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agenda.council.regular.20240312
AGENDA CITY COUNCIL REGULAR MEETING March 12, 2024 5:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Call to Order II.Roll Call III.Scheduled Public Appearances IV.Citizens Comments & Petitions V.Special Orders of the Day ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/84385033588? pwd=L1oUWovC6nFHjE9IKbK0WEVAXs13Ks.1 Passcode: 81611 Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 719 359 4580 Webinar ID: 843 8503 3588 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kcb2fu9LCK (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) 1 1 VI.Consent Calendar VIA.Resolution #019, Series of 2024 - Application of Community Enhancement Funds & Lifting of Restricted Status VIB.Resolution #029, Series of 2024 - Concrete Replacement, Garmisch Pedestrian Improvements and EV Charging Station Install Projects VIC.Resolution #031 and #038, Series of 2024 – Construction Contract - Puppy Smith Switch Station Equipment Replacement VID.Resolution #032, Series of 2024 – Electric Utility: Puppy Smith Switch Station SCADA and HMI Purchase and Installation VIE.Resolution #033, Series of 2024 - Approving Funds for Two Deed Restricted Affordable Homes in Woody Creek VIF.Resolution #034, Series of 2024 - Professional Cleaning Services Contract for City Offices VIG. Resolution #036, Series of 2024 — Electric Utility: Service Schedule M and First Amendment to Fourth Revised Supplemental Agreements between Municipal Energy Agency of Nebraska and The City of Aspen 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) 2024 Community Enhancement Fund Memo Reso 19 Series 2024.docx 2024 Community Enhancement Fund Resolution 19 Series 2024.docx 2024_Concrete_Replacement_Council_Memo_2.29.24_Final_Revised_Memo_1.docx Resolution #029 2024.doc 2024-002 CONTRACT FOR CONSTRUCTION 2024.doc.pdf Council Memo - Puppy Smith Switch Station Replacement.docx Reso #031 of 2024 for Puppy Smith Switch Station Upgrades.doc Reso #038 of 2024 for Puppy Smith Switch Station Upgrades- CO Authority.doc Contract Docs. Puppy Smith Switch Station Upgrades.pdf Council Memo - Puppy Smith Switch Station Controls Installation.docx Reso #032 of 2024 for Puppy Smith Switch Controls Installation.doc City of Aspen Pro Sev Agree and Ex A SEL Signed.pdf ApprovingReso33-2024.docx COA.Reso33-2024.213-215WoodyCreek.SalesAgreements.2024.0312.pdf SalesDocuments.pdf Council Memo Reso #034, 2024 - 2-26-2024.docx Exhibit I-Resolution #034, Series of 2024.doc Exhibit II-City of Aspen Professional Services Agreement with Green Clean.pdf MEAN - Service Schedule M and 1st Ammendment to Fouth Supplemental 2 2 VIH.Resolution #037, Series of 2024 - IT Data Center Cooling Project Change Order #002 VII.Resolution #039, Series of 2024 - Armory Hall Remodel and Reuse: Design Team Contract VIJ.Resolution #040, Series of 2024 - Aspen Public House Lease Amendment VIK.Resolution #041, Series of 2024 - IGA for Wildfire Early Detection Camera Funding VIL.Draft Minutes of February 27th, 2024 VII.Notice of Call-Up VIII.First Reading of Ordinances VIIIA.Ordinance #03, Series of 2024 - Increase in Food Tax Refund Award Amount IX.Public Hearings X.Action Items XA.Resolution #027, Series of 2024 - 875 Bonita Drive - Consideration of Demolition Agreement Memo Final .docx Exhibit C - Resolution no. 036 - Approval of Modernized Service Schedule M and 1st Amendment Supplemental Agreement .doc Exhibit A - Service Schedule M.pdf Exhibit B - Amendment No 1 to Fourth Supplemental Agreement.pdf Council_Memo-IT_Data_Center_Change Order #002.pdf Exhibit I-Resolution #037, Series of 2024.pdf Exhibit II-Change Order #002 - North Peak Inc. 2-12-2024.pdf 1_2024.03.12_Council__memo_CCY_Contract.docx 2_CCY Contract_Resolution.docx 3_Armory Hall City of Aspen B132-2019 _Final Amendments_2024.03.05 - Final - (1).pdf 4_Exhibit A_CCY Proposal.pdf 5_Exhibit B_Fee Schedule.pdf 6_Exhibit C_Armory Hall RFP Design Services.pdf Resolution #40, Series of 2024 Aspen Public House Lease Amendment Council Memo.docx Resolution #40 - Lease amendment.docx Amendment to Lease (3-12-2024)(Final).docx Elk Mtn dba Aspen Public House_exp2023.pdf 041-2024 Wildfire Camera IGA - Memo.docx Resolution 041-2024 - Wildfire_Camera_IGA.doc Wildfire Camera AI IGA 240304.docx cc.min.022724.docx Memo food tax 03_12_24.docx Ordinance 03 - Food Tax Refund Increase.docx 3 3 Allotment Request XI.Executive Session XII.Adjournment Staff Memo_Resolution #027, Series of 2024.pdf Resolution #027, Series of 2024_875 Bonita Dr_Demo Allotment.pdf Exhibit A - Application for 875 Bonita Drive.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: 1) Ongoing Litigation: The Centennial Owners’ Association, v. The City of Aspen, et al . Case No.: 2015CV030158 and Case No.: 2017CA2099; and Forest Lookout II LLC and Aspen Forest 8th 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 2) Potential Litigation: Guerdon, LLC and 359 Design LLC re: Burlingame III 3) 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. 4 4 MEMORANDUM TO:City Council FROM:Pete Strecker, Finance Director THRU: Sara Ott, City Manager MEETING DATE:March 12, 2024 RE:Resolution No. 019 (Series 2024), Community Enhancement Funds Request of Council: The Finance department is requesting Council approval for partial release of the restricted designation on unspent Community Enhancement Funds. Since the last resolution releasing restricted funds of this type, the City has received $314,211 in additional revenue. Adding to the previously uncommitted balance of $72,402, this brings the total balance of Community Enhancement Funds to $386,613. The resolution before Council tonight seeks to apply $292,777 of these funds towards past projects or community events. Previous Actions: Staff previously brought forth a resolution for this same purpose back in 2021 (and 2011, 2014 and 2018 before that). Council approval granted through previous actions equated to the unrestricted designation of roughly $1.87M and covered Holy Cross receipts from 2007 through 2021. Most recently, Council adopted the 2023 Budget with $75,000 dedicated towards an undergrounding project in East Aspen but the release of the restricted funds status on these dollars has not yet been mirrored in a resolution. Background:Community Enhancement Funds are received annually and reflect a voluntary fee paid by Holy Cross, equal to 1% of gross revenues. These fees are in addition to the 3% franchise fee, as outlined within Ord #11 (series 1998) and Ord #44 (series 2003) which established both fees. Per the City’s agreements with Holy Cross, Community Enhancement Fund revenues are designated for specific purposes that include: (1) beautification projects, (2) energy conservation projects, (3) equipment and technology upgrades for schools, (4) scholarship funds, (5) acquisition of open space and/or park land and development thereof, (6) sponsorship of special community events, and (7) undergrounding of overhead electric utility lines. Since inception: $1,219,867 has been spent on energy efficiency upgrades at the Aspen Recreation Center; $689,711 on Community New Year’s Eve celebrations; $620,102 on supporting the Community cycling event (Pro Cycling Challenge); $75,000 on led lighting improvements for recreation; $72,202 on Community 4 th of July events; and $36,075 on Community Picnics. Discussion:As a reflection of Community Enhancement Funds being applied toward allowable purposes as noted above, this resolution requests the application of these restricted funds towards the City’s $75,000 contribution to East Aspen electric undergrounding project plus the City’s 2023 support of New Year’s Eve, Community Picnic and 4th of July events. The aggregate uses from these events and the undergrounding project commits $292,777 of these restricted resources and leaves a balance of $93,836 for future qualifying events or projects. 5 $384,590 - Res. #019 (2024) 2021 2022 2023 YTD Undergrounding Lines East of Aspen $0 $0 $75,000 $75,000 Special Community Events New Year's Eve $0 $0 $54,844 $54,844 Community Picnic $0 $0 $27,031 $27,031 4th of July $0 $0 $135,902 $135,902 Expenses of Qualifying Projects $0 $0 $292,777 $292,777 Carried Balance $72,402 $72,402 Annual Revenue $100,019 $105,872 $108,320 $314,211 Total Funds Available $386,613 Remaining Balance $93,836 Financial/Budget Impacts:Action to approve the proposed resolution will lift the spending restriction on $292,777 sitting in the General Fund’s accumulated, but restricted, balance. This action is essentially a quasi-reimbursement type action that will reflect that City funds have already covered these qualifying costs that Enhancement Funds can reimburse. Therefore, no new financial impacts are associated with this resolution. Recommendations:Staff recommends approval of Resolution 019, Series 2024 approving removal of the dedicated resources designation on $292,777 of Community Enhancement Fund contributions. Alternative:If the Council wished to retain a higher level of restricted funds for other projects in the future, such as additional undergrounding projects, the Council could dial back the reimbursement for community events that is included in this proposal. That said, there are annual contributions from Holy Cross that add to this balance so there will be natural growth to the balance regardless. City Manager Comments: 6 RESOLUTION #019 (Series of 2024) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING THE RELEASE THE COMMUNITY ENHACEMENT FUNDING RECEIVED FROM HOLY CROSS FROM THE RESERVED FUND BALANCE IN THE GENERAL FUND. WHEREAS, the Aspen City Council approved Ordinance #011, 1998, granting a franchise to Holy Cross Energy, and approved Ordinance #044, 2003, a revision to the franchise, and WHEREAS, said ordinances state that in addition to a 3% franchise fee, Holy Cross will pay a voluntary 1% of gross revenues to fund a Community Enhancement Fund, and WHEREAS, these funds are designated for specific programs that are designed to make a difference in people’s lives and the community in which they reside including (1) beautification projects; (2) energy conservation projects; (3) equipment and technology upgrades for schools; (4) scholarship funds; (5) acquisition of open space and/or park land and development thereof; (6) sponsorship of special community events; and (7) undergrounding of overhead electric utility lines, and WHERAS, past uses of Community Enhancement funding include energy conservation projects and a LED lighting upgrade at the Aspen Recreation Center (ARC) and special community events like the New Year’s Eve Celebration and Pro Cycling Challenge 1, and WHEREAS, the City has experienced additional qualifying costs over the three-year period 2021-2023 equal to $75,000 associated with the East Aspen Underground electric utility project, and $217,777 on community events such as the new year’s eve celebration, community picnic and 4th of July festivities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO, THAT: Section 1 The Finance Director of the City of Aspen is hereby directed to release the restrictive designation of the funds held in the reserve account entitled “Community Enhancement Funds” and make all other accounting steps necessary to release $292,777 of said funds in the General Fund for 2024 as reimbursement towards the qualifying East Aspen Underground electric utility project. 1 Past resolutions (Res #30 (Series 2011); Res #30 (Series 2014); Res #73 (Series 2018)) Res #99 (Series 2021) have lifted restrictions within the General Fund equal to $1,659,493. 7 INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12 th day of March 2024. _________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk of the City of Aspen, 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 12 th day of March 2024. _________________________ Nicole Henning, City Clerk 8 MEMORANDUM TO:Mayor and Council FROM:Jack Danneberg, PE, Project Manager III Wyatt Young, Project Manager Tim Karfs, Sustainability Programs Administrator THROUGH:Trish Aragon, PE, City Engineer DATE of MEMO:March 5th, 2024 MEETING DATE:March 12th, 2024 RE:Concrete Replacement, Garmisch Pedestrian Improvements and EV Charging Station Install Projects (Resolution #029, Series of 2024) REQUEST OF COUNCIL: Staff recommends Council approve the contract for concrete replacement, Garmisch pedestrian improvements and electric vehicle (EV) charging stations projects with Excavation Services, Inc. in the amount of $865,832.59 and other related costs of approximately $96,000.00. BACKGROUND: The city performs numerous essential infrastructure repairs and needed safety upgrades each year including concrete replacement. The concrete replacement project is an annual city-wide multi-department series of projects with sidewalk, trails, ADA, EV station installations, stormwater and concrete infrastructure repairs and safety improvements combined into one project to decrease city costs, maximize scheduling efficiencies, and increase interest from the local construction industry. These capital projects are part of an ongoing safety plan with the goal to develop and maintain safer pedestrian corridors and drainage protection in Aspen. This project delivers on Council’s Goal to prioritize aging infrastructure and the maintenance for aging facilities. 9 Figure A: Concrete Replacement Work Map Concrete Replacement Project: Three blocks of curb and gutter and three ADA ramps are proposed for replacement. See Figure A above for a map of curb and gutter replacement areas and ADA improvements. All areas have been identified for improvement through a condition evaluation process and public input. Concrete repair and replacement is intended to repair necessary street drainage infrastructure ahead of street paving activities. Additionally, the ADA ramps scheduled for improvement are not currently compliant with the Americans with Disabilities Act (ADA) Standards for Accessible Design. These ramps will be replaced to meet or exceed ADA requirements, thereby significantly enhancing the pedestrian experience for individuals with disabilities and ensuring our city's infrastructure is inclusive for all community members. Garmisch St Pedestrian Connection Project: This project includes the installation of sidewalk in two locations on Garmisch St to improve pedestrian connectivity. The first location along Koch Park will install approximately 300ft of concrete sidewalk, and one bi-directional ADA ramp. This project provides a safe accessible walkway along our city park. The second location, a block north, will install approximately 125ft of concrete sidewalk, one bi-directional ADA ramp, and one concrete alley apron. These sections of sidewalk fill in missing links for pedestrian connection along Garmisch St. With these pieces there will be continuous ADA access on one side of the street from Durant Ave to Francis Ave. The sidewalk and ADA ramp components of the Garmisch St pedestrian improvements will be funded by a CDOT pedestrian infrastructure grant. Additionally, a portion of the sidewalk installation on Garmisch St overlaps with Utility’s Electric Conduit Installation project. Project managers will coordinate project schedules to limit the impact to the community and provide the city with cost savings. 10 EV (Electric Vehicle)Charging Stations: As part of the upgrades on Garmisch St, two new EV charging stations will be installed, adding a total of four charging plugs. This effort is in line with the goals set in the 2021 City of Aspen Public Electric Vehicle Charging Infrastructure Masterplan, which aims to install 35-45 publicly accessible charging plugs by 2026. Currently, the city has 12 EV chargers, equating to 19 plugs. Locations for the new chargers include the north side of Koch Park and the corner of Garmisch St and Durant Ave. The charger at Koch Park will be made accessible, providing two ADA-compliant plugs, and ensuring no loss of parking spaces in the area. The second charger, positioned at Garmisch St and Durant Ave, will transform existing parking spaces into two additional charging points. Koch Park was chosen for its strategic location, housing density, and identified need for more charging options. These installations are a step towards fulfilling the Council's Goal of aligning city operations with the Aspen Sustainability Plan, promoting a greener, more accessible Aspen. DISCUSSION:The Concrete Replacement Project was advertised for bid on January 6th, 2024. One bid was received and opened on February 9 th, 2024. The bid came within the estimated cost and within project budget. Bids were received from one (1) Contractor as summarized below: Excavation Services, Inc.$865,832.59 Excavation Services, Inc. has experience in various city infrastructure improvement projects. Staff recommends that it is in the City’s best interests to award the final construction contract to this vendor. The final contract price is $865,832.59. As described above, this includes Concrete Replacement, Garmisch St Pedestrian Connection, and Electric Vehicle (EV) Charging Stations. FINANCIAL/BUDGET IMPACTS: This is a multi-fund project to reduce the unit cost of materials. To represent the different funding sources the financials have been separated below. In addition to the $865,832.59 for Excavation Services, Inc. We anticipate an additional $96,000 for related engineering expenditures. These include construction management services to oversee the project, ensuring it meets quality and timeline requirements. CAD design services. Geotechnical and materials testing to verify the suitability of materials and soil conditions. Survey services and Electrical design and installation services. Finally, public outreach efforts are necessary to inform the community about the impacts of the project. All these services ensure a successful project completion. Below is a breakdown of the financial impacts. The EV charging station project, 51648, is a 2023 project being brought forward in 2024. The budget was fully utilized in 2023 and additional funding is being requested via spring supplemental. The 11 supplemental package will include a requested increase of $129,000 for these Koch Park EV charging stations, as well as potential charging stations at the Yellow Brick and on Hunter St. Engineering Expenditures General Concrete Replacement and ADA Improvements $ 582,307.91 Garmisch St Pedestrian Connection & EV Stations $ 283,524.69 ENGINEERING CONTRACT TOTAL $ 865,832.59 Related Engineering Expenditures Construction Management Services $ 31,000 CAD Services $ 10,000 Geotech and Material Testing $ 20,000 Survey $ 5,000 Electrical Design and Installation $ 25,000 Public Outreach and Communications $ 5,000 RELATED SERVICES TOTAL $ 96,000 Engineering Budgeted Funding General Concrete Replacement (000.327.81200.57210.51689) $ 656,000 EV Charging Station Installation (000.327.81200.57210.51648) $ 50,000 Garmisch St Pedestrian Connection (000.327.81200.57210.51259) $ 260,000 TOTAL $ 966,000 The Garmisch Pedestrian Improvements part of this project will receive $150,000 from CDOT through its Revitalizing Main Streets grant program. This program encourages active transportation and healthy lifestyles through improvements to the vitality of downtowns, mixed-use centers, and community gathering spaces. It also supports community access to the right of way that safely accommodates all modes of travel. This project will provide safe access to opportunity and mobility for residents of all ages, incomes, and abilities, including vulnerable users. The Parking Department manages the costs of the city's public EV charging program, including electricity and snow removal. Charging fees for Level 2 and Level 3 stations partially offset these expenses, but operational costs have risen. Staff plans to adjust fees and policies in the 2025 budget to cover increased costs, aiming to avoid a projected $21,000 deficit from electricity and snow removal expenses. High electricity costs for Level 3 chargers primarily drive this deficit, but the new Level 2 chargers at Koch Park are expected not to impact finances negatively. ALTERNATIVES: There was only one bid that was received for this project However, the bid for this project came within the estimated engineering cost. Additional bids could be pursued but would delay the project until next construction season. If the Garmisch St pedestrian connection portion of the project is postponed, access to the $150,000 CDOT grant will be lost. 12 ENVIRONMENTAL IMPACT: Curb and gutter systems associated with the concrete replacement project, enhances stormwater management, reducing river pollution and protecting road foundations. By maintaining these systems, we extend street life and lower our project’s environmental footprint. The project also improvespedestrian safety and the walkability of the city thereby decreasingvehicle trips and subsequent greenhouse gas emissions. The installation of a new EV charging station supports public access to charging infrastructure and increases the likelihood of EV use. The increased use of electric vehicles contributes to city wide goals of reducing greenhouse gas emissions and improved air quality. PUBLIC OUTREACH: Approximately 10 days before work starts, staff will send a detailed project fact sheet to neighbors within a 300-foot radius, outlining construction impacts. For those most affected, direct communication will occur before construction begins in their vicinity. Additionally, outreach to the commercial core will be increased to ensure businesses are well-informed about the project's progress. STAFF RECOMMENDATION:Staff recommends Council approve the Concrete Replacement, EV Charging Stations, and Garmisch St Pedestrian Connection Projects contract with Excavation Services, Inc. in the amount of $865,832.59 PROPOSED MOTION:“I move to approve Resolution No. 029, Series of 2024.” CITY MANAGER COMMENTS: ATTACHMENT A – Contract with Excavation Services, Inc. 13 RESOLUTION #029 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND EXCAVATION SERVICES, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract between the City of Aspen and Excavation Services Inc., a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract between the City of Aspen and Excavation Services Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12 th day of March 2024. 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, March 12 th, 2024. Nicole Henning, City Clerk 14 ________________________________________________________________________ CC5-971.doc Page: 1 Updated:1/2024 STANDARD CONTRACT FOR CONSTRUCTION 2024-002 THIS CONTRACT, made and entered into on February 29th, 2024, by and between the CITY OF ASPEN, Colorado, hereinafter called the “City”, and Excavation Services Inc., 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 b y this Contract, and the construction and completion of the Project, City agrees t o pay Contractor a sum not to exceed eight hundred sixty-five thousand eight hundred thirty-two DOLLARS and fifty nine CENTS ($865,832.59) 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 an y and all events to substantially complete the same not later than October 31st, 2024, subject to DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 15864 ________________________________________________________________________ CC5-971.doc Page: 2 Updated:1/2024 such delays as are permissible under the “Extension of Time for Completion” section of this Contract. 5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machin ery, 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, inclu ding 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 constru ction 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. Contract Documents shall also include General Conditions for Construction Contracts and Special Conditions appended hereto. However, in case of conflict this Contract for Construction shall control. 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 cha nges, omissions or extra work shall be DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 16865 ________________________________________________________________________ CC5-971.doc Page: 3 Updated:1/2024 agreed upon and fixed in writin g, 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 suf ficient 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 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 Prop erty 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) una nticipated 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 fair and reasona ble 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 cond itions and that if, at the time of inspection th erefor, 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 condit ions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and genera lly recognized as inherent in work of the DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 17866 ________________________________________________________________________ CC5-971.doc Page: 4 Updated:1/2024 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 com puting such costs, building permit fees, insurance and such financing 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 Complet ion 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. Contractor 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, contractor error, mistake, negligence, or other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of any workmen's compensation claim of any DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 18867 ________________________________________________________________________ CC5-971.doc Page: 5 Updated:1/2024 employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor 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 Contractor, 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 Contractor for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 15. Insurance. 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. DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 19868 ________________________________________________________________________ CC5-971.doc Page: 6 Updated:1/2024 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 TWO MILLION DOLLARS ($2,000,000.00) 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. 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. DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 20869 ________________________________________________________________________ CC5-971.doc Page: 7 Updated:1/2024 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. f. 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 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. g. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 16. Termination by the Owner for Convenience. a. In addition to the provisions of termination set forth in the General Conditions, the Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. b. Upon receipt of notice from the Owner of such termination for the Owner ’s convenience, the Contractor shall (1) cease operations as directed by the Owner in the notice. (2) take actions necessary, or that the Owner may direct, for the protection and preservation of the Work. and (3) except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. c. In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 21870 ________________________________________________________________________ CC5-971.doc Page: 8 Updated:1/2024 of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. 17. 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 don e 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. 18. 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 Engineering Department 427 Rio Grande Place Aspen, Colorado 81611 To Contractor: Excavation Services Inc. P.O. Box 1159 Carbondale, CO 81623 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. 19. Inspections; Warranties. a. Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 22871 ________________________________________________________________________ CC5-971.doc Page: 9 Updated:1/2024 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). 20. 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. 21. 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. 22. 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 subcontrac t 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. 23. 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. 24. 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. 25. Waivers. No waiver by City or Contractor of any default by the other or of any event, circumstance or cond ition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 23872 ________________________________________________________________________ CC5-971.doc Page: 10 Updated:1/2024 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. 26. 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. 27. 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. 28. 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. 29. 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 th e provisions of this Contract are declared to be severable. 30. 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 in- sure that applicants are employed, and that employees are treated during employ- ment 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. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: a. Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment -related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 24873 ________________________________________________________________________ CC5-971.doc Page: 11 Updated:1/2024 military status, sexual orientation, gender identity, gender expression, or marital or familial status. b. Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. The foregoing provisions shall be incorporated in all subcontracts hereunder. 31. 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. 32. 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. 33. 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 DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 25874 ________________________________________________________________________ CC5-971.doc Page: 12 Updated:1/2024 not be obligated to provide services or materials for which funds have not been appropriate. 34. Waiver and Amendment. 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. 35. 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 th e Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper c opy 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. 36. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [ ] No additional provisions are adopted. [X] See attached Exhibit A. DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 26875 ________________________________________________________________________ CC5-971.doc Page: 13 Updated:1/2024 IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. CITY OF ASPEN, COLORADO: PROFESSIONAL: _____________________________ _______________________________ [Signature] [Signature] By: __________________________ By: ____________________________ Title: _________________________ Title: ___________________________ Date: _________________________ Date: ___________________________ Approved as to form: _______________________________ City Attorney’s Office Standard Terms & Conditions Architectural Services Agreements can be found on city website https://aspen.gov/1517/Purchasing JPW-2/29/2024-M:\city\cityatty\arch\ag1-981.doc 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. DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 2/29/2024 | 10:24:45 AM MST Justin Nuun Presidet 27876 ________________________________________________________________________ CC5-971.doc Page: 14 Updated:1/2024 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 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: _______________________ DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 28877 MEMORANDUM TO:Mayor and City Council FROM:Andy Rossello, Project Manager III THROUGH:Ryan Loebach, Sr. Project Manager Justin Forman, Director of Utilities MEMO DATE:March 4th, 2024 MEETING DATE:March 12th, 2024 RE:Resolution #031 and #038 Series of 2024 – Construction Contract - Puppy Smith Switch Station Equipment Replacement REQUEST OF COUNCIL:Staff requests a contract award to E Light Electric Services, Inc. in the amount of $558,682.25 for the installation of an electric switchgear, emergency backup generator, primary metering cabinet, and site improvements that will replace the Puppy Smith Switch Station equipment that supplies electricity to the City of Aspen. Additionally, staff requests the approval of a contingency budget of $83,802.34 to be released under the administrative authority of the City Manager. PREVIOUS COUNCIL ACTION: Council approved $209,620 for the purchase of an Innovative Switch Gear (ISG) to replace the existing switch station equipment through Resolution #105, Series of 2022. BACKGROUND:The City of Aspen Puppy Smith Switch Station consists of 30-plus-year-old electric distribution equipment that was retrofitted for indoor use at the time of installation. During routine maintenance activities in 2021, City staff and their consultant engineers, Atwell, determined the existing switch station equipment to be approaching the end of its useful life and due to its indoor location, presented a potential safety hazard to staff and City electric utility assets. In 2022, Atwell designed replacement electric equipment to address the identified issues. Atwell recommended the installation of a proprietary switchgear located exterior to the Puppy Smith Switch Station that will provide improved operator safety, accessibility, and system control. City staff purchased the ISG switchgear which had an extensive 72+ week lead time. During the site improvement design process, other necessary improvements were identified including an emergency backup generator and a primary metering cabinet required for system operation and regulatory reporting. Staff worked with consultant engineers to design all of these components for installation outside of the Puppy Smith building to improve operator safety. Staff is seeking a construction contract from Council to install these components and associated site improvements. 29 DISCUSSION:City staff solicited proposals from qualified construction firms to construct this replacement project. The proposals were reviewed by City staff utilizing the following criteria that were outlined in the Request for Proposal (RFP): Cost Demonstrated experience constructing and permitting in the City of Aspen Demonstrated experience working in and around energized equipment Contractor’s written approach to the project E Light Electric Services, Inc. was the only responsive, responsible bidder. The proposed bidder’s costs were above the current proposed project budget. Staff worked closely with the bidder to value engineer a savings of $35,280 from the initial proposal costs. Savings were realized due to staff being able to perform project management and coordination functions that the contractor had assumed were their responsibility. Staff is requesting to utilize electric fund savings through a spring supplemental request to complete the project in 2024. Construction progress will be monitored by City staff. FINANCIAL/BUDGET IMPACTS: Staff solicited an RFP for construction services and received one proposal. Bidder’s costs are summarized below: E Light Electric Services, Inc.$593,962.25 Staff recommends awarding the construction contract to E Light Electric Services, Inc. based on their qualifications, responsiveness to the RFP, and successful performance installing electrical components on the City’s Red Brick Electric Circuit Replacement Project. This project has the potential to encounter abandoned utilities, unknown subsurface conditions, unidentified utilities, and potentially large boulders or cobble. Staff requests a contingency budget be reserved and approved for release by staff. The proposed project funding and expenditures are outlined below: Total Project Expenditures E Light Electric Services, Inc $558,682.25 Contingency (15% of the above contract)$ 83,802.34 Total $642,484.59 Funding Budgeted Utilities Funding Project 51309 $ 49,460.03 New Funding Request-2024 Spring Supplemental $593,024.56 Total $642,484.59 Staff has been working through the planning and design of this critical electrical infrastructure replacement project over the course of several years. Staff has analyzed the electric fund long-term plan and determined the fund can support executing these improvements. Staff has seen extended lead times and cost escalation throughout the planning effort and believes installing these components in coordination with downtown circuit replacements will contribute to increased system resiliency and minimize system interruptions. 30 ENVIRONMENTAL IMPACTS:Staff is recommending the installation of a solid-state electric switchgear that does not utilize oil and/or gases for insulation. Insulating oils are a known environmental contaminant, and insulating gases are proven to be some of the largest contributors to greenhouse gas emissions. ALTERNATIVES: Staff believes this is a critical project to continue to provide reliable electrical service to all customers within our service territory and provide that service in a manner that meets industry standards for operator safety. Alternatively, City staff can continue to maintain the existing switch station equipment and perform isolated repairs which typically results in more frequent and longer electric service disruptions for utility customers due to lead time for parts and materials. RECOMMENDED ACTION:Staff requests Council approve the contract with E Light Electric Services, Inc. in the amount of $558,682.25 for the installation of electric switchgear, emergency backup generator, primary metering cabinet, and associated site improvements. Additionally, staff requests the approval of a contingency budget of $83,802.34 to be released under the administrative authority of the City Manager. PROPOSED MOTION:I move to approve Resolution # 031 and # 038 Series of 2024. CITY MANAGER COMMENTS: ATTACHMENTS: A. Contract for Construction with E Light Electric Services, Inc. B. Resolution # 031, Series of 2024 C. Resolution # 038, Series of 2024 31 RESOLUTION # 031 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND E LIGHT ELECTRIC SERVICES, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for the construction of electrical infrastructure at the City’s Puppy Smith Switch Station in Aspen, between the City of Aspen and E Light Electric Services, Inc., a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for construction of electrical infrastructure at the Puppy Smith Switch Station in Aspen., between the City of Aspen and E Light Electric Services, Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12 th day of March, 2024. 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, March 12th, 2024. Nicole Henning, City Clerk 32 RESOLUTION # 038 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE CITY MANAGER TO EXERCISE ADMINISTRATIVE OVERSIGHT OF CHANGE ORDERS THAT ARE WITHIN THE PROPOSED BUDGET FOR CITY PROJECT #51309 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY OF ASPEN COLORADO. WHEREAS, there has been submitted to the City Council a contract for the construction of electrical infrastructure in Aspen, Colorado, between the City of Aspen and E Light Electric Services, Inc., in the amount of $558,682.25 (Reso. #032 of 2024). WHEREAS, City Council has determined it is in the best interest of the City of Aspen to authorize the City Manager to exercise administrative oversight of change orders for an amount not to exceed $83,802.34 and execute said change orders on behalf of the City of Aspen, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen does hereby authorize the City Manager to exercise administrative oversight of any change orders for an amount not to exceed $83,802.34 and execute said change orders on behalf of the City of Aspen, Colorado. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12 th day of March, 2024. 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, March 12 th, 2023. 33 Nicole Henning, City Clerk 34 _________________________________________________________________________________________________________ CS1-971. doc CS1 Puppy Smith Switch Station Upgrades City Project Number: 2023-436 BID DOCUMENTS & CONSTRUCTION SPECIFICATIONS OPENING: January 31st, 2024 City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 (970) 920-5408 andy.rossello@aspen.gov 35 __________________________________________________________________________________________________ TC1-971.doc TC1 427 Rio Grande Pla Aspen Colorado 81611 (970) 920-5079 Project Title: Puppy Smith Switch Station Upgrades Project No.: 2023-436 BID PACKAGE (Contract Documents) TABLE OF CONTENTS Pages Request For Proposals - Instruction to Bidders ………………………………………………………………… IS1 General Conditions …………………………………………………………………… GC1 Special Conditions ……………………………………………………………………. SC1 Technical Specifications …...…………………………………………………………. TS1 Qualification Statement ………………………………………………………………. *QS1 Bid Proposal ………………………………………………………………………….. *BP1 Affidavit of Compliance ….…………………………………………………………. *AC1 Liquidated Damages Form ………………………………………………………….. *LD1 Notice of Intent to Award……………………………………...………………………. NA1 Contract for Construction …………………………………………………………. **CC1 Performance Bond ………………………………………………………………….. **PB Payment Bond ……………………………………………………………………….**YB1 Maintenance Bond …………………………………………………………………..**MB1 Contractor’s License …………………………………………………………………**LC1 Notice to Proceed ……………………………………………………………………… NP1 Daily Construction Log Form …………………………………………………….ENG-304 Progress Pay Estimate Form …………………………………………………………… PE1 Change Order Form …………………………………………………………………… CO1 Sub-Contractor Claim Release Form …………………………………………….... ***CR1 Claim Release Form ……………………………………………………………….. ***CR2 Project Closure Form …………………………………………………………………. PC1 Appendices ……………………………………………………………………………... AP Appendix A: Plan Drawings Appendix B: Product Specification(s) Note: Page Markings; * Pages to be executed prior to submitting sealed bids. ** Pages to be executed upon notice of award and prior to pre-construction conference. *** Pages to be executed during final stages or completion of work and prior to release of retainage. 36 1 INVITATION TO BID: REQUEST FOR PROPOSALS Electronic proposals will be received through the Bidnet Direct website, www.bidnetdirect.com until 2:00 pm, January 31st, 2024, at which time the proposals will be opened and reviewed, for the following City of Aspen project: 2023-436 – Puppy Smith Switch Station Upgrades The project will include but is not limited to: The construction of new electrical facilities including the installation of an Innovative Switch Gear (ISG), backup natural gas generator, primary metering cabinet, service disconnect, and all associated sitework. Sitework includes relocating an existing transformer, installing cable and conduit for facilities, new gas service, retaining walls, screening fence, site grading, revegetation, demolition and disposal of existing gear, and installation of building floor and access hatch for an existing raceway/crawlspace. Complete proposal packages are available to download from www.bidnetdirect.com Vendors must be registered to view the bid packages. There is no charge to register. Call 1-800-835-4603 if you need assistance registering for free access. A pre-proposal conference will be held at The City of Aspen Water Treatment Plant at 500 Doolille Dr., Aspen, CO 81611, with a site walk to follow, at 1:00 PM, January 10th, 2024. Attendance at the pre-proposal conference is MANDATORY unless prior authorization is given by the City's Project Manager. The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan, specification, proposal or other writing submitted pursuant to this request. To submit, an electronic copy of the Proposal as a PDF or Word file, must uploaded to the Bidnet Direct website, www.bidnetdirect.com. The City cannot accept faxed or emailed proposals. Discussion may be conducted with responsible offerors who submit Proposals determined to be reasonably susceptible to be selected for award for purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. In addition to price, the criteria set forth in the Instruction to Bidders and any specific scoring criteria listed below, may be considered in judging which Proposal is in the best interests of the City: 37 2 Cost as described within the Items to Bid 45% Experience constructing and permitting in City of Aspen 20% Experience working in and around energized equipment 10% Contractor experience working on Primary electric systems 10% Contractor written approach to Project 10% Demonstrated experience constructing in utility corridors 5% BY ORDER OF THE CITY OF ASPEN, COLORADO Andy Rossello, PE Project Manager III 38 IS1-971.doc IS1 Page: 1 City of Aspen - Instructions to Bidders INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION PROJECTS 1. The City of Aspen has advertised to invite Bidders to submit sealed Bids for a construction project which is fully described in the Contract Documents accompanying these instructions. The following instructions have been prepared to assist Bidders in the preparation of their Bids. 2. The Contract Documents for this project shall consist of the following documents: A. Request for Proposals. B. Instructions to Bidders. C. Bid Proposals D. Addenda, if any. E. General Conditions. F. Special Conditions. G. Bid Bond. H. Notice of Award. I. Contract for Construction. J. Payment Bond. K. Performance Bond. L. Maintenance Bond. M. Drawings, identified in General Conditions. N. Specifications identified in General Conditions. O. Affidavit of Compliance form. P. Liquidated damages form. Q. Contractor’s License form. R. Daily Construction Log form. S. Progress Pay Estimate form. T. Change Order Form U. Claim Release form. V. Insurance Certificates. 3. Information contained in the Contract Documents, as completed during the bidding and contract award process, shall be the basis for the bids, and nothing shall be deemed to 39 IS1-971.doc IS1 Page: 2 City of Aspen - Instructions to Bidders change or supplement this basis except for written revisions to the above documents issued by the City of Aspen. 4. The City of Aspen reserves the right to reject any or all bids or accept what is, in its judgment, the best bid. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any and all bids submitted, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 5. The cost of bid preparation shall be borne solely by the persons or entities submitting bids. 6. The following procedures or steps shall be followed after the issuance or publication of Invitation for Bids: A. Reference is made to the Invitation for Bids to determine if a pre-bid conference will be scheduled, and if so, where and when. If a pre-bid conference is scheduled, attendance at the pre-bid conference is mandatory unless prior authorization is given by the Bid Coordinator/ Utilities Project Manager. The costs of attendance at a pre-bid conference shall be borne entirely by the Bidder. B. Reference is made to the Invitation for Bids to determine how complete Bid Packages may be obtained. C. Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site, if any, to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect costs, progress or performance of the Work; (d) familiarize himself with the unique weather conditions of the City of Aspen and surrounding area that may affect costs, progress or performance of Work; and (e) study and carefully correlate Bidder's observations with the Contract Documents. D. Reference is made to the Special Conditions and the Invitation for Bid for the identification of those specific requirements of the project or otherwise affecting cost, progress or performance of the Work which have been relied upon by the City of Aspen or a consultant in preparing any Drawings or Specifications. These special provisions supersede the General Conditions in the Contract Documents. Before submitting the Bid, each Bidder will, at his/her own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 40 IS1-971.doc IS1 Page: 3 City of Aspen - Instructions to Bidders E. Reference is made to the Invitation for Bids to determine the place, date, and time for delivering sealed Bid proposal for this project. F. Bids shall be submitted at the time and date indicated in the Invitation for Bids and other required documents. Bids submitted by facsimile machine (FAX) or email shall not be accepted or considered. G. Each Bid must be accompanied by Bid Security made payable to the City of Aspen, in an amount of five percent (5%) of the maximum Bid price or as set in the Invitation for Bids and in the form of a certified or bank check or a Bid Bond (on form attached). The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract for Construction and furnished the required Payment, Performance, and Maintenance Bonds, or other Bonds if any are required by the Special Conditions, whereupon it will be returned; if the Successful Bidder fails to execute and deliver the Contract for Construction and furnish the required bonds and insurance certificates, within seven (7) days of the hand delivery or fax transmittal of the Notice of Award, the City of Aspen may annul the Notice of Award and the Bid Security of that Bidder shall be forfeited. The Bid Security of any Bidder whom the City of Aspen believes to have a chance of receiving the award may be retained by the City of Aspen until the day after the "effective date of the Contract for Construction" (which term is defined in the General Conditions) or the sixty first (61) day after the Bid opening, whichever is later in time. Bid Security of other Bidders will be returned within ten (10) days of the Bid award by the City Council. H. Reference is made to the Contract Documents for any Bid Forms that may be required to be completed as part of the Bid. Bid Proposal Forms, as required, must be completed in ink or by a printer/typewriter. The Bid price must be stated in words and numerals; in case of a conflict, words will take precedence. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Bids by partnerships must be executed in the partnership named and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. I. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of 41 IS1-971.doc IS1 Page: 4 City of Aspen - Instructions to Bidders Bids. No Bid may be withdrawn for a period of sixty (60) days after the date fixed for opening of bids. J. At the place, date and time fixed for opening bids, all bids received prior to that time shall be publicly opened and read aloud. All bids shall remain open for a period of thirty (60) days, but the City may, in its sole discretion, release any Bid and return the Bid Security prior to that date. K. The City shall then evaluate each bid in the best interests of the City of Aspen. The bids shall be evaluated to determine which are the lowest responsive and responsible bids. In making that evaluation, total price, the evaluation criteria set forth in the Invitation for Bids, and the following specific criteria shall be considered: 1. The ability, capacity and skill of the bidder to perform the contract or provide the Service or Construction required; 2. Whether the bidder can perform the contract or provide the Construction promptly, or within the time specified, without delay or interference; 3. The character, integrity, reputation, judgment, experience and efficiency of the bidder; 4. The quality of performance of previous contracts or Construction; 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or Construction; 6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the Construction; 7. The affirmative action goal preferences set forth at Chapter 4.04 of the Aspen Municipal Code. 8. Any other criteria for evaluating Bids set forth in the Invitation for Bids. L. Prior to accepting a bid, the City may decide to interview one or more bidders to negotiate final contract terms for inclusion in the Agreement. M. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) days of a request written evidence of additional information, such as financial data, previous experience or evidence of authority to conduct business in the state of Colorado. 42 IS1-971.doc IS1 Page: 5 City of Aspen - Instructions to Bidders N. Upon determining the successful bidder, the City of Aspen shall send to the successful bidder a Notice of Award notifying the recipient of the City's acceptance of the bidders proposal, subject to City Council or City Manager approval of the Contract Documents. The Notice of Award shall also forward to the presumptive successful bidder an electronic copy of the Agreement with instructions to execute and return the same to the City within seven (7) consecutive calendar days or risk having their bid declared abandoned. If the City Council approval is required pursuant to Section 3-11 of the Aspen Municipal Code, then the City Council at its next regularly scheduled meeting following receipt by the City of the duly executed copies of the Contract for Construction shall be asked to consider approval of the Agreement and authorize the Mayor of the City of Aspen to execute the same. If City Council approval is not required, then the Contract for Construction shall be executed by the City Manager. O. Upon receipt of Performance, Payment, and Maintenance Bonds, or other bonds when required by the Special Conditions, the City shall send to the Successful Bidder a Notice to Proceed duly executed by the Purchasing Officer and hold a mandatory Pre-construction conference. 7. All purchases of construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The City of Aspen's State of Colorado tax identification number is 98-04557. The City of Aspen's Federal Tax Identification Number is 84-6000563. 8. Reference is made to the Special Conditions for the nature and amount of any required Maintenance, Payment, or Performance Bonds. 9. There are specific indemnity and insurance requirements which the Successful Bidder must comply with prior to the start of Work for this project. These requirements are set forth in detail in the General Conditions. 10. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he/she has complied with every requirement of these instructions and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 11. Reference is made to the Invitation for Bids for the identity of the City of Aspen's Purchasing Officer who will coordinate all aspects of the bidding and awards process. All questions about the meaning or intent of the Contract Documents shall be submitted to the Coordinator in writing. Replies will be issued by Addenda posted on the City’s designated website for publishing solicitations or delivered to all parties recorded by the Purchasing Officer as having received a Bid Package. Questions received less than seven (7) days prior to the date of Bid openings may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 43 IS1-971.doc IS1 Page: 6 City of Aspen - Instructions to Bidders 12. All City procurements, source selection, contract formation, legal and contractual remedies, and standards of conduct relating to procurements with the City of Aspen are subject to the City's Procurement Code, Chapter 4 of the Municipal Code. 13. By submitting a bid, Contractor certifies and represents that at this time: (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 it does not employ illegal aliens. 44 GC1-971.doc - Page 1 City of Aspen - General Conditions for Construction Contracts General Conditions for Construction Contracts (Version GC-97-2) 45 GC1-971.doc - Page 2 City of Aspen - General Conditions for Construction Contracts CITY OF ASPEN, COLORADO GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS (Version GC-97-2) TABLE OF CONTENTS Article 1 - Abbreviations, Definitions, and Provisions of General Applicability. 1.1. Abbreviations .................................................................................................................................................................................................. 5 1.2. Definitions ....................................................................................................................................................................................................... 5 Article 2 - Preliminary Matters. 2.1. Delivery of Bonds ............................................................................................................................................................................................ 8 2.2. Copies of Documents ...................................................................................................................................................................................... 8 2.3. Commencement of Contract Time, Notice to Proceed .................................................................................................................................. 8 2.4. Starting the Project .......................................................................................................................................................................................... 9 2.5. Before Starting the Project .............................................................................................................................................................................. 9 2.6. Pre-construction Conference ........................................................................................................................................................................ 9 2.8 Project Progress Meetings ................................................................................................................................................................................ 9 Article 3 - Contract Documents, Intent, Amending, Ownership, Escrow Bid Documents 3.1. Intent ............................................................................................................................................................................................................... 10 3.4. Amending and Supplementing Contract Documents .................................................................................................................................... 10 3.6. Reuse of Documents ....................................................................................................................................................................................... 11 3.7. Precedence of Documents ............................................................................................................................................................................ 11 Article 4 - Availability of Lands, Physical Conditions, Reference Points. 4.1. Availability of Lands ...................................................................................................................................................................................... 11 4.2. Physical Conditions .......................................................................................................................................................................................... 11 4.2.1. Exploration and Reports ................................................................................................................................................................................... 12 4.2.2. Existing Structures .......................................................................................................................................................................................... 12 4.2.3. Report of Differing Conditions ...................................................................................................................................................................... 12 4.2.4. Engineer’s Review ........................................................................................................................................................................................ 12 4.2.5. Possible Document Change ........................................................................................................................................................................... 12 4.2.6. Possible Price and Time Changes .................................................................................................................................................................... 12 4.3. Physical Conditions - Underground Facilities ............................................................................................................................................... 12 4.3.1. Shown or Indicated ......................................................................................................................................................................................... 12 4.3.2. Not Shown or Indicated ................................................................................................................................................................................... 12 4.4. Land Surveys & Reference Points ................................................................................................................................................................. 12 4.5. Protection of Existing Vegetation ................................................................................................................................................................. 13 4.6. Hazardous Materials ...................................................................................................................................................................................... 14 4.7. Contractor's Representations .......................................................................................................................................................................... 14 Article 5 - Bonds, Indemnification, Liability, and Insurance 5.1. Performance, Payment, Maintenance and Other Bonds .............................................................................................................................. 15 5.2. Indemnification ............................................................................................................................................................................................... 15 5.3. Contractor's Insurance .................................................................................................................................................................................... 15 5.4. City's Liability Insurance ................................................................................................................................................................................ 17 Article 6 - Contractor's Responsibilities. 6.1. General Responsibilities ................................................................................................................................................................................. 17 6.2. Supervision and Superintendence .................................................................................................................................................................. 17 6.3. Labor, Materials, and Equipment .................................................................................................................................................................. 18 6.4.-6.7 Reserved …………………………………………………………………..........................................................................……………… 18 6.8 Sub-contractors, Suppliers and Others ........................................................................................................................................................... 19 6.9 Sub-contracting …………………………………………………...........................................................................…………………….. 20 46 GC1-971.doc - Page 3 City of Aspen - General Conditions for Construction Contracts 6.10 Patent Fees, Royalties, Permits …………………………...............................................................................…………………………… 20 6.11 Permits ………………………………………………………...........................................................................………………………… 20 6.12 Laws and Regulations …………………………………………………...........................................................................………………. 20 6.13 Taxes ……………………………………………………………............................................................................……………………… 21 6.14 Use of Premises ……………………………………………............................................................................…………………………….21 6.15 Record Documents ………………………………………………............................................................................…………………… 21 6.16 Safety and Protection ………………………………………...........................................................................………………………….. 21 6.17 Emergencies ……………………………………………............................................................................……………………………… 22 6.18 Shop Drawings and Samples …………………………………...........................................................................………………………. 22 6.19 Claim Release, Mechanics’ Lien ……………………............................................................................…………………………………. 23 6.20 Continuing the Work ……………………………………...........................................................................……………………………… 24 6.21 Contractor’s Facilities …………………………………............................................................................……………………………….. 24 Article 7 - Other Work. 7.1. Related Work at Site ...................................................................................................................................................................................... 24 7.2. Coordination ................................................................................................................................................................................................. 24 Article 8 - City's Responsibilities. 8.0. ……...….....……………………………………..................................................................……………………… 25 Article 9 - Engineer’s Status During Construction. 9.1. City's Representative .................................................................................................................................................................................... 25 9.2. Visits to Site ................................................................................................................................................................................................... 25 9.3. Project Representation .................................................................................................................................................................................. 25 9.4. Clarification and Interpretation ..................................................................................................................................................................... 26 9.5. Authorized Variations in Work ..................................................................................................................................................................... 26 9.6. Rejecting of Defective Work ........................................................................................................................................................................ 26 9.7 Shop Drawings, Change Orders and Payments .............................................................................................................................................. 26 9.8 Decisions on Disputes ……………………………………………………...........................................................................……………… 26 9.9 Arbitration ……………………………………………………………...........................................................................………………… 27 9.10 Limitations on The Engineer’s Responsibilities. ………..........................................................................………………………………… 27 Article 10 - Changes in the Work. 10.1. City Initiated Changes ......................................................................................................................................................................................... 27 10.2. Work Directive Change ...................................................................................................................................................................................... 27 10.3. Change Order ....................................................................................................................................................................................................... 28 10.4. Contractor Change Request ................................................................................................................................................................................ 28 10.5. Down Time 10.6. Submittal Requirements and Waiver of Claims ................................................................................................................................................ 29 Article 11 - Changes of Contract Price. 11.1. Contract Price Adjustments ................................................................................................................................................................................. 29 11.2. Contract Time Adjustments ................................................................................................................................................................................. 29 11.3. Force Account Work ............................................................................................................................................................................................ 30 11.4. Contract Sum Determination ............................................................................................................................................................................... 30 11.5. Cost and Pricing Data ............................................................................................................................................................................................ 32 11.6. Variation in Quantity of Unit Priced Items ........................................................................................................................................................ 32 Article 12 - Reserved. Article 13 - Warranty and Guarantee (Maintenance Bond); Tests and Inspection; Correction, Removal or Acceptance of Defective Work. 13.1. Warranty ............................................................................................................................................................................................................. 33 13.2. Access to Work ................................................................................................................................................................................................... 34 13.3. Tests and Inspections ........................................................................................................................................................................................... 34 13.4. Uncovering Work ................................................................................................................................................................................................. 35 13.5. City May Stop the Work ...................................................................................................................................................................................... 35 13.6. Correction or Removal of Defective Work ......................................................................................................................................................... 35 13.7. Correction Period ................................................................................................................................................................................................. 35 13.8. Acceptance of Defective Work .............................................................................................................................................................................. 35 13.9. City May Correct Defective Work ...................................................................................................................................................................... 36 13.10. Unauthorized Work ............................................................................................................................................................................................ 36 Article 14 - Payments to Contractor and Completion. 47 GC1-971.doc - Page 4 City of Aspen - General Conditions for Construction Contracts 14.1. Determination of Work Value ............................................................................................................................................................................ 36 14.2. Application for Progress Payment ....................................................................................................................................................................... 36 14.3. Contractor's Warranty of Title ............................................................................................................................................................................ 37 14.4. Engineer’s Review of Progress Payments .......................................................................................................................................................... 37 14.5. Substantial Completion ...................................................................................................................................................................................... 38 14.6. Partial Utilization ................................................................................................................................................................................................. 38 14.7. Final Inspection ................................................................................................................................................................................................... 39 14.8. Final Progress Payment ........................................................................................................................................................................................ 39 14.9. Settlement Date, Notice to Subcontractors, Acceptance and Final Payment ....................................................................................................... 39 14.10. Contractor's Continuing Obligation ................................................................................................................................................................... 39 14.11. Time for Completion and Liquidated Damages ................................................................................................................................................... 40 Article 15 - Suspension of Work and Termination. 15.1. City May Suspend Work ................................................................................................................................................................................... 41 15.2. City May Terminate ............................................................................................................................................................................................ 41 15.5. Contractor May Stop Work or Terminate .......................................................................................................................................................... 42 Article 16 - Miscellaneous. 16.1. Nondiscrimination ............................................................................................................................................................................................. 42 16.2. Giving Notice ..................................................................................................................................................................................................... 43 16.3. Computation of Time .......................................................................................................................................................................................... 43 16.4. General ................................................................................................................................................................................................................ 43 16.5. Independent Contractor Status .............................................................................................................................................................................. 43 16.6. Prohibited Interest ............................................................................................................................................................................................. 43 16.7. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest ......................................................................................... 44 16.8. Payments Subject to Annual Appropriations .................................................................................................................................................... 44 16.9. Contractor Acceptance ...................................................................................................................................................................................... 44 16.10. Successors and Assigns ...................................................................................................................................................................................... 45 16.11. Third Parties ...................................................................................................................................................................................................... 45 16.12. Waiver ................................................................................................................................................................................................................ 45 16.13. Agreement Made in Colorado ............................................................................................................................................................................... 45 16.14. Attorneys' Fees .................................................................................................................................................................................................... 45 16.15. Waiver of Presumption ..................................................................................................................................................................................... 45 16.16. Severability Clause ............................................................................................................................................................................................. 45 16.17. Audit and Records ............................................................................................................................................................................................. 45 16.18. Audit .................................................................................................................................................................................................................... 46 48 GC1-971.doc - Page 5 City of Aspen - General Conditions for Construction Contracts INTRODUCTION The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all, unless certain services or equipment are specifically excluded. These General Conditions have been prepared to be incorporated by reference into the Contract entered into between the City and the Contractor. In the event of conflict or inconsistency among the Contract Documents, the order of precedence set forth in the Contract for Construction shall govern the interpretation of the Contract between the City of Aspen and the Contractor. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with their recognized meanings, provided however that those terms required to be defined in the Proposal by the Contractor shall have the meaning given to them in the Proposal to the extent that they are not in conflict with any other part or term of the Contract Documents. ARTICLE 1 - DEFINITIONS 1.1. Whenever the words, forms, or phrases defined herein, or pronouns used in their place occur in the Contract Documents, the intent and meaning shall be interpreted as follows: ASCE American Society of Civil Engineers NACE National Society for Corrosion Engineers SSPC Special Society for Paint Council AASHTO American Association of State Highway and Transportation Officials AIA American Insurance Association SICS American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute (formerly ASA and USASI) ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWG American Wire Gauge AWS American Welding Society BAFO Best and Final Offer CDOT Department of Transportation, State of Colorado O&M Operations and Maintenance DHA Detailed Hazards Analysis EBD Escrow Bid Documents EIA Electronic Industries Association EPA United States Environmental Protection Agency FCC Federal Communications Commission FHWA Federal Highway Administration FTA Federal Transit Administration HVAC Heating, Ventilation, and Air Conditioning NBS National Bureau of Standards NEC National Electric Code NTP Notice to Proceed NESC National Electric Safety Code NFPA National Fire Protection Association OSHA Occupational Safety and Health Administration PHA Preliminary Hazards Analysis SAE Society of Automotive Engineers UL Underwriter's Laboratories, Inc. UMTA United States Department of Transportation, Urban Mass Transportation Authority UD&FCD Urban Drainage and Flood Control District MUTCD Manual on Uniform Traffic Control Devices 49 GC1-971.doc - Page 6 City of Aspen - General Conditions for Construction Contracts 1.2. Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents, Contract Documents, drawings, details or specifications. Bid - The offer or proposal of the bidder submitted on the prescribed form(s) setting forth the prices for the Work to be performed. Bidder - Any qualified responsible and responsive firm or corporation submitting a Bid for the Work. Bid Package - All information and standard Contract Documents prepared by the City to assist potential bidders to prepare their bids. Bonds - Bid, performance, payment, maintenance bonds and other acceptable instruments of financial security, furnished by the Contractor and his/her surety in accordance with the Contract Documents. Change Order - A written order to the Contractor authorizing an addition, deletion or revision in the Work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time, issued on or after the Effective Date of the Contract for Construction. City or Owner - The City of Aspen in Pitkin County, Colorado. Contract - All contract documents attached to the Contract for Construction and made a part thereof as provided herein. Contract Documents - The Contract including Invitation to Bid, Instructions to Bidders, Bid Proposal, Addenda, General Conditions, Special Conditions, Contract for Construction, Bid Bond, Notice of Award, Payment, Performance, and Maintenance Bonds, Drawings identified in the Contract Documents or attached as part of the Bid, and Specifications identified in the invitation to Bid or attached as part of the Bid, Affidavit of Compliance form, Liquidated Damages form, Contractor’s License form, Daily Construction Log form, Progress Pay Estimate form, and Insurance Certificates. Contract for Construction - The written agreement between City and Contractor covering the Work to be performed. Contractor - The qualified responsible and responsive firm or corporation with whom the City has entered into the Contract for Construction. Contract Price - The moneys payable by the City to the Contractor under the Contract Documents as stated in the Contract for Construction (subject to the provisions of paragraph 11.4.), except for the Minor Contract Revisions item(s) which are subject to the City’s written authorization for expenditure. Contract Time - The number of the consecutive calendar days or the working days and/or the deadline set in the Contract Documents for the completion of the Work. Daily Construction Log - The form furnished by the City Engineering Department, used by the City Project Inspector to record the Contractor’s daily work quantities and project events. Daily construction log is the only verified justification for payment to the Contractor. Defective - An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to the Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by the City at Substantial Completion in accordance with paragraph 14.5 or 14.6). 50 GC1-971.doc - Page 7 City of Aspen - General Conditions for Construction Contracts Drawings - The part of the Contract Documents which show the character and scope of the Work to be performed and which have been prepared or approved by the Engineer. Effective Date of the Contract for Construction - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. Engineer - The person, firm, corporation or the City Engineer, named as such in the Contract Documents. Field Order - A written order affecting a change in the Work not involving an adjustment in the Contract Time, issued by the Engineer to the Contractor during construction. Hazardous Materials - The term "Hazardous Materials" shall have the meaning set forth at 42 U.S.C. ' 9601(14) and regulations promulgated pursuant thereto. Laws and Regulations; Laws or Regulations - Laws, rules regulations, ordinances, procurement code and/or orders. Notice of Award - The written notice by the City to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, the City will sign and deliver the Contract. Notice to Proceed - A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform Contractor's obligations under the Contract Documents. Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Procurement Code - Title 4 of the City of Aspen Municipal Code. Progress Pay Estimate - The form furnished by the City Engineering Department, which is to be used to record, approve, and process payment when the Contractor requests progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Project Inspector - The authorized Civil Engineer or Civil Engineering Technician, designated by the City Engineer to observe construction, materials placement and testing and to prepare the Daily Construction Logs and field reports. Punch List - A form or letter that lists all incomplete or deficient Bid items, and is prepared upon substantial completion of the Work by the City Project Inspector. Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules and other data which are specifically prepared by or for the Contractor and the sub-contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by the Contractor and the Sub-contractor to illustrate material or equipment for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor - A firm or corporation having a direct contract with the Contractor or with any other Sub-contractor for the performance of a part of the Work at the site. Substantial Completion - The Work (or a specified part thereof) has progressed to the point where, in the opinion of the Engineer as evidenced by the Engineer’s acceptance, is sufficiently complete, in accordance with the Contract 51 GC1-971.doc - Page 8 City of Aspen - General Conditions for Construction Contracts Documents, so that the Work can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. The term Substantial Completion shall mean one hundred percent (100%) completion of the Work. Special Conditions or Special Provisions - The part of the Contract Documents which amends or supplements these General Conditions. Supplier - A manufacturer, fabricator, supplier, distributor, material-man or vendor who supplies materials or equipment for the Work including that fabricated to a special design but who does not perform labor at the site. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services for materials; electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater and surface runoff removal, traffic or other control systems. Unit Price Work - Work to be paid for on the basis of unit prices. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents and those not specifically mentioned but necessary for successful completion of the Bid items. Written Notice or Written Notice of Amendment - A written amendment of the Contract Documents, signed by the City and the Contractor on or after the Effective Date of the Contract for Construction and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents ARTICLE 2 - PRELIMINARY MATTERS 2.1 Delivery of Bonds: When Contractor delivers the executed Contracts to the Purchasing Department, the Contractor shall also deliver such Bonds as the Contractor is be required to furnish in accordance with paragraph 5.1. 2.2 Copies of Documents: The City shall furnish to the Contractor up to three copies (unless otherwise specified in the Special Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. 2.3 Commencement of Contract Time, Notice to Proceed: Prior to the City issuing a Notice to Proceed, either the City Manager or the Mayor of the City of Aspen shall approve the Contract Documents and shall execute the same. Notwithstanding any representations to the contrary made by City’s employees, either directly, indirectly, or by implication, no Contract shall be in effect nor shall be binding upon the City until such time as the Contract is executed by the City pursuant to authority granted in accordance with Section 4-08-040 of the Procurement Code. The City shall issue a Notice to Proceed after either (a) the City Manager has executed the Contract, or (b) The City Council has authorized the execution of the Contract, and the Contractor has executed the Contract and other Contract Documents, and has delivered the specified bonds, Certificates of Insurance, as are required, and any other documents required to be delivered by the Special Conditions and Addenda(s) if any issued. The Contract Time will commence to run on the day indicated in the Notice to Proceed. 2.4 Starting the Project: 52 GC1-971.doc - Page 9 City of Aspen - General Conditions for Construction Contracts The Contractor shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run and prior to a mandatory pre- construction conference conducted by the City. 2.5 Before Starting the Project: Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The Contractor shall promptly report in writing to the Engineer any conflict, error or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from the Engineer before proceeding with any Work affected thereby. 2.5.1. Within Three Days after the Effective Date of the Contract (unless otherwise specified in the Special Conditions or General Requirements), the Contractor shall submit to the Project Manager for review: 2.5.1.1. An estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.5.1.2. A preliminary schedule of Shop Drawing submissions; and 2.5.1.3. Quality Control and Quality Assurance (QA/QC) plan and policy to identify the specific steps the Contractor will take to ensure the highest quality in the constructed Bid items. 2.5.1.4. A Work Zone Safety Implementation & Enforcement Plan with specific action process. 2.5.2. Before any Work at the site is started, the Contractor shall deliver to the City and Purchasing Officer, copies of certificates (and other evidence of insurance requested by the City) which the Contractor is required to purchase and maintain. 2.6 Pre-construction Conference: Within Seven (7) Consecutive Calendar Days after the Effective Date of the Bid Award, and before the Contractor starts the Work at the site, he/she and all of his/her sub-contractors and suppliers shall attend a mandatory pre-construction conference, conducted by the Engineer and others as appropriate to discuss coordination of construction activities, procedures for handling Shop Drawings and other issues, and to establish a working understanding among the parties as to the Work. 2.7 Project Progress Meetings The City and the Contractor shall meet once a week to review the construction activities, rate of progress, and other project related issues to ensure efficient and smooth progress of work. 53 GC1-971.doc - Page 10 City of Aspen - General Conditions for Construction Contracts ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Intent: The Contract Documents comprise the entire agreement between the City and the Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Colorado. 3.1.1. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Contract if there were no Bids) except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor or the Engineer, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer, or any of the Engineer’s consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 9. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer as provided in section 9.4. 3.1.2. If, during the performance of the Work, Contractor finds a conflict, error or discrepancy in the Contract Documents, the Contractor shall so report to the engineer and the City in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from the Engineer. 3.2 Amending and Supplementing Contract Documents: The contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.2.1. A formal Amendment of the Contract for Construction; 3.22 A Change Order pursuant to paragraph 10.3. As indicated in Article 11 Contract Price and Contract Time may only be changed by a Change Order or a Written Notice of Amendment. 3.2.3. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.2.3.1. A Field Order (pursuant to paragraph 9.5); 3.2.3.2. The Engineer’s approval of a Shop Drawing or sample (pursuant to paragraphs 6.18.5 and 6.18.6); or, 3.2.3.3. The Engineer’s written interpretation or clarification (pursuant to paragraph 9.4). 3.3 Reuse of Documents: Neither the Contractor nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the City shall have or acquire any title to or ownership rights in any of the design details, drawings or specifications. 3.4 Precedence of Contract Documents: 54 GC1-971.doc - Page 11 City of Aspen - General Conditions for Construction Contracts The Contract governs over the Contract Documents. A Change Order governs over all other Contract Documents impacted by change. The Special Conditions govern over the General Conditions. ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 4.1 Availability of Lands: The City shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto. The Contractor shall have full responsibility with respect to any conditions or provisions contained in applicable easements relating to the lands upon which the Work is to be performed. 4.2 Physical Conditions: 4.2.1. EXPLORATIONS AND REPORTS: Reference is made to the Special Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by the Engineer in preparation of the Contract Documents. The Contractor may reasonably rely upon the accuracy of the technical data contained in such reports, but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the Contractor's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6. the Contractor shall have full responsibility with respect to subsurface conditions at the site. Contractor shall not, by virtue of this paragraph, be relieved from exercising ordinary skill and competence with respect to reliance upon the accuracy of the technical data contained in such reports. 4.2.2. EXISTING STRUCTURES: Reference is made to the Special Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by the Engineer in preparation of the Contract Documents. The Contractor may reasonably rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for the Contractor's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6. the Contractor shall have full responsibility with respect to physical conditions in or relating to such structures. The Contractor shall not, by virtue of this paragraph, be relieved from exercising ordinary skill and competence with respect to reliance upon the accuracy of the technical data contained in such drawings. 4.2.3. REPORT OF DIFFERING CONDITIONS: If the Contractor believes that: 4.2.3.1. Any technical data on which the Contractor is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate; or 4.2.3.2. Any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or referred to in the Contract Documents, Then, the Contractor shall promptly, after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.22) notify the City and the Engineer in writing about the inaccuracy or difference. 4.2.4. ENGINEER’S REVIEW: The Engineer will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the City in writing (with a copy to the Contractor) of the Engineer's findings and conclusions. 4.2.5. POSSIBLE DOCUMENT CHANGE: If the Engineer concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.2.6. POSSIBLE PRICE AND TIME ADJUSTMENTS: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that 55 GC1-971.doc - Page 12 City of Aspen - General Conditions for Construction Contracts they are attributable to any such inaccuracy or difference as described in Section 4.2.3. The Contractor shall meet and obtain approval from the City Engineer or his/her designee prior to implementing any such change in the Work. 4.3 Physical Conditions - Underground Facilities: 4.3.1. SHOWN OR INDICATED: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to the City or the Engineer by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Special Conditions: 4.3.1.1. The City and the Engineer shall not be responsible for the accuracy or completeness of any such information or data; and, 4.3.1.2. The Contractor shall have full responsibility for determining the existence of all Underground Facilities, for reviewing and checking and potholing for all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and for repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price or approved as a Change Order. 4.3.2. NOT SHOWN OR INDICATED: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which Contractor could not reasonably have been expected to be aware of, Contractor shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.17.1), identify the owner of such Underground Facility and give written notice thereof to that owner and to the City and the Engineer. The Engineer will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.16.1. The Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and of which the Contractor could not reasonably have been expected to be aware of such Underground Facility and subject to acceptance and approval by the Engineer. 4.4 Reference Points: 4.4. The City shall provide engineering surveys to establish reference points for construction which in the Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or re-locations without the prior written approval of the City. The Contractor shall report to the Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by a Registered Professional Land Surveyor Licensed in the State of Colorado. 4.5 Protection and Restoration of Property and Landscape: 4.5.1. The Contractor shall be responsible for the preservation of all public and private property and shall protect carefully from disturbance or damage all land and property and shall protect carefully from disturbance or damage all land and monuments and property marks until the Engineer has witnessed or otherwise referenced their location and shall not remove them until directed. 4.5.2. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the Work, resulting from any act, omission, neglect, or misconduct in his manner or method of executing the Work, or at any time due to defective Work or materials, and said responsibility shall not be released until the project shall have been completed and accepted. 56 GC1-971.doc - Page 13 City of Aspen - General Conditions for Construction Contracts 4.5.3. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct by the Contractor in the execution of the Work, or in consequence of the non- execution thereof by the Contractor, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 4.5.4. State Highway 82 and the streets within the corporate limits of the City of Aspen are viewed by the City as a community asset which enhances the tourism industry. The City, therefore, desires to save all vegetation and other environmental features except for those which have been specifically identified for removal in the Contract Documents. 4.5.5. Materials storage, equipment parking, vehicle parking and stockpiling excavated materials shall be allowed only in those areas designated by the Engineer. 4.5.6. Specific areas of vegetation and other environmental features to be protected shall be staked, fenced, or otherwise marked in the field by the Engineer. However, the fact that areas of vegetation and other environmental features are not marked shall not necessarily mean that those items are expendable. The Contractor shall perform all his activities in such a manner that the least environmental damage shall result. Any questionable areas or items shall be brought to the attention of the Engineer for approval prior to removal or any damage activity. Damage or destruction of unmarked trees or shrubs which could reasonably have been saved shall therefore be subject to the provisions these General Conditions. 4.5.7. If the fence, staking or marking is knocked down or destroyed by the Contractor, the Architect shall suspend the Work in whole or in part, until the fence or other protection is repaired to the Engineer’s satisfaction at the Contractor's expense. Time lost due to such suspension shall not be considered a basis for adjustment of Contract Time or for compensation to the Contractor. 4.5.8. If the Contractor disturbs any of the landscape not called for removal, he/she shall restore those areas as directed at the Contractor's expense. 4.5.9. The City may require that the Contractor replant an area that is damaged. The Work shall be done as directed by the Engineer. If the Contractor is deemed to be responsible, then the replanting shall be done by the Contractor at his/her expense. If the City is responsible, the costs will be reimbursed on a minor contract revisions (MCR) basis unless existing cost proposal covers the Work. 4.5.10. With respect to replacement of trees and shrubs that have been damaged or destroyed, the following conditions shall apply: 4.5.10.1. Trees or shrubs of replaceable size shall be replaced by the Contractor at his/her expense. If he/she fails to do so within a reasonable length of time as determined by the Engineer and prior to the end of the contract time, the replacement value of the trees or shrubs will be deducted from any money due to the Contractor. These values shall be based upon averages derived from current prices of nurseries growing the plants, plus the cost for planting and a guarantee for the first growing season. 4.5.10.2. When trees or shrubs beyond replaceable size have been damaged or destroyed, the value of such trees or shrubs shall be calculated as per square yard of surface area measured at the ground level. 4.5.10.3. Any deduction assessed as liquidated damages under this section shall not relieve the Contractor from liability for any damages or costs resulting from delays to the City, traveling public or other contractors. 4.6 Hazardous Materials 4.6.1. Prior to commencement of any Work and as a condition precedent to payment by the City of any costs for it, the Contractor shall at no additional cost to the City conduct tests the Contractor deems necessary to determine the existence of Hazardous Materials by appropriately licensed Subcontractors or entities. The City shall reimburse the Contractor for the invoice costs of the tests, only in the event that the Contractor furnishes the City with certified test data and results which confirm the existence of Hazardous Materials. 57 GC1-971.doc - Page 14 City of Aspen - General Conditions for Construction Contracts 4.6.2. If Hazardous Materials are discovered on or under real property which is owned by the City before the date of Substantial Completion and Acceptance in accordance with Article 14 herein, which property is within the Project right- of-way, the City shall, upon the request of the Contractor, and at the City's sole cost and expense, cause any such Hazardous Materials to be encapsulated, treated or removed from such real property and transported for final disposal in accordance with all Laws and Regulations, and shall cause such real property to be restored to its condition existing prior to such removal (except for the absence of Hazardous Materials), including, to the extent required, any grading and reinforcement necessary to restore the weight-bearing capacity of such real property prior to such event. The City shall remove the Hazardous Materials and restore the real property in such a manner as not to interfere with the Contractor's construction or operation of the Project. 4.6.3. If Hazardous Materials are present on or under the Project right-of-way as a result of any discharge, dumping or spilling on the Project right-of-way during the term of the Contract by any party, including the Contractor, other than an agency of the executive branch of State or Federal Government, the Contractor shall at the Contractor's sole cost and expense, cause any such Hazardous Materials to be encapsulated, treated or removed from the Project right-of-way and transported for final disposal in accordance with all applicable Laws and Regulations, and shall cause the Project right- of-way to be restored to its condition existing prior to such removal (except for the absence of the Hazardous Materials), including, to the extent required, any grading and reinforcement necessary to restore the weight-bearing capacity of the Project right-of-way prior to such event. 4.6.4. The City shall not be responsible for the cost of and the removal or clean-up of Hazardous Materials found in any materials brought to the Project Site, after the Project Site is turned over to the Contractor. 4.6.5. The Contractor shall provide the Engineer with a written certification each time materials or equipment is brought onto the Work site that such materials or equipment do not contain Hazardous Materials. 4.6.6. The Contractor and the City shall cooperate with each other in the prosecution of any claim against or defense of any claims made by third parties in connection with Hazardous Materials present on the Project right-of-way or contiguous properties owed or controlled by the City. 4.7 Contractor Representations By executing the Contract, the Contractor represents that he/she has visited the site, familiarized him/herself with the local conditions under which the Work is to be performed (including weather conditions which can be expected), and correlated his observations with the requirements of the Contract Documents. ARTICLE 5 - BONDS, INDEMNIFICATION AND INSURANCE 5.1 Performance, Payment, and Maintenance Bonds: 5.1.1. Contractor shall furnish performance, payment, and maintenance Bonds, each in an amount specified in the Special Conditions as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. These Bonds shall remain in effect until the job is advertised and closed except for the Maintenance Bond which shall remain in full force and effect for Two Years from the date of project closure, except as otherwise provided by the Contract Documents. The Contractor shall also furnish such other Bonds as are required by the Special Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.1.2. If the surety on any Bond furnished by Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state or it ceases to meet the requirements of paragraph 5.1, Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to the City. 58 GC1-971.doc - Page 15 City of Aspen - General Conditions for Construction Contracts 5.2 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. 5.3 Contractor's Insurance: 5.3.1. 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 Section 5.2 above. 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 Section 5.2 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. 5.3.2. 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 Section 5.2 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. 5.3.2.1. 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. 5.3.2.2. 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. 5.3.2.3. 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 5.4.2.3 shall be met by each employee of the Contractor providing services to the City under this contract. 59 GC1-971.doc - Page 16 City of Aspen - General Conditions for Construction Contracts 5.3.2.3 Pollution Liability insurance with a minimum combined single limit for bodily injury, property damage, defense, and cleanup as a result of pollution conditions (sudden/accidental and gradual) arising from contracting operations performed by on behalf of the contractor of not less than TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. 5.3.2.4 Builder’s Risk insurance with a minimum combined single limit for all improvements above ground in the full contract value for those above ground improvements. 5.3.3. Except for any Professional 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. 5.3.4. The certificate of insurance provided by 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. 5.3.5 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 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 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 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 "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 agreement or thereafter. 5.3.6. 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 discretion City may procure or renew any such policy or any extended reporting period 60 GC1-971.doc - Page 17 City of Aspen - General Conditions for Construction Contracts 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. 5.3.7. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 5.4 City's Liability Insurance: 5.4.1. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverage offered by CIRSA. City shall provide Contractor reasonable notice of any changes in its membership or participation in CIRSA. 5.4.2. The parties hereto further 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 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. Further, nothing in the Contract Documents shall be construed or interpreted to require or provide for indemnification of the Contractor by the City for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of City or its agents or employees. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.1 General Responsibilities: 6.1.1. The Contractor shall perform all of the Work in conformance with the Contract Documents. 6.1.2. The Contractor covenants and warrants that it shall be responsible for performing the Work, and that it shall do or cause to be done the Work and services as required in the Contract Documents and any additional, collateral, and incidental Work and services as may be necessary in order to complete the Project in accordance with the requirements of the Contract Documents, shall be responsible for providing completed Work which meets the results required by the Contract Documents, and shall achieve Substantial Completion (100% of the Work) by the Contract Time. 6.1.3. Construction services shall be performed in accordance with those professional standards listed in the Special Conditions for quality and scope and shall be performed by the entities and persons, Subcontractors and specific personnel identified in the Contractor's Proposal in accordance with their respective degrees of participation provided and represented to City. Other construction services shall be performed by qualified construction Subcontractors and Suppliers, selected and paid by the Contractor. Nothing contained in the Contract Documents shall be construed to create any obligation or contractual liability running from the City to any of these persons or entities. 6.2 Supervision and Superintendence: 6.2.1. The Contractor shall supervise and direct the Work competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2.2. The Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to the City and the Engineer except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. 61 GC1-971.doc - Page 18 City of Aspen - General Conditions for Construction Contracts 6.3 Labor, Materials and Equipment: 6.3.1. The Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and the Contractor will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without the City's written consent given after prior written notice to the Engineer. 6.3.2. Unless otherwise specified in the Specific Conditions or Specific Provisions, the Contractor shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.3.3. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the Engineer, the Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the Engineer, or any of the Engineer’s consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10.1. or 9.10.2. 6.4 - 6.6 Reserved 6.7. Work Schedule: 6.7.1. The Contractor shall submit to the Engineer for acceptance such schedule of work progress reports, estimates, records, and other data as the City may require concerning work performed or to be performed. 6.7.2. Prior to beginning of Work and or before the Pre-construction Conference, the Contractor shall submit schedules showing the order in which he/she proposed to carry on the Work, including dates at which he/she will start the various parts of the Work, estimated date of completion of each part. 6.8 Substitutes of "or-equal" Items: 6.8.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by the engineer if sufficient information is submitted by the Contractor to allow the Engineer to determine that the material or equipment proposed is equivalent or equal to that named. The Engineer will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by the Engineer from anyone other than the Contractor. If the Contractor wishes to furnish or use a substitute item of material or equipment, the Contractor shall make written application to the Engineer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice the Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the City for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by Architect in evaluating the 62 GC1-971.doc - Page 19 City of Aspen - General Conditions for Construction Contracts proposed substitute. The Engineer may require the Contractor to furnish at Contractor's expense additional data about the proposed substitute. 6.8.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, the Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Engineer. The procedure for review by the Engineer shall be similar to that provided in paragraph 6.8.1. 6.8.3. The Engineer will be allowed a reasonable time within which to evaluate each proposed substitute. The Engineer will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without the Engineer’s prior written acceptance which will be evidenced by an approved Shop Drawing. The City may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Engineer will record time required by the Engineer and the Engineer’s consultants in evaluating substitutions proposed by the Contractor and in making changes in the Contract Documents occasioned thereby. Whether or not the Engineer accepts a proposed substitute, the Contractor shall reimburse the City for the charges of the Engineer and the Engineer’s consultants for evaluating each proposed substitute. 6.9 Subcontractors, Suppliers and Others: 6.9.1. The Contractor shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to the City and the Engineer as indicated in paragraph 6.9.2), whether initially or as a substitute, against whom the City or the Engineer may have reasonable objection. 6.9.2. If the Special Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to the City in advance of the specified date prior to the Effective Date of the Agreement for acceptance by the City and the Engineer and if the Contractor has submitted a list thereof in accordance with the Special Conditions, the City's or the Engineer’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case the Contractor shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Written Notice of Amendment signed. No acceptance by the City or the Engineer of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the City or the Engineer to reject Defective Work. 6.9.3. The Contractor shall be fully responsible to the City and the Engineer for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the City or the Engineer and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the City or the Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.9.4. The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.9.5. All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between the Contractor and the Subcontractor which specifically binds the Subcontractor to the Applicable terms and conditions of the Contract Documents for the benefit of the City and the Engineer and contain waiver provisions as required by Section 5.3. The Contractor shall pay each Subcontractor a just share of any insurance moneys received by the Contractor on account of losses. 6.10 Subcontracting and Percentage of Work Awarded to Subcontractor(s): 6.10.1. The Contractor may utilize the services of specialty Subcontractors on those parts of the Work, which under normal contracting practices, are performed by specialty Subcontractors. 63 GC1-971.doc - Page 20 City of Aspen - General Conditions for Construction Contracts 6.10.2 The Contractor shall not award Work to Subcontractor(s) in excess of forty nine percent (48%) of the Contract Price. This condition shall be a minimum standard for a qualified Prime Contractor to perform within the City rights of way. 6.11 Patent Fees and Royalties: The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. Contractor shall indemnify and hold harmless the City and the Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees and court costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. 6.12 Permits: Unless otherwise provided in the Special Conditions, the Contractor shall obtain and pay for all construction permits and licenses. The City shall assist the Contractor, when necessary, in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids on the Effective Date of the Contract. The Contractor shall pay all charges of utility City’s for connections to the Work, and the City shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.13 Laws and Regulations: 6.13.1. the Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither the City nor the Engineer shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations. 6.13.2. If the Contractor observes that the Specifications or Drawings are at variance with any Laws or Regulations, the Contractor shall give the Engineer prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If the Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, and without such notice to the Engineer, the Contractor shall bear all costs arising therefrom. 6.14 Taxes: The Contractor shall pay all existing and future applicable Federal, State and local sales, consumer, use and other similar taxes whether direct or indirect. Federal excise tax may not apply to materials purchased by the City. The Contract Price shall include all other Federal, State, and/or local direct or indirect taxes which do apply. The Contract Price shall include the cost of compliance with all other Federal Laws and Regulations at no additional cost to the City (except as provided in the Contract Documents). The Contractor shall not be reimbursed separately for any taxes which may apply except as provided in the Contract Documents and the Contractor shall be responsible for all taxes which may apply. The City is tax exempt from Federal Excise Tax under Chapter 32 of the Internal Revenue Code. The City is exempt from such taxes under registration numbers 98-02624. The Contractor and its Subcontractors shall apply to the Colorado Department of Revenue for a Certificate of Exemption indicating that the Contractor or Subcontractor's purchase of construction material or building materials is for use in a building, structure, or other public work owned and used by the City. 6.15 Use of Premises: 6.15.1. The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in, and permitted by, the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The Contractor shall assume full 64 GC1-971.doc - Page 21 City of Aspen - General Conditions for Construction Contracts responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the City or the Engineer by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by agreement or otherwise resolve the claim by law. The Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the City and the Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the City or the Engineer to the extent based on a claim arising out of the Contractor's performance of the Work. 6.15.2. During the progress of the Work, the Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by the City. The Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 6.15.3. The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.16 Record Documents: The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to the Engineer for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be delivered to the Engineer for the City. 6.17 Safety and Protection: 6.17.1. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.17.1.1. All employees on the Work and other persons and organizations who may be affected thereby; 6.17.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.17.1.3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road- ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.17.1.2 or 6.17.1.3 caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor. The Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and the Engineer has issued a notice to the City and the Contractor in accordance with Section 14.5 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 65 GC1-971.doc - Page 22 City of Aspen - General Conditions for Construction Contracts 6.17.2. The Contractor shall designate a person competent in OSHA safety related matters at the site at all times during construction whose duty shall be the prevention of accidents including confined space entry and work in the confined spaces. 6.18 Emergencies: In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer or the City, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Engineer determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written order will be issued to document the consequences of the changes or variations. 6.19 Shop Drawings and Samples: 6.19.1. After checking and verifying all field measurements and after complying with applicable procedures specified in the Contract Documents, the Contractor shall submit to the Engineer for review and approval in accordance with the approved schedule of Shop Drawing submissions prior to Pre-construction Conference, or for other appropriate action if so indicated in the Special Conditions, three (3) copies (unless otherwise specified) of all Shop Drawings, which will bear a stamp or specific written indication that the Contractor has satisfied the Contractor's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as the Engineer may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Engineer to review the information as required. 6.19.2. The Contractor shall also submit to the Engineer for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that the Contractor has satisfied the Contractor's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 6.19.3. Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto; and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.19.4. At the time of each submission, the Contractor shall give the Engineer specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Engineer for review and approval of each such variation. 6.19.5. The Engineer will review and approve with reasonable promptness Shop Drawings and samples, but the Engineer’s review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. The Contractor shall make corrections required by the Engineer, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. The Contractor shall direct specific attention in writing to revisions other than the corrections called for by the Engineer on previous submittals. 6.19.6. The Engineer's review and approval of Shop Drawings or samples shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents unless the Contractor has in writing called the Engineer’s attention to each such variation at the time of submission as required by paragraph 6.19.4 and the Engineer has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by the Engineer relieve the Contractor from 66 GC1-971.doc - Page 23 City of Aspen - General Conditions for Construction Contracts responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.19.3. 6.19.7. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to the Engineer’s review and approval of the pertinent submission will be the sole expense and responsibility of the Contractor. 6.20 Mechanics' Liens: 6.20.1. The Contractor covenants and agrees that, to the extent permitted by law, no claims or mechanics' liens against public funds (mechanic's liens) or claims of any kind, will be permitted to arise, be filed or maintained against the Project or any part of it, any interest in it or any improvements on it, against any moneys due or to become due from the City to the Contractor, for or on account of any work, labor, services, materials, equipment or other items performed or furnished for or in connection with the Project, and the Contractor for itself, its Subcontractors, laborers and material suppliers and employees does waive, release and relinquish these claims or liens and all rights to file or maintain these liens and agrees further that this waiver of liens and waiver of the right to file or maintain liens shall be independent covenant and shall apply also to work, labor, services performed, materials, equipment and other items furnished under any Change Order or supplemental agreement for extra or additional work in connection with the Project. The Contractor agrees to defend, indemnify, protect and save harmless the City from and against any and all claims or liens and actions brought or judgments rendered, and from and against any and all loss, damages, liability, costs and expenses, including legal fees and disbursements, which the City may sustain or incur in connection with the Project. 6.20.2. The Contractor also agrees as above for all of its Subcontractors, including but not limited to suppliers and employees. If any of the Contractor's Subcontractors, suppliers, employees or any other person directly or indirectly acting for, through or under its authority or any of them files or maintains a lien or claim as described above, the Contractor agrees to cause claims or liens to be satisfied, removed or discharged at its own expense by bond, payment or otherwise within thirty (30) consecutive calendar days from he date of the filing, and upon the Contractor's failure to do so the City shall have the right, in addition to all other rights and remedies provided under this Contract or by law, to cause the liens or claims to be satisfied, removed or discharged by whatever means the City chooses, at the entire cost and expense of the Contractor, the expense to include legal fees and disbursements. The Contractor shall give a copy of Claim Release form to all Subcontractors and suppliers and shall include these provisions in all written contracts with Subcontractors, or give written notice to all Subcontractors, suppliers or other persons having oral agreements with the Contractor. 6.20.3. The Contractor agrees that moneys received for the performance of this Contract shall be used first for payment due for labor, material, and services for the Project and taxes, and the moneys shall not be diverted to satisfy obligations of the Contractor on other accounts or contracts. The Contractor shall pay Subcontractors within Ten (10) consecutive calendar days of receipt of a progress payment from the City. The Contractor shall furnish sworn affidavits in accordance with the form furnished by the City, which shall state that amounts due or to become due, amounts paid, and any other information necessary to indicate the financial condition of the Contractor, insofar as it relates to services, labor and material furnished, and to be furnished, under this Contract. The City may take steps it may deem necessary to protect itself against any claims. 6.21 Continuing the Work: The Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted herein or as the Contractor and the City may otherwise agree in writing. 6.22 Contractor Facilities: All temporary contractor facilities shall be in accordance with regulations and codes governing such construction. The types of temporary construction facilities required for the Project may include, but are not necessarily limited to, the following: (a) job site office space, (b) construction water distribution, (c) temporary closures, (d) temporary heat, (e) hoists and temporary cranes, (f) temporary roads and paving, (g) construction aids and miscellaneous facilities, (h) temporary power distribution, (i) temporary lighting, (j) temporary toilet facilities. All operations of the Contractor, including storage of materials, upon the City's premises shall be confined to areas authorized or approved by Owner in 67 GC1-971.doc - Page 24 City of Aspen - General Conditions for Construction Contracts writing. Temporary buildings, storage sheds, shops, offices, may be erected by the Contractor only with the written approval of the City and shall be built or provided with labor and materials furnished by the Contractor without expense to the City. Such temporary buildings and utilities shall remain the property of the Contractor and shall be removed by it at its expense upon completion of the Work. ARTICLE 7 - OTHER WORK 7.1 Related Work at Site: 7.1.1. The City may perform other work related to the Project at the site by the City's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. The Contractor shall perform and coordinate his/her activities with other Contractors to avoid conflict and minimize disruptions. 7.1.2. The Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or the City if the City is performing the additional work with the City's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. The Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Architect and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of the Contractor in said direct contracts between the City and such utility owners and other contractors. 7.1.3. If any part of the Contractor's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or the City), the Contractor shall inspect and promptly report to the Engineer in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The Contractor's failure to report such conditions will constitute an acceptance of the other work as fit and proper for integration with the Contractor's Work except for latent or non-apparent defects and deficiencies in the other work. 7.2 Coordination: If the City contracts with others for the performance of other work on the Project at the site, the person or organization of the activities among the various prime contractors may be identified in the Special Conditions, and the specific matters to be covered by such authority and responsibility may be itemized, and the extent of such authority and responsibilities may be provided, in the Special Conditions. Unless otherwise provided in the Special Conditions, neither the City nor the Engineer shall have any authority or responsibility in respect of such coordination. ARTICLE 8 - CITY'S RESPONSIBILITIES 8.1. The City shall issue all communications to the Contractor through the Engineer or his/her designated person. 8.2. The City shall furnish the data required of the City under the Contract Documents promptly and shall make payments to the Contractor through processing of the monthly Progress Pay Estimate forms within 30 days from the cut- off date for a pay estimate form. 8.3. The City represents that an amount of money equal to the Contract Price has been duly appropriated in accordance with the Municipal Code of the City of Aspen, under a purchase order. The City shall not issue any Change Order or execute a Written Amendment requiring additional compensable work, which work causes the aggregate amount appropriated by the City, unless the Contractor is given a written assurance that a lawful appropriations to cover the costs of the additional work shall be made. 68 GC1-971.doc - Page 25 City of Aspen - General Conditions for Construction Contracts ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION 9.1 City's Representative: The Engineer shall be the City's representative during the construction period. The duties and responsibilities and the limitations of authority of the Engineer as the City's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of the City and the Engineer. 9.2 Visits to Site: The Engineer shall make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer shall make on-site inspections to observe the quality or quantity of the Work. The Engineer’s efforts will be directed toward providing for the City a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, the Engineer will keep the City informed of the progress of the Work and will endeavor to guard the City against defects and deficiencies in the Work. 9.3 Project Representation: If the City and the Engineer agree, the Engineer will furnish a Resident Project Representative to assist the Engineer in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be to ensure conformance of work with specifications provided in the Special Conditions. If the City designates another agent to represent the City at the site who is not the Engineer’s agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Special Conditions. 9.4 Clarification and Interpretations: The Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the Engineer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time, the Contractor shall meet with the Engineer and resolve the issue. All such requests or claims shall be submitted to the City Engineer. 9.5 Authorized Variations in Work and Minor Contract Revisions: The City Engineer may request or authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a written request or a field order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. If the Contractor believes that a field order justifies an extension of the Contract Time and the parties are unable to agree as to the extent thereof, the Contractor may make a claim therefor as provided herein. 9.6 Rejecting Defective Work: The Engineer will have authority to disapprove or reject Work which the Engineer believes to be Defective, and will also have authority to require special inspection or testing of the Work as provided herein below, whether or not the Work is fabricated, installed or completed. 9.7. Shop Drawings, Change Orders and Payments: 9.7.1. In connection with the Engineer’s responsibility for Shop Drawings and samples, see paragraphs 6.19.1. through 6.20.1. inclusive. 9.7.2. In connection with the Engineer’s responsibilities as to Change Orders, see Article 10 and Article 11. 69 GC1-971.doc - Page 26 City of Aspen - General Conditions for Construction Contracts 9.7.3. In connection with the Engineer’s responsibilities in respect of request for Payment, etc., see Article 14. 9.8 Decisions on Disputes: 9.8.1. The Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters raised by Contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect to changes in the Contract Price or Contract Time shall be referred initially to the Engineer in writing with a request for a formal decision in accordance with this paragraph, which the Engineer will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter by the Contractor will be delivered to the Engineer promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to the Engineer and the City within sixty days after such occurrence unless the Engineer allows an additional period of time to ascertain more accurate data in support of the claim. 9.8.2. The rendering of a decision by the Engineer pursuant to paragraph 9.8.1. with respect to any such claim, dispute or other matter shall be a condition precedent to any exercise by the Contractor of such rights or remedies as the Contractor may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. The City shall not be bound by any initial interpretation by the Engineer of the requirements of the Contract Documents, judgment on the acceptability of the Work thereunder, or formal decision made by the Engineer in accordance with paragraph 9.8.1. Any dispute not resolved by the initial decision of the Engineer shall be decided by the City, who shall reduce the decision in writing and furnish a copy thereof to the Contractor and the Engineer. The decision of the City shall be final subject to review by the Pitkin County District Court in Pitkin County, Colorado. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Work and in accordance with the Engineer’s interpretation. 9.9 Reserved 9.10 Limitations on Engineer’s Responsibilities: 9.10.1. Neither the Engineer’s authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by the Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the Engineer to the Contractor, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 9.10.2. Whenever in the Contract Documents the terms “as ordered”, “as directed”, “as required”, “as allowed”, “as approved” or terms of like effect or import are used, or the adjectives “reasonable”, “suitable”, “acceptable”, “proper” or “satisfactory” or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of the Engineer as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to the Engineer any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the Contract Documents. ARTICLE 10 – CHANGES IN THE WORK 10.1 City Initiated Changes 10.1.1. The City may require, without notification to sureties, the Contractor to perform changes, additions or deletions to the Work at anytime after execution of the Contract without invalidating the Contract. Changes shall be accomplished as set forth in Section 3.2, above. 10.1.2. The Contractor shall promptly perform changes in the Work in accordance with applicable provisions of the Contract Documents, unless otherwise provided in a Change Order or Amendment to the Contract for Construction. 70 GC1-971.doc - Page 27 City of Aspen - General Conditions for Construction Contracts 10.1.3. The following procedure shall be followed for the City notifying the Contractor of proposed City initiated changes. The Engineer shall issue a notice informing the Contractor of a planned change in the Work and its scope, and requesting the Contractor’s detailed price proposal. The Contractor, at no expense to the City, shall submit a priced proposal for performing the proposed change in the Work. The Contractor, within Ten (10) consecutive calendar days after receiving the Notice of Change, or such longer time which the Engineer in his/her discretion has granted, shall provide the Engineer with a complete and itemized proposal which includes the estimated increase or decrease in the Contract Price and/or in the Contract Time attributable to the planned changes on the criteria and methods described in Article 11. The Contractor shall be responsible for delays to the Work and any additional costs incurred by the City caused by its failure to submit complete pricing information within the time provided above. The Contractor shall participate with the City in prompt joint analysis and negotiations to finalize a Change Order, if necessary. 10.2 Written Notice of Change 10.2.1. A Written Notice of Change may be used when: a) The City determines that the Contractor must proceed immediately to perform a change in the Work in order to avoid an adverse impact on the schedule or other unchanged Work, and sufficient time is not available to negotiate an adjustment to the Contract Price or Contract Time; or b) The City and Contractor have not completed their negotiation and reached agreement on all of the terms of a Change Order, but the City requires the Contractor to proceed without such agreement. 10.2.2. Upon receipt of a Written Notice of Change the Contractor shall promptly proceed with performing the change in the Work. Additionally, the Contractor shall comply with all the requirements of 10.3 of these General Conditions. 10.3 Change Order When the Contractor and the City reach agreement on the adjustments to the Contract Price and/or Contract Time, such agreements shall be promptly recorded in an executed Change Order. 10.4 Contractor Change Request 10.41. If the Contractor: (i) receives any oral or written instructions, directives or interpretations of Contract Documents, or determinations from the Engineer or, (ii) identifies what it believes are design errors or omissions in the Contract Drawings or Specifications, or (iii) encounters a differing site condition; or, (iv) is delayed in the progress of the Work; or, (v) becomes aware of any other matter or circumstance which it believes would require a change in the Contract Price or Contract Time, the Contractor shall give the Engineer prompt written notice of such matters in a letter or notice denominated “Contractor Change Request”. 10.4.2. All Contractor Change Requests shall be dated, numbered sequentially, and shall describe the action or event which the Contractor believes may require an extension in time or price. The Contractor shall also provide descriptions of possible Contractor actions or solutions to minimize the cost of the Contractor Change Request and, provide an estimate of the adjustment in the Contract Price and/or Contract Time which it believes is appropriate. 10.4.3. With respect to orders, instructions, directives, interpretations, determinations, or the discovery of any errors or omissions in the Contract Documents, a Contractor Change Request shall be submitted before the Contractor acts on them, but in no event more than Ten (10) consecutive calendar days after they were received or discovered. 10.8.4. With respect to any differing site conditions, a Contractor Change Request shall be submitted before the conditions are disturbed, but in no event more than Ten (10) consecutive calendar days after the conditions are first discovered. 71 GC1-971.doc - Page 28 City of Aspen - General Conditions for Construction Contracts 10.4.5. With respect to delays, a Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the delay, but in no event more than Ten (10) consecutive calendar days therefrom. 10.8.6. With respect to any matters or circumstance which the Contractor believes would require a change, including delays, a Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the matter or circumstance, but in no event more than Ten (10) consecutive calendar days after the Contractor becomes aware of such circumstance or matter. 10.5 Down Time: The Contractor may be granted time extension for down time. No other compensation of any kind shall be made to the Contractor for down time. Equipment failure, lack of adequate labor or tools or materials to perform the Work shall not constitute down time. 10.6 Submittal Requirements and Waiver of Claims 10.6.1. If the Contractor does not submit a Contractor Change Request within the time required above, any action by the Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or other matter, including delays or differing site conditions, will not be considered by the City as a change to the Work and the Contractor waives any claim for an adjustment on the Contract Price or the Contract Time. 10.6.2. The Contractor shall, within Ten (10) consecutive calendar days submit in detail, a Contractor Change Request, and provide the Engineer a complete and itemized proposal which contains the information described in Article 11. The proposal shall also contain a detailed explanation, citing all applicable provisions in the Contract Documents, which supports the Contractor Change Request. If the Contractor does not submit its itemized proposal within the time described above or within such extension which the Engineer, in his/her discretion may have granted in writing, it waives any claim for an adjustment in the Contract Price or Contract Time arising out of the act or event described in the Contract Change Request. 10.6.3. If a Contractor Change Request is denied by the Engineer, in whole or in part, any claim for an increase in the Contract Price or Contract Time arising out of the act or event described in the Contractor Change Request is waived unless the Contractor timely complies with the provisions of paragraphs 10.4.1. through 10.4.6. ARTICLE 11. CHANGE OF CONTRACT PRICE OR CONTRACT TIME 11.1 Contract Price Adjustments. All adjustments to the Contract Price shall be determined by using one or more of the following methods: 11.1.1 A negotiated lump sum for work items that cannot be itemized. The Contractor shall promptly provide suffi- cient substantiating data, including calculations, measurements, cost records, production rates, equipment types and capacity, labor costs by craft and other information which the City may reasonably require the Contractor to produce in order to permit the City to evaluate the Contractor's lump sum change order proposals. In pricing this proposal, the Contractor shall include estimates of the type of costs described in Section 11.4 below. 11.1.2 Unit prices stated in the Contract Documents or subsequently agreed upon multiplied by final verified quanti- ties of work performed; 11.1.3 Cost to be determined in a manner agreed upon by the parties which includes markups that do not exceed those set forth in Section 11.4 below. 11.1.4 Costs to be determined in the manner described in Section 11.3.1. 11.2 Contract Time Adjustments. 72 GC1-971.doc - Page 29 City of Aspen - General Conditions for Construction Contracts 11.2.1. Any extension of the Contract Time must be requested in a Contractor Change Request which complies with all of the requirements of paragraphs 10.4.1 through 10.4.6. Failure to strictly comply with the timing and submittal requirements shall constitute a waiver of any request or claim. 11.2.2. If the Contractor is delayed at any time in the progress of the Work and such delay was caused, in whole or in part, by the act or omission of the City, or by changes ordered in the Work pursuant to strikes, lockouts, fire, unusual delay by common carriers, unavoidable casualties, or any other causes beyond the Contractor's control, then the Contract Time shall be extended by the City. Such extensions will be for a period of time as the City may in its discretion determine, provided however that such delay could not have been avoided by the exercise of due diligence by the Contractor and did not result from the acts or omissions of the Contractor and, provided further, that they Contractor has taken reasonable actions to mitigate or prevent further delays resulting from such causes. 11.2.3. If abnormal weather conditions are the basis for a claim for an extension of the Contract Time, such claim shall be documented on the City of Aspen Engineering Department’s Daily Construction Log forms substantiating that weather conditions were unusually severe for the period of time, and could not have been reasonably anticipated. Regardless of actual weather conditions, any day in which the Contractor is able to work Sixty Percent (60%) or more of its scheduled work force shall not be counted as an abnormal weather day for purposes of calculating weather related time extensions. 11.2.4. The Contractor agrees that delays resulting from any causes other than acts or omissions of the City, its employees, agents or officials shall be considered fully compensated by a time extension only and agrees to make no claim for monetary damages for such delays. In no event shall the Contractor be entitled to recover any delay costs caused by the acts or omissions of the Contractor, its employees or agents. 11.2.5. If the Contractor believes that it has suffered delays in performing the Work that are caused by acts or omissions of the City, the Contractor may submit a Contractor Change Request with detailed justifications acceptable to the Engineer. Failure of the Contractor to comply with all requirements shall constitute a waiver of any claim for damages resulting from such delays. 11.3 Force Account Work. 11.3.1 In situations where the cost or time for performing a required change cannot be adequately defined or agreed upon but the changed Work must proceed, the City may direct the Contractor to perform the Work on a Force Account basis. Adjustment shall be determined on the basis of reasonable expenditures and savings of those performing the change in the Work including, in case of an increase in the Contract Amount, an allowance for overhead and profit which shall not exceed the allowance described in 11.4.7 below. In such case, the Contractor shall keep and present, in such form as the City may prescribe, an itemized detailed accounting together with appropriate supporting data of all of the costs described in Section 11.4.1 through Section 11.4.4 which clearly distinguishes the cost of changed Work from base contract Work. Information that shall be required on these forms includes an itemization of all costs for labor, materials and equipment rental and total costs to date for force account work. The Contractor shall include hours worked, rates of pay, names and job classifications for all workers and size, type, identification number, rental rate and hours of operation for equipment. 11.3.2 Unless otherwise provided in the Contract Documents, costs for the purposes of Force Account Work shall be itemized daily on Daily Force Account Forms provided by the Engineer which are signed by the Contractor and the Engineer. Such costs shall form the basis for determining the maximum amount to be paid the Contractor, but this amount may be reduced where necessary to take into account the cost of base contract Work, Work included in approved Change Orders, Work described in Work Directive Changes, idle time for workers and/or equipment when work could have been performed in other locations or the number of workers or amount of equipment provided exceeds the number or amount required to perform the Work, unsatisfactory Work or Work which may be performed concurrently with the changed Work and which cannot be easily segregated from the changed Work. The worker hours, equipment hours, and materials installed shall be logged on the City of Aspen Engineering Department’s Daily Construction Log form for every day the work is performed. 73 GC1-971.doc - Page 30 City of Aspen - General Conditions for Construction Contracts 11.4 Contract Sum Determination 11.4 In no event shall the charge or credit to the City associated with any change exceed the sum of the following: 11.4.1 Direct Labor. Actual net direct increase or decrease in the cost of the Contractor's labor for all work associated with the change. Contractor's labor shall be limited to Davis-Bacon Act work categories or other labor (including salaried field personnel) that perform the individual change in Work full-time. For shop work, the direct labor includes workers who work directly on the item being manufactured or operators of equipment being used to handle items being manufactured. 11.4.2 Labor Burden. Contractor's actual costs for workers compensation and liability insurance, payroll taxes, social security and employees fringe benefits (including employer paid health insurance) imposed on the basis of payrolls. This burden must reflect the variability of some burdens, i.e., social security. The burden shall include all small tools which cost less than $200 apiece. 11.4.3 Direct Material, Supplies, Installed Equipment. Actual net direct cost of materials, supplies and equipment incorporated in or consumed by the Work. If actual costs are not available, the cost shall be the lowest commercially available price including all discounts and rebates and all applicable taxes. Cost shall be based on buying the material, supplies and equipment in the largest practical quantity to receive quantity discounts. 11.4.4 Equipment. Actual net cost to the Contractor of owned and/or rented equipment other than small tools, to be determined using the following method(s): (1) Owned equipment operating costs shall be determined using accepted industry standard forms and methods for "Owning and Operating Equipment" as described by the U.S. Army Corps of Engineers (COE) in its latest edition of the "Construction Equipment Ownership and Operating Expense Schedule, Region V" (Document No. EP 1110-1-8, Volume 5). (2) Rental equipment costs shall be determined using actual invoiced rates less all discounts for bare equipment rental. Operating costs will be determined based on rates in the above-cited C.O.E. manual. (3) Mobilization/demobilization costs will be paid if the equipment is mobilized exclusively for Work described in a change requested by the Engineer or a Change Order. If the equipment is used on base contract work, no mobilization or demobilization cost will be paid. Mobilization/demobilization cost will be based on using the least expensive means to mobilize or demobilize. Equipment shall be obtained from the nearest available source. When the least expensive methods are used, then costs shown in the actual invoice will be the basis for pricing. 11.4.5 Bonds, Insurance, Permits and Taxes. Actual increases or decreases in the cost of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work. 11.4.6 Subcontract Costs. Net cost of subcontractor work at any tier, provided that the cost of the subcontractor is determined in accordance with the above requirements. When possible, the Contractor shall obtain quotes from two or more subcontractors. 11.4.7 Overhead and Profit. (1) Ten percent (10%) of the sum of Section 11.4.1 through Section 11.4.5 above, to cover a profit for Work performed by that Contractor or subcontractor. (2) Two percent (2%) of Section 11.4.6 above to cover Contractor's and subcontractor's overhead and profit for work performed by the Contractor or subcontractor. 74 GC1-971.doc - Page 31 City of Aspen - General Conditions for Construction Contracts (3) Neither the Contractor nor any subcontractor, nor the City in the case of a credit, will attempt to apply these percentage adjustments in a way which would pyramid either the cost or credit because a subcontractor or subcontractors at any tier are involved. 11.4.8 Totals as Equitable Adjustment. The Contractor agrees that the total of the above constitutes an equitable adjustment for any and all damages resulting from a change or due to delay or disruption caused by the City. The Contractor’s choice of idling and Down Time shall not constitute an City’s cause for delay or disruption. 11.5 Cost and Pricing Data 11.5.1 Certificate of Current Cost or Pricing Data. The Contractor shall submit a Certificate of Current Cost or Pricing Data with any agreed upon Contract Price adjustment, but prior to the execution of a Change Order for the work, in the following format: Certificate of Current Cost and Pricing Data This is to certify that, to the best of my knowledge and belief, the cost of pricing data submitted in writing to the City in support of * are accurate, complete, and current as of ** and represent the best prices available from suppliers and subcontractors. This certification includes the cost of pricing data sup- porting any advance agreements and forward pricing rate agreements between the offer or and the City that are part of the proposal. Firm Name Title Date * Identify the appropriate number of the Change Notice. ** Date when pricing negotiations were concluded and price agreement was reached. *** Date of signing, which should be as close as practicable to the date when the price negotiations were concluded and price agreement reached. 11.5.2 Vendor Statements. The Contractor shall submit in support of all items which are not unit prices or lump sum prices established by the Contract, statements by the affected vendors that the prices are not in excess of those previously charged to the City or the supplier's regular commercial customers for the same items. 11.5.3 Price Reductions for Defective Costs or Pricing Data. If it is later determined that pricing adjustments to the Contract were not correct due to incomplete or inaccurate pricing data by the Contractor or any subcontractor or supplier or that lower prices were readily available, the price shall be reduced accordingly and the Contract modified by a Change Order. 11.6 Variation in Quantity of Unit Priced Items: Where the quantity of a unit-priced item in this Contract is an estimated quantity and the actual quantity of the unit- priced item varies more than 25 percent above or below the estimated quantity, an equitable adjustment in the Contract Price may be made by a written Change approved by the Contractor and the Engineer. The equitable adjustment shall be based upon any increase or decrease in cost due solely to the variation above 125 percent or below 75 percent of the estimated quantity. The City at any time after the award of the Contract, may delete Bid items, provided that the total of such deletions does not exceed twenty five percent (25%) of the total Contract Price, and such deletions will not justify an increase in other Bid prices. If the quantity variation is such as to cause an increase in the time necessary for completing the Work the Contractor may request in writing, an extension of time only. 75 GC1-971.doc - Page 32 City of Aspen - General Conditions for Construction Contracts ARTICLE 12 - Reserved ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 Warranty: 13.1.1. The Contractor warrants and guarantees to City that all Work, whether supplied, furnished, installed, provided, or performed by Contractor, a Subcontractor, or Supplier, will be in accordance with the Contract Documents and will not be Defective. All Defective Work, whether or not in place, must be rejected, corrected or accepted as provided in this Article 13. Work shall be performed in a skillful and workmanlike manner. Except where longer periods of warranty are indicated for certain items, Contractor warrants Work, whether furnished, installed, provided, performed or supplied by Contractor, a Subcontractor or Supplier, to be free from faulty materials and workmanship for a period of not less than One Year from date of Substantial Completion, which One Year period shall be covered by the Maintenance Bond and Payment Bond as specified in the Contract Documents. Landscaping replacement shall be warranted for two growing seasons. 13.1.2. The Contractor, at no additional expense to the City, shall remedy damage to equipment, the site, or the buildings or the contents thereof that is the result of any failure or defect in the Work, and restore any work damaged in fulfilling the requirements of the Contract Documents. 13.1.3. With respect to all warranties, express or implied, from Subcontractors, manufacturers, or Suppliers for Work performed and materials furnished under the Agreement, the Contractor shall: 13.1.3.1. Obtain all warranties that would be given in normal commercial practice. To the extent that the Subcontractor's, manufacturer's, or Supplier's, standard warranty exceeds the minimum City requirements as set forth in this Article or elsewhere in the Contract Documents, the Subcontractor's, manufacturer's, or Supplier's standard warranty shall apply. Otherwise, the Contractor shall be responsible for a Two Year term under the Maintenance Bond. 13.1.3.2. Require all warranties to be executed, in writing, for the benefit of the City, if directed by the Engineer or. 13.1.3.3. Enforce all warranties for the benefit of the City, if directed by the Engineer. 13.1.3.4. Assign all warranties and guarantees in writing to the City upon the request of the City. 13.1.4. Notwithstanding anything to the contrary above, the Contractor shall warrant that all equipment which are incorporated into the Work or any subsystem shall be new, free from liens and defects in design, have clear title, be free from faulty materials and workmanship, and shall conform in all aspects to the terms of the Contract Documents, to the drawings issued for manufacture by the Contractor, and shall be in conformance with the Technical Specifications and Contractor's Proposal (except in those instances where the Contractor's Proposal has been amended by subsequent Technical Specifications). Unless the warranty period is otherwise extended or modified, the following warranty shall apply. If within Five (5) Years from the date each piece of equipment incorporated into the Work or any subsystem is accepted by the City, it appears that the equipment or any part thereof does not conform to the above warranty and guarantee provisions, and the City so notifies the Contractor within a reasonable time after its discovery, the Contractor shall thereupon promptly correct such nonconformity to the satisfaction of the City, at the Contractor's sole expense; failing which the City may reject the item and cover by purchasing substitute items or the City may proceed to make corrections or accomplish the Contractor's performance by the most expeditious means available, the cost of cover or correction shall be charged to the Contractor. 13.1.4.1. The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such equipment shall conform with the requirements of the Contract Documents. 76 GC1-971.doc - Page 33 City of Aspen - General Conditions for Construction Contracts 13.1.4.2. When return, corrections, or replacement is required, transportation charges and responsibility for the supplies and equipment while in transit shall be borne by the Contractor. 13.1.5. In addition to the foregoing, in the event that any single component in the Work experiences failures during the warranty period such that the number of failures under normal service conditions exceeds ten percent (10%) of the Work population of that component, the Contractor shall perform a design defects analysis. If the analysis shows the component design to be defective, the component shall be redesigned, and the entire population of that component shall be replaced and/or retrofitted. 13.1.6. Whenever there is a conflict between the warranties required by the Contract Documents and the warranty provided by a Subcontractor, manufacturer or Supplier, the terms and conditions of the warranty that affords the City the greatest protection shall be binding upon the Contractor. 13.1.7. The above warranties or other warranties agreed to by Contractor shall not limit the City's rights under other provisions of this Article with respect to latent defects, gross mistakes, or fraud. 13.1.8. Neither the foregoing nor any provision in the Contract Documents, nor any special guarantee time limit, shall be held to limit the Contractor's liability for defects, to less than the legal limit of liability in accordance with the law of the place of building. 13.1.9. Any supplies or equipment, or parts thereof, corrected or furnished in replacement under this Article, shall also be subject to the terms of the warranty provisions herein to the same extent as supplies and equipment initially delivered. The warranty, with respect to supplies, equipment, or parts thereof, shall be equal in duration as if initially delivered and shall run from the date of delivery of the corrected or replaced supply, or upon the date it is placed in service, whichever is later. 13.2 Access to Work: The Engineer and the Engineer’s representatives, other representatives of the City, testing agencies and governmental agencies with jurisdictional interests shall have access to the Work, at any time for their observation, inspecting and testing. Contractor shall provide proper and safe conditions for such access. 13.3 Tests and Inspections: 13.3.1. The Contractor shall cooperate with material testing persons and firms, and for required inspections, and compliance and approval tests for the Work performed by the Contractor or his/her Subcontractor(s). 13.3.2. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish the Engineer the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or Re-testing required in connection with the City’s or the Engineer’s acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to The Contractor's purchase thereof for incorporation in the Work. The cost of all inspections, testing, re-testing and approvals in addition to the above that are required by the Contract Documents shall be paid by the Contractor (unless otherwise specified). The City will conduct and pay for the conformance tests on materials installed in-place, and the Contractor shall pay for re-testing of all failing and non- conforming materials thereafter. 13.3.3. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by professional firms or certified materials laboratories acceptable to the Engineer. 13.3.4. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of the Engineer, it must, be uncovered for observation. Such uncovering and testing when required by the Engineer shall be at the Contractor's expense. 77 GC1-971.doc - Page 34 City of Aspen - General Conditions for Construction Contracts 13.3.5. Neither observations by the Engineer nor inspections, tests or approvals by others shall relieve the Contractor from the Contractor's obligations to perform the Work in accordance with the Contract Documents. 13.4 Uncovering Work: 13.4.1. If any Work is covered contrary to the written request of the Engineer it must, if requested by the Engineer, be uncovered for the Engineer’s observation and replaced at the Contractor's expense. 13.4.2. If the Engineer considers it necessary or advisable that covered Work be observed by the Engineer or inspected or tested by others, the Contractor, at the Engineer’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, the Contractor shall bear all direct; indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and the City shall be entitled to an appropriate decrease in the Contract Price. 13.5 City May Stop The Work: If the Work is defective, or the Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. 13.6 Correction or Removal of Defective Work: If required by the Engineer or the City, the Contractor shall promptly, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by the Engineer or the City, remove it from the site and replace it with non-defective Work. The Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 13.7 Correction Period: If within Two Years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be Defective, the Contractor shall promptly without cost to City and in accordance with City's written instructions, either correct such Defective Work, or, if it has been rejected by City, remove it from the site and replace it with non-defective Work. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the Defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. In special circumstances where a particular item of equipment or portion of Work is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Landscaping replacement shall be warranted for two growing season. 13.8 Acceptance of Defective Work: If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept it, the City may do so. The Contractor shall bear all direct, indirect and consequential costs attributable to the City's evaluation of and determination to accept such Defective Work. All accepted defective Work shall be subject to significant price reduction acceptable to the City and the City Engineer. 78 GC1-971.doc - Page 35 City of Aspen - General Conditions for Construction Contracts 13.9 City May Correct Defective Work: If the Contractor fails within Ten (10) consecutive calendar days after written notice of the Engineer or the City to proceed to correct and to correct Defective Work or to remove and replace rejected Work as required by the Engineer or the City in accordance with paragraph 13.6., or if the Contractor fails to perform the Work in accordance with the Contract Documents, or if the Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven days' written notice to the Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the City shall proceed expeditiously to the extent necessary to complete corrective and remedial action. The City may exclude the Contractor from all or part of the site, take possession of all or part of the Work, and suspend the Contractor's services related thereto, take possession of the Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere. The Contractor shall allow the City, the City's representatives, agents and employees such access to the site as may be necessary to enable the City to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the City in exercising such rights and remedies will be charged against the Contractor, and a Change Order will be issued by the City incorporating the necessary revisions in the Contract Price. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's Defective Work. The Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the City of the City's rights and remedies hereunder. 13.10 Unauthorized Work: Work performed beyond the lines and grades on the Drawings or approved Design Documents, Construction Documents or Shop Drawings and extra work done without written authorization, will be considered as unauthorized work, and the Contractor will receive no compensation therefore. If required by the City, unauthorized work will be remedied, removed, or replaced by the Contractor at the Contractor's expense. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Determination of Work Value: The Work quantities recorded on the City of Aspen Engineering Department’s Daily Construction Log forms shall serve as the basis for preparation and justification of the progress payments. Payments to the Contractor shall be prepared on the City of Aspen Engineering Department’s Progress Pay Estimate Form on account of Unit Price Work based on the number of units actually installed complete in place and transferred from the Daily Construction Logs. 14.2 Application for Progress Payment: 14.2.1. Progress payments shall be made once each month as the Work progresses, when the Contractor is performing satisfactorily under the terms of the Contract Documents. Said payments shall be based upon progress estimates prepared by the Engineer, of the value of work performed and materials placed in accordance with the Contract Documents and the value of materials on hand in accordance with these General Conditions. The amount of the progress estimate to be paid to the Contractor shall be subject to the following: 14.2.1.1 STANDARD RETAINMENT. The City shall make a deduction from the progress estimate in the amount considered necessary to protect the interests of the City, pursuant to Section 24-91-103, CRS. That amount to be retained shall be as follows: for contract price over $150,000.00 the retained amount shall be 5% of the value of the completed work. No further retainment shall be withheld if the Contractor makes satisfactory progress in the Contract Work. The amount retained shall be in effect until such time as final payment is made, with the following exceptions: a) When one hundred Percent (100%) of the Work has been complete, the Project Manager may, at his/her discretion, reduce the retained amount by fifty percent (50%) of the required retainage. 79 GC1-971.doc - Page 36 City of Aspen - General Conditions for Construction Contracts b) Upon one hundred percent (100%) completion and acceptance of the project, the Project Manager may reduce the retainment to fifty percent of the required retainage. In addition to standard retainment, the City shall withhold funds for claims against the Contractor filed by Subcontractors and Suppliers, pursuant to Section 38- 26-107, CRS. 14.2.2. NO PAYMENT. A progress payment shall not be made when the total value of the work done since the last estimate amounts is less than $500.00. 14.2.3. LUMP SUM ITEMS. All lump sum Bid items shall be paid on a pro-rata basis determined by the percentage of the total Work completed or if the Bid item is installed or completed One Hundred Percent (100%) in place and accepted by the Engineer. 14.2.4. SUBCONTRACTOR PAYMENTS. In addition to the other requirements regarding subcontracting the Work, the Contractor is responsible for prompt payments to all Subcontractors. As a minimum, the Contractor is responsible for prompt payments to all Subcontractors. As a minimum, the Contractor shall incorporate provisions in all subcontracts to satisfy the following requirements: 14.2.4.1. The Contractor shall make payments to all Subcontractors at least once each month as the Work progresses, when the Subcontractor is performing satisfactorily under the terms of the Contract Documents between the Contractor and Subcontractor; 14.2.4.2. Payments to Subcontractors shall be based on all moneys due the Subcontractor under the terms of the contract between the Contractor and Subcontractor; The Contractor shall make payments to Subcontractors within 10 days of receipt of the City's payment to the Contractor; Subcontractors and lower tier subcontractors shall make payments to their subcontractors, according to the requirements above and shall make payments within 10 days of receipt of payment from the next higher tier. 14.3 Contractor's Warranty of Title: The Contractor warrants and guarantees that title to all Work, materials and equipment covered by any progress pay estimate approved for Payment, whether incorporated in the Project or not, will pass to the City no later than the time of payment free and clear of all Liens. 14.4 Engineer’s Review of Progress Payments. 14.4.1. The Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by the Engineer to the City, based on the Engineer’s on-site observations of the Work in progress and on the Engineer’s review of the pay estimate form and the accompanying data and schedules that the Work has progressed to the point indicated; that to the best of the Engineer’s knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work in the Bid Proposal form, and to any other qualifications stated in the recommendation); and that the Contractor is entitled to payment of the amount recommended. However, by recommending any such payment the Engineer will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to the Engineer in the Contract Documents or that there may not be other matters or issues between the parties that might entitle the Contractor to be paid additionally by the City or the City to withhold payment to Contractor. 14.4.2. The Engineer may refuse to recommend the whole or any part of any payment if, in the Engineer’s opinion, it would be incorrect to make such representations to the City. The Engineer may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any 80 GC1-971.doc - Page 37 City of Aspen - General Conditions for Construction Contracts such payment previously recommended, to such extent as may be necessary in the Engineer’s opinion to protect the City from loss because: 14.4.2.1. The Work is Defective, or completed Work has been damaged requiring correction or replacement; 14.4.2.2. The Contract Price has been reduced by Written Amendment or Change Order; 14.4.2.3. The City has been required to correct Defective Work or complete Work in accordance with paragraph 13.9.; or, 14.4.2.4. Of the Engineer’s actual knowledge of the occurrence of any of the events enumerated in Article 15. The City may refuse to make payment of the full amount recommended by the Engineer because claims have been made against the City on account of the Contractor's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling the City to a set-off against the amount recommended, but the City must give the Contractor immediate written notice (with a copy to the Engineer) stating the reasons for such action. 14.5 Substantial Completion: 14.5.1. The date accepted by the City when the construction of all Work items in the project or a specified part thereof is One hundred percent (100%) completed, in accordance with the Contract Documents, so that the project or specified part can be utilized for the purpose for which it is intended shall establish substantial completion for the project or for a specified part. 14.5.2. When the Contractor considers the entire Work ready for its intended use, the Contractor shall coordinate with the City an inspection of the Work and conduct such tests as required to ensure the Work meets or exceeds all Performance Standards to help determine the status of completion. If the City does not consider the Work satisfactorily complete, the Engineer shall notify the Contractor in writing giving the reasons therefore. There shall be a Punch List of the items to be completed before final inspection and final payment At the time of delivery of the completed punch list items, the City must conduct a final inspection and upon acceptance by the City, the Contractor shall deliver a fully executed Claim Release form to facilitate the project closure. 14.6 Partial Utilization: Use by the City of any finished part of the Work, which has specifically been identified in the Contract Documents, or which the City, the Engineer and the Contractor agree constitutes a separately functioning and useable part of the Work that can be used by the City without significant interference with the Contractor's performance of the remainder of the Work, may be accomplished prior to Final Completion of all the Work subject to the following: 14.6.1. The City at any time may request the Contractor in writing to permit the City to use any such part of the Work which the City believes to be ready for its intended use and substantially complete. If the Contractor agrees, the Contractor will certify to the City and the City Engineer that said part of the Work is substantially complete. 14.7 Final Inspections: Upon written notice from the Contractor that the entire Work or an agreed portion thereof is complete, the City will make a final inspection with the Engineer and the Contractor and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or Defective. The Contractor shall immediately take such measures as are necessary to remove and eliminate all such deficiencies. All deficiencies or incomplete Work items shall be recorded by the City Project Inspector on a Punch List Sheet(s) and distributed to the Contractor and the Engineer immediately. 14.8 Final Progress Payment: 81 GC1-971.doc - Page 38 City of Aspen - General Conditions for Construction Contracts 14.8.1. After the Contractor has completed all such corrections to the satisfaction of the City and delivered all maintenance and operating instructions, schedules, guarantees, as-built documentation (as provided in paragraph 6.12) and other documents - all as required by the Contract Documents, and after the City has indicated that the Work is acceptable, the Contractor shall deliver to the Engineer a fully executed and notarized Claim Release Form and the City Engineering Department will advertise for project closure and release of the final retainment. The final pay estimate will consist of retainment amount only. Final payment will be released following a thirty (30) day waiting period from the date of the second publication of the advertisement for final settlement and closure if no verified claim has been filed with the City. 14.9 Settlement Date, Notice to Subcontractors, Acceptance and Final Payment: If, on the basis of the Engineer’s observation of the Work during construction and final inspection, and the Engineer's review of the final progress Payment and accompanying documentation - all as required by the Contract Documents, the Engineer represents to the City that the Work has been completed and the City is satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the City shall cause to be published on two (2) consecutive weeks in the weekly editions of the Aspen Times, a public notice setting a final settlement date; which said settlement date shall be at least ten (10) days after the second publication. Said notice shall advise all persons, co-partnerships, associations of persons, companies, or corporations that have furnished labor, provisions, materials, team hire, sustenance, or other supplies used or consumed by Contractor or his subcontractor(s), that they may file a claim with the City, at any time up to and including the time of final settlement. Upon filing of any such claim, the City shall withhold from retainment withheld in accordance with the Contract Documents, to insure the payment of said claims until the same have been paid or such claims as filed have been withdrawn, such payment or withdrawal to be evidenced by filing with City a receipt in full or an order for withdrawal in writing and signed by the person filing such claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than Ninety Days following the date fixed for final settlement as published unless an action is commenced within that time to enforce such unpaid claim and a notice of Lis Pendens is filed with the City. At the expiration of such ninety day period, the City shall pay to Contractor such moneys and funds as are not subject of suit and Lis Pendens notices and shall retain thereafter, subject to the final outcome thereof, only such balance of funds to insure the payment of judgments which may result from such suit. 14.8.2. If, the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage set forth at paragraph 14.2., and if Bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Engineer. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 14.10 Contractor's Continuing Obligation: The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by the Engineer, nor the issuance of a certificate of Substantial Completion, nor any payment by the City to the Contractor under the Contract Documents, nor any act of acceptance by the City nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by the Engineer pursuant to paragraph 14.9, nor any correction of Defective Work by the City will constitute an acceptance of Work not in accordance with the Contract Documents or a release of the Contractor's obligation to perform the Work in accordance with the Contract Documents. 14.11 Liquidated Damages: 14.11.1. TIME FOR COMPLETION: It is hereby understood and mutually agreed, by and between the Contractor and the City, that the date of beginning Work and the time of completion as specified herein are essential conditions of the Agreement. The Contractor agrees that said Work shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion within the time(s) specified. It is expressly understood and agreed, by and between the Contractor and the City, that the time(s) for completion of the Work described herein are reasonable time(s) for the completion of the Work, taking into consideration the average climatic conditions prevailing in the locality of the Work. 82 GC1-971.doc - Page 39 City of Aspen - General Conditions for Construction Contracts 14.11.2. TIME IS OF THE ESSENCE TO THE AGREEMENT: It is further agreed that time is of the essence in completing the Work, and that the Project Work Schedule referenced at paragraph 6.9. and the Submittal Schedule referenced at paragraph 6.3. and all dates set forth therein and where in the Contract Documents, an additional time is allowed for the completion of the Work, the new time limit fixed by such extension shall be of the essence of the Contract. 14.11.3. LIQUIDATED DAMAGES: Substantial Completion of the Construction Phase are of paramount importance to the City. If any portion of the Work is not completed in accordance with any time extensions granted by the City, the City will suffer damage, the extent of which will be impractical and extremely difficult to estimate accurately. Therefore, as part of the consideration for executing the Contract, it is hereby agreed that the Contractor shall pay to the City the amounts specified in the Liquidated Damages Form included in the Contract Documents. This particular provision shall not be construed as a penalty upon said Contractor for failing fully to complete said Work as agreed in the Proposal and Contract Documents nor is it intended, but as Liquidated Damages to compensate the City for all costs incurred as a result of such breach of Contract. 14.11.4. DELAYS IN WORK COMPLETION OF CONSTRUCTION PHASE: Subject to the terms of "Excusable Delays", as contained in Section 14.11.6. of the General Conditions, the Contractor expressly agrees to pay the City as a reasonable estimate of just compensation for damages contemplated with the clause, the amount set forth in the Liquidated Damages Form for each consecutive calendar day that Substantial Completion is delayed in the Construction of the project. In no event shall the total amount of liquidated damages exceed Twenty Percent (20%) of the total Contract Price for the Construction. 14.11.5. DELAYS IN SUBMITTAL OF AS-BUILT DOCUMENTATION: Should the Contractor fail to make delivery of the as-built documentation covered in the Contract Documents prior to release of the final payment, it shall pay liquidated damages to the City the amounts equal to preparation cost of the As-Built drawings by the City and its Engineers and Surveyors. 14.11.6. EXCUSABLE DELAYS - FORCE MAJEURE: If, by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the liability then claimed, but for no longer period, and any such party shall remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Colorado or any political subdivision, except the City, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. 14.11.7. CUMULATIVE REMEDY: The liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under contract. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.1 City May Suspend Work: The City may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to the Contractor and will fix the date on which work will be resumed. The Contractor shall resume the Work on the date so fixed. The Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both if the Consecutive Calendar Days are used to complete the Work, directly 83 GC1-971.doc - Page 40 City of Aspen - General Conditions for Construction Contracts attributable to any suspension if the Contractor makes an approved claim therefor as provided in Article 11. Other Work suspensions such as delayed start or phased construction shall not entitle the Contractor to any compensation of payment or time. 15.2 City May Terminate: Upon the occurrence of any one or more of the following events: 15.2.1. If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. If the Contractor makes a general assignment for the benefit of creditors; 15.2.4. If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 15.2.5. If the Contractor admits in writing an inability to pay its debts generally as they become due; 15.2.6. If the Contractor persistently fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. If the Contractor disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. If the Contractor disregards the authority of Architect; or, 15.2.9. If the Contractor otherwise violates in any substantial way any provisions of the Contract Documents: The City may, after giving the Contractor (and the surety, if there be one) seven days written notice and to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude the Contractor from the site and take possession of the Work and of all the Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere, and finish the Work as the City may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) such excess will be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference to the City. Such costs incurred by the City will be approved as to reasonableness by the Engineer and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph the City shall not be required to obtain the lowest price for the Work performed. 15.2.10. Where the Contractor's services have been so terminated by the City, the termination will not affect any rights or remedies of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the City will not release the Contractor from liability. 84 GC1-971.doc - Page 41 City of Aspen - General Conditions for Construction Contracts 15.2.11. Upon seven days' written notice to the Contractor, the City may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Contract. In such case, the Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. 15.3 Contractor May Stop Work or Terminate: If, through no act or fault of the Contractor, the Work is suspended for a period of more than ninety days by the City or under an order of court or other public authority, then the Contractor may, upon seven days written notice to the City and the Engineer, terminate the Contract and recover from the City payment for all Work executed and installed in place and any expense sustained plus reasonable termination expenses. The provisions of this paragraph shall not relieve the Contractor of the obligations under Article 6 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the City. ARTICLE 16 - MISCELLANEOUS 16.1 Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: 16.1.1. 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 re- cruitment 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. 16.1.2. The Contractor, with regard to the Work performed by it during the Contract, shall not discriminate on the grounds of race, color, religion, sex, national origin, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a disabled or Vietnam era veteran in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. 16.1.3. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a disabled or Vietnam era veteran. 16.1.4. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or Supplier shall be notified by the Contractor of the subcontractor's obligations under this Contract and the regulations relative to nondiscrimination on the grounds of race, color, religion, sex, national origin, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a disabled or Vietnam era veteran. 16.1.5. The Contractor will send to each labor union or representative of workers, with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in con- spicuous places available to employees and applicants for employment. 16.2 Giving Notice: Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for 85 GC1-971.doc - Page 42 City of Aspen - General Conditions for Construction Contracts whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 16.3 Computation of Time: 16.3.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 16.3.2. A consecutive calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. A working day is any day; Monday through Friday of each week, also called business day. 16.4 General: Should the City or the Contractor suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 16.4.1. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon the Contractor by the General Conditions, and all of the rights and remedies available to the City thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 16.5 Independent Contractor Status: It is expressly acknowledged and understood by the parties that nothing in this agreement 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. 16.6 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 Agreement or the proceeds thereof. 16.7 Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement 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. 86 GC1-971.doc - Page 43 City of Aspen - General Conditions for Construction Contracts 16.7.1. 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. 16.7.2. 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. 16.8 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 appropriated. 16.9 Contractor Acceptance: 16.9.1. The acceptance by the Contractor of any payment made on the final completion of Work under these General Conditions, or of any final payment due on termination , shall constitute a full and complete release of the City from any and all claims, demands and causes of action whatsoever which the Contractor, has or may have against the City under the provisions of these Contract Documents. 16.9.2. No action shall be maintained by Contractor, its successors or assigns, against the City or the Engineer on any claims based upon or arising out of this Contract or out of anything done in connection with this Contract unless such action shall be commenced within 180 days after the date approval of the final progress payment hereunder, or within 180 days of the termination of this Agreement. 16.10 Successors and Assigns This Contract and all of the covenants hereof shall inure to the benefit of and be bidding 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 other party. 16.11 Third Parties This Contract 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 of the City may assign this Agreement 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. 16.12 Waiver 87 GC1-971.doc - Page 44 City of Aspen - General Conditions for Construction Contracts 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. 16.13 Contract Made in Colorado The Parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 16.14 Attorney's Fees In the event that legal action is necessary to enforce any of the provisions of this Contract, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 16.15 Waiver of Presumption This Contract 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 this Contract. 16.16 Severability Clause: If any provision of the Contract is subsequently declared by legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable laws, statutes, and regulations of the United States of America or the State of Colorado, all other provisions of the Contract shall remain in full force and effect. 16.17 Audit and Records The Contractor shall maintain all data and records pertinent to the Work performed under this Contract, in accordance with generally accepted accounting principles, and shall preserve and make available all data and records until the expiration of three (3) years from the date of final payment under this Contract, or for such longer period, if any, as is required by applicable statute or by other articles of the Contract Documents. The authorized representatives of the U.S. Department of Transportation, Comptroller General of the United States, the State of Colorado and the City shall have access to all such data and records for such time period to inspect, audit and make copies thereof during normal business hours. The Contractor covenants and agrees that it shall require that any Subcontractor utilized in the performance of this Agreement shall permit the authorized representatives of the United States Department of Transportation, the State of Colorado, and the City, to similarly inspect and audit all data and records of said Subcontractors relating to the performance of said Subcontractors under this Agreement for the same time period. 16.18 Audit 16.18.1. COST OR PRICING DATA: If the Contractor has submitted cost or pricing data in connection with the pricing of any modification to the Contract, unless the pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Engineer or a representative of the City shall have the right to examine and audit all books, records, documents, and other data of the Contractor (including computations and projections) related to negotiating, pricing or performing the modification, in order to evaluate the accuracy, completeness, and currency of the cost and pricing data. In the case of pricing any modification, the authorized representatives of the U.S. Department of Transportation, and the State of Colorado shall have the same rights. 16.18.2. AVAILABILITY: The Contractor shall make available at its offices at all reasonable times the materials described in the Contract Documents, for examination, audit, or reproduction, until three (3) years after final payment under the Contract, or for any period, if any, as is required by applicable statute or by other articles of this Contract. 16.18.3. If this Contract is completely or partially terminated, the records relating to the Work terminated shall be made available for three years after any resulting final termination payment. 88 GC1-971.doc - Page 45 City of Aspen - General Conditions for Construction Contracts 16.18.4. Records pertaining to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to the performance of this Contract shall be made available until disposition of such appeals, litigation, or claims. Rev. 1/19/01 (Secs. 14.2.1.1 & 13.1.1) gc1-971 89 City of Aspen - Special Conditions for Construction Contracts SC1-971.doc SC1 Page 1 SPECIAL CONDITIONS - PART ONE for 2023-436 – Puppy Smith Switch Station Upgrades Project No. 2023-436 1.0 GENERAL: 1.01 Clarification of Terms: The Special Conditions are intended to specify and provide additional description, clarification, or conditions that are applicable to this Contract. These Special Conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. 2.0 CONTRACT TIME: 2.1 A written Notice of Intent to Award will be issued by the City by January 31st, 2024, and the Contractor shall execute all necessary pages of the contracts and their required documents and submittals, and deliver them to the Utilities Department by 12:00 pm, February 9th, and shall start the Work when ROW season begins (typically on or about April 15th) a Pre-Construction Conference will be held a minimum of 2 weeks prior to mobilization at a date to be coordinated between the selected contractor and City of Aspen Utilities Project Manager, ROW Manager, and Electric Department Staff. 2.2 Following the Notice to Proceed, the Contractor shall execute the Work with due diligence and shall fully complete in every detail of the Work to be done under this Contract prior to June 30th, 2024. The Contract Time is from the Notice to Proceed, plus any extensions to the Contract Time if authorized by the City Project Manager. The effective date of the "Notice to Proceed" is the date set for a Mandatory Pre- Construction Conference. 2.3 All Work shall be one hundred percent (100%) complete for this project on or before June 30th, 2024. The Contractor shall be responsible for implementing all improvements by this date. 3.0 EXPLORATION REPORTS & MATERIALS TESTING: Exploration reports and tests of subsurface conditions at the site, are not available from the Design Engineer. The Contractor shall perform such subsurface soils investigations when deemed necessary through a certified materials Lab. All soil sampling & compaction, concrete paving, and hot mixed asphalt paving related testing and re-testing will be performed by a certified materials 90 City of Aspen - Special Conditions for Construction Contracts SC1-971.doc SC1 Page 2 testing laboratory acceptable to the Project Manager and at his/her direction. The cost of testing and re-testing shall be paid by the Contractor. 4.0 PROJECT MANAGER AND THE CITY’S REPRESENTATIVE: The Project Manager and the designated City Representative for this project shall be a member of the City Utilities Department staff and shall be designated and changed as necessary by the Utilities Senior Project Manager. Unless provided in writing by the Project Manager, any on-site Inspector or Representative of the City shall not have the authority to render any binding decision nor make any binding judgments to the Contractor pertaining to any work which may change the Contract price or time of completion, or change the quality of Work, or change the manner in which the Work is being performed. The Project Manager and the designated City’s Representative shall serve as a means of communication between the City and the Contractor and shall monitor the Work for the City. All references in the Contract Documents to "Project Manager" and "City’s Representative" shall refer to the Utilities Project Manager and the City’s Representative named by the Utilities Senior Project Manager. 5.0 PROGRESS SCHEDULE AND SEQUENCE OF OPERATIONS: 5.1 Within seven days (7) prior to the pre-construction conference, the Contractor shall submit for review of the City Project Manager a critical-path chart showing the estimated progress for the component divisions of the Work and a balanced time breakdown, showing the estimated progress schedule for the entire Project. For purposes of comparison, the Contractor shall submit with each progress pay estimate a form showing the actual rate of progress to date for the component divisions and for the Project as a whole. The actual rate of progress shown on the form shall only include Work completed and shall not include stored materials. 5.2 The Contractor shall also submit for approval, prior to the pre-construction conference, a Traffic Control Plan for each segment of the street, a narrative of the planned sequence of construction indicating the approximate date and time duration of any road or street restrictions or closures, utility interruptions, etc., as applicable to this project. 5.3 The Contractor shall also submit for approval, prior to the pre-construction conference, a Construction Management Plan (CMP). The CMP must be prepared in accordance with the Engineering Department’s CMP Requirements Manual. 5.4 In the event that the rate of actual progress of the Work falls behind the estimated progress indicated on the approved critical-path chart and in the absence of time extensions if any granted by the City Project Manager, the Contractor shall accelerate the Work by placing additional forces and equipment on the Project so that the Project will be completed within the Contract Time. The Contractor shall be capable and make available more than one work crew to perform the work on time. 91 City of Aspen - Special Conditions for Construction Contracts SC1-971.doc SC1 Page 3 5.5 The Contractor shall provide a list of emergency (24 hour) contact name(s), addresses and phone numbers to the City Project Manager 24 hours prior to the pre- construction conference. Emergency phone calls must be responded to in 15 minutes or less and action must be taken on the emergency condition immediately. Such emergency calls shall be project related corrective and restorative work and shall be considered subsidiary to the construction bid items and at the Contractor's cost. The Owner may initiate such corrective work at Contractor's cost if the Contractor fails to perform the required task within one hour of an emergency call. 5.6 The Contractor shall be responsible for keeping traffic flows on the streets at all times during and after their daily work activities. In addition, intermittent interruptions to traffic flow must be kept to a minimum. 6.0 SURVEY CONTROL: The Contractor shall be responsible for establishing grades from the Bench Mark(s) established and described in the Contract Documents. At a minimum, the Contractor shall establish a construction baseline, layout staking and cut sheet(s) by an insured Colorado registered professional land surveyor. The Contractor shall be responsible for protecting and/or re- establishing benchmark control if necessary during the construction process. 7.0 PROTECTION OF PUBLIC FACILITIES, UTILITIES AND OTHER ADJOINING PROPERTY: The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to other property at the site or adjacent thereto, and he shall be liable for any and all claims for such damage on account of his failure to fully provide such protection. The CONTRACTOR shall preserve and protect all existing vegetation such as trees, shrubs, and grass on or adjacent to the site which do not unreasonably interfere with the construction, as may be determined by the Project Manager or Engineering Inspector. The CONTRACTOR shall be responsible for all unauthorized cutting or damage of trees and shrubs, including damage due to careless operation of equipment, stock piling of materials, or tracking of sodded areas by equipment. The CONTRACTOR shall at all times take proper precautions for the protection and or replacement or restoration of driveways culverts, fencing, irrigation systems, irrigation crossings, mailboxes, landscape improvements and all other public and private installations that may be encountered during construction. Such protection or replacement shall be borne by the CONTRACTOR. The CONTRACTOR shall work with adjacent property owners to coordinate any construction activity that disrupts adjacent property owners’ landscaping. The CONTRACTOR is responsible for any damage outside of the work area. Prior to starting 92 City of Aspen - Special Conditions for Construction Contracts SC1-971.doc SC1 Page 4 work, the CONTRACTOR is to provide the CITY with photos of areas that may be impacted by the CONTRACTOR for the use in the determination of restoration The Contractor shall notify all public utility companies at least forty-eight (48) hours prior to commencement of any Work in the vicinity of the utilities. It shall be the CONTRACTOR’s responsibility to determine the exact location of utilities that may interfere with the performance of the Work of this project by exploratory excavation sufficiently in advance of beginning construction in an area so that potential conflicts may be resolved. It shall be the CONTRACTOR’s responsibility to make all arrangements with the utility owner(s) for utility relocations or adjustments and to coordinate the sequence of such work to eliminate possible conflicts with construction progress. The cost to relocate utilities necessary for the performance of the work shall be paid by the CITY. The cost to relocate utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR. Work involving changes in, or interference with, utility service shall be done at such times and in such a manner that it will cause the least interference with the proper handling and delivery of the utility service to the receiving customers. CONTRACTOR shall notify, or arrange through the appropriate utility company notification of, all parties that will be affected at least 48 hours prior to the time service is disconnected or interrupted. Notice shall consist of publication in a local newspaper and/or announcement on local radio stations as determined by the Project Manager. Damaged utilities shall be immediately repaired and restored to service. Repair work shall be continuous until the service is restored. The CONTRACTOR is responsible for immediate notification of the utility company if there is any damage to a utility. 8.0 PRESERVATION OF PERMANENT LAND SURVEY CONTROL MARKERS: All survey control points, including benchmark and reference crosses, and range points have been tied out by the City and range boxes set on all range points. If the range box and/or range point is impacted by proposed construction, the CONTRACTOR will salvage the existing range box, and if possible, preserve the range point. The CONTRACTOR will notify the City to schedule the replacement of the range box prior to placing the top lift of pavement. If the range point or benchmark is scheduled for removal as part of the construction, the City will reset the range point one time at no expense to the CONTRACTOR. If it is necessary to reset a range point or benchmark more than one time, the CONTRACTOR shall be required to pay the City $180.00 per hour for the re-survey work. If the existing range box is destroyed or damaged during construction, the City will furnish the CONTRACTOR a new range box at a cost to the CONTRACTOR of $200.00 each. The CONTRACTOR shall provide the City 24-hour notice for setting range boxes. 9.0 VERIFICATION AND PROTECTION OF EXISTING UTILITIES Any known underground utilities and structures are indicated on the Drawings. This information is shown as a convenience to the Contractor and is not guaranteed to be accurate or complete. The contractor is required to verify the elevation of all existing utility elevations by potholing or other means prior to installation of conduits, and connections to the existing system, and work around the proposed construction. Based upon the verification of the 93 City of Aspen - Special Conditions for Construction Contracts SC1-971.doc SC1 Page 5 elevation of the existing utilities, minor adjustments in the alignment, profile, and elevation of the proposed conduits may be required. In case of conflict in elevations of the new lines and existing utilities, the contractor will provide the City of Aspen Project Manager and its representatives the utility elevations and the City of Aspen will direct the contractor to make any field adjustments in alignment or elevations of the pipelines or conduits. The contractor shall not make any elevation adjustment of the new lines without consent of the City of Aspen, the Design Engineer, or its representatives. No extra compensation will be granted for the location of existing utilities, required potholing, or minor alignment or elevation adjustments of the new lines. It shall be the Contractor's responsibility to contact proper authorities, (calling 811, and the use of private locators) for location, horizontal and vertical, and take any precautions necessary to protect the utilities. It shall be the Contractor's responsibility to locate and maintain all utilities in proper working order at all times, except during scheduled outages. This project anticipates approximately 1 week of service interruptions for the Puppy Smith building for the installation of the Innovative Switch Gear(ISG), transformer, primary metering cabinet, generator, and appurtenances. The Contractor shall use extreme caution when working around all existing utilities. The City of Aspen Electric Department line locate policy of 48 minimum notice for locates and service interruptions shall be strictly adhered to. Call 920-5110 to schedule locates or work near active primary electrical installations. 10.0 COOPERATION BETWEEN CONTRACTOR AND AGENCIES: The CONTRACTOR is required to coordinate the scheduling of construction activities with other CONTRACTORs working in adjacent areas. No damages, delay costs, or additional contract time, claimed by the CONTRACTOR, due to construction of other projects, will be granted by the CITY. The CONTRACTOR is required to coordinate the work, construction schedule, traffic control and permitting requirements with the applicable adjacent jurisdictional agencies to include metropolitan districts and government agencies. It is the CONTRACTOR’s responsibility to obtain any permits as required from other government agencies. The CONTRACTOR shall notify all affected businesses, school & bus districts and metropolitan, government & emergency services agencies two weeks ahead of any planned road closures. 11.0 DAMAGE TO CONSTRUCTION: The Contractor shall safeguard, until all Work proposed by the Contract is formally accepted, all construction, both complete and incomplete, against damage and destruction, and should damage result, they will be required to reconstruct at their expense in a manner conforming to the Plans and Specifications, reconstruction shall be in a manner suitable to the City Project Manager. No repair or mitigating option for damaged Work will be accepted by the City. 12.0 JOB SITE RESTRICTIONS: All materials to be removed from the project site or demolished on site, shall be disposed of by the Contractor off the project site unless requested otherwise by the City Project Manager. The City's 94 City of Aspen - Special Conditions for Construction Contracts SC1-971.doc SC1 Page 6 property is not available for Contractor staging or storage area, unless permitted by the City Project Manager within the existing right of way and coordinated with the City ROW Manager. The City's property is not otherwise available for a Contractor's disposal area. 13.0 WORKING HOURS: Work will normally be permitted between 7:00 a.m. and 5:00 p.m. Monday thru Friday in conformance with City right of way standards; other work hours must be approved by the City in writing. Construction activity which generates noise in excess of 80 decibels is restricted to the hours of 9:00 am to 5:00 pm Monday thru Friday. Saturday work and Night work will be contemplated with prior written approval from the City Project Manager. 14.0 DISPOSAL OF HAZARDOUS MATERIALS: The disposal of any hazardous materials shall be the sole responsibility of the Contractor. 15.0 SALVAGE: Stone masonry, concrete, timber, and other items removed from the site shall become the property of the Contractor and disposed of off-site, unless otherwise noted in the project documents, or as requested by the City Project Manager. 15.0 SUBCONTRACTORS AND SUPPLIERS: Contractor shall identify in his/her sealed bid the name and address all Subcontractors, Suppliers, and other persons or organizations that will furnish the principal items of materials, equipment, or labor for this project. The City has purchased several long-lead items that the Contractor and its Subcontractors will be installing those devices include: Eaton Cooper Power Systems Innovative Switch Gear o 5-way 25KV Dielectric Switchgear with integrated control cabinet and Schweitzer Engineering Logistics (SEL) 751 Relays with accessories Cummins C70N6 Generator o 70kW Natural Gas Generator and 400 Amp Service Entrance Rated Automatic Transfer Switch and accessories. Public Service Company of Colorado (PSCO) Primary Metering Cabinet Schweitzer Engineering Logistics (SEL) Real Time Automation Controller (RTAC) 16.0 AS-BUILT REQUIREMENTS: As-built drawings are accurate, scaled representations of appurtenances and infrastructure as they exist in the field at the time of the project’s completion. As-built drawings of electric system infrastructure submitted to the City of Aspen for final acceptance shall be submitted with the certification and seal of A Colorado-licensed professional land surveyor. As-builts shall include at a minimum all installed improvements and structures; including, without limitation, all installed conduit, bends, sweeps, deflected pipe (performed by melting and bending conduit or otherwise), vault location and type, and wire size. All public utility crossings where separation distances are varied from City of Aspen standards. Surveyed surficial locations for all devices (switchgear, generator, transformers, retaining walls, fences) shall be performed during or immediately following installation. Surface locations should be tied to established building 95 City of Aspen - Special Conditions for Construction Contracts SC1-971.doc SC1 Page 7 corners or other permanent installations. 17.0 PAYMENT RETAINAGE: Retainage on Pay Estimates shall be 5% through the substantial (100% complete in-place) completion of Work. For a contract price over $150,000.00 the retained amount shall be 5% of the value of the work completed. All As-Builts must be submitted and approved prior to final retainage release. 18.0 WAIVER: It is expressly understood and agreed that any waiver granted by the City Project Manager of any term, provision or covenant of this Contract shall not constitute a precedent nor breach of same or any other terms, provisions or covenants of this Contract. Neither the acceptance of the Work by the Owner nor the payment of all or part of the sum due the Contractor hereunder, shall constitute a waiver by the Owner of any claim which the Owner may have against the Contractor or otherwise. 19.0 STANDARDS USED: All work shall be completed in accordance with this contract and the following standards used by the City of Aspen: The current edition of the Colorado Department of Transportation Road and Bridge Book, excluding Section 100 and as modified by the Special Conditions, City of Aspen Construction and Excavation Standards, City of Aspen Construction Management Plan Requirements Manual, IEEE C2-2023 National Electric Safety Code, IEEE 48 Terminations, IEEE 386 Separable Connectors, ICEA S-97-649 Concentric Wire MV Cable, National Electric Code (where and if, it applies), and The City of Aspen Electrical Standards. 20.0 PRECEDENCE OF THE CONTRACT DOCUMENTS: The order of precedence of Contract Documents shall be as follows: 1. Addenda 2. Drawings, if any a. Detailed Drawings b. Standard Drawings 3. Special Conditions 4. Referenced Technical Specifications 5. Contract for Construction 6. Instruction to Bidders 7. Standard General Conditions 8. IEEE C2-2023 National Electric Safety Code 9. City of Aspen Construction and Excavation Standards 10. Construction Management Plan Requirements Manual 21.0 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS: The Contractor shall furnish Performance, Payment, and Maintenance Bonds, each in an amount equal to one hundred percent (100%) of the total Contract price as security for the faithful performance, payment, and maintenance obligations of all Contractor's Work under the Contract Documents. Reference is made to the General Conditions for further requirements for Performance, Payment, and Maintenance Bonds. 96 City of Aspen - Special Conditions for Construction Contracts SC1-971.doc SC1 Page 8 22.0 WARRANTY INSPECTION: At the City's discretion, a warranty inspection will be held during sixty (60) calendar days prior to the expiration of the warranty period under the Maintenance Bond. The Contractor shall provide an authorized representative at such inspection to represent the Contractor's interests. All defects identified during the inspection shall be corrected at the Contractor's expense at the direction of the City immediately. Corrective Work shall be commenced within five (5) consecutive calendar days after written notice to the Contractor. 23.0 MATERIAL TESTS AND CERTIFICATES: 23.1 All materials to be incorporated into the Work may be subject to sampling, testing by the Contractor per Section 4.0 of these special conditions, and approval and samples furnished shall be representative of the material to be used. 23.2 Tests required to guard against unsuitable materials or defective workmanship and to demonstrate that materials comply with the provisions of the Contract Documents shall be paid for by the Contractor. 23.3 The procedures and methods used to sample and test materials shall be as specified or as determined by the City Project Manager. Unless otherwise specified in these Special Conditions, samples and test shall be made in accordance with the latest standard methods of ASTM, AWWA, AASHTO, IEEE, and CDOT's 1991 edition of Standard Specifications for Road and Bridge Construction. 23.4 The Contractor shall furnish at least one copy of test results to the City Project Manager. 23.5 The City Contracts with a Vendor to provide factory quality partial discharge testing. If Cable, Separable Connectors, and Terminations do not pass the tests to the referenced IEEE Standard for partial discharge it will be the contractors’ responsibility to install and provide new cable, separable connectors, and/or terminations at their cost. 24.0 MOBILIZATION/DEMOBILIZATION: Will be measured and paid on a pro-rata basis as explained in the General Conditions of this Contract. 25.0 SUB-EXCAVATION, BACKFILLING & COMPACTION: Unsuitable materials are not anticipated within the project limits. However, if encountered, muck, unstable or unsuitable material shall, at the discretion and direction of the City Project Manager, be removed. Removal of such material shall be to the depth and horizontal limits specified by the City Project Manager. Any such areas which are over-excavated shall be filled to the subgrade elevation with aggregate base course class 6. The backfill material shall be placed in lifts of 12" or less and compacted to a minimum of 95% density of the modified proctor test method. The price for sub-excavation, backfill and compaction will be measured by the ton actually installed and be paid under Sub-Excavation & Backfill bid item. 97 City of Aspen - Special Conditions for Construction Contracts SC1-971.doc SC1 Page 9 26.0 TRAFFIC CONTROL, BARRICADING, AND FLAGGING: If necessary for the safety the safety of the public, Contractor and City employees, the Work under this Bid item includes design of a complete traffic control plan for all street segments to be improved under this Contract by a Certified Traffic Control Supervisor and subject to approval of the City Project Manager and City Engineering Department, delivery, pickup, installation, maintenance, protection & replacement of damaged device, defective steady burn or flashing beacons, signs, and adjusting the number of channelizing devices and signs as necessary to maintain safe traffic flows for the duration of this project. The traffic control plan and selected devices and signs shall be based on the MUTCD. Measurement and payment shall be on a pro- rata basis and for the duration of the project including time extensions granted by the City Project Manager. No additional payments will made to the Contractor. 98 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 1 THE CITY OF ASPEN Utilities Department SPECIAL CONDITIONS - PART TWO TECHNICAL SPECIFICATIONS for Puppy Smith Switch Station Upgrades Project No. 2023-436 1.00 GENERAL. 1.01 The Special Conditions, Part Two, Technical Specifications, are intended to specify and provide additional description, clarification, or conditions that are applicable to this Contract. These Special Conditions represent a short-form outline of the more complete Technical Specifications also contained in the Contract Documents. 1.02 The Special Conditions, Part Two, Technical Specifications shall delineate the measurement and payment for each item listed below, as well as emphasize the appropriate standard construction specifications which are the Colorado Department of Transportation's Division of Highways (DOH) Standard Specifications for Road and Bridge Construction (SSR & BC), 2021 Edition, or as modified in these Special Conditions. Any conflicts between the DOH Standard Specifications and the provisions herein shall be resolved by the City Project Manager. 1.03 Standards Used: The Special Conditions shall delineate the measurement and payment for each item listed below, as well as emphasize the appropriate s construction specifications which are the Colorado Department of Transportation’s Division of Highways (DOH) Standard Specifications for Road and Bridge Construction (SSR & BC), 2021 Edition, or as modified in these Special Conditions. Any conflicts between the DOH Standard Specifications and the provisions herein shall be resolved by the City Project Manager. Additional standards for electrical construction within City of Aspen include: City of Aspen Engineering Standards City of Aspen Electrical Standards City of Aspen Construction Management Plan Manual IEEE C2-2023 National Electrical Safety Code National Electrical Manufacturers Association 99 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 2 NFPA 70, The National Electric Code American Society for Testing and Materials Underwriters Laboratory IEEE 48 Terminations IEEE 386 Separable Connectors ICEA S-97-649 Concentric Wire MV Cable 1.04 The Unit Bid Item: The cost for each Bid item listed in the Contractor’s Proposal Form shall include the labor, equipment, materials, delivery, manufacturer's or supplier's certification testing, insurance(s), permits, licenses, construction surveying & Staking, preparation of As-Built plans, taxes, profit and overhead expenses, administration, clerical, secured storage, complete in-place installation, site restoration to original or better condition and cleanup to the satisfaction of the City Project Manager or designee. 1.05 The City intends to award the work as one contract which will consist of Base Bid only in the complete Bid Proposal Form. The City further intends to award the Contract to the lowest responsible and responsive Bidder within the limits of the funds available and to best serve its interests. 2.00 DETOURING AND TRAFFIC CONTROL 2.01 Scope. This work shall consist of furnishing, installing, moving, maintaining and removing temporary traffic signs, advance warning signs, barricades, channelizing devices, delineators, and flagmen as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" and the latest revisions of the Colorado Supplement thereto, in accordance with the Drawings and these Specifications. 2.02 Reference Standards. A. State of Colorado, Division of Highways M & S-Standards, Sheets S-614- 50 (pages 1-4), and S-614-51. B. State of Colorado, Division of Highways, Manual on Uniform Traffic Control Devices for Streets and Highways. C. State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 2021 Edition, Sections 107.07 and 107.10. 2.03 Submittals The Contractor shall submit a schedule of traffic control devices to be used at preconstruction conference. 2.04 Measurement and Payment Detouring and Traffic Control shall be paid for on a Lump Sum basis proportional to the overall project completion. 100 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 3 3.00 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 3.01 Scope. This Work shall consist of furnishing all labor, equipment, materials and miscellaneous items for the removal and satisfactory disposal or abandonment in place of all fences, signs, structures, old pavements, roads, sidewalks, retaining walls and any other obstructions. It shall also include salvaging of designated materials and backfilling the resulting trenches, holes, and pits. This Work shall include sawing concrete and asphalt in reasonably close conformity with the dimensions of these Specifications to create lines of weakness in order to facilitate controlled breaking for removal. 3.02 Reference Standards State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 2021 Edition, Sections 202. 3.03 Submittals Copies of written agreements for disposal areas will be given to the City Project Manager before work begins. 3.04 Measurement and Payment Removal of structures and obstructions shall be paid for on a Lump Sum basis proportional to the overall completion of the required clearing, grubbing and removal work. 4.00 EARTHWORK 4.01 Scope. Work to be performed under this section shall include all labor, equipment, materials and miscellaneous items necessary to perform all clearing and grubbing, excavation, backfilling, compacting, testing and related work not specified elsewhere, as shown on the Drawings and required by the Specifications. All work within the rights-of-way of the County Governments or Municipal Governments shall be done in compliance with requirements issued by those agencies. All such requirements shall take precedence over these Specifications. It shall be the Contractor's responsibility to secure all required excavation permits and pay all costs thereof. The City of Aspen, as the Project Owner, shall coordinate arrange and pay for all required soils testing of backfill operations independent of the Contractor. The Contractor shall cooperate with all individuals engaged in compaction testing of the Work. 4.02 Reference Standards A. State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 2021 Edition, Division 200. 101 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 4 B. Density/moisture relationships to be developed for all soil types encountered according to ASTM D698 or AASHTO T99. C. Testing for density during compaction operations to be done in accordance with ASTM D2922 using nuclear density methods. D. Frequency of testing to be done at the direction of the City Project Manager and as specified in the City of Aspen Construction and Excavation Standards. 4.03 Submittals -Not Applicable- 4.04 Measurement and Payment Earthwork shall be measured and paid for to the nearest cubic yard. 5.00 EXCAVATION AND BACKFILL FOR STRUCTURES 5.01 Scope Work to be performed under this section shall include all labor, equipment, materials and miscellaneous items necessary to perform all clearing and grubbing, excavation, backfilling, compacting, testing and related work not specified elsewhere, as shown on the Drawings and required by the Specifications. All work within the rights-of-way of the County Governments or Municipal Governments shall be done in compliance with requirements issued by those agencies. All such requirements shall take precedence over these Specifications. It shall be the Contractor's responsibility to secure all required excavation permits and pay all costs thereof. 5.02 Reference Standards A. State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 2021 Edition, Division 200, 300, and 700. B. Density/moisture relationships to be developed for all soil types encountered according to ASTM D698 or AASHTO T99. C. Testing for density during compaction operations to be done in accordance with ASTM D2922 using nuclear density methods. D. Frequency of testing to be done at the direction of the City Project Manager and as specified in the City of Aspen Construction and Excavation Standards. E. Compact fill materials to following densities at optimum moisture content based on ASTM D698 or AASHTO T99 as shown on the Drawings or as follows: 102 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 5 1. Structure fill under all concrete structures: 100%. 2. Backfill beneath or within 5' horizontally of existing or proposed structures, pavements, roadways, sidewalks, curbs, utility lines or other improvements: 95% 3. Backfill within public or designated rights-of-way: 90% or as shown on the Drawings. 4. Backfill within undeveloped, green or undesignated area: 85%. 5.03 Submittals The Contractor may be required to submit sieve analysis results to confirm compliance of selected import backfill against the requirements of CDOT Section 703. 5.04 Measurement and Payment Excavation and backfill for structures shall be measured and paid for to the nearest cubic yard. 6.00 TRENCHING, BACKFILLING AND COMPACTION 6.01 Scope. Work to be performed under this section shall include all labor, equipment, materials and miscellaneous items necessary to perform all excavation, backfilling and compaction of underground pipelines, conduits, cables and appurtenances shown on the Drawings and specified herein. All work within the rights-of-way of the County Governments or Municipal Governments shall be done in compliance with requirements issued by those agencies. All such requirements shall take precedence over these Specifications. It shall be the Contractor's responsibility to secure all required excavation permits and pay all costs thereof. Contractor will be required to obtain necessary road cut permits. 6.02 Reference Standards A. State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 2021 Edition, Division 200, 300, relevant portions of Division 600 and Section 703. B. Density/moisture relationships to be developed for all soil types encountered according to ASTM D698 or AASHTO T99. C. Testing for density during compaction operations to be done in accordance with ASTM D2922 using nuclear density methods. 103 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 6 D. Frequency of testing to be done at the direction of the City Project Manager and as specified in the City of Aspen Construction and Excavation Standards. E. Compact fill materials to the following densities at optimum moisture content based on ASTM D698 or AASHTO T99 as shown on the Drawings or as follows: 1. Bedding Material, including material used for over-excavation of any kind: 95% 2. Select Material: 95% 3. Backfill beneath existing or proposed pavement, roadways, sidewalks, curbs, utility lines, and other improvements or within 5' horizontally of such improvements: 95% 4. Backfill within public or designated right-of-way: 90% or as shown on the Drawings. 5. Backfill within undeveloped, green, or undesignated areas: 85% 6.03 Submittals A. Bedding Material 1. Submit sieve analysis B. Select Fill 1. Submit sieve analysis 6.04 Measurement and Payment Payment for Trenching, Backfilling and Compaction shall be part of the related operation. 7.00 EMBEDMENT AND BASE COURSE AGGREGATE 7.01 Scope This work shall consist of furnishing and placing one or more courses of aggregate on the prepared surface in accordance with these Specifications in close conformity with the lines, grades, and typical cross sections shown on the drawings or established by the City Project Manager or their representative in the field. 7.02 Reference Standards A. State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 2021 Edition, Sections 304 and Section 703. 104 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 7 B. Density/moisture relationships to be developed for all soil types encountered according to ASTM D698 or ASSHTO T99. C. Field Testing. Testing for density during compaction operations to be done in accordance with ASTM D2922 using nuclear density methods. D. Frequency of Testing. Conduct a minimum of one test for each layer of specified depth of fill or backfill as follows: Foundations: For each 100 lineal feet or less of trench. Slabs on Grade: For each 2,000 square feet or less of building area. Pavement and Walks: For each 2,000 square feet or less. All Other Areas: For each 5,000 square feet or less. Utility Trenches: For each 250 lineal feet or less of trench. 7.03 Submittals Aggregates. Certified statement from independent testing laboratory, acceptable to the City Project Manager, of material compliance. 7.04 Measurement and Payment Base course aggregate shall be measured to the nearest 0.5 Ton. Payment shall be per ton. Embedment/Bedding material shall be included with structure/piping being bedded or constructed. Payment for aggregate shall include haul and water required. 8.00 FENCING 8.01 Scope Work to be completed under this Section shall include all labor, equipment, plant and materials necessary to furnish and install all wood and or wire fencing with access gate, together with all miscellaneous and appurtenant items, as shown on the Drawings and as specified herein. 8.02 The Existing Fence on site should be replaced with new materials and constructed to screen equipment view. The Fence should look similar in style to the currently installed fence. 8.02 Reference Standards State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 2021 Edition, Section 710 as well as M-Standard 607-2. 8.03 Submittals Catalog cuts on materials and dimensional data. 8.04 Measurement and Payment Fencing and gates shall be paid for on a per linear foot basis. 105 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 8 9.0 ELECTRICAL CONDUIT AND VAULTS 9.01 Scope Materials A. DESCRIPTION 1. This SPECIFICATION includes all items as shown by the Drawings and as required for a complete system for: a. Direct-buried conduits or duct banks. b. Vaults c. Accessories as required for conduit and vaults. 2. The Contractor shall furnish and install the electrical raceways and various electrical vaults as shown on the Drawings 3. Related Specification Sections: a. Submittal Procedures b. Earthwork c. Trenching and backfilling B. QUALITY ASSURANCE 1. Applicable Standards: a. Federal Specifications (FS): (1) W-C-571 - Conduit and Fittings, Nonmetal, Rigid. b. IEEE C2-2023 National Electric Safety Code (NESC). c. National Electrical Manufactures Association (NEMA): (1) NEMA TC 2 – Electrical Polyvinyl Chloride (PVC) Tubing and Conduit (2) NEMA TC 3 - PVC Fittings for Use With Rigid PVC Conduit and Tubing. d. Holy Cross Energy (1) Underground Electrical Distribution System Installation practices. C. STANDARDS 1. Codes, standards or other documents referred to herein shall be considered inclusive of these Specifications. In the event of conflict between these documents, the requirements of these Specifications shall take precedence or the more stringent requirement shall be followed. 2. If clarification is necessary, the Owner shall be notified for resolution. Work provided under this Specification shall be in strict conformance with the latest edition and latest addenda of the applicable codes, standards, regulations, procedures and tests of the organizations listed in this DIVISION. D. JOB CONDITIONS 1. Refer to other project Specification Sections. PRODUCTS 106 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 9 E. GENERAL 1. All materials shall be new and applicable as listed, labeled, or approved by the Underwriters' Laboratories, Inc. Defective equipment or equipment damaged in the course of installation or test shall be replaced or repaired in an approved manner at no additional cost to the owner. 2. UL listed and labeled conduit, on each length, fittings, and accessories. 3. Sizes of conduit, fittings, and accessories as indicated, specified, or as required by Electrical Codes and Standards. F. CONDUIT OR DUCT SYSTEMS - GENERAL 1. Conduit and duct systems shall be of the type specified in the drawings and shall meet the requirements herein. 2. Conduits shall be joined in such a way as to prevent solid matter from entering the joints. Joints shall form a continuous smooth interior surface between joining conduit sections so that cable will not be damaged when pulled past the joint. 3. Conduit installed on bridges, building roofs, or high temperature areas shall incorporate expansion joints. Metallic conduit on a bridge shall be grounded. 4. No duct / conduit system or electrical vault shall be covered with backfill until approval is obtained from the City’s Project Manager. 5. Schedule 40 Conduit is specified for the entirety of installation except as noted. 6. Concrete Encasement is required for all elbows, sweeps or bends. G. VAULTS – GENERAL 1. Vaults shall be precast concrete. 2. Drainage shall be provided to keep the vault free of water during construction. 3. Base course material shall be sand or select fill, 3 inch minimum compacted to 95%. 4. Approved sealant shall be used to seal the joints in during the vault assembly. 5. Vault Specification: a. Vault shall be manufactured according to the Holy Cross Energy requirements. b. Vaults shall be sized according to the intended application. (1) Pull vault (7’x7’ or 4’ round) (2) Transformer vault (single phase or three phase) (3) Switchgear (4) Traffic rated or non- traffic rated. 6. Dimensions: a. Vault shall be inside dimensions are: (1) 7 foot by 7 foot (2) 4 foot round 107 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 10 b. Vault includes a base and lid with 30” or larger access opening. c. The vault depth shall be: (1) 4 foot deep one piece (2) 6 foot deep accomplished by assembling 3 each 2 foot sections together. i. Standard vault section is 7 foot by 7 foot by 2 foot. 7. Vault Accessories: a. Cover shall include a designation in permanent lettering. (1) For the City of Aspen electrical distribution system the designation shall be “ELECTRIC” or “COA ELECTRIC” (2) For Holy Cross Energy the designation shall be “HCEA” b. Grade Rings: (1) Pre-cast concrete (4000 psi minimum compressive strength at 28 days) with inside diameter equivalent to vault opening. (2) The ring shall have circumferential rebar #3 minimum with a trowel finish to provide a true plane within 1/8”, as determined by a 5 ft. straight edge. (3) Minimum inside diameter 30 inches. (4) Provide the quantity of rings to place top of vault cover flush with grade. c. Racking (1) Racking is required where single-phase and three-phase conductors are co-located in a single vault. Racking may be required at vaults at the City Project Manager discretion and paid based on a T+M Basis. Receipts are required for materials time to be tracked by Contractor and confirmed by City Project Manager or designee. H. ACCEPTABLE MANUFACTURERS 1. Rigid Polyvinyl Chloride (PVC) Conduit: a. Allied Tube & Conduit b. Cantex, Inc. c. Carlon Products Division d. PW Eagle e. Or, approved equal 2. Vault: a. Grand Junction Pipe &Supply 3. Conduit spacers a. Underground Devices b. Or, approve equal 4. Other material a. As approved for the application I. SUBMITTALS 108 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 11 1. Refer to other Product Specification (Appendix C.) for submittal requirements. J. EQUIPMENT AND MATERIALS 1. "Pulling In" Rope: (1) PVC: minimum size ¼”. (2) Breaking strength: minimum 1200 pounds. 2. Conduit Spacers a. Spacers shall be used provide conduit separation as specified on the drawings. b. Spacers shall be the standard manufactured product. c. They shall be located at five foot intervals. EXECUTION K. CONDUITS - GENERAL 1. Preparation: a. Carefully ream ends of all conduit lengths after cutting to eliminate sharp burrs. b. Cap ends of all conduits before concrete is poured and/or backfilling is done. c. Clean out all conduits immediately after concrete work or backfilling is finished. d. Cap all conduits after cleaning where conduits are to be left empty by this contract. 2. Performance: a. General Requirements: (1) Location; i. Install conduit as near as possible to the routing indicated. ii. Shift locations as required avoiding interference with other equipment. iii. Where routing of conduit is not indicated, Contractor shall route in conformance with this specification section requirements. b. Rigid Polyvinyl Chloride (PVC) Conduit: (1) To be used only in direct buried applications, as indicated. (2) Bury conduits to the depth indicated on the Drawings. (3) Terminate conduits in a bell end inside vault. (4) Conduit runs shall be straight runs between points in the system. i. Where project conditions don’t allow for straight runs the conduit run shall consist of very large shallow radius bends. ii. There shall be no more than 270 degrees of conduit 109 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 12 bends in any conduit run between vaults. (5) Conduit shall be maintaining separation as indicated on the Drawings between conduits and other utilities. (6) Make all joints watertight with cement compound furnished by conduit manufacturer. (7) Conduits runs shall be graded to drain toward one or both terminal points of the duct run. The slope shall not be less than 2 inches for every 100 ft. of length, unless otherwise shown on contract drawings. (8) After trench bottom has been finished to grade, lay conduit, then carefully backfill trench in layers (9) Make all open conduit ends watertight with suitable sealer. (10) All exposed ends of conduit shall be plugged during construction to prevent the entrance of foreign matter and moisture into the conduit. (11) Burrs or sharp projections which might injure the cable shall be removed (12) Swab Duct: i. Use suitable caps to protect installed duct against entrance of dirt and moisture. c. Conduit Fittings: (1) Install as required. L. Trenching 1. All trenching depths are specified as a minimum as measured from the final grade to the top surface of the conduit. 2. The routing shall be as shown on the plans and specifications unless conditions encountered are such that changes are necessary to accomplish the work. a. In such event, the Owner and Engineer shall be notified promptly. b. All trenches shall follow straight lines between points as much as possible. c. The trenches shall be dug so that the bottom has a smooth grade. (1) Large rocks, stones and gravel in excess of 1 inch shall be removed from the bottom of the trench. d. A bed of sand or clean soil shall be placed in the bottom of the trench. e. Construction shall be arranged so that trenches will be left open for the shortest practical time to avoid creating a hazard to the public and to minimize the likelihood of trench collapse due to other construction activity, rain, accumulation of water in the trench, etc. f. Trenches shall be backfilled immediately following the installation of conduit. g. Trenches shall be completed each day to minimize the length of trench open overnight or on weekends. h. All open trenches shall be fenced with warning fabric if left 110 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 13 overnight or over a weekend. i. The Contractor shall be required to commence compaction activities immediately as the trench is being backfilled. j. When field conditions dictate that backfill must be performed in lifts, compaction efforts will take place concurrently with the backfill operations. k. The backfill operation is to be completed within 100 feet of the conduit installation or excavation. M. Backfilling 1. The first 6 inches of trench backfill shall be free from rock, gravel or other material which might damage the conduit. 2. Cleaned soil backfill shall contain no solid material later than 1 inch. a. This soil layer shall be carefully compacted so that the conduit shall not be damaged. b. Backfilling shall be completed in such a manner that voids will be minimized. c. Compaction requirements will be rigid for all trenches. d. Contractor must be prepared to backfill and compact in lifts not to exceed 12 inches. e. A drop hammer and other compaction equipment as required shall be kept with each excavation crew. f. Compaction shall be 95% of Standard Proctor (maximum density) is the minimum requirement for all compaction on this project. N. Vaults 1. Conduit penetrations into vault shall be sealed to prevent the entry of gas or water. 2. Excavate, install base material, and compact base material. Compact to 95% density or as required by manufacturer. 3. Install, seal, and waterproof precast sections in accordance with manufacturer's instructions. 4. Install vaults plumb. 5. Use pre-cast grade ring sections to bring vault entrance to proper grade elevation. 6. Set the top of each vault to finished elevation. O. Warning Tape: 1. A warning tape shall be installed one foot below grade. 2. The 6 inch wide warning tape shall be a. Inert plastic film 4 mils thick b. Tensile strength of 30 pounds per 6 inch wide strip. 3. The tape shall bear a continuous printed message repeated every 36 inches. a. Imprint to read “CAUTION ELECTRIC BURIED BELOW” 4. Color is Red for electric lines 111 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 14 a. The tape shall be colored in accordance with American Public Works Association (APWA) recommended color code for marking buried lines of all types. 5. Manufacturer: a. The tape shall be Terra Tape Standard 250 manufactured by Reef Industries, Inc b. Or approved equal. P. "Pulling In" Rope: 1. Install one pulling rope in each conduit. 2. Leave 10 foot of spare rope in each vault. 9.02 Measurement and Payment Above items are based on the Unit Price identified by the bidder on the Bid Proposal. The Units are based on actual units installed, contractor to document lineal feet of conduit and trench installed. 10.00 CABLE, TERMINATIONS, SPLICES, AND OTHER ELECTRICAL MATERIALS 10.01 General Section Includes: A. Medium voltage cable. B. Products. C. Execution. 10.02 References International Electrical Testing Association: NETA ATS - Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems. 10.03 Submittals Product Data: Submit for cable, terminations, and accessories. 10.04 Closeout Submittals Project Record Documents: Record actual sizes and locations of cables. Operation and Maintenance Data: Submit instructions for testing and cleaning cable and accessories. 10.05 Delivery, Storage, and Handling The City is not responsible for storage of cable. Protect cable ends from entrance of moisture. 10.06 Medium Voltage Cable Provided by Contractor Cable to be Okonite Okoguard URO-J A. 1/0AL Cable, Part No. 163-23-4072 (See Appendix C.) 112 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 15 10.07 Medium Voltage Terminations Provided by Contractor A. 200A loadbreak elbows with inserts and test point, 25kV (Elastimold or approved equal) B. 1/0AL cable terminations with 2-hole spade, 25kV (Elastimold or approved equal) 10.08 Medium Voltage Splices Provided by contactor A. 1/0AL power cable joint, 25kV (Elastimold or approved equal) 10.09 Installation A. Examination Verify conduit, and manholes are ready to receive cable. Verify routing and termination locations of cable prior to rough-in. B. Preparation and installation 1. Use swab to clean conduits before pulling cables. 2. Avoid abrasion and other damage to cables during installation. 3. Use suitable manufacturer approved lubricants and pulling equipment. 4. Sustain cable pulling tensions and bending radii below manufacturer’s recommended limits. 5. Ground cable shield at each termination and splice. 6. Install cables in manholes along wall providing longest route. 7. Arrange cable in manholes to avoid interference with duct entrances. 8. Install Work in accordance with City of Aspen standards and industry best practice. 9. During installation inspect installed cable sections for physical damage and manufacturer defects. 10.10 Measurement and Payment Cable installation payment is based on the Unit Price identified by the bidder on the Bid Proposal. Bid Proposal units are estimated based on design quantities takeoff and may vary based on civil conduit installation lengths and alignments. Payment is based on actual units installed. Contractor is to document lineal feet of cable installed including all additional cable as requested by staff (additional coils in vaults). Separable Connections, Terminations, Splices, etc. are based on units installed and subject to acceptance testing by the City of Aspen’s designated acceptance tester, 10 additional load break elbows are included in the bid Numbers 11.00 HOT BITUMINOUS PAVEMENT (HBP) 11.01 Scope Work to be performed under this section shall include all labor, equipment, materials and miscellaneous items necessary to furnish and install one or more courses of bituminous mixture constructed on a prepared surface in accordance with the Specifications or as shown on the Drawings. The finished product shall be in 113 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 16 close conformity with the lines, grades, thickness, and typical cross sections shown on the Drawings. 11.02 Reference Standards State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 2021 Edition, Sections 401, 403 and 411. Emulsified asphalt may be a polymerized medium set HFMS-2(P) conforming to AASHTO-M140 and AASHTO test Nos. T-59, T-49 and T-150. Asphalt Cement (Polymer Modified, Type 1-D) shall be an AC-20P material. 11.03 Submittals A. Mix Design. Provide complete mix design by independent testing laboratory, including certifications of all material compliance. B. Prime Coat. Certification of material. C. Tack Coat. Certification of material. 11.04 Measurement and Payment Bituminous Pavement - shall be measured and paid to the nearest ½ ton based on tickets received from the Asphalt installer. Payment shall include all milling required for a T-Top Patch, tack coat and prime coat required. 12.00 CAST-IN-PLACE CONCRETE 12.01 Scope Work to be completed under this section shall include all labor, equipment, plant and materials necessary to furnish and install all poured-in-place concrete, together with all miscellaneous and appurtenant items, as shown on the Drawings and as specified herein. 12.02 Reference Standards Except as modified or supplemented herein, all Work shall conform to the following standards. Refer to standards for detailed requirements. ACI 605 - Recommended Practice for Hot Weather Concreting. ACI 306 - Recommended Practice for Cold Weather Concreting. Publication SP-2, ACI Manual for Concrete Inspection. ASTM A 615 - Standard Specifications for Deformed and Plain Billet Steel Bars for Concrete Reinforcement. ASTM A 185 - Specifications for Welded Steel Fabric for Concrete Reinforcement. 12.03 Submittals A. Lab Design Mix. Prior to the start of Work, Contractor to submit a statement of the proportions for the concrete mixture. Statement to include: 1. Location & identification of aggregate source. 2. Batch quantities for one (1) cubic yard of concrete, including: 114 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 17 a. Weight of fine aggregate in a saturated surface dry condition. b. Weight of coarse aggregate in a saturated surface dry condition. c. Weight or number of 94 pound bags of cement. d. Weight or gallons of water. e. Amount and description (including manufacturer, specific product name, and number) of all admixtures. 3. Test results on trial batch concrete made from the proposed mix design, including: a. Cement factor in bags per cubic yard based on yield tests. b. Water-cement ratio. c. Percent of entrained air. d. Consistency in inches of slump. e. At least three 7-day compressive strength tests. 4. Brand, type and place of manufacture of cement. 5. Aggregate test results for grading, deleterious substances and physical properties using test procedures developed by AASHTO. B. Reinforcing Steel. Product data sheet and statement of manufacturer's compliance with applicable standards. 12.04 Measurement and Payment Cast-in-place concrete shall be measured and paid for to the nearest ½ cubic yard. 13.00 FINISHED GRADING AND RESTORATION 13.01 Scope This Work shall consist of finish grading, restoration of grounds and clean- up. This shall be a continuous process from project start-up to final acceptance of the Work by the City Project Manager. 13.02 Reference Standards -City of Aspen Engineering Standards 13.03 Submittals -Not Applicable- 13.04 Measurement and Payment Clean up and restoration shall not be paid for as a separate bid item but shall be considered a part of the entire project. 14.00 REMOVE & REPLACE CONCRETE CROSS PAN: 14.01 Shall be for complete removal & disposal of excavated material, restoration & prepping of the sub-grade, and installation of 6 inch thick and up to 8 feet wide fiber reinforced class “AX” Portland Cement Concrete with no Fly Ash. 14.02 Measurement and Payment will be on square yard of concrete installed complete in place, tested and accepted by the City Project Manager. 115 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 18 15.00 PULVERIZE EXISTING PAVEMENT AND SUBGRADE: 15.01 As called for by the City, all areas shall be pulverized to 10 inch depth, fine graded to allow 4 inch depth for hot mixed asphalt pavement. All such prepared road bed shall meet or exceed 95% modified proctor density compaction tests as directed and required by the City Project Manager. All excess material shall be hauled about 5+/- miles distance and stored at the City’s snow dump site adjacent to Pitkin County shops. 15.02 Measurement and Payment shall be based on a finished square yard surface complete in place. The Contractor shall use this material in re-shouldering the paved streets under this Contract. 16.00 SUB-EXCAVATION, BACKFILLING & COMPACTION: 16.01 Unsuitable materials are not anticipated within the project limits. However, if encountered, muck, unstable or unsuitable material shall, at the discretion and direction of the City Project Manager, be removed. Removal of such material shall be to the depth and horizontal limits specified by the City Project Manager. Any such areas which are over-excavated shall be filled to the subgrade elevation with aggregate base course class 6. The backfill material shall be placed in lifts of 12" or less and compacted to a minimum of 95% density of the modified proctor test method. 16.02 Measurement and Payment The price for sub-excavation, backfill and compaction will be measured by the ton actually installed and be paid under Sub-Excavation & Backfill bid item. 17.00 HOT MIXED ASPHALT PAVEMENT (HMA): 17.01 All HMA pavement including the leveling course shall be CDOT’s grading “SX” mix with the following modifications: a) The asphalt cement shall be Type PG 70-34, referenced as Performance Graded Asphalt Binder, and specified in the Asphalt institute’s Superpave Series No. 1 (SP-1), Page 64. b) The finished pavement’s density shall be 92% to 96% based on a maximum theoretical specific gravity and under the AASHTO - T209 testing procedure. Ideally, the expected density shall be 94%. 17.02 Measurement and Payment All pavement mats will be measured and paid on the basis of finished square yard surface area installed complete in place, tested and accepted by the City, except for leveling course which will be measured and paid for the ton(s) of material complete in place . 116 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 19 18.00 RE-SHOULDERING: 18.01 Work under this Bid item includes placement of excess pulverized materials removed from the City streets under this Contract on the existing shoulders, and finish grading of the shoulders to a 4% optimum cross slope, and rolling the new shoulders for proper embedment and compaction. 18.02 Measurement and Payment shall be for square yard of finished shoulder surface area, minimum 4 inches thick. Limits of measurement and payment shall be for a 4 feet wide shoulder. 19.00 BRICK WORK (WAGNER PARK): PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Brick pavers set in aggregate setting beds. 2. Cast-in-place concrete edge restraints. 1.3 SUBMITTALS A. Product Data: For the following: 1. Clay Brick Pavers. B. Sieve Analyses: For aggregate setting-bed materials, according to ASTM C 136. C. Samples for Initial Selection: For the following: 1. Polymerics sand joint materials involving color selection. Color to be approved by Landscape Architect. D. Samples for Verification: 1. Polymeric sand joint materials. 1. QUALITY ASSURANCE 117 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 20 A. Source Limitations: Obtain each type of joint material from one source with resources to provide materials and products of consistent quality in appearance and physical properties. Obtain custom blend of clay brick pavers from single source pre-selected by City of Aspen Parks Department. B. Mockups: Build mockups to verify selections made under sample submittals and to demonstrate aesthetic effects and set quality standards for materials and execution. 1. Approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. C. Preinstallation Conference: Conduct conference at Project site to comply with requirements in Division 01 Section "Project Management and Coordination." 1.5 DELIVERY, STORAGE, AND HANDLING A. Store pavers on elevated platforms in a dry location. If units are not stored in an enclosed location, cover tops and sides of stacks with waterproof sheeting, securely tied. B. Store cementitious materials on elevated platforms, under cover, and in a dry location. Do not use cementitious materials that have become damp. C. Store aggregates where grading and other required characteristics can be maintained and contamination avoided. 1.6 PROJECT CONDITIONS A. Cold-Weather Protection: Do not use frozen materials or materials mixed or coated with ice or frost. Do not build on frozen subgrade or setting beds. Remove and replace unit paver work damaged by frost or freezing. B. Weather Limitations for Polymeric Sand: 1. Weather Requirements: Protect unit paver work against freezing when ambient temperature is 35 deg F and falling. For polymeric sand to set up properly, the temperature should be above 35 degrees for 24 hours before and 48 hours after installation. Brick surface needs to be dry at the time of installation and no rain forecasted for at least 12 hours afterwards. Protect brick pavers and polymeric sand with tarp if inclement weather occurs during installation. Follow all manufacturer's instructions for installation of polymeric sand. PART 2 - PRODUCTS 2.1 BRICK PAVERS 118 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 21 A. Brick Pavers: Light-traffic clay paving brick; ASTM C 902, Class SX, Type I, Application PX. Provide brick without frogs or cores in surfaces exposed to view in the completed work. 1. Products: Clay brick pavers have been preselected by the City of Aspen Parks Department to match brick pavers at the historic Aspen Pedestrian Mall. Subject to compliance with requirements, provide one of the following: a. Clay Brick Pavers in preselected custom “Aspen Blend.” Pavers are tumbled, full 4x8 solid pavers, Kansas Brick & Tile/Cloud Ceramics, By General Shale. Brick colors to be blended by manufacturer prior to shipping. Final selection to be determined by City of Aspen Parks Department. 2. Thickness: 2-5/8 inches 3. Face Size: 4 by 8 inches 4. Colors in custom “Aspen Blend” as selected by City of Aspen Parks Department. Colors for custom “Aspen Blend”: Black Diamond, Midnight Iron-spot, Coffee, Crimson, Red and Terracotta. B. Efflorescence: Brick shall be rated "not effloresced" when tested according to ASTM C 67. C. Temporary Protective Coating: Precoat exposed surfaces of brick pavers with a continuous film of a temporary protective coating that is compatible with brick, mortar, and grout products and can be removed without damaging grout or brick. Do not coat unexposed brick surfaces. 2.2 ACCESSORIES A. Job-Built Concrete Edge Restraints: Comply with requirements in Division 03 Section "Cast-in-Place Concrete" for normal-weight, air-entrained, ready-mixed concrete with minimum 28- day compressive strength of 3000 psi. 2.3 AGGREGATE SETTING-BED MATERIALS A. Graded Aggregate Base: CDOT Class 6. B. Sand for Leveling Course: Sound, sharp, washed, natural sand or crushed stone complying with gradation requirements in ASTM C 33 for fine aggregate. C. Polymeric Sand for Joints: Mixture of polymer binders and calibrated sand. Sand to comply with ASTM C-144. 119 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 22 D. Polymeric Sand Colors: Color to be approved by City of Aspen Parks Department. E. Separation Geotextile: Woven geotextile fabric, manufactured for separation applications; made from polyolefins or polyesters, with elongation less than 50 percent; complying with AASHTO M 288 and the following, measured per test methods referenced: 1. Survivability: Class 2; AASHTO M 288. 2. Apparent Opening Size: No. 60 sieve, maximum; ASTM D 4751. 3. Permittivity: 0.02 per second, minimum; ASTM D 4491. 4. UV Stability: 50 percent after 500 hours' exposure; ASTM D 4355. F. Water: Potable. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas indicated to receive paving, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance. 1. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Remove substances from concrete substrates that could impair mortar bond, including curing and sealing compounds, form oil, and laitance. B. Clean concrete substrates to remove dirt, dust, debris, and loose particles. C. Proof-roll prepared subgrade according to requirements in Division 31 Section "Earth Moving" to identify soft pockets and areas of excess yielding. Proceed with unit paver installation only after deficient subgrades have been corrected and are ready to receive base course for unit pavers. 3.3 INSTALLATION, GENERAL A. Do not use unit pavers with cracks, voids, discolorations, and other defects that might be visible in finished work. If pavers contain chips greater than ¼” vertical change from surface of paver unit, turn chipped edge to lie face down on setting bed. Do not use pavers if both surfaces contain chips greater than ¼” vertical change from surface of paver. B. Pavers to be pre-mixed by brick vendor and/or manufacturer to produce uniform 120 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 23 blend of colors and textures during installation. C. Cut unit pavers to provide pattern indicated and to fit adjoining work neatly. Use full units without cutting where possible. D. Exercise care in handling coated brick pavers to prevent coated surfaces from contacting backs or edges of other units. Remove coating from bonding surfaces before setting brick. E. Joint Pattern: As indicated on plan. F. Tolerances: Do not exceed 3/16 inch unit-to-unit offset from flush (lippage) nor 1/8 inch in 10 feet from level, or indicated slope, for finished surface of paving. G. Provide edge restraints as indicated. Install edge restraints before placing unit pavers. 1. Install job-built concrete edge restraints to comply with requirements in Division 03 Section "Cast-in-Place Concrete." 3.4 AGGREGATE SETTING-BED APPLICATIONS A. Compact soil subgrade uniformly to at least 95 percent of ASTM D698 standard proctor density. B. Proof-roll prepared subgrade to identify soft pockets and areas of excess yielding. Excavate soft spots, unsatisfactory soils, and areas of excessive pumping or rutting, as determined by Architect, and replace with compacted backfill or fill as directed. C. Place separation geotextile over prepared subgrade, overlapping ends and edges at least 12 inches. D. Place aggregate base, compact by tamping with plate vibrator, and screed to depth indicated. E. Place aggregate base, compact to 95 percent of ASTM D698 standard proctor density, and screed to depth indicated. F. Place drainage geotextile over compacted base course, overlapping ends and edges at least 12 inches. G. Place leveling course and screed to a thickness of 1-1/2 inches, taking care that moisture content remains constant and density is loose and constant until pavers are set and compacted. H. Treat leveling course with herbicide to inhibit growth of grass and weeds. I. Set pavers with a minimum joint width of 1/16 inch and a maximum of 3/16 inch, 121 City of Aspen - Special Conditions - Part 2 - Technical Specifications for Construction Contracts SC2-971.doc SC2 Page 24 being careful not to disturb leveling base. Use string lines to keep straight lines. Fill gaps between units that exceed 3/8 inch with pieces cut to fit from full-size unit pavers. 1. When installation is performed with mechanical equipment, use either unit pavers with spacer bars on sides of each unit or space pavers using paving spacer inserts. J. Vibrate pavers into leveling course with a low-amplitude plate vibrator capable of a 3500- to 5000-lbf compaction force at 80 to 90 Hz. Perform at least three passes across paving with vibrator. Vibrate under the following conditions: 1. After edge pavers are installed and there is a completed surface or before surface is exposed to rain. 2. Before ending each day's work, fully compact installed concrete pavers to within 36 inches of the laying face. Cover pavers that have not been compacted, and leveling course on which pavers have not been placed, with nonstaining plastic sheets to protect them from rain. K. Spread dry polymeric sand and fill joints immediately after vibrating pavers into leveling course. Vibrate pavers and add sand until joints are completely filled, then remove excess sand. Follow manufacturer's instructions for polymeric sand installation. L. Do not allow traffic on installed pavers until sand has been vibrated into joints. 3.5 REPAIRING, POINTING, AND CLEANING A. Remove and replace unit pavers that are loose, chipped, broken, stained, or otherwise damaged or that do not match adjoining units. Provide new units to match adjoining units and install in same manner as original units, with same joint treatment and with no evidence of replacement. B. Cleaning: Remove excess jointing material from exposed paver surfaces. 1. Remove temporary protective coating from brick pavers as recommended by protective coating manufacturer and as acceptable to unit paver and grout manufacturer. Trap and remove coating to prevent it from clogging drains. 122 Project No.: 2023-436 City of Aspen Qualification Statement 1. Fi� Name, Business Address, Contact Person & Telephone NUlllber: 2. Year Present Firm Established: 4. Type of Ownership: 5.Names of not more than two principals to contact: Title/Telephone: a) David Wright Vice President Preconstruction 303-819-5423 b) Jason Wheeler Vice President Operations 719-235-0856 6.Project Examples, Last 5 Years: Project Name, Location & Brief Description: Owner's Name, Address & Telephone: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. QSl-971.doc *QSl 3.Date This Form Prepared: 1/25/24 A.Small Business B.Minority Owned C.Women Owned none Cost of Work Date (X $1,000) Completed E Light Electric Services, Inc. 361 Inverness Drive South, Suite B Englewood, CO 80112 Justin Maxwell 720-273-9078 1998 Corporation Sun Streams Phoenix, AZ installation of electrical on solarproject First Solar 28101 Cedar Park BlvdPerrysburg, Ohio 43551 $26,998,231 November 2019 Sky Ridge Medical Center OR Expansion Lone Tree, CO Electrical installation of operating room equipment. HCA 1719 East 19th Ave Denver,CO 80218 $1,007,266 March 2023 Radian Solar Texas Full electrical and racking for 300MWSolar project Intersect Power $31,995,000 June 2023 UCH Surface parking lot Denver, CO Electrical on all the lights in the parking lot. UC Health $913,700 Aug 2023 Windcrest Lone Tree, CO Full electrical for units in a retirement facility. Erickson Living 3235 Mill Vista Road Highlands Ranch, CO 9548 Park Meadows DrLone Tree, CO 80124 9450 SW Gemnini DriveBeaverton, OR $5,437,077 April2021 Adams 12 School Colorado Springs, CO Full electrical replacement of lighting and fire alarm Adams 12 1500 E 128th Avenue. Thornton. CO. 80241 $316,750 March 2021 123 Wells Fargo Priscilla Lucero 303-863-6212 Blazer Alan Hazlett 719-596-1333 Rexel Brandon Gustofson 303-532-9432 McClure Hill Cory Collins 720-771-8791 Miller Group Tessa Turner We have an A+ rating and our bond cost is 0.5% rate per $1,000 of contract the first $100,000 is 6.50. Please let us know if you want more information We have single $75,000,000 and $150,000,000 aggregate. Jennifer McKowen Business Development and Marketing 124 BP1-971.doc *BP1 Page 1 __________________ Contractor’s Initials BID PROPOSAL FORM PROJECT NO.: 2023-436 BID DATE: January 12th, 2023 PROJECT: Puppy Smith Switch Station Upgrades PROPOSAL SUBMITTED BY: CONTRACTOR CONTRACTOR’S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre- construction conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. 125 BP1-971.doc *BP1 Page 2 __________________ Contractor’s Initials The City shall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work, including furnishing all materials, equipment and tools, and performing all labor and supervision to fully complete the work to the City’s satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages, anticipated profit, or otherwise on account of any differences between the amount of work actually performed and materials actually furnished and the estimated amount of work. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five (25) Percent of the total bid. By signing this document, Contractor certifies and represents that at this time: (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 it does not employ illegal aliens. I hereby acknowledge receipt of ADDENDUM(s) numbered through . 126 BP1-971.doc *BP1 Page 3 __________________ Contractor’s Initials ESTIMATED QUANTITY LIST 127 DescriptionQuantity Quantity TypeMaterials Cost (Each)Labor & Misc. Cost (Each)Materials Total Cost (Item) Labor & Misc. Total Cost (Item) Total Cost (Item)1Traffic Control1 LOT 5,000.00$ 12,969.00$ 5,000.00$ 12,969.00$ 17,969.00$ 2 Removal of Structures and Obstructions 1 LOT 33,225.00$ 43,208.00$ 33,225.00$ 43,208.00$ 76,433.00$ 3 Mobilization, Bonds1 LS 3,255.00$ 13,792.00$ 3,255.00$ 13,792.00$ 17,047.00$ 4 Trenching for new gas line100 LF 44,451.00$ 12,969.00$ 44,451.00$ 12,969.00$ 57,420.00$ 5 Site prep including ( Tree removal, fence removal, timber retaining wall removal) 1 LS 41,161.00$ 17,292.00$ 41,161.00$ 17,292.00$ 58,453.00$ 6 Procure and Install Transformer Vault 1 ea 8,281.00$ 2,882.00$ 8,281.00$ 2,882.00$ 11,163.00$ 7 Procure and Install ISG Vault1 ea 2,000.00$ 8,024.50$ 2,000.00$ 8,024.50$ 10,024.50$ 8 Procure and Install Meter Cabinet Vault 1 ea 2,000.00$ 8,024.50$ 2,000.00$ 8,024.50$ 10,024.50$ 9 Pour Generator Pad with all Stubouts1 ea 7,500.00$ 2,882.00$ 7,500.00$ 2,882.00$ 10,382.00$ 10 Set electrical Equipment and Generator 1 LS 11,610.00$ ‐$ 11,610.00$ 11,610.00$ 11 Earthwork and Backfill ( Including compacting and testing) 1 LS 9,253.20$ 18,444.80$ 9,253.20$ 18,444.80$ 27,698.00$ 12 Timber retaining Wall reconstruction1 LS 25,780.00$ 5,187.60$ 25,780.00$ 5,187.60$ 30,967.60$ 13 Screening Fence and Gate construction 1 23,610.40$ 7,781.40$ 23,610.40$ 7,781.40$ 31,391.80$ 14 Restoration (including asphalt ROW, concrete, sidewalks, curbs, gutters, pavers, landscaping, etc.) 1 LS 10,000.00$ 7,093.80$ 10,000.00$ 7,093.80$ 17,093.80$ 15 Stormwater Management BMP1 LOT 3,850.00$ 2,882.00$ 3,850.00$ 2,882.00$ 6,732.00$ ‐$ ‐$ ‐$ 16 T‐Body Elbow with test point, Dead‐Break, 25Kv, 600A, Bimetal, 500 kcmil Stranded, Full kit with cap 21 LF 308.40$ 893.54$ 6,476.40$ 18,764.34$ 25,240.74$ 17 T‐Body Elbow with test point, Dead‐Break, 25Kv, 600A, Bimetal, 1/0 AWG Stranded, Full kit with cap 9 LF 307.00$ 812.32$ 2,763.00$ 7,310.88$ 10,073.88$ 18 Connecting Plug, 15/25 kv 5/8‐11 Thread, Cap and factory Installed Stud, AL 3 ea 124.20$ 107.65$ 372.60$ 322.95$ 695.55$ 19 Arrester, Surge 25kv Class, 15.3 mcov, 600A T‐Body Elbow 21 ea 1,045.98$ 215.31$ 21,965.58$ 4,521.51$ 26,487.09$ 20 Single Conductor Cable, 25Kv, 500kcmil AL, Full Concentric Neutral, 105C, 100% EPR Ins. 200 ft 17.35$ 4.81$ 3,470.00$ 962.00$ 4,432.00$ 21 Single Conductor Cable, 25Kv, 1/0 AWG AL, Full Concentric Neutral, 105C, 100% EPR Ins. 150 ft 8.61$ 3.72$ 1,291.50$ 558.00$ 1,849.50$ 22 Single conductor Cable, 600V, 4/0 AWG CU 75C, URD or Equal 200 ft 10.08$ 4.12$ 2,016.00$ 824.00$ 2,840.00$ 23 Multi‐Conductor Cable 600V, 12C #12 CU 75C, LSZH 200 ft 6.40$ 0.89$ 1,280.00$ 178.00$ 1,458.00$ 24 12‐Strand Multi Mode Fiber Optic Conductor 150 ft 2.82$ 0.89$ 423.00$ 133.50$ 556.50$ 25 Fusion splice Fiber Termination Kit1 ft 600.00$ 2,000.00$ 600.00$ 2,000.00$ 2,600.00$ 26Safety Switch: 2‐Pole 600V Class 400A Frame, (2)‐4/0 Terminations per Pole, 300A Fuses, W/ Solid Nuetral Bonding Kit1 ft 919.49$ 1,075.00$ 919.49$ 1,075.00$ 1,994.49$ 27 UPS: 4‐Hr/10 KVA 120/240 VAC Output 1 ea 1,334.00$ ‐$ 1,334.00$ 1,334.00$ 28Electrical Shop Stocks: Standard Electrician Supplies Req'd for a complete indoor electrical installation including modifications to AC Panel and ATS, and UPS Installation1 ls 700.00$ 1,663.00$ 700.00$ 1,663.00$ 2,363.00$ 29 Grounding Conductor, 4/0 AWG, 19‐Strand CU 200 ft 5.27$ 2.35$ 1,054.00$ 470.00$ 1,524.00$ 30 Grounding Conductor, #6 AWG, Soft Drawn CU, Tinned 100 ls 0.72$ 0.89$ 72.00$ 89.00$ 161.00$ 31CLAMP, COPPER OR BRONZE COMPRESSION PARALLEL, 4/0 TO 4/0, SUBRADE LISTED25 ls 17.34$ 30.00$ 433.50$ 750.00$ 1,183.50$ 32 Nema Two‐Hole Hylug Tin‐plated, CU Compression Terminal 4/0 CU 10 ls 6.12$ 30.00$ 61.20$ 300.00$ 361.20$ 33 Ground Clamp‐ Copper or Bronze, 3/4 In Ground Rod to 4/0 Stranded conductor, Subgrade Listed 15 ls 17.28$ 30.00$ 259.20$ 450.00$ 709.20$ 34 Ground Rod‐ 3/4 In x 10 Foot, Copper Clad Steel CCS 12 ea 93.00$ 60.00$ 1,116.00$ 720.00$ 1,836.00$ 35 2" Conduit Schedule 40 PVC100 ft 15,410.00$ 5,187.60$ 15,410.00$ 5,187.60$ 20,597.60$ 36 4" Conduit Schedule 40 PVC100 ft 15,950.00$ 5,187.60$ 15,950.00$ 5,187.60$ 21,137.60$ 37 6" Conduit Schedule 40 PVC100 lf16,390.00$ 5,764.00$ 16,390.00$ 5,764.00$ 22,154.00$ 38 Rigid Galvanized Steel Conduit (Above Grade Control Circuits where Required 1 ls 500.00$ 888.30$ 500.00$ 888.30$ 1,388.30$ 39 2" Bushings, Clamps, Nuts, Etc. Sufficient for a complete install 1 ls 250.00$ 393.30$ 250.00$ 393.30$ 643.30$ 40 2" Raw Flex or Premanufactured Whips As required to Facilitate any Non‐Linear, Above grade Transitions 1 ls 250.00$ 419.40$ 250.00$ 419.40$ 669.40$ 41 Service Entrance Rated ATS Installation 1 ls 313.00$ 1,024.20$ 313.00$ 1,024.20$ 1,337.20$ 42 Comissioning All Devices ( Coordination with manufacturers to commission Generator, RTAC, ISG, Etc. ) 1 ls 8,646.00$ ‐$ 8,646.00$ 8,646.00$ ‐$ ‐$ ‐$ Material Cost Total 313,703.07$ Labor & Misc. Total Cost 244,979.18$ ‐$ Project Total 558,682.25$ 558,682.25$ 128 129 130 131 132 NA1-971.doc NA1 NOTICE OF INTENT TO AWARD Date: February 15th, 2024 RE: Puppy Smith Switch Station Upgrades Justin Maxwell E Light Electric Services, Inc. 361 Inverness Dr. South, Suite B Englewood, CO 80112 Dear Mr. Maxwell: All proposals received were evaluated in accordance with the criteria set forth in the Request for Proposals and a determination was made that E Light Electric Services Inc.’s proposal was the most responsible and responsive proposal. Accordingly, the City of Aspen hereby accepts your proposal to perform the work outlined in the request for proposals for an amount not to exceed Five Hundred Fifty-Eight Thousand Six Hundred Eighty-Two Dollars and Twenty-Five Cents. ($558,682.25), subject to approval by the Aspen City Manager or Aspen City Council. In accordance with the provisions set forth in the Instructions to Offerors of Professional Services, you must comply with the following conditions precedent within seven (7) consecutive calendar days of the delivery of this notice: 1. You must deliver a signed copy of the Contract For Construction. 2. You must deliver proof of insurance coverages as specified in the Agreement. 3. You must deliver one copy each of the Vendor Request form and W9 (if requested). 4. You may need to obtain a license to do business within the City of Aspen. Please contact the City of Aspen Finance department. Failure to comply with these conditions within the specified time will entitle the City of Aspen to consider your Proposal abandoned, to annul this Notice of Award. Within seven (7) days after you comply with these conditions or following the City Council approval, whichever occurs last, the City of Aspen will return to you one fully signed counterpart of the contract, together with a “Notice to Proceed”. Thank you for your Proposal and congratulations on being the successful proposer on this project. Sincerely, Andy Rossello, P.E. Project Manager III 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 MB1-971.doc **MB1 Page: 1 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as __________________________________, of _______________________________________, as Principal, hereinafter referred to as "Principal", and ______________________________________________________________________________________ , a corporation organized under the laws of the State of ____________________________ , and qualified to transact business in the State of Colorado, as "Surety" are held and firmly bound unto the City of Aspen, Colorado, as obligee, hereinafter referred to as "City," in the penal sum of: ______________________________________________________________________________________ Dollars ($_____________________), lawful money of the United States of America, for the Payment of which sum, well and truly to be made to the City, we bind ourselves, and our heirs, executors, administrators, successors, and assignees, jointly and severally, by these presents: WHEREAS, said Principal has entered into a written Contract with the obligee dated ___________________, for furnishing all equipment, labor, tools and materials for: _____________________________________________________ in accordance with detailed plans and specifications on file in the office of the City Clerk of said City, a copy of which Contract is attached hereto and made a part hereof. NOW THEREFORE, The conditions of the foregoing obligations are such that if the said Principal shall well and truly perform all the covenants and conditions of this Contract on the part of said Principal to be performed, and repair or replace all defects for a period of two year(s) as provided herein, and protect and save harmless the City of Aspen, Colorado, from all loss and damages to life or property suffered or sustained by any person, firm or corporation, caused by said Principal or his agents or his employees, in the performance of said work, or by, or in consequence of any negligence, carelessness, or misconduct in guarding and protecting same, or from any improper or defective equipment or materials used in the work, or other damages, costs and expenses and set forth in such Contracts, then this obligation shall be void otherwise to remain in full force and effect in law. This Bond guarantees that the material and equipment furnished and used, and workmanship employed in the performance of the work described in this Contract will be of such character and quality as to insure it to be free from all defects and in continuous good order and in a condition satisfactory to the Governing Body of the City of Aspen for a period of two year(s) from the date of the issuance of the Certificate of Completion. This Bond guarantees that the said Principal will keep and maintain the subject work without additional charge or cost to the City of a period specified, and make such repairs or replacement of any defective construction as the City may deem necessary. 158 MB1-971.doc **MB1 Page: 2 The said Principal shall not be required to maintain any part of the improvement under this guarantee which, after its completion and acceptance shall have been removed or altered by the City or its agent. SIGNED AND SEALED this day of ________________________________, 20___. PRINCIPAL: (seal) By: Attest: Title: SURETY: ________________________________________________________________________________ (seal) By: Attest: Title: (Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bond.) 159 NOTICE TO PROCEED Date: ______________ Project Number: 2023-436 RE: Puppy Smith Switch Station Upgrades Dear ________ : Enclosed please find an executed copy of the Contract Documents for the above-referenced project. You are hereby notified to proceed according to the Scope of Work and to coordinate with the Project Manager, Andy Rossello. If you have any questions concerning this project please do not hesitate to call (970) 429-1999. Again, thank you for your bid and your continued interest in this project. Sincerely, CITY OF ASPEN By: Project Manager III cc: City Manager City Attorney Finance Department 160 ENG-304 DCL1 Daily Construction Log Puppy Smith Switch Station Upgrades, Aspen, Colorado 81611 PROJECT # BID # PROJECT TITLE: PROJECT LOCATION: DATE: PAGE OF WEATHER: TRAFFIC CONDITIONS: WORKING DAYS USED WORKING DAYS LEFT CONTRACTOR : SUPERINTENDENT: INSPECTOR: BID ITEM DESCRIPTION CONTRACT QUANTITY TODAY’S QUANTITY TOTAL TO DATE SUMMARY OF TODAY’S WORK AND COMMENTS: CONTRACTOR: CITY INSPECTOR: DATE: 161 APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 AMENDED PAGE 1 OF 2 PAGES TO OWNER:PROJECT:APPLICATION NO:1 Distribution to:Puppy Smith Switch Station Upgrades APPLICATION DATE: OWNER PERIOD TO: CONTRACT FOR: Puppy Smith Switch Station Upgrades FROM CONTRACTOR: PROJECT NO.: CONTRACT DATE: CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. 1.ORIGINAL CONTRACT SUM 2.Net change by Change Orders 3.CONTRACT SUM TO DATE (Line 1 +2) The undersigned Contractor certifies that to the best of the Contractor's knowledge, infor- mation and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and pay- ments received from the Owner, and that current payment shown herein is now due. CONTRACTOR: 4.TOTAL COMPLETED & STORED TO DATE Date: 5.RETAINAGE: a.5%% of Completed Work $ b.5%% of Stored Material $ Total Retainage (Line 5a + 5b)$ By: 6.TOTAL EARNED LESS RETAINAGE $ (Line 4 less Line 5 Total) 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate)$ 8.CURRENT PAYMENT DUE $ 9.BALANCE TO FINISH, INCLUDE RETAINAGE (Line 3 less Line 6)$ CONSTRUCTION MANAGER'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED $ (Attach explanation if the amount certified differs from the amount applied for. Initial CHANGE ORDER SUMMARY all figures on this Application and on the Continuation Sheet that are changed to Total changes approved in conform to the amount certified.) previous months by Owner $0.00 $0.00 Total approved this Month $0.00 BY:BY: DATE:DATE: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- TOTALS $0.00 $0.00 tractor named herein. Issuance, payment and acceptance of payment are without NET CHANGES by Change Orders $0.00 prejudice to any rights of the Owner or Contractor under this Contract. City of Aspen c/o Andy Rossello, P.E. ADDITIONS DEDUCTIONS $ $ $ $ 2023-436 162 PUPPY SMITH SWITCH STATION UPGRADESPAY APPLICATION Description Quantity Quantity TypeMaterials Cost (Each)Labor & Misc Cost (Each)Labor & Mat'ls Total Cost (Item)Previous Applicatons This Application Materials StoredTotal Completed and stored to date Balance to finish1Traffic Control1 LOT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.002Removal of Structures and Obstructions1 LOT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.003Mobilization, Bonds1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.004Trenching for new Gas Line100 LF $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.005Site Prep including (Tree removal, Fence removal, Timber Retaining Wall Removal) 1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.006 Procure and install Transformer Vault1 ea $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.007 Procure and install ISG Vault1 ea $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.008 Procure and Install Meter Cabinet Vault1 ea $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.009 Pour Generator Pad with all Stubouts1 ea $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0010 Set Electrical Equipment and Generator 1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0011 Earthwork and Backfill (including compacting and testing) 1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0012 Timber Retaining Wall Reconstruction 1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0013 Screening Fence and Gate Construction1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0014Restoration (including asphalt ROW, concrete, sidewalks, curbs, gutters, pavers, landscaping, etc.) 1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0015 STORMWATER MANAGEMENT BMP 1 LOT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00Electical & Controls Installation‐‐16T-BODY ELBOW WITH TEST POINT, DEAD-BREAK, 25 kV, 600 A, BIMETAL, 500 KCMIL STRANDED, FULL KIT WITH CAP21 LF $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0017T-BODY ELBOW WITH TEST POINT, DEAD-BREAK, 25 kV, 600 A, BIMETAL, 1/0 AWG STRANDED, FULL KIT WITH CAP9 LF $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0018CONNECTING PLUG, 15/25 KV, 5/8-11 THREAD, CAP AND FACTORY INSTALLED STUD, AL3 EA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0019ARRESTER, SURGE, 25 KV CLASS, 15.3 KV MCOV, 600A T-BODY ELBOW21 EA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0020SINGLE-CONDUCTOR CABLE, 25 KV, 500 KCMIL ALUMINUM, FULL CONCENTRIC NEUTRAL, 105C, 100% EPR INS.200 FT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0021SINGLE-CONDUCTOR CABLE, 25 KV, 1/0 AWG ALUMINUM, FULL CONCENTRIC NEUTRAL, 105C, 100% EPR INS.150 FT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0022SINGLE-CONDUCTOR CABLE, 600 V, 4/0 AWG COPPER, 75C, TYPE URD OR EQUAL200 FT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0023MULTI-CONDUCTOR CABLE, 600 V, 12C #12 COPPER, 75C, LSZH (HALOGEN-FREEN) RATED200 FT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.002412-STRAND MULTI MODE FIBER OPTIC CONDUCTOR150 FT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0025FUSION SPLICE FIBER TERMINATION KIT1 ea $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0026SAFETY SWITCH: 2-POLE, 600 V CLASS, 400 A FRAME, (2)-4/0 TERMINATIONS PER POLE, 300 A FUSES, WITH SOLID NEUTRAL BONDING KIT1 ea $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0027UPS: 4-HR/10 KVA, 120/240 VAC OUTPUT1 ea $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0028ELECTRICAL SHOP STOCK: STANDARD ELECTRICIAN SUPPLIES REQUIRED FOR A COMPLETE INDOOR ELECTRICAL INSTALLATION INCLUDING MODIFICATIONS TO AC PANEL AND ATS, AND UPS INSTALLATION1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0029GROUNDING CONDUCTOR, 4/0 AWG, 19-STRAND COPPER 200 FT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0030GROUNDING CONDUCTOR, #6 AWG SOFT DRAWN COPPER, TINNED1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0031CLAMP, COPPER OR BRONZE COMPRESSION PARALLEL, 4/0 TO 4/0, SUBRADE LISTED1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0032NEMA TWO-HOLE HYLUG TIN-PLATED, COPPER COMPRESSION TERMINAL, 4/0 CU1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0033GROUND CLAMP - COPPER OR BRONZE, 3/4-INCH GROUND ROD TO 4/0 STRANDED CONDUCTOR, SUBGRADE LISTED1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0034GROUND ROD - 3/4-INCH X 10-FOOT, COOPER CLAD STEEL (CCS)12 ea $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00352" Conduit Schedule 40 PVC100 FT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00364" Conduit Schedule 40 PVC100 FT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00376" Conduit Schedule 40 PVC100 LF $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0038RIGID GALVANIZED STEEL CONDUIT (ABOVE-GRADE CONTROL CIRCUITS WHERE REQUIRED)1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00392" BUSHINGS, CLAMPS, NUTS, ETC. SUFFICIENT FOR A COMPLETE INSTALLATION1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00402" RAW FLEX OR PREMANUFACTURED WHIPS AS REQUIRED TO FACILITATE ANY NON-LINEAR, ABOVE-GRADE TRANSITIONS1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0041 Service Entrance Rated ATS Installation 1 LS $0.00 $0.00 $0.00 $1.00 $0.00 $0.00 $0.00 $0.0042 Comissioning All Devices (coordination with manufacturers to commission Generator, RTAC, ISG, etc.)1 LS $0.00 $0.00 $0.00 $2.00 $0.00 $0.00 $0.00 $0.00Labor Cost TotalLabor and Materia Cost Total $0.00$0.00$0.00Project TOTALLabor & Misc. Cost TOTALREVISION: 0DESCRIPTION: ISSUED FOR CONSTRUCTIONDATE: 2022‐02‐03Sheet 1 of 1163 Change Order Form Revision 12/08/2021 Page 1 of 2 Change Order Form General Information Vendor Change Order Number Date of Issuance Project Name Project Number Project Completion Date Project Manager COA Account Code Project Information Description Of Service Description Of Change Order Contract Information Original Contract Amount $ Previous Change Order(s) $ 164 Change Order Form Revision 12/08/2021 Page 2 of 2 Change Order Amount (If Over 50k Change Order To Be Presented To Council For Approval) $ Final Contract Amount (Including All Change Orders) $ Revised Completion Date Signature 1. Contractor (Required) 2. Project Manager (Required) 3. Department Head (Required) 4. Procurement Officer (Required) 5. City Attorney (Required Based On Value Of Thresholds) 6. City Manager (Required Based On Value Of Thresholds) Original contract, if applicable all other change orders, and vendor quote for requested change order must be attached to this document. For additional information: See Procurement Policy “Change Orders And Add Services Request” (page 30). 165 ***CR2 CLAIM RELEASE Sub-Contractor For valuable consideration, the sufficiency of which is hereby acknowledged, the undersigned Sub- Contractor hereby releases the City of Aspen and waives all rights to file a claim for labor, services, machinery, tools, equipment, or materials furnished prior to , while engaged as a Sub-Contractor to _____________________________, the Contractor, for the work on the Project, in the City of Aspen, Pitkin County, Colorado. Furthermore, the undersigned waives any and all rights the undersigned may have to file a lien, notice of claim, lis pendens or legal action against the City of Aspen, pursuant to Section 38-26-107, C.R.S., or to make any claim whatsoever against the City of Aspen, or its bond, for labor services, supplies, machinery, tools, equipment or materials furnished in connection with the above described work.. In the event an employee or agent or other person hired by the undersigned Sub-Contractor to perform the work under the contract brings a claim against the City of Aspen for payment of labor or materials, or both, the undersigned Sub-Contractor agrees to indemnify the City of Aspen and to satisfy fully any such claim brought against the City of Aspen, its employees and officers. Attest: Corporate Seal Sub-Conntractor By: STATE OF COLORADO ) ) SS. COUNTY ) Before me , a notary public and for County, Colorado personally appeared known to me personally to be the person(s) whose signature(s) in my presence this day of , A.D. 20 . My commission expires: (Seal) Notary Public CR2.971.DOC 166 ***CR2 CLAIM RELEASE Contractor For valuable consideration, the sufficiency of which is hereby acknowledged, the undersigned Contractor hereby releases the City of Aspen and waives all rights to file a claim for labor, services, machinery, tools, equipment, or materials furnished prior to , while engaged as a Contractor for the work on the _____________________ Project, in the City of Aspen, Pitkin County, Colorado. Furthermore, the undersigned waives any and all rights the undersigned may have to file a lien, notice of claim, lis pendens or legal action against the City of Aspen, pursuant to Section 38-26-107, C.R.S., or to make any claim whatsoever against the City of Aspen, or its bond, for labor services, supplies, machinery, tools, equipment or materials furnished in connection with the above described work.. In the event an employee or agent or other person hired by the undersigned Contractor to perform the work under the contract brings a claim against the City of Aspen for payment of labor or materials, or both, the undersigned Contractor agrees to indemnify the City of Aspen and to satisfy fully any such claim brought against the City of Aspen, its employees and officers. Attest: Corporate Seal Conntractor By: STATE OF COLORADO ) ) SS. COUNTY ) Before me , a notary public and for County, Colorado personally appeared known to me personally to be the person(s) whose signature(s) in my presence this day of , A.D. 199 . My commission expires: (Seal) Notary Public CR1.971.DOC 167 ***CR2 PROJECT CLOSURE FORM ADVERTISEMENT AND FINAL ACCEPTANCE Date: _______________ Contact Person Company Address City, State Zip Re: Puppy Smith Switch Station Upgrades City Project #: 2023-436, Bid #: You are hereby notified that the following advertisement for Final Payment appeared in a local newspaper dated . "After thirty (30) consecutive calendar days from the date of second publication for project closure and release of retainage, the City of Aspen will pay to Contractor's Name, Contractor, the full retainage on the project. All persons having claims for labor, rentals, services, or materials furnished under this Contract, who shall not have been paid therefore, shall present the same to the City of Aspen in writing and verified prior to date specified above, or the City of Aspen shall be free of all obligations and liabilities for attempting to withhold payment to the Contractor." Subject to the terms of the Contract Documents the Final Payment will be attached and forwarded in the amount of ($____). Acceptance of which the Contractor thereby warrants that all persons doing work upon or furnishing materials for work under this Agreement have been paid in full. Failure to sign, approve and return one copy of this form, or to protest, within ten (10) consecutive calendar days constitutes proof of receipt and acceptance by the Contractor of the final amount due under the Agreement. Please acknowledge by your signature below that the final amount of the Contract was paid and that the terms and conditions set forth above and in the Contract Documents relating to final payment are understood and accepted. Contractor CLOSURE1.doc 168 _________________________________________________________________________________________________________ APA APPENDIX A: Plan Drawings 169 XELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXEL2.00%2.11%2.11%ELEV 7858.9 FGELEV 7858.1 FGELEV 7858.2 FGELEV 7859.0 FGPROPOSED RETAINING WALL.SEE SECTION "A" THIS SHEETPROPOSED RETAINING WALLEXISTING MULTI-PURPOSE TRAIL27.5'11.2'PROPOSED GATEELEV 7856.0 EGELEV 7858.9 EGELEV 7858.1 EGPROPOSED LIMITS OF DISTURBANCESE-EX-EDGE PLOWED AREASE-EX-RETAINWALLUPSSERVERRACKRELOCATED75 KVATRANSFORMERPMCEXISTINGHOLY CROSSPMH-13GENSETISG SWGREXISTING ELECTRICAL STRUCTURECONCRETE PAD (TYP)EXISTING UNDERGROUND ELECTRIC LINE(TYP)EXISTING UNDERGROUND ELECTRIC LINE(TYP)PROPOSED LANDSCAPINGEXISTING BUILDINGOVERHANGPROPOSEDUNDERGROUNDCONDUIT (TYP)GENERATOR SET FOUNDATIONSEE SHEET C-303EXISTING UNDERGROUND ELECTRIC LINE(TYP)7858 .07851.07851.07858.6 7858.8 7858.2 7858.4 7858.67858.87858.67858.87858.47858.2PROPOSED FENCE4:1EXISTING EDGE OFBUILDINGFINAL GRADE AT BOTTOM6"x8"x2'-0" LONG TIMBERDEAD-MAN (TYP)6"x8"x4'-0" LONG TIMBERTIE-BACK STAGGERED ATMAX 8'-0" SPACING (TYP)8"x6"TIMBER (TYP)8"TYP1/2" (TYP)6" TYP(2) 10" HDG SPIKES (TYP)8"MINCOMPACTED NATIVESOIL (TYP)4"MIN4" MIN1/2"Øx2'-6" LONG HDG STEEL RODANCHOR AT MAX 2'-0" SPACINGFINAL GRADE AT TOPCOMPACTED CRUSHEDSTONE BACKFILL (TYP)C-100ANTSTYPICAL SECTION OF RAILROAD TIE RETAINING WALLC-100CC-100B8"6" 6"6"x8"x2'-0" LONGTIMBER DEAD-MAN6"x8"x4'-0" LONG TIMBER TIE-BACKSTAGGERED AT MAX 8'-0" SPACING(2) 10" HDG SPIKESC-100BNTSTYPICAL SECTIONC-100CNTSTYPICAL SECTION6"x8"x4'-0" LONG TIMBERTIE-BACK STAGGERED ATMAX 8'-0" SPACING (TYP)(2) 10" HDG SPIKES (TYP)FINAL GRADE AT TOP8'-0" MAXTYP8'-0" MAXTYP6" TYP 2'-0" MAXTYP10" HDG SPIKE STAGGEREDAT MAX 2'-0" SPACING (TYP)4'-0" MAXTYPHEIGHT VARIES MAX 4'-0"1'-0" MAXTYP4"Ø PERFORATEDPLASTIC DRAIN PIPE6"x8" TIMBER (TYP)FINAL GRADE AT BOTTOM1/2"Øx2'-6" LONG HDG STEEL RODANCHOR AT MAX 2'-0" SPACING (TYP)2'-0" MAXTYP10" HDG SPIKESTAGGERED AT MAX2'-0" SPACING (TYP)– 143 UNION BOULEVARD, SUITE 700LAKEWOOD, CO 80228303.462.1100100010001000LEGEND:PROPOSED ACCESS DRIVEPROPOSED CONTOUR MAJORPROPOSED CONTOUR MINOREXISTING CONTOUR MAJOREXISTING CONTOUR MINOREXISTING SPOT ELEVATIONPROPOSED SPOT ELEVATIONLIMITS OF DISTURBANCEELEV 7858.2 FGELEV 7858.2 EG2.52%PROPOSED SURFACE SLOPEMATERIAL SUMMARYPAD STRIPPING: 62.1 C.Y. ,ASSUME: 6" STRIPPING DEPTHCUT: 1.5 C.Y.FILL: 59.3 C.Y.NET: 57.8 C.Y. FILL **USE 15% SHRINKAGE FACTOR170 – 171 – 172 XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XELXELXELXELXELXELXELXELXELXELXEL XEL XEL XEL XWL XWL XWL XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XTV XTV XTV XTV XTV XTV XTVXTVXTVXEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XELXELXELXELXELXELXELXELXELXWLXWLXWLXWLXWLXWLXWLXWLXWLXWL– 173 99 1/2"7X 102"100 3/4"93 1/2"87 1/2"81 1/2"75 1/2"69 1/2"63 1/2"57 1/2"51 1/2"45 1/2"39 1/2"33 1/2"27 1/2"21 1/2"15 1/2"9 1/2"7X 1"3 1/2"2 1/4"0"0"9X 1 1/4"3X 2"2X 5"2X 13"2X 21"25 3/8"2X 30"2X 38"2X 48"8X 58 3/4"174 NON-REMOVABLE22.13SEE NOTE 1 FORBUSHING WELLINSTALLATION32.8814.75REMOVABLE38.0030.004.00SIDE GROUNDING NUTSARE PLACED 4"UP & 6"BACK FROM THE FRONTIN THE 25KV UNITS.(ELBOW SIDE)6.0020.0454.00SECTION B-B4.0014.75TRANSFORMERS ARECUSTOMER SUPPLIED,INSTALLED, & WIRED175 176 – 177 UPS INPUT AC INPUT UPS REAR VIEW AC OUTPUT – 178 NOTES: 1. MOUNT PDU TO RMPDU BRACKET. 0 5 10 15 20 25 30 35 40 42RACK UNITS FRONT VIEW 5 10 15 20 25 30 35 40 ETHERNET SWITCH SEL-2730M SATELLITE CLOCK SEL-2488 RTAC 3350 HMI TOUCHSCREEN UPS SC500 NP1 NP2 NP3 NP4 NP5 NP6 – 179 XGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XELXELXELXELXWLXWLXWLXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXTVXTVXTVXTVXTVXTVXTV XTV XTV XELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXELXWLXWLXWLXWLXWLXWLXWLXWLXWLXWLNOTESDETAILTRENCH INSTALLATION - MEDIUM VOLTAGESCALE: NTS42" 12"WARNING TAPE, PLASTIC,6" WIDE, 4 MIL THICK1'-6" MINFINISHED GRADEDETAILTRENCH INSTALLATION - GENERATORSCALE: NTS24" 12"WARNING TAPE, PLASTIC,6" WIDE, 4 MIL THICK2'-0" MINFINISHED GRADE4"DETAILTRENCH INSTALLATION - SWITCHGEAR COMMSSCALE: NTS24" 12"WARNING TAPE, PLASTIC,6" WIDE, 4 MIL THICKFINISHED GRADE2"2"4"1'-6" MIN1THIS2THIS3THIS1THIS2THIS3THIS3THIS180 XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XELXELXELXELXELXELXELXELXELXELXEL XEL XEL XEL XWL XWL XWL XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XTV XTV XTV XTV XTV XTV XTVXTVXTVXEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XELXELXELXELXELXELXELXELXELXWLXWLXWLXWLXWLXWLXWLXWLXWLXWL– 181 182 183 _________________________________________________________________________________________________________ APB APPENDIX B: Product Specifications 184 TITLE: UTILITY ENGINEER CONTRACTOR AGENT 2 4 856317 87654321 C D F A B E F E D C B A PROPRIETARY RIGHTS:THIS DOCUMENT CONTAINS SUBJECT MATTER IN WHICH SWITCHGEAR POWER SYSTEMS, LLC HAS PROPRIETARY RIGHTS. THE INFORMATION AND DESIGN DISCLOSED HEREIN WERE ORIGINATED BY AND ARE THE PROPRERTY OF SWITCHGEAR POWER SYSTEMS, LLC. NEITHER RECEIPT NOR POSESSION THERE OF CONFERS OR TRANSFERS ANY RIGHTS TO REPRODUCE, COPY, OR DISCLOSE THE DOCUMENT OR ANY PART THERE OF. ANY INFORMATION CONTAINED HEREIN, EXCEPT BY WRITTEN PERMISSION FROM OR WRITTEN AGREEMENT WITH SWITCHGEAR POWER SYSTEMS, LLC. THIS DOCUMENT IS TO BE RETURNED UPON REQUEST TOSWITCHGEAR POWER SYSTEMS, LLC.SIZE D REV. 54.00 96.00 A A B B FRONT SPS LABEL BB C A D F 9710.3950SEE NOTE 4(ELBOW SIDE)(EXTERIOR)N JJ G 7.66 21.56 8.00 21.56 8.00 21.56 11.66 13.56 16.00 13.56 16.00 13.56 7.66 11.66 16.50 31.50 31.50 16.50 96.00 4.00 SECTION C-C GROMMET FOR #6 WIRE. GROMMET FOR #6 WIRE. (SEE NOTE 1)S.S. SERRATED HEX HEAD FLANGEBOLT WITH HOLE IN HEAD FOR BLEEDWIRE. IN THIS LOCATION ON ALLBUSHING WELLS. (SEE NOTE 1)S.S. SERRATED HEX HEAD FLANGEBOLT IN OTHER THREE LOCATIONSON ALL BUSHING WELLS. NO HOLE INHEAD. (SEE NOTE 1)DO NOT TIGHTEN THESE S.S. FLANGEBOLTS PAST 90-INCH LBS. W WW W W AA W W RRR AAEEE L L L P P P 96.00 SECTION D-D LOWER PANSUPPORT AB AB AB AB AB AB ABAB AB AB AB AB W AB T T T T AE AE AE AEAEAEAD AD ADAD AD AD M M M M R R R SEE DWG FOR DETAILS.(MIMIC BUS AND LABELS)(DETAIL A) W W W AB 96.00 54.00 SPS LABELB BA D F REAR C N JJ U U V V HOLE HOLE AA 9710.3950SEE NOTE 4(TRANSFORMER SIDE) (EXTERIOR) FEATURES CROSS KINKED ROOF FOR ADDED STRENGTH AND PREVENTING STANDING MOISTURE. A. SECTION OVER TRANSFORMER COMPARTMENT IS REMOVABLE. HOLES PROVIDED TO REMOVABLE ROOF TO ATTACH SWIVEL D RINGS FOR LIFT. (4) REMOVABLE LIFTING PLATES WITH BLIND MOUNTING HOLES.B. 3-POINT POSITIVE LATCH MECHANISM, WITH PADLOCKING HANDLE, ANDC. SHIELDED 1/2" SILICONE BRONZE PENTA HEAD SECURITY BOLT. MEETS/EXCEEDS ANSI C57.12.28 FOR ENCLOSURE SECURITY. SEE ATTACHMENT "A". SPS (3A21832H01- PENTAHEAD MILD STL HANDLE ASM) STAINLESS STEEL BODY HINGE WITH STAINLESS STEEL PIN BOLTED TO DOOR/CABINET.D. ALLOWS DOORS TO BE REMOVED IN THE OPEN POSITION ONLY. SEE ATTACHMENT "B". GROUND NUTS STAINLESS STEEL, 1/2"-13 UNC FOR CUSTOMER SUPPLIEDE. GROUND CONNECTORS. NUTS ARE UNPAINTED AND WELDED TO ENCLOSURE. COMPARTMENT LABELS INDICATING FUSE, ELBOW, SWITCH, CAPACITOR, ETC.F. LOCATED ABOVE COMPARTMENT DOORS. MANUFACTURER'S DATA PLATE. CONTAINS INFORMATION LISTED UNDER SYSTEMG. RATING, NON-CORROSIVE, PERMANENTLY STAMPED AND ATTACHED TO ENCLOSURE. EQUIPMENT WALL FULL HEIGHT SEALED AT ROOF.H. N/AI. DOOR STAYS (RETAINED) HOLD DOORS IN 90 , 110 , OR 140 OPEN POSITION.J. UNPAINTED STAINLESS STEEL. NAK. PARKING STANDS. 14 GAUGE 304L STAINLESS STEEL, WELDED TO EQUIPMENT WALL.L. (4) PHASE BARRIERS 3/16" GPO-3, GLASS REINFORCED POLYESTER. (2) REAR BARRIERS ARE M. 1/4" CLEAR LEXAN TYPE WITH NON-CONDUCTIVE HANDLES. ALL BARRIERS ARE TAB & SLOT DESIGN. SIGNS AND/OR LABELS SEE SPECIAL NOTES.N. N/AO. MIMIC BUS. HIGH VISIBILITY FEDERAL SAFETY YELLOW, TO INDICATE THE ONE LINEP. DIAGRAM. LOCATED ON EQUIPMENT WALL (FRONT & REAR.) N/AQ. TERMINAL DESIGNATION LABELS. LOCATED ON EQUIPMENT WALL (ELBOW AND FUSER. SIDES). N/AS. EQUIPMENT WALL STIFFENER/BARRIER MOUNTING.T. PLATED STEEL DOOR RODS WITH NYLON WHEELS. WHEELS ARE ATTACHED WITH ZINC PLATED U. STEEL PINS. DOOR ROD GUIDES.V. BUSHINGS ARE 25 kV, 600A, 125 kV BIL THAT MEET ANSI 386 STANDARD. BUSHINGS ARE W. (ELLIOTT 1201-625B2) N/AX. TRACER WIRE ACCESS HOLE.Y. N/AZ. 1/2 INCH HOLE FOR GROUND CABLE, ONE ON EACH SIDE.AA. WIRE TIE RODS.AB. REMOVABLE METERING TRANSFORMER SHELVES, HOLES WILL BE PRE-DRILLED PER AC. CUSTOMERS REQUEST ON TRANSFORMER TYPE. PHASE BUS-1/4" X 2" COPPER BUS FREE OF BURRS AND SHARP CORNERS.AD. CABLE CONNECTOR: (600 Kcmil) 600A (HOMAC; #L600N)AE. NOTES: SPS STANDARD UTILIZES A BELLEVILLE WASHER ON THE BUS TO BUS CONNECTIONS.1. DIMENSION LEADERS WITH LETTERS DENOTE "FEATURES" LISTED. X2. DIMENSION LEADERS WITH NUMBERS DENOTE "BILL OF MATERIALS" LINE ITEMS. ##3. SPECIAL NOTES STAINLESS STEEL SERRATED HEX HEAD FLANGE BOLT WITH HOLE FOR BLEED WIRE, ONE FOR 1. EACH BUSHING LOCATION (TOP LEFT SIDE). THE OTHER THREE ARE STAINLESS STEEL SERRATED HEX HEAD FLANGE BOLT WITH OUT HOLE IN HEAD. BOLTS SHOULD BE TIGHTENED IN A UNIFORM MANNER APPLYING 90-INCH LBS. TORQUE TO EACH BOLT. BLEED WIRE REQUIRED AT ALL BUSHING WELL LOCATIONS. INTERIOR LABELING- DIAGRAMS, TERMINAL DESIGNATIONS AND WARNINGS SHALL2. BE LARGE ENOUGH TO BE READ IN DIM LIGHT. BARRIER SIGN- A "DANGER, KEEP OUT, HIGH VOLTAGE" SIGN SHALL BE AFFIXED TO3. EACH REMOVABLE FULL REAR BARRIER REFERENCE XCEL ENERGY SPECIFICATION SHEET 9710.3650. EQUIPMENT SIGN- A "WARNING, HAZARDOUS VOLTAGE KEEP OUT" BI-LINGUAL SIGN4. SHALL BE AFFIXED TO THE EXTERIOR OF THE CABINET IMMEDIATELY ADJACENT TO THE LOCKING DEVICE(S) ON BOTH SIDES OF THE CABINET, REFERENCE XCEL ENERGY SPECIFICATION SHEET 9710.3950. BARRIER HANDLE (J.W.WINCO, PN# 6382160) MFE-179-8.5MM PLASTIC CABINET5. U-HANDLE. SEE DWG M4. PROTECTIVE CAPS FOR BUSHING (FIELD INSTALLED BY CUSTOMER).6. GROUND CABLE SUPPLIED BY CUSTOMER.7. ALL CABINET SURFACES WHICH CONTACT THE RIGID MOUNTING SURFACE, SHALL BE 8. UNDERCOATED OR OTHERWISE TREATED FOR CORROSION PROTECTION. IN ANY CASE, THE PROTECTIVE COATING SHALL EXTEND NOT LESS THAN ONE (1) INCH ABOVE THE EXTERIOR MOUNTING SURFACE. CONSTRUCTION NEMA TYPE 3R, 12 GAUGE GALVANNEAL , SOLID WELDED CONSTRUCTION, WELDS AND• SEAMS GROUND SMOOTH. POWDER COAT PAINT FINISH MUNSELL No. 7GY 3.29/1.5, GREEN. PAINT FINISH MEETS OR• EXCEEDS A.N.S.I. C57.12.28-1988 PAINT SPECIFICATIONS FOR PAD-MOUNT EQUIPMENT ENCLOSURE INTEGRITY. GASKETED DOORS, NEOPRENE GASKET, SECURED WITH A WATER AND OIL• RESISTANT ADHESIVE. A REVISIONS REV.ZONE DESCRIPTION REVISED BY DATE ECN# A A4, A6 REMOVABLE ROOF UPDATED, HOLES PROVIDED FOR SWIVEL D RINGS FOR LIFT.EEG 12/20/2021 EEG 06/22/2021 JRT 12/21/2021 SHEET 1 OF 4 A SCALE:1:12 DFPM-32566EL-22-XE- M 25 kV,125 kV,600 A,2 IN,2 OUT, DEAD FRONT PRIMARY METERING CABINETAPPROVED DRAWN DATEAPPROVALS P.O. S.O. WEIGHT 1305.36 LBS 185 THREADED WELD STUDS TOSECURE ROOF TO CABINET.(FRONT ONLY) REAR OF ROOF ISLOCKED DOWN BY AWELDED ON ANGLE. TITLE: UTILITY ENGINEER CONTRACTOR AGENT 2 4 856317 87654321 C D F A B E F E D C B A PROPRIETARY RIGHTS:THIS DOCUMENT CONTAINS SUBJECT MATTER IN WHICH SWITCHGEAR POWER SYSTEMS, LLC HAS PROPRIETARY RIGHTS. THE INFORMATION AND DESIGN DISCLOSED HEREIN WERE ORIGINATED BY AND ARE THE PROPRERTY OF SWITCHGEAR POWER SYSTEMS, LLC. NEITHER RECEIPT NOR POSESSION THERE OF CONFERS OR TRANSFERS ANY RIGHTS TO REPRODUCE, COPY, OR DISCLOSE THE DOCUMENT OR ANY PART THERE OF. ANY INFORMATION CONTAINED HEREIN, EXCEPT BY WRITTEN PERMISSION FROM OR WRITTEN AGREEMENT WITH SWITCHGEAR POWER SYSTEMS, LLC. THIS DOCUMENT IS TO BE RETURNED UPON REQUEST TOSWITCHGEAR POWER SYSTEMS, LLC.SIZE D REV. 96.00 6.00 TYP 20.04 54.00 29.96 47.10 42.90 18.04 92.00 3.00 TYP 90° 110° 140° ENCLOSURE CONCRETE PAD MOUNTING BRACKETTYPICAL (4) BY SPS 5/8-11 UNC ANCHOR,SUPPLIED BY OTHERS MOUNTING DETAIL 1.500 MIN SECTION A-A BASE DETAIL ELBOW COMPARTMENT TRANSFORMER COMPARTMENT 12.00 8.00 54.00 C C D D RIGHT EXTERIOR VIEW 1.875 +0.125/-0.000TRACER WIRE ACCESSHOLE WITH REMOVABLE HOLESEAL COVER. (WAS150) Y G A CC B REMOVABLE NON-REMOVABLE 22.13 32.88 30.00 38.00 20.04 54.00 4.00 6.00 4.00 14.75 14.75 SECTION B-B SIDE GROUNDING NUTS ARE PLACED 4"UP & 6" BACK FROM THE FRONT IN THE 25KV UNITS. (ELBOW SIDE) SEE NOTE 1 FORBUSHING WELLINSTALLATION NON-REMOVABLE REMOVABLE C E A M M H T W W AD AD AC AC TRANSFORMERS ARE CUSTOMER SUPPLIED, INSTALLED, & WIRED 54.00 54.00 NON-REMOVABLE REMOVABLE BA C C LEFT EXTERIOR VIEW 96.00 20.04 54.00 TOP BOTTOMTOP TOP TOP TOP TOPBOTTOM BOTTOM BOTTOM BOTTOM BOTTOM TOP VIEW WITH BOTH ROOF PANELS REMOVED AD AD AD M M M M SPS CAT.# DFPM-32566EL-22-XEXCEL -211269PRIMARY METERING WITHELLIOTT BUSHINGS 25 kV 600 A EEG 06/22/2021 JRT 12/21/2021 SHEET 2 OF 4 A SCALE:1:12 DFPM-32566EL-22-XE- M 25 kV,125 kV,600 A,2 IN,2 OUT, DEAD FRONT PRIMARY METERING CABINETAPPROVED DRAWN DATEAPPROVALS P.O. S.O. WEIGHT: 1305.36 LBS 186 2.00 15.25 15.25 2.00 62.00 2 2 102.00 62.00 3 102.00 41.00 41.00 1111 444 102.00 62.00 62.00 102.00 5 ISO VIEWFOR REFERENCE ONLYSCALE: NONE ISO VIEWFOR REFERENCE ONLYSCALE: NONE SPS CAT.# DFPM-32566EL-22-XE XCEL -211269 PRIMARY METERING WITH ELLIOTT BUSHINGS 25KV 600A Wood Pallet For (XCEL Primary Metering Cabinet) SPS CAT.# DFPM-32566EL-22-XE XCEL CAB CAT ID 211269 PER XCEL SPEC 6128.0851 DATE: 11/21/13 CUSTOMER CODE 211269 BILL OF MATERIALS ITEM NO PART NUMBER QTY DESCRIPTION 1 -4 RAIL (RUNNER), 4X4 X 62 LG 2 -2 RAIL (RUNNER), 4X4 X 102 LG 3 -5 PLANK (CROSS MEMBER), 2X6 X 102 LG 4 -3 PLANK (CROSS MEMBER), 2X6 X 62 LG 5 -1 PLYWOOD OR CHIPBOARD, 62 X 102 EEG 06/22/2021 --- 12/21/2021 --- JRT 25 kV,125 kV,600 A,2 IN,2 OUT,DEAD FRONT PRIMARY METERING CABINET 216.22 LBSSCALE 1:14 SHEET 3 OF 4APPROVED CHECKED DRAWN DATE WOODMATERIAL APPROVALS WEIGHT: 2 4 856317 87654321 C D F A B E F E D C B A PROPRIETARY RIGHTS:THIS DOCUMENT CONTAINS SUBJECT MATTER IN WHICH SWITCHGEAR POWER SYSTEMS, LLC HAS PROPRIETARY RIGHTS. THE INFORMATION AND DESIGN DISCLOSED HEREIN WERE ORIGINATED BY AND ARE THE PROPRERTY OF SWITCHGEAR POWER SYSTEMS, LLC. NEITHER RECEIPT NOR POSESSION THERE OF CONFERS OR TRANSFERS ANY RIGHTS TO REPRODUCE, COPY, OR DISCLOSE THE DOCUMENT OR ANY PART THERE OF. ANY INFORMATION CONTAINED HEREIN, EXCEPT BY WRITTEN PERMISSION FROM OR WRITTEN AGREEMENT WITH SWITCHGEAR POWER SYSTEMS, LLC. THIS DOCUMENT IS TO BE RETURNED UPON REQUEST TOSWITCHGEAR POWER SYSTEMS, LLC. UNLESS OTHERWISE SPECIFIED DIMENSIONS ARE IN INCH TOLERANCES ARE: DECIMALS .X .125 .XX .063 ANGLES X 1 3D PROJECTION INFORMATION SIZE D REV. TITLE: A20095002 .XXX .031 X.X .5 187 5.50 MANUFACTURED BY SWITCHGEAR POWER SYSTEMS, LLC WINNECONNE, WI 54986 www.switchgearpower.com SYSTEM RATING MAXIMUM DESIGN VOLTAGE BASIC INSULATION LEVEL (BIL) CONTINUOUS CURRENT PHASE HERTZ DIMENSIONS DATE OF MANUFACTURE SPS JOB NUMBER XCEL ENERGY CODE SPS CATALOG NUMBER APPROXIMATE WEIGHT SERIAL NUMBER 25.0 kV 125 kV 600 AMP 3 60 54"H X 96"W X 54"D MM/YYYY ???? 211269 DFPM-32566EL-22-XE 1800 lb ?????? 2X .75 THRU 2X .56 THRU 2X .56 THRU 2X .75 THRU 2X .75 THRU2X .56 THRU2X .56 THRU2X .75 THRU 0 .75 9.38 11.13 22.31 23.06 0 1.00 2.00 0 .75 8.00 9.75 14.31 15.06 0 1.00 2.00 AD AD NN N N N P AE AE DETAIL A DETAIL B DETAIL C G SPS CAT.# DFPM-32566EL-22-XE XCEL -211269 PRIMARY METERING WITH ELLIOTT BUSHINGS 25KV 600A EEG 06/22/2021 JRT 12/21/2021 SHEET 4 OF 4 A SCALE:1:12 DFPM-32566EL-22-XE- M 25 kV,125 kV,600 A,2 IN,2 OUT, DEAD FRONT PRIMARY METERING CABINETAPPROVED DRAWN DATEAPPROVALS P.O. S.O. TITLE: UTILITY ENGINEER CONTRACTOR AGENT 2 4 856317 87654321 C D F A B E F E D C B A PROPRIETARY RIGHTS:THIS DOCUMENT CONTAINS SUBJECT MATTER IN WHICH SWITCHGEAR POWER SYSTEMS, LLC HAS PROPRIETARY RIGHTS. THE INFORMATION AND DESIGN DISCLOSED HEREIN WERE ORIGINATED BY AND ARE THE PROPRERTY OF SWITCHGEAR POWER SYSTEMS, LLC. NEITHER RECEIPT NOR POSESSION THERE OF CONFERS OR TRANSFERS ANY RIGHTS TO REPRODUCE, COPY, OR DISCLOSE THE DOCUMENT OR ANY PART THERE OF. ANY INFORMATION CONTAINED HEREIN, EXCEPT BY WRITTEN PERMISSION FROM OR WRITTEN AGREEMENT WITH SWITCHGEAR POWER SYSTEMS, LLC. THIS DOCUMENT IS TO BE RETURNED UPON REQUEST TOSWITCHGEAR POWER SYSTEMS, LLC.SIZE D REV. 3D PROJECTION INFORMATION 188 189 HUBBELL 190 Effective Date: October 13, 2021 1 XCEL ENERGY PRIMARY SWITCHGEAR SPECIFICATIONS (PSCO and SPS Operating Companies) The following requirements for primary revenue metering within metal-clad and metal-enclosed switchgear used on 25KV class and below, four wire wye systems within the service territories of Public Service Company of Colorado (PSCO) and Southwestern Public Service Company (SPS), operating companies of Xcel Energy. Note: Pre-approval by the Xcel Energy Electric Meter Engineering Department is required for the use of metering compartments in switchgear. Construction drawings detailing all switchgear metering compartments shall be submitted to the Xcel Energy Electric Meter Engineering Department for written approval. 1.0 Voltage Transformers and Mountings Voltage transformers (VTs) installed in metal-clad or metal-enclosed switchgear shall be mounted in either a draw-out carriage or pivoting carriage (trunnion) to facilitate the safe change-out of primary fuses while the switchgear is energized. All VTs are to be mounted so that the secondary terminals are readily accessible when the drawer or trunnion assembly is in its open position. With prior approval by the Xcel Energy Electric Meter Engineering Department, the VTs installed in metal-clad or metal- enclosed switchgear may be fixed-mount with a primary (line-side) disconnect switch. The fixed-mount VT installation shall facilitate the safe change-out of primary fuses while the switchgear is energized. For a fixed-mount VT installation, if the primary disconnect switch is externally accessible, it shall have provisions in the closed switch position to accommodate an Xcel Energy padlock having a 5/16-inch diameter shackle. The drawer, trunnion, or fixed-mount VT installation shall be designed to accommodate the VTs. (Refer to Dwg A.) Xcel Energy Electric Meter Engineering Department will specify the VTs. Xcel Energy Electric Meter Department will purchase, test, and ship the VTs to the switchgear manufacturer for factory installation. Xcel Energy normally specifies ABB type VIY-60, VIZ-75, VIZ-11 or VIZ-15G VTs, depending upon the switchgear voltage class, each VT with an integral primary (line-side) fuse. Xcel Energy may substitute equivalent type VTs as availability dictates. 1.0.1 Draw-Out Carriage The VTs are to be connected such that when the carriage is withdrawn, the primary terminals are disconnected and automatically grounded. Movable primary and secondary contacts on the VT drawer shall be designed to ensure reliable 191 Effective Date: October 13, 2021 2 alignment and continuity with continued use without the need of periodic cleaning and alignment. Drawer grounding and the VT H2 terminal connections shall be made to the neutral bus via approved fail-safe methods that ensure continuity while the drawer is being rolled out. All VT H2 and grounding conductors shall be #6 AWG minimum. Drawers shall be provisioned with safety stops to prevent the drawer assembly from falling out when withdrawn. The safety stops shall be designed so that they can only be defeated by a deliberate act and shall automatically reset upon reinstallation of the drawer. 1.0.2 Trunnion Carriage Pivoting (trunnion) type carriages are preferred since a movable set of secondary and VT-H2 contacts are not required. Both the trunnion grounding and the VT-H2 terminal connection shall be made to the neutral bus by means of a flexible braided conductor. Movable contacts are not permitted on trunnions for this purpose. All VT-H2 and grounding conductors shall be #6 AWG minimum. Secondary wiring from the VT secondary terminals to the fused VT terminal block shall be run through a flexible harness to accommodate the pivoting of the trunnion assembly. The VT trunnion shall be designed to ensure that VT secondary conductors cannot be within 6 inches of primary conductors through the full distance of the trunnion movement. 1.0.3 VT Cubicle Doors Cubicle doors shall be designed to prevent any contact with a VT draw out or trunnion carriage assembly while the carriage is in the open position. An adequate automatic locking mechanism shall prevent the door from being pushed into the open drawer or trunnion. The locking mechanism shall have adequate strength to withstand accidental attempts to close the door, without deforming the mechanism or rendering it inoperative. No customer equipment shall be mounted in this door since the door will be padlocked thus rendering customer equipment inaccessible. 1.1 VT Secondary Conductors and Terminations 1.1.1 All secondary conductors shall be highly flexible 600 volt #12 AWG and clearly identified as to system phase and polarity. The secondary polarity (X1) conductors for the A, B, and C phases shall be identified as V7, V8 and V9 respectively. The common neutral terminal (X2) shall be identified as V0. 1.1.2 A fused VT terminal block shall be provided in the low voltage compartment between the dead front and the cubicle door. This block shall be mounted vertically in the upper left-hand corner as viewed from the front of the switchgear. The fused VT terminal block shall be labeled with the feeder number and shall be installed so that the terminals are arranged from top to bottom as V7, V8, V9 and V0. The phase terminals shall be fused with FRN-R-5 (5 amp fuse or equivalent) and the V0 terminal shall be unfused (straight through). The V0 terminal, on the 192 Effective Date: October 13, 2021 3 VT terminal block, shall be connected to the neutral/ground bus with a conductor in a manner so that the connections and conductor path can be visually verified as running directly to the neutral/ground bus from the V0 terminal. The left-hand side of the terminal block shall be used for incoming and ground conductors while the right-hand side shall be used for conductors going out to the meter. (Refer to Dwg B.) 1.1.3 All secondary wiring between the VTs secondary terminals and the fused VT terminal block shall be a direct run. No interposing terminal blocks, splices or inter cubicle wire routing is permitted. 2.0 Current Transformers and Mounting The switchgear bus and space provisions, in feeder bays, shall be designed to accommodate current transformers (CT’s). Xcel Energy Electric Meter Engineering Department will specify the CTs. Xcel Energy Electric Meter Department will purchase, test, and ship the CTs to the switchgear manufacturer for factory installation. Xcel Energy normally specifies ABB type KIR-60, KIR-75, KIR-11, KIR-11ES, KIT-60, KIT-75, KIT-11 or KIT-15 bar-type CTs, depending upon the switchgear voltage class and amp rating. Xcel Energy may substitute equivalent type CTs as availability dictates. 2.0.1 CT's shall be mounted vertically so that the primary terminals are oriented vertically; the CT base plate (if used) faces the back of the compartment, and the CT secondary terminals face the door opening of the switchgear. The primary bus bars will be configured to allow mounting of the three CT's within a cubicle in the same vertical plane that is parallel with the front face of the switchgear. This physical arrangement is necessary to reduce outage time if a transformer requires replacement. (Refer to Dwg’s B & C.) 2.0.2 CT's shall be mounted by the switchgear manufacturer so that the H1 terminals face the source of power, which will be the incoming conductors from the Xcel Energy feeder. 2.0.3 A pivoting metal bar shall be placed across the CT compartment at a height that is 3 inches below the secondary terminals of the CT's. This bar is used to hold the secondary conductors away from the primary voltage bus as the conductors exit the secondary terminals of the CT's. This bar shall maintain a minimum 6 inches of clearance from the bus. A 1.5-inch conduit shall run between the pivot of this bar to a point 3 inches below the left hand side of the CT secondary shorting terminal block. (Refer to Dwg B.) 193 Effective Date: October 13, 2021 4 2.1 CT Secondary Conductors and Terminations 2.1.1 A four-position shorting terminal block shall be provided in the low voltage compartment just below the fused VT terminal block. The block shall be labeled with the feeder number and shall be arranged so that the terminal connected to the shorting rail is at the bottom. The terminals shall then be labeled from top to bottom as C1, C2, C3 and C0. The C0 terminal shall be connected to the neutral/ ground bus with a conductor in a manner so that the connections and conductor can be visually verified as running directly to the neutral/ground bus from the C0 terminal. The left-hand side of the terminal block shall be used for incoming conductors and ground while the right-hand side shall be used for outgoing conductors to the meter. (Refer to Dwg B.) 2.1.2 All secondary wiring between the CT's secondary terminals and the CT shorting block shall be a direct run. No interposing terminal blocks, splices or inter cubicle wire routing is permitted. 3.0 General 3.0.1 The instrument transformers will be supplied by the Xcel Energy Electric Meter Department for installation in the switchgear by the manufacturer. The manufacturer will wire and terminated the VT and CT secondaries to the corresponding fuse and shorting block. 3.0.2 All secondary wiring between the CT and VT terminal blocks and the meter housing will be installed by the Xcel Energy Electric Meter Department prior to the switchgear being energized. The CT and VT terminal blocks shall be located between the main door and the dead front barrier in the upper left-hand corner (as viewed from the front). Adequate provisions are required to properly dress and support the wiring that leaves the right-hand side of these terminal blocks. The support provisions shall direct such wiring out a conduit that will exit the top of the low voltage compartments. 3.0.3 Meter mounting devices will be provided by the Xcel Energy Electric Meter Department for mounting at a location as specified by the Xcel Energy Electric Meter Department. The site contractor shall run a 1.5-inch conduit between the metering cubicle and the meter housing. In addition, provisions shall be made to extend a phone circuit to the recorder for the purpose of remote meter reading. 3.0.4 All access doors to cubicles containing metering transformers are to be hinged with provisions to accommodate an Xcel Energy padlock having a 5/16-inch diameter shackle. 194 Effective Date: October 13, 2021 5 3.0.5 Xcel Energy assumes no responsibility whatsoever for the manufacturer's and/or the installer's compliance with all applicable NEC and NESC codes as well as all local and state codes. 3.0.6 These specifications are somewhat general to allow the switchgear manufacturer some latitude in the design. Note: Pre-approval by the Xcel Energy Electric Meter Engineering Department is required for the use of metering compartments in switchgear. Construction drawings detailing all switchgear metering compartments shall be submitted to the Xcel Energy Electric Meter Engineering Department for written approval. 195 196 197 198 Class 0.15S 0.15%0.15% 5%100%RF Class 0.15 enhanced revenue grade 100%RF 0.3%0.15% AccuRange current transformers 0.15%0.15% 1%100%RF 5% High accuracy and extended range The KOR-15CER is part of ABB’s AccuRange® current transformer family and delivers high accuracy and stable performance over a wide load swing, making it a great fit for variable load applications. Accuracy is guaranteed to be +/- 0.15% from 1% of nominal current through rating factor. ABB’s extended range units deliver savings through improved accuracy metering and reduced inventory. Benefits of HCEP • Enhanced water shedding properties • Reduced contamination-related leakage currents • Improved product quality and reliability • Improved UV protection • Results in a more consistent and reliable product • Reduced loss of revenue from downtime The KOR-15CER high-accuracy extended range outdoor current transformer is designed for metering outdoor 25 kV systems. Due to its wide operating range and high accuracy, it provides greater value by reducing inventory requirements and increasing revenue. Product features • 25 kV outdoor • 150 kV BIL, 60 Hertz • Electrical clearances: Strike: 15.75" (400 mm); Creep: 36.50" (927 mm) • Approximate weight: 110 lbs. (50 kg) Application The KOR-15CER extended range outdoor current transformer is designed for metering outdoor 25 kV systems. Ideal for use in cogeneration and in applications where there are large power exchanges, the unit preserves stated accuracies with loads ranging from one percent of the full rated current through the rating factor. Due to its wide operating range and high accuracy, it provides greater value by reducing inventory requirements and increasing revenue. Construction features For insulation and protection, the assembly is cast in hydrophobic cycloaliphatic epoxy (HCEP) using auto - matic pressure gelation. The HCEP material offers su- perior arc track, ozone, and ultraviolet-resistive proper- ties while maintaining physical strength. Hydrophobic surface properties ensure highly reliable performance in wet, humid, polluted or coastal environments. — INSTRUMENT TRANSFORMERS KOR-15CER High-accuracy extended range outdoor metering current transformer 199 1VAP429272-DB Rev G October 2020— We reserve the right to make technical changes or modify the contents of this document without prior notice. With regard to purchase orders, the agreed particulars shall prevail. ABB does not accept any responsibility whatsoever for potential errors or possible lack of information in this document. We reserve all rights in this document and in the subject matter and illustrations contained therein. Any reproduction, disclosure to third parties or utilization of its contents – in whole or in parts – is forbidden without prior written consent of ABB Inc. Copyright© 2020 ABB. All rights reservedabb.com/mediumvoltage — ABB Inc. 3022 NC 43 North Pinetops, NC 27864 Phone: +1 252 827 3212 Selection guide Primary amperes Rating factor @ 30° C Metering accuracy Thermal rating+ Mechanical rating+Style number 25 3.0 0.15S-0.5 100 270 E-923A432G12 30 1.5 0.15S-0.9 100 270 E-923A432G07 50 1.5 0.15S-0.9 100 270 E-923A432G06 100 1.5 0.15S-1.8 100 270 E-923A432G11 200 1.5 0.15S-1.8 100 270 E-923A432G01 300 1.5 0.15S-1.8 100 270 E-923A432G05 400 1.5 0.15S-1.8 100 270 E-923A432G09 600 1.5 0.15S-1.8 100 270 E-923A432G08 800 1.5 0.15S-0.9 75 200 E-923A432G15 1000 1.5 0.15S-1.8 60 160 E-923A432G02 Unit dimensions (inches [mm]) 20.00 [508]16.30 [414] .25 [6] 11.19 [284] 5.59 [142] 1.31 [33] 1.00 [25] 14.59 [371] 13.00 [330] .50 [13] 1.00 [25].75 [19] 3.44 [87] 2.00 [51] 4.00 [101] H1 1" STD PIPE TAPBOTH SIDES GROUND LUG WITHØ.44 [11] HOLE RATING DECALBOTH SIDES H2Ø .56 [14] HOLE2-TOTA L Ø.56 X 1.31 SLOT[Ø14 X 33]2-TOTA L 0.375 [10] 2.0 [51] Baseplate dimensions (inches [mm]) NAMEPLATE 11.25 [285] 10.00 [254] .63 [16] .94 [24]8.63 [219] 10.50 [267] .44 x .88 SLOTS [11 x 22] 4-TOTAL Additional styles available upon request. Contact your ABB sales representative or call +1-252-827-3212 for more information. Relay accuracy: not to be used for relay applications + times normal. For 50 Hz styles, contact the factory. Terminals Primary terminals are electro-tin plated copper. Clamp-type secondary terminals accommodate #14 through #1 wire. Junction box The junction box is provided with 1" conduit hubs on each end and a knock-out for fitting a conduit connection from the bottom. It may be detached for ease of installation and changeout procedures. Baseplate The baseplate is constructed of corrosion-resistant aluminum and is secured to the encapsulated base support. Mounting The KOR-15CER can be mounted in upright, cantilever, or upside-down positions. Stress relief devices should be used to support cable connections. Test reports Test reports are stored electronically and can be e-mailed in various formats at the time of shipment. Standards This unit meets or exceeds all requirements of IEEE C57.13-2016 and can be tested to other standards as requested. 200 Type LGX–25–585 Extended range, high accuracy outdoor current transformer Instrument transformers Product features −25 kV, 150 kV BIL, 60 Hz −Electrical specifications: Creep: 25.9" (658 mm) Strike: 13.0" (330 mm) −Approximate weight (without bar): 133 lbs (60 kg) Application The LGX-25-585 outdoor, window-type current transformer is rated for use on 25,000 volt systems with 150 kV BIL. Primary current ratios are available from 200:5 to 2000:5 at 60 Hertz with a rating factor of up to 4.0 (see ratings specific to each ratio). This dry-type, solid-cast current transformer operates with high accuracy for metering or relay applications. Mechanical description The core and coil assembly is wound and encapsulated in a molded cast resin with a 4½" (115 mm) diameter window cycloaliphatic epoxy bushing to provide high withstand capabilities. The high voltage insulating epoxy sleeve has a conductive interior with a pigtail lead for connection to an uninsulated primary conductor to equalize voltage and prevent radio interference and corona. The unit may be supplied with a factory installed NEMA 4-hole primary bus (5500A max rated). Secondary terminals are ¼"-20 (silicon bronze) studs with associated hardware located inside a removable terminal box with two 1" NPT conduit hubs. The nameplate is made of anodized aluminum and is affixed to each unit on the opposite side of the terminal box. Accuracy performance The LGX-25-585 maintains 0.15 accuracy from 1% of Inom through its rating factor, and can be used continuously to this level (see ratings and burdens specific to each ratio). Mounting The LGX-25-585 is designed for mounting in the upright or underhung position with the tube horizontal, or in the cantilever position with the tube vertical. CAUTION: −Do not mount in the cantilever position with the tube hori- zontal, as the baseplate can collapse. Mounting holes are punched in the aluminum baseplate. −The high voltage sleeve and its bar assembly is not to be used to support the primary buswork or conductors. Testing This unit can be tested to all applicable IEEE, CSA, or IEC standards as requested. Options The LGX-25-585 is available with a primary bus bar kit or conductive guards to prevent foreign objects from entering the high voltage insulating sleeve. Contact factory for other needs. 201 1VAP701222-DB August 2015 Rev. FFor more information please contact: ABB Inc. Medium Voltage Distribution Components 3022 NC 43 North Pinetops, NC 27864 USA Phone: +1 252 827 3212 Fax: +1 252 827 4286 www.abb.com/mediumvoltage Note: The information contained in this document is for general information purposes only. While ABB strives to keep the information up to date and correct, it makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the information, products, services, or related graphics contained in the document for any purpose. Any reliance placed on such information is therefore strictly at your own risk. ABB reserves the right to discontinue any product or service at any time. Copyright 2012 ABB. All rights reserved. Unit dimensions Terminal box detail - multi-ratio (MR) shown Note: Metric dimensions are displayed in [mm] Selection guide Primary amps IEEE metering accuracy Rating factor Style number 200 0.15S-B0.1/0.3S-B0.2 4.0 F030200X1NC 300 0.15S-B0.5/0.3S-B0.9 4.0 F030300X1NC 400 1 0.15S-B0.9/0.3S-B1.8 4.0 F030400X1NC 500 1 0.15S-B0.9/0.3S-B1.8 4.0 F030500X1NC 600 1 0.15S-B0.9/0.3S-B1.8 4.0 F030600X1NC 800 1 0.15S-B0.9/0.3S-B1.8 4.0 F030800X1NC 1000 1 0.15S-B1.8 4.0 F031000X1NC 1200 1 0.15S-B1.8 3.0 F031200X1NC 1500 1 0.15S-B1.8 3.0 F031500X1NC 2000 1 0.15S-B1.8 3.0 F032000X1NC Additional styles available upon request. Contact your ABB sales representative or call +1-252-827-3212 for more information. One second thermal/mechanical rating: 100 x full winding Inom /unlimited mechanical. For optional bird guards (one pair), order part number 123-0098-901 Wiring diagram 6.00 22.0 [560] [152] [203] 8.00 9.75 [248] 14.00[356] [527]20.75 8.00 6.50 13.50 [347] [203][165] 32.25 [819] 34.5 [876] 1.75 [44] NEMA 4-HOLE PATTERN DETAIL [44] [29]1.13 4.00[102] 1.13[29] EACH END (4) PLACES Ø0.56 [Ø14] 1.75 DIMA DIMB 6.75 [171] [83]3.25 X2X1 X1 H1 X2 LGX-25-585 Primary bar information Max. current amperes No. of bars Stack thk (Dim. A) in. [mm] HT to base (Dim. B) in. [mm] Weight lbs [kg] Up to 1200 A 1 0.25 [6.4]13.88 [353]16 [7] 1201 - 2500 2 0.75 [19]13.63 [346]29 [13] 2501 - 5500 3 1.63 [41]13.19 [335]61 [28] 1 Accuracy for this primary current is maintained down to 1% rated current. Available with a 34.5" primary bar kit (maximum 5500 A). Change the “1” following the X to “3”. 202 COMMODITY GROUPING:5440 *** XCELENERGY MATERIAL SPECIFICATIONS ELEC.DIST.STANDARDS ** * IS DATE:08/10 SS DATE:NEW SHEET 10F2 PAD,CONCRETE,(AMPERAGE)A DF PRIMARY METER CABINET, (MOUNTING SURFACE)PAD,(VOLTAGE)KV,(BLOCK OUT)WINDOW Pad Plan View r B "II(.,.A X"xY" Blackout t ~"/'Z-.1/2"Threaded /I Inserts Pad and PitPitPlanViewIsometricView )~* Pit Plan View (Side)I ' Dill l I F4J'••., II.E .1 USE:Pad and Pit foundation for 200 and 600 Amp 30 Dead-front 15 and 25 kV Primary Metering Cabinets.When applicable,a second pit may be stacked to address grade increases. ADDITIONAL DESCRIPTION OF ITEM TO APPEAR ON REQUEST FOR QUOTATION AND/OR PURCHASE ORDER Concrete design shall meet the requirements per ASTM C 858,latest revision.All reinforcing bars shall meet requirements per ASTM A 615,latest revision,grade 60,with additions/revisions per Supplemental Specification Sheet 5440.0201.Weight stenciling may be used. Standard Package Stock Unit of Issue Cat ID No.214243 Application 200A-15 kV One Set 214244 600A-15 kV 214245 200A-25 KV 214246 600A-25 kV Primary Metering Cabinet Cat ID 55036 55037 99270 211269 Indicates Change,also "C"MSCS #3663 5440.0210 203 r COMMODITY GROUPING:5440 *** XCELENERGY MATERIAL SPECIFICATIONS ELEC.DIST.STANDARDS *** IS DATE:08/10 SSDATE:NEW SHEET 20F2 PAD,CONCRETE,(AMPERAGE)A DF PRIMARY METER CABINET, (MOUNTING SURFACE)PAD,(VOLTAGE)KV,(BLOCK OUT)WINDOW Cat ID No.214243 Application 200A-15 kV 214244 600A-15 kV 214245 200A-25 KV 214246 600A-25 kV Dimensions-Pad A-Width B-Length C-Thickness Weight 57 in 96 in 6 in 1707lbs 63 in 96 in 6 in 1602lbs 63 in 96 in 6 in 1685lbs 63 in 112 in 6 in 2062lbs Dimensions-Window Block Out X-Width 12 in Y-Length 68 in Z-Set back 7 in 18 in 80 in 7 in 16 in 80 in 7 in 18 in 92 in 7 in Dimensions-Pit: D-Width E-Length F-Height Weight 39 in 89 in 25 in 3105lbs 39 in 89 in 25 in 3105lbs 39 in 89 in 25 in 3105lbs 39 in 104 in 25 in 3487lbs Notes; Lifting device for the Pad and Pits shall be Coil lifting design per the following Xcel Energy Specifications Sheets; Bolt-SS 3910.0100,Cat ID No.55816 Nut-SS 3910.0200,Cat ID No.55814 Plate -SS 3910.0800,Cat ID No.55815 Manufacturer Old Castle Precast Pad 1823417 Pit 1801300 Catalog Number 1823415 1801300 1823416 1801300 1823418 1801100 Indicates Change,also "C"MSCS #3663 5440.0210 204 SUBMITTED TO: Please return all submittal correspondence to your Project Manager. City of Aspen Puppy Smith Switch Station -Sourcewell SUBMITTAL Project #400765 O#391747 Cummins Sales and Service certifies that these drawings, materials lists, specification and data sheets have been checked prior to submittal and they accurately depict the proposed equipment. Cummins Sales and Service certifies that to the best of our knowledge, the data described in these drawings, materials lists and data sheets is true and correct. Note: Please note that issuance of these submittals shall not be deemed or interpreted as performance nor acceptance of your Purchase Order Terms and Conditions. Teresa Ramirez – (916) 995-4625 teresa.e.ramirez@cummins.com Teresa Ramirez Cummins Sales and Service 875 Riverside Pkwy West Sacramento, CA 95605 March 9, 2023 For questions or comments regarding this submittal, please contact your Cummins Sales and Service Project Manager listed below. City of Aspen Sales andService 205 City of Aspen Puppy Smith Switch Station - Sourcewell Sound Data Sheet MSP-1253 Enclosure Outline Drawing A051P365 Foundation Outline Drawing A050P698 Sound Level 2 Baffle A052M016 Battery Heater Kit A052E356 S-6557 PC40 Control Spec Sheet S-6560 A065S435 A065H780 Schematic & Wiring Diagram A065H781 Pre-Startup Checklist CSS A051E742 Transfer Switch Warranty Statement A028U870 1118-0003 E0159 TABLE OF CONTENTS Circuit Breaker Installation Drawing A049J918 Section 1 - PROJECT INFORMATION Project Bill of Material Interconnection Wiring Diagram EPA-1303j Section 4 - GENERATOR ACCESSORIES Section 3 - GENERATOR DRAWINGS Interconnect PC2.3 Section 5 - ATS SPEC SHEET & DRAWINGS ATS Specification Sheet ATS Outline Drawing C70N6/OTECSE400 NAS-6092-EN NAD-6096-EN Cooling System Data Sheet Alternator Data Sheet PDS-1569 NAAC-5943-EN Section 2 - GENERATOR SPEC SHEETS Generator Specification Sheet Generator Data Sheet PowerCommand Control (PCC) Specification Sheet Section 6 - STARTUP & WARRANTY Generator Warranty Statement Generator Outline Drawing Battery Charger Specification Sheet Exhaust Emission Compliance Statement MCP-1123 ADS-205 Sales andService 206 Section 1 – Project Information 207 Project: City of Aspen Puppy Smith Switch Station- Sourcewell Quotation: City of Aspen Puppy Smith Submittal BOM Quotation: City of Aspen Puppy Smith Submittal BOM Page 1 of 2 March 2, 2023 Bill of Material Feature Code Description Qty C70N6 C70N6, 70kW, 60Hz, Standby, Natural Gas/Propane Genset 1 Install-US-Stat U.S. EPA, Stationary Emergency Application 1 C70 N6 C70N6, 70kW, 60Hz, Standby, Natural Gas/Propane Genset 1 A331-2 Duty Rating - Standby Power (ESP) 1 L155-2 Emissions Certification - SI, EPA, Emergency, Stationary, 40CFR60 1 L090-2 Listing - UL 2200 1 L193-2 NFPA 110 Type 10 Level 1 Capable 1 B184-2 Exciter/Regulator - Permanent Magnet Generator, 3 Phase Sensor 1 R098-2 Voltage - 120/208, 3 Phase, Wye, 4 Wire 1 B946-2 Alternator - 60Hz, 12L, 208/120V, 120C, 40C Ambient 1 F217-2 Aluminum Sound Attenuated Level 2 Enclosure, with Exhaust System 1 P178-2 Enclosure Color - Sandstone, Aluminum 1 F252-2 Enclosure - Wind Load 180 MPH, ASCE7 - 10 1 F253-2 Larger Battery Rack 1 F179-2 Skidbase - Housing Ready 1 H609-2 Control Mounting - Left Facing 1 H703-2 PowerCommand 2.3 Controller 1 H012-2 Gauge - Oil Pressure 1 H569-2 Warning - Low Fuel Gas Pressure 1 H720-2 AmpSentryTM UL Listed Protective Relay 1 KS52-2 Relays - Auxiliary, Qty 2, 25A - 15V DC/10A - 30V DC 1 H536-2 Control Display Language - English 1 KV03-2 Load Connection - Single 1 KV44-2 Circuit Breaker, Location A, 200A, 3P, 600 Volts AC, 80%, UL 1 A366-2 Engine Governor - Electronic, Isochronous 1 C284-2 Single Gas Fuel - NG or LP Vapor 1 A422-2 Engine Starter - 12 Volt DC Motor 1 D041-2 Engine Air Cleaner - Normal Duty 1 A333-2 Battery Charging Alternator 1 BB89-2 Battery Charger - 6 Amp, Regulated 1 E125-2 Engine Cooling - Radiator, High Ambient Air Temperature, Ship Fitted 1 H389-2 Shutdown - Low Coolant Level 1 E089-2 Extension - Coolant Drain 1 H669-2 Engine Coolant - 50% Antifreeze, 50% Water Mixture 1 E154-2 Coolant Heater, Extreme Cold Ambient 1 H487-2 Engine Oil Heater - 120 Volts AC, Single Phase 1 H706-2 Engine Oil 1 L028-2 Genset Warranty - 2 Years Base 1 L050-2 Literature - English 1 A322-2 Packing - Skid, Poly Bag 1 H268-2 Extension - Oil Drain 1 L259-2 Sandstone Sound Level 2 Intake Baffle - Ship Loose 1 NSBOP17 Starting Battery 1 A052M016 Enclosure Installation Kit (Arrow) 1 A052E356 Battery Heater Kit 1 NSBOP21 Start up & testing 1 OTECSEC OTECSEC, OTEC Service Entrance Transfer Switch-Electronic Control: 300A/400A/600A 1 OTECSE400 OTECSE400, Service Entrance TransferSwitch, PowerCommand, 400 Amp 1 S043-7 Listing - UL 1008 1 A035-7 Application - Utility to Genset 1 B002-7 Cabinet - Type 3R 1 A028-7 Poles - 3 (Solid Neutral) 1 208 Project: City of Aspen Puppy Smith Switch Station- Sourcewell Quotation: City of Aspen Puppy Smith Submittal BOM Quotation: City of Aspen Puppy Smith Submittal BOM Page 2 of 2 A044-7 Frequency - 60 Hz 1 A042-7 System - 3 Phase, 3 or 4 Wire 1 R021-7 Voltage - 208 Volts AC 1 M033-7 Genset Starting Battery - 12V DC 1 C110-7 PC40 Control 1 L202-7 Aux Relay - Emergency Position - 12 Volts DC 1 L203-7 Aux Relay - Normal Position - 12 Volts DC 1 M081-7 Interface - Communications Network, MODBUS RTU Module 1 G004-7 Transfer Switch Warranty - 2 Year Comprehensive 1 209 Section 2 – Generator Spec Sheets 210 power.cummins.com ©2018 Cummins Inc. | NAS-6092-EN - 06DEC2019.DOCX (12/19) A054P028 Specification sheet Spark-ignited generator set 45–100 kW Standby EPA emissions Description Cummins® generator sets are fully integrated power generation systems providing optimum performance, reliability and versatility for stationary Standby applications. Cooling system - Standard cooling package provides reliable running at up to 50 °C (122 °F) ambient temperature. Enclosures - The aesthetically appealing enclosure incorporates special designs that deliver one of the quietest generators of its kind. Aluminium material plus durable powder coat paint provides the best anti-corrosion performance. The generator set enclosure has been evaluated to withstand 180 MPH wind loads in accordance with ASCE7 -10. The design has hinged doors to provide easy access for service and maintenance. NFPA - The generator set accepts full rated load in a single step in accordance with NFPA 110 for Level 1 systems. Warranty and service - Backed by a comprehensive warranty and worldwide distributor network. Features Gas engine - Rugged 4-cycle Cummins QSJ5.9G spark-ignited engine delivers reliable power. The electronic air/fuel ratio control provides optimum engine performance and fast response to load changes. Alternator - Several alternator sizes offer selectable motor starting capability with low reactance 2/3 pitch windings, low waveform distortion with non-linear loads and fault clearing short-circuit capability. Control system - The PowerCommand® 1.1 electronic control is standard equipment and provides total generator set system integration including automatic remote starting/stopping, precise frequency and voltage regulation, alarm and status message display, output metering, auto-shutdown at fault detection and NFPA 110 Level 1 compliance. The PowerCommand 2.3 control is also optional and is UL 508 Listed and provides AmpSentryTM protection. Natural gas Propane Data sheets Standby Standby Model kW kVA kW kVA C45 N6 45 56 45 56 NAD-6093-EN C50 N6 50 63 50 63 NAD-6094-EN C60 N6 60 75 60 75 NAD-6095-EN C70 N6 70 88 70 88 NAD-6096-EN C80 N6 80 100 80 100 NAD-6097-EN C100 N6 100 125 100 125 NAD-6098-EN 211 power.cummins.com ©2018 Cummins Inc. | NAS-6092-EN - 06DEC2019.DOCX (12/19) A054P028 Generator set specifications Governor regulation class ISO8528 Part 1 Class G3 Voltage regulation, no load to full load ± 1.0% Random voltage variation ± 1.0% Frequency regulation Isochronous Random frequency variation ± 0.25% @ 60 Hz Radio frequency emissions compliance Meets requirements of most industrial and commercial applications Engine specifications Design Naturally aspirated or turbocharged (varies by generator set model) Bore 102.1 mm (4.02 in.) Stroke 119.9 mm (4.72 in.) Displacement 5.9 liters (359 in3) Cylinder block Cast iron, in-line 6 cylinder Battery capacity 850 amps at ambient temperature of 0 °F to 32 °F (-18 °C to 0 °C) Battery charging alternator 52 amps Starting voltage 12 volt, negative ground Lube oil filter type(s) Spin-on with relief valve Standard cooling system 50 °C (122 °F) ambient cooling system Rated speed 1800 rpm Alternator specifications Design Brushless, 4 pole, drip proof, revolving field Stator 2/3 pitch Rotor Direct coupled, flexible disc Insulation system Class H per NEMA MG1-1.65 Standard temperature rise 120 ºC (248 °F) Standby Exciter type Torque match (shunt) with PMG as option Alternator cooling Direct drive centrifugal blower AC waveform Total Harmonic Distortion (THDV) < 5% no load to full linear load, < 3% for any single harmonic Telephone Influence Factor (TIF) < 50 per NEMA MG1-22.43 Telephone Harmonic Factor (THF) < 3% Available voltages 1-phase 3-phase • 120/240 • 120/208 • 120/240 • 277/480 • 347/600 • 127/220 Generator set options Fuel system • Single fuel - natural gas or propane vapor, field selectable • Dual fuel – natural gas and propane vapor auto changeover • Low fuel gas pressure warning Engine • Engine air cleaner • Shut down – low oil pressure • Extension – oil drain • Engine oil heater Alternator • 120 °C temperature rise alternator • 105 °C temperature rise alternator • PMG • Alternator heater, 120 V • Reconnectable full 1 phase output alternator Control • AC output analog meters • Stop switch – emergency • Auxiliary output relays (2) • Auxiliary configurable signal inputs (8) and relay outputs (8) Electrical • One, two or three circuit breaker configurations • 80% rated circuit breakers • 100% rated LSI circuit breakers • Battery charger Enclosure • Sound Level 1 or Level 2 enclosure, sandstone or green color • Weather protective enclosure with muffler installed, green color • Winter protective enclosure, green color Cooling system • Shutdown – low coolant level • Warning – low coolant level • Extension – coolant drain • Coolant heater options: - <4 °C (40 °F) – cold weather - <-17 °C (0 °F) – extreme cold Exhaust system • Exhaust connector NPT • Exhaust muffler mounted Generator set application • Base barrier – elevated genset • Battery rack, standard battery • Battery rack, larger battery • Radiator outlet duct adapter Warranty • Base warranty – 2 year/1000 hours, Standby • 3 year Standby warranty options • 5 year Standby warranty options 212 power.cummins.com ©2018 Cummins Inc. | NAS-6092-EN - 06DEC2019.DOCX (12/19) A054P028 Generator set accessories • Coolant heaters – 1000 W/1500 W • Battery rack, standard/larger battery • Battery heater kit • Engine oil heater • Remote control displays • Auxiliary output relays (2) • Auxiliary configurable signal inputs (8) and relay outputs (8) • Annunciator – RS485 • Remote monitoring device – PowerCommand 500/550 • Battery charger – stand-alone, 12 V • Circuit breakers • Enclosure Sound Level 1 to Sound Level 2 upgrade kit • Base barrier – elevated generator set • Mufflers – industrial, residential or critical • Alternator PMG • Alternator heater Control system PowerCommand 1.1 • Low coolant temperature warning • High, low and weak battery voltage warning • Fail to start (overcrank) shutdown • Fail to crank shutdown • Redundant start disconnect • Cranking lockout • Sensor failure indication • Low fuel level warning or shutdown Alternator data • Line-to-Line and Line-to-neutral AC volts • 3-phase AC current • Frequency • Total kVa Engine data • DC voltage • Lube oil pressure • Coolant temperature • Engine speed Other data • Generator set model data • Start attempts, starts, running hours • Fault history • RS485 Modbus® interface • Data logging and fault simulation (requires InPower service tool) Digital governing (optional) • Integrated digital electronic isochronous governor • Temperature dynamic governing Digital voltage regulation • Integrated digital electronic voltage regulator • 2-phase Line-to-Line sensing • Configurable torque matching Control functions • Time delay start and cooldown • Cycle cranking • PCCNet interface • (2) Configurable inputs • (2) Configurable outputs • Remote emergency stop • Automatic Transfer Switch (ATS) control • Generator set exercise, field adjustable PowerCommand control is an integrated generator set control system providing voltage regulation, engine protection, operator interface and isochronous governing (optional). Major features include: • Battery monitoring and testing features and smart starting control system. • Standard PCCNet interface to devices such as remote annunciator for NFPA 110 applications. • Control boards potted for environmental protection. • Control suitable for operation in ambient temperatures from -40 °C to +70 °C (-40 °F to +158 °F) and altitudes to 5000 meters (13,000 feet). • Prototype tested; UL, CSA, and CE compliant. • InPower™ PC-based service tool available for detailed diagnostics. Operator/display panel • Manual off switch • Alpha-numeric display with pushbutton access for viewing engine and alternator data and providing setup, controls and adjustments (English or international symbols) • LED lamps indicating generator set running, not in auto, common warning, common shutdown, manual run mode and remote start • Suitable for operation in ambient temperatures from -40 °C to +70 °C • Bargraph display (optional) AC protection • Over current warning and shutdown • Over and under voltage shutdown • Over and under frequency shutdown • Over excitation (loss of sensing) fault • Field overload Engine protection • Overspeed shutdown • Low oil pressure warning and shutdown • High coolant temperature warning and shutdown • Low coolant level warning or shutdown 213 power.cummins.com ©2018 Cummins Inc. | NAS-6092-EN - 06DEC2019.DOCX (12/19) A054P028 Options • Auxiliary output relays (2) • Remote annunciator with (3) configurable inputs and (4) configurable outputs • PMG alternator excitation • PowerCommand 500/550 for remote monitoring and alarm notification (accessory) • Auxiliary, configurable signal inputs (8) and configurable relay outputs (8) • Digital governing • AC output analog meters (bargraph) - Color-coded graphical display of: - 3-phase AC voltage - 3-phase current - Frequency - kVa • Remote operator panel • PowerCommand 2.3 control with AmpSentry protection Ratings definitions Emergency Standby Power (ESP): Applicable for supplying power to varying electrical load for the duration of power interruption of a reliable utility source. Emergency Standby Power (ESP) is in accordance with ISO 8528. Fuel Stop power in accordance with ISO 3046, AS 2789, DIN 6271 and BS 5514. Limited-Time Running Power (LTP): Applicable for supplying power to a constant electrical load for limited hours. Limited Time Running Power (LTP) is in accordance with ISO 8528. Prime Power (PRP): Applicable for supplying power to varying electrical load for unlimited hours. Prime Power (PRP) is in accordance with ISO 8528. Ten percent overload capability is available in accordance with ISO 3046, AS 2789, DIN 6271 and BS 5514. Base Load (Continuous) Power (COP): Applicable for supplying power continuously to a constant electrical load for unlimited hours. Continuous Power (COP) in accordance with ISO 8528, ISO 3046, AS 2789, DIN 6271 and BS 5514. This outline drawing is for reference only. See respective model data sheet for specific model outline drawing number. Do not use for installation design 214 power.cummins.com ©2018 Cummins Inc. | NAS-6092-EN - 06DEC2019.DOCX (12/19) A054P028 Model Dim “A” mm (in.) Dim “B” mm (in.) Dim “C” mm (in.) Set weight*wet kg (lbs.) Open set C45 N6 2489 (98) 1016 (40) 1473 (58) 989 (2180) C50 N6 2489 (98) 1016 (40) 1473 (58) 989 (2180) C60 N6 2489 (98) 1016 (40) 1473 (58) 1103 (2431) C70 N6 2489 (98) 1016 (40) 1473 (58) 1111 (2449) C80 N6 2489 (98) 1016 (40) 1473 (58) 1173 (2587) C100 N6 2489 (98) 1016 (40) 1473 (58) 1233 (2719) Weather protective enclosure C45 N6 2489 (98) 1016 (40) 1473 (58) 1070 (2359) C50 N6 2489 (98) 1016 (40) 1473 (58) 1070 (2359) C60 N6 2489 (98) 1016 (40) 1473 (58) 1184 (2610) C70 N6 2489 (98) 1016 (40) 1473 (58) 1192 (2628) C80 N6 2489 (98) 1016 (40) 1473 (58) 1255 (2766) C100 N6 2489 (98) 1016 (40) 1473 (58) 1315 (2898) Sound attenuated enclosure Level 1 C45 N6 3023 (119) 1016 (40) 1473 (58) 1114 (2455) C50 N6 3023 (119) 1016 (40) 1473 (58) 1114 (2455) C60 N6 3023 (119) 1016 (40) 1473 (58) 1227 (2706) C70 N6 3023 (119) 1016 (40) 1473 (58) 1236 (2724) C80 N6 3023 (119) 1016 (40) 1473 (58) 1298 (2862) C100 N6 3023 (119) 1016 (40) 1473 (58) 1358 (2994) Sound attenuated enclosure Level 2 C45 N6 3454 (136) 1016 (40) 1473 (58) 1127 (2485) C50 N6 3454 (136) 1016 (40) 1473 (58) 1127 (2485) C60 N6 3454 (136) 1016 (40) 1473 (58) 1241 (2736) C70 N6 3454 (136) 1016 (40) 1473 (58) 1249 (2754) C80 N6 3454 (136) 1016 (40) 1473 (58) 1312 (2892) C100 N6 3454 (136) 1016 (40) 1473 (58) 1372 (3024) Winter protective enclosure C45 N6 3701 (146) 1016 (40) 1473 (58) 1152 (2535) C50 N6 3701 (146) 1016 (40) 1473 (58) 1152 (2535) C60 N6 3701 (146) 1016 (40) 1473 (58) 1266 (2786) C70 N6 3701 (146) 1016 (40) 1473 (58) 1275 (2804) C80 N6 3701 (146) 1016 (40) 1473 (58) 1337 (2942) C100 N6 3701 (146) 1016 (40) 1473 (58) 1397 (3074) * Weights above are average. Actual weight varies with product configuration. 215 For more information contact your local Cummins distributor or visit power.cummins.com ©2018 Cummins Inc. All rights reserved. Cummins is a registered trademark of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy working for you.” are trademarks of Cummins Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice. NAS-6092-EN - 06DEC2019.DOCX (12/19) A054P028 Codes and standards Codes or standards compliance may not be available with all model configurations – consult factory for availability. The Prototype Test Support (PTS) program verifies the performance integrity of the generator set design. Cummins products bearing the PTS symbol meet the prototype test requirements of NFPA 110 for Level 1 systems. The generator set is available Listed to UL 2200, Stationary Engine Generator Assemblies. International Building Code The generator set is certified to International Building Code (IBC) 2012. All low voltage models are CSA certified to product class 4215-01. This generator set is designed in facilities certified to ISO 9001 and manufactured in facilities certified to ISO 9001 or ISO 9002. U.S. EPA Engine certified to U.S. EPA SI Stationary Emission Regulation 40 CFR, Part 60. Warning: Back feed to a utility system can cause electrocution and/or property damage. Do not connect to any building’s electrical system except through an approved device or after building main switch is open. 216 power.cummins.com ©2018 Cummins Inc. | NAD-6096-EN-1.DOCX (12/18) Generator set data sheet Model: C70 N6 Frequency: 60 Hz Fuel type: Natural gas/propane kW rating: 70 natural gas Standby 70 propane Standby Emissions level: EPA Emissions Fuel consumption Natural gas Standby Propane Standby kW (kVA) kW (kVA) Ratings 70 (88) 70 (88) Load 1/4 1/2 3/4 Full 1/4 1/2 3/4 Full scfh 406.4 596.7 796.0 970.0 168.8 245.7 311.1 390.0 m3/hr 11.51 16.9 22.54 27.47 4.78 6.98 8.81 11.04 Engine Natural gas Standby rating Propane Standby rating Engine model QSJ5.9G-G3 Configuration Cast iron, in-line 6 cylinder Aspiration Turbocharged and after-cooled Gross engine power output, kWm (bhp) 121.3 (162.7) Bore, mm (in.) 102.1 (4.02) Stroke, mm (in.) 119.9 (4.72) Rated speed, rpm 1800 Compression ratio 8.5:1 Lube oil capacity, L (qt.) 14.2 (15) Overspeed limit, rpm 2250 Fuel supply pressure Minimum operating pressure, kPa (in H2O) 1.5 (6.0) Maximum operating pressure, kPa (in H2O) 3.2 (13.0) Air Natural gas Standby rating Propane Standby rating Combustion air, m3/min (scfm) 6.9 (244.6) 6.9 (245.3) Maximum normal duty air cleaner restriction, kPa (in H2O) 0.4 (1.5) 0.4 (1.5) Maximum heavy duty air cleaner restriction, kPa (in H2O) 3.7 (15) 3.7 (15) 217 power.cummins.com ©2018 Cummins Inc. | NAD-6096-EN-1.DOCX (12/18) Exhaust Natural gas Standby rating Propane Standby rating Exhaust flow at rated load, m3/min (cfm) 21.2 (749.9) 19.6 (690.8) Exhaust temperature, °C (°F) 635.2 (1175.3) 645.6 (1194.1) Exhaust maximum back pressure, kPa (in H2O) 7 (28.1) 7 (28.1) Standard set-mounted radiator cooling1 Ambient design, °C (°F) 50 (122) Fan load, kW (HP) 9 (12) Coolant capacity (with radiator), L (US gal) 16 (4.2) Cooling system air flow, m3/min (scfm) 218.0 (7700) Maximum cooling air flow static restriction, kPa (in H2O) 0.12 (0.5) Weights2 Unit dry weight kgs (lbs) 1153 (2542) Unit wet weight kgs (lbs) 1192 (2628) Notes: 1 For non-standard remote installations contact your local Cummins representative. 2 Weights represent a set with standard features. See outline drawing for weights of other configurations. Alternator data Standard alternators Natural gas/propane single phase table Natural gas/propane three phase table Full single phase output, reconnectable Maximum temperature rise above 40 °C ambient 120 °C 120 °C 120 °C 120 °C 120 °C 120 °C 120 °C Feature code BB90-2 B986-2 B946-2 B943-2 B952-2 BB86-2 BB88-2 Alternator data sheet number ADS-205 ADS-205 ADS-205 ADS-204 ADS-204 ADS-204 ADS-207 Voltage ranges 120/240 120/240 120/208 277/480 347/600 127/220 120 - 480 Voltage feature code R104-2 R106-2 R098-2 R002-2 R114-2 R020-2 Varies by voltage Surge kW 99.5 102.8 102.8 102.8 102.8 102.2 Varies by voltage Motor starting kVA (at 90% sustained voltage) Shunt 260 260 260 231 231 231 360 PMG 306 306 306 272 272 272 423 Full load current amps at Standby rating 292 211 243 105 84 230 Varies by voltage 218 For more information contact your local Cummins distributor or visit power.cummins.com ©2018 Cummins Inc. All rights reserved. Cummins is a registered trademark of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy working for you.” are trademarks of Cummins Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice. NAD-6096-EN-1.DOCX (12/18) Alternator data (continued) Optional alternators for improved starting capability Natural gas/propane single phase table Natural gas/propane three phase table Full single phase output, reconnectable Maximum temperature rise above 40 °C ambient 105 °C 105 °C 105 °C 105 °C 105 °C 105 °C 105 °C Feature code BB91-2 BB94-2 BB93-2 BB95-2 BB92-2 BB85-2 BB87-2 Alternator data sheet number ADS-206 ADS-205 ADS-205 ADS-205 ADS-205 ADS-205 ADS-207 Voltage ranges 120/240 120/240 120/208 277/480 347/600 127/220 120 - 480 Voltage feature code R104-2 R106-2 R098-2 R002-2 R114-2 R020-2 Varies by voltage Surge kW 97.7 102.8 102.8 103.6 103.6 103.6 Varies by voltage Motor starting kVA (at 90% sustained voltage) Shunt 313 260 260 260 260 260 360 PMG 368 306 306 306 306 306 423 Full load current amps at Standby rating 292 211 243 105 84 230 Varies by voltage Derating factors Natural gas/propane Standby Engine power available up to 2591 m (8500 ft.) at ambient temperatures up to 40 °C (104 °F). Above these elevations derate at 4% per 305 m (1000 ft.) and 2% per 10 °C above 40 °C (104 °F). Ratings definitions Emergency Standby Power (ESP): Limited-Time Running Power (LTP): Prime Power (PRP): Base Load (Continuous) Power (COP): Applicable for supplying power to varying electrical load for the duration of power interruption of a reliable utility source. Emergency Standby Power (ESP) is in accordance with ISO 8528. Fuel Stop power in accordance with ISO 3046, AS 2789, DIN 6271 and BS 5514. Applicable for supplying power to a constant electrical load for limited hours. Limited-Time Running Power (LTP) is in accordance with ISO 8528. Applicable for supplying power to varying electrical load for unlimited hours. Prime Power (PRP) is in accordance with ISO 8528. Ten percent overload capability is available in accordance with ISO 3046, AS 2789, DIN 6271 and BS 5514. Applicable for supplying power continuously to a constant electrical load for unlimited hours. Continuous Power (COP) is in accordance with ISO 8528, ISO 3046, AS 2789, DIN 6271 and BS 5514. Formulas for calculating full load currents: Three phase output Single phase output kW x 1000 kW x Single Phase Factor x 1000 Voltage x 1.73 x 0.8 Voltage Warning: Back feed to a utility system can cause electrocution and/or property damage. Do not connect to any building’s electrical system except through an approved device or after building main switch is open. 219 power.cummins.com ©2019 Cummins Inc. | PDS-1569 | PD00000157 | (02/22) Specification Sheet PowerCommand® 2.3 Control System Control System Description Features The PowerCommand control system is a microprocessor-based generator set monitoring, metering and control system designed to meet the demands of today’s engine driven generator sets. The integration of all control functions into a single control system provides enhanced reliability and performance, compared to conventional generator set control systems. These control systems have been designed and tested to meet the harsh environment in which gensets are typically applied. x 320 x 240 pixels graphic LED backlight LCD. x Multiple language support. x AmpSentry™ protective relay - true alternator overcurrent protection. x Real time clock for fault and event time stamping. x Exerciser clock and time of day start/stop. x Digital voltage regulation. Three phase full wave FET type regulator compatible with either shunt or PMG systems. x Generator set monitoring and protection. x 12 and 24 VDC battery operation. x Modbus® interface for interconnecting to customer equipment. x Warranty and service. Backed by a comprehensive warranty and worldwide distributor service network. x Certifications - suitable for use on generator sets that are designed, manufactured, tested and certified to relevant UL, NFPA, ISO, IEC, Mil Std., CE, UKCA and CSA standards. 220 power.cummins.com ©2019 Cummins Inc. | PDS-1569 | PD00000157 | (02/22) PowerCommand Digital Genset Control PCC 2300 Description The PowerCommand generator set control is suitable for use on a wide range of generator sets in non-paralleling applications. The PowerCommand control is compatible with shunt or PMG excitation style. It is suitable for use with reconnectable or non-reconnectable generators, and it can be configured for any frequency, voltage and po wer connection from 120-600 VAC Line-to-Line. Power for this control system is derived from the generator set starting batteries. The control functions over a voltage range from 8 VDC to 30 VDC. Features x 12 and 24 VDC battery operation. x Digital voltage regulation - Three phase full wave FET type regulator compatible with either shunt or PMG systems. Sensing is three phase. x Full authority engine communications (where applicable) - Provides communication and control with the Engine x due to thermal Control Module (ECM). x AmpSentry” protection provides industry-leading alternator overcurrent protection: - Time-based generator protection applicable to both line-to-line and line-to-neutral, that can detect an unbalanced fault condition and swiftly react appropriately. Balanced faults can also be detected by AmpSentry and appropriate acted upon. x Reduces the risk of Arc Flash overload or electrical faults by inverse time protection x Common harnessing - with higher feature Cummins controls. Allows for easy field upgrades. x Generator set monitoring - Monitors status of all critical engine and alternator functions. x Digital genset metering (AC and DC). x Genset battery monitoring system to sense and warn against a weak battery condition. x Configurable for single or three phase AC metering. x Engine starting - Includes relay drivers for starter, Fuel Shut Off (FSO), glow plug/spark ignition power and switch B+ applications. x Generator set protection – Protects engine and alternator. x Real time clock for fault and event time stamping. x Exerciser clock and time of day start/stop. x Advanced serviceability - using InPower™, a PC-based software service tool. x Environmental protection - The control system is designed for reliable operation in harsh environments. The main control board is a fully encapsulated module that is protected from the elements. x Modbus interface for interconnecting to customer equipment. x Configurable inputs and outputs - Four discrete inputs and four dry contact relay outputs. x Warranty and service - Backed by a comprehensive warranty and worldwide distributor service network. x Certifications - Suitable for use on generator sets that are designed, manufactured, tested and certified to relevant UL, NFPA, ISO, IEC, Mil Std., CE and CSA standards. Base Control Functions HMI Capability Operator adjustments - The HMI includes provisions for many set up and adjustment functions. Generator set hardware data - Access to the control and software part number, generator set rating in kVA and generator set model number is provided from the HMI or InPower. Data logs - Includes engine run time, controller on time, number of start attempts, total kWh, and load profile (control logs data indicating the operating hours at percent of rated kW load, in 5% increments. The data is presented on the operation panel based on total operating hours on the generator.) Fault history - Provides a record of the most recent fault conditions with control date and time stamp. Up to 32 events are stored in the control non-volatile memory. Alternator data - Voltage (single or three phase Line-to-Line and Line-to- Neutral) - Current (single or three phase) - kW, kVar, power factor, kVA (three phase and total) - Frequency AmpSentry: 3x current regulation for downstream tripping/motor inrush management. Thermal damage curve (3-phase short) or fixed timer (2 sec for 1- Phase Short or 5 sec for 2-Phase short). Engine data - Starting battery voltage - Engine speed - Engine temperature - Engine oil pressure - Engine oil temperature - Intake manifold temperature - Comprehensive Full Authority Engine (FAE) data (where applicable) Service adjustments - The HMI includes provisions for adjustment and calibration of generator set control functions. Adjustments are protected by a password. Functions include: 221 power.cummins.com ©2019 Cummins Inc. | PDS-1569 | PD00000157 | (02/22) Service adjustments (continued) - Engine speed governor adjustments - Voltage regulation adjustments - Cycle cranking - Configurable fault set up - Configurable output set up - Meter calibration - Display language and units of measurement Engine Control SAE-J1939 CAN interface to full authority ECMs (where applicable). Provides data swapping between genset and engine controller for control, metering and diagnostics. 12 VDC/24 VDC battery operations - PowerCommand will operate either on 12 VDC or 24 VDC batteries. Temperature dependent governing dynamics (with electronic governing) - modifies the engine governing control parameters as a function of engine temperature. This allows the engine to be more responsive when warm and more stable when operating at lower temperature levels. Isochronous governing - (where applicable) Capable of controlling engine speed within +/-0.25% for any steady state load from no load to full load. Frequency drift will not exceed +/-0.5% for a 33 °C (60 °F) change in ambient temperature over an 8 hour period. Droop electronic speed governing - Control can be adjusted to droop from 0 to 10% from no load to full load. Remote start mode - It accepts a ground signal from remote devices to automatically start the generator set and immediately accelerate to rated speed and voltage. The remote start signal will also wake up the control from sleep mode. The control can incorporate a time delay start and stop. Remote and local emergency stop - The control accepts a ground signal from a local (genset mounted) or remote (facility mounted) emergency stop switch to cause the generator set to immediately shut down. The generator set is prevented from running or cranking with the switch engaged. If in sleep mode, activation of either emergency stop switch will wakeup the control. Sleep mode - The control includes a configurable low current draw state to minimize starting battery current draw when the genset is not operating. The control can also be configured to go into a low current state while in auto for prime applications or applications without a battery charger. Engine starting - The control system supports automatic engine starting. Primary and backup start disconnects are achieved by one of two methods: magnetic pickup or main alternator output frequency. The control also supports configurable glow plug control when applicable. Cycle cranking - Is configurable for the number of starting cycles (1 to 7) and duration of crank and rest periods. Control includes starter protection algorithms to prevent the operator from specifying a starting sequence that might be damaging. Time delay start and stop (cooldown) - Configurable for time delay of 0-300 seconds prior to starting after receiving a remote start signal and for time delay of 0-600 seconds prior to shut down after signal to stop in normal operation modes. Default for both time delay periods is 0 seconds. Alternator Control The control includes an integrated three phase Line-to- Line sensing voltage regulation system that is compatible with shunt or PMG excitation systems. The voltage regulation system is a three phase full wave rectified and has an FET output for good motor starting capability. Major system features include: Digital output voltage regulation - Capable of regulating output voltage to within +/-1.0% for any loads between no load and full load. Voltage drift will not exceed +/- 1.5% for a 40 ºC (104 ºF) change in temperature in an eight hour period. On engine starting or sudden load acceptance, voltage is controlled to a maximum of 5% overshoot over nominal level. The automatic voltage regulator feature can be disabled to allow the use of an external voltage regulator. Droop voltage regulation - Control can be adjusted to droop from 0-10% from no load to full load. Torque-matched V/Hz overload control - The voltage roll- off set point and rate of decay (i.e. the slope of the V/Hz curve) is adjustable in the control. Fault current regulation - PowerCommand will regulate the output current on any phase to a maximum of three times rated current under fault conditions for both single phase and three phase faults. In conjunction with a permanent magnet generator, it will provide three times rated current on all phases for motor starting and short circuit coordination purpose. Protective Functions On operation of a protective function the control will indicate a fault by illuminating the appropriate status LED on the HMI, as well as display the fault code and fault description on the LCD. The nature of the fault and time of occurrence are logged in the control. The service manual and InPower service tool provide service keys and procedures based on the service codes provided. Protective functions include: Battle Short Mode When enabled and the battle short switch is active, the control will allow some shutdown faults to be bypassed. If a bypassed shutdown fault occurs, the fault code and description will still be annunciated, but the genset will not shutdown. This will be followed by a fail to shutdown fault. Emergency stop shutdowns and others that are critical for proper operation are not bypassed. Please refer to the control application guide or manual for list of these faults. 222 power.cummins.com ©2019 Cummins Inc. | PDS-1569 | PD00000157 | (02/22) Derate The derate function reduces output power of the genset in response to a fault condition. If a derate command occurs while operating on an isolated bus, the control will issue commands to reduce the load on the genset via contact closures or modbus. Configurable Alarm and Status Inputs The control accepts up to four alarm or status inputs (configurable contact closed to ground or open) to indicate a configurable (customer-specified) condition. The control is programmable for warning, shutdown or status indication and for labeling the input. Emergency Stop Annunciated whenever either emergency stop signal is received from external switch. Full Authority Electronic Engine Protection Engine fault detection is handled inside the engine ECM. Fault information is communicated via the SAE- J1939 data link for annunciation in the HMI. General Engine Protection Low and high battery voltage warning - Indicates status of battery charging system (failure) by continuously monitoring battery voltage. Weak battery warning - The control system will test the battery each time the generator set is signaled to start and indicate a warning if the battery indicates impending failure. Fail to start (overcrank) shutdown - The control system will indicate a fault if the generator set fails to start by the completion of the engine crack sequence. Fail to crank shutdown - Control has signaled starter to crank engine but engine does not rotate. Cranking lockout - The control will not allow the starter to attempt to engage or to crank the engine when the engine is rotating. Alternator Protection AmpSentry protective relay - A comprehensive monitoring and control system integral to the PowerCommand Control System that guards the electrical integrity of the alternator and power system by providing protection against a wide array of fault conditions in the generator set or in the load. It also provides single and three phase fault current regulation so that downstream protective devices have the maximum current available to quickly clear fault conditions without subjecting the alternator to potentially catastrophic failure conditions. Thermal damage curve (3-Phase short) or fixed timer (2 sec for 1-Phase short, 5 sec for 2-Phase short). See document R1053 for a full-size time over current curve. AmpSentry Maintenance Mode (AMM) - Instantaneous tripping, if AmpSentry Maintenance mode is active (50mS response to turn off AVR excitation/shutdown genset) for arc flash reduction when personnel are near genset. High AC voltage shutdown (59) - Output voltage on any phase exceeds preset values. Time to trip is inversely proportional to amount above threshold. Values adjustable from 105-125% of nominal voltage, with time delay adjustable from 0.1-10 seconds. Default value is 110% for 10 seconds. Low AC voltage shutdown (27) - Voltage on any phase has dropped below a preset value. Adjustable over a range of 50-95% of reference voltage, time delay 2-20 seconds. Default value is 85% for 10 seconds. Function tracks reference voltage. Control does not nuisance trip when voltage varies due to the control directing voltage to drop, such as during a V/Hz roll-off during synchronizing. Under frequency shutdown (81 u) - Generator set output frequency cannot be maintained. Settings are adjustable from 2-10 Hz below reference governor set point, for a 5- 20 second time delay. Default: 6 Hz, 10 seconds. Under frequency protection is disabled when excitation is switched off, such as when engine is operating in idle speed mode. Over frequency shutdown/warning (81 o) - Generator set is operating at a potentially damaging frequency level. Settings are adjustable from 2-10 Hz above nominal governor set point for a 1-20 second time delay. Default: 6 Hz, 20 seconds, disabled. 223 power.cummins.com ©2019 Cummins Inc. | PDS-1569 | PD00000157 | (02/22) Overcurrent warning/shutdown - Thresholds and time delays are configurable. Implementation of the thermal damage curve with instantaneous trip level calculated based on current transformer ratio and application power rating. Loss of sensing voltage shutdown - Shutdown of generator set will occur on loss of voltage sensing inputs to the control. Field overload shutdown - Monitors field voltage to shutdown generator set when a field overload condition occurs. Over load (kW) warning - Provides a warning indication when engine is operating at a load level over a set point. Adjustment range: 80-140% of application rated kW, 0-120 second delay. Defaults: 105%, 60 seconds. Reverse power shutdown (32) - Adjustment range: 5-20% of standby kW rating, delay 1-15 seconds. Default: 10%, 3 seconds. Reverse Var shutdown - Shutdown level is adjustable: 15-50% of rated Var output, delay 10-60 seconds. Default: 20%, 10 seconds. Short circuit protection - Output current on any phase is more than 175% of rating and approaching the thermal damage point of the alternator. Control includes algorithms to protect alternator from repeated over current conditions over a short period of time. Field Control Interface Input signals to the PowerCommand control include: - Coolant level (where applicable) - Fuel level (where applicable) - Remote emergency stop - Remote fault reset - Remote start - Battleshort - Rupture basin - Start type signal - Configurable inputs - Control includes (4) input signals from customer discrete devices that are configurable for warning, shutdown or status indication, as well as message displayed Output signals from the PowerCommand control include: - Load dump signal: Operates when the generator set is in an overload condition. - Delayed off signal: Time delay based output which will continue to remain active after the control has removed the run command. Adjustment range: 0 – 120 seconds. Default: 0 seconds. - Configurable relay outputs: Control includes (4) relay output contacts (3 A, 30 VDC). These outputs can be configured to activate on any control warning or shutdown fault as well as ready to load, not in auto, common alarm, common warning and common shutdown. - Ready to load (generator set running) signal: Operates when the generator set has reached 90% of rated speed and voltage and latches until generator set is switched to off or idle mode. Communications Connections Include: - PC tool interface: This RS-485 communication port allows the control to communicate with a personal computer running InPower software. - Modbus RS-485 port: Allows the control to communicate with external devices such as PLCs using Modbus protocol. Note - An RS-232 or USB to RS-485 converter is required for communication between PC and control. - Networking: This RS-485 communication port allows connection from the control to the other Cummins products. Mechanical Drawings 224 power.cummins.com ©2019 Cummins Inc. | PDS-1569 | PD00000157 | (02/22) PowerCommand Human Machine Interface HMI320 Description This control system includes an intuitive operator interface panel that allows for complete genset control as well as system metering, fault annunciation, configuration and diagnostics. The interface includes five genset status LED lamps with both internationally accepted symbols and English text to comply with customer’s needs. The interface also includes an LED backlit LCD display with tactile feel soft-switches for easy operation and screen navigation. It is configurable for units of measurement and has adjustable screen contrast and brightness. The run/off/auto switch function is integrated into the interface panel. All data on the control can be viewed by scrolling through screens with the navigation keys. The control displays the current active fault and a time-ordered history of the five previous faults. Features x LED indicating lamps: - Genset running - Remote start - Not in auto - Shutdown - Warning - Auto - Manual and stop x 320 x 240 pixels graphic LED backlight LCD. x Four tactile feel membrane switches for LCD defined operation. The functions of these switches are defined dynamically on the LCD. x Seven tactile feel membrane switches dedicated screen navigation buttons for up, down, left, right, ok, home and cancel. x Six tactile feel membrane switches dedicated to control for auto, stop, manual, manual start, fault reset and lamp test/panel lamps. x Two tactile feel membrane switches dedicated to control of circuit breaker (where applicable). x Allows for complete genset control setup. x Certifications: Suitable for use on generator sets that are designed, manufactured, tested and certified to relevant UL, NFPA, ISO, IEC, Mil Std., CE and CSA standards. x LCD languages supported: English, Spanish, French, German, Italian, Greek, Dutch, Portuguese, Finnish, Norwegian, Danish, Russian and Chinese Characters. Communications connections include: x PC tool interface - This RS-485 communication port allows the HMI to communicate with a personal computer running InPower. x This RS-485 communication port allows the HMI to communicate with the main control board. Mechanical Drawing Software InPower (beyond 6.5 version) is a PC-based software service tool that is designed to directly communicate to PowerCommand generator sets and transfer switches, to facilitate service and monitoring of these products. Environment The control is designed for proper operation without recalibration in ambient temperatures from -40 ºC to +70º C (-40 ºF to 158 ºF) and for storage from -55 ºC to +80 ºC (-67 ºF to 176 ºF). Control will operate with humidity up to 95%, non-condensing. The HMI is designed for proper operation in ambient temperatures from -20 ºC to +70 ºC (-4 ºF to 158 ºF) and for storage from -30 ºC to +80 ºC (-22 ºF to 176 ºF). The control board is fully encapsulated to provide superior resistance to dust and moisture. Display panel has a single membrane surface, which is impervious to effects of dust, moisture, oil and exhaust fumes. This panel uses a sealed membrane to provide long reliable service life in harsh environments. The control system is specifically designed and tested for resistance to RFI/EMI and to resist effects of vibration to provide a long reliable life when mounted on a generator set. The control includes transient voltage surge suppression to provide compliance to referenced standards. 225 For more information contact your local Cummins distributor or visit power.cummins.com ©2019 Cummins Inc. All rights reserved. Cummins is a registered trademark of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy working for you.” are trademarks of Cummins Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice. PDS-1569 | PD00000157 | (02/22) Certifications PowerCommand meets or exceeds the requirements of the following codes and standards: - NFPA 110 for level 1 and 2 systems. - ISO 8528-4: 1993 compliance, controls and switchgear. - CE marking: The CE marking is only valid when equipment is used in a fixed installation application. Material compliance declaration is available upon request. - UKCA marking: The UKCA marking is only valid when equipment is used in a fixed installation application. Material compliance declaration is available upon request. - EN50081-1,2 residential/light industrial emissions or industrial emissions. - EN50082-1,2 residential/light industrial or industrial susceptibility. - ISO 7637-2, level 2; DC supply surge voltage test. - Mil Std 202C, Method 101 and ASTM B117: Salt fog test. - UL 6200 recognized and suitable for use on UL 2200 Listed generator sets. - CSA C282-M1999 compliance - CSA 22.2 No. 14 M91 industrial controls. - PowerCommand control systems and generator sets are designed and manufactured in ISO 9001 certified facilities. Warranty All components and subsystems are covered by an express limited one year warranty. Other optional and extended factory warranties and local distributor maintenance agreements are available. 226 2023 EPA Exhaust Emission Compliance Statement C70 N6 Standby 60 Hz Spark Ignited Generator Set Cummins Inc. Data and specification subject to change without notice EPA-1303j (11/22) Compliance Information: The engine used in this generator set complies with U.S. EPA emissions regulations under the provisions of 40 CFR Part 60, Stationary Emergency Spark-Ignited emissions limits when tested per ISO 8178 D1. Engine Manufacturer: Cummins Inc. EPA Certificate Number: PCEXB05.9ALB-006 Effective Date: 07/25/2022 Date Issued: 07/25/2022 EPA Engine Family (Cummins Emissions Family): PCEXB05.9ALB Engine Information: Model: QSJ5.9G-G3 Bore: 4.02 in. (102 mm) Engine Nameplate HP: 113.6 Stroke: 4.72 in. (120 mm) Type: 4 Cycle, In-Line, 6 Cylinder Displacement: 359.0 cu. in. (6 liters) Aspiration: Turbocharged and Aftercooled Compression Ratio: 8.5:1 Emission Control Device: Electronic Air/Fuel Ratio Control and Closed-Loop Breather System Exhaust Stack Diameter: 4.0 in (102 mm) U.S. Environmental Protection Agency Station Emergency SI Emission Limits Grams per BHP-hr Grams per kWm-hr Natural Gas NOx VOC CO NOx VOC CO EPA Emissions Limit 2.0 1.0 4.0 2.7 1.3 5.4 Grams per BHP-hr Grams per kWm-hr Propane (LP) NOx VOC CO NOx VOC CO EPA Emissions Limit 2.0 1.0 4.0 2.7 1.3 5.4 Tests conducted using alternate methods, instrumentation, fuel or reference conditions can yield different results. Engine operation with excessive air intake or exhaust restriction beyond published maximum limits, or with improper maintenance, may result in elevated emission levels. 227 Cooling system data C70 N6 Cummins Inc. Data and specification subject to change without notice MCP-1123 (09/17) High ambient air temperature radiator cooling system Max cooling @ air flow static restriction, unhoused (inches water/mm water) Housed in free air, no air discharge restriction 0.0/0.0 0.25/6.4 0.5/12.7 0.75/19.1 1.0/25.4 F216 F231 F217 Fuel type Duty Rating (kW) Maximum allowable ambient temperature, degree C 60 Hz Natural Gas Standby 70 55 55 55 N/A N/A 55 55 55 High ambient air temperature radiator cooling system Max cooling @ air flow static restriction, unhoused (inches water/mm water) Housed in free air, no air discharge restriction 0.0/0.0 0.25/6.4 0.5/12.7 0.75/19.1 1.0/25.4 F216 F231 F217 Fuel type Duty Rating (kW) Maximum allowable ambient temperature, degree C 60 Hz Propane Standby 70 55 55 55 N/A N/A 55 55 55 Notes: 1. Data shown are anticipated cooling performance for typical generator set. 2. Cooling data is based on 1000 ft (305 m) site test location. 3. Generator set power output may need to be reduced at high ambient conditions. Refer generator set data sheet for derate schedules. 4. Cooling performance may be reduced due to several factors including but not limited to: Incorrect installation, improper operation, fouling of the cooling system, and other site installation variables. 228 Sound data C70 N6 60 Hz Cummins Inc. Data and specification subject to change without notice MSP-1253 (10/17) Sound pressure level @ 7 meters, dB(A) See notes 1-6 listed below Configuration Position (note 1) 8 Position average 1 2 3 4 5 6 7 8 Standard – unhoused Infinite exhaust 74.6 78.8 77.4 80.7 77.1 80.9 78.6 78.7 78.7 F216-2 weather protective enclosure, aluminium Mounted 76.7 80.8 79.3 82.8 79.7 82.4 79.6 79.8 80.5 F231-2 sound attenuated level 1 enclosure, aluminium Mounted 74.5 73.8 69.5 72.1 72 71.9 69.4 74.6 72.6 F217-2 sound attenuated level 2 enclosure, aluminium Mounted 70 71.2 68.6 70.6 70.6 70.5 67.5 71.4 70.2 Sound power level, dB(A) See notes 2-4, 7 and 8 listed below Configuration Octave band center frequency (Hz) Overall sound power level 31.5 63 125 250 500 1000 2000 4000 8000 Standard – unhoused Infinite exhaust 53.8 70.3 81.5 90.6 99.2 101.2 101.0 95.9 91.6 106.1 F216-2 weather protective enclosure, aluminium Mounted 55.4 89.6 96.6 93.2 100.2 100.3 99.2 96.1 93.5 106.4 F231-2 sound attenuated level 1 enclosure, aluminium Mounted 56.8 73.1 82.1 88.8 95.7 96.4 95.2 91.5 86.7 101.6 F217-2 sound attenuated level 2 enclosure, aluminium Mounted 56.7 72.7 82.0 87.0 94.0 92.3 90.5 87.1 82.8 98.3 Exhaust sound power level, dB(A) See note 2 and 9 listed below Open exhaust (no muffler) @ rated load Octave band center frequency (Hz) Overall sound power level 31.5 63 125 250 500 1000 2000 4000 8000 41.3 78.0 86.2 84.9 94.7 95.0 96.2 98.8 96.9 103.8 Note: 1. Position 1 faces the generator front per ISO 8528-10. The positions proceed around the generator set in a counter-clockwise direction in 45° increments. All positions are at 7 m (23 ft) from the surface of the generator set and 1.2 m (48 in) from floor level. 2. Sound levels are subject to instrumentation, measurement, installation and manufacturing variability. 3. Data based on full rated load. 4. Sound data for generator set with infinite exhaust do not include exhaust noise. 5. Sound pressure levels are measured per ANSI S1.13 and ANSI S12.18, as applicable. 6. Reference sound pressure is 20 μPa. 7. Sound power levels per ISO 3744 and ISO 8528-10, as applicable. 8. Reference power = 1 pw (10-12 W). 9. Exhaust sound power levels are per ISO 6798, as applicable. 229 Cummins Inc. Data and specification subject to change without notice ADS-205 (02/18) Alternator data sheet Frame size: UC2G Characteristics Weights: Wound stator assembly: 287 lb 130 kg Rotor assembly: 276 lb 125 kg Complete alternator: 816 lb 370 kg Maximum speed: 2250 rpm Excitation current: Full load: 2 Amps No load: 0.5 Amps Insulation system: Class H throughout 1 ∅∅∅∅ Ratings (1.0 power factor) 60 Hz 50 Hz (Based on specific temperature rise at 40 °C ambient temperature) Double delta 4 lead Double delta 120/240 120/240 110-120 220-240 125 °C rise ratings kW/kVA 63/63 75/75 57/57 105 °C rise ratings kW/kVA 59/59 66/66 50/50 3 ∅∅∅∅ Ratings (0.8 power factor) Upper broad range LBR* 347/600 Broad range (Based on specified temperature rise at 40 °C ambient temperature) 120/208 240/416 139/240 277/480 190-208 380-416 347/600 110/190 220/380 120/208 240/415 127/220 254/440 150 °C Rise ratings kW kVA 79 98 88 110 82 103 88 110 70 88 70 88 65 81 125 °C Rise ratings kW kVA 75 94 83 104 80 100 83 104 68 85 68 85 63 79 105 °C Rise ratings kW kVA 70 88 76 95 75 94 76 95 60 75 60 75 57 71 80 °C Rise ratings kW kVA 60 75 66 83 65 81 66 83 54 68 54 68 50 63 3 ∅∅∅∅ Reactances (per unit, ± 10%) (Based on full load at 105 °C rise rating) Synchronous 2.48 2.02 2.02 1.77 2.15 1.80 1.52 Transient 0.18 0.15 0.15 0.13 0.17 0.14 0.12 Subtransient 0.12 0.10 0.10 0.09 0.11 0.10 0.08 Negative sequence 0.13 0.11 0.11 0.10 0.13 0.11 0.09 Zero sequence 0.09 0.08 0.08 0.08 0.09 0.08 0.07 3 ∅∅∅∅ Motor starting Maximum kVA (Shunt) 260 260 260 189 (90% sustained voltage) (PMG) 306 306 306 236 Time constants (Sec) Transient 0.030 0.030 0.030 0.030 Subtransient 0.008 0.008 0.008 0.008 Open circuit 0.750 0.750 0.750 0.750 DC 0.007 0.007 0.007 0.007 230 Cummins Inc. Data and specification subject to change without notice ADS-205 (02/18) Alternator data sheet Frame size: UC2G Windings (@ 20° C) Stator resistance (Line to Line, Ohms) 0.1200 0.0720 0.1660 0.1200 Rotor resistance (Ohms) 0.9300 0.9300 0.9300 0.9300 Number of leads 12 12 6 12 * Lower broad range 110/190 thru 120/208, 220/380 thru 240/416. 231 Section 3 – Generator Drawings 232 Sheet 1 of 3 Part Name: A051E742 Revision: A Drawing Name: A051E743 Revision: A 233 Sheet 2 of 3 Part Name: A051E742 Revision: A Drawing Name: A051E743 Revision: A 234 Sheet 1 of 3 Part Name: A051P365 Revision: A Drawing Name: A051P366 Revision: A 235 Sheet 2 of 3 Part Name: A051P365 Revision: A Drawing Name: A051P366 Revision: A 236 A B C D E F G H A B C D E F G H 12567 12345678 8 4 3 R R 2X 2482 97.7[ ] DIM A DUCT,INLET (SOUND LEVEL 2 ENCLOSURE) 3X 50 2[ ] DIM B COOLING AIR INLET CLEARANCE (SUGGESTED MINIMUM) 915 36[ ] 1853 72.9[ ] 1453 57.2[ ] 1853 72.9[ ] 400 15.7[ ] DUCT OUTLET (WEATHER ENCLOSURE) 80 3.2[ ] 1016 40[ ] 200 7.9[ ] END CAP (ENCLOSURE) 80 3.2[ ] DUCT OUTLET (SOUND ENCLOSURE) 534 21.024[ ] COOLING AIR OUTLET CLEARANCE (WEATHER ENCLOSURE SUGGESTED MINIMUM) 750 29.528[ ] 2X 182 7.1[ ] 430 16.9[ ] 432 17[ ] 2X 826 32.5[ ] 361 14.2[ ] 594 23.4[ ] 596 23.5[ ] 364 14.3[ ] 102 4[ ] 25 1[ ] 991 39[ ] 2380 93.7[ ] 2X 964 37.95[ ] 2X 759 29.88[ ] 3X 155 6.1[ ] GENSET MODEL APPLICATION C45 N6 C50 N6 C60 N6 C70 N6 C80 N6 C100 N6 C50 D6C C60 D6C C80 D6C C100 D6C C125 D6C MODEL/PLATFORM: ARROW THIS PART IS SIMILAR TO: UNLESS OTHERWISE SPECIFIED THE FOLLOWING SHALL APPLY ANG. TOL.: # 1$ DIMENSIONAL TOLERANCES:X # 1 .X # 0.8 .XX # 0.38 FEATURE CODE F231-2 OR F217-2 OR F216-2 F269-2 DIM A 440[17.3] 684[26.9] DIM B 750[29.5] 994[39.1] Part Number A050P698 Part Noun Name OUTLINE,GENSET Cummins Inc. R DIMENSIONS ARE IN: MILLIMETERS [ ] ARE IN: -SIZE:E SCALE:0.188 DIMENSIONING AND TOLERANCING PER: ASME Y14.5-2009 THIRD ANGLE PROJECTION CAD SYSTEM PTC Creo Parametric NOTES: 1. DIMENSIONS IN [ ] ARE IN INCHES. GENERATOR SET BASE HAS A FLANGE THICKNESS OF 3.42 MM ALLOW EXTRA LENGTH ON HARDWARE FOR UNEVENNESS OF MOUNTING SURFACE. GENERATOR SET BASE PERIMETER IS SHOWN. FOUNDATION SHOULD BE EXTENDED BEYOND THIS PERIMETER. SEE (T030) APPLICATION MANUAL. FUEL SIDE INLET CLEARANCE. APPLICABLE TO MODELS C45 N6, C50 N6, C60 N6, C70 N6, C80 N6, & C100 N6. (NOTE REMOVED) 6. FOR IBC SEISMIC CERTIFIED INSTALLATIONS, SEE GENSET IBC SEISMIC INSTALLATION REQUIREMENTS DRAWING. HOLES IN GENERATOR SET BASE AT THESE LOCATIONS ARE INTENDED FOR ATTACHMENT TO THE MOUNTING SURFACE. HOLE NOT USED. ACCESSORY WIRE STUB-UP (AC) GENSET CONTROL WIRE STUB-UP (DC) CIRCUIT BREAKER C STUB-UP (BARRIER) CIRCUIT BREAKER B STUB-UP (BARRIER) CIRCUIT BREAKER A STUB-UP (BARRIER) 4X M16 OR 5/8 BOLT OR STUD 2 3 4 5 7 8 8 8 7 8 8 7 7 4 4 3 2 7 Cummins Data Classification: Cummins Confidential This document (and the information shown thereon) is Confidential and Proprietary and shall not be disclosed to others in hard copy or electronic form, reproduced by any means, or used for any purpose without written consent of Cummins Inc. Part Number: A050P698 Part Revision: E Part Name: OUTLINE,GENSET Drawing Category: Detail State: Released Document Generated: 13MAY2021 14:20 GMTSheet 1 of 2237 Section 4 – Generator Accessories 238 power.cummins.com ©2021 Cummins Inc. | NAAC-5943-EN / PDA059R693 (06/21) Specification Sheet Battery Charger-6 Amp A045D925 60Hz/50Hz Description Features Cummins® fully automatic battery chargers are designed to both recharge your batteries, and extend your battery’s life in applications where it is stored for long periods of time. This charger can handle poor power quality, exposure to extreme weather and rough handling. To maximize battery life, a 3-stage charging cycle is implemented. The three charging stages are bulk stage, absorption stage and maintenance stage. During the bulk stage, the charger uses its full amp output to do the heaviest charging, quickly bringing your battery to about 75% of capacity. In the absorption stage, the current slows, adjusting for maximum charging efficiency while it gently tops off the battery to about 98% of capacity. During the maintenance stage, a lower, closely- regulated, constant voltage is applied to maintain full charge and prevent discharge. Unlike some “trickle chargers,” the float charger won’t apply more current than necessary to maintain full charge. Batteries can be connected indefinitely, without harm; in fact, the float charge extends battery life. Protection – Surge protected to IEEE and EN standards. All models include single pole cartridge type fuses mounted on the printed circuit board to protect against input or output overcurrent. Lightweight and Silent – Lighter than transformer types, completely silent but still provides full output when overloaded outlets drop AC voltage below the normal 115V. Monitoring – Status LED indicators are provided to show the condition or charging status of the battery. When the red LED is on, it indicates that the battery is discharged and is recharging at the ‘BULK’ rate. When both the red and green LEDs are on, the battery is charging at the ‘midrange’ rate. When the green LED is on, the battery is 90% charged and ready for use. Construction – Made using epoxy-potted cases making it the ultimate in durability, completely waterproof and able to withstand numerous caustic chemicals and gases, as well as being shockproof. Fault Indication – The charger senses and indicates the following fault conditions: Defective or damaged cells, under-voltage at the battery, battery drawing more current than charger can replace, loss of power or extremely low AC voltage at the charger, other battery fault conditions and charger failure. Compatibility – Works with Sealed Lead Acid (SLA), Absorbed Glass Mat (AGM) and Gel type batteries. Low Electromagnetic and Radio Frequency Interference – This product meets FCC class B for conducted and radiated emissions. Listed – This product is UL listed according to the UL 1236 Standard. Warranty – This product has a two year warranty 239 For more information contact your local Cummins distributor or visit power.cummins.com ©2021 Cummins Inc. All rights reserved. Cummins is a registered trademark of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy working for you.” are trademarks of Cummins Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice. NAAC-5943-EN / PDA059R693 (06/21) Specifications Performance and Physical Characteristics Output: Nominal voltage 12 VDC Float voltage – 12 V batteries 13.0-13.6 VDC at 0-2 amps Maximum output current 6 A @ 12 VDC nom Input:Voltage AC 115, 208, 240 ±10%, 90-135 Frequency 60 Hz ±5% Battery: Maximum battery size 150 Amp Hours Maximum recharge time 20 hours Approximate net weight 4 lbs. (1.81 Kg) Approximate dimensions: height x width x depth-in(mm) 2.25 x 6.4 x 3.5 (57 x 162 x 89) Ambient temperature operation: At full rated output -40°F to 122 °F (-40 °C to 50 °C) Warning: Back feed to a utility system can cause electrocution and/or property damage. Do not connect generator sets to any building electrical system except through an approved device or after building main switch is open. Warning: For professional use only. Must be installed by a qualified service technician. Improper installation presents hazards of electrical shock and improper operation, resulting in severe personal injury and/or property damage. 240 Sheet 1 of 4 Part Name: A049J918 Revision: B Drawing Name: A049J919 Revision: B 241 Sheet 2 of 4 Part Name: A049J918 Revision: B Drawing Name: A049J919 Revision: B 242 Feature Breaker Box Description Cummins Part Manufacturer Breaker Catalog Number Trip Unit Plug Code # Type KV35-2 CB,Loc A,50A,3P,600VAC,80%,UL A043L461 Schneider HDL36050 Thermal Magnetic N/A Electric KV36-2 CB,Loc A,60A,3P,600VAC,80%,UL A043L459 Schneider HDL36060 Thermal Magnetic N/A Electric KV37-2 CB,Loc A,70A,3P,600VAC,80%,UL A043L451 Schneider HDL36070 Thermal Magnetic N/A Electric KV38-2 CB,Loc A,80A,3P,600VAC,80%,UL A043L012 Schneider HDL36080 Thermal Magnetic N/A Electric KV39-2 CB,Loc A,90A,3P,600VAC,80%,UL A043K997 Schneider HDL36090 Thermal Magnetic N/A Electric KV40-2 CB,Loc A,100A,3P,600VAC,80%,UL A043L024 Schneider HDL36100 Thermal Magnetic N/A Electric KV41-2 CB,Loc A,125A,3P,600VAC,80%,UL A043K994 Schneider HDL36125 Thermal Magnetic N/A Electric KV42-2 CB,Loc A,150A,3P,600VAC,80%,UL A043K991 Schneider HDL36150 Thermal Magnetic N/A Electric KV43-2 CB,Loc A,175A,3P,600VAC,80%,UL A043L619 Schneider JDL36175 Thermal Magnetic N/A Electric KV44-2 CB,Loc A,200A,3P,600VAC,80%,UL A043L520 Schneider JDL36200 Thermal Magnetic N/A Electric KV45-2 CB,Loc A,225A,3P,600VAC,80%,UL A043L517 Schneider JDL36225 Thermal Magnetic N/A Electric KV46-2 CB,Loc A,250A,3P,600VAC,80%,UL A043L510 Schneider JDL36250 Thermal Magnetic N/A Electric KV47-2 CB,Loc A,250A,3P,600VAC,100%,UL A044C640 Schneider JDL36250U31XLC MicroLogic 3.2S N/A Electric KV55-2 CB,Loc B,15A,2P,600VAC,80%,UL A043E189 Schneider HDL26015 Thermal Magnetic N/A Electric KV57-2 CB,Loc B,25A,2P,600VAC,80%,UL A043E191 Schneider HDL26025 Thermal Magnetic N/A Electric KV58-2 CB,Loc B,30A,2P,600VAC,80%,UL A043E185 Schneider HDL26030 Thermal Magnetic N/A Electric KV59-2 CB,Loc B,40A,2P,600VAC,80%,UL A043E183 Schneider HDL26040 Thermal Magnetic N/A Electric Our energy working for you. ™ power.cummins.com ©2022 Cummins Inc. | NAS-6236-EN (12/22) | A056F944 243 Sheet 1 of 2 Part Name: A052M016 Revision: C Drawing Name: A052M017 Revision: C 244 Sheet 1 of 2 Part Name: A052E356 Revision: B Drawing Name: A052E357 Revision: B 245 Section 5 – ATS Spec Sheets & Drawings 246 POWERCOMMAND® OTECSE TRANSFER SWITCH POWERCOMMAND® 40-01 CONTROL | OPEN TRANSITION | 40 A-1000 A AUTOMATIC TRANSFER SWITCH | SERVICE ENTRANCE RATED DESCRIPTION The OTECSE series transfer switch provides the basic features typically required for primary source and generator set monitoring, generator set starting and load transfer functions for emergency standby power applications. They are suitable for use in emergency, legally required, and optional standby circuits in commercial and light industrial applications. The OTECSE transfer switch features the new PowerCommand® 40 control with a comprehensive feature list to suit a wide variety of ATS applications. FEATURES PowerCommand® 40-01 control – A fully featured microprocessor-based control with LCD digital display and tactile-feel soft-switches for easy operation and screen navigation. Control highlights include Modbus communication, front panel PC software configuration. Advanced features include, three phase sensing on both sources, manual restore to S1, synch check, and event logging capability. Please see the S-6560 PowerCommand® 40-01 control specification sheet for the full description, benefits and features. Overcurrent disconnect device – Square D UL Listed 489 molded case circuit breaker. Programmed transition – Open transition timing can be adjusted to completely disconnect the load from both sources for a programmed time period, as recommended by NEMA MG-1 for transfer of inductive loads. Advanced transfer switch mechanism – Unique bi-directional linear actuator provides virtually frictionless constant force, straight-line transfer switch action during automatic operation. Positive interlocking – Mechanical and electrical interlocking prevent source- to-source connection through the power or control wiring. Main contacts – Heavy-duty silver alloy contacts used with multi-leaf arc chutes are rated for motor loads or total system load transfer. They require no routine contact maintenance. Continuous load current not to exceed 80% of switch rating and tungsten loads not to exceed 30% of switch rating. Ease of service and access – Single-plug harness connection and compatible terminal markings simplify servicing. Access space is ample. Door- mounted controls are field-programmable; no special tools are required. Complete product line – Cummins is a single source supplier with a wide range of equipment, accessories and services to suit virtually any backup power application. Warranty and service - Products are backed by a comprehensive warranty and a worldwide network of distributors with factory-trained service technicians. 247 POWERCOMMAND ® OTECSE TRANSFER SWITCH SPEC SHEET TRANSFER SWITCH MECHANISM A bi-directional linear motor actuator powers the transfer switch. This design provides virtually friction-free, constant force, straight-line transfer switch action with no complex gears or linkages. Independent break-before-make action is used for both 3-pole and 4- pole/switched neutral switches. On 4-pole/switched neutral switches, this action prevents objectionable ground currents and nuisance ground fault tripping that can result from overlapping designs. A mechanical interlock prevents simultaneous closing of normal and emergency contacts. Electrical interlocks prevent simultaneous closing signals to normal and emergency contacts and interconnection of normal and emergency sources through the control wiring. High pressure silver alloy contacts resist burning and pitting. Separate arcing surfaces further protect the main contacts. Contacts are mechanically held in both normal and emergency positions for reliable, quiet operation. Contact wear is reduced by multiple leaf arc chutes that cool and quench the arcs. Barriers separate the phases to prevent interphase flashover. A transparent protective cover allows visual inspection while inhibiting inadvertent contact with energized components. Switch mechanism, including contact assemblies, is UL 1008 certified to verify suitability for applications requiring high endurance switching capability for the life of the transfer switch. Withstand and closing ratings are validated using the same set of contacts, further demonstrating the robust nature of the design. SPECIFICATIONS Voltage rating Up to 480 V AC, 50 or 60 Hz. Arc interruption Multiple leaf arc chutes provide dependable arc interruption. Neutral bar A full current-rated neutral bar with lugs is standard on enclosed 3-pole transfer switches. Auxiliary contacts Two isolated contacts (one for each source) indicating switch position are provided for customer use. Contacts are normally open, and close to indicate connection to the source. Wired to terminal block for easy access. Rated at 10 A Continuous and 250 V AC maximum. Operating temperature -13 ˚F (-25 ˚C) to 140 ˚F (60 ˚C) Storage temperature -40 ˚F (-40 ˚C) to 140 ˚F (60 ˚C) Humidity Up to 95 % relative, non-condensing Altitude Up to 10,000 ft (3,000 m) without derating Surge withstand ratings Control tested to withstand voltage surges per EN60947-6-1. Total transfer time (source-to-source) Will not exceed 6 cycles at 60 Hz with normal voltage applied to the actuator and without programmed transition enabled. Manual operation* Transfer switch mechanisms are equipped with means to manually transfer. All sources must be de-energized before manual operation is attempted. Overcurrent disconnect device Service entrance switches have a Square D UL 489 listed molded case circuit breaker. 1000 Amp switches also have a current transformer and integral residual ground fault protection *See Operator Manual for further details. 248 POWERCOMMAND ® OTECSE TRANSFER SWITCH SPEC SHEET TRANSITION MODES Open delayed transition – In this transition mode the time required for the transfer switch to transfer between sources is adjustable so that the load- generated voltages decay to a safe level before connecting to an energized source. Recommended by NEMA MG-1 to prevent nuisance tripping breakers and load damage. Adjustable 0.5 secs - 10 minutes, and default 0.5 seconds. Open in-phase translation – Initiates open transition transfer when in-phase monitor senses both sources are in phase (voltage, phase and frequency). Operates in a break-before-make sequence. Includes ability to enable programmed transition as a backup. The module waits indefinitely for synchronization unless the ‘Return to programmed transition’ function is active in which case after 2 minutes it performs a programmed delayed transfer. UL 1008 WITHSTAND AND CLOSING RATINGS (WCR) Withstand and Closing Ratings (WCR) are stated in symmetrical RMS amperes. Frame Amperage With specific MCCB (kA at 480V) Square-D breaker part number Cummins part number Trip unit A (3-pole only) 40 35 HGM36040 0320-2346-75 Standard Thermal Magnetic 70 HGM36070 0320-2346-74 100 HGM36100 A035E003 125 HGM36125 0320-2346-73 B 150, 200, 225, 250 65 LJM36250CU31X A046F867 Micrologic 3.3 (LI) C 300, 400, 600 65 PJM36060U31C 0320-2410-02 Micrologic 3.0 (LI) D 800 65 RJF36080U31A A058R115 Micrologic 3.0A (LI) 1000 65 RJF36100U44A 0320-2563-01 Micrologic 6.0A (LSIG) TRANSFER SWITCH LUG CAPACITIES Frame Amperage rating (A) Emergency and load power cables Emergency and load neutral cables Service power cables Service neutral Cables per phase Cable size Number of Cables Cable size Cables per phase Cable size Number of Cables Cable size A 40, 70, 100, 125 1 #12 AWG-2/0 CU/AL Emerg #14 AWG-2/0 CU/AL Load 2 #14 AWG-2/0 CU/AL 1 #14 AWG-3/0 CU/AL 1 #14 AWG- 2/0 CU/AL B 150, 200, 225, 250 1 #6 AWG-400 MCM CU/AL 2 #6 AWG-400 MCM CU/AL 1 #2 OWG-600 MCM CU or #2 AWG-500 MCM AL 1 #6 AWG- 400 MCM CU/AL C 300, 400, 600 2 250-500 MCM CU/AL 4 250-500 MCM CU/AL 3 3/0-500 MCM CU/AL 2 250-500 MCM CU/AL D 800, 1000 4 250-500 MCM CU/AL 8 250-500 MCM CU/AL 4 #2 AWG-600 MCM CU/AL 4 250-500 MCM CU/AL *All lugs 90°C rated and accept copper or aluminum wire unless indicated otherwise. Refer to the latest NFPA 70 Article 310 - Conductors for general wiring for the ampacity calculations. 249 POWERCOMMAND ® OTECSE TRANSFER SWITCH SPEC SHEET ENCLOSURE The transfer switch and control are wall-mounted in a key-locking enclosure. Wire bend space complies with 2017 NEC. OTECSE SERVICE ENTRANCE DIMENSIONS – TRANSFER SWITCH IN UL TYPE 1 ENCLOSURE Frame Amperage rating (A) Height Width Depth Weight in mm in mm in mm lb kg A 40, 70, 100, 125, 3-pole 45.8 1164 32 814 16.3 413 300 136 B 150, 200, 225, 250 73.6 1869 32.3 820 19.7 499 500 227 C 300, 400, 600 74.5 1892 34.4 873 20.1 510.4 520 236 D 800, 1000 90 2286 39 991 26.3 667 920 417 OTECSE SERVICE ENTRANCE DIMENSIONS – TRANSFER SWITCH IN UL TYPE 3R, OR 12 ENCLOSURE Frame Amperage rating (A) Height Width Depth Weight in mm in mm in mm lb kg A 40, 70, 100, 125, 3-pole 45.8 1164 32 814 16.3 413 340 154 B 150, 200, 225, 250 73.6 1869 32.3 820 19.7 499 580 263 C 300, 400, 600 74.5 1892 34.4 873 20.1 510.4 600 272 D 800, 1000 90 2286 39 991 26.3 667 920 417 ENCLOSURE ACCESS FOR CABLE INSTALLATION AND MAINTENANCE All frames allow for top, side, and bottom cable entry. NEC Requires Minimum 36” Front Access. Additional front clearance is needed to remove the mechanism. Refer to the outline drawing. OTECSE DRAWING PART NUMBERS Outline Drawing Frame Amperage rating (A) Type 1, 3R, or 12 A 40, 70, 100, 125 (3-pole) A065S433 B 150, 200, 225, 250 A065S434 C 300, 400, 600 A065S435 D 800, 1000 A065S436 WIRING DIAGRAM PART NUMBERS Wiring Diagram Frame Amperage rating (A) Utility to Genset (120 – 480 V) Interconnection A 40, 70, 100, 125 (3-pole) A065K034 A065H780 B 150, 200, 225, 250 A065H781 C 300, 400, 600 D 800, 1000 250 POWERCOMMAND ® OTECSE TRANSFER SWITCH SPEC SHEET SUBMITTAL DETAIL The Product codes below have been shortened for brevity. In long form, each four-letter product code will be preceded with a OTECSEX, where X = A, B, C, D or E. For example, OTECSEB_A045-7 Model 40, 70, 100, 125 A, (3-pole) 150, 200, 225, 250 A 300, 400, 600 A 800, 1000 A Poles A028 Poles – 3 (solid neutral) A029 Poles – 4 (switched neutral) (not available for 40-125 A) Application A035 Utility-to-genset Frequency A044 60 Hz A045 50 Hz Phase A041 single phase, 2-wire or 3-wire A042 three phase, 3-wire or 4-wire Voltage ratings R020 120V R038 190V R021 208V R022 220V R023 240V R024 380V R025 416V R035 440 V R026 480 V Enclosure B001 Type 1: Indoor use, provides some protection against dirt (similar to IEC type IP30) B002 Type 3R: Intended for outdoor use, provides some protection from dirt, rain and snow (similar to IEC type IP34) B010 Type 12: Indoor use, some protection from dust (similar to IEC type IP61). Standards S043 Listing-UL 1008 certification A080 IBC seismic certification Control voltage M033 12V, Genset starting voltage M034 24V, Genset starting voltage Control options M032 Elevator signal relay M081 MODBUS RS485 Communication module Auxiliary relays Relays are UL Listed, and factory installed. All relays provide (2) normally closed isolated contacts rated 10A @ 600 VAC. Relay terminals accept (1) 18 gauge to (2) 12-gauge wires per terminal. L101 24 VDC coil - installed, not wired (for customer use). L102 24 VDC coil - emergency position – relay energized when switch is in source 2 (emergency) position. L103 24 VDC coil - normal position - relay energized when switch is in source 1 (normal) position L201 12 VDC coil installed, not wired (for customer use) L202 12 VDC coil - emergency position – relay energized when switch is in source 2 (emergency) position L203 12 VDC coil - normal position - relay energized when switch is in source 1 (normal) position Warranty G004 2-years, comprehensive G007 5-years, comprehensive G014 3-years, comprehensive G015 10-years, comprehensive Shipping A051 Packing - export box (800 – 1000 A) Request for quotation (RFQ) Z555 Nonconfigurable spec [ETO] Accessories Refer to AC-170 Accessories specification sheet for more details. 0332-3302* Terminal block - 30 points (not wired). A065L320 Control panel cover guard, factory installed A065L321 Control panel cover guard, field installed 251 POWERCOMMAND ® OTECSE TRANSFER SWITCH SPEC SHEET For more information, please contact your local Cummins distributor or visit cummins.com Our energy working for you.™ S-6557 PD00000753 Rev. 03/23 ©2021 Cummins Inc. All rights reserved. Cummins is a registered trademark of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy working for you.” are trademarks of Cummin s Inc. Othe r com pan y, produ ct, or se r vice name s may be trademark s or se rvice mark s of oth ers. Spe cification s are subje ct to change without notice. Display controllers meet the following Electromagnetic Compatibility (EMC) standards: EN 61000-6-2 Generic Immunity Standard for the Industrial Environment. EN 61000-6-4 Generic Emission Standard for the Industrial Environment. Suitable for use in emergency, legally required and Standby and Critical Operations Power Systems (COPS) applications per NEC 700, 701, 702 and 708. NEC® All switches comply with IEEE 446 Recommended Practice for Emergency and Standby Power Systems. All switches comply with NFPA 70, 99 and 110 (Level 1). All switches are certified to IBC 2018. IBC® All switches comply with NEMA ICS 10. All switches are designed and manufactured in facilities certified to ISO 9001. ISO® All switches are UL 1008 Listed and labeled suitable only for use as service equipment – normal source only, with UL 50E Type Rated cabinets and UL Listed CU-AL terminals. CODES AND STANDARDS 252 DESCRIPTION The PowerCommand® 40-01 Transfer Switch Control is a sophisticated microprocessor-based control with the basic features you need for primary source and generator set monitoring, generator set starting and load transfer functions for emergency standby power applications. The control human machine interface (HMI) includes a LCD display with tactile-feel soft-switches for easy operation and screen navigation. All data on the control can be viewed by scrolling through screens with a display scroll button. The control displays the current active fault, fault occurrences and time- ordered history of the 10 previous faults with respect to Real Time Clock Stamp and Engine Running Time. FEATURES Digital display – The PowerCommand® 40-01 offers a clear back-lit LCD 4-line text display, showing system status, contextual icons and warnings. The display is also equipped with 9 red and green LEDs indicating operational status. Modbus network communication – Modbus network communications capable. Optional Modbus RTU RS485 connection (1 serial port). Diagnostics and reporting – Detailed event logging with enhanced fault codes, alert lists, power event history, and diagnostic capability during service events and provides the ability to meet any reporting requirements. PC & Front Panel Configurations – The modules can be easily configured using the PC software. Selected front panel editing is also available. Ease of service and access – Built-in plug-and-play control with minimized point-to-point connections and compatible terminal markings simplify servicing. OTEC TRANSFER SWITCHES POWERCOMMAND® 40-01 TRANSFER SWITCH CONTROL 253 POWERCOMMAND® 40-01 TRANSFER SWITCH CONTROL SPEC SHEET HUMAN MACHINE INTERFACE (HMI) CAPABILITIES Tactile push button selects ‘Auto’ mode Tactile push button selects ‘Auto’ mode LED Indicates ‘Auto’ mode Tactile push button selects ‘Manual’ mode Tactile push button selects ‘Stop’ mode Common Alarm Status LED LED indicates source available Tactile push button transfers load to S2 Tactile push button transfers load to S1 Info button Display scroll button LED indicates source power connected Complete product line – Cummins is a single source supplier with full scope of power system solutions, integration and service capability, from parallelingto system level controls, switchgear and remote connectivity. Warranty and service – Products are backed by a comprehensive warranty and a worldwide network of distributors with factory-trained service technicians. Isometric (ISO) projection: front views 254 POWERCOMMAND® 40-01 TRANSFER SWITCH CONTROL SPEC SHEET CONTROL FUNCTIONS TRANSFER INHIBIT When transfer inhibit external input is active, the control does not automatically transfer the transfer switch to a standby source even when the preferred source fails. RETRANSFER INHIBIT When retransfer inhibit external input is active, the control does not automatically retransfer the transfer switch to a preferred source even when the preferred source returns. REAL TIME CLOCK This feature is used by the control for fault and event time stamping and as a reference for exerciser schedules and exception schedules. TEST – REMOTE Test feature allows the user to automatically test the standby source and the transfer switch. The test command can be issued from the remote source. The test has following types available: Remote Start On Load Remote Start Off Load PREFERRED SOURCE SELECTION Using this feature the user can swap the priority of the sources which are preferred and standby. ELEVATOR SIGNAL This optional feature allows an elevator connected to the system to come to a complete stop before the switch transfers. EXERCISER SCHEDULER The Scheduler allows the user to configure pre-set automatic starting and stopping of the Generator as well as stopping the ATS carrying out a transfer (when in Auto mode). BANK 1 / BANK 2 Each Bank of the Exercise Scheduler is used to give up to 8 scheduled runs per bank, 16 in total. This run schedule is configurable to repeat every 7 days (weekly) or every 28 days (monthly). Do Not Transfer, Off Load and On Load. Each scheduler bank configured differently either to weekly or monthly based exercises. SOURCE AVAILABILITY This feature monitors the frequency and voltage sensors on the preferred and standby sources to determineand declare the availability status of the two sources, irrespective of which source is connected to the load. It declares the states as event codes. Preferred/Standby Available - active inactive. VOLTAGE SENSING 3-phase sensing on Source 1 and Source 2 (up to 600 Vac with no need for additional PTs). Plant battery voltage monitoring. ALPHANUMERIC DISPLAY S2 Voltage L1-N S2 Voltage L-L S2 Frequency S1 Voltage L1-N S1 Voltage L-L S1 Frequency Battery voltage Current alarms with icons Event log Scheduler About 255 POWERCOMMAND® 40-01 TRANSFER SWITCH CONTROL SPEC SHEET TIME DELAYS The following adjustable time delays are built into the transfer switch control. External modules to accomplish these delays are not required. Start Delay (Also known as Time Delay Engine Start, TDES adjustable from 0 to 10 hours) Warming (Also known as Time Delay Normal to Emergency, TDNE adjustable from 0 to 1 hour) Elevator Delay (Also known as Time Delay Elevator, TDEL adjustable from 0 to 5 minutes) Non-sync Transfer Time (Also known as Time Delay Programmed Transition, TDPT adjustable from 0.5 s to 10 minutes) Return Delay (Also known as Time Delay Emergency to Normal, TDEN adjustable from 0 to 5 hours) Cooling (Also known as Time Delay Engine Cool-down, TDEC adjustable from 0 to 1 hour) LED INDICATOR LIGHTS Auto mode (RED) Auto with manual return to utility mode (RED) Test without load (RED) Test with load (RED) Source 1 available (GREEN) Source 2 available (GREEN) Source 1 connected to load (GREEN) Source 2 connected to load (GREEN) EVENT LOG The control displays information on up to 10 events displayed in chronological order, beginning with the most recent event, about either source. The event information shall include the following: Failure modes Warning Tests and exercises User-driven inputs (e.g., override, transfer inhibit) SUPPORTED APPLICATIONS APPLICATION TYPES Utility - Generator Set COMMUNICATIONS The PowerCommand® 40-01 Transfer Switch Control features an optional network communication module. Features include: Optional Modbus® RTU RS485 communication module (1 isolated serial port) USB port for service tool interface PROTECTION PHASE ROTATION SENSING Source 1 and Source 2 UNDER-VOLTAGE SENSING 3-phase normal, 3-phase emergency Accuracy: ±2 % of full-scale phase to phase Phase to neutral voltage range 50Vac to 414Vac. Phase to phase voltage range 86Vac to 717Vac. OVERVOLTAGE SENSING 3-phase normal, 3-phase emergency Accuracy: ±2 % of full-scale phase to phase Phase to neutral voltage range 52Vac to 416Vac. Phase to phase voltage range 90Vac to 720Vac. OVER/UNDER FREQUENCY SENSING Normal and emergency Accuracy: ±0.2 Hz Frequency range 3.5 – 75 Hz SYNC CHECK For in-phase transfer 256 POWERCOMMAND® 40-01 TRANSFER SWITCH CONTROL SPEC SHEET ENVIRONMENT Operating Temperature Range Control operates over an ambient temperature range: -30 ºC to 70 ºC. Storage Temperature Range The control operates after being exposed to Storage Temperatures in the range of -40 ºC to 85ºC. Ingress Protection The front panel is to be IP65. CODES AND STANDARDS The PC40-01 control is a UL Recognized Component Marked for United States and Canada. Capable of being used on systems compliant with NFPA 70, 99 and 110 (Level 1). The control is IEEE C37.90.2 certified. Capable of being used on IEEE 446 compliant systems; Recommended Practice for Emergency and Standby Power Systems. Control and display as installed in a transfer switch enclosure comply with NEMA 4X and IP65 at the transfer switch level - if the transfer switch enclosure is also NEMA 4X & IP65 compliant. RoHS The control is RoHS compliant.NEC® Capable of being used on systems suitable for use in emergency, legally required and Standby and Critical Operations Power Systems (COPS) applications per NEC 700, 701, 702 and 708. Fulfills the requirements of relevant European product directives.LVD The unit is designed to comply with European directive 72/23/EEC by complying with harmonized European safety standard BS EN 60950. EMC The control is tested to meet the following CE Electromagnetic Compatibility (EMC) standards for EN 61000 series (electromagnetic compatibility): EN 61000-6-2 Generic Immunity Standard EN 61000-6-4 Generic Emissions For more information, please contact your local Cummins distributor or visit cummins.com Our energy working for you.™ All rights reserved. Cummins is a registered trademark of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy working for you.” are trademarks of Cummins Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice. Cummins Inc. Box 3005 Columbus, IN 47202-3005 U.S.A. cummins.com Bulletin XXXXXXX Produced in U.S.A. Rev. 10/21 ©2021 Cummins Inc. 257 258 259 260 261 262 263 12345678 A B C D E F 9101112 G H 13141516 I J K L M N O P 1718192021222324 123456789101112131415161718192021222324 A B C D E F G H I J K L N O P M R R Part Number A065H781 Part Noun Name DIAGRAM,SCHEMATIC Cummins Inc. R DIMENSIONS ARE IN: MILLIMETERS [ ] ARE IN: -SIZE:A0 SCALE:1 DIMENSIONING AND TOLERANCING PER: ASME Y14.5-2009 THIRD ANGLE PROJECTION CAD SYSTEM PTC Creo Parametric MODEL/PLATFORM: OTEC THIS PART IS SIMILAR TO: 0630-2767 S2,S3,S4 AND S5 NORMAL POSITION AUXILIARY SWITCH S6,S7,S8 AND S9 EMERGENCY POSITION AUXILIARY SWITCH K1 OPEN EMERGENCY RELAY K2 OPEN NORMAL RELAY K3 CLOSE RELAY CB MAIN CIRCUIT BREAKER CB1 CIRCUIT BREAKER M1 LINEAR MOTOR C1 MOTOR RUN CAPACITOR COMM1 USB TO RS485 COMMUNICATIONS DEVICE NOTES: 1. TB1 AND TB2 ARE MOUNTED ON THE FRONT OF THE TRANSFER SWITCH. 2. ALL DEVICES ARE SHOWN DE-ENERGIZED, WITH THE TRANSFER SWITCH CLOSED TO NORMAL. 4 POLE TRANSFER SWITCH SHOWN. ON 3 POLE MODELS THE SWITCHED NEUTRAL POLE IS REPLACED WITH A SOLID NEUTRAL BAR. 3. FOR SINGLE PHASE UNITS: 120/240V, 3 WIRE - CONNECT POWER CABLES TO A AND C 120V L-N, 2 WIRE - CONNECT POWER CABLES TO A AND NEUTRAL. 4. FOR OTECSE MODEL, LIST OF MAIN CIRCUIT BREAKER TYPE SHOWN BELOW: SWITCH RATING: MAIN CIRCUIT BREAKER TYPE 150-250A SQUARE D, TYPE 'LJ'. 300-600A SQUARE D, TYPE 'PJ'. 800-1000A SQUARE D, TYPE 'RJ'. 5. WIRING FOR RELAYS KNA AND KEA IS TYPICAL. POWER CONNECTIONS MAY VARY SLIGHTLY IF MORE OR LESS RELAYS ARE USED. ONLY 2 RELAYS CAN BE ORDERED. 6. KGS PROVIDED UNWIRED FOR ADDITIONAL GENSET START WIRING LOGIC TO MEET ANY LOCAL CODE OR INSTALLATION REQUIREMENTS. REFER TO THE INTERCONNECTION DRAWING FOR PROPER INSTALLATION OF WIRING ON SHEET 3. 7. THE WIRE FROM COMM1-(+) IS CONNECTED TO THE WIRE GOING TO P7-2 ON SHEET 3. 8. ON ALL SINGLE PHASE, 2 OR 3 WIRE UNITS: THE WIRE CONNECTED FROM J1-2 TO P4-6 IS NOT PRESENT. IN ADDITION, ON 120 VOLT L-N, 2 WIRE UNITS: THE WIRE CONNECTED FROM K1-33 TO J1-3 WILL BE CONNECTED FROM K1-33 TO J1-5 AND THE WIRE CONNECTED FROM K2-33 TO J1-15 WILL BE CONNECTED FROM K2-33 TO J1-11 ON SHEET 3. 9. (NOTE REMOVED) 10. ELEVATOR SIGNAL RELAY SHOWN DE-ENERGIZED. RELAY CHANGES STATE DURING THE ELEVATOR DELAY TIME. UTILITY TO GENSET 3 AND 4 POLE OTEC 800-1200 AMP & OTECSE 150-1000 AMP 120 VOLT 1 PHASE L-N 240 VOLT 1 PHASE 190 VOLT 3 PHASE 208 VOLT 3 PHASE 220 VOLT 3 PHASE 240 VOLT 3 PHASE 380 VOLT 3 PHASE 415 VOLT 3 PHASE 440 VOLT 3 PHASE 480 VOLT 3 PHASE OPTIONS: COMMUNICATION MODULE ESR: ELEVATOR SIGNAL RELAY KGS: GENSET START AUX RELAY KNA: SOURCE 1 AUX RELAY KEA: SOURCE 2 AUX RELAY TRANSFER SWITCH NORMAL AUXILIARY SWITCH CUSTOMER CONNECTIONS (STANDARD) NO NC COM TRANSFER SWITCH EMERGENCY AUXILIARY SWITCH NO NC COM 1 2 3 4 5 6 7 8 TB1 1 2 3 4 5 6 7 8 TB2 P2-9 J2-9 P2-8 J2-8 P2-7 J2-7 P2-6 J2-6 P2-5 J2-5 P2-4 J2-4 P2-10 J2-10 STANDARD CONNECTIONS MOUNTED ON FRONT OF TRANSFER SWITCH, AVAILABLE ON ALL UNITS. TO ENGINE GENERATOR CONTROL REFER TO THE INTERCONNECTION DRAWING FOR PROPER INSTALLATION OF WIRING AND IF NEEDED, JUMPER LOCATION, BETWEEN THE GENSET CONTROL AND TRANSFER SWITCH. ON PARALLELING SYSTEMS, REFER TO SYSTEM INTERCONNECTION DRAWING FOR CORRECT WIRING. FOR CUSTOMER USE TO USE REMOTE TEST, TRANSFER INHIBIT AND RETRANSFER INHIBIT CONNECT AN OPEN CONTACT BETWEEN THE APPLICABLE TERMINAL AND GND (TB2-8). CLOSE THE CONTACT TO ACTIVATE THE FUNCTION. FOR CUSTOMER USE TRANSFER SWITCH AUXILIARY CONTACTS RATED: 10 AMPS, 250 VAC NO NC S6 C ATS-E NO NC S2 C ATS-N K1-A1 GENSET START REMOTE TEST TRANSFER INHIBIT RETRANSFER INHIBIT GND GND B+ RMT REMOTE TEST TRANSFER INHIBIT RETRANSFER INHIBIT GND P7-4 P9-5 P9-3 P9-4 P7-1 P7-3 PC40 CONTROL CUSTOMER CONNECTIONS (OPTIONAL) COMM1 - COMMUNICATION MODULE USB TYPE A 1 2 3 4 5 BATTERY RS485 -+B SCRA B+GND(DOOR) 22 32 44 14 A2 21 31 43 13 A1 22 32 44 14 A2 21 31 43 13 A1 SOURCE 2 AUX RELAY (KEA) SOURCE 1 AUX RELAY (KNA) TB1-6 TB1-1GND(DOOR)GND(DOOR) USB TYPE B PC40 CONTROL 22 32 44 14 A2 21 31 43 13 A1 22 32 44 14 A2 21 31 43 13 A1 ELEVATOR SIGNAL RELAY (ESR) GENSET START AUX RELAY (KGS) TB2-3P8-1 Cummins Data Classification: Cummins Confidential This document (and the information shown thereon) is Confidential and Proprietary and shall not be disclosed to others in hard copy or electronic form, reproduced by any means, or used for any purpose without written consent of Cummins Inc. Part Number: A065H781 Part Revision: C Part Name: DIAGRAM,SCHEMATIC Drawing Category: Detail State: Released Document Generated: 15DEC2021 17:27 GMTSheet 1 of 4264 12345678 A B C D E F 9101112 G H 13141516 I J K L M N O P 1718192021222324 123456789101112131415161718192021222324 A B C D E F G H I J K L N O P M R R Part Number A065H781 Part Noun Name DIAGRAM,SCHEMATIC Cummins Inc. R DIMENSIONS ARE IN: MILLIMETERS [ ] ARE IN: -SIZE:A0 SCALE:1 DIMENSIONING AND TOLERANCING PER: ASME Y14.5-2009 THIRD ANGLE PROJECTION CAD SYSTEM PTC Creo Parametric J2-2 P2-2 NO NC S3 C P4-5 P4-6 P4-7 NORMAL POSITION THIS WIRE NOT PRESENT ON SINGLE PHASE OR 120V L-N UNITS THIS WIRE CONNECTED TO J1-5 ON 120V L-N UNITS NA NB NC NN NEUTRAL LA LB LC LN EA EB EC EN OPEN EMERGENCY CLOSE J1-8 P1-8 J1-7 P1-7 NO NC C NO NC C S4 ATS-N S9 ATS-E 2 1 C1 WHT M1 BLK RED NO NC C NO NC C S5 ATS-N S8 ATS-E J1-10 P1-10 J1-12 P1-12 K3 4 7 K2 43 44 K1 13 14 K2 21 22 A2 A1 K2K1 THIS WIRE CONNECTED TO J1-11 ON 120V L-N UNITS EMERGENCY POSITION OPEN NORMAL J1-11 P1-11 J1-15 P1-15 J1-14 P1-14 J1-13 P1-13 J2-3 P2-3 NO NC CS7 J1-1 P1-1 J1-2 P1-2 J1-3 P1-3 J1-5 P1-5 CB1 P3-5 P9-2 P4-1 P4-3 P3-2 P8-5 P9-1 K3 A B K2 21 22 A2 A1 K1 J2-8 J2-10 B+ GND K3 6 9 J1-6 P1-6 K1 43 44 P7-2 P7-1 P8-6 GND J2-1 P2-1 PC40 CONTROL GND(DOOR) PC40 CONTROL CB MAIN BONDING JUMPER MAIN GROUND * ONLY AVAILABLE ON OTECSE MODEL P4-8 P8-2 P8-4 P3-4 P3-1 P4-2 P4-4 ATS CUSTOMER LOAD CABLES NEUTRAL BAR USED ON 3 POLE TRANSFER SWITCH ONLY COMM1 THIS WIRE NOT PRESENT ON SINGLE PHASE OR 120V L-N UNITS P2-10 P2-8 TB2-8 TB2-3 NO NC C S2 ATS-N C S6 ATS-E TB2-1 GND(MOTOR) (OPTIONAL) TB1-1 TB1-2 TB1-3 NO NC TB1-6 TB1-7 TB1-8 J2-6 P2-6 TB2-5 P7-4 P9-3 J2-5 P2-5 TB2-6 J2-9 P2-9 TB2-2 J2-7 P2-7 TB2-4 A2 A1 KEA A2 A1 KNA A2 A1 ESR P8-1 USB TYPE A USB TYPE B B+ J2-4 P2-4 TB2-7P9-4 TRANSFER INHIBIT RETRANSFER INHIBIT P7-3 GENSET START REMOTE TEST H2 H1 NEUTRAL CURRENT TRANSFORMER (NCT) NEUTRAL CURRENT TRANSFORMER USED 1000 AMP SWITCH RATING ONLY K1 33 34 13 14 K2 34 33 BATTERY (+) BATTERY (-) ATS-N ATS-E P9-5 GND-CAB (CABINET) Cummins Data Classification: Cummins Confidential This document (and the information shown thereon) is Confidential and Proprietary and shall not be disclosed to others in hard copy or electronic form, reproduced by any means, or used for any purpose without written consent of Cummins Inc. Part Number: A065H781 Part Revision: C Part Name: DIAGRAM,SCHEMATIC Drawing Category: Detail State: Released Document Generated: 15DEC2021 17:27 GMTSheet 2 of 4265 12345678 A B C D E F 9101112 G H 13141516 I J K L M N O P 1718192021222324 123456789101112131415161718192021222324 A B C D E F G H I J K L N O P M R R Part Number A065H781 Part Noun Name DIAGRAM,SCHEMATIC Cummins Inc. R DIMENSIONS ARE IN: MILLIMETERS [ ] ARE IN: -SIZE:A0 SCALE:1 DIMENSIONING AND TOLERANCING PER: ASME Y14.5-2009 THIRD ANGLE PROJECTION CAD SYSTEM PTC Creo Parametric P7 8 2 74 9 6 K3 B A P9 J1 P1 P8 14 13 12 11 10 9 8 7 6 5 14 13 12 11 10 9 8 7 6 5 1515 4 3 2 1 4 3 2 1 J2 P2 11 10 9 8 7 6 5 4 3 2 11 10 9 8 7 6 5 4 3 2 1212 11 (P9-3)J2-5 (GND)J2-1 P2-1(S7-C) (P9-1)J2-2 P2-2(S3-NO) (P9-2)J2-3 P2-3(S7-NO) (P9-4)J2-4 P2-4(TB2-7) P2-5(TB2-6) P2-6(TB2-5) P2-7(TB2-4) P2-10(TB2-8) (P7-4)J2-7 P2-8(TB2-3)(K1-A1)J2-8 P2-9(TB2-2)(P7-3)J2-9 (GND)J2-10 P8-6(GND) GND(TB2-1) (K1-13)J1-1 P1-1(NA) (P4-6)J1-2 (K1-33)J1-3 P1-2(NB) P1-3(NC) (P4-8)J1-5 P1-5(NN) P1-7(CB1) (K3-9)J1-6 P1-6(S4-NC) (K1-14)J1-7 (K1-44)J1-8 P1-8(S9-NO) (K2-44)J1-10 P1-10(S5-NO) (P4-4)J1-11 P1-11(EN) (K3-7)J1-12 P1-12(S8-NC) (K2-13)J1-13 P1-13(EA) (P4-2)J1-14 (K2-33)J1-15 P7-2(K3-B) TB1 TB2 ATS P8-5(K3-A) P7-1(GND) P8-2(GND) P8-4(GND) GND(MOTOR) P1-14(EB) P1-15(EC) GND B+ GENSET START GND REMOTE TEST NO COM NC TRANSFER SWITCH NORMAL AUXILIARY SWITCH NO COM NC TRANSFER SWITCH EMERGENCY AUXILIARY SWITCH NOT USED OPTIONAL ON THE LEFT WALL ELEVATOR SIGNAL RELAY (ESR) 22 32 44 14 A2 21 31 43 13 A1 TB2-3 P8-1(ESR-A2) GENSET START AUX RELAY (KGS) 22 32 44 14 A2 21 31 43 13 A1 FOR CUSTOMER USE TRANSFER SWITCH AUXILIARY CONTACTS RATED: 10 AMPS, 250 VAC TO ENGINE GENERATOR CONTROL REFER TO THE INTERCONNECTION DRAWING FOR PROPER INSTALLATION OF WIRING AND IF NEEDED, JUMPER LOCATION, BETWEEN THE GENSET CONTROL AND TRANSFER SWITCH. ON PARALLELING SYSTEMS, REFER TO SYSTEM INTERCONNECTION DRAWING FOR CORRECT WIRING.THE CONTACT RATING: 8A@35VDC. FOR CUSTOMER USE TO USE REMOTE TEST, TRANSFER INHIBIT AND RETRANSFER INHIBIT CONNECT AN OPEN CONTACT BETWEEN THE APPLICABLE TERMINAL AND GND (TB2-8). CLOSE THE CONTACT TO ACTIVATE THE FUNCTION. S2-NO 22 32 44 14 A2 21 31 43 13 A1 22 32 44 14 A2 21 31 43 13 A1 SOURCE 2 AUX RELAY (KEA) SOURCE 1 AUX RELAY (KNA) TB1-6 TB1-1 S2-NC S2-C S6-NO S6-NC S6-C COMM1 - COMMUNICATION MODULE USB TYPE A 1 2 3 4 5 BATTERY RS485 -+B SCRA B+ 21 22 33 34 A1 A2 13 14 K1 21 22 33 34 13 14 K2 43 44 43 44 A1 A2 N SOURCE H2Vc Vn T1 T2 T3 T4 GND H1 LOAD RED BLK CLR NEW JUMPER NEUTRAL CURRENT TRANSFORMER EXISTING JUMPER (INTERNAL) NEW CAPACITOR (2.2 nF) RED BLK CLR F2 T3T2T1 T4 F1M3M2M1 Z1 Z2 Z3 Z4 Z5 MICROLOGIC 6.0A GROUND FAULT NCT WIRING ONLY AVAILABLE ON OTECSE 1000 AMP SWITCH RATING (P9-5)J2-6 10 9 8 7 6 5 4 3 2 1 4 3 2 1 20 19 18 17 16 15 14 13 12 11 4 3 2 1 6 5 4 3 2 1 10 9 8 7 6 5 1121 PC40 CONTROL C C NC NC D NO E C NO D C B A H G F E J I K USB TYPE B C GND(DOOR) GND(DOOR)GND(DOOR) GND(DOOR) GND-CAB (CABINET) P3 P4 P4-7(K1-33) P4-5(K1-13) P4-1(K2-13) P4-3(K2-33) P3-5(K1-21) P3-2(K2-21) P3-4(GND) P3-1(GND) 4 3 2 1 5 4 3 2 29 28 27 26 25 24 23 22 8 7 6 5 33 32 31 30 B C NO N W V U EMERGENCY N T S R NORMAL 139 NC A NO C TRANSFER INHIBIT RETRANSFER INHIBIT 8 7 6 (P8-1)ESR-A2 (P4-5)K1-13 (J1-1)K1-13 (P4-7)K1-33 (J1-3)K1-33 (P4-3)K2-33 (J1-15)K2-33 (P4-1)K2-13 (J1-13)K2-13 (P3-5)K1-21 (P3-2)K2-21 (J2-8)K1-A1 (J1-6)K3-9 (P7-2)K3-B K3-A(P8-5) K1-14(J1-7) K1-44(J1-8) K2-44(J1-10) K3-7(J1-12) P7-3(J2-9) P7-4(J2-7) P9-1(J2-2) P9-2(J2-3) P9-3(J2-5) P9-4(J2-4) P9-5(J2-6) P4-2(J1-14) P4-4(J1-11) P4-6(J1-2) P4-8(J1-5) PRECONFIGURED INPUTS (NOT WIRED) K1-34(K1-43) (K1-34)K1-43 NON CONFIGURABLE OUTPUT K1-14(K2-14) K1-22(K2-A2) K1-44(K3-6) (K2-A1)K1-A1 K1-A2(K2-22) K2-34(K2-43) (K2-34)K2-43 (K3-B)K2-A1 K2-44(K3-4) K2-14(K1-14) K2-A2(K1-22) K3-6(K1-44) (K1-A1)K2-A1 K2-22(K1-A2) (K2-A1)K3-B (K2-44)K3-4 Cummins Data Classification: Cummins Confidential This document (and the information shown thereon) is Confidential and Proprietary and shall not be disclosed to others in hard copy or electronic form, reproduced by any means, or used for any purpose without written consent of Cummins Inc. Part Number: A065H781 Part Revision: C Part Name: DIAGRAM,SCHEMATIC Drawing Category: Detail State: Released Document Generated: 15DEC2021 17:27 GMTSheet 3 of 4266 Section 6 – Startup & Warranty 267 Page 1 Cummins Sales and Service Customer / Contractor Pre Commissioning Inspection Form The intent of this form is for the contractor to prepare for equipment to be commissioned by a certified Cummins Field Service Power Generation Technician. Filling out this form is required and will minimize delays due to equipment failing to meet requirements. Completing this checklist in its entirety should minimize the need for additional billing beyond the previously provided commissioning quote. The items listed are the responsibility of the contractor and not Cummins Sales and Service. Project Name/End User: _______________________________________ Contractor: _________________________________________________ Address: ______________________ Contact: ___________________ Business Phone: _______________ Cell Phone:___________________ Email: ______________________ ON SITE INFORMATION If yes when is the inspector scheduled for: _______________ On-Site Contact Information: _______________________________________ Address: _______________________________________________________ Time Requested Onsite: _________________ Sub location of Generator (ie. Roof, basement, floor): ______________________ Does the facility have the following: Loading Dock Elevator Yes No N/A Access (from truck and load bank parking to generator in feet): ___________________________________ Parking: Is parking available on-site for service truck: Yes No Permits: Have all necessary air quality and local permits been secured: Fuel Tank Testing: Is fuel tank testing required: Yes No 268 Page 2 ON SITE INFORMATION CONTINUED YES NA NO Is the facility occupied and is customer aware there will be power outages after generator is started? Will there be any site safety training needed for technician prior to beginning? On site contact for training: __________________________ Will customer representative be on site for operator training? On site contact for operator training: _____________________________ MECHANICAL LOCATION AND PLACEMENT OF THE GENERATOR SET YES NA NO Generator is properly secured to pad or vibration isolators Generator Enclosure and/or Room is free of all debris No airflow obstructions to the engine or generator are present for cooling combustion (See Cummins T-030 or Installation manual of generator set) Room is designed for adequate inlet and outlet airflow GASEOUS FUEL Natural Gas/LP Vapor/LP Liquid YES NA NO Natural gas and/or LPG fuel supply is connected. Fuel piping is the appropriate size based on full-load CFH/BTU requirement. Pipe size after service regulator: _________________ Service regulator(s), (if supplied), fuel strainer(s), flexible fuel line(s) and manual shut off are installed Fuel pressure after service regulator is:___________inches of H2O I have read and fully understand the fuel requirements for this equipment, I am verifying that the piping and fuel supply meets or exceeds those requirements. I also understand failure to meet the requirements will result in additional charges. ________________________________ ____________________________ Contractor “requestor” Signature Date 269 Page 3 DIESEL FUELED GENERATORS YES NA NO Flexible fuel connections, (supply and return) are connected to generator and piping. Day tank installed, wired and plumbed (lines free of obstruction) to genset and main fuel tank if applicable. Only black iron pipe for fuel lines, never use copper or galvanized pipe. All tanks filled with enough fuel to perform startup and testing. A return line from engine to day tank and day tank to main tank should be in place EXHAUST SYSTEM YES NA NO Exhaust wrapped or isolated to prevent accidental activation of fire protection devices and sprinklers. Exhaust flex-pipe is installed at engine exhaust outlet (The silencer and flex-pipe are supplied with the generator set). Silencer is installed with appropriate supports (no weight should be placed on the exhaust outlet of the genset). Exhaust system has proper expansion joints and wall thimbles (Thimbles are required for wall or roof penetration). GENERATOR ELECTRICAL CONNECTIONS YES NA NO Load conductors connected to breakers Flexible connections used on all conduit connections to the generator set output box Remote start interconnection stranded wiring is installed between the generator set and the automatic transfer switch(s) and annunciator. AC Power conductors in dedicated conduit separate from any DC control or network wiring Ground fault connected/functioning on generator, if supplied AC power wired to the coolant heaters (Do NOT energize) Check for AC oil pan heater, control heater or generator winding heater (Needing AC wiring) Generator is grounded in compliance with local codes If applicable, louver motors are operational and connected to generator controls 270 Page 4 GENERATOR ELECTRICAL CONNECTIONS CONTINUED YES NA NO Annunciator mounted in a location where someone can observe a fault of the remote generator system Where is annunciator located? ______________________ Are there additional ancillary devices/equipment that need to be integrated into the system? If yes, please define__________________ Battery charger mounted (free of vibration, weather, accessible for an operator to observe easily) and connected to the appropriate AC and DC wiring to operate the charger. TRANSFER SWITCH ELECTRICAL CONNECTIONS YES NA NO Conductors connected for Utility, Load and Emergency Remote start interconnection stranded wiring is installed between the generator set and the automatic transfer switch(s). Four Pole Transfer Switch: Is generator neutral grounded? DAY OF STARTUP YES NA NO Training of facility personnel will be done on the same day as start up. Additional trips for operational training will be an additional charge. Can transfer switch be tested at time of generator startup? (There will be a power interruption) Note: After hours testing could result in additional charges. If the associated switchgear and/or ATS(s) are not provided by Cummins, will the manufacturer's representative be on site? Exercise with or without load? ___________________ If known, Transfer Time delay set recommendations Generator Set to exercise Day:_______ Time:_______ ________________________________ ____________________________ Contractor “requestor” Signature Printed Name Date: _______________ Please complete this form and return to schedule start up, if not returned within 5 business days prior to scheduled startup it may be delayed. I understand that the start-up date may have to be rescheduled at my expense if the above items have not been completed properly. 271 Warranty Statement Global Commercial Warranty Statement Generator Set English Original Instructions 7-2017 A028U870 (Issue 5) 272 Effective Date: 18-July-2017 Page 1 of 2 A028U870 Issue 5 Limited Warranty Commercial Generating Set This limited warranty applies to all Cummins Power Generation branded commercial generating sets and associated accessories (hereinafter referred to as "Product"). This warranty covers any failures of the Product, under normal use and service, which result from a defect in material or factory workmanship. Warranty Period: The warranty start date† is the date of initial start up, first rental, demonstration or 18 months after factory ship date, whichever is sooner. See table for details. Continuous Power (COP) is defined as being the maximum power which the generating set is capable of delivering continuously whilst supplying a constant electrical load when operated for an unlimited number of hours per year. No overload capability is available for this rating. Prime Power (PRP) is defined as being the maximum power which a generating set is capable of delivering continuously whilst supplying a variable electrical load when operated for an unlimited number of hours per year. The permissible average power output over 24 hours of operation shall not exceed 70% of the PRP. For applications requiring permissible average output higher than stated, a COP rating should be used. Limited-Time Running Power (LTP) is defined as the maximum power available, under the agreed operating conditions, for which the generating set is capable of delivering for up to 500 hours of operation per year. Emergency Standby Power (ESP) is defined as the maximum power available during a variable electrical power sequence, under the stated operating conditions, for which a generating set is capable of delivering in the event of a utility power outage or under test conditions for up to 500 hours of operation per year. The permissible average power output over 24 hours of operation shall not exceed 70% of the ESP. Environmental Protection Agency – Stationary Emergency (EPA-SE) is defined as being the maximum power available during a variable electrical power sequence, under the stated operating conditions, for which a generator set is capable of delivering in the event of a utility power outage or under test conditions and used in strict accordance with the EPA NSPS for stationary engines, 40 CFR part 60, subparts IIII and JJJJ, where a reliable utility must be present. The permissible average power output over 24 hours of operation shall not exceed 70% of the EPA-SE. Data Center Continuous (DCC) is defined as the maximum power which the generator is capable of delivering continuously to a constant or varying electrical load for unlimited hours in a data center application. Base Warranty Coverage Duration (Whichever occurs first) Rating Months Max. Hours COP 12 Unlimited PRP 12 Unlimited LTP 12 500 hrs ESP 24 1000 hrs EPA-SE 24 Unlimited DCC 24 Unlimited † Warranty start date for designated rental and oil and gas model Products is determined to be date of receipt of Product by the end customer. Cummins Power Generation Responsibilities: In the event of a failure of the Product during the warranty period due to defects in material or workmanship, Cummins Power Generation will only be responsible for the following costs: All parts and labor required to repair the Product. Reasonable travel expenses to and from the Product site location. Maintenance items that are contaminated or damaged by a warrantable failure. Owner Responsibilities: The owner will be responsible for the following: 273 Effective Date: 18-July-2017 Page 2 of 2 A028U870 Issue 5 Notifying Cummins Power Generation distributor or dealer within 30 days of the discovery of failure. Installing, operating, commissioning and maintaining the Product in accordance with Cummins Power Generation ’s published policies and guidelines. Providing evidence for date of commissioning. Providing sufficient access to and reasonable ability to remove the Product from the installation in the event of a warrantable failure. Incremental costs and expenses associated with Product removal and reinstallation resulting from non-standard installations. Costs associated with rental of generating sets used to replace the Product being repaired. Costs associated with labor overtime and premium shipping requested by the owner. All downtime expenses, fines, all applicable taxes, and other losses resulting from a warrantable failure. Limitations: This limited warranty does not cover Product failures resulting from: Inappropriate use relative to designated power rating. Inappropriate use relative to application guidelines. Inappropriate use of an EPA-SE application generator set relative to EPA’s standards. Normal wear and tear. Improper and/or unauthorized installation. Negligence, accidents or misuse. Lack of maintenance or unauthorized repair. Noncompliance with any Cummins Power Generation published guideline or policy. Use of improper or contaminated fuels, coolants or lubricants. Improper storage before and after commissioning. Owner’s delay in making Product available after notification of potential Product problem. Replacement parts and accessories not authorized by Cummins Power Generation . Use of Battle Short Mode. Owner or operator abuse or neglect such as: operation without adequate coolant or lubricants; overfueling; overspeeding; lack of maintenance to lubricating, cooling or air intake systems; late servicing and maintenance; improper storage, starting, warm-up, run-in or shutdown practices, or for progressive damage resulting from a defective shutdown or warning device. Damage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set. This limited warranty does not cover costs resulting from: Difficulty in gaining access to the Product. Damage to customer property. A “Data center” is defined as a dedicated facility that house computers and associated equipment for data storage and data handling. Reliable utility is defined as utility power without routine or regularly scheduled black-outs. Please contact your local Cummins Power Generation Distributor for clarification concerning these limitations. CUMMINS POWER GENERATION RIGHT TO FAILED COMPONENTS: Failed components claimed under warranty remain the property of Cummins Power Generation . Cummins Power Generation has the right to reclaim any failed component that has been replaced under warranty. Extended Warranty: Cummins Power Generation offers several levels of Extended Warranty Coverage. Please contact your local Cummins Power Generation Distributor for details. www.power.cummins.com THE WARRANTIES SET FORTH HEREIN ARE THE SOLE WARRANTIES MADE BY CUMMINS POWER GENERATION IN REGARD TO THE PRODUCT. CUMMINS POWER GENERATION MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT IS CUMMINS POWER GENERATION LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. This limited warranty shall be enforced to the maximum extent permitted by applicable law. This limited warranty gives the owner specific rights that may vary from state to state or from jurisdiction to jurisdiction. Product Model Number:_______________________ Product Serial Number:________________________ Date in Service:______________________________ 274 Warranty Statement Transfer Switch Extended Warranty English Original Instructions 1-2017 1118-0003 (Issue 5) 275 Effective Date: 01-January-2017 Page 1 of 18 1118-0003 (Issue 5) Copyright © 2017 Cummins Inc. Limited 2 Year Comprehensive Extended Warranty – G004 Transfer Switch and Paralleling Systems When purchased, this limited extended warranty applies to all Cummins Power Generation branded Transfer Switches, Paralleling Systems and associated accessories (hereinafter referred to as "Product"). This warranty covers any failures of the Product, under normal use and service, which result from a defect in material or factory workmanship. Warranty Period: The warranty start date is the date of initial start up, first rental, demonstration or 18 months after factory ship date, whichever is sooner. The coverage duration is 2 years from warranty start date. Cummins Power Generation Responsibilities: In the event of a failure of the Product during the extended warranty period due to defects in material or workmanship, Cummins Power Generation will only be responsible for the following costs: All parts and labor required to repair the Product. Reasonable travel expenses to and from the Product site location. Maintenance items that are contaminated or damaged by a warrantable failure. Owner Responsibilities: The owner will be responsible for the following: Notifying Cummins Power Generation distributor or dealer within 30 days of the discovery of failure. Installing, operating, commissioning and maintaining the Product in accordance with Cummins Power Generation’s published policies and guidelines. Providing evidence for date of commissioning. Providing sufficient access to and reasonable ability to remove the Product from the installation in the event of a warrantable failure. In addition, the owner will be responsible for: Incremental costs and expenses associated with Product removal and reinstallation resulting from non-standard installations. Costs associated with rental of generating sets used to replace the Product being repaired. Costs associated with labor overtime and premium shipping requested by the owner. All downtime expenses, fines, all applicable taxes, and other losses resulting from a warrantable failure. Limitations: This limited extended warranty does not cover Product failures resulting from: Inappropriate use relative to designated power rating. Inappropriate use relative to application guidelines. Failures due to normal wear, corrosion, varnished fuel system parts, lack of reasonable and necessary maintenance, unauthorized modifications and/or repair, and use of add-on or modified parts. Improper and/or unauthorized installation. Owner’s or operator’s negligence, accidents or misuse. Noncompliance with any Cummins Power Generation published guideline or policy. Improper storage before and after commissioning. Owner’s delay in making Product available after notification of potential Product problem. Limitations Continued: Replacement parts and accessories not authorized by Cummins Power Generation. Use of Battle Short Mode Owner or operator abuse or neglect such as: operation without adequate coolant or 276 Page 2 of 18 1118-0003 (Issue 5) Effective Date: 01-January-2017 Copyright © 2017 Cummins Inc. lubricants; overfueling; overspeeding; lack of maintenance to lubricating, cooling or air intake systems; late servicing and maintenance; improper storage, starting, warm-up, run-in or shutdown practices, or for progressive damage resulting from a defective shutdown or warning device. Damage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set. This limited extended warranty does not cover costs resulting from: Difficulty in gaining access to the Product. Damage to customer property. Repair of cosmetic damage to enclosures. www.cumminspower.com CUMMINS POWER GENERATION RIGHT TO FAILED COMPONENTS: Failed components claimed under warranty remain the property of Cummins Power Generation. Cummins Power Generation has the right to reclaim any failed component that has been replaced under warranty. THE WARRANTIES SET FORTH HEREIN ARE THE SOLE WARRANTIES MADE BY CUMMINS POWER GENERATION IN REGARD TO THE PRODUCT. CUMMINS POWER GENERATION MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT IS CUMMINS POWER GENERATION LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. This limited extended warranty shall be enforced to the maximum extent permitted by applicable law. This limited extended warranty gives the owner specific rights that may vary from state to state or from jurisdiction to jurisdiction. Product Model Number:_______________________ Product Serial Number:________________________ Date in Service:______________________________ 277 MEMORANDUM TO:Mayor and City Council FROM:Andy Rossello, Project Manager III THROUGH:Ryan Loebach, Sr. Project Manager Justin Forman, Director of Utilities MEMO DATE:March 4th, 2024 MEETING DATE:March 12th, 2024 RE:Resolution # 032 Series of 2024 – Contract – Puppy Smith Switch Station SCADA and HMI Purchase and Installation REQUEST OF COUNCIL:Staff requests a contract award to Schweitzer Engineering Laboratories (SEL) in the amount of $93,022.12 for the installation of a SCADA controls package for the City’s new exterior electric switchgear located at the Puppy Smith Switch Station that supplies electricity to the City of Aspen. PREVIOUS COUNCIL ACTION: Council approved $209,620 for the purchase of an Innovative Switch Gear (ISG) to replace the existing switch station equipment through Resolution #105, Series of 2022. BACKGROUND:The City of Aspen Puppy Smith Switch Station equipment is programmed to be replaced in 2024 with a new switchgear device as presented to Council through Resolution # 031 and Resolution # 038 for the installation of switchgear separate from this contract request. The switchgear is hardwired with Supervisory Control and Data Acquisition (SCADA) components that will allow the device to be operated remotely, monitor circuit activity, shift loading, assist in outage management, and improve operator safety and system reliability. To fully realize the benefit of these features it is necessary to install a proprietary advanced communication controls package that includes operator interfaces, wiring, and programming. The SCADA installation allows for the viewing of real-time circuit loading data and allows operators to monitor and make system decisions that have the potential to reduce outage frequency and duration. Staff worked with consultant engineers to design control components for advanced operation of devices at the Puppy Smith Switch Station facility. City staff and consultant engineers considered several replacement alternatives. SEL offers an integrated SCADA solution delivering proprietary hardware and custom software to provide a turnkey operational solution. Other vendors can program and operate using SEL products, however, staff and consultants felt that having SEL provide the initial installation and start-up of their hardware rather than third-party vendors ensures a smoother installation and start-up process. Staff is seeking a contract from Council to procure and install components for the advanced operation of the newly acquired switchgear. 278 DISCUSSION:City staff solicited proposals from qualified vendors familiar with the installation and operation of a SCADA control system for the new switchgear device. Proposals were evaluated by a team of City staff members utilizing the following criteria that were outlined in the Request for Proposal (RFP): Cost Familiarity with ISG controls and relays Warranty and Support Schweitzer Engineering Laboratories (SEL) was the only responsive, responsible bidder. The proposed bidder’s costs were above the proposed project budget. Staff worked closely with the contractor to value engineer a savings of $22,000 from the initial proposal costs. Savings were realized due to staff being able to perform portions of the installation, which include running conduits and installing some minor components. Staff is requesting to utilize electric fund savings through a spring supplemental request to complete the project in 2024. Construction progress will be monitored by City staff. FINANCIAL/BUDGET IMPACTS: Staff solicited quotes for purchasing and installation of a turn-key SCADA system and received one responsive proposal. Bidder’s costs are summarized below: Schweitzer Engineering Laboratories $115,022.12 This project has the potential to encounter unknown issues during the installation. Staff requests a contingency budget be reserved and approved for release by staff. The proposed project funding and expenditures are outlined below: Total Project Expenditures Schweitzer Engineering Laboratories $ 93,022.12 Contingency (15% of the above contract)$ 13,953.32 Total $106,975.44 Funding Budgeted, New Funding Request-Spring Supplemental $106,975.44 Total $106,975.44 Staff has been working through the planning and design of this critical electrical infrastructure replacement project over the course of several years. Staff has analyzed the electric fund long-term plan and determined the fund can support executing these improvements. Staff has seen extended lead times and cost escalation throughout the planning effort and believes installing these components in coordination with downtown circuit replacements will contribute to increased system resiliency and minimize system interruptions. ENVIRONMENTAL IMPACTS:Staff is recommending the installation of the SCADA controls system to allow more efficient operation of the electric system. This can include 279 reducing individual circuit loading, load shedding during peak events, and monitoring remote facilities without the need to physically access devices reducing gas consumption from driving to facilities. ALTERNATIVES: Staff believes this is a critical project to continue to provide reliable electrical service to all customers within our service territory and provide that service in a manner that meets industry standards for operator safety. Alternatively, City staff can operate and monitor this device manually reducing operator safety and efficiency. Staff could also work with consultants to access the device's internal controls. Staff can solicit additional quotes for SCADA components and programming utilizing third-party vendors and install required components through out-year budget approvals. RECOMMENDED ACTION:Staff requests the council approve the contract with Schweitzer Engineering Laboratories Inc. in the amount of $93,022.12 for the purchase and installation of SCADA controls package for the City’s new electric switchgear equipment located at the Puppy Smith Switch Station that supplies electricity to the City of Aspen. PROPOSED MOTION:I move to approve Resolution # 032 Series of 2024. CITY MANAGER COMMENTS: ATTACHMENTS: A. Contract for Construction with Schweitzer Engineering Laboratories, Inc. B. Resolution # 032 Series of 2024 280 RESOLUTION # 032 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND SCHWEITZER ENGINEERING LABORATORIES, 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 the construction of a new SCADA control system for infrastructure at the Puppy Smith switch station in Aspen, between the City of Aspen and Schweitzer Engineering Laboratories, 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 the construction of a new SCADA control system for infrastructure at the Puppy Smith switch station in Aspen., between the City of Aspen and Schweitzer Engineering Laboratories, 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 12 th day of March, 2024. 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, March 12th, 2024. Nicole Henning, City Clerk 281 Agreement for Procurement and Professional Services Page 0 Updated 1/2024 CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT AND PROFESSIONAL SERVICES City of Aspen Project No.: 2024-064 AGREEMENT made as of 12th day of March, in the year 2024. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5055 And the Professional: SEL Engineering Services, Inc. c/o Contracts and Risk 2350 NE Hopkins Court Pullman, WA 99163 Phone: 509-332-1890 Email: selcontracts@selinc.com 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 $100,000.00 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: List of supplies, equipment, or materials to be purchased & Scope of Work. Procurement: $ 37,852.87 Professional Services: $ 55,169.25 Total: $ 93,022.12 DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 282832 Agreement for Procurement and Professional Services Page 1 Updated 1/2024 The City and Professional, herein referred to individually as “Party” and collectively as “Parties”, agree as set forth below. SUPPLY PROCUREMENT 1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or materials as described in Exhibit A, appended hereto and by this reference incorporated herein, for the sum of set forth above. Delivery. (FOB - 219 Puppy Smith St, Aspen, Colorado) 2. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid or Request for Proposals and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 3. Warranties. Professional warrants to the City that goods manufactured by Professional’s parent company Schweitzer Engineering Laboratories, Inc. (“SEL”) and provided hereunder (hereinafter referred to as “Products”) are free from defects in material and workmanship for ten (10) years after shipment for all SEL Products, including SEL-manufactured control enclosure structures and panels. The sole and exclusive warranties for any software are set forth in the SEL Software License Agreement. This warranty is conditioned upon proper storage and shall be void in its entirety if the City modifies Products without prior written consent to and subsequent approval of any such modifications by Professional or uses Products for any applications that require product listing or qualification not specifically included in the Professional’s written quotation or proposal. If any Product fails to conform to this warranty, City properly notifies Professional of such failure and City returns the Product to SEL factory for diagnosis (and pays all expenses for such return), Professional shall correct any such failure by, at its sole discretion, either repairing any defective or damaged Product part(s) or making available any necessary replacement part(s) or Product(s). Professional will pay the freight to return the Product to the City (Carriage Paid to (CPT) customer’s place of business). If Professional is unable or unwilling to repair or replace, Professional and City shall negotiate an equitable resolution such as a prorated refund or credit to the City’s account. Any Product repair or upgrade shall be covered by this warranty for the longer of one (1) year from date of repair or the remainder of the original warranty period. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY SHALL BE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE), EXCEPT WARRANTY OF TITLE AND AGAINST PATENT INFRINGEMENT. Professional shall, whenever possible, pass the original manufacturer warranty to City for non-SEL products. Professional does not warrant non-SEL products, including non-SEL control enclosure structures, and non-SEL products within SEL panels, control enclosure structures and systems, and products or prototypes provided by SEL for testing, marketing, or loan purposes. Professional shall perform Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Professional shall reperform (or, at Professional’s option, pay a third party to reperform) any defective Services (including Services performed in conjunction with SEL systems) at no cost upon receipt of notice detailing the defect(s) within one (1) year of performance of the original Services. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 283833 Agreement for Procurement and Professional Services Page 2 Updated 1/2024 4. 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, except for the manufacture of Products provided hereunder by SEL. PROFESSIONAL SERVICES 6. 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. 7. Completion. Professional shall commence Work upon a) execution of this Agreement; b) in accordance with the schedule agreed upon between the Parties; and c) a written Notice to Proceed from the City. Professional shall 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, 2024, with the installation and operation of all the equipment no later than September 30, 2024. Final completion of the project as a whole will be finished on September 30, 2024 (“Final Completion Date”). 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. 8. 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 for this initial scope of work by Professional shall not exceed those hourly rates set forth at Exhibit A appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. City shall pay Professional net thirty (30) days from the date of Professional’s correct invoice. 9. Non-Assignability. Except as stated in Section 5 herein, 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. 10. RESERVED DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 284834 Agreement for Procurement and Professional Services Page 3 Updated 1/2024 11. Termination for Convenience and Default. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving ten (10) days prior 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 Work Product and/or Products paid for in full and completed by the Professional pursuant to this Agreement shall be delivered to the City, if not already delivered. The City may cancel the work or Products partially completed at the time of termination. The City will be charged a re-stocking fee for Product which is partially complete but the City does not wish to purchase. Notwithstanding the above, Professional shall not be relieved of any liability as indicated in Section 13. Indemnification of this Agreement, 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. 12. 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 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 Agreement. 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. 13. Indemnification. Professional agrees to defend all claims brought against City or its officers, agents, or employees (collectively “Indemnitees”) by a third party (“Third-Party Claims”) and indemnify and hold Indemnitees harmless for losses, costs, expenses, fees, or damage (including reasonable attorney’s fees) (collectively “Damages) resulting from Third-Party Claims to the extent that such Third-Party Claims and Damages arise out of the following:(a) bodily injury, personal injury or death of a person, where such injury or death is (i) cause by Professional; (ii) attributable to Professional’s performance under this Agreement; or (iii) arises from or is connected to a defect in any Product provided by Professional pursuant to this Agreement; (c) damage to property caused by Professional; (d) a violation by Professional of any applicable laws, rules, regulations, or safety requirements in connection with Professional’s obligations under this Agreement; or (e) infringement by Professional of any United States patent, copyright, trade secret, or other intellectual property right of another. Professional shall not be liable or required to indemnify or hold the Indemnified Parties harmless for Damages that are caused by or attributable to the acts or omissions of an Indemnitee or a third party. 14. Infringement Claims. If a Product or Service becomes, or in Professional’s reasonable opinion is likely to become, the subject of a Third-Party Claim of infringement or misappropriation of an intellectual property right, then Professional shall, at its sole expense and discretion: (a) exchange the Product or Service with a non-infringing Product or Service; (b) promptly procure for DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 285835 Agreement for Procurement and Professional Services Page 4 Updated 1/2024 Indemnitee the right to continue to use the Product or Service; (c) modify the Product or Service to make it non-infringing, provided that the modified Product or Service meets the specifications and all other applicable requirements under this Agreement; or (d) repurchase the Product or Service from Indemnitee for a fair portion of the original price. Professional shall not be liable for Damages that arise after Professional offers one or more of the foregoing remedies in good faith. 15. Assumption of Defense. Regarding Professional’s defense obligation: (a) Professional shall assume the defense of a Third-Party Claim through counsel chosen by Professional; and (b) City shall: (i) give prompt written notice of the Third-Party Claim to Professional; (ii) provide reasonable assistance to Professional in the defense of the Third-Party Claim; (iii) mitigate damages related to the Third-Party Claim; and (iv) give Professional full control of all aspects of defense of the Third-Party Claim, including settlement, except as otherwise provided herein. Professional shall obtain written consent from the Indemnitee before settling the Third-Party Claim if the proposed settlement requires action by the Indemnitee or contains an admission of liability or wrongdoing by the Indemnitee. The Indemnitee may, at its sole option and expense, participate in the defense of such third-party claim with counsel chosen by the Indemnitee. 16. Additionally, if the Third-Party Claim against an Indemnitee is not covered by Professional’s insurance policy maintained pursuant to this Agreement, then Professional shall: (a) bear all costs of defense; provided, however, if the Indemnitee is determined to be liable for the Third-Party Claim, then: (i) City shall reimburse Professional for the costs of defense in proportion to the Indemnitee’s liability, as determined by the trier of fact or agreed to in a written settlement between Professional and the Indemnitee; and (ii) Professional’s duty to defend shall cease to the extent that the Indemnitee is found to have been liable; and (b) pay Damages in proportion to Professional’s liability, as determined by the trier of fact or agreed to in a written settlement between Professional and the Indemnitee. 17. Exclusive Remedy. The indemnity provided by Professional herein shall be City’s exclusive remedy for Third-Party Claims and resulting Damages. 18. 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. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 286836 Agreement for Procurement and Professional Services Page 5 Updated 1/2024 (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, 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 ($1,000,000) aggregate. (c) The Commercial General and Automobile policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Commercial General and Automobile policies 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 by 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. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 287837 Agreement for Procurement and Professional Services Page 6 Updated 1/2024 (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) In such case of a claim, the City reserves the right to request and receive a certified copy of any policy and any endorsement applicable to the claim. (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 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. 19. 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. 20. 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. 21. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested or by email to the respective persons and/or addresses listed above. 22. 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. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 288838 Agreement for Procurement and Professional Services Page 7 Updated 1/2024 (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. The foregoing provisions shall be incorporated in all subcontracts hereunder. 23. 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. 24. 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 City Manager of the City of Aspen (or a duly authorized official in the City Manager’s absence) and if above $100,000, following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’s absence) to execute the same. 25. 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; DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 289839 Agreement for Procurement and Professional Services Page 8 Updated 1/2024 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. 26. 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. 27. 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. 28. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [X] No additional provisions are adopted. [ ] See attached Exhibit ___. 29. 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. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 290840 Agreement for Procurement and Professional Services Page 9 Updated 1/2024 30. Intellectual Property. Professional retains all its intellectual property rights. All documents, designs, drawings, plans, specifications, and other work product (collectively “Work Product”) prepared by Professional in performing the project shall not be deemed “works made for hire” for City. To the extent that any such Work Product prepared by Professional while performing the project is integrated into the project, Professional hereby grants City a perpetual, worldwide, non-exclusive, non-transferable, personal, revocable, limited license to use, copy and modify such Work Product for internal business purposes only. Professional’s Work Product and/or designs for other projects shall not be used for any purpose except the applicable project without first obtaining Professional’s written consent. 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, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approved as to form: _______________________________ City Attorney’s Office DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 Vice President of Finance 3/6/2024 Jeremy Nickels 291841 Agreement for Procurement and Professional Services Page 10 Updated 1/2024 EXHIBIT A List of supplies, equipment, or materials to be purchased With attached specification sheets, cut sheets, information, etc. & Scope of Work DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 292842 SEL Engineering Services, Inc. This document, and all information contained herein, is proprietary to SEL Engineering Services, Inc. (SEL ES). Any unauthorized use, distribution, or reproduction of this document (in whole or in part) or of any information contained herein is specifically prohibited. This legend must appear on any authorized reproduction (in whole or in part). All brand or product names appearing in this document are the trademark or registered trademark of their respective holders. No SEL trademarks may be used without written permission. SEL products appearing in this document may be covered by U.S. and Foreign patents. SEL products referred to in the proposal are manufactured by Schweitzer Engineering Laboratories, Inc. Proposal for City of Aspen SCADA and HMI Programming SEL ES Project #: 022248.001.00 (Rev. 1) Submitted: 21 February 2024 Purchase Orders to be made out to SEL Engineering Services, Inc. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 293843 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page ii City of Aspen Contact Information Andy Rossello Project Engineer III City of Aspen 427 Rio Grande Place Aspen, CO 81611 Office: 970.429.1999 Cell: 970.456.3025 Email: andy.rossello@aspen.gov SEL ES Contact Information Rajesh Arumugam Senior Engineering Manager I SEL Engineering Services, Inc. 340 Office Court, Suite D Fairview Heights, IL 62208 Office: 509.334.8129 Cell: 618.606.0209 Email: rajesh_arumugam@selinc.com Sales Representative Contact Information Sean Ryan Sales Representative (Colorado) K D Johnson, Inc. Cell: 970.462.8914 Email: Sean_Ryan@kdjinc.com Document Revision Table Rev. Issue Date Notes 0 02/07/2024 Initial Issue 1 02/21/2024 Removed Field Services scope, removed DC Schematics from drafting services scope, updated training pricing, updated clarifications. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 294844 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 1 Contents 1 Scope of Services ....................................................................................................................................... 2 1.1 Deliverables to Customer .................................................................................................................... 4 1.1.1 Equipment .................................................................................................................................... 4 1.1.2 Documentation ............................................................................................................................. 5 1.2 Deliverables to SEL ES ...................................................................................................................... 5 1.3 Change in Scope ................................................................................................................................. 5 2 Payment and Work Schedule ..................................................................................................................... 6 2.1 Purchase Order Instructions ................................................................................................................ 6 2.2 Payment Milestones ............................................................................................................................ 6 2.3 Payment and Credit Terms .................................................................................................................. 7 2.4 Schedule .............................................................................................................................................. 7 2.5 Work Suspension ................................................................................................................................ 7 2.5.1 Demobilization and Remobilization ............................................................................................ 7 2.5.2 Suspension of Work ..................................................................................................................... 8 3 Clarifications and Exceptions .................................................................................................................... 9 3.1 Clarifications ....................................................................................................................................... 9 3.2 Per Diem ........................................................................................................................................... 10 3.3 Onsite Commissioning Services ....................................................................................................... 11 3.4 Compliance ....................................................................................................................................... 13 3.5 Cybersecurity – Project Passwords ................................................................................................... 13 4 SEL ES Safety Program ........................................................................................................................... 14 4.1 Safety ................................................................................................................................................ 14 4.1.1 SEL Human Performance .......................................................................................................... 14 4.1.2 Qualified Electrical Worker Training ........................................................................................ 14 4.1.3 SEL Field Safety Manual Training ............................................................................................ 15 4.1.4 Commissioning Qualification .................................................................................................... 15 4.1.5 Event Reporting and Investigation ............................................................................................. 15 5 Project Quality Plan ................................................................................................................................. 16 6 SEL ES Terms and Conditions ................................................................................................................ 17 DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 295845 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 2 1 Scope of Services SEL Engineering Services, Inc. (SEL ES) is providing this document in response to a request for proposal, dated 30 January 2024, by Andy Rossello. Project Description Price (USD) Equipment Communications Panel SEL ES will provide one (1) freestanding communications panel equipped with the equipment listed in Section 1.1.1 Equipment. This pricing includes freight to the customer site. $37,852.87 Equipment Total $37,852.87 Services Functional Design Specification (FDS) SEL ES will provide engineering services to develop a FDS that includes a list of IP addresses, preliminary HMI screens, SCADA points list, and a Bill of Materials (BOM). Ethernet Switch Settings SEL ES will develop settings for one (1) SEL-2731 24-Port Ethernet Switch. Time Synchronization SEL ES shall provide configurations for one (1) SEL-2488 Satellite-Synchronized Network Clock in the communication panel to distribute time via network time protocol (NTP) over Ethernet to the 2731 Ethernet switch. The RTAC will be time-synchronized using an IRIG-B signal. Update Relay Settings SEL ES will update the settings files for the five (5) SEL-751 Feeder Protection relays with the updated communication settings. RTAC Configuration SEL ES will provide configurations for one (1) SEL-3555 Real-Time Automation Controller (RTAC) to collect data from and send controls to five (5) SEL-751 Feeder Protection relays. The RTAC will also be configured to send emails to specified addresses with relevant alarm information. RTAC HMI Programming SEL ES will use RTAC web-based HMI software to monitor the data and controls. The data displayed on the HMI are based on the I/O points list and are limited to data available from the Relays. The following screens will be developed as part of the HMI system: One (1) Overall Switchgear One-Line Screen. Five (5) Relay Detail Screens for Monitoring and Breaker Control. $23,643.00 DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 296846 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 3 Project Description Price (USD) Services (CONT’D) Design and Drafting Services SEL ES will develop the following design drawings for the SCADA Panel: Panel Layout and Bill of Materials. Wiring Diagrams. $5,569.00 Commissioning Support Services SEL ES will provide the services of one (1) Engineer for two (2) weekdays over one (1) Mobilization to perform Commissioning and Testing of the implemented communications panel. The following services will be provided and/or completed: Upload RTAC Configuration File. Verify Tags in the RTAC. Verify Communications to IEDs. Test HMI Displays for Tags, Controls, and Alarms. Verify Events/SER Collection in the RTAC. $15,386.00 Services Total $44,598.00 Total Price (Services & Equipment) $82,450.87 Option Description Price (USD) Operations Training and Documentation SEL ES will provide one (1) day of training by one (1) Automation Engineer in the Customer’s training room. This will be hands-on training covering the following topics: Identifying the SCADA equipment. Key SCADA component's functional introduction. Normal use of the SCADA. The user levels, password, and dos and don’ts for the SCADA. Communications system overview and data flow introduction. HMI management including alerts, events, historian, and reports. Troubleshooting key SCADA components. Note: This does not include protection relays and protection relay settings training. $10,571.25 Total Option Price $10,571.25 Total Price with Optional Items $93,022.12 All quoted prices are exclusive of any sales, value-added, or similar taxes, which will be added, if applicable, at the statutory rate(s) at the time of invoicing. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 297847 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 4 1.1 Deliverables to Customer 1.1.1 Equipment SEL ES will provide the following equipment to City of Aspen (“Customer”): QTY Manufacturer Part/Model Number Description 1 SEL 631-0013 SIMPLEX CABINET, 900x900x2300, ANSI 61 TEXTURED, NEMA 12 1 SEL 2488#07RN SEL-2488 SATELLITE-SYNCHRONIZED NETWORK CLOCK 1 SEL 3555#JGFH SEL-3555 RTAC 1 SEL 91610054 TOUCHSCREEN MONITOR KIT (19 IN ELO MONITOR) 1 SEL 91610050 RACK-MOUNT USB KEYBOARD/DRAWER FOR USB (MOUSE) 1 SEL 2731#86CK SEL-2731 ETHERNET SWITCH 1 SEL C953#0103 SEL-C953 RG58A/U COAXIAL CABLE WITH BNC MALE CONNECTORS, 30 FEET 1 SEL C953#MH74 SEL-C953 COAXIAL CABLE FOR IRIG-B DISTRIBUTION 3 SEL CA605#0102 SEL-CA605 SHIELDED ETHERNET CABLE WITH RJ45 CONNECTORS, 6 FEET 1 SEL C809#HYXJ SEL-C809 9 µM SINGLE-MODE FIBER-OPTIC CABLES 1 SEL 8130-01 1000BASE-LX SFP TRANSCEIVER (1310 NM, SINGLE-MODE, 10 KM) 4 EATON 278796 MINIATURE CIRCUIT BREAKER (MCB), 10A, 2P, K-CHAR 60 PHOENIX CONTACT 3044131 TERMINAL BLOCK UT6 12 PHOENIX CONTACT 3047028 TERMINAL BLOCK END COVER 8 PHOENIX CONTACT 0800886 TERMINAL BLOCK END CLAMP 1 CDW 1461507 DISPLAYPORT CABLE 1 APC SMT1500RM2UC APC SMART-UPS 1500VA LCD RM 2U 120V 1 TBD TBD LIGHTING KIT 1 TBD TBD FIBER ATTENUATOR DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 298848 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 5 1.1.2 Documentation SEL ES will provide the following documentation to the Customer: RTAC Settings File in (.exp) software format. Functional Design Specification (FDS). An initial set of Drawings for the customer to review, comment, and approve consisting of the following: – Panel Layout and Bill of Materials. – Wiring Diagrams. A final set of the above Drawings that have been approved by the Customer. Isolation, Commissioning, Testing, and Restoration Plan. Optional Item: A Training Agenda and associated training material. Note: All drawings will be provided in AutoCAD format (.dwg) version 2013 unless otherwise noted. 1.2 Deliverables to SEL ES The Customer will provide the following items to SEL ES: Single-Line Diagrams, Protection & Control One-Line Diagrams, and AC/DC Schematic Diagrams. The desired Internet Protocol (IP) address range for the five (5) SEL-751 relays. Part numbers, serial number/firmware versions, and settings for the five (5) SEL-751 relays. Site-specific/Customer training requirements. A review and approval of the initial Drawing package. Any other pertinent information to complete the services requested. 1.3 Change in Scope In the event of a change in scope, the contract amount and schedule shall be equitably adjusted. The party identifying a potential change in scope will request the change of scope to the other in writing (fax, email, or letter). SEL ES will identify any budget or schedule impact and submit it for approval. SEL ES will proceed with the work as soon as SEL ES receives written approval, in accordance with established contract provisions. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 299849 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 6 2 Payment and Work Schedule 2.1 Purchase Order Instructions We request that the Customer use the following name and address when issuing a Purchase Order (PO). SEL Engineering Services, Inc. 2350 NE Hopkins Court Pullman, WA 99163 Purchase Order must reference SEL standard Terms and Conditions (T&Cs), or previously agreed contract T&Cs. Purchase amount must be for full amount of proposed project plus any selected options. Purchase Order can be issued to the contact(s) listed in the SEL ES Contact Information section in this proposal. 2.2 Payment Milestones Milestone Activity Price (USD) Upon Receipt of a Purchase Order $15,000.00 Upon Order of Equipment $37,852.87 Upon Submission of the FDS $14,212.00 Upon Mobilization of Onsite Commissioning Resources – (Per Diem) $15,386.00 Total Price $82,450.87 Milestone Activity (Optional Items) Price (USD) Upon Mobilization of Onsite Training Resources – (Per Diem) $10,571.25 Total Price (Optional Items) $10,571.25 All quoted prices are exclusive of any sales, value-added, or similar taxes, which will be added, if applicable, at the statutory rate(s) at the time of invoicing. If your organization is a Tax Exempt Entity, please provide an Exemption Certificate to ensure accurate invoicing The price does not include freight or brokerage duties. Panels will be packaged for overseas shipping. It is the Customer’s responsibility to arrange for transportation of the panels to the job site. If the Customer prefers that SEL ES ship the panels, actual freight costs will be determined at the time of shipment and added to our invoice. Unless indicated otherwise in this proposal, the price does not include the cost of any Payment, Performance, and/or Warranty security instrument. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 300850 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 7 This proposal is valid for sixty (60) days. SEL ES reserves the right to withdraw this offer if mutually accepted credit terms cannot be agreed upon. 2.3 Payment and Credit Terms If your company does not have established credit terms sufficient to cover this purchase, SEL ES reserves the right to require any of the following: Credit Information, Prepayment, Letter of Credit, or Progress Payments prior to acceptance. Work cannot be initiated until adequate credit terms have been established. Payment Terms: Net thirty (30) days after date of invoice. 2.4 Schedule Delivery of approval Drawings is four weeks after receipt of Purchase Order and agreed upon terms. Delivery of equipment shall be fourteen (14) to sixteen (16) weeks after approval of design Drawing(s). The panel fabrication schedule is based on the following: Customer approval of the Panel Structural and Panel Layout Drawings. Customer approval of the Panel BOMs. A one-time review of Drawings, BOMs, and nameplate lists. SEL ES will furnish a schedule for engineering, drawings for approval, manufacture, test, and shipment within one week after receipt of a purchase order and agreed upon terms. Failure to supply requested information in a timely manner will affect the schedule and will subject the Customer to additional charges as set forth in Section 1.3: Change in Scope. If a project is delayed or suspended, the revised project schedule will be based on present workload and staff availability. Proposed schedules are based on present workloads and, if applicable, material and equipment deliveries. The schedule may change depending upon the start date and the impact of work that may be awarded to SEL ES between the date of this proposal and the date of the award. Schedule is subject to acceptable payment and credit terms. The schedule will be equitably adjusted in the event of changes in scope or in the event of delays attributable to the Customer or Customer’s separate contractors, unforeseen conditions, or causes beyond the control of SEL ES. 2.5 Work Suspension 2.5.1 Demobilization and Remobilization In the event that a delay involves a demobilization and remobilization, whether the same is due to a Customer request, a lack of information, Customer has been unresponsive for thirty (30) days, or otherwise, SEL ES will charge and the Customer agrees to pay the greater of one thousand dollars ($1,000.00) or five percent (5%) of the contract value to demobilize from the Project. After the Project has been demobilized, SEL ES will charge and the Customer agrees to pay two percent (2%) of the contract value to remobilize the project per Customer directive and per a mutually approved schedule. If a project is remobilized, the revised project schedule will be based on present workload and staff availability. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 301851 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 8 2.5.2 Suspension of Work Any Project delayed or demobilized beyond a reasonable period (as determined in SEL’s sole discretion and including, but not limited to, the Customer being unresponsive for thirty [30] days or the project being suspended for a period of one hundred eighty [180] days or more) shall be treated as terminated by Customer and Customer shall be responsible for payment of all outstanding invoices, any actual costs incurred up to the date of termination, and a twenty percent (20%) cancellation fee on the remaining unbilled balance. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 302852 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 9 3 Clarifications and Exceptions SEL ES developed the scope of work, schedule, and price based on the information provided to us as listed in this proposal. Should additional or changed work be required, including such work resulting from unusual conditions or for any other reasons that are not evident from the information provided, changes to the price or schedule may result. SEL ES will assign a Project Manager to the project. The Project Manager will oversee and maintain the schedule within SEL ES. The Project Manager will also be the Point of Contact with the Customer in order to maintain a smooth flow of information. For safety reasons, SEL ES service personnel will not plan to work more than ten (10) hours per day. Should job requirements dictate work hours in excess of ten (10) hours per day, SEL ES and the Customer must review the requirements and agree on an appropriate plan that addresses safety concerns and the reasonableness of the hardship that the excessive hours place on SEL ES personnel. 3.1 Clarifications This proposal includes a Functional Design Specification (FDS). An FDS will establish the design basis, equipment part numbers, and document-specific Customer requirements. As a part of this document, SEL ES will determine if additional equipment is needed to fulfill the requirements and may suggest value-engineered solutions. The FDS is a critical design document that must be finalized and approved by all responsible parties early in the design phase. The signed and approved FDS supersedes any proposal, specification, or other preliminary design documents. The service of programming and configuration of relays will not begin until after the standard FDS is approved by the Customer. The existing switchgear Ethernet switch is assumed to be a flat switch. The configuration of the existing switchgear Ethernet switch is not included in the scope. It will be the Customer's responsibility to supply and wire the power cables to the panel. It will be the Customer’s responsibility to mount the SEL-2488 antenna, route the fiber cable, and install the SEL communications panel. The data displayed on the HMI are based on the I/O points list and are limited to data available from the SEL-751 Relays. The site is expected to be deenergized for commissioning. The five (5) SEL-751 relays included in the scope of this project are assumed to be capable of receiving remote controls such as open/close. The Customer will provide all protective element set points and/or the existing relay settings. Power system studies or relay coordination studies review are not included in this proposal. This can be provided as an additional service. Panel products provided in this scope of work are not UL listed. UL listing service is available as an option. Testing of relay settings is not included in this quote. SEL ES engineers will work under the direction of the Customer’s engineer and will assist with technical issues that arise during commissioning. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 303853 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 10 The Customer shall provide a Senior Electrician, or otherwise qualified person, to assist with commissioning activities on site. This would include: – Assistance with Point-to-Point Testing to verify correctness of wiring. – Assistance with wiring corrections if any errors are encountered. BOM tables in this proposal are based on a preliminary assessment by SEL ES. The equipment part numbers may be subject to change during the design phase of this project. Any price differences because of a change in part numbers shall be billed to the Customer as per actual. Equipment, materials, and accessories will be furnished, mounted, and connected as indicated on the drawings. Equipment, materials, and accessories listed by catalog number will be furnished as specified. SEL ES will also provide miscellaneous nuts and screws, cable ties, ground bar, insulated ring tongue connectors, cable troughs for horizontal wiring, wire, nameplates, and any other miscellaneous material required to complete panel wiring not specifically listed on the panel front view drawings supplied by the Customer. SEL ES will provide complete factory wiring for the control panel and equipment mounted in the panel. Wire and Cable will be type SIS, rating 600 Volts, 90 °C. It is assumed that Commissioning and Training will occur during the same Mobilization. SEL ES will investigate and determine whether a fiber cable attenuator will be required for the Single Mode Fiber connection to the iS5 Switch. The SEL Complete Antenna Installation Kit included with the SEL-2488 Satellite-Synchronized Network Clock will be shipped loose to the customer prior to the SCADA panel. The customer is responsible for installing the GPS antenna prior to SEL ES arrival on site and will connect the antenna to the SEL-2488 Clock in the SCADA Panel. The SEL-C809 Single Mode Fiber Cable will be shipped loose prior to the SCADA panel and will be installed by the customer prior to the SEL ES arrival onsite. 3.2 Per Diem SEL ES will perform onsite work on a Per Diem basis unless the Customer and SEL ES agree on other arrangements. The party identifying a potential change in scope will request the change of scope to the other in writing (fax, email, or letter). SEL ES will identify any budget or schedule impact and submit it for approval. SEL ES will proceed with the work as soon as SEL ES receives written approval, in accordance with established contract provisions. Refer to Table 1 for the Per Diem rates. Table 1 Per Diem Rate Table (USD) Item Description Price (USD) 1 Mobilization Fee per U.S. Personnel Distant (Requires Air Travel) = $5,850.00 Local (Within 200 Miles) = $2,950.00 2 Daily Rate per U.S. Personnel Weekday Rate = $2,950.00/Day Saturday Rate = $4,425.00/Day Sunday and Holiday Rate = $5,900.00/Day DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 304854 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 11 All quoted prices are exclusive of any sales, value-added, or similar taxes, which will be added, if applicable, at the statutory rate(s) at the time of invoicing. The following details apply to Table 1: No receipts will be provided as part of the Per Diem Rates. The Mobilization Fee is defined to include the labor and travel costs associated with transporting one person roundtrip to and from the Customer site. The Daily Rate is the charge per person, per day. Typical working hours are 8 a.m. to 6 p.m., Monday through Friday. Lunch shall be up to sixty (60) minutes with two (2) 15-minute breaks each day. If all the onsite work cannot be performed during typical working hours, then the Daily Per Diem Rate will be billed at 1.5 times the above rate for work performed Monday through Friday. Onsite work performed on Saturday, Sunday, or on a holiday shall be agreed upon between the Customer and SEL ES in advance and be subject to additional charges. Time spent by SEL ES personnel on site while waiting standby, training, or traveling to and from the site will be considered billable time. Per Diem Rates are valid for work performed within one year of the proposal date. Holidays observed for U.S. Offices include: New Year’s Day (observed), Civil Rights Day, Memorial Day, Juneteenth, Independence Day (observed), Labor Day, Veterans Day, Thanksgiving Day, Thanksgiving Friday, and Christmas Day (observed). 3.3 Onsite Commissioning Services SEL ES personnel performing onsite commissioning and testing support will: Adhere to both Customer- and SEL ES-required operational and safety processes and procedures. SEL ES personnel will execute safety expectations to the more rigorous of either the Customer or SEL ES safety requirements. The minimum SEL ES safety expectations include: – Use Personal Protective Equipment (PPE), including Category 2 arc-rated (AR) flame-resistant (FR) clothing, safety glasses, ear plugs, hard hat, and safety toe protective footwear. – Perform daily tailboard meetings. If site conditions change unexpectedly, a subsequent tailboard meeting shall be performed. – Limit SEL ES employees’ arc-flash energy exposure to 8 cal/cm2 (see Note 1). – Prohibit SEL ES employees from working with asbestos-containing material (see Note 2). – Follow Customer notifications to SEL ES personnel concerning any special safety training, prior to onsite commissioning and testing activities (training time shall apply to onsite support time). Perform all work activities using the SEL human performance tools, as applicable. The SEL human performance tools will include, but are not limited to: – Stop-work authorization. Initiate a stop-work and/or time-out when conditions change or abnormal situations or discrepancies arise. – Three-part communications. – Flagging, taping, signage, and barriers. – Independent verifications and/or reviews of critical steps in the evolution of work. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 305855 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 12 – Performance of place-keeping methods to maintain tracking of critical steps. – Performance of pre-job briefing and walkdown before working on active control schemes, including breaker failure, local and remote breaker backup, transfer trip schemes, remedial action scheme activation, etc. Participate in and execute energy control processes as required by the Customer and as stipulated in the SEL ES commissioning procedures. The minimum energy control expectations include: – Development of an SEL ES-written testing and commissioning plan, according to the scope of this proposal. – Review and perform a walkdown inspection of applicable energy control boundaries (Lockout/Tagout [LOTO]). Verify the installation and/or closure of any installed safety grounds and/or switches and open points. Ensure that tagging is in place and/or controlled by the Customer’s designated authority (dispatch) (see Note 3). – Sign on to the Customer’s clearance order or permitting processes and subsequent release from clearance when the work evolution ends. Provide site leadership, direction, and Customer collaboration and communications during the job-site work execution, equipment testing, wiring verifications, and equipment energizing. The site leadership will encompass the following: – Verification and/or validity of “Issue for Construction” engineering documentation. – Technical supervision of crews performing demolition and wiring activities. – Management of sequencing of testing activities according to the preapproved Testing and Commissioning Plan. – Performance of wire checks and circuit verifications. – Execution of primary current injection testing. – Execution of secondary current injection testing. – Management of the energization and testing of control schemes and protective relays. – Performance of the verification of settings and configuration files. – Preparation of documentation of commissioning events. – Communication of regular/daily Customer updates regarding the site status and/or progress and the equipment configuration. – Assumption of responsibility for all work activities performed under the SEL ES scope of this proposal. Unexpected outcomes including equipment issues, product defects, and safety or human performance issues will immediately initiate a stop-work time-out and the Customer and SEL ES leadership must be engaged. – Responsibility to provide Customer support for emergent or emergency situations not directly associated under the SEL ES scope of this contract. If an emergent or emergency situation arises with customer equipment (e.g., load at risk or load lost), and customer assistance is needed, SEL ES personnel will assist and/or advise the Customer with respect to the remediation of the emergent or emergency situation without a preapproved testing plan. During the emergent or emergency situation, SEL ES personnel will work under the direction of the Customer and will be available in a technical support role only. Note 1: Electrical outages (controlled through LOTO or other clearance processes) should be considered to eliminate risk of employee exposure to arc-flash incident energy. If the normal incident energy is above 8 cal/cm2, SEL ES will work with the Customer to evaluate the options to reduce fault current and fault current clearing times, including creating temporary settings DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 306856 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 13 changes to speed up protection, opening tie breakers, and other incident energy reduction techniques. If an arc-flash study is required to determine the incident energy level, SEL ES will provide a proposal to do this work under a separate contract. Note 2: SEL ES employees will not perform any work activities on asbestos-containing material or presumed asbestos- containing material within the work zone that will be disturbed during normal work activities or material that is already in a friable state, until a negative test result is received from a certified laboratory verifying the absence of asbestos in the workplace. If a positive result is confirmed indicating that any hazardous material is present, no work activities shall commence or resume without complete remediation by qualified contractors. It will be the responsibility of the equipment and/or asset owner to mitigate any identified and verified asbestos hazards. Note 3: SEL ES personnel do not provide services for switching of the Customer’s primary equipment to establish LOTO and/or clearance orders. The Customer must provide qualified personnel for switching primary equipment to establish primary LOTO and/or clearance zones for commissioning and testing activities. 3.4 Compliance SEL ES will comply with state and local codes, standards, rules, regulations, and laws insofar as they do not exceed national codes, standards, rules, regulations, and laws. In the event that a part, other than protective relays, is not obtainable or develops a lengthy lead time, SEL ES will consult with the Customer to determine if the project deadline can be extended or if the part can be substituted with an alternate manufacturer’s model that will meet or exceed the specifications of the original part. All panels require storage in a dry, temperature-controlled building. Improper storage will void manufacturer’s warranty. 3.5 Cybersecurity – Project Passwords To maintain security during the processes of engineering, fabrication, factory tests, shipment, delivery, onsite testing, and commissioning, the electronic devices in this system are assigned project passwords. They are specific to this project and are controlled at SEL ES on a strict need-to-know basis. As part of the final deliverables from SEL ES, the Customer will receive documentation identifying the project passwords in each of the delivered products. SEL ES recommends that the Customer change the project passwords to Customer-defined passwords upon receipt of their products. SEL ES policy is to change passwords; however, SEL ES will follow the Customer policy regarding passwords as advised. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 307857 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 14 4 SEL ES Safety Program 4.1 Safety SEL ES is committed to the safety of its employees and customers, and our employees practice work rules to ensure compliance with industry standard safety methods and federally mandated requirements. SEL ES safety metrics include: ORIR (OSHA Recordable Incident Rate): 0.19 year-ending 2022. DART (Days Away [from work], Restricted, and Transfer): 0.19 year-ending 2022. 4.1.1 SEL Human Performance SEL ES project procedures are designed to highlight Human Performance Improvement (HPI) error precursors and implement tools to place barriers against hazards encountered in engineering work and in the field. HPI tools that are built into the daily work of SEL ES engineers include, but are not limited to: Peer-check requirements. Questioning attitude. Stop work. Policy adherence. Effective communication strategies. Documentation of Good Catches and Near Misses. Participation in surveys and questionnaires to obtain feedback. 4.1.2 Qualified Electrical Worker Training Employees shall complete SEL Qualified Electrical Worker (SQEW) training to work in the field. The two- day course is comprised of section competencies measured through quizzes. The second day, employees collaborate, respond to real-life scenarios encountered in the field, and teach the class their evaluation. SQEW training covers: National Fire Protection Association (NFPA) 70E®. Shock and Arc-Flash Hazards and Approach Boundaries. Risk Assessment. HPI Tools and Applications. Personal Protective Equipment (PPE) in accordance with the Occupational Safety and Health Administration (OSHA) and NFPA 70E. Substation Equipment, Entry, and Protocols. Step and Touch Potential. Control of Hazardous Energy (LOTO). Electrically Safe Work Conditions. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 308858 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 15 Situational Awareness. Project Safety Plan. Daily Tailboard. Energized Electrical Work Permit. Stop Work Procedure. Other Electrical Safety Topics. 4.1.3 SEL Field Safety Manual Training The scope includes all SEL employees who visit customers’ sites to perform work in which the job may expose them to physical, mechanical, electrical, chemical, or radiological hazards. SEL ES complies with all local, state, and federal laws, as well as with other regulations relative to the methods of performing work. The contents meet or exceed the requirements of OSHA regulations and NFPA 70E. 4.1.4 Commissioning Qualification Commissioning personnel are qualified within their area of expertise (i.e., automation, protection) and progress with greater levels of authority based on hands-on performance, demonstration of knowledge in each competency, and by final qualification via a review panel process and supervisory evaluation. 4.1.5 Event Reporting and Investigation SEL ES has a robust event reporting and investigation program to collect safety data from employees when hazards or potential hazards are encountered while working. The goal is to proactively educate employees, create awareness, and put barriers against hazards in place to improve safety performance. A communication program provides information to employees regarding the Good Catch/Near Miss and allows discussion as to why they are important to safety performance. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 309859 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 16 5 Project Quality Plan SEL maintains a documented quality system that meets the requirements of ISO 9001. SEL ES strives to design, develop, and deliver dependable, quality solutions that exceed Customer expectations by applying the example SEL ES Project Procedure illustrated in Figure 1. The procedure and subordinate work instructions encompass a sequential, phase-gate design process that is tailored to the specific scope of the project. The primary goal is to design in quality from the beginning of the project. Time spent early on to ensure that customer project requirements and the design basis are correct saves time and effort in later phases for the customer, the project team, and others involved. The SEL ES Project Procedure for a typical project has phases for planning, definition, development, testing/validation, commissioning, and close out. Detailed design reviews of requirements and deliverables by competent technical reviewers from SEL ES authorized reviewer lists ensure the quality of deliverables. Testing and validation processes prove the performance of the solution for the customer’s application. The customer has an important role in the process. Throughout the project, SEL ES will communicate project status and provide opportunities to define requirements, review deliverables, and provide feedback on SEL ES performance. Additionally, when customers define hold/witness points or approval requirements, SEL ES will include the requirements in its detailed project plans to guarantee compliance. Figure 1: Example SEL ES Project Procedure Diagram DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 310860 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 17 6 SEL ES Terms and Conditions To accept this proposal and attached terms, please return this sheet, signed and dated. All purchase orders shall be issued to SEL Engineering Services, Inc. City of Aspen (“Customer”) SEL Engineering Services, Inc. (“SEL ES”) 427 Rio Grande Place 2350 NE Hopkins Court Aspen, CO 81611 Pullman, WA 99163 Signature: ________________________________ Signature: ________________________________ Print Name: _______________________________ Print Name: _______________________________ Title: ____________________________________ Title: ____________________________________ Date: ____________________________________ Date: ____________________________________ Contract Information (to be completed by client): Contract Amount: $_________________________ Client PO/ Reference/Contract#: _______________________ Ship To Address: __________________________________________________________________________ Bill To Street Address: ______________________________________________________________________ Bill To Email Address: _____________________________________________________________________ 1. Applicable Terms and Conditions. These terms and conditions (“Terms”) and the SEL Proposal constitute the entire agreement between Customer and SEL Engineering Services, Inc. (“SEL”) with respect to the Project. “Project” means the project described in the attached Proposal. These Terms supersede any prior or contemporaneous, verbal or written, agreements, negotiations, commitments, representations, or correspondence between the parties, including any terms and conditions on any purchase order form. All sales are expressly limited to these Terms and are conditional on Customer’s assent to these Terms. SEL hereby expressly rejects any representation, express or implied warranty, course of performance or dealing, trade usage or any different or additional terms and conditions not set forth herein unless expressly agreed to in writing and signed by an authorized officer of SEL. Any Schweitzer Engineering Laboratories, Inc. (“SEL, Inc.”) products purchased in conjunction with the Project shall be subject to the then-current SEL, Inc. product sales terms, which are available at SEL’s website at www.selinc.com/termsandconditions/unitedstates and incorporated herein by reference. Training provided by SEL University is governed by the SEL University Terms and Conditions posted on SEL’s website at www.selinc.com/termsandconditions/seluniversity/. 2. SEL Responsibilities. SEL shall furnish the necessary engineers and technicians to provide the engineering services set forth in the Scope of Services. The professional obligations of SEL’s design professionals shall be undertaken and performed in the interest and on behalf of SEL in accordance with applicable laws and regulations governing such design professionals and generally accepted engineering practices prevailing in the jurisdiction where the Project is located. Nothing contained in these Terms shall create any professional obligation or contractual relationship between the individual professionals and Customer. SEL shall assist Customer in obtaining any necessary approvals of professionally-sealed drawings, and shall assist Customer in obtaining necessary approvals from governmental authorities having jurisdiction over the Project. 3. Customer Responsibilities. Customer shall provide SEL with full information regarding the requirements for the Project, and SEL shall be entitled to rely on such information. Any tests, data of any kind or reports of Customer’s other consultants or independent contractors shall be furnished with reasonable promptness and SEL shall be entitled to rely upon their sufficiency, accuracy, and completeness without further inquiry. Customer shall provide all information requested by SEL relating to the Project expeditiously and shall render decisions pertaining thereto in order to avoid delay in the orderly progress of the design and construction of the Project. Failure to comply with this requirement may result in additional costs and delays, which shall be Customer’s sole responsibility. Customer will ensure that SEL’s personnel or representatives are provided a safe and secure work environment at all times while they are on site to enable work to be carried out. SEL may, in addition to other rights or remedies available to it, evacuate some or all of its personnel from the site, suspend performance, and/or remotely perform or supervise work. Any such occurrence shall be considered an excusable event. Customer shall reasonably assist in any such evacuation. 4. Changes and Delays. Changes in scope or modification of Services will result in the contract amount and schedule being equitably adjusted. SEL is not obligated to proceed with any change until both parties agree upon such change in writing. SEL shall be entitled to an equitable adjustment in the price and schedule in the event of any changes in the law or engineering standards impacting SEL’s obligations or performance under this Agreement. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 311861 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 18 Any order delayed at Customer’s request shall be subject to the prices and Terms in effect at the time of release of such delay. Any such order delayed beyond a reasonable period (as determined in SEL’s sole discretion) shall be treated as a Customer termination, and Customer shall be responsible for payment of all outstanding invoices, any actual costs incurred up to the date of termination and a 20% cancellation fee on the remaining unbilled balance. When Products are ready for shipment and shipment cannot be made due to Customer’s request, SEL shall submit an invoice for such Products payable upon receipt thereof and shall store such Products on Customer’s behalf. In such event, risk of loss shall pass to Customer upon moving such Products to storage, and all expenses incurred by SEL in connection with such storage, including without limitation demurrage, cost of preparation for storage, storage charges, insurance (if SEL chooses, at its sole discretion, to purchase such insurance) and handling charges, shall be payable by Customer upon submission of invoices by SEL. 5. Prices, Taxes and Payment Terms. Customer must meet the then-current SEL credit requirements to purchase on credit. Customer shall pay SEL in accordance with the agreed upon Proposal. Payments terms are net thirty (30) days from date of invoice if credit is approved. All invoices shall be deemed accurate unless Customer advises SEL in writing of an error within 10 days following receipt. If Customer advises SEL of an error, (i) any amounts corrected by SEL shall be paid within 14 days of correction or within 30 days of the original invoice date, whichever is later, and (ii) all other amounts shall be paid by Customer by the original due date. If Customer requires SEL to use a specific system or tool to process regular business transactions (e.g. invoices, shipment notifications, purchase orders), SEL may charge Customer for any transaction, setup or subscription fees charged to use the system or tool. SEL may suspend work or cancel any outstanding order if Customer fails to make a payment when due and until such payment is made and may impose a late charge of 1.5% per month or the highest applicable rate allowed by law on all amounts not paid when due. SEL shall not be liable for any liquidated damages if SEL suspends work due to the Customer’s late payment or credit issues. If an order is cancelled because of credit issues or late payments, SEL shall be entitled to receive payment of all outstanding invoices, any actual costs incurred to date, and a 20% cancellation fee on the remaining unbilled balance (“Cancellation Charges”). Prices are exclusive of any taxes. If Customer claims a tax or other exemption or direct payment permit, Customer will provide a valid exemption certificate or permit prior to invoicing and will indemnify, defend and hold SEL harmless from any taxes, costs and penalties arising from the same. If Buyer does not provide a valid exemption certification or permit prior to invoicing, Buyer shall be responsible for paying or seeking reimbursement for the taxes invoiced. Any payment made by Customer may be applied to amounts due before being applied to current orders, at SEL’s sole discretion. Notwithstanding the foregoing, Customer’s failure to pay amounts due shall be deemed a material breach of these Terms, and any acceptance by SEL of late payments shall not be deemed a waiver of such breach. To the extent allowed by law, SEL shall be entitled to recover all costs incurred in collecting amounts due from Customer, including without limitation legal fees and other costs (including without limitation disbursements). 6. Intellectual Property. SEL retains all its intellectual property rights. All documents, designs, drawings, plans, specifications, and other work product (collectively “Work Product”) prepared by SEL in performing the Project shall not be deemed “works made for hire” for Customer. To the extent that any such Work Product prepared by SEL while performing the Project is integrated into the Project, SEL hereby grants Customer a perpetual, worldwide, non-exclusive, non-transferable, personal, revocable, limited license to use, copy and modify such Work Product for internal business purposes only. SEL’s Work Product and/or designs for other projects shall not be used for any purpose except the applicable Project without first obtaining SEL’s written consent. Customer agrees to indemnify, defend and hold harmless SEL and all related parties from and against any unauthorized use or reuse of Work Product furnished by SEL, and any changes made by Customer or others relating to design documents produced by SEL. 7. Use of Confidential Information. In the performance of the Project and/or these Terms, a party may receive documents, materials, data and other confidential information of the other party or its affiliates. The receiving party shall use confidential information solely in performance of the Project and any resulting business transaction between the parties. The receiving party shall use at least the same degree of care (and, in any event, not less than a reasonable degree of care) in protecting the disclosing party’s confidential information as it exercises in protecting its own similar confidential information. Confidential information shall be subject to these Terms for three (3) years following receipt of such confidential information. Confidentiality obligations shall survive the termination of these Terms. 8. Warranties and Limitation of Liability. SEL shall perform the Project in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. SEL shall reperform (or, at SEL’s option, pay a third party to reperform) any defective services at no cost upon receipt of notice detailing the defect(s) within one (1) year of performance of the original services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY SHALL BE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS, VERBAL, OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE). In no event, whether as a result of breach of contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, shall SEL liability to Customer or its insurers for any (i) loss or damage exceed the contract price or (ii) if Customer places multiple order(s) under the contract, the price of each particular order for all claims arising from or related to that order, and any liability shall terminate at a reasonable time, not to exceed one (1) year, after provision of services. No claim, regardless of form, arising from these Terms may be brought more than one (1) year from the date such claim accrues. Claims against SEL are hereby agreed to have accrued not later than the completion of the Project, notwithstanding any laws to the contrary. In no event, whether as a result of breach of contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, shall SEL be liable for any special, incidental, consequential or punitive damages, including without limitation any loss of profit or revenues, loss of use of associated equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, downtime costs or claims of Customer’s customers for such damages. Customer shall indemnify, defend and hold harmless SEL and all related parties from and against any claims, demands, causes of action, losses, costs and expenses, including without limitation legal fees and other costs, arising directly or indirectly from, as a result of or in connection with the acts or omissions of Customer, its officers, employees, agents or representatives, relating to the Project and/or these Terms, including without limitation any defect or failure or alleged defect or failure in or of any Customer product or operation. Remedies are limited to those set forth in these Terms. 9. Termination. Customer may terminate these Terms upon ten (10) business days written notice to SEL in the event the Project is abandoned or otherwise terminated prior to completion. If such termination occurs, Customer shall pay SEL for Cancellation Charges. Customer may terminate the Project if SEL defaults or persistently fails or neglects to perform services in accordance with these Terms. However, such termination is permitted only DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 312862 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 19 if Customer provides written notice setting forth the default and SEL fails to begin to correct the default within ten (10) business days after receipt of such notice. 10. Dispute Resolution. The laws of the State of Washington, United States of America, excluding conflict of laws principles, shall govern these Terms. Any controversy or claim arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the Procedures for Large, Complex Commercial Disputes under the Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Seattle, Washington, United States or another location agreed upon by the parties. The language of the arbitration shall be English. The prevailing party to any dispute shall be entitled to recover legal fees and other costs (including without limitation disbursements, collection costs and the allocated cost of in- house counsel). 11. Insurance. SEL shall maintain for its protection the following insurance coverage: (i) Worker’s Compensation, Employer’s Liability and other statutory insurance required by law with respect to work related injuries or disease of employees of SEL in such form(s) and amount(s) as required by applicable laws; (ii) Automobile Liability insurance with a combined single limit of $1,000,000 per occurrence; and (iii) Commercial General Liability or Public Liability insurance for bodily injury and property damage with a combined single limit of $2,000,000 per occurrence, $4,000,000 annual aggregate. Upon request, SEL will provide a certificate of insurance reflecting such coverage. 12. Export. Customer acknowledges that all commodities, software, or technology (collectively “Items”) provided by SEL are subject to US export jurisdiction and agrees to comply with all applicable import and export laws, rules, and regulations regarding the transfer of any such Items, including but not limited to, the US Export Administration Regulations 15 C.F.R. Parts 730-774. Customer shall obtain prior authorization from the U.S. Department of Commerce or any other applicable government entities prior to the export, re-export, transfer, diversion, or disclosure any Items provided hereunder, or any direct product thereof, to any destination, end-use or end-user which is restricted or prohibited by US or other applicable laws. Customer also agrees to comply with US anti-boycott laws and regulations when exporting Items. 13. Miscellaneous. Any notice pursuant to these Terms shall be deemed given when sent by registered mail, certified mail (return receipt requested), or overnight delivery to an authorized officer at the address listed on the SEL sales order acknowledgment or, if no such address is provided, at the registered headquarters of the other party, or when faxed to 1-509-336-7920 or emailed to legal@selinc.com (receipt confirmed). All rights and duties hereunder shall be for the sole and exclusive benefit of Customer and SEL and not for the benefit of any other party. The assignment or transfer by Customer of any rights or duties hereunder without prior written consent of an authorized officer of SEL shall not relieve Customer of any obligations to SEL. SEL may perform its obligations hereunder personally or through one or more of its affiliates, although SEL shall nonetheless be solely responsible for the performance of its affiliates. SEL may assign or novate its rights and obligations under the Contract, in whole or in part, to any of its affiliates or may assign accounts receivable to any party without Customer’s consent. Customer agrees to execute any documents necessary to complete Seller’s assignment or novation. SEL may subcontract portions of the work so long as SEL remains responsible for the work. Customer shall notify SEL immediately upon any change in ownership of more than fifty percent (50%) of Customer’s voting rights or of any controlling interest in Customer. No failure or delay by either party in exercising any right or remedy, or insisting upon strict compliance by the other party with any obligation in these Terms, shall constitute a waiver of any right thereafter to demand exact compliance with these Terms. The invalidity, in whole or in part, of any provision in these Terms shall not affect the remainder of such provision or any other provision and, where possible, shall be replaced by a valid provision that effects as close as possible the intent of the invalid provision. No party shall be liable for failure to perform or delay in performance of any obligation under these Terms (except payments of amounts already due and owing) where such failure or delay results from any events beyond its reasonable control. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 313863 MEMORANDUM TO:City Council FROM:Cindy Christensen, Deputy Director of APCHA THROUGH:Matthew Gillen, Executive Director of APCHA MEMO DATE:February 27, 2024 MEETING DATE:March 12, 2024 RE:Approving Funds to complete construction of two homes at Woody Creek Park Subdivision REQUEST OF COUNCIL: To approve Resolution No. 33 (Series of 2024), Authorizing the Aspen/Pitkin County Authority (APCHA) through the City Manager to Execute Said Sales Agreements from Clayton Homes and to appropriate funds for such Construction of two homes to be located in the Woody Creek Park Subdivision SUMMARY AND BACKGROUND: There are two properties involved, 213 and 215 Woody Creek. These two properties were inspected during the sales process and it was determined that replacing them due to their condition was the appropriate course of action before they were sold in a lottery process. Clayton Homes has worked with other owners in Woody Creek to replace homes and APCHA is familiar working with the. APCHA has signed the attached Sales Agreements to complete construction on these two lots with new homes. 213 Woody Creek: APCHA purchased this property on August 10, 2023, from the Estate of Sean Kiuttu. This property was purchased by APCHA from the 632 Housing Development Fund, which is a fund controlled by the APCHA Board, for $279,300 and approved by the APCHA Board by Resolution No. 3 (Series of 2023). Upon inspection it was found that this home needed to be replaced. The proposed construction cost of a new home on this property is $298,027. 215 Woody Creek: APCHA purchased this property through a foreclosure on February 22, 2023, for $211,900.95. The property was purchased through the Foreclosure process and the funds came from the 620.442.81200 fund of which $500,000 is budgeted on a yearly basis for buying back deed restricted properties within the APCHA program. The proposed construction cost of a new home on this property is $247,567. DISCUSSION: The homes are located next to each other in the Woody Creek Park Subdivision. The APCHA program will get two newly constructed homes, replacing two 314 properties not fit for resale, that will be sold upon completion, by the end of 2024 or early 2025. FINANCIAL IMPACTS: The 632 fund has the necessary funds to pay for the construction on both lots. The current fund balance as of January 2024 is approximately $888,100. The cost of construction for the two units is $545,594. Appropriations to support these expenditures will be included in the spring supplemental process as a previously approved action, pending Council approval. The intent is that the total acquisition and reconstruction costs will not exceed the maximum sales price for a Category 5, single-family home. That amount is $693,000 for a single-family, Category 5 home. Upon sale of both homes the monies will be returned to this 632 Fund, making it whole (or slightly positive). ENVIRONMENTAL IMPACTS: Unknown. ALTERNATIVES:To sell two substandard homes. RECOMMENDATIONS:To approve the use of funds from the 620 fund and the 632 fund to remove the existing home and replace with a new home at 213 and 215 Woody Creek Park Subdivision. CITY MANAGER COMMENTS: 315 RESOLUTION #33 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE ASPEN/PITKIN COUNTY AUTHORITY (APCHA) THROUGH THE CITY MANAGER TO EXECUTE SAID SALES AGREEMENTS FROM CLAYTON HOMES AND APPROPRIATE FUNDS FOR SUCH CONSTRUCTION OF TWO HOMES WHEREAS, there has been submitted to the City Council a Sales Agreement for providing homes for the properties at 213 Woody Creek and 215 Woody Creek, between the Aspen/Pitkin County Housing Authority and Clayton Homes, a true and accurate copy of which are attached hereto as Exhibits “A” and “B”; 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 Sales Agreement for construction of two homes at 213 Woody Creek and 215 Woody, between the Aspen/Pitkin County Housing Authority and Clayton Homes, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Executive Director of APCHA, Matthew Gillen, to execute said agreement on behalf of the City of Aspen and APCHA. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12th day of March 2024. 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, March 12, 2024. Nicole Henning, City Clerk 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Evan Pletcher, Capital Asset Project Manager THROUGH:Rob Schober, Capital Asset Director MEMO DATE:February 22nd, 2024 MEETING DATE:March 12 th, 2024 RE: Resolution #034, 2024: Professional Cleaning Services Contract for City Offices REQUEST OF COUNCIL: Please approve a contract for professional cleaning services between Green Clean and the City of Aspen. SUMMARY AND BACKGROUND: Jim Sinsel and his Green Clean staff have been responsible for cleaning multiple public City facilities for many years now. Green Clean’s contract with the City expired and Staff issued a Request for Proposals (RFP) for cleaning services. This contract will ensure that the following City facilities will continue to receive cleaning services: Brush Creek Parking Lot - Parking Permit Trailer 1080 Power Plant Rd. - Streets Department 630 West Main St. - Transportation & Special Events 427 Rio Grande - Parking Garage Restrooms & Elevator 590 N. Mill St. – Capital Asset & ACRA 130 S. Galena St. - 130 S. Galena St. - IT & Utility Billing 540 E. Main St - Aspen Police Department 455 Rio Grande Pl. - Parking & Human Resources 427 Rio Grande - Aspen City Hall DISCUSSION: The City received one bid for professional cleaning services in response to the RFP. The decision to continue our relationship with Green Clean was unanimous amongst the selection team. Staff continue to be impressed by Green Clean’s performance and professionalism. Staff sent Green 344 Clean a notice of award and a new 5-year contract that will be valid through February 28, 2029, if approved by Council. FINANCIAL IMPACTS: -The contract sum is $362,100 per year -The total contract value is $1,810,800.00 over the contract’s 5-year term -Green Clean can submit a request to increase their rate per the Consumer Price Index on an annual basis for years 2-5. Authority for this expense has already been approved as part of each facility’s operational budget, which is funded by the General Fund (001), Transportation Fund (141), and Parking Fund (451). ENVIRONMENTAL IMPACTS: Green Clean strives to be as environmentally friendly in their cleaning practices as possible. They take the time to make sure that trash, recycling, and compost are disposed of properly. They provide recycled and eco-friendly products in each facility they clean. RECOMMENDATIONS: Staff recommend approval of this professional cleaning services contract between Green Clean and the City of Aspen. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit I-Resolution #034, Series of 2024 Exhibit II-City of Aspen Professional Services Agreement with Green Clean 345 RESOLUTION #034 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GREEN CLEAN 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 City Facility Cleaning Services, between the City of Aspen and Green Clean LLC, 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 contract for professional cleaning services between the City of Aspen and Green Clean 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 12 th day of March 2024. 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, March 12, 2024. Nicole Henning, City Clerk 346 Agreement Professional Services Page 0 Updated 1/02/2024 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2024-026 AGREEMENT made this 12th day of February, in the year 2024. 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: Green Clean LLC c/o Jim Sinsel 128 Navajo Carbondale, CO 81623 970-379-1261 Laurence.jim@gmail.com For the Following Project: Cleaning Services for City of Aspen Offices 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 $100,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: March 12, 2024 Resolution No.: 2024-034 Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Total: $362,160 year 1 $1,810,800 for full 5 year term DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 347820 Agreement Professional Services Page 1 Updated 1/02/2024 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 2/28/2029. 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. 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 DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 348821 Agreement Professional Services Page 2 Updated 1/02/2024 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 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 DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 349822 Agreement Professional Services Page 3 Updated 1/02/2024 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 TWO MILLION DOLLARS ($2,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 350823 Agreement Professional Services Page 4 Updated 1/02/2024 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. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 351824 Agreement Professional Services Page 5 Updated 1/02/2024 employment-related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identit y, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c) Incorporate the foregoing provisions in all subcontracts hereunder. 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 City Manager of the City of Aspen (or a duly authorized official in the City Manager’s absence) and if above $100,000, following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’s absence) to execute the same. 16. 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 advisor y 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. DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 352825 Agreement Professional Services Page 6 Updated 1/02/2024 (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. 17. 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. 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, 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. 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 grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 353826 Agreement Professional Services Page 7 Updated 1/02/2024 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 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. 26. . Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [ ] No additional provisions are adopted. [X] See Exhibit A and B below. 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 DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 354827 Agreement Professional Services Page 8 Updated 1/02/2024 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: ____________________________ Title: _________________________ Title: ___________________________ Date: _________________________ Date: ___________________________ Approved as to form: _______________________________ City Attorney’s Office JPW-2/22/2024-M:\city\cityatty\arch\ag1-981.doc DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 2/22/2024 | 3:48:34 PM MST Jim Sinsel OWNER 355828 Agreement Professional Services Page 9 Updated 1/02/2024 EXHIBIT A: SCOPE OF WORK Current Cleaning Locations: All locations below are in Aspen, Colorado, 81611. Please note these locations and the services provided are subject to change or additions as necessary. o Brush Creek Parking Lot - Parking Permit Trailer o 1080 Power Plant Rd. - Streets Department o 630 West Main St. - Transportation & Special Events o 427 Rio Grande - Parking Garage Restrooms & Elevator o 590 N. Mill St. – Capital Asset & ACRA o 130 S. Galena St. - 130 S. Galena St. - IT & Utility Billing o 540 E. Main St - Aspen Police Department o 455 Rio Grande Pl. - Parking & Human Resources o 427 Rio Grande - Aspen City Hall General Requirements: • Provide labor, materials, equipment and supplies for cleaning various City buildings. • Carry appropriate insurance policies that satisfy the City’s requirements. • Have a current license to do business in Aspen. • One-year agreement with two (2) two-year options to renew. • Flexibility to changes in service or additional service requests. Security Requirements: • If selected, must provide a contact sheet on onsite employees that includes full name, social security number, address, and phone number. • If selected, must agree in writing that no individuals outside of those listed on the contact sheet will enter facilities with security clearance requirements. • If selected, must agree in writing not to share the gate and door security codes for any City buildings and facilities with anyone not on the contact sheet. • If selected, must have all personnel on the contact sheet take and pass the Level 2 CJIS Security training offered online within 60 days of contract award and provide a copy of the diploma and certification document to the City. • If selected, agree in writing the contact personnel will retake the Level 2 CJIS Security training every two years from date of certification and provide a copy of the certification to the City. Scope of Work: Services and frequency will vary per location. See Exhibit B for specific requirement for each location. The services will include but are not limited to: • Vacuuming, • Mopping floors, • Light dusting, • Wiping down hand rails, • Bathrooms DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 356829 Agreement Professional Services Page 10 Updated 1/02/2024 o Mop floor, o Clean toilets and urinals, o Change disinfectant tablets as needed o Wipe down walls around toilet, o Wipe down stall door and handle o Wash sink and mirror, o Wipe all down door knobs and handles o Flush and apply treatment for drains o Restock paper products and soap • Wipe down all high touch surfaces • Dust chairs, ledges, tables, picture frames on walls • Remove dead bugs and cobwebs • Clean lights, stairwells and landings • remove trash and recycling to the appropriate containers. • Kitchen cleaning o Restock paper products in kitchen o Clean countertops, sink, backsplash, outside of refrigerator and microwave • Spot carpet cleaning and stain removal as needed • Window cleaning as needed on inside • Spring and Fall deep cleaning • Clean drinking fountains if present • Clean entry glass doors and wipe down handles • Elevators o Vacuum elevator cabin o Wipe down rail and buttons inside elevator cabin • Clean vents, lights, and blinds • Clean showers if present • Clean under stairwells DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 357830 Agreement Professional Services Page 11 Updated 1/02/2024 EXHIBIT B: FEE SCHEDULE Contract is for 5 years total (ending on 2/29/2029) with an increase based on annual CPI each year. DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 358831 1 MEMORANDUM TO:Mayor Torre and City Council FROM: Justin Forman, Utilities Director Cole Langford, Utilities Business Services Manager Steve Hunter, Utilities Resource Manager THROUGH:Tyler Christoff, Deputy Public Works Director MEMO DATE:March 4, 2024 MEETING DATE:March 12, 2024 RE:Resolution # 036, Series of 2024—Service Schedule M and First Amendment to Fourth Revised Supplemental Agreements between Municipal Energy Agency of Nebraska and The City of Aspen REQUEST OF COUNCIL: Staff requests approval of Resolution # 036 Series of 2024, authorizing a Service Schedule M (SSM) agreement and First Amendment to Fourth Revised Supplemental Agreement with Municipal Energy Agency of Nebraska (MEAN). PREVIOUS COUNCIL ACTION:The City of Aspen originally became a SSM (Energy Resource Pooling Agreement) member on June 25, 1984. There have been numerous purchase power agreements and supplemental agreements between MEAN and City of Aspen since that time, but there has not been an overall change to the SSM agreement. Recently on February 28, 2023, Council approved Resolution #031 executing the subscription confirmation for the City’s participation into the Green Energy Program with MEAN. This Program continues the goal of providing 100 percent renewable energy in perpetuity for the City’s electric utility that cannot be met by local and regional hydroelectric facilities. Additionally, on September 26, 2023, under Resolution # 136 and # 137, Council approved a ten-year Purchase Power Agreement purchasing all the Ridgway Hydroelectric Facility’s power with MEAN and the Fourth Revised Supplemental agreement that listed the Ridgway energy to be retained as an exception to Aspen’s “All Requirements” commitment for energy purchases and supplies capacity and energy to Aspen’s total load requirement. This arrangement allowed Aspen to utilize a cost effective, in-state energy source while allowing other communities that are part of the MEAN’s joint action agency to enjoy the benefits of this renewable generation. BACKGROUND & DISCUSSION:The original SSM is over 40 years old and there have been many updates to electric wholesale markets, rules and regulations, and tariffs in that timeframe. As a result of this, MEAN administered a three-year process to update this agreement through 359 2 subcommittee and board discussions and workshops for city attorneys to review and provide input for updating this agreement. The utilities and attorney’s office participated in these discussions. The modernized SSM continues its purpose of providing long-term, cost-effective power supply with the benefit of offering a defined term limit. The SSM updates terms and policies to match today’s electric utility standards. The new SSM offers each community the ability to sign the same form of agreement and gives members the ability to exit the contract if they chose. Exiting the contract would require a financial penalty. This new SSM does not change any parties involved, supplied load, price, or change in services offered by MEAN. This new SSM will also continue providing economical wholesale pricing of resources. Existing local generation is still being honored. MEAN is still striving for a 2050 carbon neutral vision with the Green Energy Program remaining intact. The MEAN Board of Directors approved the modernized SSM at the January 18, 2024 meeting. The Amendment Number 1 to the Supplemental Agreement is intended to ensure the City of Aspen can continue to keep its beneficial use of its existing and proposed hydroelectric projects and Western Area Power Authority (WAPA) allocations for supplying capacity and energy to Aspen. Every MEAN member will be signing the same modernized SSM, but this Amendment Number 1 will ensure Aspen continues benefiting from its prior hydroelectric agreements. FINANCIAL BUDGET IMPACTS:There is no change in financial budget impact by approving these agreements. MEAN Board of Directors approve any rate increases in the January meeting that become effective for the fiscal year starting in April. There was an overall five percent increase to MEAN’s rates for this upcoming year. The overall five percent rate adjustment includes a seven percent increase in MEAN’s energy rates. There was no rate adjustment to MEAN’s overall Fixed Cost Recovery Charge that is allocated to participants. Staff anticipated this increase through Board of Directors meetings and have accounted for this increase in 2024 budget. ENVIRONMENTAL IMPACTS: Continuing membership with MEAN maintains the City of Aspen’s goal of utilizing 100% renewable energy in the City’s electric utility. As MEAN’s current resources and power contracts are replaced over time, they intend to add additional renewable resources to meet a 2050 carbon neutral vision. ALTERNATIVES:If Council elects to not participate in the agreements, the City could investigate two alternatives. The City could become a non-member with MEAN, requiring the City to pay increased costs for energy and would not be guaranteed the City can meet its full renewable energy demand. Additionally, the City would need to pay an exit fee for a proportional share of any existing bonds, the exact exit fee is unknown. The City could also elect to try and find other resources on its own. This establishes the risk of increased purchase power costs, ability to get the transmission required to receive the energy, and risk of not being able to find a reliable and dispatchable renewable energy source(s). It’s important to note that in addition to supplying power to the City, MEAN also forecasts and ensures Aspen is getting the correct amount of power real-time, looks out for Aspen’s interest at a state and federal level, and assists with any state and federal reporting required. If the City does not take advantage of this opportunity and 360 3 maintain our contractual relationship with MEAN, it will be difficult for Aspen to re-acquire desired renewable resources at economical wholesale pricing in the future. RECOMMENDED ACTION: Staff requestsCouncil move to approveResolution#036 Series of 2024 which will become effective April 1, 2024. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A: Service Schedule M Agreement between MEAN and The City of Aspen Exhibit B: First Amendment Fourth Revised Supplemental Agreement between MEAN and The City of Aspen Exhibit C: Resolution # 036, Series of 2024 361 RESOLUTION #036 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE SERVICE SCHEDULE M, AMENDED AND RESTATED TOTAL POWER REQUIREMENTS POWER PURCHASE AGREEMENT(“AMENDED SERVICE SCHEDULE M AGREEMENT”)) AND AMENDMENT NUMBER 1 FOURTH REVISED SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND MUNICIPAL ENERGY AGENCY OF NEBRASKA (MEAN) FOR THE CONTINUED PARTICIPATION IN SSM PROGRAM FOR THE ASPEN ELECTRICAL UTILITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAIDAGREEMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, on June 25, 1984, City Council for the City of Aspen approved contracts between the City of Aspen and the Municipal Energy Agency of Nebraska (“MEAN”) for the original participation in the MEAN Service Schedule M Power Purchase Agreement (“Service Schedule M Agreement”); and WHEREAS, on September 26, 2023, City Council for the City of Aspen approved contracts between the City of Aspen and the Municipal Energy Agency of Nebraska (“MEAN”) for the Fourth Revised Supplemental Agreement, a Supplemental Agreement to the Schedule M Agreement; and WHEREAS, MEAN announced on December 1, 2023, its intent to amend and modernize the Scheule M Agreement to continue its purpose of providing long-term, cost-effective power supply consistent with today’s electric utility standards to be effective on April 1, 2024; and WHEREAS, the Amended Service Schedule M Agreement will amend and replace in its entirety the Service Schedule M Agreement governing Aspen’s purchase of power from MEAN; and WHEREAS, The City acknowledges that certain of the generating facilities used by MEAN to provide electricity to the City have been financed with tax- exempt bonds and the use of the electric output of such generating facilities is restricted by federal tax regulations. In order to permit MEAN to comply with such federal tax regulations, the City agrees to use all of the electricity delivered to it by MEAN solely to serve customers in its long-term service area pursuant to generally applicable and uniformly applied rates and charges. “Long-term service 362 area” means any area that the City has provided electric service to for at least ten years. Any other use, resale or remarketing of the electricity delivered by MEAN to the City must be approved in writing by MEAN; and WHEREAS, the Amendment Number 1 to Fourth Revised Supplemental Agreement (“Amendment No. 1) will amend the existing Fourth Revised Supplemental Agreement between Aspen and MEAN, which recognizes existing local generation and allows the Aspen to maintain existing agreements and continue its beneficial use of its existing hydroelectric facilities; and; and WHEREAS, to participate in the program, the City Council for the City of Aspen must accept and approve the aforementioned Amended Service Schedule M Agreement and Amendment No. 1, attached hereto as Exhibit A and Exhibit B; and WHEREAS, execution of the Amended Service Schedule M Agreement and Amendment No. 1 (collectively “the Agreements”) will continue to ensure the City will have a long-term, cost effective power supply, and accomplish its goal of providing 100% renewable electric energy to its electric utility customers; and WHEREAS, approval and adoption of the Agreements serves the public interest and the interest of the City Electric Utility customers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, The City Council of the City of Aspen hereby approves the Amended Service Schedule M Agreement and Amendment No. 1, attached hereto as Exhibits A and B, 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 12th day of March, 2024. 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, March 12th, 2024. 363 Nicole Henning, City Clerk 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Evan Pletcher, Capital Asset Project Manager THROUGH: John Sobieralski, IT Director MEMO DATE: February 28, 2024 MEETING DATE: March 12, 2024 RE: IT Data Center Cooling Project Change Order #002 – North Peak Inc., Resolution #037 (Series of 2024) _____________ ____ REQUEST OF COUNCIL: Staff request that City Council approve Change Order #002 for the IT Data Center Cooling Project. Specifically, Staff requests approval of Resolution #037 (Series of 2024), a change order for construction with North Peak, Inc. for the IT Data Center Cooling Project. SUMMARY AND BACKGROUND: To proceed with the plan to operate several more pieces of critical infrastructure in the IT Data Center at City Hall, a robust cooling system with redundant cooling infrastructure is required. The original system that was installed during City Hall’s construction utilized the natural stream water running under the parking garage to provide passive cooling to the equipment. While this system provides a green alternative to traditional cooling methods, it will not meet the future needs of the IT data center buildout. Consequentially, a new system was designed that utilized traditional condensing units and specialized server rack cooling equipment for the space. This design was included in the General Contractor Invitation to Bid packet for the project. Staff received a bid on the project from North Peak Inc. that was approved by Council as Resolution #115, 2023 on August 22, 2023. After being awarded the job, North Peak’s mechanical subcontractors, Climate Control Solutions and Critical Facilities Technology, performed an in-depth review of the engineered cooling system design. It was determined that the specified condensing units could not circulate coolant the required distance from their location in the basement of the parking garage to the Data Center. The team explored multiple alternative equipment 423 options and condensing unit locations but could not find any viable solutions for this style of cooling system. As a result, the team worked together to redesign the system. A fluid (glycol) cooling system was determined to be the only option that could meet the cooling requirements of the Data Center given the constraints. This system utilizes large amounts of chilled glycol that is pumped through a closed loop system to provide cooling to the center. Unfortunately, the equipment needed for this system is more expensive and its installation is significantly more involved than the refrigerant condensing system that was presented in the bid documents. Staff therefore require Council’s approval for the project to proceed. DISCUSSION: The City Hall Data Center contains critical infrastructure for government operations. Once the new system is in place, the new data center will run the necessary networking and server equipment that supports all city technology and will replace most of the production functions that are currently run out of the Armory Data Center. With a major renovation on the horizon for the Armory and aging equipment in that facility, it is critical that IT begin to transfer operations to City Hall. FINANCIAL IMPACTS: The data center cooling system project was originally budgeted at $350,000. Recognizing that the original bid came in higher than the project budget, staff received Council’s consent to repurpose $175,000 of the larger $750,000 data center relocation project (moving the data center from the Armory to new City Hall) to complete the IT Data Center Cooling Project. To fund Change Order #002, Staff request that City Council allow for an additional $210,000 from the Armory data center relocation project be utilized for the IT Data Center Cooling Project. These two projects are closely tied together, and the Armory move cannot happen without the City Hall data center cooling project being completed. Staff feel that the collective appropriation for the two projects can still cover the combined needs of both efforts. Staff was able to realize significant cost savings through IT’s partnership with the electric utility trenching and conduit project occurring in 2024. North Peak Inc. Contract Details: • Current Contract Value: $479,067 • Change Order #002: $188,407 • New Contract Value: $667,473 424 Funding Sources: • Existing project funds from the IT Fund, Project 51670 – City Hall Server Room Cooling System: $350,000 • Redirected appropriation authority from the IT Fund, Project 51649 – Data Center Move from Armory to New City Hall: $210,000, (includes appropriation for 10% contingency) ENVIRONMENTAL IMPACTS: The IT Data Center Cooling Project will require more electricity to operate than the previous ground water cooling system consumed. However, the infrastructure contained within the IT Data Center is vital to communications throughout the City and requires the cooling capabilities that the new system will provide. ALTERNATIVES: The project team has explored alternate solutions that will meet project specifications and work within the site constraints in depth. Staff feel the solution proposed in this change order is the best solution for the required data center cooling needs. RECOMMENDATIONS: Staff recommends approval of Resolution #037 (Series of 2024) to complete the IT Data Center Cooling Project. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit I: Resolution #037, Series of 2024 Exhibit II: Change Order #002 - North Peak Inc. 425 RESOLUTION #037 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CHANGE ORDER BETWEEN THE CITY OF ASPEN AND NORTH PEAK 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 change order for the IT Data Center Cooling Project, between the City of Aspen and North Peak Inc., 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 change order for $188,406.61 between the City of Aspen and North Peak 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 12th day of March 2024. 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, March 12, 2024. Nicole Henning, City Clerk 426 Change Order Form Revision 12/08/2021 Page 1 of 2 Change Order Form General Information Vendor North Peak Inc. Change Order Number 002 Date of Issuance 2/12/2024 Project Name IT Data Center Co ing Project Project Number Project Completion Date 12/31/2024 Project Manager Evan Pletcher COA Account Code 510-118-81200-XXXXX-51670 Project Information Description Of Service The City Hall server Room Cooling System project involves adding dedicated cooling to the data center via the addition of condensing units in the parking garage that run cooling equipment in the data center. North Peak Inc. is our general contractor overseeing and managing the completion of this project. Description Of Change Order The project team determined that the original engineered design to provide cooling to the Data center was not a viable solution due to constraints with condenser locations for the equipment. The team went back to the drawing board and worked together to design a new cooling system that fulfilled the key goals of the project and worked with available location for the condensers. Unfortunately, this system has proved to be more expensive to install that the previous system hence this change order. Contract Information Original Contract Amount $479,066.69 Previous Change Order(s) $0 Change Order Amount (If Over 50k Change Order To Be Presented To Council For Approval) $188,406.61 427 Change Order Form Revision 12/08/2021 Page 2 of 2 Final Contract Amount (Including All Change Orders) $667,473.30 Revised Completion Date 12/31/2024 Signature 1. Contractor (Required) 2. Project Manager (Required) 3. Department Head (Required) 4. Procurement Officer (Required) 5. City Attorney (Required Based On Value Of Thresholds) 6. City Manager (Required Based On Value Of Thresholds) Original contract, if applicable all other change orders, and vendor quote for requested change order must be attached to this document. For additional information: See Procurement Policy “Change Orders And Add Services Request” (page 30). 428 North Peak Construction Aspen IT Project CHANGE ORDER PROPOSAL Change Order Bulletin No: Change Order Proposal No. 1 Date 2/12/2024 Description of Work: (enter into text box)Date 2/12/2024 Scope Change Contractor North Peak Inc. Institution or Agency Aspen IT Project 01-23-038 Project No./Name (Before completing this form, read instructions on reverse side.) PART I - WORK PERFORMED BY CONTRACTOR Line 1.$ 3,600.00 Line 2.Labor Overhead (Direct Labor Burdens) ( 10%x Line 1)$ 360.00 Line 3. Total Contractor's Labor Costs (Lines 1 and 2)$ 3,960.00 Line 4. Direct Materials Costs $ 250.00 Line 5.Materials Overhead (Delivery Costs & Taxes)( 5% x Line 4) $ 12.50 Line 6. Total Materials Costs (Lines 4 and 5)$ 262.50 Line 7. Total Equipment Costs $ Line 8. PART I - TOTAL CONTRACTOR'S L, M & E COSTS (Lines 3, 6 and 7)Part I $ 4,222.50 PART II - WORK PERFORMED BY SUBCONTRACTOR Line 9.$ 0.00 Line 10.Labor Overhead (Direct Labor Burdens) ( 0% x Line 9) $ 0.00 Line 11. Total Subcontractor's Labor Costs (Lines 9 and 10)$ 0.00 Line 12. Direct Materials Costs 0.00 Line 13.Materials Overhead (Delivery Costs & Taxes)( 0% x Line 12) $ 0.00 Line 14. Total Subcontractor's Materials Costs (Lines 12 and 13)$ 0.00 Line 15.Total Subcontractor's Equipment Costs $ 0.00 Line 16. Total Subcontractor's L, M & E Costs (Line 11, 14 and 15)$ 0.00 Line 17.Subcontractor's Overhead (Indirect Costs)( 10.0% x Line 16) $ 0.00 Line 18.Subcontractor's Profit (on line 16)0% Addition or Deduct $ 0.00 Line 19. PART II - TOTAL SUBCONTRACTOR'S COSTS (Lines 16, 17 and 18)See CC Change Order Part II $ 169,583.96 PART III - CONTRACTOR'S OVERHEAD & PROFIT Line 20.Contractor's Overhead (Indirect Costs)( 10.0% x Part I Total) $ 422.25 Line 21. Contractor's Profit ( 5.0% x Part I Total) $ 211.13 Line 22. PART III - TOTAL CONTRACTOR OVERHEAD & PROFIT (Lines 20 and 21)Part III $633.38 PART IV - CONTRACTOR'S MARKUP ON SUBCONTRACTOR Line 23. Contractor's Commission on Subcontractor ( 5.0% x Part II Total) $ 8,479.20 Line 24.Contractor's Profit (on Line 19)5 Addition or Deduct $ 0.00 Line 25. PART IV - TOTAL CONTRACTOR MARKUP ON SUBCONTRACTOR (Lines 23 and 24)Part IV $ 8,479.20 PART V - SUBTOTAL C.O. PROPOSAL (Parts I and II and III and IV)Part V (Subtotal $ 182,919.04 PART VI - CONTRACTOR'S BOND COST ( 3% x Part V Total)Part VI $ 5,487.57 PART VII - GRAND TOTAL CHANGE ORDER PROPOSAL (Sum of Totals: Parts V and VI)Grand Total $188,406.61 PART VIII -CONTRACT TIME (CALENDAR DAYS CHANGED)X EXTENDED NO CHANGE REDUCED 0 CONTRACTOR'S CERTIFICATE: This is to certify that, to the best of my knowledge and belief, the This is to certify that I have analyzed the proposal and find, to the best of my cost/price data submitted in response to the listed C.O. Bulletin,knowledge and belief, that the proposal represents current, fair, factual and are accurate, complete and current as of ____________2/23/2024 competitive cost/price data. Firm: North Peak Inc.Firm: NA Name & title Jeremy Haptonstall Director of Operations Name & title:NA Signature: Signature: NA *Date:2/23/2024 Date: NA * The proposal shall remain in full force and effect for a period of ______ calendar days from date of signature. City of Aspen Owners Rep (or Authorized Delegate) Date: Direct Labor Costs Direct Labor Costs (enter information ONLY in YELLOWED cells) 1 THE TIME OF COMPLETION MAY CHANGE BY THE CALENDAR DAYS INDICATED (ABOVE) FROM THE TOTAL NUMBER OF DAYS LISTED IN THE CONTRACTOR'S AGREEMENT TO COMPLETE THE ENTIRE PROJECT. State Form SC-6.312 (Rev. 7/2015) 2/23/2024 remy Haptonstall Director of Operations 429 Change Order Form Revision 12/08/2021 Page 1 of 2 Change Order Form General Information Vendor North Peak Inc. Change Order Number Date of Issuance 12/18/2023 Project Name IT Data Center Colling Project Project Number Project Completion Date Project Manager Evan Pletcher COA Account Code 510-118-81200-XXXXX-51670 Project Information Description Of Service The City Hall server Room Cooling System project involves adding dedicated cooling to the data center via the addition of condensing units in the parking garage that run cooling equipment in the data center. North Peak Inc. is our general contractor overseeing and managing completion of this project. Description Of Change Order Due to long lead times and an ongoing discussion over equipment specifications that will work for the Data Center, project completion has been delayed. This change order serves to extend the contract termination date one year to 12/31/2024. Contract Information Original Contract Amount $479,066.69 Previous Change Order(s) $0 430 Change Order Form Revision 12/08/2021 Page 2 of 2 Change Order Amount (If Over 50k Change Order To Be Presented To Council For Approval) $0 Final Contract Amount (Including All Change Orders) $479,066.69 Revised Completion Date 12/31/2024 Signature 1. Contractor (Required) 2. Project Manager (Required) 3. Department Head (Required) 4. Procurement Officer (Required) 5. City Attorney (Required Based On Value Of Thresholds) 6. City Manager (Required Based On Value Of Thresholds) Original contract, if applicable all other change orders, and vendor quote for requested change order must be attached to this document. For additional information: See Procurement Policy “Change Orders And Add Services Request” (page 30). 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 Page 1 of 4 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Jen Phelan, Development Manager THROUGH:Scott Miller, Public Works Director MEETING DATE:March 12, 2024 RE:Resolution No. 39 (Series of 2024), Armory Hall Remodel and Reuse design team contract with CCY Architects. REQUEST OF COUNCIL:Staff is requesting approval of Resolution No. 39 (Series of 2024)and the associated design team contract with CCY Architects for Armory Hall design services. SUMMARY AND BACKGROUND: As a critical City Council goal to “strengthen the quality of life and well-being of residents and promote commercial vitality of locally focused businesses,”staff advertised a request for proposal (RFP) for a design team to develop construction documents for the remodel of Armory Hall. The RFP builds upon past public engagement efforts, development of a market analysis, and a building program analysis of the Armory. The scope of the RFP consists of formation of a design team that can take the project from schematic design through construction documents, the inclusion of an operations study, provision of a public engagement opportunity, and entitlement of the project. As part of the larger process, an RFP has been issued for an operator of the Armoy. DISCUSSION:Staff issued the RFP on October 26, 2023, and closed the process on December 18, 2023, per the City’s procurement procedures via the Bidnet Direct website. Bidnet Direct allows vendors to receive notification of public bid opportunities. Additionally, the city advertised in the Denver Post and sent a courtesy email notification to select architects with food hall design experience. With the closure of the bid window, the city received sixteen bids. Almost all the proposals had a Colorado or Roaring Fork Valley connection and were well thought out. A review committee included staff from Asset, Engineering, Parks and Community Development. In- person interviews were held with four design teams. The committee’s recommended vendor is CCY Architects, a valley firm.Members supported this vendor for a variety of reasons including their detailed Figure 1: Courtesy of The Aspen Historical Society 465 Page 2 of 4 proposal, the firm’s experience with commercial, restaurant, lodging and historic projects, experience of the subconsultant team, and their understanding of the regulatory environment of Aspen. The proposal includes five parts starting with enhanced schematic design with the final product being construction documents. A breakdown of costs and high-level timeline for each part of the proposal is shown below in Table 1: Table 1: Contract Phases, Estimated Time, and Cost Contract Phase Timeline Amount Part 1 Enhanced Schematic Design 20 weeks $663,575.00 Part 2 Land Use Application and Review Process 7 weeks - nonconsecutive $244,842.00 Part 3 Design Development 14 weeks $635,610.00 Part 4 Approval Documents and Recordation Support 4 weeks $81,542.00 Part 5 Constructions Documents 16 weeks $646,941.00 Subtotal, Parts 1-5 $2,272,510.00 Estimated Reimbursables/Administration, Parts 1-5 N/A $178,986.00 Total, Parts 6-8 $2,451,496.00 Part 6 Support for the Building Permit Application Process N/A Future add services Part 7 Construction Administration Part 8 Closeout and Warranty Reimbursables, Part 6-8 The costs associated with the consultant fees are estimated as a top set number and without any major changes to the project after critical path decisions are made, should not exceeded. The estimated completion month and a summary of the different project phases are included below. Part 1: Enhanced Schematic Design. Completion estimated August 2024. This phase will include initial information gathering and analysis by the design team, followed by a programming/sustainability/operations goal setting work session to establish priorities for the building and project. Afterwards, a 3-day charrette addressing the vision and overall programming for the building will be undertaken, resulting in two design concepts that will be further developed and presented at a public engagement event and to the City Council. Concurrently, the operational study willbe developed. After further revision, a finalized schematic design concept will be presented to council for approval. Part 2: Land Use Review. Completion estimated February 2025. Once schematic design is complete, a land use application will be submitted to gain entitlements for the proposed building renovation and programming. Completion time will be dependent on the duration of the City’s review process. Part 3 and 5 can commence without a completed land use review but there is some risk of previously completed work needing to be re-done. Part 4 cannot commence until Part 2 is complete. 466 Page 3 of 4 Part 3: Design Development. Occurring concurrently with the Land Use Review, this phase of the project is estimated to be complete by December 2024. It includes pricing by a construction manager/general contractor of the schematic design, a progress work session with City Council and issuance of 100% Design Development drawings. Part 4: Approval Documents. Completion estimated by April 2025. Once entitlements are approved, documentation of the approvals are finalized and provided to Community Development via a land use application for approval. When approved, the documents can be recorded, memorializing the entitlements and allowing for the submission of a building permit application. Part 5: Construction Documents.Estimated to be finalized April2025, the construction document phase builds upon the Design Development drawings with the development of a construction drawing package that can be submitted as part of a building permit application. This timeline is aggressive and is dependent on both the design team and client being streamlined in decision making and with the work schedule as well as the assumption of having efficient city review processes. FINANCIAL IMPACTS: The total budget appropriated for this project (2023/2024) is $1,020,000.00. Approximately $68,000.00 has been spent, leaving $952,000.00 available in 2024. Approximately $1.5 million is needed to meet the contract cost. Additional funding beyond this contract value will be needed in 2024 to accommodate additional expenditures including a geotechnical study, contracting a construction manager/ general contractor for cost estimating, advertising needs, and other associated project expenses. To support these tasks, staff recommends the allocation of an additional 15% above the contract amount ($367,724.00)to cover additional costs. Overall, a total supplement(after the application of the $952,000 already appropriated)of$1,867,220is needed to continue to move this project forward. If Council affirms the request, the funds will come from the AMP fund balance via an appropriation in the 2024 Spring Supplemental. ENVIRONMENTAL IMPACTS: The design team includes professionals versed in green building. This building is anticipated to be designed to enhance energy and resource efficiency, which is an objective of the Climate Action Plan and aligns with Council’s carbon goal, while balancing the requirements of the Historic Preservation Commission when remodeling a historic resource. RECOMMENDATION: Based on the robust expertise offered by the design team and the priority of remodeling and reusing Armory Hall, Staff recommends approval of the contract between CCY Architects and the city as well the request for additional dollars for the project. CITY MANAGER COMMENTS:__________________________________________________________________________ ______________________________ _____________________________________________________________________________________ _____________________________________________________________________ EXHIBITS: 467 Page 4 of 4 Attachment A: CCY contract with exhibits 468 Resolution 039-2024 Armory Hall Remodel and Reuse project, architecture contract Page 1 of 1 RESOLUTION NO. 039 SERIES OF 2024 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A CONTRACT FOR ARMORY HALL, 130 S. GALENA, BETWEEN THE CITY OF ASPEN AND CCY ARCHITECTS, 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 an agreement between the City Council (the “Owner”) and CCY Architects. (the “Architect”), a true and accurate copy of which is attached hereto as “Exhibit A”, and, WHERAS, City Council considered and approved the agreement at a regular council meeting on March 12, 2024; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: That the City Council of the City of Aspen hereby approves the agreement between Owner and Architect, 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 12th day of March 2024. ______________________________________ Torre, Mayor ATTEST:APPROVED AS TO FORM: _______________________________________________ Nicole Henning,City Clerk James R True, City Attorney 469 Document B132™ – 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A132™–2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232™–2019 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the 5th day of March in the year 2024 (In words, indicate day, month, and year.) BETWEEN the Architect’s client identified as the Owner: (Name, legal status, address, and other information) City of Aspen c/o Capital Asset Department 427 Rio Grande Place Aspen, CO 81611 and the Architect: (Name, legal status, address, and other information) CCY Architects PO Box 529 Basalt, CO 81621 for the following Project: (Name, location, and detailed description) Armory Hall Remodel and Reuse project, 130 S. Galena Street, Aspen, CO, as described in Exhibit C, City of Aspen Request for Proposals: Project 2023-404, Aspen Armory Hall Remodel and Reuse. The Construction Manager: (Name, legal status, address, and other information) TBD The Owner and Architect agree as follows. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 470778 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable," or "unknown at time of execution".) § 1.1.1 The Owner’s program for the Project: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) The City of Aspen (owner) will pursue a collaborative project with the Architect. CMa is anticipated to be added during Part 1 Services based on the attached exhibits. The program and associated fees are outlined in Exhibit A, CCY Architects proposal dated December 18, 2023; Exhibit B, CCY Architects Fee Schedule-FINAL; Exhibit C, City of Aspen Request for Proposals: Project 2023-404, Aspen Armory Hall Remodel and Reuse § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) The City of Aspen proposes to develop a mixed-use project within Armory Hall, a building that formerly housed city hall. The 131 year-old building, located at 130 S. Galena, is approximately 19,000 square feet in size and sits at the corner of South Galena Street and East Hopkins Avenue. The subject building site is a 9,000 sq. ft. lot described as Lots K, L and M, Block 93, City and Townsite of Aspen § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) $22,000,000.00 DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 471779 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 3 § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: Project schedule as anticipated in Exhibit A, CCY Architects proposal dated December 18, 2023, recognizing that the commence and conclude dates shall be recalculated to reflect a start date that will begin immediately after city council approval of this contract. .2 Construction commencement date: 2026 .3 Substantial Completion date or dates: TBD .4 Other milestone dates: n/a § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid or negotiated contract.) Request for proposals § 1.1.6 The Owner’s requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction are set forth below: (Identify any requirements for fast-track scheduling or phased construction and, if applicable, list number and type of bid/procurement packages.) n/a § 1.1.7 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) § 1.1.7.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E235-2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E235-2019 is incorporated into this Agreement, the Owner and Architect shall incorporate the completed E235-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information.) CMa is TBD until later in the process, assumption is during Phase 1: Enhanced Schematic Design § 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s submittals to the Owner are as follows: (List name, address, and other contact information.) DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 472780 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 4 Jennifer Phelan, Development Manager, City of Aspen, 970-319-9949, jwphelan@aspen.gov § 1.1.10 The Owner shall retain the following consultants and Contractors: (List name, legal status, address, and other contact information.) .1 Construction Manager: (The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1.) TBD .2 Land Surveyor: Sopris Engineering .3 Geotechnical Engineer: TBD .4 (Paragraphs deleted) Other consultants and Contractors: (List any other consultants and Contractors retained by the Owner.) n/a § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information.) Todd Kennedy, AIA Principal, CCY Architects tkennedy@ccyarchitects.com § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: KL&A Engineers & Builders Dan Doherty, PE Principal and Senior Project Manager ddoherty@klaa.com DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 473781 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 5 .2 Mechanical, Electrical, Plumbing (MEP) Engineer: Resource Engineering Group August Hasz, PE President and Principal hasz@reginc.com .3 Technology Services: BG Buildingworks Jeremy Brandt jdbrandt@bgbuildingworks.com .4 Lighting Design: LS Group Elise Streeb, IALD, LEED AP Principal and Partner elise@ls.lighting .5 Historic Rehabilitation: The Collaborative Incorporated John Feinberg John@thecollaborativeinc.net .6 Community Engagement, Site Planning, Land Use Preparation, Landscape Architecture: Design Workshop Jessica Garrow Principal Planner and Community Engagement Specialist jgarrow@designworkshop.com .7 Development and Operational Consulting: Meriwether | Immersed Doug Winter VP of Operations dwinter@meriwetherco.com Garrett Simon Partner gsimon@meriwetherco.com DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 474782 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 6 .8 Restaurant Planning Consulting & Food Service Design: Ricca Design Studio Jeremy Kittelson Principal jkittleson@ricca.com .9 All Electric Food Service Operation and Facility Design Support: Frontier Energy Todd Bell Senior Project Manager tbell@frontierenergy.com .10 Sustainability and Energy Modeling Consulting: Group 14 Engineering Laura Charlier Sustainability Director lcharlier@group14eng.com .11 Civil Engineering: Roaring Fork Engineering Richard Goulding, PE Principal richard@rfeng.biz § 1.1.12.2 Consultants retained under Supplemental Services: § 1.1.13 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 475783 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 7 sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 1.4 The term "Contractors" refers to persons or entities who perform Work under contracts with the Owner that are administered by the Architect and Construction Manager. The term "Contractors" is used to refer to such persons or entities, whether singular or plural. The term does not include the Owner’s own forces, or Separate Contractors, which are persons or entities who perform construction under separate contracts with the Owner not administered by the Architect and Construction Manager. ARTICLE 2 ARCHITECT’S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.6 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. The Architect’s liability shall be limited to the policy limits identified in §§ 2.6.1. – 2.6.6. § 2.6.1 Commercial General Liability with policy limits of Two Million Dollars ($ 2,000,000.00 ) for each occurrence and Three Million Dollars ($ 3,000,000.00 ) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of One Million Dollars ($ 1,000,000.00 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.6.4 Workers’ Compensation at statutory limits. § 2.6.5 Employers’ Liability with policy limits of One Million Dollars ($ 1,000,000.00 ) each accident, One Million Dollars ($ 1,000,000.00 ) each employee, and One Million Dollars ($ 1,000,000.00 ) policy limit. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 476784 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 8 § 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of One Million Dollars ($ 1,000,000.00 ) per claim and Two Million Dollars ($ 2,000,000.00 ) in the aggregate. § 2.6.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. § 2.6.9 The Architect shall provide to the Owner acceptable certificates of insurance evidencing compliance with the requirements in this Section 2.6 prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. Owner shall receive written notice at least 30 days prior to nonrenewal or cancellation of policies required by this Section 2.6, or 10 days prior notice due to nonpayment of premium. An additional certificate evidencing continuation of professional liability coverage shall be submitted with the final Application for Payment. Information concerning reduction of coverage on account of claims paid under the policy shall be furnished by the Architect with reasonable promptness. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. § 2.6.10 Governmental Immunity: The parties hereto understand and agree that Owner 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 $1,093,000 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 Owner, its officers, or its employees. § 2.6.11 Owner’s Insurance: The parties hereto understand that the Owner is a member of the Colorado Intergovern- mental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business hours. Owner makes no representations whatsoever with respect to specific coverages offered by CIRSA. Owner shall provide reasonable notice of any changes in its membership or participation in CIRSA. Owner shall require the Construction Manager and General Contractor to include Architect as an Additional Insured on their general liability insurance for its liability arising out of the Construction Manager’s and/or General Contractor’s ongoing and completed operations related to the Project using blanket forms ISO CG 20 38 12 19 (ongoing operations) and ISO CG 20 40 12 19 (completed operations). § 2.6.12 Deductible: The Architect shall pay any amounts not covered under Architect’s policies because of a deductible on the insurance policies provided by the Architect. ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. The initial contract includes services as described herein and in referenced exhibits: Exhibit A, CCY Architects proposal dated December 18, 2023; Exhibit B, CCY Architects Fee Schedule; Exhibit C, City of Aspen Request for Proposals project 2023-404: Aspen Armory Hall Remodel and Reuse. The initial contract includes: Part 1: Conceptual/Schematic Design Part 2: Support for the Land Use Application and review process Part 3: Design Development Part 4: Approval Documents-recordation support Part 5: Construction Documents Additional portions of work may be added as the project moves forward, by amendment: Part 6: Support for the Building Permit Application Process Part 7: Construction Administration DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 477785 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 9 Part 8: Project Closeout and Warranty Support § 3.1.1 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager, and the Owner’s other consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner, the Construction Manager, and the Owner’s other consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency, in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit, for the Construction Manager’s review and the Owner’s approval, a schedule for the performance of the Architect’s services. The schedule shall include design phase milestone dates, as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. This schedule shall include allowances for periods of time required for the Owner’s review, for the Construction Manager’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect’s services. The Architect shall review and approve, or take other appropriate action upon, the portion of the Project schedule relating to the performance of the Architect’s services. § 3.1.5 The Architect shall not be responsible for an Owner’s or Construction Manager’s directive or substitution, or for the Owner’s acceptance of non-conforming Work, made or given without the Architect’s written approval. § 3.1.6 The Architect shall, in coordination with the Construction Manager, contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.9 The Architect, if requested by the Owner, shall assist the Owner in interviewing and selecting the Construction Manager. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner and/or Construction Manager, and shall review laws, codes, and regulations applicable to the Architect’s services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and/or Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner and Construction Manager regarding the requirements of the Project. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 478786 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 10 § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, to the Owner and/or Construction Manager, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Construction Manager’s review and Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider with the Owner and/or the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and/or the Construction Manager. The Architect shall meet with the Owner and/or Construction Manager to review the Schematic Design Documents. § 3.2.7 Upon receipt of the Owner and/or Construction Manager’s review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner’s approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate such revisions in the Design Development Phase. § 3.2.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager’s agreement with the Owner. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Construction Manager’s review and the Owner’s approval. The Design Development Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.3.3 Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner’s approval of the Design Development Documents. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Construction Manager’s review and the Owner’s approval. The Construction DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 479787 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 11 Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.4.4 Upon receipt of the Construction Manager’s information and an estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7 and request the Owner’s approval of the Construction Documents. (Paragraph deleted) § 3.5 Procurement Phase Services – Not included in Basic Services, may be added by amendment to contract in the future. § 3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner and Construction Manager in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and (4) awarding and preparing Contracts for Construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and .4 organizing and conducting the opening of bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions, and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements, and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner and Construction Manager in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective Contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective Contractors; .3 preparing responses to questions from prospective Contractors and providing clarifications and interpretations of the Proposal Documents to the prospective Contractors in the form of addenda; and .4 participating in negotiations with prospective Contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 480788 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 12 § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions, consult with the Construction Manager, and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services - Not included in Basic Services, may be added by amendment to contract in the future. § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232–2019, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractors’ failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for acts or omissions of the Construction Manager, or acts or omissions of the Contractors or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2, and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner and the Construction Manager (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection. Whenever the Architect considers it necessary or advisable, the Architect, upon written authorization from the Owner and notification to the Construction Manager, shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractors, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of the Construction Manager, Owner, or Contractors through the Construction Manager. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by the Owner and Contractors, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 481789 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 13 Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractors designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A232–2019, the Architect, with the assistance of the Construction Manager, shall render initial decisions on Claims between the Owner and Contractors as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 Not more frequently than monthly, the Architect shall review and certify an application for payment. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. .2 Where there is more than one Contractor responsible for performing different portions of the Project, the Architect shall review the Project Application and Project Certificate for Payment, with the Summary of Contractors’ Applications for Payment, that the Construction Manager has previously prepared, reviewed, and certified. The Architect shall certify the total amount due all Contractors collectively and shall issue a Project Certificate for Payment in the total of such amounts. § 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractors are entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate each Contractor’s right to payment, or (4) ascertained how or for what purpose that Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.4 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager’s Project submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals transmitted by the Construction Manager shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractors’ submittals such as Shop Drawings, Product Data and Samples, that the Construction Manager has reviewed, recommended for approval, and transmitted to the Architect. The Architect’s review of the submittals shall only be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractors’ responsibilities. The Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 482790 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 14 § 3.6.4.3 If the Contract Documents specifically require the Contractors to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractors’ design professionals, provided the submittals bear such professionals’ seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 After receipt of the Construction Manager’s recommendations, and subject to the provisions of Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect, in consultation with the Construction Manager, shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect shall review and sign, or take other appropriate action, on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner’s approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be effected by written order issued by the Architect through the Construction Manager. § 3.6.5.3 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect, assisted by the Construction Manager, shall: .1 conduct inspections to determine the date of Substantial Completion and the date of final completion; .2 issue a Certificate of Substantial Completion prepared by the Construction Manager; .3 review written warranties and related documents required by the Contract Documents and received from the Contractors, through the Construction Manager; and .4 after receipt of a final Contractor’s Application and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager, issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect’s knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect’s inspections shall be conducted with the Owner and Construction Manager to (1) check conformance of the Work with the requirements of the Contract Documents and (2) verify the accuracy and completeness of the lists submitted by the Construction Manager and Contractors of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid each of the Contractors, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractors, through the Construction Manager: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 483791 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 15 making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractors under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner and Construction Manager to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services – Architect is providing services described in CCY proposal, exhibit A. Services not described in proposal may be provided as an additional service. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) § 4.2 Architect’s Additional Services The Architect may provide Additional Services after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in the Project including size, quality, complexity, building systems, the Owner’s schedule or budget for Cost of the Work, constructability considerations, procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; .3 Services necessitated by enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner, Construction Manager or the Owner’s other consultants or contractors; .6 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for, and attendance at, a public presentation, meeting or hearing with the exception of those described in CCY’s proposal, Exhibit A.; .9 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 484792 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 16 .10 Evaluation of the qualifications of entities providing bids or proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .12 Assistance to the Initial Decision Maker, if other than the Architect. .13 Requested revisions to the design and/or drawings to comply with the Owner’s budget that are material changes to work completed and approved in the previous phases of work. § 4.2.2 If construction phase services as described in Section 3.6 are added to basic service through written amendment of this agreement to avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner’s determination. The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice: .1 Reviewing a Contractor’s submittal out of sequence from the Project submittal schedule approved by the Architect; .2 Responding to the Contractors’ requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractors from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of Contractors’ proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or .5 Evaluating substitutions proposed by the Owner, Construction Manager or Contractors and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractors .2 twenty ( 20 ) visits to the site by the Architect during construction .3 two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 one ( 1 ) inspections for any portion of the Work to determine final completion TBD upon addition of construction phase services by written amendment. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work, or (2) the anticipated date of Substantial Completion identified in the Initial Information, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. (Paragraph deleted) § 4.2.5 If the services covered by this agreement have not been completed within eighteen (18) months of the date of this agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. Scope added through written amendment shall reset this time frame for the added scope to the date of the amendment. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services, duties and responsibilities as described in AIA Document C132–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Owner shall provide the Architect with a copy of the scope of services in the agreement executed between the DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 485793 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 17 Owner and the Construction Manager, and any subsequent modifications to the Construction Manager’s scope of services in the agreement. § 5.3 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect and the Construction Manager. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Contractors to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.6 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.7 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1. § 5.8 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. § 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.10 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.11 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 486794 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 18 § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.13 The Owner shall communicate with the Contractors and the Construction Manager’s consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner and Construction Manager shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. § 5.14 Before executing the Contracts for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contracts for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contractors to provide the Architect access to the Work wherever it is in preparation or progress. § 5.16 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. § 5.17 The Owner shall provide the Architect with "As-Built Drawings" and BIM models completed as part of previously completed work on the property under a separate contract(s) with a previous Architect(s). The Architect can rely on the accuracy of the information provided but will verify existing conditions as necessary within their Basic Services. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 487795 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 19 § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation provided the requested changes are not materially changing the scope of previously completed and approved work, shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. Revisions to the drawings that are material changes to the scope of previously completed and approved work shall be compensated as an additional service. The Architect’s revisions in the Construction Documents Phase shall be the limit of the Architect’s responsibility under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner’s budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractors, Construction Manager, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and Separate Contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 488796 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 20 § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232–2019, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, consultants, agents and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The extent of the Architect’s obligation to indemnify or hold harmless the Owner may be determined only after the Architect’s liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the Architect and the Owner or any indemnity obligee. The Architect’s obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless does not include a duty to defend. The Architect’s duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the Architect’s insurance coverage required by this Agreement. Architect’s duty to indemnify Owner is limited to the same extent Owner’s liability is limited under the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., § 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 489797 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 21 § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ]Arbitration pursuant to Section 8.3 of this Agreement [ X ]Litigation in a court of competent jurisdiction [ ]Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common issues of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 490798 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 22 § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or if the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner suspends work or terminates this Agreement for its convenience with less than 28 days written notice, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination/Suspension Fee: $25,000 .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: n/a § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 491799 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 23 § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, except for purposes of this Agreement, the term "Work" shall include the work of all Contractors under the administration of the Architect and Construction Manager. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, and including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: Part 1: Enhanced Schematic Design. Hourly billing, not to exceed $663,575.00 Part 2: Support for the Land Use Application and review process. Hourly billing, not to exceed $244,842.00 DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 492800 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 24 Part 3: Design Development. Hourly billing or lump sum per proposal details, not to exceed $635,610.00 Part 4: Approval Documents-recordation support. Hourly billing or lump sum per proposal details, not to exceed $81,542.00 Part 5: Construction Documents. Hourly billing or lump sum per proposal details, not to exceed $646,941.00 *Mark-up on reimbursable expenses and consultant expenses are estimated at $178,986.00 The above referenced fees are further described in attached Exhibit A, CCY Architects proposal dated December 18, 2023 and Exhibit B, CCY Architects Fee Schedule-FINAL The above referenced fees for Part 1 -Part 5 do not include a 7.5% mark up on the Architect’s consultants’ invoices and a 10% mark-up on estimated reimbursables as described in attached Exhibit B, CCY Architects Fee Schedule -FINAL. The Architects invoice amounts shall not be marked up. In the event that there is a conflict between fees outlined in Exhibit A and B, Exhibit B shall control. (Paragraphs deleted) If the services covered by this agreement have not been completed within 50% of the durations provided in the Architect’s proposal, Exhibit A, through no fault of the Architect’s, the estimated top sets described above shall be adjusted to reflect the Architect’s and their team’s annual adjustments to their hourly rate schedules provided in CCY Architects Fee Schedule, Exhibit B- FINAL. § 11.2 For the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Additional services may be added by written amendment § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) Additional services may be added by written amendment § 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus seven and one half percent ( 7.5 %), or as follows: (Insert amount of, or basis for computing, Architect’s consultants’ compensation for Supplemental or Additional Services.) § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Refer to Exhibit A, CCY Architects proposal dated December 18, 2023 and Exhibit B, CCY Architects Fee Schedule-FINAL DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 493801 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 25 The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Refer to Exhibit A, CCY Architects proposal dated December 18, 2023 and Exhibit B, CCY Architects Fee Schedule - FINAL Employee or Category Rate ($0.00) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Printing, reproductions, plots, and standard form documents; .4 Postage, handling, and delivery; .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect’s consultants; .8 All taxes levied on professional services and on reimbursable expenses; .9 Site office expenses; .10 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and .11 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus ten percent ( 10 %) of the expenses incurred. § 11.9 Architect’s Insurance If the types and limits of coverage required in Section 2.6 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.6, and for which the Owner shall reimburse the Architect.) DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 494802 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 26 § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of Fifty Thousand ($ 50,000 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of ($ ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect’s payments to the Certifying Authority shall be credited to the Owner’s account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) eighteen % 18% § 11.10.2.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to Contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) § 12.1 Tax-Exemption. All purchases of supplies, construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The Owner’s State of Colorado tax identification number is 98-04557. The Owner’s Federal Tax Identification Number is 84-6000563. § 12.2 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. Architect 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 Owner. No agent, employee, or servant of Architect shall be, or shall be deemed to be, the employee, agent or servant of the Owner. Owner is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Architect. None of the benefits provided by Owner to its employees including, but not limited to, workers’ compensation insurance and unemployment insurance, are available from Owner to the employees, agents or servants of Architect. Architect shall be solely and entirely responsible for its acts and for the acts of Architect’s agents, employees, servants and consultants during the performance of this contract. Architect shall indemnify Owner 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 Architect and/or Architect’s employees engaged in the performance of the services agreed to herein. § 12.3 Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: Owner: City Manager DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 495803 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 27 City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 With a copy to: James R. True, Esq. City Attorney 427 Rio Grande Place Aspen, Colorado 81611 § 12.4 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. Architect agrees to meet all of the requirements of Owner’s municipal code, Section 13-98, pertaining to non-discrimination in employment. § 12.5 Waiver. The waiver by the Owner 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 Owner. Forbearance or indulgence by the Owner in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Architect to which the same may apply and, until complete performance by Architect of said term, covenant or condition, the Owner shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. § 12.6 Execution of Agreement by Owner. 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 Owner unless duly executed in accordance with the requirements of the Owner’s municipal code by the Mayor of the City of Aspen, or a duly authorized official in his absence, following approval of City Council. § 12.7 Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. § 12.8 If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant’s violation of Subsection 8-17.5-102, C.R.S. §12.9 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. § 12.10 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. § 12.11 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. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 496804 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 28 ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B132™–2019, Standard Form Agreement Between Owner and Architect, Construction Manager as Adviser Edition .3 Exhibits: Exhibit A, CCY Architects proposal dated December 18, 2023 Exhibit B, CCY Architects Fee Schedule - FINAL (Paragraphs deleted) Exhibit C, City of Aspen Request for Proposals: Project 2023-404, Aspen Armory Hall Remodel and Reuse. This Agreement is entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) Sara Ott City Manager Todd Kennedy Principal (Printed name and title)(Printed name, title, and license number, if applicable) DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 3/5/2024 | 10:05:42 PM MST 497805 Additions and Deletions Report for AIA® Document B132™ – 2019 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:08:12 ET on 03/05/2024. Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 1 PAGE 1 AGREEMENT made as of the 5th day of March in the year 2024 … City of Aspen c/o Capital Asset Department 427 Rio Grande Place Aspen, CO 81611 … CCY Architects PO Box 529 Basalt, CO 81621 … Armory Hall Remodel and Reuse project, 130 S. Galena Street, Aspen, CO, as described in Exhibit C, City of Aspen Request for Proposals: Project 2023-404, Aspen Armory Hall Remodel and Reuse. … TBD PAGE 2 The City of Aspen (owner) will pursue a collaborative project with the Architect. CMa is anticipated to be added during Part 1 Services based on the attached exhibits. The program and associated fees are outlined in Exhibit A, CCY Architects proposal dated December 18, 2023; Exhibit B, CCY Architects Fee Schedule-FINAL; Exhibit C, City of Aspen Request for Proposals: Project 2023-404, Aspen Armory Hall Remodel and Reuse … The City of Aspen proposes to develop a mixed-use project within Armory Hall, a building that formerly housed city hall. The 131 year-old building, located at 130 S. Galena, is approximately 19,000 square feet in size and sits at the corner of South Galena Street and East Hopkins Avenue. The subject building site is a 9,000 sq. ft. lot described as Lots K, L and M, Block 93, City and Townsite of Aspen … $22,000,000.00 PAGE 3 DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 498806 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 2 Project schedule as anticipated in Exhibit A, CCY Architects proposal dated December 18, 2023, recognizing that the commence and conclude dates shall be recalculated to reflect a start date that will begin immediately after city council approval of this contract. … 2026 … TBD … n/a … Request for proposals … n/a … CMa is TBD until later in the process, assumption is during Phase 1: Enhanced Schematic Design PAGE 4 Jennifer Phelan, Development Manager, City of Aspen, 970-319-9949, jwphelan@aspen.gov … TBD … Sopris Engineering … TBD … .4 Civil Engineer: .5 Other consultants and Contractors: … DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 499807 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 3 n/a … Todd Kennedy, AIA Principal, CCY Architects tkennedy@ccyarchitects.com … KL&A Engineers & Builders … Dan Doherty, PE Principal and Senior Project Manager ddoherty@klaa.com PAGE 5 .2 Mechanical Engineer: Mechanical, Electrical, Plumbing (MEP) Engineer: Resource Engineering Group … August Hasz, PE President and Principal hasz@reginc.com … .3 Electrical Engineer:Technology Services: BG Buildingworks Jeremy Brandt jdbrandt@bgbuildingworks.com .4 Lighting Design: LS Group Elise Streeb, IALD, LEED AP Principal and Partner elise@ls.lighting .5 Historic Rehabilitation: The Collaborative Incorporated John Feinberg John@thecollaborativeinc.net DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 500808 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 4 .6 Community Engagement, Site Planning, Land Use Preparation, Landscape Architecture: Design Workshop Jessica Garrow Principal Planner and Community Engagement Specialist jgarrow@designworkshop.com .7 Development and Operational Consulting: Meriwether | Immersed Doug Winter VP of Operations dwinter@meriwetherco.com Garrett Simon Partner gsimon@meriwetherco.com .8 Restaurant Planning Consulting & Food Service Design: Ricca Design Studio Jeremy Kittelson Principal jkittleson@ricca.com .9 All Electric Food Service Operation and Facility Design Support: Frontier Energy Todd Bell Senior Project Manager tbell@frontierenergy.com .10 Sustainability and Energy Modeling Consulting: Group 14 Engineering Laura Charlier Sustainability Director lcharlier@group14eng.com .11 Civil Engineering: Roaring Fork Engineering Richard Goulding, PE Principal richard@rfeng.biz PAGE 7 § 2.6 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. The Architect’s liability shall be limited to the policy limits identified in §§ 2.6.1. – 2.6.6. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 501809 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 5 § 2.6.1 Commercial General Liability with policy limits of not less than ($ Two Million Dollars ($ 2,000,000.00 ) for each occurrence and ($ Three Million Dollars ($ 3,000,000.00 ) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than ($ One Million Dollars ($ 1,000,000.00 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. … § 2.6.5 Employers’ Liability with policy limits not less than ($ ) each accident, ($ ) each employee, and ($ of One Million Dollars ($ 1,000,000.00 ) each accident, One Million Dollars ($ 1,000,000.00 ) each employee, and One Million Dollars ($ 1,000,000.00 ) policy limit. § 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than ($ ) per claim and ($ One Million Dollars ($ 1,000,000.00 ) per claim and Two Million Dollars ($ 2,000,000.00 ) in the aggregate. PAGE 8 § 2.6.9 The Architect shall provide to the Owner acceptable certificates of insurance evidencing compliance with the requirements in this Section 2.6 prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. Owner shall receive written notice at least 30 days prior to nonrenewal or cancellation of policies required by this Section 2.6, or 10 days prior notice due to nonpayment of premium. An additional certificate evidencing continuation of professional liability coverage shall be submitted with the final Application for Payment. Information concerning reduction of coverage on account of claims paid under the policy shall be furnished by the Architect with reasonable promptness. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. § 2.6.10 Governmental Immunity: The parties hereto understand and agree that Owner 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 $1,093,000 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 Owner, its officers, or its employees. § 2.6.11 Owner’s Insurance: The parties hereto understand that the Owner is a member of the Colorado Intergovern- mental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business hours. Owner makes no representations whatsoever with respect to specific coverages offered by CIRSA. Owner shall provide reasonable notice of any changes in its membership or participation in CIRSA. Owner shall require the Construction Manager and General Contractor to include Architect as an Additional Insured on their general liability insurance for its liability arising out of the Construction Manager’s and/or General Contractor’s ongoing and completed operations related to the Project using blanket forms ISO CG 20 38 12 19 (ongoing operations) and ISO CG 20 40 12 19 (completed operations). § 2.6.12 Deductible: The Architect shall pay any amounts not covered under Architect’s policies because of a deductible on the insurance policies provided by the Architect. § 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. The initial contract includes services as described herein and in referenced exhibits: Exhibit A, CCY Architects proposal dated December 18, 2023; Exhibit B, CCY Architects Fee Schedule; Exhibit C, City of Aspen Request for Proposals project 2023-404: Aspen Armory Hall Remodel and Reuse. The initial contract includes: Part 1: Conceptual/Schematic Design Part 2: Support for the Land Use Application and review process Part 3: Design Development DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 502810 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 6 Part 4: Approval Documents-recordation support Part 5: Construction Documents Additional portions of work may be added as the project moves forward, by amendment: Part 6: Support for the Building Permit Application Process Part 7: Construction Administration Part 8: Project Closeout and Warranty Support PAGE 9 § 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.9 The Architect, if requested by the Owner, shall assist the Owner in interviewing and selecting the Construction Manager. § 3.2.1 The Architect shall review the program and other information furnished by the Owner and and/or Construction Manager, and shall review laws, codes, and regulations applicable to the Architect’s services. … § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and and/or Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner and Construction Manager regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, to the Owner and and/or Construction Manager, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components. PAGE 10 § 3.2.5.2 The Architect shall consider with the Owner and and/or the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and and/or the Construction Manager. The Architect shall meet with the Owner and/or Construction Manager to review the Schematic Design Documents. § 3.2.7 Upon receipt of the Owner and/or Construction Manager’s review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner’s approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate such revisions in the Design Development Phase. PAGE 11 § 3.4.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and the Construction Manager in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreements between the Owner and Contractors; and (3) the Conditions of the Contracts for Construction (General, Supplementary and other Conditions); and (4) a project manual that includes the Conditions of the Contracts for Construction and Specifications, and may include bidding requirements and sample forms.Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 503811 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 7 § 3.4.4 Prior to Upon receipt of the Construction Manager’s information and an estimate at the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review take action as required under Section 6.7 and request the Owner’s approval of the Construction Documents. § 3.4.5 Upon receipt of the Construction Manager’s information and an estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7, and request the Owner’s approval of the Construction Documents. § 3.5 Procurement Phase Services – Not included in Basic Services, may be added by amendment to contract in the future. PAGE 12 § 3.6 Construction Phase Services - Not included in Basic Services, may be added by amendment to contract in the future. PAGE 15 § 4.1 Supplemental Services – Architect is providing services described in CCY proposal, exhibit A. Services not described in proposal may be provided as an additional service. § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect’s Supplemental Services and the Owner’s Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Architect, Owner or Not Provided) § 4.1.1.1 Assistance with selection of Construction Manager § 4.1.1.2 Programming § 4.1.1.3 Multiple preliminary designs § 4.1.1.4 Measured drawings § 4.1.1.5 Existing facilities surveys § 4.1.1.6 Site evaluation and planning § 4.1.1.7 Building Information Model management responsibilities § 4.1.1.8 Development of Building Information Models for post construction use § 4.1.1.9 Civil engineering § 4.1.1.10 Landscape design § 4.1.1.11 Architectural interior design § 4.1.1.12 Value analysis § 4.1.1.13 Cost estimating § 4.1.1.14 On-site project representation DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 504812 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 8 § 4.1.1.15 Conformed documents for construction § 4.1.1.16 As-designed record drawings § 4.1.1.17 As-constructed record drawings § 4.1.1.18 Post-occupancy evaluation § 4.1.1.19 Facility support services § 4.1.1.20 Tenant-related services § 4.1.1.21 Architect’s coordination of the Owner’s consultants § 4.1.1.22 Telecommunications/data design § 4.1.1.23 Security evaluation and planning § 4.1.1.24 Commissioning § 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 § 4.1.1.26 Historic preservation § 4.1.1.27 Furniture, furnishings, and equipment design § 4.1.1.28 Other services provided by specialty Consultants § 4.1.1.29 Other Supplemental Services § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect’s responsibility is provided below. (Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be included as an exhibit to describe the Architect’s Supplemental Services.) § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. … .8 Preparation for, and attendance at, a public presentation, meeting or hearing;hearing with the exception of those described in CCY’s proposal, Exhibit A.; PAGE 16 .12 Assistance to the Initial Decision Maker, if other than the Architect. .13 Requested revisions to the design and/or drawings to comply with the Owner’s budget that are material changes to work completed and approved in the previous phases of work. § 4.2.2 To If construction phase services as described in Section 3.6 are added to basic service through written amendment of this agreement to avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 505813 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 9 to the need. If, upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner’s determination. The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice: … .1 two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractors .2 twenty ( 20 ) visits to the site by the Architect during construction .3 two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 one ( 1 ) inspections for any portion of the Work to determine final completion TBD upon addition of construction phase services by written amendment. … § 4.2.5 If the services covered by this Agreement have not been completed within ( ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. § 4.2.5 If the services covered by this agreement have not been completed within eighteen (18) months of the date of this agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. Scope added through written amendment shall reset this time frame for the added scope to the date of the amendment. PAGE 18 § 5.17 The Owner shall provide the Architect with "As-Built Drawings" and BIM models completed as part of previously completed work on the property under a separate contract(s) with a previous Architect(s). The Architect can rely on the accuracy of the information provided but will verify existing conditions as necessary within their Basic Services. PAGE 19 § 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation, compensation provided the requested changes are not materially changing the scope of previously completed and approved work, shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. Revisions to the drawings that are material changes to the scope of previously completed and approved work shall be compensated as an additional service. The Architect’s revisions in the Construction Documents Phase shall be the limit of the Architect’s responsibility under this Article 6. PAGE 20 § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The extent of the Architect’s obligation to indemnify or hold harmless the Owner may be determined only after the Architect’s liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the Architect and the Owner or any indemnity obligee. The Architect’s obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless does not include a duty to defend. The Architect’s duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the Architect’s insurance coverage required by this Agreement. Architect’s duty to indemnify Owner is limited to the same extent Owner’s liability is limited under the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., PAGE 21 DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 506814 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 10 [ X ]Litigation in a court of competent jurisdiction PAGE 22 § 9.7 In addition to any amounts paid under Section 9.6, if the Owner suspends work or terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, with less than 28 days written notice, the Owner shall pay to the Architect the following fees: … .1 Termination Termination/Suspension Fee: $25,000 … n/a PAGE 23 .1 Stipulated SumPart 1: Enhanced Schematic Design. Hourly billing, not to exceed $663,575.00 Part 2: Support for the Land Use Application and review process. Hourly billing, not to exceed $244,842.00 (Insert amount)Part 3: Design Development. Hourly billing or lump sum per proposal details, not to exceed $635,610.00 Part 4: Approval Documents-recordation support. Hourly billing or lump sum per proposal details, not to exceed $81,542.00 Part 5: Construction Documents. Hourly billing or lump sum per proposal details, not to exceed $646,941.00 *Mark-up on reimbursable expenses and consultant expenses are estimated at $178,986.00 .2 Percentage Basis (Insert percentage value)The above referenced fees are further described in attached Exhibit A, CCY Architects proposal dated December 18, 2023 and Exhibit B, CCY Architects Fee Schedule-FINAL ( ) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 11.6.The above referenced fees for Part 1 -Part 5 do not include a 7.5% mark up on the Architect’s consultants’ invoices and a 10% mark-up on estimated reimbursables as described in attached Exhibit B, CCY Architects Fee Schedule -FINAL. The Architects invoice amounts shall not be marked up. In the event that there is a conflict between fees outlined in Exhibit A and B, Exhibit B shall control. .3 Other (Describe the method of compensation) If the services covered by this agreement have not been completed within 50% of the durations provided in the Architect’s proposal, Exhibit A, through no fault of the Architect’s, the estimated top sets described above shall be adjusted to reflect the Architect’s and their team’s annual adjustments to their hourly rate schedules provided in CCY Architects Fee Schedule, Exhibit B- FINAL. PAGE 24 Additional services may be added by written amendment … Additional services may be added by written amendment § 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus seven and one half percent ( 7.5 %), or as follows: … DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 507815 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 11 Refer to Exhibit A, CCY Architects proposal dated December 18, 2023 and Exhibit B, CCY Architects Fee Schedule-FINAL Schematic Design Phase percent (%) Design Development Phase percent (%) Construction Documents Phase percent (%) Procurement Phase percent (%) Construction Phase percent (%) Total Basic Compensation one hundred percent (100 %) PAGE 25 Refer to Exhibit A, CCY Architects proposal dated December 18, 2023 and Exhibit B, CCY Architects Fee Schedule - FINAL … .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 .4 Postage, handling, and delivery; .6 .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect’s consultants; .9 .8 All taxes levied on professional services and on reimbursable expenses; .10 .9 Site office expenses; .11 .10 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and .12 .11 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus ten percent ( 10 %) of the expenses incurred. PAGE 26 § 11.10.1.1 An initial payment of Fifty Thousand ($ 50,000 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. … § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. … eighteen % 18% … DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 508816 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 12 § 12.1 Tax-Exemption. All purchases of supplies, construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The Owner’s State of Colorado tax identification number is 98-04557. The Owner’s Federal Tax Identification Number is 84-6000563. § 12.2 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. Architect 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 Owner. No agent, employee, or servant of Architect shall be, or shall be deemed to be, the employee, agent or servant of the Owner. Owner is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Architect. None of the benefits provided by Owner to its employees including, but not limited to, workers’ compensation insurance and unemployment insurance, are available from Owner to the employees, agents or servants of Architect. Architect shall be solely and entirely responsible for its acts and for the acts of Architect’s agents, employees, servants and consultants during the performance of this contract. Architect shall indemnify Owner 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 Architect and/or Architect’s employees engaged in the performance of the services agreed to herein. § 12.3 Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: Owner: City Manager City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 With a copy to: James R. True, Esq. City Attorney 427 Rio Grande Place Aspen, Colorado 81611 § 12.4 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. Architect agrees to meet all of the requirements of Owner’s municipal code, Section 13-98, pertaining to non-discrimination in employment. § 12.5 Waiver. The waiver by the Owner 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 Owner. Forbearance or indulgence by the Owner in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Architect to which the same may apply and, until complete performance by Architect of said term, covenant or condition, the Owner shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. § 12.6 Execution of Agreement by Owner. 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 Owner unless duly executed in accordance with the requirements of the Owner’s municipal code by the Mayor of the City of Aspen, or a duly authorized official in his absence, following approval of City Council. § 12.7 Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 509817 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 13 § 12.8 If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant’s violation of Subsection 8-17.5-102, C.R.S. §12.9 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. § 12.10 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. § 12.11 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. PAGE 28 .2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below, if completed, or the following: (Insert the date of the E203-2013 incorporated into this Agreement.) … (Check the appropriate box for any exhibits incorporated into this Agreement.) Exhibit A, CCY Architects proposal dated December 18, 2023 [ ] AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Exhibit B, CCY Architects Fee Schedule - FINAL Adviser Edition, dated as indicated below: (Insert the date of the E235-2019 incorporated into this Agreement.) [ ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2.) .4 Other documents: (List other documents, if any, forming part of the Agreement.) Exhibit C, City of Aspen Request for Proposals: Project 2023-404, Aspen Armory Hall Remodel and Reuse. … Sara Ott City Manager Todd Kennedy Principal DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 510818 AIA Document D401 – 2003. Copyright © 1992 and 2003. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, Sara G. Ott, City Manager, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 12:08:12 ET on 03/05/2024 under Order No. 4104244733 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B132™ – 2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 511819 ARMORY HALL remodel + reuse ARCHITECTURE & DESIGN SERVICES PROPOSAL PREPARED FOR CITY OF ASPEN PROJECT #2023-404 December 18, 2023 512 Aspen has defined our firm for over fifty years. We live, work, and play in the Roaring Fork Valley. We live the Aspen Idea, bringing a holistic approach into our work and our play. Intellectual, creative, and physical renewal have always been at the core of our work and studio. Founded in the Elks building in the 1970s, we know the heart of Aspen is found in those rare spots where locals and the community can come together to celebrate the day, forge new connections, and create lasting memories. We welcome the opportunity to leverage our experience to craft the next great community living room, where a new generation of locals can gather and revel in the magic of Aspen. We believe in the power of the design process to uncover opportunities beyond our first inclinations, while still bringing deep experience to the table to inform the solution. Our expertise in creating durable community gathering spots – the Nell, the Limelight, Elk Camp and the Sundeck, among many others – alongside our understanding of the care required to appropriately adapt and re-use historic buildings allow us to approach the Armory with a broad understanding of the challenges ahead. Our approach to design is honest, progressive, and explorative. The emphasis we place on our collaborative, listening-based approach allows for the integration and consideration of the community, the natural environment, and the health and wellness of the people who use and love the spaces we create. We’ve assembled a consultant team that not only deeply reflects these values and passions, but also brings significant experience on the development and operational side. The following pages reflect who we are, relevant work we’ve done, and our proposed approach to The City of Aspen’s Armory Hall. We hope you find it informative, and we look forward to continuing the conversation with you. Thank you for the opportunity. -- CCY Team TABLE OF CONTENTS 5.1.A OVERVIEW OF THE FIRM | WHO WE ARE Firm’s Financial Stability Letter 5.1.B RELEVANT TEAM EXPERIENCE | WHAT WE’VE DONE Select Awards & Publications Select Clients 5.1.C DESIGN CAPABILITIES | WHAT WE PROPOSE 5.1.D IN-HOUSE PERSONNEL DEDICATED TO THE PROJECT 5.1.E PROPOSED CONSULTANTS/ENGINEERS 5.2 PROPOSAL ELEMENTS 5.2.A Scope of Services 5.2.B Fee Worksheet 5.2.C Detailed Schedule 5.2.D Design Process Coordination / Quality Control CCY REFERENCES & CERTIFICATE OF LIABILITY INSURANCE APPENDIX 03 11 12 24 25 26 27 31 39 40 43 44 44 45 46 513 WHO WE ARE QUALIFICATIONS: 5.1.A OVERVIEW OF CCY ARCHITECTS 514 DESIGN IS OUR PASSION Design is our passion. We live and breathe it. We create inspired and original design solutions that connect people to place, nature, and each other in meaningful, memorable ways. Our forward-looking designs speak to the legacy and traditions present in the heritage of all places. Our curiosity thrives through uncovering those through-lines and weaving them into our work. MOUNTAIN COMMUNITY EXPERIENCE IS AT OUR CORE We understand firsthand the outdoor lifestyle and community experience. Community building is not just one of our “market sectors,” it is at the core of what we do. CCY has over five decades of experience creating memorable places in the Roaring Fork Valley. Our work is geographically diverse, ranging across the Rockies and the Sierras, throughout the American West, and beyond. Our rare blend of custom residential and resort experience lends us a particular lens on a crafted, intimately scaled approach to larger buildings. Our office cul- ture encourages projects of different types and scales to learn from one another. We don’t have sector-based studios. The teams that design homes also design community and resort amenity buildings. OUR APPROACH IS ROOTED IN LISTENING AND COLLABORATION We have a listening-based approach. We are very accustomed to “being at the table” early in the envisioning process for new and evolving projects. We are designers that think well beyond individual buildings and truly focus on creating places that drive memorable experiences. 5.1.A OVERVIEW OF CCY ARCHITECTS 515 PHILOSOPHY OF DESIGN IN A HISTORIC CONTEXT Our approach to design stems from a belief that architecture should be reflective and derivative of its place. Whether a site is remote wilderness on which to nestle a private retreat, or an in-fill project in the heart of a historic mountain town, our approach is the same: understand the place, its history and context, and respond to the constraints and opportunities it presents. A solution within a historic context should not merely imitate the past; rather, it should learn from and respect it. The design should be responsive, acknowledging the scale, proportions, and texture of its historical setting. Above all, it should celebrate the historic resources, with any additions paying homage to, deferring to, and complementing the existing structures instead of mimicking them. We have extensive experience working within the historic context and complex design constraints and criteria of Aspen. Our projects in the commercial core and the West End embody this design approach philosophy, with recent examples such as the Victorian Music Box and Katie Reed both earning City of Aspen Historic Preservation Awards for outstanding contributions to historic preservation. Telluride Transfer, an in-fill mixed-use project, MOLLIE Aspen, Obermeyer Place and Limelight are prime examples of how a project can successfully respond to its surrounding context and constraints while still looking forward. 5.1.A OVERVIEW OF CCY ARCHITECTS Pictured below from left to right: 1. Historic Elks Building. 2. Aspen Gondola Terminal, Plaza, and the Little Nell Hotel 3. CCY’s firm founders - Copeland, Finholm, Hagman & Yaw -“four hippies” who came to Aspen in the early 1970’s to ski and do architecture. This is them enjoying Aspen’s 4th of July parade, hanging outside their Elks Building office window.. Respecting the past while creating design solutions for the future 516 WHO WE ARE | CCY’s SELECT PROJECT LOCATOR WITHIN THE ASPEN CORE CCY is proud of the various projects we’ve undertaken over the years and as seen highlighted on the locator map. 517 5.1.A OVERVIEW OF CCY ARCHITECTS ASPEN COMMUNITY: SIGNIFICANT ADAPTIVE REUSE PROJECTS We see complex design as an opportunity - in our experience, design constraints are the foundation to great design solutions. It’s not just about building structures; it’s about harmonizing with the spirit of the place. Our firm has a rich history in Aspen, contributing to numerous legacy projects in the core and throughout the Roaring Fork Valley. In 1990, CCY led the historic rehabilitation and adaptive re-use of Aspen’s Elks Building. Our firm served as the Design and Architect of Record for the Aspen Gondola Terminal and Plaza, as well as the Little Nell Hotel - known as “the front porch of Aspen.” This development redefined the community’s economic core, stretching it from the pedestrian malls to the base of Aspen Mountain. The Hotel Jerome - Addition is another standout historic reuse project for CCY. Our firm was hired to design a complementary addition to the original brick building built in the 1880s. Historic compatibility and visual separation were the guiding concepts for this major addition to The Hotel Jerome, located in the heart of Aspen. The completed design reflects many traditional elements of Aspen’s architectural heritage, it interprets rather than mimics historic precedent. The new garden and patio orient toward the south and host numerous summer gatherings. Included in the addition are a swimming pool, garden room, ballroom, meeting facilities and underground parking facilities as well as a significant increase in guest rooms. Design constraints are the foundation to great design solutions Pictured left & right, The Hotel Jerome - Addition: 518 THE STRENGTH OF OUR CONSULTANT TEAM We’ve assembled a distinctive array of specialized teams to address project operations and sustainability goals, leveraging their expertise in F&B, restaurant, and food hall experiences. Ricca Design Studios: Internationally recognized for sustainable culinary design, extensive food hall experience, blending proven F&B concepts with cutting-edge innovation. Frontier Energy: Experts in energy-efficient commercial kitchens, providing audits and design support, guiding us on electric cooking equipment and water-efficient ware washing. Group14: Authorities in sustainable design, energy efficiency, LEED, and third-party certifications. They bring a unique mix of energy design assistance, commissioning, and advanced software analytics. Immersed Group | Meriwether: Food Hall specialists offering a business and operator’s perspective. Invaluable resource for insights on operating costs and development. 5.1.A OVERVIEW OF CCY ARCHITECTS “This destination promises a truly unforgettable experience” Pictured below and right hand page: 1.Parlor Kansas City - Immersed | Meriwether launched the Parlor food hall concept in 2017 with the purchase of a historic building in the Crossroads neighborhood of Kansas City, MO. 2. Once a historic lumber warehouse, Ricca’s Sawmill Market in Albuquerque, NM is now a 25,000 square-foot diverse and bustling food hall that celebrates local cuisine and culinary traditions. Sawmill Market in Albuquerque, NM 519 ENVIRONMENTAL STANDARD OF CARE Environmental Stewardship & Wellness are central to our practice. Driven by site conditions, our solutions allow us to optimize a building’s design for its environmental conditions. We implement solutions that rely on both passive and active strategies to minimize the impact on the local and global environment, and we seek to positively affect the local ecology through our site interventions. We have clarified our Environmental Standard of Care over the last several years to respond more directly to the evolving climate crisis. We have identified three major pillars that serve as a framework for project goal-setting, and a bridge between design vision and physical architectural solutions: • Resilience & Relevance, the research and implementation of anticipatory design solutions to create generational solutions • Human Health & Comfort, the responsibility to create spaces that support the health of the occupants and the highest level of comfort • Regeneration of the Local Ecology, or the idea that we can leave a site better than we found it through active restoration and purposeful intervention High Performance & Smart Design are additional focal points of our work. A high- performance building excels in multiple areas simultaneously. This is a building that’s more comfortable, more efficient, and more thoughtfully prepared to confront an uncertain future. With a reverence for the natural world and a deep commitment to the occupant experience, our projects combine inspiration from the landscape with time tested design strategies to create buildings that serve their occupants, communities, and the planet. Performance is not about making trade-offs between outcomes, but about employing well researched, creative solutions that result in an all-around better building. 5.1.A OVERVIEW OF CCY ARCHITECTS 520 5.1.A OVERVIEW OF CCY ARCHITECTS EMBRACING EXPERIENCE + PLACE An important part of our process is working closely with our clients and consultants to unlock ideas, programming, and designs to evolve a project’s vision and move it forward. This involves getting deep into the specifics of the experience we’re creating and how the physical space supports that experience. Our approach to design stems from a belief that architecture and interiors should complement and be derivative and reflective of their place. Whether it be an on-mountain restaurant or an in-fill project in the heart of a historic mountain town, the approach is the same: understand the place, its history and context, and respond to the constraints and opportunities with a vision. We believe place-based design can rekindle our everyday awareness of the natural world and create evocative buildings and interior spaces that are intellectually and emotionally engaging. DESIGN CHARRETTE We begin all of our projects with a design charrette, an intensive, on-site work session with the CCY team, owners, consultants, and stakeholders. During the charrette, we address the overall vision and guiding principles for the project as well as the programming and architectural and interior design character. We will develop initial design concepts, space planning, material palette, and site strategies. The charrette process generates a shared understanding of the goals, challenges, and the physical vision of the project and a broad consensus among all stakeholders. CULTURE OF DESIGN + COLLABORATION Design collaboration at CCY doesn’t stop at the charrette. You will see design reviews in our office often. Presenting an idea helps clarify design. Critiquing and evaluating recognizes strengths and weaknesses, pushing the best design solutions to the top. Iteration is fundamental to our process, and involves every team member from clients to designers to engineers. Collaboration through all phases of a project achieves deeper solutions faster. The way we live and work produces better results. We embrace a causal work atmo- sphere and believe a cross-country ski or biking at lunch fuels the mind as much as the body. A balanced healthy lifestyle, encouraging intellectual curiosity and growth and a strong dose of fun helps all of us do our best work. Aspen Art Museum CCY Architect of Record | Shigeru Ban - New York Studio, Design Architect 521 BASALT | 137 Midland Avenue | P.O. Box 349 Basalt, Colorado 81621 | 970-927-3101 | Fax 970-927-8049 ALPINEBANK.COM | EQUAL HOUSING LENDER NMLS#414674 | MEMBER FDIC December 12, 2023 City of Aspen 427 Rio Grande Place Aspen, CO 81611 RE: CCY Architects Leter of Reference To Whom it May Concern: CCY Architects has been an account holder with Alpine Bank for the past 16 years. They are a valued client of Alpine Bank, and have always handled their accounts as agreed. Upon occasion we have had the opportunity to review their financials in depth, and we are confident in sta�ng that as an architecture firm, CCY is currently and has historically been financially stable. Respectfully, Jennifer Sauer Senior Vice President – Manager jennysauer@alpinebank.com Annie Mitchell - Burlingame 522 WHAT WE’VE DONE QUALIFICATIONS: 5.1.B RELEVANT TEAM EXPERIENCE 523 ELK CAMP RESTAURANT | Snowmass, Colorado CCY Scope: Architecture, Interior Architecture, and Interior Finishes CCY was the design and architect of record. Accessed by a scenic 9-minute gondola ride originating from Snowmass Base Village, Elk Camp was named “Best On-Mountain Restaurant” in North America by Skiing magazine. The restaurant achieved LEED Silver certification for its sustainable merits. Elk Camp is a winter dining venue and summer base camp situated at the top of Elk Camp Gondola. It not only played a pivotal role within the visionary plan for Snowmass Mountain but also stands as a signature building for Snowmass, exemplifying the Aspen Skiing Company brand. Its distinctive curved roof design, inspired by the principles of harmoniz- ing with nature and snow sports, earned Elk Camp Restaurant the title of “the best on-mountain restaurant in North America” by Skiing Magazine. This architectural marvel offers a truly memorable and multi-generational experience. The Great Room can accommodate up to 250 guests, act as a special event venue and is served from an open scramble servery. An adjoining lounge provides a warm and intimate gathering space, which opens up to a large south-facing terrace overlooking Snowmass Mountain slopes. The curved design is rooted in several key principles: it establishes a connection to nature and adventure, integrates form-making that exudes energy, and creates a memorable experience, aligning perfectly with the values of the Aspen Skiing Company. SIZE: 4 Acres | 20,500 TSF 250-Seat Great Room 75-Seat Children’s Dining Area 150 Exterior Seats VALUE: $390/SF CONTACT: Chris Kiley, Aspen Skiing Company Planning Dept ckiley@aspensnowmass.com CCY TEAM: Rich Carr, Susan Touchette, Matt Smith CONSULTANTS: KL&A Engineers, REG Engineers 5.1.B RELEVANT TEAM EXPERIENCE Project of Similar Size Mountainous Setting Restaurant | Food & Beverage Community Hub Sustainability 524 MOLLIE | Aspen, Colorado CCY Scope: Architecture and Interior Architecture. CCY was the Design and Architect of record on this project This hotel is a reinvigoration of the Molly Gibson Lodge that comes from the 1950’s era of Aspen. The design takes cues from the Mid-century design attitude in Aspen. With a prominent location on Main Street in the heart of Aspen’s historic West End, the architecture strikes a balance between a progressive forward looking solution that also relates in scale and proportion to its Victorian neighbors. The hotel uses an efficient average room module of 225 sf to maximize keys within the allowable development rights. The hotel will offer a new fresh and affordable product for the Aspen community. SIZE: 35,669 SF VALUE: N/A CONTACT: Michael H Brown, HayMax Capital 605 W Main Street, Suite 2, Aspen, CO 81611 | (970) 544-4187 SHAW Construction was the contractor CCY TEAM: Todd Kennedy, Jenny Trumble, Martin Jones, John Cottle CONSULTANTS: BG Buildingworks, REG Engineers, LS Group 5.1.B RELEVANT TEAM EXPERIENCE LIMELIGHT HOTEL | Aspen, Colorado CCY Scope: Architecture and Interior Architecture CCY was the Design and Architect of record on this project Currently owned by the Aspen Skiing Company, the Limelight was devel- oped by its previous owners as a moderately priced, family owned operation. Designed with a generous living room and adjacent kitchen and bar the hotel operates more as an oversized bed and breakfast than a 100+ key hotel. When Aspen Skiing Company took over operations we worked with them to remodel the lobby, transformed the kitchen into a small commercial kitchen and reinvented the space as a “living room for the community”. A hub of the community, the Limelight creates the coveted dynamic of cur- rent hoteliers of gathering guests and community members in a common space creating a more authentic and vibrant mountain town experience for both. SIZE: 93,000 SF with 128 Hotel Rooms VALUE: $260 SF CONTACT: Travis Bossow, RA Nelson was the contractor #970.963.3558 CCY Team: John Cottle; Robin Schiller CONSULTANTS: KL&A Enginners, LS Group Mountainous Setting Restaurant | Food & Beverage New & Remodel Community Hub Mountainous Setting Restaurant | Food & Beverage Sustainability 525 BUTTERMILK BASE | Aspen, Colorado CCY Scope: Architecture, Interior Architecture, Interiors FF&E, Master Planning in collaboration with DesignWorkshop. CCY was the design and architect of record The overall project’s masterplan included three buildings that were designed to create a campus and to support and enhance the guest experience from arrival to departure. They include: Buttermilk Mountain Lodge, Guest Services, and The Hideout. With an eye toward optimizing energy performance, sustainable design strategies generate efficient and high-performance buildings at Buttermilk. The Buttermilk Mountain Lodge remodel converted commercial kitchen equipment to electric where possible, with a phased plan to replace all natural gas equipment over time. Complete window replacement with U-.24 glazing and solar shades was implemented to reduce heat gain and summer cooling loads. Guest Services is an all electric building. It will function as net-zero once the local utility completes their targeted transition to renewable source power. Guest Services also uses passive solar design and performs 26% better than code, based on ASHRAE 90.1-1. Construction achieved greater than 76% total waste recovery through re-use or recycling. Less than 24% of the project’s total construction material was disposed of at the local land fill. Indoor air quality is maintained with low VOC finishes, frequent outdoor air changes, operable windows, air-locked entry vestibules, and walk-off grates that reduce dust by 85%. SIZE: Buttermilk Mountain Lodge: 21,500 SF | Skier Services: 9,700 SF | Hideout: 7,384 SF VALUE: Lodge Remodel $436 SF | Guest Services: $764 SF CONTACT: Dana Dalla Betta, Senior PM Planning & Development, Aspen Skiing Company ddallabetta@aspensnowmass.com M: 970-456-6601 CCY TEAM: Rich Carr, Chris Touchette, Martin Jones, Jola Pieslak CONSULTANTS: Ricca Design Studios, BG Buildingworks, DesignWorkshop, Roaring Fork Engineers, LS Group 75% of direct sunlight buffered by brise soleil 3pm summer solstice 3pm summer solstice direct sunlight allowed to enter building 3pm winter solstice 3pm winter solstice crawl - space (distribution) retail rental ticketing day lounge 17” deep electric heat pump delivers heat to structure 5.1.B RELEVANT TEAM EXPERIENCE Project of Similar Size Mountainous Setting Restaurant | Food & Beverage Remodel Sustainability 526 KATIE REED | Aspen, Colorado CCY Scope: Architecture, Interior Architecture, and Interior Finishes CCY was the design and architect of record (remodel) This mixed-use commercial property in the center of Aspen is home to multiple bustling businesses— three popular restaurants, a bar, and several leased offices—but over the years, it kept inching toward disrepair. Looking for an aesthetic upgrade and in need of functional improvements, the owner hired CCY to modernize the property. The property comprises two structures: an original Victorian house, which is framed by an L-shaped building that was completed in the early 1990s. The assemblage is designated as an historic land- mark by the City of Aspen’s Historic Preservation Commission, meaning that any changes to the exteriors needed to be carefully scrutinized in alignment with the original design. For the building from the 1990s, we replaced the dated green wood siding with new black wood sid- ing. Flashing and fascia details were simplified to remove visual distraction and highlight the promi- nence of the Victorian house. For the older historic house, distracting brick planters were removed replaced with new steel-plate versions that allow for better drainage. The design also updated the main entrance and public lobby interiors, creating a more cohesive experience for restaurant visitors and employees. At the entry, a new soffit constructed out of the same steel used for the planters, leads into the main elevator and stair. To complement the steel soffit, interior walls were clad in warm wood tones with textural details. AWARDS: Aspen Historical Preservation Recognition SIZE: 19,000 SF VALUE: N/A CONTACT: Brikor Construction was the contractor #970.923.3088 CCY TEAM: Rich Carr, Jenny Trumble 5.1.B RELEVANT TEAM EXPERIENCE Community Restaurant | Food & Beverage Historic Project of Similar Size Mountainous Setting SAM’S | Snowmass, Colorado CCY Scope: Architecture and Interior Architecture CCY was the design and architect of record for the remodel Sam’s, the newly remodeled and re-branded 7,270 SF on-mountain restaurant, is Aspen Snowmass’ newest dining experience offering a fine dining atmosphere with a lively ski-in bar culture. This extensive transformation creates a fresh space and experience, with minimal architectural changes and adherence to a modest budget. The Aspen Skiing Company wanted to create the premier on-mountain dining experience in the snow sports industry by repositioning their former BBQ restaurant, Sam’s Knob at Snowmass, to be a contemporary alpine trattoria. The dining room is open to the charcuterie kitchen and surrounded by table-to-ceiling glass on the remaining three sides, while a floating wine storage wall casually subdivides the space for a private dining area. Outdoor tables and soft seating gathered around an exterior fire- place fill out the offering from a sunny, southwest facing deck surrounded by mountain peaks. SIZE: 7,270 SF VALUE: $358 SF CONTACT: Dana Dalla Betta, Senior PM Planning & Development, Aspen Skiing Company ddallabetta@aspensnowmass.com | M: #970-456-6601 CCY TEAM: Susan Touchette, Chris Touchette, Jenny Narrod CONSULTANTS: REG Engineers, LS Group Mountainous Setting Restaurant | Food & Beverage Remodel Sustainability 527 MOONLIGHT BASIN ULERY’S LAKE LODGE | Big Sky, Montana CCY Scope: Site Planning, Architecture, Interior Architecture, Interior Finishes, FF&E Design and Specifications CCY was the design and architect of record. Set in a stretch of wilderness, just north of Yellowstone National Park, Ulery’s Lake is a new neighborhood within Moonlight Basin, a residential club affiliated with the Big Sky ski resort. Looking to create an unparal- leled family-oriented experience combining recreation and luxury, the developers of Ulery’s Lake hired CCY to design a guest lodge with 16 private residences as well as a collection of contemporary cabins. This private resort, with immediate access to both Ulery’s Lake and skiing, also offers 11,600 sf of amenities, including a 68-seat restaurant and bar area; pool and outdoor terrace seating, a den, fitness center, gear outfitter, half- size basketball court, and rock-climbing wall. CCY identified a material palette—wood, stone, steel and fiber cement panels—that created consistency across the community, but subtle variations give each set of buildings its own unique identity. A glulam column and beam structure was selected for all the buildings. The honesty of the big boned, expressed structure has a subtle but prevalent tie to Montana’s heritage. LEED Certified SIZE: 10.4 Acres | Lodge 62,716 SF VALUE: GMP budget: $31,873,409 CONTACT: Christina Calabrese - Lone Mountain Land Company ccalabrese@lonemountainland.com | #406.219.0825 CCY TEAM: John Cottle, Jenny Narrod, Melanie Grant CONSULTANTS: KL&A Engineers 5.1.B RELEVANT TEAM EXPERIENCE Retail Restaurant | Food & Beverage Sustainability Community Hub Mountainous Setting 528 5.1.B RELEVANT TEAM EXPERIENCE TREEHOUSE KIDS ADVENTURE CENTER | Snowmass, Colorado CCY Scope: Architecture, Interior Architecture, and Interior Finishes CCY was the design and architect of record. In collaboration with Intrawest and the Aspen Skiing Company, CCY designed Hayden Lodge, which blended two unique building programs: fourteen high-end residences and a state-of-the-art children’s center called “The Treehouse,” housing a bustling youth ski school program and day-care center. The crisp articulation and detailing represent the refined palette of the building’s residential units, while the base of the building captures the spirit and whimsical qualities of the Treehouse Kids Adventure Center. In 2020, CCY worked with the Aspen Skiing Company on the renovation of the interior space, aiming to improve the initial arrival experience, health and wellness of visitors and employees, and to create a space that aligns with the updated brand aesthetics. The project delivery for the remodel was carried out in close concert with the project team’s operational schedule. The design team managed construction administration within a compressed time line, working during the ski resort’s off-season to ensure an on-time and on-budget delivery. Conceptual design began in April 2020, immediately following the COVID-19 lock-down, a mere 7 months before the required opening in November 2020. The carefully selected material palette implemented throughout the Treehouse redesign not only creates a vibrant and engaging interior environment but also provides durability and resilience in a space highly trafficked with people and ski gear. The newly reconfigured spaces exceed the goals and expectations that were established at the beginning of the project and align with Aspen Skiing Company’s sustainability vision as a company. SIZE: 49,660 TSF (2007) 25,000 SF Treehouse Kids Adventure Center | 7,000 SF Remodel Scope for the Treehouse (2020) VALUE: Interior Redesign/Re-Model ( 2020) Approx. $242 SF CONTACT: Dana Dalla Betta, Senior PM Planning & Development, Aspen Skiing Company ddallabetta@aspensnowmass.com | M: #970-456-6601 CCY TEAM: Rich Carr, Chris Touchette, Susan Touchette, Courtney Woller CONSULTANTS: BG Buildingworks Redesign / Remodel Sustainability Project of Similar Size Mountainous Setting GRIFFIN CLUB | Los Angeles, California CCY Scope: Architecture and Interior Architecture CCY was the design and architect of record for the remodel Following a major repositioning, the Griffin Club Los Angeles unveiled its new clubhouse in the summer of 2017. Originally founded in 1926, the revamped private club is in the geo- graphic center of West Los Angeles and offers a full range of both indoor and outdoor amenities. The new club is casual while still providing best-in-class amenities and service without pretense. SIZE: 36,000 SF of interior, conditioned space VALUE: NA CONTACT: Garrett Simon, Meriwether Companies gsimon@meriwetherco.com | #970-596-6642 CCY TEAM: Rich Carr, Maura Trumble, Matt Smith Remodel Restaurant | Food & Beverage 529 EGLISE LODGE | Yellowstone Club, Big Sky, Montana CCY Scope: Architecture, Interior Architecture and Interior Design CCY was the design and architect of record. Currently under construction, Yellowstone Club’s new on-mountain restaurant, the Eglise Lodge, will serve as the base camp for a 1000-acre ski and summer recreation expansion. The restaurant features a 200-seat dining room. The outdoor terrace to the south connects to sun and skiing while the north side of the building is elevated to capture views. The building’s low sloped shed roofs and simple forms contrast and defer to its surrounding vertical landscape, while a palette of natural and very textural materials pay tribute to Montana’s building history. As a high-altitude fine-dining environment, the interiors program has created a refined experience that would also be resilient to ski equipment and high traffic. To minimize the project’s carbon footprint and to facilitate challenging high-altitude construction at 9,573 feet above sea level, CCY designed the roof structure with Cross Laminated Timbers, or CLT, supported with Glulam columns. In this way, the building further draws from vernacular traditions—in this case, timber-frame structures—but in a 21st century method. SIZE:14,000 SF (Under Construction) Main Dining - 146 seats | Private Dining - 14 seats | Lounge - 26 seats South Dining Terrace- 67 seats | West Terrace - 11 seats Flex Room - 40 seats and Entry Hall with Art Wall VALUE: N/A CONTACT: Boz Boswell, AIA – VP of Architecture, Design, and Planning | Yellowstone Club boz.boswell@yellowstoneclub.com | M: #406.579.1180 CCY TEAM: John Cottle, Jenny Trumble, Matt Smith, Melanie Grant CONSULTANTS: KL&A Engineers, BG Buildingworks Mountainous Setting Restaurant | Food & Beverage Sustainability 5.1.B RELEVANT TEAM EXPERIENCE Project of Similar Size 530 5.1.B RELEVANT TEAM EXPERIENCE LAKE AVENUE | Aspen, Colorado CCY Scope: Architecture CCY was the design and architect of record for the remodel. Located in Aspen’s West End, this project overlooks Hallam Lake Preserve. Originally built in 1890 for Ella Mitchel the existing house went through numerous non historical remodels and additions. In 2011 CCY began development of a concept working closely with the client and the Historical Preservation Committee that takes the principal historical portion of the house and showcases it closer to the front of the lot. The new addition includes a gabled garage element that fronts the street and is a gestural nod to the historic building. The rest of the addition consists of flat roofs that visually disconnect from the historical building. This addition focuses it’s attention toward the rear of the lot and the views of Hallam Lake and Red Mountain. The living room and kitchen employ operable walls that completely open to the rear of the lot, creating an endless indoor outdoor room. SIZE: 7075 SF VALUE: $426/SF CONTACT: JD Black Construction #970.379.7794 CCY TEAM: Rich Carr, Susan Touchette CONSULTANTS: KL&A Engineers, LS Group, Project of Similar SizeMountainous Setting Remodel/Restoration Sustainability VICTORIAN MUSIC BOX | Aspen, Colorado CCY Scope: Master Planning, Architecture, Interior Architecture, & Historical Preservation CCY was the design and architect of record A modern music-inspired guest house is designed to coexist with a restored 1880s Victorian residence in an historic Aspen neighborhood. The previous owners of the 1880’s Victorian had attached an awkward duplex to the property. The new design removes the additions in order to create a small guest house in the lot’s corner, allowing for a south facing courtyard. The Victorian’s exterior shell is entirely original. The new guest house structure was carefully sistered to the existing Victorian. With the exception of the garage, office, and breakfast room, the Victorian has been refurbished and historically preserved to its nineteenth-century identity. To make the spaces feel larger, the Victorian’s tight rooms are linked with axial connections throughout the home and site, creating an effortless feeling of procession. AWARDS: Aspen Historic Preservation Award RD Architecture Awards | Contextual or Vernacular Renovation AIA Residential Architect Design Awards | Honorable Mention Interior Design, Best of Year | Shining Moment Honoree International Design Awards | Honorable Mention AIA Colorado | Award of Excellence SIZE: 6,800 SF VALUE: N/A CONTACT: KORU was the contractor #970.963.0577 CCY TEAM: John Cottle, Evan Barrett CONSULTANTS: KL&A Engineers, Roaring Fork Engineering Historic Mountainous Setting 531 5.1.B RELEVANT TEAM EXPERIENCE BRASADA RANCH | Powell Butte, Oregon CCY Scope: Site Planning & Architecture CCY was the design and architect of record Set on 1,800-acres, Brasada Ranch is a low-density, family-oriented community in central Oregon. CCY provided full architectural services, envisioning, programming, and conceptual design for 150 overnight tourist cabins, while sustainably repurposing a nearby abandoned lumber mill for heavy timber. The resort is a leader in sustainable design and was the first in Oregon and fourth in the country to earn LEED Gold certification from the U.S. Green Building Council. Over half of the development’s open space is dedicat- ed to hiking, biking, and equestrian trail networks. The design of the “ranch headquarters” draws inspira- tion from the agricultural vernacular of the region and incorporates contemporary elements. The result is a vibrant heart for the community and a forward-looking architecture that respects the natural surroundings. SIZE: Community Barn 8,000 SF | LEED Gold 2007 Ranch House 13,000 SF | LEED Gold 2008 Post Office & General Store 1,700 SF Recreation Center 17,000 SF Golf Club House & Pro Shop 29,000 SF VALUE: $300-$350 SF CONTACT: Alan Van Vliet, VP Development JELD-WEN Communities | 919.314.7976 Keeton King Construction, Powell Butte, OR 97753 CCY TEAM: Rich Carr, Will Young, Chris Touchette CONSULTANTS: KL&A Engineers, REG Engineers Sustainability Project of Similar Size Restaurant | Food & Beverage LODGE at EDGEWOOD TAHOE | Stateline, Nevada CCY Scope: Architecture and Interior Architecture CCY was the Design and Architect of record on this project The Lodge at Edgewood Tahoe is the first modern hospitality destination situated directly on the shores of Lake Tahoe, culminating from the extensive redevelopment of the existing 240-acre Edge- wood Tahoe Resort. Occupying a half-mile stretch of Lake Tahoe waterfront, this 170,000 square foot, 154-room hotel incorporates substantial enhancements to the historic premises. Notably, the property contributes to environmental enhancement by treating and discharging stormwater from the town of South Lake Tahoe, thereby positively impacting one of the nation’s most carefully-managed ecosys- tems. Additionally, The Lodge has earned a LEED Silver certification. Designed to embrace the ambiance of the Grand Lodges of the American West, the architecture of The Lodge artfully reinterprets traditional elements of Tahoe land-mark designs, resulting in a time- less and contemporary solution. Nestled among majestic Jeffery Pine trees, The Lodge harmoniously complements the existing and cherished Edgewood Clubhouse. With the aim of expanding the resort’s already successful events-site business, its program includes a bistro restaurant and bar, café/ snack shop, Adventure Center, kids camp, meeting rooms, treatment spa, and fitness center. Outdoor amenities abound, offering a patio grill and bar, pool and hot tub, multiple fire features and gathering spaces, an expanded beach with public access, as well as boat facilities and pier on Lake Tahoe. Given the delicate beauty of the Tahoe Basin, the project had to demonstrate extensive environmental benefits to obtain entitlement. It successfully incorporates significant water-quality improvements that buffer and treat stormwater runoff from the golf course and nearby development before reaching the lake. An innovative environmental feature includes a lake source cooling system, married to an extend- ed community water supply pipe that reaches 600 feet below the surface of Lake Tahoe. The system cools the entire building with no fossil fuel consumption. SIZE: 170,000 SF | 154 Hotel Keys | Amenities include: Bistro, Bar/Lounge, Treatment Spa, Retail, Kitchen/Bakery VALUE: $382.00 SF CONTACT: John McLaughlin, CEO - Edgewood Companies | 775-588-3400 CCY TEAM: Rich Carr, Chris Touchette, Robin Schiller CONSULTANTS: KL&A Engineers, Design Workshop, Ricca Design Studio Restaurant | Food & Beverage Sustainability Mountainous Setting 532 TELLURIDE TRANSFER | Telluride, Colorado CCY Scope: Architecture, Interior Finishes, and Master Planning CCY was the design and architect of record Telluride Transfer is a 59,600 SF mixed-use project, including commercial, affordable housing, and free market housing, located in historic Telluride and anchored by the rehabilitation of the Transfer Warehouse, a 120 year-old, collapsing stone structure that will be re-purposed as a community arts facility. Given the town’s national historic landmark status, the project went through arduous public approvals. The result is a development that looks forward, yet respects the historic context of Telluride. The architecture along the public right-of-way recalls the brick facades of Telluride’s past but with a modern sensibility towards the detailing. Along the alley is a eclectic mix of materials and scales to reflect the architectural spirit of Telluride’s alleys. Internally to the site, the architecture becomes more modern and spare in detail, yet the mass, scale, and fenestration still speak to the town’s historic fabric. The Historic Architectural Review process in Telluride creates a very constrained environment for design. Rather than fighting against the system, we studied the guidelines and worked within the process to arrive at a unique solution that was well received by the majority of the community. Ultimately, the constraints placed on the design by the guidelines and the process resulted in a better solution. DESIGN AWARDS: 2023 AIA Colorado Award of Merit Site Use: Before The project resides on the boundary of the Resi- dential Commercial and Warehouse Commercial zone districts. To mitigate the scale and create a visual transition between these two distinct zones, the proposed massing is broken up into five dis- tinct buildings. Site Use: After The pedestrian alleys between the buildings serves to create a permeable site plan that allows for the existing pedestrian flow through the undeveloped property to be maintained. Additionally, they create setbacks between the new construction and the his- toric buildings and provide view corridors through the project to the iconic peaks surrounding Telluride. 5.1.B RELEVANT TEAM EXPERIENCE Historic Component Mixed-Use Sustainability Community Process SIZE: 42,000 TSF (Five Buildings) VALUE: $450 SF CONTACT: Garrett Simon, Meriwether Companies | gsimon@meriwetherco.com | 970-596-6642 Werner Catsman, Finbro Construction | 970-728-5038 CCY TEAM: Rich Carr, Todd Kennedy, Maura Trumble CONSULTANTS: KL&A Engineers, REG Engineers Mountainous Setting 533 OBERMEYER PLACE | Aspen, Colorado CCY Scope: Master Planning and Architecture CCY was the design and architect of record The design challenge for Obermeyer Place was to acknowledge Aspen’s history while looking forward. This mixed-use project was designed with representatives from the approvals agencies, the public, and neighbors actively generating project parameters. CCY Architects was responsible for steering the 15-month community process. It was the first project approved under the City of Aspen’s COWOP process. The result is a noteworthy public-private project. Located on a former railroad yard, Obermeyer Place provides a sophisticated urban mixed-use project that combines service, commercial, office businesses, affordable housing and twenty two for-sale residences. Pedestrian walkways weave through the five buildings and provide access from Aspen’s core to the park and river. Preserved views of the mountains from within the project offer powerful connections to the spectacular surroundings. SIZE: 230,000 SF VALUE: Approx. $43 million CONTACT: Dwayne Romero dromero@romero-group.com | 970-273-3100 CCY TEAM: John Cottle, Alex Klumb, Robin Schiller 5.1.B RELEVANT TEAM EXPERIENCE Community Process Sustainability Mixed-Use Mountainous Setting 534 SELECT AWARDS SELECT PUBLICATIONS 2023 HOSPITALITY DESIGN, “MOLLIE ASPEN TO LAUNCH IN DECEMBER” (MOLLIE - ASPEN) ENKI, “THE ALPINE CABIN” (DNA ALPINE) ARCHITECTURAL RECORD, “FEATURED HOUSE” (DNA ALPINE) INTERIOR DESIGN “ART AND NATURE TAKE CENTER STAGE IN THIS ASPEN RESIDENCE“ (N’VITALE) ASPEN MAGAZINE “DESIGNING WOMEN” (CCY ARCHITECTS) LUXE “A-LIST ART AND MOUNTAIN VIEWS VIE FOR ATTENTION IN AN ASPEN RETREAT” (TERRA) DESIGNBOOM “CCY ARCHITECTS’ MODERN MOUNTAIN HOME EMERGES FROM ASPEN GROVE“ (ELK RANGE OVERLOOK) MOUNTAIN LIVING “COLORADO HOME IS PERFECTLY SITED TO CAPTURE MOUNTAIN OVERLOOK VIEWS” (TR5 RANCH) NUVO “HOME OF THE WEEK” (DNA ALPINE) 2022 WALLPAPER* “THIS SNOWY ROCKIES RETREAT IS THE PERFECT COLORADO FAMILY STAY” (DNA ALPINE) LUXE “CABIN FEVER” (ELK RANGE OVERLOOK) PLAIN MAGAZINE “A MULTI-GENERATIONAL HOUSE NESTLES THE BANKS OF WYOMING’S SNAKE RIVER” (SNAKE RIVER) MOUNTAIN LIVING “THE MUSIC BOX” (VICTORIAN MUSIC BOX) DEZEEN “CCY NESTLES MEADOW HOUSE IN MOUNTAIN VALLEY OUTSIDE ASPEN” (MEADOW HOUSE) DEZEEN “TEN WELL-ORGANIZED BEDROOMS WITH CLEVER STORAGE SOLUTIONS” (GAMMEL DAMM) 2021 ARCHITECTURAL RECORD “FOR THE ARCHITECTS ON YOUR HOLIDAY GIFT LIST” (CCY ARCHITECTS MONOGRAPH) SHLTR “WINTER ESCAPE: EDGEWOOD TAHOE” (EDGEWOOD LODGE LAKE TAHOE) MOUNTAIN LIVING “LISTENING TO NATURE” (CCY ARCHITECTS MONOGRAPH) WHITEWALL “LAND AND SEA” (CCY ARCHITECTS MONOGRAPH) COWBOYS & INDIANS “WELL CONNECTED” (CCY ARCHITECTS MONOGRAPH) ARCHITECTURAL DIGEST “7 OF THE MOST EXTRAVAGANT ASPEN HOMES ON THE MARKET RIGHT NOW” (MEADOW HOUSE) ASPIRE “BOOK NOOK: 9 MELLOW MUST-READS FOR SUMMER” (CCY ARCHITECTS MONOGRAPH) MODERN IN DENVER “DESIGN DIALOGUE” (CCY ARCHITECTS MONOGRAPH) ALTA “NO OCEAN, NO PROBLEM” (CORAL MOUNTAIN) WALL STREET JOURNAL “AMID ASPEN’S MARKET FRENZY - HOME LISTS FOR $37 MILLION” (MEADOW HOUSE) DESIGNBOOM (MEADOW HOUSE) HGTV “TOUR A MAGICAL ASPEN GUEST HOUSE INSPIRED BY CLASSICAL MUSIC” (VICTORIAN MUSIC BOX) PLAIN MAGAZINE “STUNNING VIEWS OF ASPEN MOUNTAIN” (RED MOUNTAIN) AESTHETICA “FUNCTION AND AESTHETICS” (CCY ARCHITECTS MONOGRAPH) 2023 THE AMERICAN ARCHITECTURE AWARDS DNA ALPINE AIA COLORADO, ARCHITECT OF THE YEAR RICH CARR AIA COLORADO, AWARD OF MERIT TELLURIDE TRANSFER AN’S BEST OF PRACTICE - ARCHITECTURE WEST HONORABLE MENTION CCY ARCHITECTS THE INTERNATIONAL ARCHITECTURE AWARDS ELK RANGE OVERLOOK & DNA ALPINE RESIDENTIAL DESIGN ARCHITECTURE, HONOR AWARD DNA ALPINE ARCHITIZER A+ FINALIST, BEST RESIDENTIAL FRIM CCY ARCHITECTS 2022 AIA COLORADO, DESIGN AWARD OF EXCELLENCE DNA ALPINE 2021 AIA WESTERN MOUNTAIN REGION, HONOR AWARD VICTORIAN MUSIC BOX THE INTERNATIONAL ARCHITECTURE AWARDS MEADOW HOUSE AN’S BEST OF PRACTICE - ARCHITECTURE WEST HONORABLE MENTION CCY ARCHITECTS ARCHITIZER A+ ARCHITECTURE AWARDS, FACADES VICTORIAN MUSIC BOX 2020 RESIDENTIAL DESIGN ARCHITECTURE AWARDS, CITATION, VICTORIAN MUSIC BOX ARCHITECT’S NEWSPAPER BEST OF DESIGN, FACADES VICTORIAN MUSIC BOX THE AMERICAN ARCHITECTURE AWARDS MEADOW HOUSE PLATFORM, BEST INTERNATIONAL HOUSES DESIGN SELECTION SERIES, GAMMEL DAMM 2019 AIA RESIDENTIAL ARCHITECT DESIGN AWARDS, HONORABLE MENTION, VICTORIAN MUSIC BOX INTERIOR DESIGN, BEST OF YEAR, SHINING MOMENT VICTORIAN MUSIC BOX AIA WESTERN MOUNTAIN REGION, MERIT AWARD GAMMEL DAMM AIA COLORADO, HONORABLE MENTION HIGH+DRY (UNBUILT) AIA COLORADO, HONORABLE MENTION MEADOW HOUSE AIA COLORADO WEST, AWARD OF DISTINCTION VICTORIAN MUSIC BOX (DETAIL) AIA COLORADO WEST, AWARD OF DISTINCTION MEADOW HOUSE 2018 ULI NEVADA PLACEMAKING AWARD, TRANSFORMATIVE EDGEWOOD LODGE AIA NEVADA, CITATION AWARD EDGEWOOD LODGE AIA COLORADO, AWARD OF EXCELLENCE VICTORIAN MUSIC BOX TRAVEL+LEISURE READER’S CHOICE AWARDS, NO. 1 HOTEL RESORT IN THE U.S. EDGEWOOD LODGE TRAVEL+LEISURE READER’S CHOICE AWARDS, NO. 36 TOP 100 HOTELS IN THE WORLD EDGEWOOD LODGE COLORADO HOME & LIFESTYLE, FIVE UNDER 40 CCY ARCHITECTS - MATTHEW SMITH GOLD NUGGET AWARDS, MERIT AWARD EDGEWOOD LODGE 2017 AIA U.S. WESTERN MOUNTAIN REGION, FIRM OF THE YEAR CCY ARCHITECTS OUTSIDE, TOP 100 BEST PLACES TO WORK IN THE U.S. CCY ARCHITECTS AIA COLORADO, AWARD OF EXCELLENCE GAMMEL DAMM AIA COLORADO, AWARD OF MERIT T.A.G. RESIDENCE AMERICAN INSTITUTE OF ARCHITECTURE AWARD ASPEN ART MUSEUM, ASSOCIATE ARCHITECT 2016 AIA COLORADO, AWARD OF EXCELLENCE GAMBEL OAKS RANCH 2015 AIA COLORADO, HONOR AWARD FIRM OF THE YEAR U.S. GREEN BUILDING COUNCIL, LEED SILVER SNOWMASS ELK CAMP RESTAURANT U.S. GREEN BUILDING COUNCIL, LEED GOLD GAMBEL OAKS RANCH AIA WESTERN MOUNTAIN REGION, HONOR AWARD ASPEN ART MUSEUM, ASSOCIATE ARCHITECT AIA COLORADO, MERIT AWARD ASPEN ART MUSEUM, ASSOCIATE ARCHITECT AIA COLORADO WEST, MERIT AWARD CASTLE CREEK 535 SELECT CCY CLIENTS LONE MOUNTAIN LAND COMPANY - BIG SKY, MT LOWE ENTERPRISES - LOS ANGELES, CA MARTIS CAMP - TRUCKEE, CA MERIWETHER COMPANIES - BOULDER, CO MJM DEVELOPMENT COMPANY - PARK CITY, UT MOUNTAIN AIR COUNTRY CLUB - BURNSVILLE, NC MUJU RESORT - JEONBUK, SOUTH KOREA OBERMEYER - ASPEN, CO OHANA REAL ESTATE INVESTORS - SAN DIEGO, CA / HONOLULU, HI PARK AVENUE DEVELOPMENT - SOUTH LAKE TAHOE, CA PLUMPJACK GROUP - SAN FRANCISCO, CA PRESIDIO VISTA PROPERTIES - LAKE TAHOE, CA QUANTUM PLACE DEVELOPMENTS - CALGARY, CANADA RELATED COMPANIES - SNOWMASS VILLAGE, CO RESORT VENTURES WEST - STEAMBOAT, CO SANTIAM RIVER CLUB - SWEETHOME, OR SNOWMASS CHAPEL & COMMUNITY CENTER - SNOWMASS VILLAGE, CO SUN VALLEY RESORT - SUN VALLEY, ID SUNRISE COMPANY - PALM DESERT, CA SWANER PRESERVE AND ECOCENTER - PARK CITY, UT TAOS SKI VALLEY - TAOS, NM THE LYLE ANDERSON COMPANY - SCOTTSDALE, AZ TIMBERS CLUB - CARBONDALE, CO TOWN OF SNOWMASS VILLAGE - SNOWMASS VILLAGE, CO TOWN OF TELLURIDE - TELLURIDE, CO UNIFRONT - SHANGHAI, CHINA VAIL RESORTS DEVELOPMENT COMPANY - BROOMFIELD, CO WASATCH PEAKS RANCH - UTAH WINDROSE - ASPEN, CO WRIGHT & COMPANY - AVON, CO YELLOWSTONE MOUNTAIN CLUB - BIG SKY, MT AJAX HOLDINGS - ASPEN, CO AMERICAN SKIING COMPANY - PARK CITY, UT ANGEL FIRE SKI AREA - ANGEL FIRE, NM ASPEN ART MUSEUM - ASPEN, CO ASPEN CLUB & SPA - ASPEN, CO ASPEN SKIING COMPANY - ASPEN, CO AUBERGE RESORTS - MILL VALLEY, CA CHAFFIN LIGHT ASSOCIATES - BASALT, CO CITY OF ASPEN - ASPEN, CO CITY OF SOUTH LAKE TAHOE - SOUTH LAKE TAHOE, CA CONSERVATION INTERNATIONAL - ARLINGTON, VA COPPER MOUNTAIN - FRISCO, CO CRESTED BUTTE MOUNTAIN RESORT - MOUNT CRESTED BUTTE, CO DEEP CREEK MOUNTAIN RESORT - DEEP CREEK LAKE, MD DMB - SCOTTSDALE, AZ DUTCH PACIFIC RESOURCES - SISTERS, OR EAGLE CREST RESORTS - REDMOND, OR EAST WEST PARTNERS - AVON, CO EDGEMONT HIGHLANDS - DURANGO, CO EDGEWOOD GROUP - STATELINE, NV EVERIST COMPANIES - SILVERTHORNE, CO GLACIER CLUB - DURANGO, CO HAYMAX HOTELS - ASPEN, CO HINES - HOUSTON, TX HOTEL JEROME - ASPEN, CO INTRAWEST CORPORATION - VANCOUVER, BC JACKSON HOLE MOUNTAIN RESORT - JACKSON, WY JACKSON-SHAW CORPORATION - DALLAS, TX LEGASUS OF NORTH CAROLINA - CASHIERS, NC LEWIS TRUST GROUP - LONDON, ENGLAND 536 DESIGN CAPABILITIESQUALIFICATIONS: 537 JENNY NARROD, AIA LEED AP | PROJECT MANAGER Jenny is a licensed architect in both Texas and Colorado. She brings an unwavering dedication for purposeful and technical design solutions to CCY and has impeccable organization and project management skills. She has coordinated and lead large and complex projects since she has been with the firm. Jenny recently completed the new LEED Certified Ulery’s Lake Lodge at Moonlight Basin Montana. She will be responsible for code compliance, technical performance of the facilities and the integration of engineering disciplines. We have assembled a very strong team for Aspen’s Armory Hall. Partner Todd Kennedy will lead the team, with Rich Carr very involved throughout the project. Both have significant experience in mountain resort and F&B design and have led and delivered some of our most complex and award-winning projects. Jenny Narrod will be Project Manager and Jenny Trumble will fill the role of Project Architect. Jordan Rich will support as Job Captain. JENNY TRUMBLE, AIA | PROJECT ARCHITECT Jenny oversaw the remodel and preservation of Katie Reed, which included a historic cottage and mixed-use building located in downtown Aspen. The work done on this project was recognized by the Aspen Historic Preservation committee. She has also contributed her design talent and technical expertise to many award-winning residences, as well as a private ski and golf community development in Utah. RICH CARR, AIA | ADVISING PARTNER Rich provides an integrated approach to design for each project he leads, synthesizing finely detailed architectural design with a broader focus on place- making for clients in diverse settings. His award-winning portfolio includes land- mark image centers, mixed-use and affordable housing complexes, new resort communities, and nationally acclaimed private residences. Rich will be involved in the project conception, programming, and design. He will serve in an advisory role throughout the later phases of the project. TODD KENNEDY, AIA | PARTNER IN CHARGE Todd will be highly involved in the design from the very start, and his extensive exposure to complex approval processes will be invaluable throughout the pub- lic process. He will also be the ultimate contact person for the City of Aspen, to assure their satisfaction at every stage. Todd is licenced to practice architecture in Colorado and is a member of the AIA. Todd brings a rigorous, detail oriented approach to all of his projects. CCY’S IN-HOUSE PERSONNEL DEDICATED TO THE PROJECT 5.1.D DESIGN CAPABILITIES: PROJECT TEAM 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Week Todd Kennedy Partner in Charge $325 9 $2,925 12 $3,900 Jenny Narrod Project Manager $210 18.4 $3,864 24 $5,040 Jenny Trumble Project Architect $210 19.6 $4,116 3 $630 Jordan Rich Job Captain $165 30.4 $5,016 48 $7,920 TBD Architect/Designer $145 14.8 $2,146 0 $0 Rich Carr Partner $325 3.4 $1,105 0 $0 Total CCY Fee $'s per Week $19,172 $17,490 $22,536 $11,500 $22,688 Total CCY Fees $'s Per Phase Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 Part 4 May 2024 June 2024January 2024 $383,440 $122,430 $315,500 Approval Recordation Part 5 Documents Construction Design Development CCY Architects $46,000 $363,000 time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Architecture & Overall Project Management Part 3 December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 JORDAN RICH, AIA | JOB CAPTAIN Grounded in a design philosophy centered on placemaking and human-centric response, Jordan brings a unique perspective to each project. Her technical profi- ciency in both Revit and building science enables her to translate creative visions into tangible designs. **Travel time is billed at 70% Schedule shall be adjusted annually based on normal personnel raise policies FIRM CONTACT Name: Todd Kennedy, AIA - Partner Address: 228 Midland Avenue Post Office Box 529 Basalt, CO 81621 Phone: (970) 948-6054 Email: tkennedy@ccyarchitects.com Website: www.ccyarchitects.com 538 Todd Kennedy, AIA Partner EDUCATION Iowa State University Bachelor of Architecture Minor in Environmental Studies PROFESSIONAL AFFILIATIONS American Institute of Architects Urban Land Institute - Colorado, Recreation, Entertainment, Tourism, and Leisure Council Co-Chair 10th Mountain Hut Association Board of Directors PROFESSIONAL REGISTRATIONS Licensed Architect Colorado, Montana, Utah, Wyoming Todd brings passion and rigor to all his work. His detail-oriented and conceptual approach to design have resulted in an award-winning portfolio of projects that each connect his clients with community and nature. In 2019, in recognition of his core leadership role in the studio, he was invited into the firm’s ownership, becoming a key voice in leading the next generation of designers driving forward the firm’s progressive approach to site-specific design. He has successfully executed a wide range of diverse projects, including on-mountain and resort amenity buildings, boutique hotels, mixed-use developments, multi-family residences, and custom homes. An engaged member of the professional and local community, Todd serves as a co-chair of the Colorado chapter of the Urban Land Institute’s Resort, Entertainment, Tourism and Leisure Council. In 2022 Todd served as a jury member for AIA Illinois’ Honor Award Design program. He has been a guest design critic for the University of Colorado and has presented and participated on a number of design panels, including the AIA Colorado Design+Practice Conference, ULI Colorado Symposium, and at the Denver Facades+ conference. Todd also serves on the board of the Tenth Mountain Division Hut Association. Personally committed to the landscapes where he is active as an architect, Todd is a former ultra-athlete and often skis, hikes, and camps with his family. Todd’s work has been recognized with over a dozen design awards from the American Institute of Architects. His projects have been featured in many publications, includ- ing Architectural Record, ArchDaily, Wallpaper*, Dezeen, Dwell, and Metropolis. AIA Western Mountain Region, a six-state professional association representing Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming, recognized Todd with its pres- tigious AIA10 – Young Architect of the Year Award. He has also been recognized with Colorado Homes and Lifestyle’s Circle of Excellence Award. SELECTED PROJECTS MOLLIE, Aspen, CO Voodoo Lounge Affordable Housing, Telluride, CO Telluride Transfer, Telluride, CO Limelight Hotel | Monarch Condos, Aspen, CO Camels Garden, Telluride CO Moonlight Basin Ulery’s Lodge, Big Sky, MT Private Ski & Golf Community, UTAH Four Seasons, Chongli, CHINA Eglise Lodge, Yellowstone Club, MT PlumpJack Squaw Valley Inn, Olympic Valley, CA New Park Town Center, Park City, UT Mountain Air, Asheville, NC Edgemont Ranch, Durango, CO Deer Valley Recreation Center, Changbaishan, China Kukui Ula, Poipu, Kauai, HI Wild Horse Meadows, Steamboat Springs, CO Building 3ABC, Snowmass Village, CO Swaner EcoCenter, Park City, UT Numerous Private Residences KATIE REED 5.1.D DESIGN CAPABILITIES: PROJECT TEAM 539 Jenny Trumble, AIA Associate Jenny brings an unwavering dedication to purposeful design solutions. She has a passion for creating architecture that tells a powerful story, draws relationships to natural and cultural phenomena, and contributes to the livelihood and productivity of our built environment in a sustainable manner. Upon graduation from the University of Pennsylvania, her appreciation for travel took her to China, where she joined the design team for a diverse set of cultural hospitality projects including a theater and hotel complex in Harbin, and an ecologi- cal exhibition center with a boutique hotel and eco-spa in Beijing. Her time spent overseas helped her hone in on the value of regional context, be it urban or rural, in a global city or a remote landscape. She is thrilled to bring those values back to her home state of Colorado. She received her architecture license in 2016 and has contributed her design talent and technical expertise to many award-winning residences, as well as a private ski and golf community development in Utah. Jenny oversaw the remodel and preservation of Katie Reed, which included a historic cottage and mixed-use building located in downtown Aspen. The work done on this project was recognized by the Aspen Historic Preservation committee. With her strong design insight and ability to think outside the box, she brings thoughtful and innovative solutions to her clients. Jenny engages the profession and commnity by serving on the Arts and Cul- ture Board for the City of Glenwood Springs along with the Practice and Design Conference Committee for AIA Colorado. She has served as a guest speaker and presented at AN’s Facades+ Denver conference and Telluride Art & Architecture week. In 2018 she presented at the Emerging Voices in Architecture - hosted by the Aspen Art Museum. Jenny was also a contributor and an integral team member who worked on CCY’s monograph Connection. EDUCATION PROFESSIONAL REGISTRATIONS SELECTED PROJECTS PROFESSIONAL AFFILIATIONS University of Pennsylvania School of Design Master of Architecture University of Colorado Bachelor of Environmental Design NCARB, Member American Institute of Architects Licensed Architect: Colorado Katie Reed, Aspen, CO Eglise Lodge, The Yellowstone Club, MT DNA Alpine, San Miguel County, CO Coral Mountain, La Quinta, CA Private Ski & Golf Community, UTAH Four Seasons, Chongli, CHINA Meadow House, Aspen, CO Bay to Beach, Southampton, NY Maroon Creek Overlook, Aspen, CO Numerous Private Residences Jenny Narrod, AIA Associate Jenny brings an unwavering dedication for purposeful and technical design solutions to CCY and has impeccable organization and project management skills. She has coordinated and lead large and complex projects since she has been with the firm. Jenny recently completed the new Ulery’s Lake neighborhood at Moonlight Basin Montana, a multi-phase private development that includes a lodge, duplexes and two phases of cabins. The lodge is the neighborhood’s gathering spot, and includes a restaurant and bar, outfitters, children’s program- ming, and a training and conditioning center complete with a basketball court and rock-climbing wall. With her strong design insight and ability to think outside the box, Jenny brings thoughtful and innovative solutions to her clients. Jenny is LEED AP and works with consultants and stakeholders on meeting and exceeding LEED standards. Jenny’s background in dance and the arts provides inspiration to her design process. She has a passion for creating architecture much the way she used to choreograph, by understanding and finding the best movements through space. Jenny recently was recognized by AIA Colorado for an un-built urban housing prototype and site strategy that responds to extreme weather events and fosters community engagement. While at Rice University, Jenny used her fluent Spanish to study and volunteer abroad, often as a translator. Jenny is actively involved with the American Institute of Architects, both regionally and nationally. She also contributes to her community by volunteering time and support to the Aspen Buddy Program and other non-profit organizations. EDUCATION PROFESSIONAL REGISTRATIONS SELECTED PROJECTS PROFESSIONAL AFFILIATIONS Rice University Bachelors of Arts Architecture and Hispanic Studies Bachelors of Architecture American Institute of Architects United States Green Building Council Licensed Architect Colorado, Texas LEED AP BD+C Upper Flat Irons, Big Sky, MT Summit Haus, Snowmass, CO Moonlight Basin Ulery’s Lake Lodge, Big Sky, MT Moonlight Basin, Big Sky, MT Sam’s, Snowmass Mountain, CO Eglise Grip Maintenance, Yellowstone Club, MT PlumpJack Squaw Valley Inn, Olympic Valley, CA Five Trees Residence, Aspen, CO 5.1.D DESIGN CAPABILITIES: PROJECT TEAM 540 Jordan Rich Designer Jordan is a designer with a passion for diverse experiences in architecture, ranging from theme park planning to product design. Grounded in a design philosophy centered on placemaking and human-centric response, Jordan brings a unique perspective to each project. Her technical proficiency in both Revit and building science enables her to translate creative visions into tangible designs. Originally from the East Coast, Jordan made the Roaring Fork Valley her home after earning a Bachelor of Fine Arts in Architecture from the Savannah College of Art and Design. Her design approach is shaped by an immersive arts education and extensive personal travels. With exposure to various cultures and environments, Jordan is committed to creating designs that positively impact lives - provide better quality of life for living. She firmly believes that architecture is an inevitable art form, influencing our daily experiences from the streets we walk to the buildings we pass and the spaces we inhabit. Jordan’s portfolio features custom residential and mixed-use projects. She has navigated the complexities of affordable housing projects, addressing lengthy and intricate permitting processes. Additionally, Jordan’s background includes a sustainability design approach and projects with acoustic awareness, implementing design techniques to minimize sound transmission. Outside the professional realm, Jordan channels her passion into coaching club volleyball and supporting the Carbondale Clay Center. Her holistic commitment reflects a deep belief in architecture’s ability to shape not just physical spaces but also communities and lives. EDUCATION SELECTED PROJECTS Savannah College of Art & Design Bachelor of Fine Art CKC, Telluride, CO Mariposa West, Aspen, CO *Smuggler Affordable Housing, Aspen, CO *Hallam Affordable Housing, Aspen, CO *Riparian Retreat, Aspen, CO *Denotes work experience at previous firms Richard A Carr, AIA Partner Rich is a partner with Cottle Carr Yaw Architects, a firm based in Colorado’s Roaring Fork Valley and widely recognized as a leading voice of design in the American West. His award-winning portfolio includes new resort communities, landmark image centers, mixed-use and affordable housing complexes, and nationally acclaimed private residences. Rich has been an integral leader in many of CCY’s hospitality and recreation projects, including Edgewood Lodge, one of Lake Tahoe’s most premiere resorts, Brasada Ranch, Oregon’s acclaimed recreation community, and a range of projects for the Aspen Skiing Company including the Treehouse Kids Adventure Center, the Elk Camp Restaurant Campus, and the re-envisioned Buttermilk Base Area. With a background in planning, Rich provides an integrated approach to design for each project he leads, synthesizing finely detailed architectural design with a broader focus on place-making for clients in diverse settings. Currently, Rich is leading our design efforts for a new 12,000-acre private ski and golf community in Utah, as well as a 62-key boutique hotel and retreat in the mountains of Southern California. Workforce housing has always been an important aspect of the firm’s work. CCY has worked on over 20 projects with affordable housing components in Aspen, Telluride, and a number of other locations across the west. The firm also has provided pro-bono design services for several Aspen valley community projects, including Habitat for Humanity RFV teacher housing - Basalt Vista, The Art Base in Basalt, and Carbondale Clay Center. In 2023 AIA Colorado named Rich Architect of the Year. CCY was awarded The American Institute of Architects Firm of the Year in 2017 for the six-state Western Mountain Region of the U.S. and has been recognized with over 150 design awards including the ULI’s Award of Excellence. Rich’s work has been recognized in a wide range of national and international publications including The Wall Street Journal, Architectural Digest, Town and Country, Architect, Dwell, Arch Daily and Architectural Record. Rich received his Bachelor of Architecture degree from Cornell University’s College of Architecture, Art and Planning after studies in Berlin and Vienna. EDUCATION PROFESSIONAL REGISTRATIONS SELECT PROJECTS PROFESSIONAL AFFILIATIONS Cornell University College of Architecture, Art & Planning Bachelor of Architecture American Institute of Architects American Planning Association Urban Land Institute, Rec Council - Vice Chair NCARB Licensed Architect California, Colorado, Oregon*, Florida, Maryland*, Montana, Nevada, New York, North Carolina*, Utah, Vermont *Inactive Buttermilk Base Master Plan & Guest Services, Aspen, CO Telluride Transfer, Telluride, CO Snowmass Center, Snowmass, CO Habitat for Humanity - Basalt Vista, Basalt, CO Edgewood Lodge, Lake Tahoe, NV Coral Mountain, La Quinta, CA Wasatch Peaks Ranch, Morgan County, UT Elk Camp Restaurant Complex, Snowmass, CO Treehouse Kids Adventure Center, Snowmass, CO Brasada Ranch, Powell Butte, OR Habitat for Humanity RFV Affordable Housing, Rifle, CO Obermeyer Place, Aspen, CO Snowamss Base Village, Snowmass, CO PlumpJack Squaw Valley Inn, Olympic Valley, CA Moonlight Basin, Big Sky, MT Bay Clubs, Northern & Southern, CA Griffin Club, Los Angeles, CA Palmetto Point Residence, Barbuda, West Indies Wilderness Club, Lincoln County, MT Hayden Lodge, Snowmass, CO Swaner EcoCenter, Park City, UT Chalalan Eco-Lodge, Bolivia Peninsula at St. Kitts, St. Kitts-Nevis Numerous Private Residences 5.1.D DESIGN CAPABILITIES: PROJECT TEAM 541 5.1.E PROPOSED CONSULTANTS | ENGINEERS The City of Aspen’s vision for the Armory Hall remodel/reuse speaks clearly to a highly sustainable and energy efficient building with the centerpiece of this focus being a flexible community hub for a diverse range of people. We typically work with our clients to develop a process for the selection of our consultants on a project. Given the requirements of the RFP, we have assembled a team of experts we believe can add value to the project and best help us successfully elevate the Armory Hall remodel and reuse to meet the needs of the community. If for any reason one of these team members are not the right fit for the City of Aspen or Armory project, we are open to re-selecting a consultant for a given scope of work. Consultant qualifications and resumes can be found in the Appendix included at the back of this document. MEP Engineers REG Structural Engineers KL&A Civil Engineers Roaring Fork Engineers Technology/Life Safety BG Buildingworks Lighting Design LS Group Land Use Design Workshop Public Outreach Design Workshop Landscape Architecture Design Workshop Historic Rehabilitation The Collaborative Development Consultant Immersed Group | Meriwether Operational/Restaurant Ricca Design Studios Kitchen/Menu/Energy Frontier Energy Sustainability Group 14 Waterproofing Budgeted for - not yet selected TBD Spec Writer Budgeted for - not yet selected TBD Code Budgeted for - not yet selected TBD 542 5.1.E PROPOSED CONSULTANTS | ENGINEERS 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Week Jeremy Kittelson Principal $300 0 $0 0 $0 Lona Homersham Director $200 0 $0 0 $0 Carly Mazle Project Manager $170 0 $0 0 $0 Zoe Beauchamp Revit Associate $140 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 $0 $0 $0 Total RICCA Fee $'s per Week $0 $0 Total RICCA Fees $'s Per Phase December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 RICCA $29,920 time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Culinary Desgin Part 3 $24,930 $0 $34,900 Approval Recordation Part 5 Construction DocumentDesign Development Part 4 May 2024 June 2024January 2024 Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 Ricca Design Studios is an international foodservice design firm headquartered out of Denver, Colorado specializing in front and back-of-house design for all food service-related spaces. With over 50 years of experience and a global footprint on all seven continents, Ricca Design Studios understands the importance of creating spaces that blend with the aesthetic intent, while allowing guests to enjoy and appreciate a distinctive culinary experience. Having projects all over Colorado, including Aspen and other mountain towns, we intimately comprehend the needs and distinct characters of these communities, bring- ing a localized touch to our global expertise. Pioneers in sustainable culinary design, we proudly hold the distinction of being the first LEED-certified culinary design consulting firm in the United States. Setting benchmarks in sustainable, energy-efficient kitchen designs, our understand- ing of net-zero and electrification planning assures the preservation of historical building integrity in every renovation. Our unwavering commitment to environmental stewardship fuels innovative, sustainable solutions within foodservice design. Embracing the challenge of historic renovations with a food hall component, our understanding, drawn from the RFP and market analysis, envisions 2-3 concept-driven spaces requiring exhaust hoods, a ventless concept, and a vibrant bar. Rooted in fun and community, these concepts prioritize affordability and adaptability, designed to evolve seamlessly into new and diverse culinary experiences. With the absence of an Operator on board, Ricca will provide our expertise, guidance, and leadership in program- ming, concepts, operational structure, and affordable menu planning. Our planning practice is led by former Operators with a boots-on-the-ground approach to analysis and planning. We understand that great solutions come from focused, collaborative work. Drawing from our extensive experience and our firm’s commitment to marry form with function, we blend proven concepts with cutting-edge innovations and the latest culinary technologies. Guided by a collective background enriched with deep operational insights, we design spaces that are attractive and prioritize functionality and guest-centric experiences. At the heart of our process is the value we place on the relationships with our clients and design team partners. We under- stand that every successful project is based upon intently listening and collaboration with our design team and stakeholders. We are passionate about foodservice design and our role as trusted guide through the life of the project and beyond. We are grateful for the opportunity to provide a proposal for this amazing project and look forward to being part of the team. FIRM CONTACT Name: Jeremy Kittelson Principal Address: 5613 DTC Pkwy, Suite 100 Greenwood Village, CO 80111 Phone: 303.495.9925 Email: jkittelson@ricca.com Website: www.ricca.com Sawmill MarketSawmill Market SCOPE Food Service Design 6 weeks 0 public 6 weeks 0 weeks 0 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Week Todd Bell Sr Program Manager $214 3 $642 $0 6 $1,284 Mark Duesler Program Manager $178 3 $534 $0 5 $890 Karen Ravipaty Administration $80 1 $80 $0 1 $80 Edward Ruan Engineer $168 0 $0 $0 4 $672 Michael Slater Engineer $168 0 $0 $0 5 $840 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Frontier Energy Fee $'s per Week $1,256 $0 $3,766 Total Frontier Energy Fee $'s per Phase December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 Frontier Energy time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Food Service Operation Facility Design Support Part 3 Part 4 $7,536 $0 $22,596 Approval Recordation Part 5 Construction DocumentDesign Development May 2024 June 2024January 2024 Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 As leaders in the commercial food service (CFS) energy efficiency Frontier Energy staff have helped over 3,000 commercial food service kitchens achieve energy savings. The CFS team provides energy audits and facility design support to industry stakeholders from business operators to kitchen design- ers. Frontier Energy engineers operate a robust ISO accredited appliance testing laboratory which is at the forefront of evaluating the energy and water use of all types of major cooking, ware washing and kitchen ventilation equipment. This testing informs energy efficiency labeling programs like the EPA’s ENERGY STAR® program and national electric and natural gas utilities’ rebate programs for energy efficient CFS equipment like the California Energy Wise Instant Rebate Program. • For this project, Frontier Energy will collaborate with the project’s kitchen architect/designer and other project stakeholders, and will contribute technical support by providing energy use, operating cost, production capacity and practical operating information for the electric cooking equipment considered for the food service operations. • Additionally, Frontier Energy will provide technical guidance for the specification of energy and water efficient ware washing equipment to help minimize hot and cold water demands in the dish rooms • Lastly, through best practice recommendations Frontier Energy will support the design of energy efficient kitchen exhaust systems optimized to ensure capture and contain of cooking effluent or identify ventless cooking appliances or recirculating hood technologies appropriate for the food service operations within the space. FIRM CONTACT Name: Todd Bell Sr. Program Manager Address: PO Box 530293 Atlanta, GA 30353-0293 Phone: 510-444-8707 Email: tbell@frontierenergy.com Website: www.frontierenergy.com SCOPE Food Service Operation Facility Design Support Customer Induction Cooktop DemonstrationAll Electric Large Corporate Campus Kitchen 543 5.1.E PROPOSED CONSULTANTS | ENGINEERS 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $/Week Doug Winter Vice President Operations $600 2.5 $1,500 0 $0 Immersed / Meriwether Development and Operational Consultant - Will work with our returant consultant to examine the financial feasibility of the concepts and provide day to day operational expertise Enhanced Schematic Land Use Application Design Development Approval Recordation Part 1a and 1b Part 2 Part 3 Part 4 September 2024 Construction Document Design and Review time per staff person per week not provided for this phase of work - see Part 5 January 2024 June 2024 June 2024 December 2024 $0 $0 May 2024 December 2024 September 2024 December 2024 December 2024 time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see Total Fees $'s Per Phase $30,000 $0 $0 We deliver experiences as spectacular as your location. Each of our real estate operations seeks to create an inclusive and inviting community for all generations seeking an adventurous and restorative lifestyle. From our culinary offerings to our curated experiences, like-minded people can connect, refresh, and have fun together. Our vibrant mixed-use, commercial projects generate higher levels of amenity usage and, consequently, greater returns for developers and owners. Immersed Group, the operating arm of Meriwether Companies, is the go-to partner for extraordinary real estate developments. We bring your dream of an exceptional destination to life, combining play, performance, and wellness. Doug Winter, VP of Operations for Immersed Group and Meriwether Company, will be the point person working with CCY and the City of Aspen on the proposed Armory reuse project. Meriwether, through its operating affiliate, Parlor, has pioneered an industry-leading food hall concept with locations in Kansas City and Oklahoma City. We strategically focus on creating and managing additional venues under the Parlor platform, leveraging our team’s expertise in this specific F&B segment. We look forward to providing a study report for the Aspen Armory project, enabling the City Council to evaluate the most sensible operating model for the city and greater community. This evaluation will be based on the projected return on investment and any subsidy that may be required to operate the building. FIRM CONTACT Name: Doug Winter Vice President of Operations for Immersed Group and Meriwether Company Address: 2235 Broadway Boulder, CO 80302 Phone: (303) 408-1990 Email: dwinter@meriwetherco.com Website: www.meriwetherco.com/ operations/ PARLOR - Kansas City SCOPE Food Hall | Mixed-Use Development Consultant 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Wee k Lauren McNeill/Libby ColemTeam Leader Sr. Eng III $212 40 $8,480 0 $0 TBD Engineer II $144 40 $5,760 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Group14 Fee $'s per Week $712.00 $0 $510.86 $0 $7,728 Total Group14 Fees $'s Per Phase December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 Group14 Engineering $0 $7,728 time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Sustaiability Consulting and Energy Modeling Part 3 $14,240 $0 $7,152 Approval Recordation Part 5 Construction DocumentDesign Development Part 4 May 2024 June 2024January 2024 Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 Established in 1992, Group14 Engineering is a 65+ person consulting firm committed to improving the energy and resource efficiency of buildings. Group14’s suite of services offers resource efficiency solutions across the life-cycle of a building portfolio. We are a recognized authority in sustainable design, energy efficiency, building commissioning, LEED and other third party certification project management. We offer a unique combination of energy design assistance, commissioning of new and existing facilities, and ongoing monitoring of buildings with advanced software analytics. Our firm has completed a number of projects in mountain communities, including 10+ in Aspen, Colorado. The team we’ve assembled brings specific expertise and previous experience aligned with this project; see bullet points below for more details. Laura Charlier is Group14 Engineering’s sustainability team leader. She oversees all Group14’s services related to green building rating systems and embodied carbon analysis including our work on GSA Building 48 – a net zero adaptive reuse project. Lauren McNeill is an experience charrette facilitator and will help the owner and design team align on sustainability goals for the project. She has helped to certify over 100+ LEED projects to date and is presently the project manager for Aspen Distillery, a project seeking the Living Building Challenge in the Roaring Fork Valley. Lauren specializes in building materials with focus on human health, biophilic design principles, and environmental impacts including embodied carbon. Libby Coleman is a professional engineer and senior energy modeler for Group14 Engineering. She specializes in electrification & energy code compliance as evident in her work with City of Denver’s Climate Action Sustainability & Resiliency (CASR) team to develop a Net Zero Energy Resource Hub. FIRM CONTACT Name: Laura Charlier Address: 1325 E. 16th Ave. Denver, CO 80218 Phone: 720-382-1754 Email: lcharlier@group14eng.com Website: group14eng.com SCOPE Sustainability Engineering Aspen Distillery IMMERSED | Meriwether 544 5.1.E PROPOSED CONSULTANTS | ENGINEERS 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Week August Hasz Principal Engineer $250 3.5 #$875 5.7 #$1,429 Zack Gustafson Senior Project Eng $190 3.5 #$665 5.7 #$1,086 TBD Project Engineer $165 7 #$1,155 0 $0 TBD Engineering Drafter $130 3.5 #$455 0 $0 $0 0 $0 $0 1 $0 $0 $0 $0 $0 Total REG Fee $'s per Week $3,150 $2,514 $8,765 $0 $7,193 Total REG Fees $'s Per Phase December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 REG $0 $115,080 time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below MEP Engineering Part 3 $63,000 $17,600 $122,706 Approval Recordation Part 5 Construction DocumentsDesign Development Part 2 Part 4 May 2024 June 2024January 2024 Enhanced Schematic Part 1a and 1b Land Use Application Design and Review REG will be providing Mechanical, Electrical, and Plumbing Engineering, documentation of the lighting design and energy modeling for system sizing. Our experience spans remote back country huts, complicated historic renovations, municipal buildings, performing spaces, 5-star island resorts, downtown projects with zero lot lines and modern luxury residences. We have the experience and skills to bring a highly coordinated project from design to completion. Previously REG has provided mechanical engineering for the council space within the current Armory Hall, as well as having provided an energy audit of the project along with other build- ings in the City of Aspen portfolio. The City of Aspen has worked closely with REG during our MEP engineering of the Wheeler Opera House remodel for all new HVAC systems throughout and remodeling of the offices and restaurant spaces. We have worked closely with Town Staff in a variety of consulting roles over the last twenty years, most recently as technical advisor for energy code updates and to provide a completely overhauled REMP calculator tool to be adopted into the building code process. Our experience working in Aspen is extensive and includes popular dining and catering projects at the Whitehouse, Ajax Tavern, The Little Nell, Limelight Hotel, Aspen Institute Reception Building, Doerr Hosier Center, and Matsuhisa. We live and breathe energy efficiency, and specialize in designing mechanical and structural systems to achieve aggressive energy goals. In addition to nuts-and-bolts design work, we do computerized building simulation¬—often with our own tools developed in-house to get more accurate results than commercially available tools. We are also active in fieldwork such as com- missioning, re-commissioning, energy auditing, and general troubleshooting to make buildings run better. Our track record renovating historic buildings in Aspen to create state-of-the-art high-performance buildings will provide this team with the experience to achieve the City of Aspen’s aggressive energy goals. FIRM CONTACT Name: August Hasz, President & Principal Address: 426 Belleview Ave, # 201 Crested Butte, CO Phone: 970.713.0984 Email: hasz@reginc.com Website: www.reginc.com Wheeler Opera HouseWhite House Tavern Aspen SCOPE MEP Engineering KL&A Engineers and Builders started in 1994, from the outset a firm that included structural engineers, detailers, and construction managers with the intent to integrate the design process seamlessly with the construction process, starting with steel structures. This vertically integrated process infused our thinking, and when we designed heavy timber, (in our very first project), we naturally worked early with fabricators and erectors to bring economy and elegance to the design. In 2014, after the completion of the Aspen Art Museum, we committed wholeheartedly to a low carbon design ethic. With an office in Carbondale, Colorado, KL&A has extensive experience in the Roaring Fork Valley, many of those projects in collaboration with the CCY team. KL&A performed the historic structural assessment of the Aspen Armory project and is familiar with the complex history of the building. KL&A’s local presence lends to their value on the project, being available for any needs during the construction services phase of the project and has experience on various historical projects in downtown Aspen including Hotel Jerome and the Wheeler Opera House. SCOPE Structural Engineering FIRM CONTACT Name: Dan Doherty, PE Principal & Senior Project Manager Address: 215 North 12th St, Unit E, Carbondale, CO 81623 Phone: 970.927.5174 Email: ddoherty@klaa.com Website: www.klaa.com Wheeler Opera HouseAspen Armory 545 5.1.E PROPOSED CONSULTANTS | ENGINEERS FIRM CONTRIBUTIONS SUMMARY BG Buildingworks offers a comprehensive suite of technology services designed to enhance the functionality and integration of building systems. Their expertise in Building Technology Systems encompasses a broad spectrum of services, starting with the provision of detailed technology systems specifications and drawings. This foundational aspect ensures all installations and designs comply with industry standards and best practices. BG Buildingworks also excels in coordinating service requirements with local providers and aligning with the preferences of Owner-selected Technology Equipment Vendors, ensuring a seamless integration of technology within the building’s infrastructure. Their services are diverse and specialized, covering areas such as Structured Cabling Systems, Wide Area Communications Systems, Audiovisual Systems, and Electronic Safety & Security Systems. These services range from designing layouts for voice/data/television devices, specifying and laying out wireless AP locations, to more complex tasks like creating Emergency Responder Radio Communications Systems (ERRCS) and cellular booster systems. BG Buildingworks also specializes in the design and implementation of comprehensive audiovisual systems, including background and foreground music systems, conferencing and event setups, and digital signage. Additionally, they offer cutting-edge solutions in security, like designing camera monitoring systems, access control systems, and intrusion detection systems. Alongside these services, BG Buildingworks provides predictive WiFi signal modeling, including heat mapping for optimal access point placement, and works closely with WiFi Equipment Vendors to ensure top-notch wireless connectivity across the building, including guest rooms and designated exterior areas. SCOPE: Tech. Services FIRM CONTACTName: Jeremy Barndt Address: 222 Chapel Place, Suite AC-201, Avon, CO 81620 Phone: 970.949.6108 Email: jdbarndt@bgbuildingworks.com Website: bgbuildingworks.com St. Mary’s Catholic Church Hotel Jerome 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Week Eric Rubottom Partner in Charge $257 2 $514 0 $0 Jeremy Barndt Tech Designer $232 14 $3,248 0 $0 Jonathan Snyder BIM Manager $140 5 $700 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total BG Fee $$4,462 $0 $14,825 $0 $13,900 September 2024December 2024June 2024 BG Buildingworks time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Technology Consulting and Predictive Heat Map Part 3 December 2024December 2024 Approval Recordation Part 5 Construction DocumentDesign Development September 2024 Part 4 May 2024 June 2024January 2024 December 2024 Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 OFFICE LOCATIONS COLORADO NEW MEXICOALBUQUERQUE7007 Wyoming Blvd. NE, Ste. F-2Albuquerque, NM 87109 AVON222 Chapel Pl., Unit AC-201Avon, CO 81620 FORT COLLINS251 Linden St., Ste. 200Fort Collins, CO 80524 DENVER1626 Cole Blvd., Ste. 300Lakewood, CO 80401 Roaring Fork Engineering, Inc. (RFE) is a Civil Engineering firm located in Carbondale, Colorado. Established in 2012, RFE offers services in utility capital improvement planning, design (drainage, land development, transportation, water and wastewater treatment and conveyance), and construction management. RFE’s management team have over 50 years of combined experience in planning, design, and construction experience in the Roaring Fork Valley and the Western Slope. We are currently the on call engineer for Carbondale, Basalt Sanitation District and Brush Creek Metro and have a deep understanding of municipal design and contracting practices in the region. RFE thinks differently about civil engineering in rural Colorado. RFE’s mindset is to provide innovative, sustainable solutions that protect and enhance the natural world while bringing a positive difference to the people and communities where we live, work, and play. We work smarter, faster, and are forward thinking. RFE believes our clients are our valued partners and our client’s goals, business, and future are paramount in our designs and our success. RFE’s professional client relationships are our greatest assets. We gain a significant portion of projects from repeat clients due to our responsiveness, quality of work, and personable relationships with those with whom we work with. RFE will always strive to provide premier value, design, and engineering services to our clients. Roaring Fork Engineering can bring value to the project due to a deep understanding of the City of Aspen standards and familiarity with the processes. RFE has completed several major City projects in the last 5 years, from land use through permitting and completion. We are currently working on the Lumberyard Project for City’s Assets and are familiar with the City staff to collaborate with. As part of the City Offices Project, RFE has reviewed the site, gaining a high-level understanding of the challenges of the Armory. Creative ways to bring a Historic Building structure into ADA compliance and meet the URMP are items we have extensive experience with. FIRM CONTACT Name: Richard Goulding, PE Principal Address: 592 Highway 133 Carbondale CO 81623 Phone: 970.948.7474 Email: richardg@rfeng.biz Website: www.rfeng.biz Pitkin County Ambulance Facility SCOPE Civil Engineering 20 weeks 7 public 4 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Week Richard Goulding Principal $240 0.6 $144 4 $960 4 $960 Danny Stewart Senior Project Manager $213 0.8 $170 3.42857 $730 8 $1,704 Tyler Stevens Project Manager $159 0.3 $48 11.4286 $1,817 15 $2,385 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total RFE Fee $'s per Week $362 $3,507 $5,049 Total RFE Fee $'s per Phase December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 Roaring Fork Engineering time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Civil Engineer Part 3 Part 4 $7,242 $24,552 $20,196 Approval Recordation Part 5 Construction DocumentDesign Development May 2024 June 2024January 2024 Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 546 5.1.E PROPOSED CONSULTANTS | ENGINEERS Design Workshop has called Aspen home for more than 40 years, having completed more than 280 public and private projects throughout the Roaring Fork Valley. With notable projects such as the Aspen Pedestrian Mall, the Aspen Area Community Plan, the City of Aspen Moratorium, the Aspen Police Station, the Aspen City Offices, and the Aspen Facilities Master Plan, we have helped shape the foundation of the city. Additionally, we are very familiar with the Aspen Armory Hall. Design Workshop completed the Aspen’s Armory Market Analysis in October 2023 to understanding the market and financial feasibility of different use options for the Armory through stakeholder interviews, current conditions analysis and financial modeling. COMMUNITY ENGAGEMENT - Since the first ‘Workshop’ in 1969, the firm has continued to innovate with each generation, leading clients through changing economic and environmental conditions in the pursuit of performance-driven design. We take community involvement seriously on all our projects, offering the following important benefits to our clients: • Ensure all stakeholders have a voice in the public conversation by identifying the geographic, demographic, and interest groups that make up the community. • Provide clear and timely communication to all interested citizens by understanding outreach issues and design approaches that meet the community’s needs. • We ensure that public involvement is meaningful to the community by understanding and focusing on the key issues the community faces. • We create implementable actions by navigating the community to a consensus position. In order to seamlessly and efficiently encourage community participation, we utilize a variety of facilitation techniques. Community engagement is a critical aspect of the Armory project. We will prepare a Plan and Schedule for effective public engagement, referred to as Community Engagement Plan, to build on the success of the city’s previous efforts. We will work with staff to categorize the groups and individuals that have been identified as key stakeholders that should be engaged in the process. We will monitor stakeholder engagement and strategic touchpoints throughout the process to track engagement and metrics. Updates and review of the tracking system, and engagement with targeted stakeholder groups will be assessed at key milestones during the project to ensure adaptability and efficacy of stakeholder engagement. FIRM CONTACT Name: Jessica Garrow Principal Planner Community Engagement Specialist Address: 22860 Two Rivers Rd #102, Basalt, CO 81621 Phone: (970) 925-8354 Email: jgarrow@designworkshop.com Website: designworkshop.com SCOPE Community Engagement Site Planning Land Use Preparation Landscape Architecture LAND USE + STRATEGIC SERVICES - Design Workshop developed an in-house market and economic analysis team, in 1990 Their professionals hold degrees in Business, Real Estate and Finance that expands their expertise to include market research and analysis, feasibility studies, strategy development, implementation advisory and other custom assessments that augment the value and experience for their clients as they navigate land use decisions. The Strategic Services team assists clients in identifying and implementing solutions that enable their real estate assets to better support their financial strategies and land use vision. The best physical plans grow from market demand, and the most sustainable projects are based on realistic analyses of social, economic, fiscal and environmental impacts. Embedding market realities into planning and design solutions allows DesignWorkshop to help clients address the economic benefits and risks inherent in development and conservation, often balancing these forces to resolve conflicting priorities. Given the Armory Hall’s designation on the Aspen Inventory of Historic Sites and Structures and location in the Commercial Core, an HP Major Review will be required, pursuant to Chapter 26.415 in addition to a Commercial Design Review, pursuant to Chapter 26.412. Design Workshop will work directly with the project team to ensure architectural and site planning meet the requirements of these design-based reviews. *DesignWorkshop’s full scope and fee descriptions can be found in the Appendix included at the back of this document. 20 weeks 32 Weeks 14 weeks 4 weeks 16 weeks Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Wee k Hours/ Week Fee $'s/Wee k Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Week Jessica Garrow Principal Planner CE $275 3.4 $935 3.90625 $1,074 $0 7 $1,925 Darla Callaway Principal LA $275 0.7 $193 $0 1.92857 $530 $0 Ashley Hejitmanek Historic Preservation $200 0.7 $140 0.4375 $88 $0 $0 Max Guzzetta Project Manager $175 5.2 $910 3.46875 $607 3.42857 $600 14 $2,450 Leen Elharake Planner - CE $110 7.75 $853 4.375 $481 4 $440 12 $1,320 Total DW Fee $'s per Week $3,030 $2,250 $1,570 $5,695 Total DW Fees $'s Per Phase Part 1a and 1b Land Use Application Design and Review Part 2 May 2024 June 2024 DesignWorkshop January 2024 $60,600 $72,000 $21,985 Approval Recordation $22,780 Enhanced Schematic December 2024December 2024 Part 5 Construction DocumentsDesign Development September 2024December 2024 September 2024December 2024June 2024 time per staff person per week not provided for this phase of work - see proposed fee below Community Engagement, Site planning, Land Use Preperation Part 3 Part 4 547 5.1.E PROPOSED CONSULTANTS | ENGINEERS 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Wee k Hours/ Week Fee $'s/Wee k Sarah Erickson Principal / Partner $275 0.5 $138 1 $275 Elise Streeb Principal / Partner $275 0.25 $69 0.25 $69 Kristen Kordecki Miller Director $225 0.5 $113 0.75 $169 Radhika Kalra Lead Designer $195 0 $0 1.5 $293 Noah Scott Designer $150 0 $0 1 $150 Lin Pizzo Designer $150 0 $0 1.5 $225 $0 $0 $0 $0 Total LS Fee $'s per Week $319 $1,180 $15,000.00 $0 $19,800 Total LS Fees $'s Per Phase Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 Part 4 May 2024 June 2024January 2024 $6,375 $8,260 $15,000 Approval Recordation Part 5 Construction DocumentsDesign Development LS Group $0 $19,800 time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Lighting Design Part 3 December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 LS Group provides best-in-class lighting design that elevates any architecture or interior design project. We’re an established, woman-owned lighting design firm that employs a creative, purpose-driven and collaborative approach to lighting and lighting controls. Founded in 2008 in Colorado’s Roaring Fork Valley, we have experience with a wide variety of project types, scales and geographies and are as dedicated to our clients’ success as we are to our own. Our team offers extensive experience that spans multiple project types including award- winning hotels, modern mixed-use development, tech-forward workplaces, community parks and luxury homes. This expertise allows us to streamline the lighting design process by anticipating challenges and mitigating them before they present themselves. Through disciplined coordination with project partners, we ensure that each project’s lighting design is compatible with the architecture and all supporting systems. We ensure that the lighting and lighting control costs are clearly defined and work to create the most stunning designs while staying within the agreed-upon budget. Our close industry relationships with reputable vendors who are committed to cost transparency translate into high-quality design with zero surprises for our clients. What we ultimately install in the space is exactly what the client expects. FIRM CONTACT Name: Elise Streeb Principal / Partner, IALD, LEED AP Address: 525 Basalt Ave, Unit I-300, Basalt, CO 81621 Phone: 303.573.0059 Email: elise@ls.lighting Website: www.ls.lighting Hotel Jerome - Aspen SCOPE Lighting Design 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours Fee $'s Part 1a and 1bb Hours/ Week Fee $'s/Wee k John D Feinberg APTI, Principal $250 24 $6,000 12 $3,000 8 $2,000 Total TCI Fee $'s Part 1a and Part 1b $11,000 $14,000 $14,000 December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 the Collaborative inc. (TCI) time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Existing Bldg Conditions Evaluations, Masonry Conditions Evaluations, Design Cosultant - Historic Asset Rehabilitation Part 3 Approval Recordation Part 5 Construction DocumentDesign Development Part 4 May 2024 June 2024January 2024 Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 Existing buildings have condition issues that must be addressed before they can be reused. Furthermore, such buildings present highly beneficial opportunities for enhancing their reuse. For nearly 50 years we have provided clients with a comprehensive range of historic preservation architecture, site planning, conservation, and technical preservation services. Since 1974, The Collaborative (TCI) has evolved into a recognized international firm with extensive expertise that goes beyond simple condition issues. Our strengths are backed up by technical equipment and laboratory findings. We have deep experience in reuse aspects, such as accessibility compliance, fire codes, life-safety codes, energy codes, and associated building codes, including the development of appropriate creative solutions for these issues. We have the technological capabilities and the know-how to search for all condition problems including complicated ones, confirm their existence, and develop appropriate creative responses to each. TCI has met this challenge successfully on over 2,000 buildings in virtually every state and U.S. Territory and extending into the Caribbean. What Makes Us Different? We find and treat the real problems. • Our depth of experience and knowledge - reduce risks by discovering hidden causes of the deteriora- tion problems, defining the often multiple and interconnected causes, and determining cost effective, appropriate, and long-lasting solutions. • Our technical expertise - In-field testing equipment (including non-destructive), and historic materials laboratory serve to define and quantify the real problems. • We provide accurate and critical information to make informed decisions. Because we provide such a broad range of services, we craft each service to integrate with the next in the typical chronology of a project. Preservation Services: Existing Buildings Documentation, Preservation Architecture, Conditions Evaluations (BER, HSR, Etc.), Feasibility Analysis, Historic Materials Analysis, Laboratory Analysis of Historic Materials FIRM CONTACT Name: John Feinberg Address: 2080 Pearl Street, Boulder, CO 80302 Phone: (303)442-3601 Email: john@thecollaborativeinc.net Website: www.thecollaborativeinc.net Fetz-Keller Ranch, Historic Structure Report, Comprehensive Historic Preservation Plans and Specs, Nat’l Register Nomination, Montrose, CO SCOPE Historic Rehabilitation Plaza-Ilfeld Hotel, Historic Structure Report, Comprehensive Historic Preservation Plans and Specs, Las Vegas, NM 548 5.1.E PROPOSED CONSULTANTS | ENGINEERS 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate TBD Code Consultant tbd Total Fees $'s Per Phase To Be Selected Code Consulting _ To provide preliinary code study at SD, Final Code Study at DD. Updated code study at CD. Advise on existing building code, ADA, and energy code. Enhanced Schematic Land Use Application Design Development Approval Recordation Part 1a and 1b Part 2 Part 3 Part 4 December 2024 September 2024 Construction Document Design and Review time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see Part 5 January 2024 June 2024 June 2024 $4,000 $0 $3,000 May 2024 December 2024 September 2024 December 2024 December 2024 time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see $2,000 $0 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate TBD Waterproofing Consultant tbd Total Fees $'s Per Phase To Be Selected Waterproofing _ Review typical assemblies in DD. Review and comment on 100% DD drawings and 50% CD drawings. Advise on waterprorfing and envelope details questions arise Enhanced Schematic Land Use Application Design Development Approval Recordation Part 1a and 1b Part 2 Part 3 Part 4 December 2024 September 2024 Construction Document Design and Review time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see Part 5 January 2024 June 2024 June 2024 $8,000 May 2024 December 2024 September 2024 December 2024 December 2024 time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see $0 $0 $6,000 $0 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate TBD Spec Writer tbd Total Fees $'s Per Phase $0 $0 $3,000 $0 $5,000 May 2024 December 2024 September 2024 December 2024 December 2024 time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see Part 5 January 2024 June 2024 June 2024 December 2024 September 2024 Construction Document Design and Review To Be Selected Specification _ Write a specification at 100% DD, 90% CD, and update 90% CD spec for 100% CD Enhanced Schematic Land Use Application Design Development Approval Recordation Part 1a and 1b Part 2 Part 3 Part 4 Aspen Art Museum 549 WHAT WE PROPOSE5.2 PROPOSAL ELEMENTS 550 5.2 PROPOSAL ELEMENTS 5.2.A. ACKNOWLEDGEMENT OF SCOPE OF SERVICES The 131 year old historically designated Armory Hall has undergone mul- tiple renovations and retrofits over the past 50 years, including the filling- in of a mezzanine level in the 1970s and the addition of a basement in the 1990s. The current 19,000 sq. ft. building now consists of a basement and three stories. The City of Aspen’s vision for the Armory Hall remodel/reuse speaks to a sustainable and energy efficient mixed-use building which will be a vibrant community hub for a diverse range of people. The final design will maintain flexibility for changes in programming to meet shifting community needs for the next 50 years. The final design will incorporate sustainable and energy efficient building systems and technology, showing a commitment to the environment. In addition, all accessibility and current City of Aspen building code requirements will be met. For the purposes of this proposal, we are assuming the following details about the building’s program and the scope of the project: The primary use of the adaptive re-use of the Armory is a community gathering space anchored by a food hall. It will be operated by a single entity with two distinct food concepts that include a distributed “point of sale” kitchen, each requiring their own lines and ventilation. It will also include two additional concepts that will not require ventilation, for a total of 4 food concepts. A large prep kitchen, ware wash, and receiving area will serve all food outlets. A front of house communal bar will serve the entire facility. Two small retail spaces will be provided. There will also be a “private dining room” that can double as a community meeting space or be leased out for small private events. A large public bathroom facility will serve the food hall and general public special events such as Winterskol, Food and Wine, and the Saturday Farmer’s Markets. The exterior of the building will require full rehabilitation including point- ing the masonry and replacement of the windows. The interior will require a full gut down to the structural frame and the complete replacement of MEP systems. Vertical circulation will be re-designed including stair- ways, service elevator, and public elevator. The historic mezzanine will be re-established at the second level, reducing the overall building area to approximately 14,000 sq. ft. No new addition to the existing building footprint is anticipated within the fees proposed. We anticipate the verti- cal construction costs for the project to be between $1,000 and $1,200 per square foot. Interior fixed finishes, tenant improvements, and FF&E are not included in the current scope of work. The adjacent park will serve as an amenity to the Armory and the design should address a relationship to the park. Any re-design of the park is excluded as it is the purview of the City of Aspen Parks Department. Coordination of the Parks Department’s design may be necessary. Phase 1a, Enhanced Schematic Design, and Phase 1b, Operational Study, are intended to create further clarity for the building’s program and the scope of work required to meet the program requirements. The assump- tions above are intended to create a framework for CCY and the broader design team to provide fees through Phase 5 of the project. If the pro- gram evolves in Phase 1 from our base assumptions (depending on the magnitude of the changes) fees proposed for subsequent phases may be adjusted. Schedule • Part 1a. Enhanced Schematic Design: January – May 2024 (20 weeks) • Part 1b. Operations Study: January – May 2024 (20 weeks) o (2) public City Council work sessions o (1) public engagement event • Part 2. Land Use Process: June 2024 – December 2024 o (3) public City Council meetings o (4) public Historic Preservation Commission meetings • Part 3. Design Development: June 2024 – September 2024 (14 weeks) o (1) public City Council work session • Part 4. Recordation of Approval documents: December 2024 (4 weeks) • Part 5. Construction Documents: September 2024 – December 2024 (16 weeks) Process Part 1a and 1b Enhanced Schematic Design & Operational Study We start every project in earnest with a design charrette. An intensive 3-day work session that gathers the key consultants, members of the City of Aspen’s team and other key stakeholders to collaborate and provide the design team with constructive feedback in real time. With the proper prepa- ration, we are very facile at establishing a vision for the project and testing potential concepts and solutions in an open, highly interactive format. We find that we get more done in a few days than several weeks of a more traditional process. To ensure that we get the most out of the charrette a few key steps need to be completed prior. Information Gathering / Analysis To initiate the project, we will start by getting a thorough download of exist- ing information including surveys, geotechnical studies, previous city approv- als and covenants, and any other information the city can make available that may affect the project. Design Workshop will perform a land use report that summarizes the constraints the land use code places on this parcel. We will 551 5.2 PROPOSAL ELEMENTS work with the client team to develop a preliminary building program. We will begin to search for precedents of similar projects with our consultant team to explore design character and operational approaches that may make sense for the broader team to consider. We will help the City fa- cilitate a contract with a third party for as built drawings to be created for Armory Hall if they do not already exist. We will also spend time working with Design Workshop to conduct a site analysis, that considers access to parking, walkability, solar access, and relationships with neighboring properties. KL&A will update their existing structural analysis as necessary and summarize their previous and any new findings regarding the struc- tural condition of the building. The Collaborative Inc will perform a historic building assessment. The goal of this phase is to learn as much as possible about the challenges and the opportunities that will face the project prior to putting pencil to paper. Programming/Sustainability Goal Setting/Operations Work Session Prior to the design charrette we propose a series of two, one day work sessions with key consultants and members of the City’s team to refine the program and operational model, as well as to set sustainability goals for the project. Various consultants including Immersed, Group 14, Ricca, Frontier Energy, and REG will participate in the work sessions. We under- stand the Design Workshop’s Strategic Services Team has performed a feasibility study for Armory Hall. If the city is interested in Design Work- shop’s Strategic Services Team’s participation in the work sessions DW can provide this service as an additional service. For the programming and operational portion of the work session CCY will lead the discussion with Immersed and Ricca Design Studio. We will evaluate the preliminary building program and the number and types of food and retail concepts that the Armory can accommodate and how that informs seating capac- ity and arrangement. We’ll discuss the various operational models that could exist and how those various models may inform the front and back of house. Additionally we’ll explore how the building needs to be serviced. The sustainability portion of the work sessions will be facilitated by Group 14, the team’s sustainability consultant. The goal will be to establish and commit to achievable goals around energy use, water use, carbon intensity and tracking, and any “big moves” related to the sustainable aspects of the project. Most importantly, we’ll work with the consultants to establish a series of strategies for how to attain these goals. Establishing these priori- ties early and creating a road map for success is important for the design team and the client team to make timely decisions around these topics throughout the design process. Charrette For the Armory Hall charrette, we expect a 3-day charrette with the City of Aspen team, three or four key members of the CCY team, and a repre- sentative from the key consultants on the project. The CCY team works to advance design and then checks in with the stake holders and consultants once, sometimes twice, a day to share progress and receive feedback, allowing us to advance the design options in real time while gaining buy-in from all parties. During the charrette, we will address the overall vision and guiding principles for the project as well as develop the pro- gramming, architectural character, and space planning. We will utilize both freehand sketch techniques and computer generated 3-D modeling to illustrate and evaluate a variety of design options and concepts. By the end of the charrette, we will have established two general concepts, that will be a distillation of many more ideas. Complete Enhanced Schematic Design and Operational Study We will refine the initial concepts developed during the charrette in preparation for a public engagement event and the first of two City Coun- cil Work Sessions. After these two events, it is our understanding that City Council will provide clear direction on which concept CCY and the design team will pursue through the completion of Enhanced Schematic Design. By the conclusion of Enhanced Schematic Design, we will have an estab- lished floor plan, building area, building sections, and exterior elevations. The general operational concept and program will be refined from our earlier work sessions and agreed upon by all parties prior to moving into later phases of work. We will engage with MEP, Structural, Civil, Lighting, Kitchen, and Historic Preservation consultants to ensure the Schematic Design can accommodate the future needs of these various scopes as we move to the later phases of work. Each of these consultants will establish initial systems/scope narratives that incorporate previously established goals around Sustainability, Energy Use, and Brand and Food Concepts. Consultants with drawings required for the upcoming land use applica- tion will provide the drawings required of the required submission. At the conclusion of this phase, preliminary estimates by a yet to be selected General Contractor will be used to establish an initial construction budget. Simultaneously to the completion of Enhanced Schematic Design, Ricca Design Studios and Immersed will be working to develop the required operational study that evaluates the operating costs associated with run- ning the facility. It will provide recommendations on an operating model and provide feedback on the other models considered. The report should provide recommendations on how a future operator could provide afford- able product, including the need for subsidy and how to measure afford- ability over time. The report should be presented in a way that allows the City Council to confirm the recommendations but consider the alternatives that were considered. The report should include case studies that dem- onstrate each of the models considered. A draft of the operations study will be complete for the first City Council meeting in phase 1. Based on feedback from the council the report will be updated, and a final report issued shortly thereafter. After the study is complete these consultants will continue to participate in two to three additional design meetings through phase 1 to inform the design team of the needs of a future operator. Part 2 _ Land Use Process This phase of work is focused on the time required to support the land use review process. Design Workshop will be leading the land use appli- cation and review process with direct support form CCY and other consul- tants on the team as necessary. We have assumed 3 public meetings with City council and 4 with the Historic Preservation Commission. The work and time dedicated to this phase is focused on the administrative work of 552 5.2 PROPOSAL ELEMENTS completing and updating the applications, preparing pre- sentations for public meetings, attending those meetings, and summarizing and responding to the feedback received during the meetings. Given that the schedule of the land use process is concurrent with Phase 3, Design Develop- ment, CCY and our consultants have assumed the time necessary to develop additional information and exhibits for the land use application is accounted for in Phase 1 or phase 3. Part 3 _ Design Development In Design Development we begin to coordinate consul- tant information and building systems while continuing to develop the overall design at a larger, more detailed level. We assume by the beginning of this phase of work the City will have brought on an operator so that decisions affecting the operational plan can begin to be confirmed or edited as necessary early in this phase of work. This step allows Immersed and Ricca’s scopes of work for operational consulting to conclude with the issuance of the operations study and Enhanced Schematic Design in Phase 1. The DD scope of work that CCY and all other consultants complete will be based on the AIA DD Scope of Work per Article 3 of the AIA contract template the city provided with the RFP. Throughout the DD phase there will be weekly design team meetings. We propose that the City of Aspen team partici- pates in every other meeting, rather than every one. This will give the design team an opportunity to work through coordination issues one week and review progress with the City the following week while preserving enough time each week to make good progress on advancing the project. A coordination set will be issued at 50% DD. At or near this milestone we anticipate another work session with Aspen City Council to seek their approval of the progress made. It’s assumed their feedback will be relevant to the phase of work we are in and will represent a refinement of the direction provided at the conclusion of phase 1. In DD our 3-D model continues to get more refined and developed. This will allow us to “tour” the City team through the project in VR to get a sense of the spaces and materials. At the conclusion of Design Development, you will be able to understand the majority of design decisions and the General Contractor can provide a more detailed construction cost estimate. Part 4 _ Approval Documents Recordation Support This phase of work will include the time required to update original PUD documents to reflect any changes made through the City Council approvals process. It also includes the administrative time to coordinate and submit these documents. Design Workshop, the team’s land use planner will administer the submission of the required approval documents. Part 5 _ Construction Documents During Construction Documents drawings and specifica- tions are coordinated and finalized for building permit submission and construction. We provide a comprehensive set of documents and specifications. Prior to the issuance of 100% CD’s the design team will issue progress/coordina- tion deliverables at 50% and 90% complete. Throughout the CD phase there will be bi-weekly design team meet- ings. We propose that the City of Aspen team participates in every other meeting. This cadence will give the design team an opportunity to work through coordination issues one week and review progress and issues with the City as they arise while preserving enough time make good prog- ress on advancing the documents. The CD scope of work that CCY and all other consultants complete will be based on the AIA CD Scope of Work per Article 3 of the AIA contract template the city provided with the RFP. If selected CCY Architects intends to perform the archi- tectural services for The City of Aspen’s Armory Hall. We have reviewed and understand all elements of the RFP and we are willing to enter into a contract under the terms and conditions prescribed by the owner herein. We take no exception to the requirements as described in the RFP with one exception. 1.During the mandatory pre-bid call the City stated that an addition to the building was unlikely. Given this response we have not provided an add alternate for phases 1-5. Enhanced Schematic Design will explore the need for this additional space and the fees proposed for Phase 1 include the possibility of an addition being explored. If City Council selects a design direction which includes an addition, fees will be reviewed and adjusted as necessary at that time. Sawmill Market in Albuquerque, NM 553 Part 1a and 1b Part 2 Part 3 Part 4 Part 5 Enhanced Schematic Design & Operations Study Land Use Application and Review Design Development Aproval Documents and Recording Construction Documents 20 weeks 7 weeks - non consecutive 14 weeks 4 weeks 16 weeks Start Jan 2024 June 2024 June 2024 December 2024 September 2024 Conclude May 2024 December 2024 September 2024 December 2024 December 2024 CCY Architects Partner in Charge Project Manager Project Architect Job Captain Architect / Designer Partner Architecture $325 $210 $210 $165 $145 $325 Design Workshop Principal Planner CE Principal LA Histroic Preservation Project Manager Planner - CE Land Use Planning, Land Use Planning, & LA $275 $275 $200 $175 $110 KL&A Inc Executive Principal Principal in Charge Project Manager Project Engineer Design Engineer Structural Engineering $250 $210 $170 $150 $125 Resource Engineering Group Principal Engineer Senior Project Engineer Project Engineer Engineering Drafter MEP Engineering $250 $190 $165 $130 BG Buildingworks Partner in Charge Tech Designer BIM Manager Associate Technoloogy & Fire and Life Safety $257 $232 $140 $140 The Collaborative Inc APTI, Principal Historic Preservaton Consulting $250 LS Group Principal / Partner Principal / Partner Commercial Projects Dir Lead Designer Designer Designer Lighting Design $275 $275 $225 $195 $150 $150 Group 14 Team Leader Sr. Eng III Engineer II Sustainability $212 $144 Ricca Design Studio Principal Director Project Manager Operational Consulting, Kitchen Consulting $300 $200 $170 Immersed SVP of Operations Development/Operational Consulting $600 Frontier Energy Sr Program Manager Program Manager Administration Engineer Engineer Food Service Operation Facility Design Support $214 $178 $80 $168 $168 Roaring Fork Engineering Principal Senior Project Manager Project Manager Civil Engineering $240 $213 $159 Code Consultant Code Consultant to be selected TBD Waterproofing Consultant Waterproofing Consultant to be selected TBD Specifiaction Consulting Spec Writer to be selected TBD NOTES:Hours per week per phase for part 1 and part 2 for each of our consultants can be found in our consultant summaries Per question asked at the second prebid meeting we have created our own spreadsheet that formats the fee calculations differently than the template provided. This was said to be acceptable Per question asked at the second prebid meeting we have only provided hours per staff person per phase for parts 1 and 2 and provided lump sums for the remaining phases. This was said to be acceptable Reimburable expenses include travel expenses, shipping delivery charges, reproduction /printing, Mark Up on reimbursable expensesand consultants invoiced directly through CCY will be 10% Travel time will be billed as an additional service Fees are based on the proposed schedule reflected in the RFP. Fees assume the durations of each part not increasingnor are there breaks in the work that the schedule does not state. Hourly rates are subject to change based on each consultant's annual raise and promotion policies. The anticipated number of hours are fixed. Interior Design Services not included based on responses to questions from pre-bib meeting that the current scope is for white box/ core and shell. Fees proposed assume no addition to the building and no add alternate for an addition is included in our proposal per question and answer session at the pre-bid meeting Construction Cost Estimating not included per question and answer session at the pre bid meeting. Project team assumes City will contract with this conultant and/or bring on a GC in durning the Enhanced Schematic Design Phase. Team Member 1 Hourly Rates $13,900 $3,000.00 $8,97510.00% Team Member 6Team Member 5Team Member 4Team Member 3Team Member 2 $0 $29,920 $7,728 $19,800 $14,000 $115,080 $40,500 $0 $0 $0 $0 $0 $0 $0$33,750 $122,706 $14,825 $14,000 $15,000 $7,152 $34,900 $0 $80,784$144,840 $30,000 $24,930 $14,240 $6,375 $171,864 $0 $0 $8,260 $26,604.7515.00%$177,365$0$22,780$21,985 $122,430$383,440 $11,000 $4,462 $63,000 $33,750 $0 $17,600 $0 $0 $29,120 $72,000$60,600 $36,911.103.00%$1,230,370$363,000$46,000$315,500 $0.00 $5,850.0015.00%$39,000 10.00% $397,488 $30,000 $89,750 Total Fee $2,563,233$619,928$68,780$696,198$392,154 $3,000$0$0 $108,000 2.00%$2,160 $1,6595.00%$33,187 $5,000 $9,000 $786,173 $0 $0 $6,000 $0 $8,000 $4,000$0$2,000 $8,000$5,000$0 $14,000 Reimbursable Expenses Total Fee Estimated reimbursable expenses Estimated reimbursable expenses as a percentage of fee $3,000$0 $318,386 $49,435 0.00% $7,536 $0 $22,596 $30,132 5.2.B FEE WORKSHEET 554 5.2.C DETAILED SCHEDULE Part 1A and 1B • Week 1: Start work - Information gathering by CCY, and Design Workshop, existing structure analysis by KL&A • Week 3: Programing/Operational/Sustainability work session with design team and consultants • Week 4: Programing/Operational/Sustainability works session #2 (if deemed necessary). Final Charrette preparation, including base graphics for design work • Week 5: Charrette – Design kickoff including design team and City/client group representatives • Week 8: Issue draft Operations Study • Week 10: Begin public outreach and first City Council work session • Week 12: Public engagement event • Week 15: Issue final Operations Study • Week 16: Second City Council Work session • Week 20: General Contractor and Operator selected by City/client group • Week 20: Issue Enhanced Schematic Design package. Submit Land Use Application. Part 2 Schedule to be refined in conjunction with City of Aspen Staff in order to develop an ap- proach that appropriately accommodates other demands placed on City Council. Meet- ings and associated work will be performed concurrently with Part 3 and Part 5. Part 3 • Week 1: Design Development kick off meeting, including design team and engi- neering consultants • Week 1: General Contractor starts Schematic Design pricing • Week 2: Land Use Application deemed complete • Week 4: General Contractor issues SD pricing estimate • Week 7: Issue 50% Design Development coordination set • Week 8: Aspen City council progress work session. • Week 14: Issue 100% Design Development drawings Note: schedule does not indicate anticipated weekly coordination meetings with consultant group, and biweekly check-ins with City of Aspen team. Part 4 Work will begin once land use approvals are complete and will be completed concurrently with the work performed in Part 5. Part 5 • Week 1: Construction Documents kick off meeting, including design team and engineering consultants • Week 1: General Contractor starts Design Development pricing • Week 6: General Contractor issues DD pricing estimate • Week 7: Issue 50% Construction Documents coordination set • Week 14: Issue 90% CD (final) coordination set • Week 16: Issue 100% CD drawings Note: schedule does not indicate anticipated weekly coordination meetings with consultant group, and biweekly check-ins with City of Aspen team. 5.2.D Design Process Coordination and Quality Control Throughout the progression of design and documentation, we will hold weekly coordina- tion meetings with the design team to promote a linear design process. Drawings will be issued at indicated “milestones” for in depth review and coordination. In addition, the City of Aspen team will be engaged in biweekly check-in meetings for design feedback and input on program evolution. 5.2.C DETAILED SCHEDULE 5.2.D DESIGN PROCESS COORDINATION AND QUALITY CONTROL 555 REFERENCES AND CONTACT GARRETT SIMON – Partner | Meriwether Companies Email: gsimon@meriwetherco.com Office: 970.596.6642 Projects: Telluride Transfer, Griffan Club, DAVID CORBIN – Former Senior Vice-President, Planning & Development | Aspen Skiing Company Email: dgcorbin1@gmail.com Projects: Elk Camp Restaurant CHRISTINA CALABRESE – President | Lone Mountain Land Company Email: ccalabrese@lonemountainland.com Office: 406.219.0825 Projects: Moonlight Basin Ulery’s Lake - Lodge BOZ BOSWELL, AIA – VP of Architecture, Design, and Planning | Yellowstone Club Email: boz.boswell@yellowstoneclub.com Mobile: 406.579.1180 Project: Eglise Lodge GERRY ENGLE – Partner | GE Holdings Email: gengle@geholdingsllc.com Mobile: 970.376.0349 Projects: Telluride Transfer, Plumpjack Squaw Valley Inn, Griffin Club, Moonlight Basin Reposition AMY SIMON – Planning Director City of Aspen Email: amy.simon@cityofaspen.com Office: 970.429.2758 MICHELLE HAYNES – Planning & Development Services Director – Town of Mountain Village, CO Former Director of Community Development – Town of Telluride, CO Email: mhaynes@mntnvillage.com Cell: 970.417.6976 Office: 970.239.4061 ---------------------------------------------------------------------------------------------------------------------------------- CCY REPRESENTATIVES + CONTACT Todd Kennedy, AIA - Partner | tkennedy@ccyarchitects.com Rich Carr, AIA - Partner | rcarr@ccyarchitects.com 556 APPENDIX 557 PROPOSAL/AGREEMENT 5613 DTC Pkwy, Suite 100, Greenwood Village, CO 80111 | p. 303.221.0500 | f. 303.221.0600 | www.ricca.com 1 TTHHIISS PPRROOPPOOSSAALL//AAGGRREEEEMMEENNTT mmaaddee aass ooff RREEVV IISSEEDD:: DDeecceemmbbeerr 1155,, 2200 2233 Date: December 13, 2023 Between: CCCCYY AARRCCHHIITTEECCTTSS 228 Midland Ave P.O. Box 529 Basalt, CO 81621 Contact: Todd Kennedy, AIA Phone: 970.927.4925 Email: tkennedy@ccyarchitects.com (hereinafter referred to as “Client”) And: RRIICCCCAA DDEESSIIGGNN SSTTUUDDIIOOSS 5613 DTC Parkway, Suite 100 Greenwood Village, CO 80111 Contact: Jeremy Kittelson Title: Principal Phone: 303. 495.9925 Email: jkittelson@ricca.com or Contact: Laura Mueller Title: Marketing Manager Phone: 303.221.0500 Fax: 303.221.0600 Email: lmueller@ricca.com (hereinafter referred to as “Consultant” or “Ricca”) FFoorr tthhee ffoollllooww iinngg PPrroojjeecctt :: RRIICCCCAA PPRROOJJEECCTT ## 2233444400..FF0000 AASSPPEENN AARRMMOORRYY RREEMMOODDEELL Culinary Design Aspen, CO RICCA DESIGN STUDIOS PROPOSAL TO: CCY ARCHITECTS RE: ASPEN ARMORY HALL REMODEL DATE: 12.15.23 CULINARY DESIGN 5613 DTC Pkwy, Suite 100, Greenwood Village, CO 80111 | p. 303.221.0500 | f. 303.221.0600 | www.ricca.com 2 CULINARY DESIGN - SCOPE OF WORK Ricca Design Studios (Ricca) proposes to provide culinary design services for the Aspen Armory Hall Remodel project located in Aspen, CO. Based on the RFP dated 10/2023, the Conditions Assessment dated 7.19.23, the Market Study dated 11.3.23and additional information received to date, Ricca understands the scope of work to include full-service (Enhanced Schematic Design – CD) for the remodel and redevelopment of a mixed-use project within Armory Hall. Based on the recommendations from the Market Study, Ricca’s scope will include the following: - A full-service casual dining concept - 1-2 quick service concepts - Bar - Main kitchen/storage Please note, Ricca reserves the right to revisit our proposed scope & fee upon completion of Program Confirmation and will adjust for any potential changes to the scope. 1.0 CULINARY DESIGN - SCOPE OF SERVICES Ricca Design Studios will provide the following professional culinary design Scope of Services: 1.1 ENHANCED SCHEMATIC DESIGN PHASE Upon completion of Program Confirmation, Ricca will prepare a schematic plan in digital form providing the location and identification of foodservice elements and equipment while showing critical adjacencies all in preliminary form indicating the flow of personnel and goods. Plans will then be amended as necessary to obtain final approval of the Client and design team. 1.1.1 Program Confirmation Ricca will participate in an initial meeting with the design team and key stakeholders to review the planning work completed to date and confirm participation, mix of venues, services, and dining capacity requirements for the foodservice operations to be included in this project. Upon confirmation of program assumptions, Ricca will develop a detailed foodservice space program, which can include 2-3 options for further review. The selected option will form the basis of design narrative. 1.1.2 Basis of Design Narrative The basis of design narrative will include findings and recommendations for review by the Client. Upon review and approval, the narrative will be adjusted accordingly and will become the basis of design for the project. 1.1.3 Concept Design Upon completion of Program Development and Basis of Design, Ricca will prepare a concept plan providing the location and identification of foodservice elements and critical adjacencies in preliminary form; indicating the flow of personnel and goods. Plans will be amended as necessary to obtain approval of the Client and design team. 558 RICCA DESIGN STUDIOS PROPOSAL TO: CCY ARCHITECTS RE: ASPEN ARMORY HALL REMODEL DATE: 12.15.23 CULINARY DESIGN 5613 DTC Pkwy, Suite 100, Greenwood Village, CO 80111 | p. 303.221.0500 | f. 303.221.0600 | www.ricca.com 3 1.1.4 Foodservice Guidelines for Architects and Engineers Ricca will submit Foodservice Guidelines for Architects and Engineers for the design team’s use in coordinating with foodservice equipment needs and for developing supporting building systems. These Guidelines are based on typical design considerations and best practices within the foodservice industry. 1.1.5 Preliminary Equipment Cost Estimate Ricca will prepare and submit for approval, an order-of-magnitude foodservice equipment cost estimate. This will be based on the project’s space program, schematic plan(s), industry-standard space allocation pricing, current pricing conditions, and our professional experience. 1.1.6 Preliminary Utility Loads Based on the approved schematic design plan, Ricca will prepare bulk MEP utility loads by area for use by the design team’s engineers in developing applicable major system utility requirements. 1.1.7 Schematic Design Submittal Ricca will submit final schematic design documents - as noted above - to the Client for final approval before proceeding to the next phase. 1.2 DESIGN DEVELOPMENT PHASE Upon written approval of the issued schematic design documents, Ricca will proceed with design development phase design, coordination, and documentation that includes the following: 1.2.1 Operator/End-User Equipment Selection and Review Charrette Upon request, Ricca will conduct a design charrette for a detailed examination of plans, sketches, and manufacturer brochures required to obtain final comments and adjustments by the design team. 1.2.2 Foodservice Equipment Plans Ricca will generate scaled 1/8” (1:100) or 1/4" (1:50) equipment plans that provide the location and identification of all equipment and component systems. These plans will include adequate detail for recognition of equipment, as well as a coordinated schedule that will contain equipment item numbers, quantities, and descriptions. These progress drawings will be prepared in digital form and will show sufficient detail for review and approval by the Client, design team and governing agencies. 1.2.3 Equipment Manufacturer Data Book Ricca will draft a foodservice equipment data book for review and final approval by the Client. Data sheets will be marked to include identification of manufacturer, model number, utility requirements and selected options/accessories. The approved data sheets will become the basis for next-phase written equipment specifications. 1.2.4 Equipment Estimates of Probable Costs Ricca will provide an itemized estimate of probable costs for foodservice equipment reflecting the finalized design development equipment plans for approval by the Client. RICCA DESIGN STUDIOS PROPOSAL TO: CCY ARCHITECTS RE: ASPEN ARMORY HALL REMODEL DATE: 12.15.23 CULINARY DESIGN 5613 DTC Pkwy, Suite 100, Greenwood Village, CO 80111 | p. 303.221.0500 | f. 303.221.0600 | www.ricca.com 4 1.2.5 Itemized Utility Loads Ricca will develop itemized MEP utility loads/values reflecting the finalized design development equipment plans. These loads will be keyed to the equipment list, floor plans, and foodservice equipment brochures defining utility requirements for each piece of foodservice equipment. 1.2.6 Exhaust Hood Requirements Ricca will provide preliminary exhaust hood locations, sizing and specifications to the project architects and engineers. Documents related to exhaust hoods are limited to 1) exhaust and supply duct connection sizes; 2) CFM requirements; and 3) static pressure. It is the responsibility of the assigned project engineers to design and document all building mechanical systems, including sequencing, and supporting the exhaust hoods in a balanced and fully functional manner. 1.2.7 Supplemental Drawings Ricca will provide preliminary supplemental drawings that detail engineered foodservice equipment systems such as a walk-in refrigeration box, and a refrigeration rack system (where appropriate) when specified as a part of the foodservice equipment package. 1.2.8 Design Development Submittal Ricca will submit final design development documents -- as noted above -- to the Client for final approval before proceeding to the next phase. 1.3 CONSTRUCTION DOCUMENTS PHASE Upon written approval of issued design development documents, Ricca will coordinate and prepare construction documentation for solicitation of valid foodservice equipment bids as follows: 1.3.1 Final 1/4" (1:50) Scale Equipment Plans Ricca will generate final 1/4" (1:50) scale equipment plans (based on dimensioned architectural, interior design and engineering plans provided to Ricca as background for work within its scope) identifying equipment and component systems approved for use on this project. These plans will include adequate detail for recognition of equipment, as well as a schedule that will include the item number, quantity, and a brief description. 1.3.2 Building Conditions Plans Ricca will provide building conditions plans that identify building requirements to accommodate foodservice equipment, such as slab depressions, critical clearances, conduit, or sleeve locations, raised pads, unique load-bearing requirements, floor troughs and floor penetrations. 1.3.3 Plumbing/Electrical Connection Plans Ricca will provide plumbing and electrical connection plans that identify size and connection points for water, gas, steam, drains, electrical and other utilities required for the foodservice equipment within our scope of work. 559 RICCA DESIGN STUDIOS PROPOSAL TO: CCY ARCHITECTS RE: ASPEN ARMORY HALL REMODEL DATE: 12.15.23 CULINARY DESIGN 5613 DTC Pkwy, Suite 100, Greenwood Village, CO 80111 | p. 303.221.0500 | f. 303.221.0600 | www.ricca.com 5 1.3.4 Exhaust Hood Requirements Ricca will provide finalized exhaust hood locations, sizing and specifications to the project architects and engineers. Documents related to exhaust hoods are limited to 1) exhaust and supply duct connection sizes; 2) CFM requirements; and 3) static pressure. It is the responsibility of the assigned project engineers to design and document all building mechanical systems, including sequencing, and supporting the exhaust hoods in a balanced and fully functional manner. 1.3.5 Specifications for Bid Ricca will write specifications for bid covering all equipment to be installed within Consultant's scope of work to be included in the overall project bid set. These documents will include foodservice general conditions and comprehensive itemized descriptions for all equipment. NOTE: Ricca’s specifications are written in typical CIS standard format with general conditions referencing current codes and industry standard processes. 1.3.6 Foodservice Equipment Elevations/Sections Ricca will provide foodservice equipment elevations/sections at 1/2” (1:25) = 1’-0” (1:1) scale as required for Client review of all major areas. These elevations will include both manufactured and custom fabricated equipment items - excluding front-of-house decorative finishes/millwork - that is typically detailed by the assigned interior design professional. 1.3.7 Standard Fabrication Details Ricca will generate standard fabrication details for use by the awarded Kitchen Equipment Contractor (KEC) for bidding and development of shop drawing submittals. These details are prepared for design- intent only and are not for use by the fabricator as shop and/or construction details. 1.3.8 Service Counter Detail Documentation Based on detailed sketches, design direction and finish selection by the Architect or its assigned interior designer, Consultant will provide the following: 1.3.8.1 Service Counter Fabrication Details Ricca will generate detailed plan drawings, sections, and elevations in digital form for reference-use in the construction of counters, cabinet work and other millwork details for the serving areas. These drawings are not intended to be used by the fabricator as shop drawings, but to convey design intent and coordination needs in relation to the foodservice equipment only. These drawings shall include coordinated references to interior-designer assigned finish materials, however millwork specifications and schedule of finishes shall be provided by the Architect or its interior designer. 1.3.9 Supplemental Drawings Ricca will provide finalized supplemental drawings that detail engineered foodservice equipment systems such as walk-in refrigeration box and a refrigeration rack system (where appropriate) when specified as a part of the foodservice equipment. RICCA DESIGN STUDIOS PROPOSAL TO: CCY ARCHITECTS RE: ASPEN ARMORY HALL REMODEL DATE: 12.15.23 CULINARY DESIGN 5613 DTC Pkwy, Suite 100, Greenwood Village, CO 80111 | p. 303.221.0500 | f. 303.221.0600 | www.ricca.com 6 1.3.10 Equipment Estimates of Probable Costs Ricca will prepare an itemized estimate of probable costs for foodservice equipment reflecting the finalized construction document equipment plans for approval by the Client. 1.3.11 Regulatory Agency Reviews Ricca will assist its Client and A/E team in their responsibility for preparing documents required for approval by health department/hygiene authorities having jurisdiction over the project. Such assistance will include copies of construction documents and clarification of any questions regarding equipment within its scope of work. As a result of the Client’s submittal, any modifications to the foodservice equipment plans required by such authorities will be provided at no additional fee provided this submittal occurs prior to the assignment of contract to KEC. 1.3.12 Addenda Ricca will prepare and issue required addenda during contractor bidding that can include, but may not be limited to, supplementary drawings and/or specifications. 1.3.13 Bid Assistance and Review Upon request, Ricca will submit a list of foodservice contractors/bidders for Client’s use in bid issuance. Upon receipt of bids, Ricca will assist the Client in a line-item review of all foodservice equipment bids. Ricca will also review and respond to alternates submitted during bidding. 1.3.14 Post-Bid Services After construction documents are completed and approved, any coordination with bidding subcontractors is included in Basic Services. However, any post-bid document revisions resulting from equipment substitutions would be the responsibility of the KEC. 2.0 BIM LEVEL OF DEVELOPMENT (LOD) Ricca Design Studios Revit documentation conforms with LOD 200-400 as defined by BIM Forum 2020, Section E1030.80 21-05 Foodservice Equipment, in the following manner: LOD 200 – Design Development Foodservice equipment will be graphically represented within the model as a generic system, object, or assembly and are easily recognizable based on their function, size, and critical clearance requirements. No individual cost metric will be included in the Revit family, but rather will be provided in a file format separate from the model and coordinated to the tagged model. BIMXP design performance standards are not included in Foodservice documentation. 560 RICCA DESIGN STUDIOS PROPOSAL TO: CCY ARCHITECTS RE: ASPEN ARMORY HALL REMODEL DATE: 12.15.23 CULINARY DESIGN 5613 DTC Pkwy, Suite 100, Greenwood Village, CO 80111 | p. 303.221.0500 | f. 303.221.0600 | www.ricca.com 7 LOD 300–Construction Documents Foodservice equipment will be graphically represented within the Building Information Model as a specific system, object, or assembly accurate in terms of quantity, size, shape, critical clearances, location, and orientation. Utility requirements at the connection will be provided in text format. All pathway design between foodservice equipment, such as refrigeration piping, beverage systems, central CO2/oils, ductwork, or any other such equipment, is not included in Ricca plans and are the responsibility of the MEP engineers. Non-graphic information may also be attached to the Model Element at this level of development. The project origin is defined, and the element is located accurately with respect to the project origin. However, no individual cost metric will be included in the Revit family, but rather provided separately from the model as tagged. No serial numbers or asset management parameters will be included. LOD 400–Construction Documents– Supplementary Components While not used for Fabrication Documents,Ricca will add to the project Building Information Model any detailing, fabrication, assembly, and/or field installation information that we deem necessary for the communication of design intent. The selected Kitchen Equipment Contractor is to provide full Fabrication Submittals based on actual construction techniques used by the vendor. No serial numbers or asset management parameters will be included. 22..11 AADDDD AALLTTEERRNNAATTEE –– OOPPEERRAATTIIOONNSS SSTTUUDDYY 2.1.1 Operations Study The basis of the operations study will include the operating needs of a restaurant or food hall in the Aspen market. The study will specifically evaluate the operational structure for the foodservice operation (one vendor vs. individual vendors, shared back of house vs. individual back of house). Additionally, the study will evaluate and make recommendations on the operations can provide affordable food product, inclusive of the need for subsidy and how to measure affordability over time. Ricca will deliver these results in the form of a narrative and presentation to key stakeholders. 22..22 FFOOOODDSSEERRVV IICCEE OOPPTTIIOONNAA LL SSEERRVV IICCEESS 2.3 CONSTRUCTION ADMINISTRATION PHASE Ricca will assist the Architect and provide the following services for the administration of the foodservice contract documents. For expanded on-site foodservice contract administration services, see additional services (3.0). 2.3.1.1 Service Counter Detail Submittal Review Review of submittals and shop drawings to verify conformance with design intent, specifications, and millwork details. 2.3.2 Shop Drawing Review Ricca will review contractor submittals within the scope of its work with the Client, Operator and awarded Kitchen Equipment Contractor in order-to validate conformance to the construction documents and design intent. RICCA DESIGN STUDIOS PROPOSAL TO: CCY ARCHITECTS RE: ASPEN ARMORY HALL REMODEL DATE: 12.15.23 CULINARY DESIGN 5613 DTC Pkwy, Suite 100, Greenwood Village, CO 80111 | p. 303.221.0500 | f. 303.221.0600 | www.ricca.com 8 2.3.3 Requests for Information Ricca will review and respond to RFIs. This may include coordination and clarification of construction documents, submittals and/or field conditions. All requests for information regarding foodservice equipment and installation will be answered in a timely manner. 2.3.4 Site Inspections Ricca will conduct a site inspection after all areas within the foodservice scope of work have been roughed-in, walk-in boxes are installed, and exhaust canopies are hung as applicable. Ricca will conduct a preliminary, and then a final site inspection, where required after all areas within the scope of work are completed and are ready for occupation, following contractor certification of readiness. This will include an inspection of all foodservice equipment specified under Ricca’s construction documents, as well as a review of related architectural, mechanical, plumbing, and electrical work to determine that the installation is in accordance with Ricca’s construction documents and local health/hygiene codes. Ricca will prepare and issue a written site inspection report noting discrepancies and recommendations for remedy after each visit. 33..00 FFOOOODDSSEERRVV IICCEE AADDDDIITTII OONNAALL SSEERRVV IICCEESS The following services are not included in Basic Services. However, Ricca is pleased to provide them if authorized and confirmed in writing by the Client, and they shall be paid for by the Client, in addition to the compensation for Basic Services. 3.0.1 Post-Construction Record Drawings Based on the General Contractor field redlines, Ricca can provide a final set of foodservice post- construction record drawings indicating all changes made to construction documents throughout the construction and installation phases. This includes all changes to equipment resulting from RFIs, change orders, Client directives and value management exercises. 3.0.2 Pre-Design As-Built Drawings Ricca can produce a set of existing conditions “as-built” drawings prior to the commencement of design work. 3.0.3 Existing Equipment Survey and Report Ricca can survey and inventory existing foodservice equipment for potential reuse as appropriate to this project. This inventory would include digital photographic representation, d imensions, utility information, where available and general equipment condition and recommendation. This service includes a site visit with written report, and may, where appropriate, include a service agency representative. 561 RICCA DESIGN STUDIOS PROPOSAL TO: CCY ARCHITECTS RE: ASPEN ARMORY HALL REMODEL DATE: 12.15.23 CULINARY DESIGN 5613 DTC Pkwy, Suite 100, Greenwood Village, CO 80111 | p. 303.221.0500 | f. 303.221.0600 | www.ricca.com 9 3.0.4 Existing Equipment Report Ricca can review and evaluate received inventory of existing foodservice equipment for potential reuse as appropriate to this project. This inventory shall be provided by the Owner’s engineering/maintenance team and should include digital photographic representation, dimensions, utility information, where available and recent equipment repair history. This service includes a written evaluation of received information. 3.0.5 Dimensioned Floor Penetrations While typically provided by the KEC, Ricca can provide dimensioned sleeve penetration plans for conduit and waste piping from center line of structural steel drawings when requested. 3.0.6 Dimensioned Rough ins While typically provided by the KEC, Ricca can prepare 1/4” (1:50) scale drawings that include complete information on the scope of the construction documents, with references to equipment as provided by others. Please note, this service is for informational purposes only; the drawings are design drawings and not intended to be used in construction. They will be dimensioned for design intent for coordination for trades responsible for identifying final locations of exhaust hood duct collars, stubs, and floor and wall sleeves, for ventilation, plumbing, steam, electrical, refrigeration lines, and concrete base/curb dimensions, as required. 3.0.7 Bid Process Management Ricca can provide management of the foodservice bid process on behalf of its Client. Ricca can prepare and distribute bid documents, including bidder instructions, to prospective foodservice dealer/installer; facilitate a pre-bid meeting; and issue, receive, and level bids for review by its Client. Ricca can also participate in negotiation and award of this project to the foodservice equipment dealer/installer. 3.0.8 Construction Phase Revit Model Management Ricca can provide management and upkeep of the project’s Revit model in regard to foodservice equipment only during the construction phase. This effort includes coordination with architect, engineers and awarded kitchen equipment contractor to assure alignment between field installation and the Revit model. 3.0.9 Revisions to Work Previously Approved Time spent on significant revisions to work previously approved; these revisions include work performed to accommodate cost reductions on the project which were previously approved. RICCA DESIGN STUDIOS PROPOSAL TO: CCY ARCHITECTS RE: ASPEN ARMORY HALL REMODEL DATE: 12.15.23 COMPENSATION 5613 DTC Pkwy, Suite 100, Greenwood Village, CO 80111 | p. 303.221.0500 | f. 303.221.0600 | www.ricca.com 10 4.0 BASIS FOR COMPENSATION The Client shall compensate the Consultant for the scope of work and Scope of Services (Basic Services) provided in accordance with this paragraph 4.0 Basis for Compensation, and the other terms and conditions of this agreement, as follows: 4.1 FEE SCHEDULE FOR BASIC SERVICES Compensation for the services listed in this proposal will be on a fixed fee basis for the previously indicated scope of work and Scope of Services, excluding reimbursable expenses and service of any assigned sub-consultants, and will be invoiced monthly reflecting the work completed during that period. The fixed fee will be broken down as follows: Culinary/Kitchen Areas: Enhanced Schematic Design Phase $ 24,930.00 Design Development Phase $ 34,900.00 Construction Documents Phase $ 29,920.00 TToottaall CCuulliinnaarryy DDeessiiggnn FFeeee:: $$ 8899,,77 55 00 ..0000 AAdddd AAlltteerr nnaatt ee :: Operational Study $ 8,740.00 The above fees include the time associated with eight (8) one-person meetings/trips from Ricca’s Denver, CO offices to the project site and/or Client offices. Please note, Ricca reserves the right to revisit our proposed scope & fee upon completion of Program Confirmation and will adjust for any potential changes to the scope. Note that there are numerous inputs that help us arrive at fees quoted beyond the area estimated to be designed. Our fee iiss ccaallccuullaatteedd aass aa ffiixxeedd ff eeee.. AAnn aaff tt eerr -- tthhee-- ffaacctt ccoonnvveerrssiioonn ttoo aann hhoouurr llyy nnoott--ttoo-- eexxcceeeedd ff eeee ddooeessnn’’tt nneecceessssaarriillyy ttooppsseett aatt tthhiiss qquuootteedd ffeeee.. This proposal assumes a congruent, and not a phased by-area design, or phased document issuance process. 4.2 REIMBURSABLE EXPENSES Reimbursable expenses are in addition to the above fees. Reimbursable expenses include, but are not limited to, items such as airfare, lodging, food, transportation, reproductions, mailings/postage, plot and delivery costs requested by the Client and required in the interest of this project. Invoices shall be submitted at cost plus 10% administrative service fee. Note: Airfares are booked at the lowest fare available at the time of booking. These tickets are generally non-refundable; therefore, if meetings/trips are cancelled after booking, the price of the non- refundable ticket will still be billed and considered a reimbursable expense. Consultant will always attempt to re-use the ticket for Client’s next scheduled meeting or trip, with payment of any change fee required by the airline passed along as a reimbursable expense as well. 4.3 COMPENSATION FOR ADDITIONAL SERVICES Should services beyond those listed under Basic Services be authorized in writing by the Client and agreed to by Consultant, they shall be paid for by Client in addition to amounts due for Basic Services compensation. Such compensation shall be computed either on a lump-sum basis or, on an hourly time charge basis using Consultant's standard current billing rates as listed below after approval of a proposal detailing the same: Principal $300.00/hour Director $200.00/hour Project Manager $170.00/hour Associate $140.00/hour NOTE: Billing rates above are subject to a minimum of 3% increase per year from date of contract approval. 562 RICCA DESIGN STUDIOS PROPOSAL TO: CCY ARCHITECTS RE: ASPEN ARMORY HALL REMODEL DATE: 12.15.23 COMPENSATION 5613 DTC Pkwy, Suite 100, Greenwood Village, CO 80111 | p. 303.221.0500 | f. 303.221.0600 | www.ricca.com 11 4.4 PAYMENT TERMS 4.4.1 Billings Ricca will submit invoices monthly for Basic Services and Additional Services and reimbursable expenses reflecting the work accomplished in the billing period. 4.4.2 Carrying Costs Invoices are due and payable upon receipt. To cover the costs of carrying receivables in excess of thirty (30) days after receipt of Ricca’s invoice, the Client agrees to pay a charge of 2% per month on any portion of its account remaining unpaid. Should it become necessary that an unpaid invoice be referred to Ricca’s attorneys for collection, it is agreed that Client will pay the attorney's reasonable fee for such work as well as any litigation costs. 4.4.3 Payments Withheld Deductions shall not be made from Consultant fees on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the project, other than those for which Consultant is legally responsible, in accordance with these terms and the scope of work and Scope of Services outlined herein. 5.0 INSURANCE Consultant maintains insurance covering claims, which may arise in the performance of the services outlined under this agreement, i.e., errors, omissions or negligent acts for which Consultant may be legally liable. 5.1 Consultant maintains the following insurance policies; should the Client require additional insurance coverage or limits, the expense of same shall be by Client: General Liability: $2,000,000 per Occurrence, $4,000,000 Aggregate Automobile Liability: $1,000,000 CSL for Hired and Non-Owned Automobiles Umbrella Liability: $5,000,000 per Occurrence, $5,000,000 Aggregate Workers Compensation (WC) and Employers’ Liability (EL): WC - Statutory Limits EL - $2,000,000 each Accident, $2,000,000 Disease Policy Limit Professional Liability (Errors & Omissions): $5,000,000 per Claim, $5,000,000 Aggregate 6.0 MISCELLANEOUS PROVISIONS 6.1 STOPPAGE OF WORK Consultant’s income results from the time invested in its professional services. Although Consultant will make every effort to avoid doing so, Consultant may discontinue work when payments exceed sixty (60) days from billing and reserve this action as its right under this contract. 6.2 INTERRUPTION OF WORK Should Consultant’s work for this project be postponed and then re -started for a period exceeding ninety (90) days from the date of written notice to stop work, Consultant reserves the right to renegotiate remaining fees. 6.3 TERMINATION Consultant recognizes Client’s right to terminate this contract at any time. However, in the event of termination of this contract, Client agrees to pay Consultant in full for services performed to the termination date, plus reimbursable expenses and any costs associated with collection of fees. RICCA DESIGN STUDIOS PROPOSAL TO: CCY ARCHITECTS RE: ASPEN ARMORY HALL REMODEL DATE: 12.15.23 COMPENSATION 5613 DTC Pkwy, Suite 100, Greenwood Village, CO 80111 | p. 303.221.0500 | f. 303.221.0600 | www.ricca.com 12 6.4 USE OF CONSULTANT’S DOCUMENTATION The use of Consultant’s documents for purposes other than those defined in the scope of work on this project is prohibited. These documents shall remain the property of the Consultant. The Client shall be permitted to retain copies, including reproducible copies, for information and reference only. In the case of computer-generated documents, only copies of the original version made by Consultant are entitled for use on this project. 6.5 ARBITRATION Claims, disputes, or other matters in question between Consultant and the Client are subject to and will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. If this proposal/agreement meets with Client’s approval, please sign, date, and return one (1) copy to Consultant. This Agreement executed as of the day and year first written above. This Agreement may be withdrawn or amended if not executed within sixty (60) days of the date first written above. RRIICCCCAA DDEESSIIGGNN SSTTUUDDIIOOSS CCCCYY AARRCCHHIITTEECCTTSS ------------------------------------------------------ ------------------------------------ Sean M. Callnin, FCSI By: President Title: Date 563 Qualifications, Resumes & ProjectReferences PREPARED FOR:Nicole Kinsler C C Y A R C H I T E C T Snkinsler@ccyarchitects.com(970) 927-4925 FRONTIER ENERGY, INC.12949 Alcosta Blvd. Suite 101San Ramon, CA 94583 564 Page PB Founded by PG&E and operated by Frontier Energy, the Food Service Technology Center (FSTC) has provided education and outreach to the food service industry for more than 30 years. Frontier Energy conducts outreach to equipment manufacturers and dealers to educate them about the benefits of buying energy efficiency equipment, understand rebate and incentive programs, and provides marketing assistance to dealers. The team also conducts extensive outreach and training with a range of customers from students studying cooking and commercial design to national chains like Starbuck’s and McDonald’s so they understand the importance of choosing energy efficient appliances. Because each utility offers different incentive programs, Frontier Energy created a user-friendly one-stop-shop for California’s four large utilities. The website, caenergywise.com, uses approachable graphics, interactive calculators, a do-it-yourself energy assessment, and design guides to help restaurateurs choose the best equipment for their space. The website also serves as an information hub for seminars, workshops, and webinars. Launched in July 2018, the website currently has more than 1,000 unique visitors a month. Location: Nationwide Client: Multiple utilities Duration: 1987–Ongoing Total Budget: $2 million annually FOOD SERVICE TECHNOLOGY CENTER Contact David Zabrowski 925-359-9180 dzabrowski@frontierenergy.com Partnerships with: utilities, restaurant operators, universities, equipment manufacturers, dealers, trade associations, educators T. Bell - 1 Todd Bell Sr Program Manager P ROFILE Todd Bell is a Sr Program Manager with Frontier Energy’s Commercial Food Service Energy Efficiency Division which operates the Food Service Technology Center (FSTC) located in San Ramon, CA. The FSTC is an equipment testing, and training facility wholly devoted to promoting energy and water efficiency in the commercial food service industry. He is responsible for the FSTC’s on-site energy audit program and kitchen equipment specification development services. These services analyze an existing or planned commercial food service operation’s cooking, exhaust ventilation, refrigeration, water heating and sanitation equipment to identify energy, water, and carbon reduction strategies. E DUCATION • B.A., History, University of California Davis - 1994 F RONTIER E NERGY E XPERIENCE Laboratory Technician (1998 – 2004) • Conducted ASTM standard methods to accurately determine the energy and water use of commercial cooking, refrigeration, ventilation, and ware washing equipment under controlled laboratory conditions. Sr Program Manager (2004 – Present) • Visits commercial food service operations of all types to survey the energy using systems present and identify energy, water, and carbon reduction strategies. • Provides comparative analysis of existing and alternate equipment schedules to determine the energy, water and carbon savings associated with the specification of more efficient makes and models. R ELEVANT P ROJECT E XPERIENCE Large Sporting Complex Multi Food Service Concept Gas to Electric Cooking Equipment Schedule Development (2022): Generated alternative electric equipment schedule and performed comparative energy use analysis Large Corporate Campus Cafeteria Kitchen: All Electric “Kitchen of the Future” Cooking Equipment Specification (2020 - 2021): Equipment schedule review and comparative analysis of electric equipment options, participated in kitchen design charrettes Large Corporate Campus Cafeteria Kitchens: Electric Cooking Equipment Specification & Guidebook Development (2018 - 2019): Conducted onsite equipment inventory, interviewed kitchen operator, and generated alternative electric equipment schedule and performed comparative energy use analysis 565 M. Duesler - 1 Mark Duesler Sr Program Advisor / Chef Consultant P ROFILE Mark Duesler is a Sr Program Advisor with Frontier Energy and is the resident Chef Consultant at the company’s Food Service Technology Center (FSTC) located in San Ramon CA. He is a professional chef and has been involved in the foodservice industry for over 25 years, graduating from the California Culinary Academy in 2004, he has worked in multiple full-service concepts from small family-owned restaurants, volume to multi-course fine dining and chef-driven farm to table concepts. His primary role at the FSTC is the operation of the center’s demonstration kitchen which specializes in showing equipment specifiers innovative and energy efficient cooking technologies. Here, the technical data driven foundation of the FSTC meets with the practical real-world considerations necessary to ensure successful adoption of energy efficient cooking appliances. E DUCATION • A.S., Culinary Arts, California Culinary Academy - 2004 F RONTIER E NERGY E XPERIENCE Sr Program Advisor / Chef Consultant (2016 – present) • Conducts cooking equipment demonstrations for specifiers. • Provides detailed reports summarizing the operational characteristics of innovative and energy efficient cooking technologies and their traditional cooking platforms counterparts. R ELEVANT P ROJECT E XPERIENCE Large Sporting Complex Multi Food Service Concept Gas to Electric Cooking Equipment Schedule Development (2022): Supported alternate electric equipment schedule development and conducted in- person electric cooking equipment demonstrations at the Frontier Energy Food Service Technology Center Large Corporate Campus Cafeteria Kitchen: All Electric “Kitchen of the Future” Cooking Equipment Specification (2020 - 2021): Supported equipment schedule review, interviewed kitchen operators and identified practical innovative electric cooking equipment options Large Corporate Campus Cafeteria Kitchens: Electric Cooking Equipment Specification & Guidebook Development (2018 - 2019): Conducted onsite equipment inventory, interviewed kitchen operator, and provided equipment operational characterization briefs Project References Bree Carter OCVibe ��������������������������������������������������������������� Mobile: 714.393.4198 Email:bcarter@ocvibe.com Project: Large retail, entertainment,��������������������������������������������������������������� ������������������������������������������������������������������������������������������������������� power equ���������������������������������������������������������������������������������������� ���������������������������������������������������������������������������������������� Susan McDonnell, CID, Fe3 McDonnell & Associates Principle Designer 406-206-7266 mcdonnell.susan@yahoo.com www.mcdonnelldesign.com Projects:����������������������������������������������������������������������������������������� ������������gy services have included �������������������������������s focusing on energy efficiency ����������������regardless of fuel source. Many in-person ����������������������s have accompanied these efforts ���������������������������������������ffi����������������� 566 © Frontier Energy – Confidential 1 Proposal for Services Between Todd Kennedy, AIA, Partner CCY ARCHITECTS 228 Midland Ave PO Box 529 Basalt, CO 81621 970-927-4925 ccyarchitects.com And Frontier Energy, Inc. 12949 Alcosta Blvd., Suite 101 San Ramon, CA 94583 Project Name: City of Aspen Armory Hall Reuse Project All Electric Food Service Operations Design Support Project Time Frame: Q1 – Q3 2024 Project Objectives: The main objective of the project is to promote the specification and successful adoption of electric cooking equipment for the food service operations located in the repurposed Aspen Armory Hall. Further, the project will work to develop an energy and water efficient dish room equipment schedule and support best practice design of the kitchen exhaust ventilation systems. Collaborating with the client’s kitchen architect/designer and other project stakeholders, Frontier Energy will contribute technical support by providing energy use, operating cost, production capacity and practical operating information for the electric cooking equipment considered for the food service operations. Additionally, Frontier Energy will provide technical guidance for the specification of energy and water efficient ware washing equipment to help minimize hot and cold water demands in the dish room. Lastly, through best practice recommendations Frontier Energy will support the design of an energy efficient kitchen exhaust system optimized to ensure capture and contain of cooking effluent. Frontier Energy Consulting Agreement © Frontier Energy – Confidential 2 Cost: Flat Fee of $30,130 Scope: Kitchen Design and Equipment Specification Support • Participate in equipment selection meetings before or during the development of the hotline cooking and ware washing equipment schedules and contribute the following respective operating performance information: o Pre-heat Time o Pre-heat Energy o Idle Energy Rate o Cooking Energy Efficiency o Water Consumption o Throughput Performance o Production Capacity • In addition to the above, provide the following information to better inform equipment selection decisions: o Whether the equipment is ENERGY STAR® labeled and/or listed in the qualified products list of the CA Energy Wise utility instant rebate program for energy efficient commercial food service equipment o Comments on other relevant functional attributes of the electric cooking equipment and how it compares to its traditional natural gas fueled counterparts • Conduct interviews of the kitchen operator/management team to learn the following about how the equipment will be operated: o Days of operation per year o Daily on time per day o Average projected amount of food to be cooked per day • Referencing the above learnings and for comparative purposes, estimate the energy and water use for the equipment considered for specification. Report the following: o Annual Energy Use o Annual Water Use o Average Daily Demand o Maximum Demand o Annual Operating Cost o Annual Carbon Emissions o Simple payback based on the incremental cost difference between makes and models considered for specification. • Dish Room: In addition to the ware washing equipment selection support noted above, provide dish room best practice design recommendations to help minimize the hot and cold-water intensity of the ware washing operation. • Exhaust Ventilation Systems: Review and comment on the kitchen exhaust system specifications and cooking equipment layout to identify ways to optimize cooking effluent capture containment and minimize energy use and carbon intensity. 567 Frontier Energy Consulting Agreement © Frontier Energy – Confidential 3 • For reporting purposes, document the equipment performance information and energy analysis in a PDF’d MS Word formatted document with summary tables and brief written discussion to support the equipment selection. Project Cost: • A flat fee amount of: $30,130 o The flat fee includes all labor and direct expense costs associated with the scope of work. o Frontier Energy Personnel: Todd Bell, Sr Program Manager Mark Duesler, Program Manager & Consultant Chef Michael Slater, Engineer Tentative Project Timeline: Commence project 10 business days following the completion of contractual documents and project deliverables completed and provided to client by a date to be determined. Any work out-of-scope of this Agreement will need to be agreed to by both parties in writing. Out of scope work will be billed on a Time and Materials (T&M) basis in accordance with the following rate schedule: Frontier Energy 2024 & 2025 Rate Schedule: Calendar Year Category 2024 2025 President 324 343 Vice President 319 338 Sr. Director 319 338 Director / Principal Consultant 298 316 Sr. Manager / Engineering Manager 265 281 Manager 235 249 Sr. Engineer / Sr. Program Mgr. 214 227 Engineer / Program Mgr. 178 189 Sr. Program Consultant / Sr. Analyst 162 172 Program Consultant / Analyst 141 149 Sr. Program Coordinator / Sr. Technician 119 126 Program Coordinator / Technician 103 109 Program Associate 86 91 Administrative 80 80 All direct costs for out-of-scope work (travel, materials, etc.) will be billed at cost. 568 1 FIRM OVERVIEW 600+ Buildings Commissioned 9M+ Sq. Feet of Building Area Monitored 1000+ Completed Energy Models 300+ LEED Certified Projects OUR CORE SERVICES: Transforming the built environment to realize a more resilient future. INDUSTRIES WE SERVE: Affordable Housing Aviation Government Healthcare Higher Education Hospitality K–12 Lab & Research Multi-Family Housing Office Recreation & Libraries Utilities At Group14 we inspire better buildings that are smarter, healthier, and more cost-efficient through innovative energy solutions. Energy Modeling & Consulting Energy Audits Utility Analysis Electrification of Buildings Our sustainability solutions decrease environmental footprint, maximize savings, and enhance occupant wellbeing. We help building owners protect and grow their investments by ensuring that all building systems are installed and operating properly. Energy Sustainability Commissioning Green Building Certification Corporate Social Responsibility Assessment Embodied Carbon Consulting Climate Change Resiliency Mechanical, Electrical & Plumbing (MEP) Commissioning Enclosure Commissioning Fault Detection & Diagnostics (SkySpark) Measurement & Verification Group14 Engineering is a recognized authority in sustainable design, energy efficiency, building commissioning, building analytics software, and building certification consulting. Our firm has completed a number of projects in mountain communities, including 10+ in Aspen. THE SOURCE HOTEL FOOD + MARKET HALL - DENVER 569 2 RESUMES Laura Charlier, LEED AP BD+C, ID+C PRINCIPAL / SUSTAINABILITY DIRECTOR As the Director of Sustainability at Group14, Laura leads a team of experts to optimize sustainability in the built environment. With over 30 years of experience, she enhances the delivery of design and construction projects. Laura has an extensive understanding of sustainability and green rating system requirements, processes, documentation, and resources. She has experience with multiple sustainability rating systems, including all versions, and rating systems of LEED, Green Globes, CHPS, and WELL Building. ALIGNMENT WITH THIS PROJECT: • Laura is Group14’s Sustainability Team Leader • Laura oversees all of Group14’s services related to green building rating systems and embodied carbon analysis, including our work on GSA Building 48 – a net zero adaptive reuse project Project Experience • Rio Blanco County Historic Courthouse Remodel, Meeker, CO • The Source, Denver, CO • Zeppelin Station, Denver, CO • Candelas Community Center, Arvada, CO • Eagle View Adult Center, Brighton, CO • National Western Center Legacy Building, Denver, CO • Durango Public Library, Durango, CO • Mead Town Hall and Fire Station, Mead, CO • Rifle Library, Rifle, CO • Riverside Library, Evans, CO • Teton County Library, Jackson, WY • Arvada Police Department, Arvada, CO • DEN Airport, Denver, CO Sustainability & Utilities On-Call CCB & CCC East Expansion Great Hall AA & SWA Tenant Fit Outs DEN Fire Station #35 DEN Wally Park DEN A East Ground Loading CEP Concourse Renewal EDUCATION A.S., Occupational Studies, Interior Design, Colorado Institute of Art LICENSES & CERTIFICATIONS U.S. Green Building Council LEED AP BD+C and ID+C 3 RESUMES Lauren McNeill, LEED AP BD+C, LFA, GGP, EcoDistricts AP SENIOR SUSTAINABILITY PROJECT MANAGER Lauren has over 13 years of experience in the sustainable building industry. Her experience includes project management on over 100 LEED projects, two projects pursuing the Living Building Challenge, and a CORE project. Lauren specializes in how buildings can enhance occupant health and wellbeing through red-list free material selection and the incorporation of biophilic design principles. ALIGNMENT WITH THIS PROJECT: • Lauren is an experienced charette facilitator and will help the owner and design team align on sustainability goals for the project • Lauren has helped certify over 100+ LEED projects to date and is presently the project manager for Aspen Distillery, a project seeking the Living Building Challenge in the Roaring Fork Valley • Lauren specializes in building materials with focus on human health, biophilic design principles, and environmental impacts, including embodied carbon Project Experience • Aspen Distillers, Aspen, CO • Rio Blanco County Historic Courthouse Remodel, Meeker, CO • Northglenn City Hall, Northglenn, CO • Denver Wastewater, Denver, CO • Galeton Fire Station, Galeton, CO • Hudson Town Hall, Hudson, CO • MVFD Erie Maintenance Building, Erie, CO • Lochbuie Town Hall, Lochbuie, CO • Lefthand Fire Station, Boulder, CO • Arvada Delta Sector Community Station, Arvada, CO • Denver Fire Station 40, Denver, CO • Swansea Recreation Center, Denver, CO • Westwood Recreation Center, Denver, CO • Montezuma County Courthouse, Cortez, CO • National Western Center Legacy Building, Denver, CO • Zeppelin Station, Denver, CO EDUCATION B.A. Economics, Michigan State University Specialization in Environmental Economics and Public Policy LICENSES & CERTIFICATIONS U.S. Green Building Council LEED Accredited Professional in Building Design and Construction Living Future Accredited & International Living Future Institute Ambassador Certified Green Globes Professional EcoDistricts Accredited Professional 570 4 RESUMES Libby Coleman, PE, LEED AP BD+C ENERGY PROJECT MANAGER Libby is a Professional Engineer with over five years of experience in the building energy field. Libby works with design teams to evaluate cost-effective energy design solutions and energy code compliance using building energy models. Libby’s modeling specialization is with OpenStudio and EnergyPlus in a wide array of building types. She provides training on the current energy codes and conducts research on electrification solutions and new technology. Libby also develops in-house tools and databases to streamline energy modeling processes and enhance consulting services. ALIGNMENT WITH THIS PROJECT: • Libby is a professional engineer and senior energy modeler for Group14 Engineering • Libby specializes in electrification and energy code compliance, as evident in her work with City of Denver’s Climate Action Sustainability & Resiliency (CASR) team to develop a Net Zero Energy Resource Hub Project Experience • Burlingame Childcare Center, Aspen CO • Carbondale Aquatics, Carbondale, CO • Denver Wastewater, Denver, CO • Denver Fire Station 40, Denver, CO • Denver Police Department District 6, Denver, CO • Jackson Hole Recreation Center, Jackson Hole, WY • Gunnison Services Center, Gunnison, CO • City and County of Denver CASR Net Zero Energy Resource Hub, Denver, CO • Colorado School of Mines, Early Childhood Education, Golden, CO • Athmar Park Library, Denver, CO • Pauline Robinson, Denver, CO • GSA Building 40, Denver, CO • Northern Colorado Water Conservancy District • Berthoud • Western Slope EDUCATION M.S. Architectural Engineering, University of Colorado, Boulder B.S. Civil Engineering, University of Vermont LICENSES & CERTIFICATIONS U.S. Green Building Council LEED Accredited Professional in Building Design and Construction Licensed Professional Engineer in CA, CO Aspen Distillers ASPEN, CO PROJECT DATA Square Footage: 15,000 Living Building Challenge (LBC) LEED Platinum Cost: confidential REFERENCE David Pfiefer, President Anderson Mason Dale Architects dpfeifer@amdarchitects.com 303.294.9448 GROUP14 SERVICES PROVIDED • Charrette Facilitation • Sustainability Consulting • Whole Building Life Cycle Analysis • Energy Modeling • Fundamental, Enhanced, Enclosure & Monitoring-based Commissioning • HERS Rating for Residential Units Aspen Distillers is designed to become the world's first distillery to achieve the Living Building Challenge; an accolade only 28 projects have achieved worldwide. The project will also earn LEED v4 BD+C Platinum certification. Group14 is providing sustainability consulting, energy modeling, and commissioning services on this ambitious project. The 8-acre site includes seven buildings; the Distillery, a Rickhouse for barrel storage, a headquarters for Aspen Distillers, a pumphouse for the on-site wastewater treatment, and three small residential buildings for staff. Half of the site is designated for regenerative farming practices that will provide local food to the Roaring Fork Valley. The project is all electric, will operate net zero energy with a solar photovoltaic array on & off site and will achieve a 20% minimum reduction of embodied carbon with the use of the whole building life cycle analysis. The project also features an on-site wastewater treatment plant that will utilize closed loop systems for the distilling production cycle. This practice will result in 90% of input water returning to the local hydrology. This system along with an on-site well, septic system, and ditch-water for irrigation will fulfill the net zero water imperative of the Living Building Challenge. Group14 is also responsible for vetting all materials against the Red List to ensure no chemicals of concern are used during construction. RELEVANT PROJECTS 571 6 GSA BUILDING 48 DENVER, CO PROJECT DATA Square Footage: 150,000 Pursuing LEED Gold and SITES Silver Cost: $47M REFERENCE Matthew Bartels Cannon Design mbartels@cannondesign.com 720.644.4047 GROUP14 SERVICES PROVIDED • Sustainability consulting • Monitoring-based commissioning • Building enclosure • Energy consulting The modernization of GSA’s Denver Federal Center Building 48 involved converting a vacant warehouse into an efficient, all-electric office space for the Interior Department. The project is pursuing LEED Gold & SITES Silver and is designed for net-zero energy and net-zero carbon emissions. The project is meeting net-zero energy with a design that includes a 200 kW on-site solar array and an existing PV array adjacent to the site. Other energy efficient measures have involved optimizing the building envelope, reducing lighting loads and installing highly efficient systems. This renovation doubles as a federal government pilot project for tracking reduction of embodied carbon emissions in design and construction. GSA plans to document lessons learned, and use them to develop baselines for other projects aimed at carbon emission reduction. The building is demonstrating an 87% reduction in embodied carbon through adaptive reuse and material selection alone. Other notable sustainable features of the project include: • Over 40% reduction of indoor water use for flow & flush fixtures • Over 85% waste & demolition diversion from landfill • Over 50% annual energy cost savings RELEVANT PROJECTS 7 The Source Hotel DENVER, CO PROJECT DATA Square Footage: 90,850 LEED Gold Cost: $19M REFERENCE Chris Woldom Zeppelin Development chris@zeppelinplaces.com 303.607.5439 GROUP14 SERVICES PROVIDED • LEED fundamental and enhanced commissioning • Energy modeling • LEED consulting The Source Hotel is an 90,850 SF, eight-story hotel that connects to the existing retail hub, also called The Source. The 100-key boutique hotel located in the RiNo District, is LEED certified and includes a pedestrian bridge on level two of the hotel connecting to the existing Source market. Other amenities include a food-centric retail space with two distinctive restaurants, a New Belgium brewery, a knife shop, and centrally located kiosks featuring rotating vendors in the podium levels. Highlights of this project include: • Targeting 23% energy cost savings relative to the ASHRAE 90.1-2007 baseline • Reduction of 37% potable indoor water use • Occupancy Sensors & LED Lighting • 100% Green Power • 50% Construction waste diverted from the landfill • Indoor air quality performance relative to ASHRAE62.1-2007 RELEVANT PROJECTS 572 ASPEN ARMORY HALL December 8, 2023 Todd Kennedy CCY 970-948-6054 We are pleased to submit this proposal for a Sustainability Charrette and Energy services for the Aspen Armory Hall project. Position Team Leader Engineer II TOTAL HOURS TOTAL FEE Rate $212 $144 Schematic Design Hours 40 40 80 - Total SD Fee $8,480 $5,760 - $14,240 Design Development Hours 12 32 44 - Total DD Fee $2,544 $4,608 - $7,152 Construction Document Hours 12 36 48 - Total CD Fee $2,544 $5,184 - $7,728 TOTAL 172 $29,120 Phase Scope Schematic Design Hours In an early virtual collaborative design session, the entire team will address site, water, energy, materials and resources and indoor environmental quality. It is intended to map out a strategy for achieving the project's energy, sustainability, and operating goals – along with agreement and buy-in from all parties and within the restrictions of the budget. Group14 will model the building and analyze several different system options including envelope, lighting, and HVAC. Group14 will meet with the team up to two times to discuss the modeling results, and review comments and recommendations. Design Development Hours Group14 will update the energy model up to two times in DD’s to ensure the project is meeting the energy code requirements and energy savings goals. Group14 will support the design team through DD’s on design decisions affected by energy efficiency. Group14 will meet with the team up to two times to review our comments and recommendations. Construction Development Hours Group14 will finalize the energy modeling based upon 90% CD's. Energy code documentation will be provided for permitting. GROUP14 HOURLY RATES The following rates are estimated for 2024-2028. Position 2024 Billing Rates 2025 Billing Rates 2026 Billing Rates 2027 Billing Rates 2028 Billing Rates Principal $259 $269 $280 $291 $303 Service Director $241 $251 $261 $271 $282 Team Leader, Sr. Engineer III $212 $220 $229 $238 $248 Sr. Project Manager II, Sr. Engineer II $202 $210 $218 $227 $236 Sr. Project Manager I, Sr. Engineer I $182 $189 $197 $205 $213 Project Manager II, Engineer IV $163 $170 $177 $184 $191 Project Manager I, Engineer III $153 $159 $165 $172 $179 Engineer II, Consultant II $144 $150 $156 $162 $168 Engineer I, Consultant I $131 $136 $141 $147 $153 Tech Support $106 $110 $114 $119 $124 Admin Support $91 $95 $99 $103 $107 Please let me know if you have any questions on our proposal. We appreciate the opportunity and look forward to working on this project! Sincerely, Laura Charlier, LEED AP BD+C, ID+C Principal | Sustainability Team Leader lcharlier@group14eng.com | (720) 221-1074 2 573 The Parlor concept is intended to utilize Meriwether’s dining, hospitality, and resort experience to build innovative and financially successful food halls in key U.S. markets. Appealing to urban young professionals and families alike, food halls are an emerging national trend offering a diversity of food options. Parlor represents an opportunity to create a more integrated experience relative to competitive food halls. Meriwether launched the Parlor concept in September 2017 with the purchase of a historic building in the Crossroads neighborhood of Kansas City, MO. Opened in 2018, Parlor is differentiated by a cohesive front of house bar experience with carefully curated food vendors. With the guidance of management, Parlor relies heavily on programming, operations, and systems to foster an environment and culture for success. As the primary focus and revenue gen- erator, Parlor contains multiple bars featuring artisan cocktails and craft beer catering to local market tastes and demands. Address: 1707 Locust St, Kansas City, MO 64108 Phone: (816) 875-4813 Menu: parlorkc.menu PARLOR - KANSAS CITY Parlor is a collection of chefs coming together to advance the concept of what a restaurant could be. Our aim is to curate a diverse group of culinary concepts, paired with inventive cocktails and craft beer, and celebrate it all in an eclectic atmosphere under one roof. Parlor is a comfortable place for people to relax and socialize while enjoying great drinks and phenomenal food from all walks of life. Meriwether | IMMERSED “Parlor is designed to appeal to the changing preferences of today’s culinary consumer, while mitigating many of the traditional investment risks associated with restaurant and bar venues.” Meriwether followed its success in Kansas City, opening a second parlor in Oklahoma City in 2019. Parlor OKC is located in the “Automobile Alley” neighborhood and quickly establishing itself as a vibrant “go to” spot for families and young professionals alike. Address: 11 NE 6th St, Oklahoma City, OK 73104 Phone: (405) 294-4740 Menu: parlorokc.com PARLOR - OKLAHOMA CITY 2 BARS. 7 CULINARY CONCEPTS. Our two level space holds several unique spots to soak up the atmosphere: a lounge, second story garden patio, and an event space for any and all of your social needs. And don’t forget Parlor’s piéce de résistance, not one, but two(!) incredible bars featuring craft beer and house created artisanal cocktails. “Beyond vendor selection, Meriwether Companies will be responsible for the day-to-day operations including the bar, wait staff, PR, brand positioning, social media and advertising.” Meriwether | IMMERSED 574 Provide operational expertise to increase revenue, improve productivity, and increase staff retention for a popular bar and grille eatery. Collaborate with teams across Finance, Human Resources, and other departments to compile business strategies for the company. Executive Vice President of Operations Tom's Watch Bar Jun 2014 - May 2018 (4 years) Developed new processes for training, team member recognition, financial performance, guest satisfaction, theoretical costs, and daily operations which resulted in marked performance improvements. Collaborated with vendors to negotiate purchasing power and maximize rebates, resulting in a lower cost of goods. Spearheaded the development of fully operational teams within high volume full service restaurants who produce industry leading turnover and profit results. Coordinate cross-functionally with Finance, Human Resources, Purchasing, Operations and Construction to achieve desired results. Directed industry leading teams to successfully open and operate restaurants with revenues from $1.5 million to $13 million annually. Regional Manager 4 different concepts Jun 1996 - Jan 2014 (17 years 8 months) Managed all aspects of operations and team development in Colorado, Arizona, New Mexico, Illinois, Michigan, Indiana and Ohio including the opening of 25 new venues. Initiated and supported relationships with vendors by negotiating on prices to achieve the best possible rates for company yet remain a positive client for vendors. Developed beverage programs to expand network of restaurants and grow revenue. Awarded for hard-work, dedication, and positive management expertise by receiving District Manager of the Year three times. Involved in growing the units from 16 to 90 units at Fox and Hound and involved in growing Lonestar from 35 to over 300 units. Doug Winter - page 2 2235 Broadway Boulder, Colorado 80302 We deliver experiences as spectacular as your location. Each of our real estate operations seeks to create an inclusive and inviting community for all generations seeking an adventurous and restorative lifestyle. From our culinary offerings to our curated experiences, like-minded people can connect, refresh, and have fun together. Our vibrant mixed-use, commercial projects generate higher levels of amenity usage and, consequently, greater returns for developers and owners. Immersed, the operating arm of Meriwether Companies, is the go-to partner for extraordinary real estate developments. We bring your dream of an exceptional destination to life, combining play, performance, and wellness. Doug Winter, Vice President of Operations for Immersed Group and Meriwether Company, will be the point person working with CCY and the City of Aspen on the proposed Armory reuse project. Meriwether, through its operating affiliate, Parlor, has pioneered an industry-leading food hall concept with locations in Kansas City and Oklahoma City. We strategically focus on creating and managing additional venues under the Parlor platform, leveraging our team’s expertise in this specific F&B segment.We look forward to providing a study report for the Aspen Armory project, enabling the City Council to evaluate the most sensible operating model for the city and greater community. This evaluation will be based on the projected return on investment and any subsidy that may be required to operate the building. Summary of Scope:1)Provide an operation study evaluating the costs to operate a food hall within a variety of proposed operatingmodels. Including analysis of the following costs:a.Cost of Goods Soldb.Staffing and Payrolli.Salaried Managersii.Hourly Staffc.Variable Costsi. Marketingii. Building Maintenanceiii.Music, Entertainment, Lighting, Temperatured.Fixed Costsi.Occupancy costsii. Insuranceiii. Equipment leasese.Debt Service2)Study building layout for operational efficiencies.a.Bar layout and placementsb.Guest flow/experiencec.Event spaced.Admin/Back of house layout and needs.e.Inventory locations/controls/security.f.Kitchen design for operation efficiencies.i.Sinks, Hoods, refrigeration.ii.Customer interfaceg.Host/Greeting – Initial Experience3)Other items:a.Study of best-in-class vendors and software.b.Vendor relations and set up.c.Kitchen concept reviews and examples.d.Operational SOPs.e. General Manager job description/recruitment Doug Winter dwinter@meriwetherco.com (303) 408-1990 linkedin.com/in/dougwintercoo Summary Thank you for viewing my profile. I have proven experience balancing the strategic goals of an organization with an understanding of the day to day operational needs. With an ability to motivate cross-functional teams, lead development, and train staff members to lead and exceed expectations of the industry, I am a strong collaborative leader. I always bring a positive energy and passion to the operations of any industry, with the ability to deliver leading results and increase business potential. Lastly, I am skilled at implementing strategic processes to solve business problems and strengthen revenue and client database. For more specifics on my areas of expertise please see the list below: • Business Strategy • Operations Management • Staff Retention • Budgeting • Financial Management • Project Management • Process Implementation • Training and Development of Staff Members • Motivational Leadership • Improving Profitability Experience Vice President of Operations Immersed Group May 2022 - Present (1 year 8 months) Responsibilities include operations management, project development and design consultation for for multiple experiential ventures. Including food halls, bars, restaurants, event spaces and other places for people to gather and enjoy. Vice President of Operations Meriwether Companies Jul 2019 - Present (4 years 6 months) Responsible for operations and development of The Parlor Food Hall. Developing strategic initiatives across all discipline's to grow the brand. Crafting a culture were we act team member first allowing a memorable Guest experience. While at the same time exceeding expectations for all stake holders. Chief Operating Officer ViewHouse Eatery, Bar & Rooftop Jun 2018 - Dec 2018 (7 months) Provide operational expertise to increase revenue, improve productivity, and increase staff retention for a popular bar and grille eatery. Collaborate with teams across Finance, Human Resources, and other departments to compile business strategies for the company. 575 CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm QQuuaalliiffiiccaattiioonnss SSttaatteemmeenntt SSeerrvviicceess • SSttrruuccttuurraall engineering • MMeecchhaanniiccaall engineering • EElleeccttrriiccaall engineering • PPlluummbbiinngg engineering • CCoommmmiissssiioonniinngg of building energy systems • BBuuiillddiinngg ssiimmuullaattiioonn to support design goals or LEED registration • EEnneerrggyy aauuddiittiinngg for commercial and complex buildings • LLeeggaall,, ffoorreennssiicc, and expert witness testimony • CCoonnssuullttiinngg for energy efficiency research, emerging technologies, and utility issues Resource Engineering Group, Inc. (REG) provides a unique set of engineering skills for projects across the country and the world. We live and breathe resource efficiency, and specialize in designing mechanical and structural systems to aggressively reduce material and energy use. In addition to full S-M-E-P services with internal coordination between engineering disciplines, REG engineers are also active in forensic structural analysis, commissioning, re-commissioning, energy auditing, and general troubleshooting to make buildings run better. WWhhyy CChhoooossee UUss?? REG brings a unique package of qualifications to building projects. Our background includes: • Building science—a deep understanding of how heat, moisture, and energy move through buildings. • Cross-pollination—the complete approach that comes from having structural, mechanical, and electrical engineering under one roof. • Resource awareness—our passion for reducing the environmental impacts of buildings— the reason the firm was founded. • Street smarts—the knowledge of what it takes to build and operate buildings in the real world, tempered by hundreds of projects over two decades. • Political sensitivity—gained from experience serving on boards and working with high- profile clients. • Communication—whether drawn, written, or spoken—the right message, using the appropriate media, on time, with the attention to detail you expect from engineers, and the clarity you might not. • Diverse experience—we work in locations around the globe, on a wide range of building types, working with client’s ranging from Owner-Builders to world renowned Architects. CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm MMeecchhaanniiccaall EEnnggiinneeeerriinngg——OOuuttssiiddee tthhee BBooxx REG specializes in innovative and alternative mechanical engineering. We start by working with the design team to minimize heating and cooling loads, which allows us to use smaller systems or natural processes. We then design right-sized systems that can be effectively controlled and maintained. REG’s work is informed by extensive experience and collaboration with contractors. Our mechanical systems often incorporate technologies such as solar hot water, ground source heat pumps, radiant cooling, solar-integrated radiant heating, passive night-sky heat rejection, CO2 detection for ventilation control, variable speed fan and pump control, and condensing-modulating boilers. SSttrruuccttuurraall EEnnggiinneeeerriinngg——GGeettttiinngg iitt RRiigghhtt The REG structural team has a wealth of experience, including modern museums and theatres, high-end custom homes, industrial plants, and even adobe houses in Uganda. Our passion is to create elegant structures that integrate seamlessly into the architecture. In the process, we minimize the size of the structural members, creating an economical, efficient, and environmentally friendly solution. Our structural engineers often cross over to work in other disciplines at REG, giving our clients the benefit of a holistic engineer who knows how to integrate other building systems (mechanical, electrical, and plumbing) into the structural system. EElleeccttrriiccaall EEnnggiinneeeerriinngg——PPoowweerriinngg UUpp Electrical engineering is an important complement to our innovative mechanical engineering services. In addition to providing clear and concise electrical plans, we help clients consider major electrical system choices, such as single vs. polyphase service, primary vs. secondary delivery, and the extent of backup power systems. With our electric utility experience, we can effectively coordinate rate, delivery, and policy negotiations with the local electric company. We can integrate on-site renewable generation to offset electrical consumption, whether grid-tied or off-the-grid. REG also monitors electric industry developments, including technology for distributed generation, dispatchable storage, metering and dashboard products, and smart grid integration. 576 CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm CCoommmmiissssiioonniinngg——MMaakkiinngg iitt WWoorrkk Commissioning is the process of making sure things work like they are supposed to. REG’s substantial commissioning experience has turned up just about every conceivable building operation issue, including backward-running fans, failed sensors, broken damper actuators, missing control wires, variable-speed pumps running continuously at full speed, and so on. Modern buildings are complicated, and they need to be checked and rechecked to make sure they are operating properly. REG’s commissioning work is informed by our focus on energy efficiency and our long history of designing systems with alternative approaches and advanced control strategies. We have strong relationships with HVAC and controls vendors and installers, and we’ve logged enough time in mechanical rooms and crawlspaces to have seen everything from old pneumatics to the latest GUI DDC interfaces. CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm KKeeyy SSttaaffff JJ.. AAuugguusstt HHaasszz PP..EE..,, PPrreessiiddeenntt aanndd PPrriinncciippaall EEnnggiinneeeerr August has overall responsibility for the day-to-day operation of the company, oversight of all scopes of work REG provides and detailed engineering including mechanical system design, structural systems, energy auditing, commissioning for new and existing buildings, building simulation, and solar energy analysis. August’s engineering mastery, creative attitude, and innate sense for completing complex projects on time and budget have allowed him to compile an impressive track record of successful projects at REG over the course of more than a decade. His project experience includes passive heating and cooling strategies, active solar thermal and solar electric systems, ground source heat pumps, and radiant cooling systems. His past experience includes fundamental research into glass and ceramic materials, water pump design, and water and wastewater plant operation. August also manages REG’s staffing, project scheduling and budgeting, risk management and multi-discipline project delivery. August earned a Bachelor of Science degree in Glass Engineering Science from the New York State College of Ceramics at Alfred University, with honors. He is LEED accredited, NCEES registered, and a member of ASHRAE. He is a licensed Professional Engineer in Colorado, California, Massachusetts, Montana, New York, New Jersey, Texas, Utah, Vermont and Wyoming. DDooddssoonn HHaarrppeerr PP..EE..,, SS..EE..,, VViiccee--PPrreessiiddeenntt && PPrriinncciippaall EEnnggiinneeeerr Dodson Harper leads the Structural Engineering Department at Resource Engineering Group as well as oversight of MEP systems engineering. His responsibilities include structural design, forensic analysis, SMEP project management and managing staffing, project control (schedule and budget), risk management, hardware/software acquisition and maintenance, and in-house training for REG. Dodson’s ability to understand the big picture view of projects has built a long history of on-time/on-budget projects for over 10 years at REG. His project experience includes residential, commercial, and institutional spaces for both new construction and remodels. In addition to designing with conventional steel, wood, and concrete systems, Dodson is a recognized expert in alternative building systems such as straw bale and clay-straw techniques. His extensive contracting and framing experience is invaluable when construction problems need to be solved. Dodson earned a Bachelor of Arts in Mathematics with Honors from Westminster College in Fulton Missouri, and a Bachelor of Science in Civil Engineering with Honors from Colorado State University. He is a registered Professional Engineer in Colorado, Florida, and Vermont, and a registered Structural Engineer in Idaho and Utah. 577 CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm ZZaacchhaarryy GGuussttaaffssoonn PP..EE,, SSeenniioorr PPrroojjeecctt EEnnggiinneeeerr Zack Gustafson is an engineer with a unique background and a deep knowledge base of all things mechanical. His ability to puzzle through difficult problems makes him an invaluable contributor to complicated building projects, often by finding elusive but simple solutions. In addition to being a capable and clever system designer, he provides building simulation, energy auditing, and commissioning services. In his previous work as an acoustical engineer, Zack developed consumer products including microphone and audio systems and was named on four patents. Part of Zack’s practical knowledge of mechanical systems comes from his experience as Facility Manager of a remote lodge with 15 buildings. His skills also include engine repair, bicycle and motorcycle construction, data/wifi/phone systems, off-grid living, and other assorted wizardry. Zack holds a Bachelor of Science degree in Mechanical Engineering from Calvin College in Michigan. He is a registered Professional Engineer in Colorado. CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm AArrlliissss MMeerrrreellll,, PP..EE..,, PPrroojjeecctt EEnnggiinneeeerr Arliss is an engineer with extensive experience in the HVAC Engineering industry. His background in construction and engineering has supported a wide range of projects with municipalities, K-12, higher education and residential clients over the last 10 years. Arliss also has firsthand experience with high- end HVAC systems for art museums and radiant cooling. Some areas of interest include chilled water plant design, heating water plants, natatoriums, ground source, solar thermal, VRF systems and ventilation rate procedures. Arliss provides clients with innovative solutions focused on reducing their utility and operational costs and improving their operations. Arliss earned a Bachelor of Science degree in Mechanical Engineering from Clarkson University. He is a registered Professional Engineer in Colorado. JJoonnnnyy HHoollttoonn,, EE..II..TT..,, PPrroojjeecctt EEnnggiinneeeerr Jonny Holton designs mechanical and plumbing systems for a wide variety of building types. His experience includes ground source heat pump system design, radiant cooling, hydronic heating and cooling with air-source heat pump systems, high-efficiency boiler retrofits, plumbing designs for historic building renovations and luxury modern projects, mechanical system design coordinated with off-the-grid power generation, and commissioning of complex building systems. Jonny’s responsibilities include development of software tools for accurate system sizing, energy analysis using the EnergyPlus modeling platform, and 3D intelligent modeling (BIM) of commercial and residential buildings. Previously, Jonny worked as a project manager in the medical device manufacturing industry. His positive attitude and collaborative mindset are invaluable. 578 CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm Jonny earned a Bachelor’s Degree from the University of Colorado, Boulder. He is a member of ASHRAE, and a NCEES-registered Engineer-in-Training. HHaannnnaahh MMaallllooyy,, PPrroojjeecctt EEnnggiinneeeerr Hannah provides structural engineering and project management. She specializes in engineering resource efficient structural systems for a variety of building types including multi-family affordable housing, single family and luxury residential projects. Hannah is adept at finding simple solutions to complex engineering challenges. Her previous experience in aerospace engineering, retrofitting interiors for the Boeing 777 and Airbus A350, enabled her to travel and collaborate with engineers and manufacturers from many different countries and cultures. She also worked as a researcher investigating seismic hazards in the deserts of New Mexico near the Los Alamos National Lab. Hannah's diverse engineering background provides her with the perspective to be a flexible and creative problem solver. Hannah earned a Bachelor of Science in Civil / Structural Engineering from the University of Vermont. CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm DDrreeww LLaarrssoonn,, EE..II..TT..,, PPrroojjeecctt EEnnggiinneeeerr Drew began his engineering career working at a structural engineering firm in the Roaring Fork Valley engineering residential projects. He then spent over a decade as the Director of Research for the Aspen Sports Medicine Foundation. Here he published numerous peer reviewed scientific articles while broadening and sharpening his engineering skills solving unique problems. He presented this research all the way up to the international level and served as a reviewer for biomedical and orthopedic journals. Throughout this time, Drew also worked with biomedical companies on the design of medical devices and implants for the field of sports medicine. In addition to experience framing homes in Aspen, Drew recently designed and built his family’s home here in Crested Butte—he is familiar firsthand with the challenges of construction. Drew is excited to be bringing his career full circle at REG and once again providing structural engineering. His responsibilities include design of wood, steel, and concrete structures, as well as construction assistance. Drew earned a Bachelor of Science degree in Mechanical Engineering from the University of Kansas. He loves living, working, and playing in the Gunnison Valley with his wife and three boys. 579 CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm AAffffiilliiaattiioonnss aanndd CCeerrttiiffiiccaattiioonnss:: (Partial Listing) • AAmmeerriiccaann SSoocciieettyy ooff HHeeaattiinngg,, RReeffrriiggeerraattiinngg,, aanndd AAiirr--CCoonnddiittiioonniinngg EEnnggiinneeeerrss ((AASSHHRRAAEE))—full member since 1992. • UU..SS.. GGrreeeenn BBuuiillddiinngg CCoouunncciill ((UUSSGGBBCC))— member since 2002 • AAmmeerriiccaann SSoollaarr EEnneerrggyy SSoocciieettyy ((AASSEESS))— member since 1999 • IInntteerrnnaattiioonnaall GGrroouunndd SSoouurrccee HHeeaatt PPuummpp AAssssoocciiaattiioonn ((IIGGSSHHPPAA))—member since 1998 • UUSSGGBBCC LLeeaaddeerrsshhiipp iinn EEnneerrggyy aanndd EEnnvviirroonnmmeennttaall DDeessiiggnn ((LLEEEEDD)) aaccccrreeddiittaattiioonn aanndd pprroojjeeccttss—August Hasz, PE, LEED AP (Advanced Training) • PPrrooffeessssiioonnaall EEnnggiinneeeerr RReeggiissttrraattiioonnss • Colorado • California • Idaho • Florida • Massachusetts • Montana • New Jersey • New Mexico • New York • North Carolina • Texas • Utah • Vermont • Wyoming • AAmmeerriiccaann IInnssttiittuuttee ffoorr SStteeeell CCoonnssttrruuccttiioonn ((AAIISSCC))——mmeemmbbeerr • CCoolloorraaddoo SSttrraaww BBaallee AAssssoocciiaattiioonn ((CCOOSSBBAA)) MMeemmbbeerr • AAPPAA--TThhee EEnnggiinneeeerreedd WWoooodd AAssssoocciiaattiioonn—— MMeemmbbeerr LLiivviinngg BBuuiillddiinngg CChhaalllleennggee:: • CCoommmmuunniittyy RReebbuuiillddss CCaammppuuss——world’s first LBC certified affordable housing project. This project is located in Moab, UT (certification pending final inspections). LLEEEEDD PPrroojjeeccttss:: • RRoocckkyy MMoouunnttaaiinn IInnssttiittuuttee IInnnnoovvaattiioonn CCeenntteerr LLEEEEDD PPllaattiinnuumm • SSnnoowwmmaassss GGoollff CClluubbhhoouussee LLEEEEDD SSiillvveerr • BBrraassaaddaa RRaanncchh SSaalleess BBaarrnn LLEEEEDD GGoolldd • BBrraassaaddaa RRaanncchh FFaarrmmhhoouussee LLEEEEDD GGoolldd • BBrraassaaddaa RRaanncchh GGoollff CClluubbhhoouussee aanndd PPrroo-- SShhoopp LLEEEEDD GGoolldd • KKiivvaa LLooddggee LLEEEEDD SSiillvveerr • DDooeerrrr--HHoossiieerr CCoonnffeerreennccee CCeenntteerr aatt AAssppeenn IInnssttiittuuttee LLEEEEDD GGoolldd • NNeeww CCaassttllee LLiibbrraarryy LLEEEEDD SSiillvveerr • EEllkk CCaammpp RReessttaauurraanntt LLEEEEDD SSiillvveerr • SSaamm’’ss KKnnoobb RReessttaauurraanntt LLEEEEDD GGoolldd • RReeaallDD LLEEEEDD CCII CCeerrttiiffiieedd • MMoouunnttaaiinn FFoorrggee LLEEEEDD CCII CCeerrttiiffiieedd • ZZaannddeerr RReessiiddeennccee LLEEEEDD HHoommee PPllaattiinnuumm CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm SSeelleecctteedd PPrroojjeeccttss • SSuunnnnyyssiiddee AAffffoorrddaabbllee HHoouussiinngg,, Town of Telluride: Structural, Mechanical, Electrical and Plumbing Engineer of record for 30 units of affordable housing which are estimated to achieve an annual Net Zero Energy goal. This project includes in a mix of tiny homes, apartments and townhomes covering 40,000ft2 and uses a variety of ultra efficient yet affordable strategies to achieve aggressive energy goals. • CCrreesstteedd BBuuttttee CCeenntteerr ffoorr tthhee AArrttss,, Crested Butte, CO: MEP and structural engineer of record and commissioning agent for new 35,000 ft2 performing and community arts facility. Cooling is provided by evaporative cooling and economizers. This project has a variety of space needs, along with tight budget constraints and acoustical requirements. • MMoollllyy GGiibbssoonn LLooddggee,, Aspen, CO: MEP and structural engineer of record for the new 37,500ft2 hotel and neighboring 12,500ft2 of residential units. Cooling and heating provided by VRF systems, all steel super-structure and efficient framing systems. This project includes a restaurant, laundry, conference facilities and a roof top pool experience. • TToowwnn ooff TTeelllluurriiddee IIccee RRiinnkk,, Telluride CO: Mechanical Engineer of record for conversion of the existing outdoor rink into an enclosed and conditioned facility for ice related sports in winter and movie and concert events in summer. REG has worked hand-in-hand with town staff to provide input on operational strategies to optimize efficiency. • TToowwnn ooff TTeelllluurriiddee EEnneerrggyy AAuuddiitt,, Telluride CO: Energy consultant for audits of all Town-owned buildings, resulting in detailed report with recommendations for retrofits and master plan for energy and climate impacts.. • RRMMII IInnnnoovvaattiioonn CCeenntteerr,, Basalt, CO: Commissioning Engineer for the LEED Platinum, energy positive facility, incorporating state of the art holistic building systems approach to minimizing MEP systems. REG provided engineering review through conceptual design and MEP systems testing, as well as continued commissioning of mechanical systems. • SSnnoowwmmaassss VViillllaaggee TToowwnn HHaallll,, Snowmass Village CO: Mechanical engineer of record for new 23,000 ft2 facility including police station, council chambers, and ventilated garage. Mechanical features include modulating condensing boilers and CO2-controlled ventilation. 580 CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm • SSnnoowwmmaassss VViillllaaggee RReeccrreeaattiioonn FFaacciilliittyy,, Snowmass Village CO: Mechanical and structural engineer of record for new 8,000 ft2 facility including five (outdoor) swimming pools/spas, fitness room, and locker rooms. Mechanical features include 33-panel active solar system and heat pump air conditioning that rejects heat to the pool systems. • SSpprruuccee aanndd PPaacciiffiicc AAffffoorrddaabbllee HHoouussiinngg,, Telluride, CO: Mechanical Engineer of record for this 9-unit design- build project located in downtown Telluride. • TToommbbooyy AAffffoorrddaabbllee HHoouussiinngg,, Telluride CO: Mechanical consultant for 16-unit, multi-building housing complex on a challenging downtown site. (Project is now known as Mendota Affordable Housing.) • WWhheeeelleerr OOppeerraa HHoouussee,, Aspen, CO: Mechanical engineer of record for remodel of approx. 15,000 ft2 of the historic facility. The scope of remodel included all elements of the mechanical system outside of the boiler plant and theater air-handler. Fitting modern high-efficiency equipment into historic spaces, for diverse uses including office spaces a commercial kitchen, lobby spaces, conference rooms and back-of-house performer spaces while meeting acoustic and space constraints required inventive solutions. Currently in design phase as the M, E and P engineer of record for the remodel of 2nd and 3rd levels as well as the main entry lobby. • AAssppeenn CCiittyy HHaallll HHVVAACC//EEnneerrggyy AAuuddiitt ++ RReettrrooffiitt DDeessiiggnn,, Aspen CO: Conducted site investigation of the town’s historic armory building, including all HVAC systems, and prepared report describing opportunities for retrofits to improve performance and control energy consumption as well as engineering of various improvements. • JJeeffffeerrssoonn CCoouunnttyy,, CCOO:: Facility wide audit of the County office buildings, courtrooms, detention facilities, road & bridge shops to assist in building a database of assets for facility management purposes and long-term budgeting of maintenance and operational costs. • PPaaeeppcckkee CCeenntteerr AAuuddiittoorriiuumm,, Aspen Institute, Aspen CO: Mechanical and structural engineer of record and commissioning agent for extensive remodel and expansion of 17,000 ft2 performance, library, gallery and office facility with pond-loop geo- exchange heating and cooling, strict noise criteria, and difficult site constraints. • EEll MMaannggllee,, LLaa PPaazz,, BBaajjaa SSuurr,, MMeexxiiccoo:: Mechanical, electrical, and plumbing engineering for redevelopment of a brownfield site into a campus for international conferences, local non-profits, visiting research groups and education. The campus includes 500+ seat conference hall, long term and short-term hospitality facilities, CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm multiple office buildings and support spaces. The campus will use a self-sustaining micro-grid to achieve Net Zero annual energy consumption. • AAssppeenn SSkkiiiinngg CCoommppaannyy AAuuddiittss aanndd EEnnggiinneeeerriinngg,, Aspen CO: Provided a wide-variety of building energy audits, efficiency recommendations and detailed design for upgrades, retrofits, renovations and new buildings for facilities ranging in size from 400ft2 to 100,000ft2 spanning nearly 20 years. • RReenneewwaabbllee EEnneerrggyy MMiittiiggaattiioonn PPrrooggrraamm ((RREEMMPP aakkaa EExxtteerriioorr EEnneerrggyy OOffffsseett PPrrooggrraamm oorr EEEEOOPP)) calculations and technical support for a variety of municipalities including: City of Aspen, Pitkin County, Summit County, Breckenridge, Eagle County, Vail, Town of Telluride, San Miguel County, Town of Crested Butte, and City of Basalt. REG supported staff as well as joined various public groups to provide technical assistance to help the public and elected officials make informed decisions. REG created REMP / EEOP spreadsheets for these jurisdictions to account for impacts of exterior energy use and potential offset via solar electric arrays as well as payment in lieu using solar electric installation costs as the metric for determining offset fees. • TToowwnn ooff CCaarrbboonnddaallee DDeeccaarrbboonniizzaattiioonn FFeeaassiibbiilliittyy SSttuuddyy,, CCaarrbboonnddaallee,, CCOO: Evaluated Town owned buildings to identify options for decarbonization be electrification of building HVAC Systems. This work allowed the Town to understand the impacts of building electrification, and prioritize building system renovations. As a follow-up to this effort, REG will be provide MEP engineering for electrification of the Townhall facility in the coming year. • EEaaggllee CCoouunnttyy EElleeccttrriiffiiccaattiioonn CCoonnssuullttaattiioonn,, EEaaggllee CCoouunnttyy,, CCOO: In addition to consulting with the Eagle County Building Code Cohort on the REMP / EEOP program, REG is also contracted to provide engineering services for existing buildings and new affordable housing to provide feasibility studies and detailed engineering for electrification projects to aid Eagle County in achieving their Climate Action goals. • PPiittkkiinn CCoouunnttyy GGrroowwtthh CCooddee CCoonnssuullttaattiioonn,, PPiittkkiinn CCoouunnttyy,, CCOO: In addition to working directly with County staff on recent REMP spreadsheet updates and electrification code consultation, REG is part of a larger team led by Design Workshop to help County evaluate the environmental, social and fiscal impacts of alterations to the code to understand the impacts of local growth while also identifying how to achieve Pitkin County’s Climate Action Plan. • UUnniivveerrssiittyy ooff CCoolloorraaddoo BBoouullddeerr,, MMccAAlllliisstteerr BBuuiillddiinngg,, Boulder, CO: Conversion of a pre-existing telephone data center operations building for CU Boulder facility operations. HVAC systems included a 1,400 ton chilled water plant with water-side economizer as well as a large condensing boiler plant. • PPuueebblloo CCiittyy SScchhoooollss,, DDiissttrriicctt 6600,, Pueblo CO: Provided engineering design for 20+ buildings and schools within the school district. • VViillllaaggee CCoouurrtt AAppaarrttmmeennttss,, Town of Mountain Village, CO: Energy consultant for evaluation of potentially switching from electric to natural gas for the existing heating and DHW systems.. REG presented to Town Council the results of our modeling exercise as well as provided background on the complexities of switching heating fuels and changing energy markets. • AAssppeenn RReeccrreeaattiioonn CCeenntteerr, Aspen CO: Re-commissioning agent for existing facility with lap pool, leisure pool, locker rooms, gyms, NHL size hockey rink, offices, and other functions. 581 CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm • DDooeerrrr--HHoossiieerr CCoonnffeerreennccee CCeenntteerr, Aspen Institute, Aspen CO: Mechanical engineer of record and commissioning agent for new 20,000 ft2 conference facility with pond-loop geo-exchange heating and cooling, strict noise criteria, and difficult site constraints. • DDeenniissoonn PPllaacceerr AAffffoorrddaabbllee HHoouussiinngg,, BBrreecckkeennrriiddggee, CO: Structural, Mechanical, Electrical and Plumbing Engineer of record for this 24 Building affordable housing project with a total size of approximately 90,000 ft2. This project is Enterprise Green Certified. • CCrreesstteedd BBuuttttee MMoouunnttaaiinn RReessoorrtt AAffffoorrddaabbllee HHoouussiinngg,, Mt. Crested Butte, CO: Mechanical and structural engineering of record for affordable housing complex, 18 units planned, 3 buildings. • BBuurrlliinnggaammee PPhhaassee IIII AAffffoorrddaabbllee HHoouussiinngg,, Aspen, CO: Mechanical Engineer of record for 162-unit workforce housing project. The project was one of the first in the area to use the AIA Integrated Project Delivery (IPD) process, which involves continuous collaboration between the design, estimating, and construction teams. The design also used Building Information Modeling (BIM) with 3-D collision detection to avoid construction conflicts. Individual housing units each have their own heat-recovery ventilators, and condensing DHW water heaters provide all space heating. • AAnntthhrraacciittee AAffffoorrddaabbllee HHoouussiinngg,, Crested Butte, CO: Structural, Mechanical, Electrical and Plumbing Engineer of record for this 30-unit affordable housing project. This project is Enterprise Green Certified and funded with LITCH program. • WWeesstt HHiillllss AAffffoorrddaabbllee HHoouussiinngg,, Keystone CO: Structural and MEP Engineer of record for a twenty building sixty-three unit multi-family complex with a mix of duplex, tri-plex and apartment building types. REG’s implemented shallow frost protected foundation systems and integrated S+MEP systems analysis to reduce construction costs. • SSmmiitthh HHiillllss RRaanncchh,, Silverthorne CO: Structural of record for a twenty-five unit complex containing thirty-three total units in a mix of single family and duplex building types. • CCeenntteennnniiaall AAffffoorrddaabbllee HHoouussiinngg,, Aspen Colorado: Energy audit of existing 142 unit housing complex to determine feasibility and cost savings of various building shell improvements as well as a ground source heat pump system using flooding mining tunnels below the site for the geo-exchanger location. As a follow-up to this work, REG has served as the Owner’s representative during mold remediation work. • AAssppeenn CCiittyy HHaallll CCoouunncciill CChhaammbbeerrss,, Aspen CO: Mechanical Engineer of record for remodel of Council Chambers to reduce energy use and increase occupant comfort. CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm • PPoowweerrss AArrtt && LLeeaarrnniinngg CCeenntteerr,, Carbondale, CO: 17,000 ft2 private facility to display the artwork of Jasper Johns. Project includes radiant heating and radiant cooling supplied by ground-source heat pump system, with humidity and air quality control to protect artwork. REG provided complete SMEP engineering for the project. • GGuunnnniissoonn PPuubblliicc SSaaffeettyy FFaacciilliittyy aanndd PPuubblliicc WWoorrkkss,, Gunnison, CO: Commissioning agent for approx. 50,000 ft2 public safety facility and 17,000 ft2 public works building. These buildings include diverse uses office spaces, vehicle maintenance facility, jail facility, commercial kitchen, required a blend of air handling systems and controls challenges. • GGuunnnniissoonn CCoouunnttyy CCoouurrtthhoouussee,, Gunnison, CO: Commissioning Agent for approx. 62,000 ft2 county offices and courthouse facility. These buildings include diverse uses office spaces, sally port and temporary holding location, council chambers and county court. REG’s involvement allowed for nearly $500,000 reduction in HVAC installation budget with limited reduction in occupant comfort. • TThhiirrdd SSttrreeeett CCeenntteerr,, Carbondale CO: Mechanical Engineer of record and commissioning agent for major renovation of 44,000-ft2 former school complex into new center for local non-profits, including extensive modeling and design work to develop low-energy systems. • TThhee LLiittttllee NNeellll,, Aspen, CO:: Mechanical Engineer of Record and Commissioning Agent for various projects including: boiler plant retrofit, energy systems evaluation and kitchen remodel. These projects required REG to work closely with TLN engineering staff and installation contractors to eliminate and/or minimize downtime for the hotel while juggling complicated existing systems with various layers of retrofits and physical constraints. • KKiittttiittiiaann HHiillll,, Island of St. Kitts, St. Kitts & Nevis: A luxury resort focused on sustainability. Project includes 84 cottages, 80+ villas, multiple restaurants, 150+ pools, multi-use commercial zone and a 75+ unit hotel. REG provided complete MEP engineering for the majority of buildings, select structural engineering and engineering of the electrical infrastructure. • KKooii RReessoorrtt,, IIssllaanndd ooff SStt.. KKiittttss,, SStt.. KKiittttss && NNeevviiss: Providing MEP services coordination, peer review and commissioning for the luxury, 442 room hotel with dining, spa, gym, and extensive pools. Challenges include coordinating with design team spread across the globe and working with local infrastructure availability. • NNeeww BBeellggiiuumm BBrreewwiinngg OOxxbbooww CCoommpplleexx, Fort Collins CO: Mechanical and structural engineer for design of 18,500 square feet of new buildings including office building, events center with pilot brewery and commercial kitchen, and supporting structures including guest casitas and tree house meeting room. Project design includes near-zero net energy use and deep foundation on backfilled site. Currently designed to 50% schematics. • AAssppeenn CCeenntteerr ffoorr EEnnvviirroonnmmeennttaall SSttuuddiieess,, Aspen CO: Mechanical engineer for educational facility renovation. The project replaced the existing electric resistance heating system with a new water-source heat pump system that reduced heating energy and cost by two-thirds. 582 CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm • NNeeww CCaassttllee BBrraanncchh LLiibbrraarryy, New Castle CO: Mechanical engineer for remodel of public library including new heating, cooling, and ventilation systems to achieve LEED-NC v2009 Certification. • MMiiccrroo--DDiissttiilllleerryy PPrroojjeeccttss, Crested Butte CO and Everett, WA: Mechanical engineer for adaptation of gas-fired stills for liquor production in historic building (Montanya Distillers) and industrial building (Bluewater Distilling). Project included ducting for combustion air and flue exhaust, material selection, internal baffling for heat transfer efficiency, building pressurization considerations, and gas safety for 250,000-btu burners. • CCoolloorraaddoo DDiivviissiioonn ooff WWiillddlliiffee RReeggiioonnaall HHeeaaddqquuaarrtteerrss,, Gunnison, CO: Mechanical engineer of record and commissioning agent for new 12,000 ft2 Outdoor Discovery Center, 14,000 ft2 Services Center and Administration, and Hunter Education Building (with indoor shooting range. All three buildings have geo-exchange heating and cooling, high-efficiency ventilation and heating systems. Electrical and plumbing engineering designed by REG sub-consultant. • SSccaarrpp RRiiddggee LLooddggee,, Crested Butte CO: Mechanical and structural engineer for extensive remodeling of historic building into a boutique lodge, including new heating and ventilation systems and replacement of foundation and floor systems. • BBrraassaaddaa RRaanncchh,, Powell Butte OR: Mechanical engineer of record for new resort buildings including 20,000 ft2 Aquatics Center (seven pools/spas and natatorium), 17,000 ft2 Golf Clubhouse and Pro Shop (two outdoor pools/spas), and three other buildings housing hospitality, restaurants and office spaces heated and cooled by pond-loop geo-exchange systems, solar hot water and ventilation controlled by CO2 detection. REG provided DOE-2 energy modeling for LEED certification for four buildings on the campus and commissioning for the Aquatics Center. • HHoossiieerr RReessiiddeennccee,, Crested Butte CO: Mechanical and structural engineer of record, commissioning agent and energy consultant for Net-Zero home. CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm • GGrroouuppoo CCaalliiddrraa,, Torreon, Coahuila, Mexico: Mechanical engineering for new 1,600m2 (17,000-ft2) office and laboratory facility in extreme hot-dry climate. Office and meeting spaces are cooled with non-mechanized cooling via passive cool towers. • TTwwiinn BBuutttteess DDeevveellooppmmeenntt,, Durango CO: Consulting Engineers for Approval/Entitlement process for 600-acre, 600-unit development for annexation into the City of Durango, including development of energy goals and guidelines, and extensive presentations to City staff, Planning Commission, and Council. • AAllppiinnee BBaannkk,, Colorado: Mechanical engineer of record for several branch banks, and energy auditor for 15 existing facilities. • TThhee LLooddggee aatt AAssppeenn MMoouunnttaaiinn, Aspen Colorado: Mechanical engineering and energy consultant for new 300,000 ft2 hotel complex currently in approval stages. REG is designing a 300-ton hybrid ground-source heat pump system to meet stringent energy and carbon emissions targets for the project. • CCoorrkkiinnss LLooddggee FFaacciilliittyy,, Brazos NM: Mechanical and structural engineer of record and master planning consultant for campus of several resort buildings including distributed water loop heat pump system and net-metered hydroelectric system. Three buildings were designed by Antoine Predock Architect. • GGaatteewwaayy MMoottoorr IInnnn,, Gateway CO: Mechanical and plumbing engineer of record for 40,000 ft2, 42-unit hotel complex with ground-source heating and cooling, swimming pools and hot tubs, and attached recreation center with kitchen facilities • MMoouunnttaaiinn EExxpprreessss BBuuss BBaarrnn, Crested Butte Colorado: Engineering and energy consultant for new 7,000 ft2 bus maintenance and shop facility including solar wash water heating, makeup air system, and radiant heating. • TThhee PPaaiinntt SSttoorree,, Carbondale CO: Mechanical engineer of record for new 17,000ft2 building that includes retail, office, and residential spaces, cooled by night radiant sky exchange and radiant slab delivery. • EEccoovvaa CCoonnssuullttiinngg:: REG has consulted with national energy firm Ecova on a variety of projects, including a Zero-Net-Energy Strategic Planning exercise for San Diego Gas & Electric, energy technology reports for the National Rural Electric Cooperative Association, an investigation of LED reflector lamps for the Institute for Electric Efficiency, and gas dryer efficiency research for the Northwest Energy Efficiency Alliance. • AAssppeenn SSkkiiiinngg CCoommppaannyy PPhhaassee IIII CCoonnddoommiinniiuummss, Snowmass CO: Mechanical engineering consultant for 42-unit project heated indirectly by wastewater effluent from nearby treatment plant. 583 CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm HHoouurrllyy RRaatteess && DDeettaaiillss:: • Billing. We propose to bill monthly by percent complete and/or hours spent for each discipline. • Rates. 2023 Hourly rates apply for add-service work as requested. Principal Engineer $220/hour Senior Project Engineer $175/hour Project Engineer $150/hour Engineering Drafting $125/hour Due to the long duration of construction projects, our rates are subject to change on an annual basis. • Direct Expenses. Travel time is billable at full rates, unless other arrangements are made. Mileage will be charged at the current IRS Standard Mileage Rate. Expenses (such as shipping, reproduction, and travel) are billed at cost with no markup. Travel costs including hotel and mileage are billed directly; per-diem (meals and other incidentals) billed at $75/day/engineer. 584 RReessuummee || Key Personnel PPrrooffeessssiioonnaall AAffffiilliiaattiioonnss American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) US Green Building Council LEED Accredited Professional Architecture 2030: The 2030 Challenge RReeggiissttrraattiioonnss // CCeerrttiiffiiccaattiioonnss Professional Engineer: Colorado, California, Massachusetts, New York, New Jersey, Texas, Montana, Utah, Vermont and Wyoming Member National Council of Examiners for Engineering and Surveying (NCEES) EEdduuccaattiioonn Bachelor of Science in Glass Engineering Science with Honors: New York State College of Ceramics at Alfred University CCoonnttiinnuuiinngg EEdduuccaattiioonn Frequent instructor and presenter at regional and national conferences Speaker at AIA + 2030: Technical Series HVAC Controls Systems at U of Wisconsin Speaker at International Straw Builder’s Conference Annual attendee of ASHRAE conference LLiivviinngg BBuuiillddiinngg CChhaalllleennggee pprroojjeeccttss:: Community Rebuilds Campus LLEEEEDD rreeggiisstteerreedd pprroojjeeccttss:: RMI Innovation Center (Platinum) Snowmass Golf Clubhouse (Silver) Brasada Ranch Community Center (Gold) Brasada Ranch Farmhouse (Gold) Brasada Ranch Clubhouse (Gold) Doerr-Hosier Conference Center (Gold) Sam’s Knob Smokehouse (Gold) Elk Camp Restaurant (Silver) New Castle Branch Library (Certified) Kiva Lodge (Silver) RealD (LEED CI) Mountain Forge (LEED CI) Zander Residence ((Home Platinum) CCoonnttaacctt IInnffoo hasz@reginc.com www.reginc.com 970.713.0984 426 Belleview, Suite 201 Crested Butte CO 81224 USA JJ.. AAuugguusstt HHaasszz PPEE,, PPrreessiiddeenntt aanndd PPrriinncciippaall August has worked tirelessly to reduce the overall impact of the built environment. Working across the S+MEP disciplines allows August to view buildings holistically and to understand the impacts of buildings from conception through construction, occupancy and end of life cycle. In addition to managing the day-to-day operations of REG, he oversees a wide variety of work for REG including: mechanical, electrical and plumbing system design, structural engineering, energy auditing, commissioning for new and existing buildings, building simulation, alternative electrical and mechanical systems options, passive heating and cooling strategies, radiant cooling, code consulting, forensics engineering, electrification projects, heat pump system design and solar energy analysis. Led the MEP system design for a number of Colorado’s first NZE all-electric affordable housing projects in Telluride, Basalt, Breckenridge, and Dillon. August’s engineering mastery, creative attitude, and innate sense for completing complex projects on time and budget have allowed him to compile an impressive track record at REG over the course of the last 20+ years. Prior to joining REG, his past experience includes fundamental research into glass and ceramic materials, water pump design, and water and wastewater plant operation. August also manages staffing, project scheduling and budgeting, risk management and multi-discipline project delivery. SSeelleecctteedd PPrroojjeeccttss RRoocckkyy MMoouunnttaaiinn IInnssttiittuuttee IInnnnoovvaattiioonn CCeenntteerr,, BBaassaalltt CCOO:: Commissioning Engineer for new headquarters for RMI. Provided MEP systems design review from conceptual through final systems testing. LEED-NC v2009 Platinum. RReenneewwaabbllee EEnneerrggyy MMiittiiggaattiioonn PPrrooggrraamm ((RREEMMPP aakkaa EExxtteerriioorr EEnneerrggyy OOffffsseett PPrrooggrraamm EEEEOOPP)):: Provided calculations and technical support for a variety of municipalities including: City of Aspen, Pitkin County, Summit County, Eagle County, Town of Telluride, San Miguel County, Town of Crested Butte, and City of Basalt. Supported staff as well as joined various public groups to provide technical assistance to help the public and elected officials make informed decisions. CCoolloorraaddoo DDiivviissiioonn ooff WWiillddlliiffee RReeggiioonnaall HHeeaaddqquuaarrtteerrss,, GGuunnnniissoonn,, CCOO:: Mechanical engineering of record and commissioning agent for new 12,000 ft2 Outdoor Discovery Center, 14,000 ft2 Services Center and Administration, and Hunter Education Building (with indoor shooting range. All three buildings have geo-exchange heating and cooling, high-efficiency ventilation and heating systems. KKiittttiittiiaann HHiillll,, IIssllaanndd ooff SStt.. KKiittttss,, SStt.. KKiittttss && NNeevviiss:: A luxury resort focused on sustainability. Project includes 84 cottages, 80+ villas, multiple restaurants, 150+ pools, multi-use commercial zone and a 75+ unit hotel. REG provided complete MEP engineering for the majority of buildings, select structural engineering and engineering of the electrical infrastructure. AAssppeenn SSkkiiiinngg CCoommppaannyy AAuuddiittss aanndd EEnnggiinneeeerriinngg,, AAssppeenn CCOO:: Provided a wide-variety of building energy audits, efficiency recommendations and detailed design for upgrades, retrofits, renovations and new buildings for facilities ranging in size from 400ft2 to 100,000ft2 spanning nearly 20 years. KKooii RReessoorrtt,, IIssllaanndd ooff SStt.. KKiittttss,, SStt.. KKiittttss && NNeevviiss:: Providing MEP services coordination, peer review and commissioning for the luxury, 442 room hotel with dining, spa, gym, and extensive pools. Challenges include coordinating with design team spread across the globe and working with local infrastructure availability. SSuunnnnyyssiiddee AAffffoorrddaabbllee HHoouussiinngg,, TToowwnn ooff TTeelllluurriiddee CCOO:: Structural, Mechanical, Electrical and Plumbing Engineer of record for 30 units of affordable housing which are estimated to achieve an annual Net Zero Energy goal. This project includes in a mix of tiny homes, apartments and townhomes covering 40,000ft2 and uses a variety of ultra efficient yet affordable strategies to achieve aggressive energy goals. NNeeww CCaassttllee BBrraanncchh LLiibbrraarryy,, NNeeww CCaassttllee CCOO:: Mechanical engineering for remodel of public library including new heating, cooling and ventilation systems to achieve LEED-NC v2009 Certification. GGrroouuppoo CCaalliiddrraa,, TToorrrreeoonn,, CCooaahhuuiillaa,, MMeexxiiccoo:: Mechanical engineering for new 1,600m2 (17,000-ft2) office and laboratory facility in extreme hot- dry climate. Office and meeting spaces are cooled with non-mechanized cooling via passive cool towers. RReessuummee || Key Personnel DDooeerrrr--HHoossiieerr CCoonnffeerreennccee CCeenntteerr,, AAssppeenn IInnssttiittuuttee,, AAssppeenn CCOO:: Mechanical engineering and commissioning agent for new 20,000-ft2 conference facility with pond-loop geo-exchange heating and cooling, strict noise criteria, and difficult site constraints. GGuunnnniissoonn PPuubblliicc SSaaffeettyy FFaacciilliittyy aanndd PPuubblliicc WWoorrkkss,, GGuunnnniissoonn,, CCOO:: Commissioning agent for approx. 50,000 ft2 public safety facility and 17,000 ft2 public works building. These buildings include diverse uses of office spaces, vehicle maintenance facility, jail facility, commercial kitchen, requiring a blend of air handling systems and controls challenges. BBrraassaaddaa RRaanncchh,, PPoowweellll BBuuttttee OORR:: Mechanical engineering and commissioning for new resort buildings including 20,000-ft2 Aquatics Center (seven pools/spas and natatorium), 17,000-ft2 Golf Clubhouse and Pro Shop (two outdoor pools/spas), and three other buildings housing hospitality, restaurants and office spaces heated and cooled by pond-loop geo-exchange systems, solar hot water and ventilation controlled by CO2 detection. Commissioning of the Aquatics Center. REG also provided DOE-2 energy modeling for LEED certification for four buildings on the campus. BBuurrlliinnggaammee PPhhaassee IIII AAffffoorrddaabbllee HHoouussiinngg,, AAssppeenn,, CCOO:: Mechanical Engineer of record for 162-unit workforce housing project. The project was one of the first in the area to use the AIA Integrated Project Delivery (IPD) process, which involves continuous collaboration between the design, estimating, and construction teams. The design also used Building Information Modeling (BIM) with 3-D collision detection to avoid construction conflicts. Individual housing units each have their own heat-recovery ventilators, and condensing DHW water heaters provide all space heating. CCoolloorraaddoo RRoocckkyy MMoouunnttaaiinn SScchhooooll NNoorrtthh aanndd SSoouutthh DDoorrmmiittoorriieess,, CCaarrbboonnddaallee CCOO:: Provided mechanical and commissioning engineering for new dormitory facilities. Systems incorporated solar thermal for domestic hot water and space heating. CCOOMMPPAASSSS SScchhooooll,, AAssppeenn CCOO:: Conducted audits of all existing buildings to asses energy systems condition, resulting in detailed recommendations to aid in future master planning as well as retrofit system narratives for inclusion in BEST grant applications. GGuunnnniissoonn CCoouunnttyy CCoouurrtthhoouussee,, GGuunnnniissoonn,, CCoolloorraaddoo Commissioning agent for approx. 45,000 ft2 county courthouse including hearing rooms, county offices and meeting spaces. PPaaeeppcckkee CCeenntteerr AAuuddiittoorriiuumm,, AAssppeenn IInnssttiittuuttee,, AAssppeenn CCOO Mechanical and structural engineering and commissioning agent for extensive remodel and expansion of 17,000-ft2 performance, library, gallery and office facility with pond-loop geo-exchange heating and cooling, strict noise criteria, and difficult site constraints. CCaarrbboonnddaallee CCoommmmuunniittyy CCeenntteerr,, CCaarrbboonnddaallee CCOO Mechanical and commissioning engineering for major renovation of 44,000-ft2 former school complex into new center for local non-profits, including extensive modeling and design work to develop low-energy systems. SSnnoowwmmaassss VViillllaaggee RReeccrreeaattiioonn FFaacciilliittyy,, SSnnoowwmmaassss VViillllaaggee CCOO:: Mechanical and structural engineering for new 8,000-ft2 facility including five (outdoor) swimming pools/spas, fitness room, and locker rooms. Mechanical features include 33-panel active solar system and heat pump air conditioning that rejects heat to the pool systems. SSnnoowwmmaassss VViillllaaggee TToowwnn HHaallll,, SSnnoowwmmaassss VViillllaaggee CCOO:: Mechanical engineer of record for new 23,000 ft2 facility including police station, council chambers, and ventilated garage. Mechanical features include modulating condensing boilers and CO2-controlled ventilation. 585 CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm Todd Kennedy CCY Architects tkennedy@ccyarchitects.com 970.948.6054 2023.12.13 Re: Armory M-E-P Engineering Todd: Thank you for requesting a proposal from REG for Mechanical, Electrical and Plumbing Engineering services for the Armory Hall project in Aspen, Colorado. To prepare this proposal we discussed the project requirements with you and have reviewed the RFP provided by the City of Aspen as well as relying on our experience engineering within the building previously. REG Qualifications Our experience spans remote back country huts, complicated historic renovations, municipal buildings, performing spaces, 5-star island resorts, downtown projects with zero lot lines and modern luxury residences. We have the experience and skills to bring a highly coordinated project from design to completion. Previously REG has provided mechanical engineering for the council space with the currently Armory Hall, as well as having provided an energy audit of the project along with other buildings in the City of Aspen portfolio. The City of Aspen has worked closely with REG during our MEP engineering of the Wheeler Opera House remodel for all new HVAC systems throughout and remodeling of the offices and restaurant spaces. We have worked closely with Town Staff in a variety of consulting roles over the last twenty years, most recently as technical advisor for energy code updates and to provide a completely overhauled REMP calculator tool to be adopted into the building code process. Our experience working in Aspen is extensive and includes popular dining and catering projects at the Whitehouse, Ajax Tavern, The Little Nell, Limelight Hotel, Aspen Institute Reception Building, Doerr Hosier Center, and Matsuhisa. CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm We live and breathe energy efficiency, and specialize in designing mechanical and structural systems to achieve aggressive energy goals. In addition to nuts-and-bolts design work, we do computerized building simulation—often with our own tools developed in-house to get more accurate results than commercially available tools. We are also active in fieldwork such as commissioning, re- commissioning, energy auditing, and general troubleshooting to make buildings run better. Our track record renovating historic buildings in Aspen to create state-of-the-art high-performance buildings will provide this team with the experience to achieve the City of Aspen’s aggressive energy goals. REG Process At REG we take a wholistic approach to engineering buildings. Prior to designing a system, we review the goals of the project from both the Owner’s and Architect’s perspective. Armed with this information, we review the requirements for structural and MEP systems in detail prior to selecting building systems. This gives us the opportunity to engineer systems that work harmoniously while maintaining the goals of the Ownership and Architectural Team. Moving forward, our project engineers all work in the same Revit file, collaborating in real-time between M- E-P disciplines as the 3-dimensional model of the building evolves. REG Philosophy We regard this project as an opportunity to create spaces of lasting beauty and elegant functionality. Our approach is to solve problems early in the design phase through intelligent coordination with the design team. Rather than using overwhelming force, we depend on a combination of accurate calculations and practical experience to size systems to do their job. We strive for simplicity and efficiency in everything we design, and place a premium on engineering excellence, progressive thinking, clear communication, and a team approach. Mechanical and structural systems are technically “back of house” requirements, but that doesn’t mean they can’t be beautiful in their execution. Project Description Refer to the RFP dated 20236.11.20. 586 CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm Scopes of Work: General (applies to all design disciplines) • Participate in design meetings as required. We anticipate up to 5 in-person design meetings Aspen, 3 in-person meetings with HPC and Council, and others by teleconference as often needed. • Site visit to review existing conditions as a start to the SD process (and in connection with a SD design kick off meeting). • Submittals of up to four plan sets, (SD, DD, Permit, CD) responding to redline comments as necessary. • Internal coordination between mechanical, electrical, and plumbing scopes. • All REG drafting is done in a single Revit model. We anticipate a regular file share and transfer with the architectural model. • All 3D drawings will be available to the contracting team as a 3D pdf file or web enabled Revit model using A360. • Project specifications in Master Spec CSI format of discipline specific specification sections for 100% DD and CD submittals or on plans. • The proposed budget is approx. $17M for construction costs. • This scope of work references the Project Description above. Changes to the size, budget and/or configuration of the referenced building size and/or building systems may require Additional Services. • Construction Assistance and Bidding/Negotiation (Billed hourly, estimate available after CD design is complete) o Revisions to and questions regarding our design after 100% CD plans are released. o Bidding and negotiation questions. o Shop drawing review. o Submittal review. o MEP construction observation site visits as requested. Mechanical Engineering • Early systems analysis for alternative approaches include air-source and ground-source heat pumps, solar thermal and electric systems, and other alternative ideas that may be applicable. This analysis will be based upon our experience and working closely with the Sustainability / Energy Modeling Consultant. We anticipate significant back and forth with this Consultant. • Mechanical plans including: heating, cooling, ventilation, snowmelt system design (if needed), DHW heating, details and schematics as necessary. • Commercial kitchen ventilation system design. • Division 23 specifications. • Division 21 Fire Suppression specifications. FP system design will be by Others. • Permit documentation for mechanical design, including CREMP documentation and coordination with the PV system designer and Landscape Architect. Snowmelt plan for CREMP documentation provided by Others. • The mechanical and lighting portions of COMCheck, if required. We have budgeted for up to one COMCheck submittal. Additional revisions and/or submittals may require additional services. COMCheck for the building envelope to be provided by others. CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm Electrical Engineering • Electrical plans including single-line diagrams, panel schedules, circuit diagrams, utility outlets, connections for alternative energy sources, and other electrical equipment, and details as necessary. • Transformer coordination with local utility. • Backup power systems engineering. • Coordination with PV systems design-build installer. Detailed PV design provided by Design- Build installer. • Lighting system documentation and permit level submittal including: COMCheck compliance documentation, emergency/egress lighting plans and final lighting plans. Lighting designer to provide a DD level set of plans including: RCP showing all fixture specifications and location, switching and controls locations and intent, and complete fixture schedule. This information will be provided to REG in .dwg or .rvt format. We have not budgeted for multiple rounds of revisions to lighting fixture selection or location. The intent is take the DD level of plans which are provided and move that approach linearly to a CD level of plan set. • Tel/data/TV rough-in locations will be shown on REG power plans. All locations will be identified by the Architect or Owner and clearly communicated to REG via redlines on a pdf or marked up cad file (narrative general descriptions will not be sufficient). Plumbing Engineering • Plumbing plans including: o Potable water system (cold water, hot water) o Sanitary sewer system (waste and vent) o Gas lines routing (if required). o Roof drains and deck drains that are routed internally to the buildings. o For systems designed above: service sizing, fixture locations, and fixture schedules. Scope Exclusions The following are specifically excluded from the scope of work under our fees: • Significant design changes requiring redesign. • Fire protection system design. (We will coordinate with the F/P system designer or installer.) • Fireplace venting design, and make-up air system design beyond scope detailed above. • Humidification design. • All low voltage wiring design (audio/visual, telephone, data, security, and fire) beyond locating outlets. • Site and foundation drainage systems. • Documentation or design for LEED, LBC or other sustainability programs. • The proposed addition to the building. • Guarantees or warranties, by a site observation or inspection report from REG, that construction was completed per our plans. • Building systems commissioning. • For most of these exclusions, we may provide additional services on an hourly or flat-fee basis as necessary. 587 CCoonnssuullttiinngg EEnnggiinneeeerrss •• MMeecchhaanniiccaall •• SSttrruuccttuurraall •• EEnneerrggyy CCrreesstteedd BBuuttttee && GGoollddeenn CCoolloorraaddoo •• rreeggiinncc..ccoomm Fees: See provided spreadsheet for fees. Details • Billing. We propose to bill monthly by percent complete and/or hours spent for each discipline. Due to the long duration of construction projects, our rates are subject to change on an annual basis. See provided spreadsheet for current rates as well as rates projected through 2028. • Direct Expenses. Travel time is billable at full rates, unless other arrangements are made. Mileage will be charged at the current IRS Standard Mileage Rate. Expenses (such as shipping, reproduction, and travel) are billed at cost with no markup. Travel costs including hotel and mileage are billed directly; per-diem (meals and other incidentals) billed at $75/day/engineer. • Work Stoppage. If REG is directed to stop work once we have started our engineering services for more than 3 weeks, additional services may be required to re-engage on the project. We have substantial experience in this type of project, and are confident that we can meet the project requirements. Our firm emphasizes engineering excellence, progressive thinking, and clear communication. Please feel free to call if you have any questions about REG’s proposal. Sincerely, August Hasz, P.E. Dodson Harper, P.E., S.E. Principal Engineer Principal Engineer 588 • • • • • • • • • • • • 589 590 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 591 Value Add Roaring Fork Engineering can bring value to the project due to a deep understanding of the City of Aspen standards and familiarity with the processes. RFE has completed several major City projects in the last 5 years, from land use through permitting and completion. We are currently working on the Lumberyard Project for City’s Assets and are familiar with the City staff to collaborate with. As part of the City Offices Project, RFE has reviewed the site, gaining a high-level under- standing of the challenges of the Armory. Creative ways to bring a Historic Building struc- ture into ADA compliance and meet the URMP are items we have extensive experience with. SCOPE: Schematic Design: RFE will participate in the initial design meeting and spend time understanding the site and the constraints. We will also meet with the review department to discuss issues related to making the site code compliant. Using this information, we can produce a schematic level site design for this phase. Land Use Application: RFE will provide civil engineering documents meeting Title 26 of the City of Aspen Land Use Requirements. This will include drawings, an engineering, and drainage report. #970.340.4130 592 CO-133 Carbondale, CO 81623 10 YEAR ANNIVERSARY We build lasting infrastructures and cultivate deep relationships within our community. Roaring Fork Engineering, Inc. (RFE) is a Civil Engineering firm located in Carbondale, Colorado. Established in 2012, RFE offers services in utility capital improvement planning, design (drainage, land development, transportation, water and wastewater treatment and conveyance), and construction management. RFE’s management team have over 50 years of combined experience in planning, design, and construction experience in the Roaring Fork Valley and the Western Slope. We are currently the on call engineer for Carbondale, Basalt Sanitation District and Brush Creek Metro and have a deep understanding of municipal design and contracting practices in the region. RFE thinks differently about civil engineering in rural Colorado. RFE’s mindset is to provide innovative, sustainable solutions that protect and enhance the natural world while bringing a positive difference to the people and communities where we live, work, and play. We work smarter, faster, and are forward thinking. RFE believes our clients are our valued partners and our client’s goals, business, and future are paramount in our designs and our success. RFE’s professional client relationships are our greatest assets. We gain a significant portion of projects from repeat clients due to our responsiveness, quality of work, and personable relationships with those with whom we work with. RFE will always strive to provide premier value, design, and engineering services to our clients. We will also coordinate with City Engineering to determine the best way to make the current building comply with the Urban Runoff Management Plan (URMP). Design Development: RFE will work with the design team to produce a DD-level set of documents to be used for the pricing of the project. Land Use Recordation: RFE will incorporate the comments and changes from the land use review into the set of documents that will be recorded as the Planned Development set. 592 Pitkin County Ambulance Facility Civil engineering for a new ambulance facility and surrounding infrastructure in Aspen, CO. The infrastructure upgrade included several components, including: the relocation of utilities, sewer main extension, drainage and capacity studies. RFE’s design team was able to prove though extensive hydraulic calculations that the existing Hospital infrastructure had capacity for the new building and parking lot expansion. Project Details • Extension of sewer main • Relocation of fiber, gas and electric lines • Drainage study & extensive hydraulic calculations • Stakeholder alignment for bus rerouting Aspen City Offices - City of Aspen Infrastructure for Rio Grande Place, City Offices, and Pitkin County office building, jail, and courthouse. RFE commenced design work on the new Aspen City Office at Rio Grande Place, completing the land use application and attending public meetings to address civil engineering issues. The project was then phased into the infrastructure at Rio Grande Place and the actual building site. In addition to extensive civil engineering work, RFE inspected, recorded, and documented the construction to ensure the contractor was following City of Aspen and Aspen Consolidated Sanitation District’s Construction Standards. Project Details • Complex drain system design • Hydraulic modeling to size inlets and pipes • Coordination of affected utilities • Main waterline replacement • Major sewer trunk line upgrade • Relocation of community vaults • Electrical equipment replacement 10 YEAR ANNIVERSARY We build lasting infrastructures and cultivate deep relationships within our community. #970.340.4130 592 CO-133 Carbondale, CO 81623 #970.340.4130 592 CO-133 Carbondale, CO 81623 593 Richard B. Goulding, P.E. Civil Engineer, Principal in Charge Richard Goulding has lived and worked as a civil engineer in the Roaring Fork Valley for 23 years and founded RFE in 2012. In addition to a broad base of engineering knowledge and expertise, Richard brings with him a solid reputation in the area and established relationships within the Roaring Fork Valley community. In his role as the Founder and a Principal at RFE he has led the design of multiple infrastructure projects for the City of Aspen Engineering & Water Departments, Pitkin County, the Town of Carbondale, Aspen Consolidated Sanitation District, Brush Creek Metropolitan District, and the Aspen Skiing Company. He oversaw the construction of many of these projects and provided inspection oversight on several projects designed by other engineers. In addition to his RFE work, Richard has five years of experience with the City of Aspen Engineering Department and seven years at one of the largest engineering firms on the Western Slope. During his career in the Roaring Fork Valley, Richard has formed excellent professional and personal relationships with colleagues at municipal and state government agencies. He also maintains strong working relationships with local utility providers. Richard’s areas of expertise include utility, drainage design, site design and construction administration. Richard is currently the District Engineer for the Basalt Sanitation District and Brush Creek Metro District. In addition, he performs on-call Engineering services for the Town of Carbondale. UTILITY DESIGN AND PLANNING Richard designed several significant utility projects. He has designed water treatment facilities, wastewater plants and laid out complex water and sewer systems to comply with both local and state standards. He is very familiar the AWWA and CDPHE standards, pressure testing, and flushing procedures. He also completed complex phasing plans for municipal clients. Example projects include: Rio Grande Place infrastructure Basalt Vista infrastructure including water, sewer, and dry utilities. Brush Creek Metro District capital improvement and metering project Aspen Pedestrian Mall utility planning. Rubey Subdivision access utility, and irrigation design/masterplan. Roaring Fork Road waterline. Lazy Chair Road and utility corridor. Mill Street sanitary sewer. Red Mountain Road/ Hunter Creek waterline replacement. DRAINAGE DESIGN Richard has completed a number a large drainage designs for public and private clients developing subdivisions and large sites. Most of these are within resort communities. He has a thorough understanding of Urban Drainage Design Manuals and, since starting RFE, many of his projects have been focused on low impact drainage designs. Richard has also participated in the writing of drainage code for municipalities and regularly reviews projects for the Town of Carbondale. Examples of his work include. Basalt Vista drainage and debris flow Education Civil and Environmental Engineering, University College Cork, 1999 Master of Business Administration, University of Wyoming, 2013 Registration Professional Engineer: Colorado, 2005 Richard B. Goulding, P.E. Rio Grande Place master drainage plan Spring Valley Phase 1&2 drainage design Lumberyard storm water management CONSTRUCTION MANAGEMENT Richard has taken a construction manager role on a number of his design projects. He has experience with EJCDC documents and conflict resolution in conformance with contract, He also has knowledge of the rules and regulations regarding projects that receive funding with Davis Bacon wage requirements. He has provided input to control costs and worked with contractors to value engineer projects. He also led the inspections for several Valley infrastructure projects. These include: Lumberyard drainage master plan One Aspen inspections Main Street Water inspections Town of Carbondale Market Place inspections Aspen City Offices and Rio Grande Place Basalt Vista Aspen Valley Polo Fields 594 Danny C. Stewart, P.E. Civil Engineer, Project Manager Danny Stewart grew up on the Western Slope of Colorado and has been practicing as a consulting engineer in the Roaring Fork Valley for over 16 years. He has a wide range of design and project management experience for a variety of civil discipline engineering projects. Danny’s experience includes design and project management for municipal, state, county, and federal infrastructure projects, as well as on private and commercial development projects. Danny also is experienced in construction administration as well as a field engineering inspector. SITE DEVELOPMENT Danny provides site and infrastructure design for a variety of private development projects. Different development projects include subdivisions utilizing street, grading, drainage and utility design. He designed single housing projects in Aspen and Pitkin County, many of which included OWTS designs and storm water treatment along with close involvement with architects, property managers and landscape architects. Example projects include: The Tree Farm Aspen City Offices Aspen Affordable Housing Basalt Vista - Habitat for Humanity Maroon Creek Club Pool and Recreation Improvements. UTILITY DESIGN Danny has designed many underground utilities for his development and road and street projects. He has also designed stand-alone utility projects including sewer lines, water mains and high-pressure gas lines. Example projects include: Rio Grande/Founders Place water and sewer main improvements The Tree Farm infrastructure projects Castle Creek water main improvements Midland Avenue water main improvements HYDRAULIC AND DRAINAGE DESIGN Danny has experience with hydraulic design using modeling programs like HEC-RAS, HECHMS, and FLO 2D. He has worked on FEMA studies including flood plain modeling and FEMA map revisions. He has experience in dam break modeling and hydrology studies for jurisdictional and non-jurisdictional dams. He used this experience for a hydraulic study and hazard classification report for Meridian Lake Park Dam near Crested Butte. Much of his hydraulic and drainage design is part of road and bridge projects to model 100- and 500-year floods to set bridge elevations and design large drainage structures to mitigate storm water runoff and debris flows. Danny has also provided engineer design for irrigation ditch diversion structures. Projects include: Basalt Vista Debris Flow Mitigation Pond Slate Creek Debris Flow Study 1140 Black Birch LOMR Meridian Lake Park Dam (Crested Butte) Atkinson Ditch diversion structure (Four Mile Creek) Education B.S. University of Wyoming Civil Engineering, 2007 Registration Professional Engineer: Colorado, 2012 Wyoming, 2022 Danny C. Stewart, P.E. Civil Engineer, Principal ROAD, TRAIL, AND STREET DESIGN As a consulting engineer, Danny has designed and managed many transportation infrastructure projects. Experience includes road design for The City of Aspen and the Town of Carbondale, and Mesa, Garfield, and Eagle counties. Projects include Rio Grande Place in Aspen, 8th Street and Snowmass Drive in Carbondale, 45.5 road and highway 330 in Mesa County, county road 300, 100, 109, and 126 improvement projects in Garfield County and Cedar Drive and Catamount Bridge improvements in Eagle County. These projects incorporated many engineering disciplines other than road design such as bridge design, structural concrete, gravity and MSE retaining walls, hydraulic and drainage design, and traffic studies. Danny has designed bike and multi-use trails, most involving pedestrian bridges and retaining walls. Design and management of trail projects include Gore Valley Trail in Vail, Kodiak Lake Trail in Eagle County, LOVA Trail in South Canyon, ECO trails in Dotsero and Eagle to Walcott segment, West Midland and 14th Street multi-use paths in Glenwood Springs and Pitkin County Open Space trails. Most of these projects included sidewalk and storm sewer design and involved private property improvements and coordination to work in CDOT right-of-way. Many of the above projects involved federal funding from DOLA, GOCO, and FMLD or where CDOT funded local agency projects. CONSTRUCTION MANAGEMENT Danny has provided construction support and inspection for many of his own projects and as a junior engineer on many other designers’ projects. He is familiar with daily inspection reports including CDOT inspection forms. He understands traffic control MUTCD regulations and is familiar with construction safety standards. Danny’s past construction experience prior to his engineering career has provided unique knowledge he uses as a construction manager. His projects include: Rio Grande Place Utilities One Aspen Inspections RFTA - West Glenwood Park and Ride 595 Design Workshop is an international design studio, integrating landscape architecture, urban design, planning and strategic services. Whether designing a restorative private garden, developing the vision for a contemporary park or reimagining an underperforming downtown center, we go beyond the project itself to create places of timeless beauty and meaningful connections. We are a community of designers, planners and strategists, who love what we do. We design for people - not just today but for future generations. Our performance-based approach yields measurable results and projects that stand the test of time. In other words, we don’t just hope for sustainable projects; we rely on our process to deliver them. We call this process DW Legacy Design®. For over 50 years, “workshop” remains a hallmark of our firm, supporting collaboration and experimentation where clients and designers solve problems together. Design Workshop is dedicated to creating Legacy projects for our clients, society and the well-being of our planet. Our Legacy DW Legacy Design® represents our commitment to design projects that outlast us and contribute to a healthier world. Our methodology ensures every project has a balance between environmental sensitivity, community connection, artistry and economic viability. With this approach, our projects reflect the critical issues facing the built environment and deliver measurable benefits. It is the foundation of the firm’s workshop culture and the defining process of our practice. Environment We are stewards of the environment and champions for a sustainable future. Community An inclusive engagement process is critical to (re) building the social fabric of the community. Economics Projects must be financially sustainable to last generations. We need to consider market reality and return on investment. Art Art is an integral part of the human experience; it challenges assumptions and provokes thought while revealing beauty and meaning. 535 + DESIGN + PLANNING AWARDS 56 COMMUNITY ENGAGEMENT AWARDS DW Legacy Design® 100 % Employee Owned DW Studios Aspen Austin Chicago Denver Houston Lake Tahoe Los Angeles Raleigh DW Foundation We are dedicated to giving back to our communities. We have established the DW Foundation, which offers time and materials to select community projects. 54 Year History Working in the Mountain West Design Workshop 596 Design Workshop Education Harvard Graduate School of Design, Advanced Management Development Program in Real Estate Bachelor of Landscape Architecture, Oklahoma State University Licensure and Certifications Professional Landscape Architect: CO LEED® Accredited Professional Building Design and Construction American Institute of Certified Planners (AICP) Professional Affiliations American Planning Association (APA) Urban Land Institute (ULI) Urban Land Institute (ULI) Colorado Resort Entertainment Tourism and Lesisure (RETL), Product Council Board Member Design WEEK Coordinator Recent Awards and Honors ULI Colorado Impact Awards, Rising Star Nomination Landscape Architecture Medal of Excellence, Design Week Darla Callaway PLA, AICP, LEED® AP PRINCIPAL LANDSCAPE ARCHITECT A landscape architect and planner with over 12 years of experience, Darla has led some of DW’s most complex urban redevelopment projects, mountain resort master plans, site design, community visioning plans and public facilitation. No matter the scale, Darla’s accomplishments are centered on responsible land use and creating lasting places. Darla is an active member of Colorado’s ULI Resort, Entertainment, Tourism and Leisure Product Council and has been a research contributor for the Landscape Architecture Foundation, evaluating the environmental and economic performance of landscape architecture projects in the U.S. and internationally. Selected Project Experience Aspen Police Station and Affordable Housing – Aspen, CO Beginning with property due diligence during the Aspen Facilities Master Plan, Darla provided landscape architecture services for all outdoor spaces of the new police station and employee housing building, construction documents and construction observation through the implementation phase. Aspen City Offices – Aspen, CO Darla served as the Principal Landscape Architect on the design and planning for Aspen’s new City Hall and Offices. Design Workshop provided landscape architecture services for all outdoor spaces and completed construction documents. Construction was completed in 2023. Galena Plaza – Aspen, CO Darla served as the Principal-in-Charge on this project to reconsider Galena Plaza’s public space programming. Design Workshop created and presented conceptual design alternatives and conducted stakeholder engagement interviews to inform their plan. Downtown Historic Pedestrian Malls Master Plan – Aspen, CO The Aspen Pedestrian Malls are at a critical moment in time with failing infrastructure threating their legacy. After securing an approved master plan, Darla led a complex renovation design of the Pedestrian Malls, ensuring historical integrity is maintained, innovative and sustainable infrastructure are implemented and the Malls are memorable for Aspen’s locals and visitors. 5 Project Team Education Master of City and Regional Planning, Ohio State University Bachelor of Political Science, University of Colorado Licensure and Certifications American Institute of Certified Planners (AICP) Lean Six Sigma Green Belt Professional Affiliations American Planning Association (APA) Legislative and Policy Committee Pitkin County Growth Advisory Committee YEP! Youth Engagement Planning Board Member Recent Awards and Honors STaR Award for Comprehensive Planning, Telluride 2022 Community Vision and Action Plan APA Colorado Merit Award in Community Engagement, 2022 Telluride Community Vision and Action Plan APA Colorado Honor Award, Creation of Updated Commercial Design Jessica Garrow AICP PRINICPAL PLANNER & COMMUNITY ENGAGEMENT SPECIALIST Jessica is a community development professional with nearly twenty years of experience and a proven track record of successful planning implementation and community engagement. She has effectively managed significant and complex projects and budgets, worked to craft innovative planning policies, and promoted sustainable comprehensive planning. Prior to Design Workshop, Jessica worked as a land use planner and Community Development Director for the City of Aspen. During that time she worked on economic development plans, award winning and broad community engagement strategies, the Comprehensive Plan and a number of overhauls to the Land Use Code. Select Project Experience Amory Hall Market Study – Aspen, CO Jessica and the Design Workshop team worked with the City of Aspen as they explored new uses for the Aspen Armory Hall. This included extensive stakeholder interviews, situational analysis and market feasibility analysis and reporting. City of Aspen Development Moratorium Support – Aspen, CO Jessica led efforts with the City of Aspen as they explored code and policy amendments related to residential development, including updates to the Growth Management Quota System. This included extensive community engagement meetings, surveys, focus group meetings, and data analysis. Telluride 2022 Community Vision and Action Plan – Telluride, CO Jessica worked with the Town of Telluride to establish a Vision and Action Plan that reflects the community’s goals. The process focused on creating a shared vision through facilitation and robust community engagement. Mesa County Strategic Plan – Mesa County, CO Jessica supported efforts to create an updated Strategic Plan for Mesa County. The Plan was the result of a series of focused facilitated sessions and created consensus between departments that had previously worked in silos. Land Use Application Processing – Multiple Locations Jessica provides land use application services to private clients on the western slope. This work includes working with staff, completing land use applications, and appearing before boards and commissions. 4 Project Team 597 Design Workshop6 Project Team Ashley Hejtmanek PLA, AICP, LEED® GA HISTORIC PRESERVATIONIST Ashley is a project manager and associate with Design Workshop. Her experiences in the disciplines of planning, community engagement, urban design, site planning, and historic preservation are broad and far-reaching over her 15 year tenure with the firm. Her professional interests include the interactions between culture and the land and creating lasting impressions that benefit the good of the public and environment. Ashley has a certificate in preservation planning from the University of Virginia with a focus on cultural landscapes. Selected Project Experience Old Western State Hospital – Staunton, VA Ashley prepared a cultural landscape report for the Garden Club of Virginia on the Old Western State Hospital campus in Staunton, Virgina. As the grounds were engaging in private redevelopment, the GCV wanted to assure that the tangible elements of the landscape and the and the hospital’s story were recorded in perpetuity. This experience lead to a deep study of early mental hospital sites in the East and the meaning that their remnant landscapes portray. Story Mill Community Park – Bozeman, MT A Parks for People project for the Trust for Public Land, Design Workshop lead a multi-disciplinary team through the master plan and implementation of a 60-acre regional park in the heart of Bozeman. Surrounded by the rich historic and natural landscape of the city, the park hosts everything from a nature sanctuary to an adventure playground for all ages. Port Gamble – Puget Sound, WA Port Gamble is one of the longest surviving company towns in the United States. Designated a National Historic Landmark District, the town’s future has been in flux since the mills closed in 1995 and as historic resources have gradually diminished. Recognizing a need to preserve the remaining intact townsite as more than a living history museum, Pope Resources engaged with Design Workshop to provide a framework for a resilient future. Education Master of Urban and Environmental Planning with Historic Preservation Planning Concentration, University of Virginia Bachelor of Arts in Landscape Architecture, Pennsylvania State University Licensure and Certifications Professional Landscape Architect: CO American Institute of Certified Planners (AICP) LEED® Green Associate Certified Construction Documents Technologist (CSI) Professional Affiliations American Planning Association (APA) National Recreation and Park Association Carbondale Parks and Recreation Commission Education Bachelor of Landscape Architecture, Louisiana State University Licensure and Certifications Professional Landscape Architect: CO Specialist in Ornamental Horticulture; Royal Botanic Gardens at Kew Professional Affiliations American Society of Landscape Architects (ASLA) The Morton Arboretum Max Guzzetta PLA PROJECT MANAGER, PROJECT LANDSCAPE ARCHITECT Max is a project manager and associate in Design Workshop’s Aspen Office. Max has managed multiple large-scale residential and mixed-use projects in the Roaring Fork Valley and across the mountain west from conceptual design through construction observation. His involvement in many projects within Pitkin County have solidified a deep understanding of the land use application process within both the City of Aspen and Pitkin County. As a Landscape Architect Max’s passion in the field is deeply rooted in place making and how effective site design can serve as a bridge between the native landscape and culture. Select Project Experience River Park Townhomes – Aspen, CO Max served as the project manager for this multifamily residential complex within the City of Aspen. The project focused on the redesign of the communities green roof garden due to the declining structural integrity of the sub-grade parking garage that would support the needs of it’s current residents while maintaining the character and identity of the place. Copper Mountain Feasibility Study – Copper Mountain, CO Max served as the landscape designer during the master planning process that considered the values of balancing landscape conservation and development density for a mixed-use neighborhood. Middlebrook Farms – Des Moines, IA Max served as the landscape designer on this community of 1000 homes and mixed-use town center. The first phase of development includes a town farm, community garden, some single-family homes and a 1900-era schoolhouse that is being refurbished as a craft brewery. Recently Submitted Land-Use Applications 239 Willoughby Way – Aspen, CO Aspen Valley Ranch – Aspen, CO McLain Flats Ranch – Aspen, CO 71 Salvation – Aspen, CO 188 Loge’s Spring Road – Aspen, CO Castle Creek Valley Ranch Lot 5 – Aspen, CO 7 Project Team 598 Design Workshop Education Master of Urban and Regional Planning, Physical Planning and Design, University of Michigan Bachelor of Arts, International Studies – World Economy and Business, The Ohio State University Professional Affiliations Urban Land Institute (ULI) *Indicated project completed prior to joining DW Eric Krohngold LEAD MARKET ANALYST Eric is a member of the Strategic Services team based out of DW’s Denver Office. Prior to joining DW, Eric provided real estate development and facility planning advisory services to colleges and universities throughout the United States. He received his bachelor’s in International Studies with a focus on Economics and Business from Ohio State University and a Master of Urban and Region and Planning from the University of Michigan. Eric believes strongly in the transformative power of community and market driven real estate development projects and is passionate about weaving community engagement efforts throughout the project planning process. His skills range from regional market analysis and master planning to individual project market and financial feasibility studies. Select Project Experience Amory Hall Market Study – Aspen, CO Eric was the project manager on this project that explored new uses for the Aspen Armory Hall. This included extensive stakeholder interviews, situational analysis and market feasibility analysis and reporting. Aspen Residential Development Moratorium Support – Aspen, CO Eric was the project manager and led efforts with the City of Aspen as they explored code and policy amendments related to residential development, including updates to the Growth Management Quota System. This included community engagement meetings, surveys, focus group meetings, and analysis. Aspen Multi-family Replacement Economic Study – Aspen, CO Land values, expiring deed restrictions, and a complex development code created a convergence of issues that inhibited the development of affordable housing in Aspen. Eric developed customized financial models that allowed for the testing of multiple development scenarios and changes to existing code language. New Mexico State University Campus Enhancement Initiative – Las Cruces, NM* Eric was part of the project team that facilitated a competitive 18-month solicitation process to outsource a portion of New Mexico State University’s Auxiliary Business enterprise. The 18-month process resulted in a 50-year management agreement with Sodexo and is expected to provide a financial return the University in excess of $2 billion. 8 Project Team Alex is a member of the Strategic Services team. Prior to working at Design Workshop, Alex was the Director of Investor Relations and Special Events at the Jefferson Chamber of Commerce in Metairie, Louisiana. There, she focused on investor relations, sponsorship management, and corporate events. She facilitated community engagement efforts, participated in planning and policy processes, and collaborated with stakeholders from diverse backgrounds and perspectives. Alex views placemaking as a holistic and adaptable approach to development and design, and is passionate about integrating people-centered strategies into planning for economic development, climate resiliency, and community health. Select Project Experience San Miguel County East End Plan – San Miguel County, CO Aspen Residential Development Moratorium Support – Aspen, CO Aspen Armory Market Analysis – Aspen, CO Alex Zarookian Market Analyst Education Master of Urban Placemaking and Management, Pratt Institute Bachelor of Management and Marketing, Tulane University Leen is a planner at Design Workshop. She is passionate about planning and designing places that cultivate community, prosperity, and connectivity. She has experience working on mixed-use, transit-oriented projects in different metro areas around the United States. Her research efforts have centered on achieving equitable outcomes for underserved communities, including proposing innovative approaches to affordable housing in Phoenix, identifying opportunities in the platform economy for women in Bangkok, and advancing the “right to the city” UN-Habitat framework in Beirut. Select Project Experience Tempe Parks and Recreation Equity Study – Tempe, AZ San Miguel County East End Plan – San Miguel County, CO Due Diligence Reports – Various Locations Leen Elharake Planner and Community Engagement Support Education Master of Urban and Environmental Planning, Arizona State University, Tempe Bachelor of Architecture, Lebanese American University 9 Project Team 599 Pitkin County Public Library, Aspen, CO PROJECT EXPERIENCE Design Workshop 600 Aspen Facilities Master Plan Aspen, Colorado The Aspen municipal operations were faced with an acute space shortage and no option for a long- term lease for current operations. Design Workshop began this project by reviewing all city-owned properties to determine sites suitable for this type of development. Through detailed site assessments and a series of development conclusions (access, neighborhood compatibility, usable site area and zoning implications), a site was selected for a new police station and new city offices. The Facilities Master Plan resulted in two implemented development projects. DW provided landscape architecture services for all outdoor spaces of the city facility buildings. Site features include courtyards, employee gathering spaces, streetscapes that transition into building entries, and plazas for civic gathering. DW was responsible for facilitating public outreach, collecting input through public open houses and stakeholder focused meetings. DW developed construction documents and saw the projects through construction observation. Client City of Aspen Services Provided Pre-development, Site Assessments, Landscape Architecture, Community Engagement 12 Project Experience Design Workshop 601 Design Workshop Aspen Armory Hall Market Study Aspen, Colorado The Armory has served Aspen’s community in many ways throughout its history, but a consistent purpose has been its role as a public- facing community hub. With the new City Hall completing construction in 2021, the City of Aspen faced a new challenge: what use would the historic Aspen Armory Hall serve to its local community? To honor the Armory’s history and perpetuate its legacy for future generations, redevelopment must strategically incorporate design, market-supportable uses, flexible programming, and amenities and services that meet the needs of Aspen’s modern community. Design Workshop was hired to complete a market feasibility report that involved extensive stakeholder interviews and marketing analysis to evaluate final use options backed by the local community. Through engagement and outreach efforts the following programming options were identified and examined: food service, flexible meeting space, retail and non-profit office space. Client City of Aspen Services Provided Market Analysis, Stakeholder Engagement Image Credit: History Colorado 14 Project Experience Aspen Residential Development Moratorium Support Aspen, Colorado Facing an unprecedented surge in residential development, the City of Aspen declared an emergency moratorium on all residential building permit and land use applications in December 2021. The city sought to understand the impacts growth in the free-market residential sector was having on the community in terms of affordable housing needs, mass and scale, and transportation impacts. The city hired Design Workshop to lead analysis efforts, policy work, and community engagement and to support their code development. The technical scope of this project involved reviewing current affordable housing zoning allowances, residential permitting trends, real estate transactions, traits of existing market-rate and affordable housing stock, and completing a case study analysis. The Design Workshop team focused engagement efforts to hear from a broad spectrum of the community. Engagement events included individual interviews, small group discussions, community open houses, and pop- up events throughout Aspen’s neighborhoods. Aspen Community Voice, email blasts, and newspaper ads provided information about the project in digital and print opportunities. The robust engagement process resulted in clear direction for new land use requirements. Adopted in June 2022, the new code sets innovative standards for residential development that limit the amount of scrape and replace development, increase housing mitigation requirements, and diverts construction waste from the landfill. Client City of Aspen Services Provided Public Facilitation and Outreach, Policy Analysis, Housing Analysis, Code Drafting Project Experience 15 602 impact development improvements. Building on their efforts, the team is currently in a schematic design process to implement improvements outlined in the master plan within the Pedestrian Mall, including: • Developing guidelines for redevelopment, • Verifying technical details and infrastructure planning, • Confirming historic preservation strategies, • Identifying a roadmap for construction phasing and implementation, • Developing an understanding of costs, and • Strategizing construction management tools to assist business along the malls. Aspen Pedestrian Mall Aspen, Colorado In 1976 the City of Aspen transformed four, automobile-dominant streets into the Aspen Pedestrian Mall, today one of the community’s most celebrated and iconic public spaces. However, after years of development and growth led to deteriorating infrastructure, inaccessible surfaces, and a forecasted wave of redevelopment. Challenged to find effective, yet sensitive solutions to protect the historic character of the area, the City of Aspen hired Design Workshop to create a redevelopment master plan for the future of the mall. The team developed a community-driven plan for the city that identified preservation goals with sustainable infrastructure, accessibility, and low- Client City of Aspen Services Provided Master Planning, Landscape Architecture, Community Engagement 16 Project Experience Design Workshop Workshop developed construction documents and saw the project through construction observation. Client Aspen Police Station Services Provided Pre-development, Site Assessments, Landscape Architecture, Community Engagement Aspen Police Station Aspen, Colorado Identified in the Facilities Master Plan, the Aspen Police Station suffered from space shortage, lack of affordable housing option and no long- term lease options. Through rigorous analysis, it was decided that instead of looking for existing housing and lease options, a new police station were to be constructed with affordable employee housing units on site. Design Workshop provided landscape architecture services for all outdoor spaces of the new police station. A public courtyard will host various police functions including a public bike auction, bike safety course and community bbq’s. A semi-private employee courtyard will allow for staff meetings and shift breaks. Design Project Experience 17 603 Design Workshop Telluride Community Vision and Action Plan Telluride, Colorado Telluride has a special history of mining, recreation, and culture within the American West. The town maintains a down-to-earth vibe celebrating local arts and culture with unparalleled access to recreation - from skiing in the winter to mountain biking and hiking in the summer and a plethora of year-round festivals. Yet Telluride has also changed over the past decade and the time has come for the community to come together in a discussion about how to plan for the future of housing, economy, transportation, and environment over the next 10 years. The Town hired Design Workshop to lead the Telluride 2022 Community Vision and Action Plan process, which will define the vision and values of the community, with targeted actions to support future planning efforts. Guided by a robust community engagement strategy of surveys, pop-up events and listening sessions, this vision plan is an intentional roadmap to guide decision making that reflects the core values of Telluride to inspire action. The work identifies what makes Telluride a livable community where the highest quality of life and measures are achieved. The vision plan will set the stage for a future master plan update which will expand upon the goals through policy and regulations to achieve the vision. Client Town of Telluride Services Provided Community Planning, Facilitation, Vision Planning APA STAR AWARDCOMPREHENSIVE PLANNING APA COLORADO MERIT AWARD IN COIMMUNITY ENGAGEMENT 18 Project Experience Aspen Land Use Planning Projects Aspen, Colorado Prior to joining Design Workshop, Jessica worked for the City of Aspen, including extensive experience processing land use applications. A sampling of these cases are linked here. Additionally, Design Workshop is currently providing the City of Aspen with support in reviewing and writing approvals for pending land use applications. Jessica Garrow’s Project Experience • Sky Hotel – Commercial Design Growth Management and Subdivision • Aspen Club – Planned Development, Growth Management, Commercial Design and Subdivison • Stage 3 (625 E Main) – Subdivision Review • Theatre Aspen Permanent Structure – Growth Management and Specially Planned Area Review • 1150 Cemetery Lane – Residential Design Standard Variance • Aspen Alps – Planned Development Designation • Little Nell Ski Hill Turf Replacement – Greenline Review Exemption • X Games Special Event Light Display – Temporary Use Review Project Experience 19 604 Design Workshop Relevant Project List Project Name Location Aspen Armory Hall Market Study Aspen, CO Aspen Facilities Master Plan Aspen, CO Aspen Institute Marble Garden Restoration Aspen, CO Aspen Galena Plaza Aspen, CO Aspen Gondola Plaza Aspen, CO Aspen Jewish Community Center Aspen, CO Aspen Music School Campus Aspen, CO Aspen Pedestrian Mall Aspen, CO Aspen Police Station Aspen, CO Aspen Residential Development Moratorium Support Aspen, CO Aspen Sundeck Aspen, CO Hotel Jerome Remodel Aspen, CO Joplin Public Library Joplin, MO Pitkin County Public Library Aspen, CO Telluride Community Vision Plan Telluride, CO San Miguel County East End Master Plan San Miguel County, CO Hourly Rates Team Member Hourly Rate Jessica Garrow $275 Darla Callaway $275 Ashley Hejitmanek $200 Max Guzzetta $175 Eric Krohngold $200 Alex Zarookian $130 Leen Elharake $110 20 Project Experience SCOPE & FEE Aspen Residential Development Moratorium Support, Aspen, CO605 Design Workshop The following Scope of Services details the steps that will be needed to complete the community engagement, site planning, and the preparation of the land use application to allow for the City of Aspen Armory Hall Remodel and Reuse project. Scope of Work Task 1 Review Existing Conditions Task 1.1 Strategic Kick-Off and Consultant Team Site Visit Design Workshop will join the team for an in-person or virtual SKO and site visit. The Principal-in-Charge and Project Manager will be in attendance. Task 1 Deliverables: • Strategic Kick-off attendance • One day consultant team site visit Task 2 Enhanced Schematic Design Task 2.1 Community Engagement Community engagement is a critical aspect of the Armory project. We will prepare a Plan and Schedule for effective public engagement, referred to as Community Engagement Plan, to build on the success of the city’s previous efforts. We will work with staff to categorize the groups and individuals that have be identified as key stakeholders that should be engaged in the process. We will monitor stakeholder engagement and strategic touchpoints throughout the process to track engagement and metrics. Updates and review of the tracking system, and engagement with targeted stakeholder groups will be assessed at key milestones during the project to ensure adaptability and efficacy of stakeholder engagement. Task 2.2 Site Design Assistance It is our understanding that the Parks Department will be providing design services for all site improvements. However, Design Workshop can provide site design assistance through collaboration with the Parks Department upon request. It is assumed that Design Workshop may assist in the development of conceptual site plan alternatives in collaboration with the project team at this phase. The scope of services may include additional site analysis, site plan concept generation, development of exhibits or illustrative renderings, 3D modeling, interdisciplinary coordination and attendance at meetings. The extent and level of involvement of such tasks is not currently fully known. As such, tasks will be billed on an as needed Time and Materials Basis. Task 2.3 Community Engagement and Public Meetings Design Workshop will coordinate with the city’s communications department to build upon the outreach that has already been undertaken in identifying project programming and stakeholder engagement. At the completion of the Part 1 Enhanced Schematic Design Scope and the development of two initial design and operations studies, Design Workshop will coordinate and lead one engagement session to discuss and receive feedback from the community prior to review by City Council. Additionally, Design Workshop will participate in one work session to solidify direction on the two schematic design options and will facilitate a second to determine the final path for submitting a land use application. In support of the Enhanced Schematic Design process the following public meetings and outreach strategies will be conducted. • Mass Emailing Effort: Design Workshop will provide an email template including text and applicable graphics to be used as a community outreach tool. We anticipate the city will send the email through their project email or the Aspen Community Voice platform. • Advertising Effort: In order to reach a broader range of stakeholders advertising via radio, newspaper and social media will be critical. Design Workshop will provide a “press packet” that can be used with local news outlets and community information sources and channels. We will include a schedule indicating when advertisements and social media posts should announce various planning efforts and information. This will link them to the project website and project information. Leveraging existing communication channels and socials will serve to amplify the opportunities for community engagement and provide distinct metrics for reporting project reach. • Online Survey: We will work with city staff to develop an open questionnaire to understand key thoughts and ideas around the Armory Hall Remodel and Reuse schematic design concepts. This may cover a full range of policies 22 Scope & Fee that need to be informed by public opinion. Our scope anticipates Design Workshop will create the online survey and the City will distribute information through Aspen Community Voice. In addition, we suggest using business cards with a QR code and Flyers around the community to share information. These will be provided for distribution at community events encouraging people to take the online survey. We also recommend gathering questions and responding through Aspen Community Voice using the existing platform tools. • In-Person Outreach Event: Meeting the community where they are at is an important way to gather input. Design workshop will facilitate one (1) in-person outreach event including preparations associated with the display of materials. We propose conducting the meeting at Armory Hall and it is assumed that the event will last approximately three (3) hours plus preparation time. Three Design Workshop staff will be available to support the engagement event. • Outreach Summary Report: Design Workshop will prepare a robust engagement summary identifying the ideas, themes, and goals identified by the community through the process. This task will compile all the feedback into a graphic report that can be easily understood by the community. We will also create up to 10 PowerPoint slides that describe the process and key findings that can be used at the council work session. • City Council Work Sessions: Design Workshop will attend two (2) City Council work session public meetings during the schematic design effort. We assume 4 hours for both the Principal-in-Charge and Project Manager to attend both public meetings in addition to staff preparation time. Task 3 Support for Land Use Application and Review Process Armory Hall is located in the Public (PUB) zone district with a Planned Development (PD) Overlay. The proposed development will require a PD amendment, and associated land use reviews. As a public project, the Armory Hall Remodel and Reuse qualifies for a Public Project Review, pursuant to chapter 26.500. This consolidates what can be three to four steps of review into two. This scope assumes that the Public Process review will be utilized, with reviews at the Historic Preservation Commission (HPC) and then City Council. Based on initial studies and the Architecture/Design RFP, we understand that the proposed scope of work includes: • Removal of the present second story resulting in a square footage reduction of +/-5,000sq.ft. • Potential building addition along the northern alley was to reclaim the square footage lost. • Updated mechanical and HVAC infrastructure to accommodate food services and updated program. • Structural improvements and preservation / repair of building façade. • Site improvements to Connor Memorial Park and the Army Lot. • Roof replacement. • Replacement of interior finishes. • Circulation for building and transportation improvements, as necessary. • ADA compliant improvements. Given the Armory Hall’s designation on the Aspen Inventory of Historic Sites and Structures and location in the Community Outreach Event. Telluride Community Vision and Action Plan, Telluride, CO Scope & Fee 23 606 Design Workshop Commercial Core, an HP Major Review will be required, pursuant to Chapter 26.415 in addition to a Commercial Design Review, pursuant to Chapter 26.412. Design Workshop will work directly with the project team to ensure architectural and site planning meet the requirements of these design- based reviews. Additionally, the Armory is considered an Essential Public Facility (EPF). The addition of any new net leasable space will require a Growth Management Review. As an EPF this review requires HPC to determine how many employees are generated by the space, and then City Council determines the amount of housing mitigation, if any is required. (Applicable Review Section 26.470.110.d, City Council Reviews, Essential Public Facility) Any new space will also require the creation of parking spaces and/or transportation mitigation, pursuant to Chapter 26.515, Transportation and Parking Management. As an Essential public facility building inside the Aspen Infill area, these requirements will be established by Special Review. Design Workshop anticipates using the existing Transportation Impact Analysis tool as the guide for determining these impacts and appropriate mitigation methods. The existing zoning as a Planned Development will require a PD Amendment to adjust dimensions and the exterior design. Based on the scope of work, we anticipate this will be considered a Major PD Amendment(Section 26.445.110.f., Major Amendment). Finally, we expect there to be a view plane review given the project’s position within the Courthouse view plane, pursuant to Chapter 26.435. Armory Hall rests within the foreground for both View Planes, and the team will be required to show that any adjustments on the roof do not infringe on the view plane. We will work with the design team to ensure changes to the roof keep the view plane constraint in mind during the design phase. Additionally, a view plane survey will be required to show compliance with the code requirements. It is assumed that all of these reviews will be consolidated through the Public Project review to a review and recommendation with HPC and a final decision with City Council. The following scope of work is proposed for the land use review process: Task 3.1 Pre-Application Meeting Design Workshop will join a pre- application meeting with the Community Development Department. This meeting will be completed in person. At this meeting, the city will identify the required land use review processes and application materials, including the opportunity to use the Public Project review process. Deliverables • Pre-Application meeting attendance. • Pre-application meeting summary (from Community Development). Task 3.2 Land Use Application Development Based on the pre-application meeting summary, Design Workshop will prepare a land use application. This is anticipated to include Growth Management Review for Essential Public Facility, Special Review for Parking and Transportation, View To this day, “workshop” remains a hallmark of our firm, supporting collaboration and experimentation. 24 Scope & Fee Plane Review, a PD Amendment, a Commercial Design Review, and Historic Preservation Commission review. Design Workshop will complete a Level 1 Traffic Impact Analysis (TIA) to ensure proposed improvements will meet the code requirements. Deliverables • Draft written land use application, based on final proposed architectural drawings. • Review of draft application with City Project Manager before submission. • Final land use application package, to be submitted as required by the Community Development Department. Task 3.3 Land Use Application Processing After the land use application is submitted, Design Workshop will lead the project through the city’s review process. Design Workshop will prepare the public notice, which will include mailing to neighbors and posting the property. We anticipate utilizing the Aspen Community Voice platform to ensure the community is informed about the application and the overall review process. The scope assumes the land use process will include one meeting with Community Development Staff, three meetings with City Council, and four meetings with the Historic Preservation Commission. Additional meetings will be billed on a time and materials basis. If approved, Design Workshop will work with the Community Development Department to finalize any required documents for recordation. Deliverables • Preparation for all public hearings, including presentations and prep meetings with Parks Department staff. • Compilation of final documents as requested by Community Development. • Three (3) meeting with City Council. Assume three (3) hours per. meeting with four (4) hours of staff preparation time. • Four (4) meeting with the Historic Preservation Commission. Assume three (3) hours per meeting with four (4) hours of staff preparation time. Task 4 Design Development At the Design Development Stage, the general objective for this phase of the work is to develop the character and add greater detail the proposed landscape plan. Based on the approved Schematic Design Plan, Design Workshop will prepare a Design Development Plan. The scope of services may include refinement to selected schematic site plan design, mechanical equipment layout and screening analysis, circulation analysis, exhibits or illustrative renderings, 3D modeling, interdisciplinary coordination and attendance at meetings. The extent and level of involvement of such tasks is not currently fully known. As such, tasks will be billed on an as needed Time and Materials Basis. It is our understanding that the Parks Department will be providing design services for this phase and the Construction Documentation Phase. As such, the following Design Workshop scope exclusions apply: • Development of the Construction Documentation drawings set. • Development of site technical specifications. • Material and Finish selections or coordination with vendors and manufacturers. Task 5 Support for Recordation Documents Following approval of the land use application, the City requires a final plan set to be recorded as Approval Documents. Design Workshop will work with the team to ensure a coordinated set of engineering, landscape, and architectural drawings, in compliance with the requirements of Section 26.490, Approval Documents, of the city’s land use code. This will include a plan set, as well as development agreement, as may be required by the city. We will also work with the design team to determine the cost estimates for improvements to ensure the required financial guarantees and site protection requirements can be met. We will work with the City Attorney’s Office and Finance Department to determine the appropriate method of guaranteeing these improvements. In person coordination with city departments is anticipated as part of this task. All recording fees will be determined at the time of recordation by Pitkin County and are assumed to be a separate fee paid directly by the City. Scope & Fee 25 607 Design Workshop Enhanced Schematic Design Part 1a and 1b 20 weeks Land Use Application and Review Part 2 32 Weeks Design Development Part 3 14 weeks Approval Recordation Part 4 4 weeks Construction Document Part 5 16 weeks Commence January 2024 June 2024 June 2024 December 2024 September 2024 Conclude May 2024 December 2024 September 2024 December 2024 December 2024 Name Title Hourly Rate Hours/Week Fee $’s/Week Hours/Week Fee $’s/Week Hours/Week Fee $’s/Week Hours/Week Fee $’s/Week Hours/Week Fee $’s/Week Jessica Garrow Principal Planner CE $275 3.50 $935 4 $1,074 --7 $1,925 Time per staff person per week not provide for this phase of work Darla Callaway Principal LA $275 0.75 $193 --2 $530 -- Ashley Hejtmanek Historic Preservation $200 0.75 $140 0.50 $88 ---- Max Guzzetta Project Manager $175 5.25 $910 3.50 $607 3.50 $600 14 $2,450 Leen Elharake Planner CE $110 8 $853 4.50 $481 4 $440 12 $1,320 Total DW Fee $’s per week $3,030 $2,250 $1,570 $5,695 Total DW Fees $’s Per Phase $60,600 $72,00 $21,985 $22,780 Design Workshop Fee 26 Scope & Fee Enhanced Schematic Design Part 1a and 1b 20 weeks Land Use Application and Review Part 2 32 Weeks Design Development Part 3 14 weeks Approval Recordation Part 4 4 weeks Construction Document Part 5 16 weeks Commence January 2024 June 2024 June 2024 December 2024 September 2024 Conclude May 2024 December 2024 September 2024 December 2024 December 2024 Name Title Hourly Rate Hours/Week Fee $’s/Week Hours/Week Fee $’s/Week Hours/Week Fee $’s/Week Hours/Week Fee $’s/Week Hours/Week Fee $’s/Week Jessica Garrow Principal Planner CE $275 3.50 $935 4 $1,074 --7 $1,925 Time per staff person per week not provide for this phase of work Darla Callaway Principal LA $275 0.75 $193 --2 $530 -- Ashley Hejtmanek Historic Preservation $200 0.75 $140 0.50 $88 ---- Max Guzzetta Project Manager $175 5.25 $910 3.50 $607 3.50 $600 14 $2,450 Leen Elharake Planner CE $110 8 $853 4.50 $481 4 $440 12 $1,320 Total DW Fee $’s per week $3,030 $2,250 $1,570 $5,695 Total DW Fees $’s Per Phase $60,600 $7 2,00 $21,985 $22,780 Scope & Fee 27 www.designworkshop.com DW LEGACY DESIGN® Legacy Design is the defining element of our practice. It is our commitment to an elevated level of design inquiry to arrive at the optimal solutions for clients. The process ensures that our projects reflect the critical issues facing the built environment and that they deliver measurable benefit to clients and communities. It is the foundation of the firm’s workshop culture and guides all projects. www.designworkshop.com DW LEGACY DESIGN® Legacy Design is the defining element of our practice. It is our commitment to an elevated level of design inquiry to arrive at the optimal solutions for clients. The process ensures that our projects reflect the critical issues facing the built environment and that they deliver measurable benefit to clients and communities. It is the foundation of the firm’s workshop culture and guides all projects. 608 Statement of Qualifications Shums Coda Associates Building Life-Safety Services Firm Profile Shums Coda Associates, Inc Shums Coda Associates (SCA) was established in 2006, by licensed building professionals with over 25 years of municipal consulting experience. SCA merged with Colorado Code Consulting (CCC) in December 2020, expanding our team and experience. Our core services are building life-safety code reviews, inspections, and administrative staffing, on behalf of jurisdictional clients. We review and inspect all facets of design construction related to code minimums and local amendments, such as: architectural, accessibility, structural, fire-safety, energy, green building, mechanical, electrical, and plumbing; and have staff to assist with associated reporting. By selecting SCA, we offer our experienced, knowledgeable team with a proven track record of outstanding service. In providing these services, our priority is to be available for code expertise, on-time delivery of services, and providing cost-effectiveness through the utilization of focused staff services (as needed). We are comprised of licensed architects, engineers, contractors, and I.C.C. Certified personnel that have a wealth of code knowledge and experience in design or construction related fields. SCA believes that an understanding of how buildings are designed and constructed is an important element to providing effective code comments that are based on the realities of practical construction. SCA preaches this to our staff and encourages continuing education to maintain our understanding of the ever-changing code requirements and amendments. Depending on the code section, we have seen there can be a great deal of interpretation applied to how requirements are enforced, so SCA staff continues to find value in learning the history and intent of code language to assist with accurately applying it to our reviews and inspections (with final determinations clearly coming from the municipal client staff). SCA takes this commitment to code content further, as we continue to expand our involvement in various code training and education offerings. For example, SCA’s Sacramento Regional Manager/ Business Development Director, Mr. Terry Knox, continues to provide leadership to the SVABO ICC Chapter, by serving as the Education Committee Chair and organizing the annual Institute event. We have similar roles for the ICC EduCode training through the Southern Nevada ICC Chapter in Las Vegas, and the bi-annual Arizona Education Weeks that are offered by AZBO. Mr. Steve Thomas (who previously owed Colorado Code Consulting) is our Colorado Regional Manager/ Educational Director who provides national education and training offerings throughout the United States. This should demonstrate SCA’s commitment to knowledge through education with all things related to the model Building Codes. Our belief is that code should be understood by our staff to a level where they can explain to our clients, the how and why it applies to their specific project. We strive to meet this level with our reviews and inspections, and in some instances, we can even offer on-line discussions related to that code understanding. SCA’s corporate headquarters are located in Pleasanton, California, with regional offices throughout California (Sacramento), Arizona (Phoenix), Nevada (Las Vegas), Utah (St. George/Murray) and Colorado (Denver). Between all of our locations you will find SCA has nearly one-hundred employees available to assist with plan reviews and inspections as needed. Our preference is to utilize local staff to provide the code services, but with the recent pandemic, we have expanded our electronic capacity to be able to review projects from any of our offices. This means that we can provide an even greater degree of expertise for unusual systems related to structural, mechanical, plumbing, or electrical, as well as CASp/accessibility reviews. It also affords us the ability to utilize staff from all locations to ensure that assessments are completed by the timelines established. NAU – Honors College & Housing, Flagstaff, AZ 609 Statement of Qualifications Shums Coda Associates Building Life-Safety Services Resumes Stephen “Steve” Thomas Colorado Regional Manager, Education Director Education B.S. in Business Administration - University of Phoenix - Thesis: “The Affects of a Housing Code in the City of Glendale” Course Work in Civil Engineering Technology - CCD Community College of Denver at Red Rocks Lakewood, CO 1976 -1978 Licenses & Certifications ICC # 829160 ICC Building Plans Examiner ICC Building Code Specialist ICC Plumbing Inspector ICC / AACE Property Maintenance and Housing Inspector ICC Building Inspector ICC Building Code Official ICC Accessibility Inspector/Plans Examiner ICC Housing Code Official ICC Mechanical Inspector ICC Residential Plans Examiner ICC Certified Building Official Memberships International Code Council National Fire Protection Association Colorado Chapter ICC Utah Chapter ICC Arizona Building Officials Colorado Municipal League AIA Provider Publications Building Code Basics, 2009 IBC Building Code Basics, 2012 IBC Building Code Essentials, 2015 IBC Building Code Essential, 2018 IBC Applying the Codes to Cannabis Facilities PROFFESSIONAL SUMMARY Stephen “Steve” Thomas has over 40 years in the Building and Safety Industry. From Inspector, Plans Examiner, and a Building Official he has done it all. Through his experiences, he created Colorado Code Consulting and was the president of the company between 1999 and 2020. He joined SCA in 2020 and continues to provide building code services to our clients. Steve is also a successful course instructor for many courses including: The Community College of Denver, Lakewood Colorado – Intro. to Building Codes, International Code Council Contract, Colorado Chapter ICC Educational Institute, Denver, CO, Southern Nevada Chapter ICC EduCode, Las Vegas, NV, Washington Association of Building Officials, Olympia, WA, Arizona Building Officials, Tucson, AZ, Oregon Building Officials Association, Eugene, OR, Utah Chapter ICC, Sandy, UT and St. George UT, AIA Colorado, Denver, CO, and Johnson County Contractor Licensing Dept. Overland Park, KS. PROFESSIONAL EXPERIENCE Colorado Regional Manager --- December 2020 - Present Education Director Shums Coda Associates Responsible for business services and client relations in Colorado. Serves as local point of contact and project manager for plan review, inspection, staff augmentation and other services provided. President and Owner --------------- 1999 – December 2020 Colorado Code Consultant, Denver, CO *Acquired by Shums Coda Associates in December 2020 Building Official ------------------------------------- 1981 – 1999 Community Development Director City of Glendale, Glendale, CO Building Inspector ---------------------------------- 1978 – 1981 Plans Examiner Building Official The Building Department, Inc., Denver, CO Quality Control Testing Technician ----------- 1977 – 1978 Materials Testing, Inc., Denver, CO Statement of Qualifications Shums Coda Associates Building Life-Safety Services Resumes William “Bill” Clayton, CBO Plans Examiner/ Instructor Education General Studies and Agriculture, Clackamas Community College, Oregon City, OR General Studies, Physical Education & Music, Mt. Hood Community College, Gresham, OR Licenses & Certifications ICC Mechanical Inspector UMC ICC Building Inspector ICC Certified Building Official ICC Plumbing Inspector ICC Residential Fire Sprinkler Inspector/Plans Examiner ICC Building Plans Examiner ICC /AACE Property Maintenance and Housing Inspector ICC Plumbing Inspector UPC ICC Building Code Official ICC Accessibility Inspector/Plans Examiner ICC Housing Code Official ICC Residential Energy Inspector/Plans Examiner ICC Mechanical Inspector ICC Building Code Specialist Memberships International Code Council (ICC) Colorado Chapter ICC PROFFESSIONAL SUMMARY William Clayton has been in the building and construction industry for well over 40 years. William brings with him a multitude of experience from a Building Contractor, Plans Examiner, Building Inspector, and a Chief Building Official. PROFESSIONAL EXPERIENCE Plans Examiner ------------------------- December 2020 - Present Shums Coda Associates • Reviews complex plans for building construction. • Review plans, calculations, and specifications for compliance with the most current adopted codes and ordinances. • Preparation of Plans Comments Letter according to industry and SCA standards. • Meet and confer with the clients as needed to clarify plan check comments • Travel to jurisdictions on an as-needed basis to support clients. Instructor -------------------------------- December 2020 - Present Shums Coda Associates Plans Examiner/ Instructor ------------- 2015 – December 2020 Colorado Code Consulting LLC, Denver, CO *Acquired by Shums Coda Associates in December 2020 Building Codes Administrator (Building Official)- 2007 - 2015 City of Lakewood, Lakewood, CO Senior Building Plans Analyst & Office Staff Supervisor ----- 2004 – 2007 City of Westminster, Westminster, CO Assistant Building Plans Analyst -------------------- 1996 – 2004 City of Westminster, Westminster, CO Building Inspector -------------------------------------- 1994 – 1996 Pike Peak Regional Building Dept., Colorado Springs, CO 610 The Collaborative Inc. A Small Business With a National Practice Company Snapshot First Established: 1974 Offices: Boulder & Durango, Colorado Small Business Professional Disciplines: * Architectural Conservation * Materials Conservation * Historic Architecture * Maritime Artifacts Conservation * Architectural Historian * Historian * Planning Preservation Services: * Existing Buildings Documentation * Preservation Architecture * Conditions Evaluations (BER, HSR, Etc.) * Conservation of Maritime Artifacts * Feasibility Analysis * Heritage Tourism Development & Planning * Historic Materials Analysis * Laboratory Analysis of Historic Materials * Market Studies * Maintenance Plans * National & State Register Nominations * Site Master Plans & Landscape Preservation * Tax Act Certifications * Percentage of Projects Subject to the Secretary of the Interiors Guidelines: 98% Project Scale: * $165,000,000.00-$10,000.00 * From 500,000 Square Feet To 20 Square Feet * From 20 Stories in Height To Root Cellars Geographic Regions: * More Than 47 States & 2 U.S. Territories, from projects at high altitudes and at sea level * From Alaska To St. Croix, U.S. Virgin Islands The Collaborative Inc. l the Collaborative, inc. The Collaborative, Inc. (tCi), first established in 1974, was incorporated in 1993. Through these years, we have been actively engaged in historic preservation, providing a comprehensive range of services for private and public entities. Over the past 30 years, the firm has been headed up by Dean Brookie, AIA, Chief Historic Architect and John Feinberg, Principal Architectural Conservator. Much of tCi’s work has been for state governments, such as SHPOs in four states. Below is a sampling of several projects that have been funded by grants from History Colorado’s State Historical Fund. •Hartnagle Agricultural Complex in Boulder County, Historic Structure Assessment (HSA) •St. William's Lodge at Camp St. Malo in Allenspark, HSA •Ewing Barn in Fort Lupton, HSA •MacGregor Ranch in Estes Park, HSA •Ewing Farm in Lafayette, HSA •Corn Crib, City of Boulder Open Space Mountain Parks, Stabilization Plan •Hedgecock Property, Milkhouse and Ice House, City of Boulder Open Space Mountain Parks, Stabilization Plan •Van Vleet Ranch Stone Farm Shed, City of Boulder Open Space Mountain Parks, HSA Projects tCi completed for private entities include the Historic Structure Assessment we completed on the Sheridan Inn in Sheridan (Wyoming), the Highlandlake Church in Mead (Colorado), and the Historic Structure Report on the Central City Opera House in Central City. In addition, tCi has performed master plans and architectural conservation for Antioch College in Yellow Springs (Ohio) and Sterling College in Craftsbury Commons (Vermont). Federal government agencies that have utilized the wide range of historic preservation services tCi offers have included the National Park Service, the General Services Administration, the USDA Forest Service, the Bureau of Land Management, Department of the Treasury, Veteran’s Administration, Federal Highway Administration, and the Bureau of Reclamation. Our services in historic preservation provided for these clients and others (such as local governmental agencies and private enterprises) have included: •Historic Building Condition Assessments •Historic Structure Reports (with building histories) •Stabilization Plans •Comprehensive Preservation Plans and Specifications •Historic Materials Analysis •Determinations of Eligibility •National Register Nominations •Interpretive Planning from Communities to Museum Exhibits •Exhibits Design •Cyclical Maintenance Plans •Comprehensive Histories of Individual Buildings, Sites, Communities, and regions •Design Guidelines •Section 106 Compliance 611 Specialized Experience: Masonry Conditions Evaluation and Design Services 1. History of Maintenance of Masonry system of building 2. Original materials identification and replacement availability including quarry re- opening 3. Hands-on condition Assessment 4. Causes of deterioration 5. Remedial treatments 6. Management of masonry materials testing programs 7. Management of consolidants testing programs 8. Mortar analysis in our laboratory 9. Cost estimation 10. Comprehensive and intensive reports preparation Materials: Granite Cast Concrete Block (imitation stone) Marble Limestone Sandstone Terra Cotta Brick Adobe Mortar Clients Local Governments Colleges and Universities Capitols State Buildings Division Federal Government Agencies: GSA, NPS, Treasury, VA, etc. State Government Historic Preservation Offices Private Corporations Non-Profit Corporations Overview For nearly 50 years we have provided government clients a comprehensive range of historic preservation architecture, site planning, conservation, and technical preservation services. If your current or future projects require a firm with our skills and deep experience, we would appreciate your consideration. The easy way to find out more about us is to visit our web site: http://www.theCollaborativeinc.net. What Makes Us Different? 1. Because we provide such a broad range of services, we craft each service to integrate with the next in the typical chronology of a project. By example, our advanced version of a Historic Structure Report facilitates the completion of a property nomination to state or national historic registers, results in enhanced fundraising, and provides the foundation for highly accurate preservation plans and specifications. The plans/specs integrate with the Cyclical Maintenance Plan. 2. Our depth of experience and knowledge reduces your risks by discovering hidden causes of the deterioration problems, defining the often multiple and interconnected causes, and determining cost effective, appropriate, and long-lasting solutions. We find and treat the real problems. 3. Our technical expertise, in-field testing equipment (including non-destructive), and historic materials laboratory serve to define and quantify the real problems. 4. Accuracy equates to reduced risks: less costs, minimal change orders, and an on- time schedule. We keep your project in budget and on schedule. 5. We provide you with accurate and critical information to make informed decisions. 6. The vast majority of clients are governments. For the General Services Administration, we have completed over 40 projects, principally on primary historic structures in 20 U.S. states and territories. For the National Park Service, we have completed a similar geographic range on differing project types: instead of courthouses, customs houses, post offices, and office buildings, the NPS structures have been hotels, trestles, presidents' homes, ranches, visitor centers, and forts. Other federal agencies have been the U.S.D.A. Forest Service, U.S. Treasury, U.S. Dept. of Veterans Affairs, U.S. Dept. of the Interior's Bureau of Reclamation, and the U.S. Dept. of Transportation's Federal Highway Administration. Compliance with the standards and guidelines of the U.S. Secretary of the Interior have been accomplished on all of these projects. If you believe you have a problem that needs solving, and if you believe we may be a logical choice in reaching that solution, do contact us. Resumes John Feinberg, APTI, Principal, founded Community Services Collaborative, the predecessor firm to the Collaborative Inc., in 1974. The firm was incorporated as The Collaborative Inc. (tCi), in 1993. John has headed up the firm’s growth from a local firm in 1974 to a national firm specializing in historic preservation, community planning, and tourism. The firm has had the pleasure of working on projects from Alaska to St. Croix, and brings this national perspective to each client’s needs. Ninety-five percent of John’s projects have been for buildings and sites listed on the National Register. Eighty-five percent of these assignments have been for local, state, and federal governments. The fact that the majority of firm’s projects are for repeat clients demonstrates John’s ability to manage jobs that are visible to the public eye (such as public buildings like courthouses and post offices), meet client objectives and measures of success, satisfy stakeholder concerns and interests, and for each client to be pleased enough with the results to hire him and his team repeatedly. The quality of Mr. Feinberg’s work is indicated by the honors awarded to the clients’ projects: local, state, and national. In over 46 years, he has successfully completed over 100 major Historic Structures Reports (HSRs). In addition, Mr. Feinberg has also completed site master plans, interpretive plans, and HSRs for the historic sites of the state historic preservation divisions of several states. The overall purpose of the building studies (historic structure report, historic structure assessments, and building evaluation reports) is to determine the condition of the historic buildings and to make recommendations and cost estimates for funding so that the buildings could be renovated to serve an additional 20 years. Architectural conservation, maritime conservation, structural forensics, and civil, mechanical, and electrical engineering consultants are frequently involved in these in-depth studies. Mr. Dean Brookie AIA, Principal, has specialized in public buildings evaluation and preservation design as well as the development of tourism facilities and commercial revitalization. As a planner, Mr. Brookie has completed urban design projects, re-use projects, and rural conservation planning. Dean has successfully completed 17 years as the principal historical architect for tCi. His success has been on a wide range of projects providing preservations plans, condition assessments, and preservation architectural plans and specifications. In addition to specific projects such as the National Capital of Ute Mountain Tribe, Crow Canyon Archaeological Center, and various historic preservation projects throughout the United States, which range from hotels in South Dakota, Colorado, Wyoming, New Mexico to museums, such as the preservation, management, and maintenance plan for the Nicolai Fechin House and studio in Taos, Mr. Brookie has also designed visitor centers for heritage parks; and completed site master plans for the Kansas State Capitol (1863- 1903), heritage parks, stand-alone heritage resources, and historic districts. 612 John Feinberg Architectural Conservator Since 1977, with the completion of the 40-property historic structure report for the Central City Opera House Association, the firm's work has ever-increasingly focused on historic preservation until today, preservation represents 95% of the projects. All projects begin with a condition assessment. In 19 years as an adjunct University of Colorado Professor, his classes used the HSR as the capstone for the course. "With the HSR one is comprehensively documenting and evaluating a site and the heritage resources," states John. "Its completion demands a coordinated and comprehensive level of knowledge for it treats the resource as a single organism." John Feinberg has served as the Chief Conservator on all of the firm's collection of Assessments. Some of these projects have formats defined by the client, such as the National Park Service and the General Services Administration. For others, John sets the format to take into account the specific needs of a particular assessment and client. Historic Building Condition Assessments have been completed on more than 1,000 structures over the last 30 years with John Feinberg as the principal investigator. These represent a mix of stand-alone reports, and those completed as integral portions of the investigatory stages of a project for which the firm was retained, from the beginning to post renovation stages. Representative of stand-alone condition assessments are projects for the federal government's General Services Administration. These include Historic Structures Reports on many masonry federal buildings: U.S. Customs House and Post Office in St. Croix (circa 1743), the U.S. Courthouse in Charleston, South Carolina, the U.S. Customs House in New Orleans, Louisiana, and 40 other historic Customs Houses and Federal Courthouses throughout the United States. There also have been many private-sector masonry structures; for example, the Franklin Hotel in Deadwood, South Dakota and Antioch Hall and the Library at Antioch Collage in Yellow Springs, Ohio. In recent years, Historic Structures Reports have also been completed on the Junction City (Kansas) Opera House; St. Williams Lodge at Camp St. Malo in Allenspark, Colorado; the Laramie Plains Civic Center in Laramie, Wyoming; and on historic stone bridges in Manitou Springs, Colorado. In approaching historic structure assessments, tCi uses investigative philosophy, which is based on interactive information loops. The history informs the materials condition assessment, and the conditions assessment informs the history. "The historic construction photographs showed very small stone waste piles adjacent to the stone shop. Likewise the visit to the original stone quarry site had unusually small stone waste piles. The poor quality of the stone in the 1860s east wing of the Kansas Statehouse was because the contractor was behind schedule, the quarry manager was likewise behind and he shipped everything. No quality control." As part of the process of historic preservation, the firm begins with the analysis, prior to initializing the plans and specifications process, in order to discover unknown problems and to set forth methods and materials to reverse the effects and solve the underlying causes of deterioration. As team leader, a primary responsibility of Mr. Feinberg is to have an overall view. There are often multiple causes for a single effect; some causes may be discovered in a building's design, construction, and use. Others might be discovered during in-field observation, analysis, and testing in the laboratory. For example, when built-in gutters leak, the effects are often hidden as the water can leak into the wall. Maintenance procedures and lack of maintenance procedures are to be researched in order to project likely effects. Together this cluster of likely conditions problems is evaluated as to the most cost-effective investigative. "Our process begins with research into likely causative factors for deterioration, which allows us to select the investigative techniques best suited to the specific conditions." Historic preservation plans and specifications are completed under the overall direction of the Principal Architect of the firm. Mr. Feinberg's role is in solutions development for conservation of historic materials, replacement of missing historic fabric, and the specification of a historic interior's materials. Mr. Feinberg also contributes in cost estimation of these areas. Projects have been as large as the Kansas State Capitol (325,000 square feet) and as small as the Historic Highlandlake Church (1,480 square feet) in Mead, Colorado. Our projects have had a broad array of problems to solve and historic finishes to conserve: marble, granite, decorative plaster, ornate metalwork, scagliola, detailed woodwork, murals, and sculptures. "Each has its own specific requirements." Education: Bachelor of Arts, Environmental Design, Antioch College, 1970 Masters of Landscape Architecture & Land Planning, University of Massachusetts, 1972 Professional Associations: Association for Preservation Technology, ICOMOS, National Trust for Historic Preservation, Preservation Forum, The Stone Foundation, Architectural Woodwork Institute. Fetz-Keller Ranch Headquarters HomeMontrose, Colorado preserved historic siding. This combination sanitized the cavities and fully removed anddeodorized the rodent and bird infestation the COLLABORATIVE inc. 2080 Pearl Street 970 East 4th AvenueBoulder, Colorado 80302 Durango, Colorado 81301 303.442.3601 Fax: 449.3666 970247.1336 Fax: 259.3972info@thecollaborativeinc.net This beautiful two story Victorian home had been left vacant for several decades, overgrown with vegetation, no electricity, and inhabited by birds, rodents, and raccoons. The new owners wanted to fully renovate the house and began by having a successful nomination to the National Register prepared by Alpine Archeology. Our team was then selected to complete: a comprehensive conditions assessment, preservation plans and specifications, and applications for state and federal historic tax credits. The Collaborative inc team included structural engineering by Atkinson-Noland and Associates Inc; conditions assessment, materials analysis, and treatment plans and specifications. The Durango office of tCi did the field work documentation, existing drawings, and the preservation plans and specifications. The tCi Boulder office completed the Conditions Assessment Report, set the treatments scope, reviewed drawings, and prepared the state and federal tax credit forms. Multiple challenges led to a decision to remove the siding, clean up and preserve it for reinstallation, clean the cavities, install insulation, apply to the stud faces continuous structural insulation board with integral drainage channels, and then reinstall the now preserved historic siding. This combination sanitized the cavities and fully removed and deodorized the rodent and bird infestation residue, insulated the building walls, added structural sheathing, and removed lead paint in a controlled manner with total removal. 613 Adaptive Reuse Sheridan Heritage Center Sheridan Inn Sheridan, Wyoming The Sheridan Inn is a National Historic Landmark located in the community of Sheridan, Wyoming at the foot of the Big Horn Mountains. Built by the W.F. Cody Hotel Company, and the Burlington and Missouri Railroad in 1893 to showcase the west and attract an ever burgeoning flow of tourists, the inn also promoted settlement of the coal mining and agricultural areas around Sheridan. Described as one of the finest hotels west of Chicago, many of the historic figures associated with the inn invoke imagers that are “larger than life”; Cody often held auditions for his Wild West Show on the inn’s front lawn. Like much, from this unpredictable time in American History, the Sheridan Inn has survived against odds, which brought it near the brink of destruction. It remains as a vivid archi- tectural reminder of an exciting period in the history of Wyoming, and the settle- ment of the western United States. The non-profit corporation that owns this historic inn, selected our firm to per- form a Historic Structures Report and Re-use Feasibility Analysis. tCi undertook the analysis of the Sherdan Inn, drawing on our firm’s expertise in historic build- ing evaluations, the renovation and marketing of historic hotels, and heritage tourism, to determine the feasibility of re-establishing the inn as a hotel, and to evaluate its potential for restaurant or conference and wedding venues. Market information was incorporated into a design program, which also included the Collaborative’s design parameters, stabilization, recommendations, and code requirements. Conceptual designs were completed and costs were estimated. The Sheridan Heritage Center is using this market analysis and physical evalua- tion to raise funds for the project. the COLLABORATIVE inc. 2080 Pearl Street 1221 Main Ave. Boulder, Colorado 80302 Durango, Colorado 81301 303.442.3601 Fax: 449.3666 970.247.1336 Fax: 259.3972collab@thecollaborativeinc.net Hotel Renovation Associates Tabor Grand Hotel Leadville, Colorado The Tabor Grand Hotel is located in Leadville, Colorado at 10,200 feet above sea level, the highest elevation for a city in the continental United States. Consequently, this structure has had to withstand major environmental forces such as heavy snows, extreme cold, and strong winds. The hotel has approximately 100 rooms, which include stores, banquet facilities, and restaurants. The building had not been used for a number of years,when the Collaborative evaluated this structure, taking existing fabric samples, and completing paint and mortar analyses, and adaptive reuse plans to utilize the building as an operating hotel once again. The restoration plans included analysis to allow for reproduction of lost details, material conservation, and site evaluation. The original ornate color scheme for the building was particularly difficult to determine, due to the extreme ultraviolet degradation of the original yellow paint at this altitude. The historic structure analysis revealed a variety of problem areas. It was important to evaluate the structural strength of the roofing system, since insulation was being added and the roof would be handling snowloads, leading to more weight than had previously been supported. The firm developed specific design parameters for new construction, noted alterations to be made to the existing historic fabric with- out loss of integrity, and itemized what missing elements should be reproduced, an example of which were porti- cos on the two main facades. Research uncovered historic photographs taken during the visit of President Ulysses S. Grant, which showed the presence of original porticos. Ghosts indicating the outline of these porticos were also found on the building exte- rior. Further research unearthed other photographs, which enabled the firm to detail the exact configuration of the missing porticos. Major structural concerns centered around the problem of rising damp, and subsurface investi- gation revealed no problems associated with soil type. Proper remedial measures were specified. the COLLABORATIVE inc. 2080 Pearl Street 1221 Main Ave. Boulder, Colorado 80302 Durango, Colorado 81301 303.442.3601 Fax: 449.3666 970.247.1336 Fax: 259.3972collab@thecollaborativeinc.net 614 Building Evaluation State of Kansas Masonry Evaluation of the Kansas State Capitol Topeka, Kansas As part of a Historic Structures Report, the Collaborative performed a comprehensive masonry conditions evaluation for the Kansas State Capitol. With funding for the first phase and the oldest portion, the East Wing, an intensive evaluation determined the condi- tion of each of the more than 6,000 stones which, make up this building. Previous repairs were recorded, as were cur- rent problems, and the required remedial treatments identified. The information was then transferred from individual file sheets to a database for incorporation into construction plans, and repair tables. The preservation process included training masons in proper procedures by master preservation stone masons from RJW Stonemasons of Ottawa, Canada. A historic quarry was evaluated and reopened to provide the specific limestone to match that of the East Wing. the COLLABORATIVE inc. 2080 Pearl Street 1221 Main Ave.Boulder, Colorado 80302 Durango, Colorado 81301303.442.3601 Fax: 449.3666 970.247.1336 Fax: 259.3972collab@thecollaborativeinc.net Antioch College Continuation Corporation Antioch College Yellow Springs, Ohio In 1852, Antioch College was established, the first three buildings were completed in 1853, and the first President was Horace Mann. The last building was constructed in 1974. In 2008, the campus had 80 buildings, and the University trustees closed the College due to financial considerations, including a very long list of deferred maintenance. In June 2009, the Alumni hired the Collaborative inc. (tCi) to develop a coordinated plan of maintenance, preservation, and adaptive re‐use projects to commence after the purchase of the College in September 2009. Of the 25 major structures of the Main Campus, the majority is on the National Register and includes structures by SOM and Saarinen, as well as buildings from the 30s, the 50s, and the mid‐19th century buildings of the early development. There are 20 additional buildings associated with the Glen Helen nature preserve's outdoor education program: Lodging, classrooms, staff housing, maintenance facilities, visitor center, museum, and administrative offices. Currently, the Main Campus structures are undergoing a series of coordinated construction projects under the aegis of tCi in a design build service package. Roofing projects on seven buildings started in September 2009 and include flat roof replacement, structural reinforcement, gutters, downspouts, header boxes, internal drains, deflectors, flashing, underground drains, rainwater harvesting, and sloped roof repairs. Roof coverings are terne, copper, asphalt shingles, and various flat roof membranes and BUR. Brick masonry condition assessments on the three 1853 buildings, and two 1954 buildings, determined problems and effects using both the typical evaluation techniques and NDT; treatments have been defined and costs estimated. The order for the 25,000 hand molded has been placed and masonry restoration contractors have received the construction documents for pricing. Most of the preservation work will occur on the iconic Antioch Hall, a poster child of deferred maintenance and an inappropriate rehabilitation from 1959. The aluminum windows of the rehab will be replaced with wood windows matching the last original examples still in place. The brick project is targeted at between $320,000 and $340,000 inclusive of assessment, design, and construction. The window replacement project is in the same range at $250,000 for the primary windows, $40,000 preservation of the 30 remaining windows, and harmonizing a 1959 entry addition at $35,000. Work is underway on 15 buildings in order to allow the first new class to be accommodated in fall, 2011 and prospective students and their parents to be favorably impressed as they begin visits. Building Evaluation / Preservation the COLLABORATIVE inc. 2080 Pearl Street 1221 Main Ave. Boulder, Colorado 80302 Durango, Colorado 81301 303.442.3601 Fax: 303.449.3666 970.247.1336 Fax: 259.3972 collab@thecollaborativeinc.net 615 City of Boulder Open Space Mountain Parks Flagstaff Mountain Area Boulder, Colorado Continuing a more than 30-year engagement by the City of Boulder, tCi has recently completed preservation plans and specifications, for four historic structures. These were all built in the early third of the 20th century in the teens and 20s by fraternal organizations and the CCC. All were executed in Park rustic style with very large stonemasonry and log structural members. The four buildings were the Halfway House, its associated convenience facility, the Flagstaff Mountain picnic shelter, and the Green Mountain Lodge. These were funded based upon a five- year Master plan for cultural resources in the West TSA that sets forth all of the cultural resources with required work, costs, and phasing. Preservation of Multiple Historic Structures the COLLABORATIVE inc. 2080 Pearl Street 970 East 4th Ave. Boulder, Colorado 80302 Durango, Colorado 81301 303.442.3601 Fax: 449.3666 970.247.1336 Fax: 259.3972 collab@thecollaborativeinc.net National Park Service San Agustin and Santa Elena Bastions, and Associated Fortification Walls San Juan National Historic Park San Juan, Puerto Rico The original construction of the San Juan fortification walls in Puerto Rico dates from the middle of the 16th century. The fortifications were constructed with the single purpose of defending the City of San Juan and its harbor from attack, principally by sea. Over a four- century period of construction and reconstruction, the fortification walls evolved from one construction typology into at least 10 identifiable types. The walls investigated in this study are 750 meters long, range to 15 meters in height, and include two bastions and the San Juan Gate. The challenging task of evaluating such complex structures required the synergism between historic research and modern diagnostic techniques to develop a deep under- standing of the history, materials, and structural behavior of the fortification walls. In addition to historic research, the 21st-century technologies selected to evaluate the walls included laser scans, digital photodocumentation, wall coring, remote visual inspection of the core interior, microwave radar scans, thermography, characterization of stone and mortar types and strength, and finite element modeling. Condition Assessment the COLLABORATIVE inc. 2080 Pearl Street 970 East 4th Ave. Boulder, Colorado 80302 Durango, Colorado 81301 303.442.3601 Fax: 449.3666 970.247.1336 Fax: 259.3972 collab@thecollaborativeinc.net 616 The Best Designs Deserve The Best Design Partners Resume & Bio LS Group provides best-in-class lighting design that elevates any architecture or interior design project. We’re an established, woman-owned lighting design firm that employs a creative, purpose-driven and collaborative approach to lighting and lighting controls. Founded in 2008 in Colorado’s Roaring Fork Valley, we have experience with a wide variety of project types, scales and geographies and are as dedicated to our clients’ success as we are to our own. We’re experienced. Our team offers extensive experience that spans multiple project types including award-winning hotels, modern mixed-use development, tech-forward workplaces, community parks and luxury homes. This expertise allows us to streamline the lighting design process by anticipating challenges and mitigating them before they present themselves. Through disciplined coordination with project partners, we ensure that each project’s lighting design is compatible with the architecture and all supporting systems. We’re technically savvy. We design and implement lighting programs using the latest in new technology and environmentally friendly lighting solutions. We’re versed in energy-efficiency, user wellness, art illumination, audio-visual, lighting control systems and mechanical- electrical coordination. We use advanced software – including Revit – to help visualize the design and more effectively integrate our plans into the project. This highly detailed approach considers the entire lifecycle of the project, with client needs at the forefront of the process. We believe that great results come from the efforts of a great team. From small projects to large ones, including properties with a singular use to those with multiple functions requiring innovative and flexible lighting design, we empower our team members to use their individual creativity and technical strengths to deliver the best outcomes. We understand that projects change, sometimes quickly, and necessitate pivots that can shift the trajectory of the design. We stay flexible, anticipating and embracing changes rather than pushing against them to deliver a final product that exceeds expectations. We respect budgets. We ensure that the lighting and lighting control costs are clearly defined and work to create the most stunning designs while staying within the agreed-upon budget. Our close industry relationships with reputable vendors who are committed to cost transparency translate into high-quality design with zero surprises for our clients. What we ultimately install in the space is exactly what the client expects. We know that business is about relationships. We believe the foundation of good working relationships is built on trust, open communication and delivering on promises. We work tirelessly to make sure that our process is as transparent, collaborative and communicative as possible. COMPANY PROFILE The Best Designs Deserve The Best Design Partners Resume & Bio Sarah is passionate about people. She feels that great projects are not only a result of great design but also of a great team which is made up of personality, dynamic, and timing. She is invested in the success of our projects in their application / end product but also in their ability to build relationships which lead to future successes. Conceptual design is also one of her strengths, she is able to piece together imagery and presentations that convey our concepts elegantly and intentionally. Sarah Erickson Principal / Partner O: 303.573.0059 C: 720.938.2442 Education: University of Colorado at Boulder - B.S. Architectural Engineering - Illumination IALD Professional, Illuminating Engineering Society of North America - Member, WILD Board Elise is genuinely great to work with. She has many strengths that range from conceptual to implementation and her confidence, knowledge, and experience make her a great design partner. She is able to work with all types of people on all types of projects which allows her to ensure that every project is perfected. She is able to redirect finger pointing games by taking initiative and reminding people that there is one goal, a successful project. When aiming art, historically, she will go up and down the ladder 10 times before being happy with the adjustments. Elise Streeb Principal / Partner O: 970.927.5133 C: 970.343.2303 Education: University of Colorado at Boulder - B.S. Architectural Engineering - Illumination IALD Professional, LEED AP TEAM BIOS 617 The Best Designs Deserve The Best Design Partners Resume & Bio Coming from an interior design background, Kristen has style. She has an eye for design that provides unique designs to our clients. Always on the lookout for something innovative, something that has not been done before. She is quick to connect and is very good at presenting her ideas. She is easy to call and have a conversation with, and is always willing to take the extra time to coordinate with the team. Kristen Kordecki Commercial Projects Director O: 303.573.0059 C: 224.392.7452 Education: Illinois Institute of Art - B.F.A. Interior Design Radhika is a vibrant and flexible designer. She thrives in the details, with a background in electrical engineering, she provides a unique perspective into power design. Her exacting eye allows her to provide the highest quality of modeling and specifying to every project. Radhika willingly and intentionally supports all needs of each project with a new perspective and discerning eye. Radhika Kalra Lead Designer O: 303.573.0059 C: 303.999.9015 Education: University of Alberta - B.S. Electrical Engineering Otis College of Art & Design - Lighting Design Certificate Program The Best Designs Deserve The Best Design Partners Resume & Bio Lin has a distinct eye for design. With a background in interior design, he has a taught and very much natural ability to visualize space, materials and lighting for a cohesive and intentional design. His attention to detail ensures our projects are delivered at the LS level of quality. Lin was born into business, working and help- ing in his family’s restaurant. He understands the need for efficiency and accuracy while also being very aware of how customers are helped and treated throughout the process. Lin Pizzo Designer O: 303.573.0059 C: 618.972.2186 Education: Iowa State University - Bachelor of Fine Arts Interior Design Noah is a fluid and collaborative team player through and through. His rare combination of technical savviness and laid-back nature make him integral to process and design development. A creative at heart, Noah brings original and precise ideas to the table both in-house and on projects. Noah Scott Designer O: 303.573.0059 C: 203.572.4323 Education: University of Colorado at Boulder - B.S. Architectural Engineering 618 References The Best Designs Deserve The Best Design Partners The Clayton Members Club Denver, CO The Clayton Members Club & Hotel in Denver’s Cherry Creek North neighborhood introduces a private social club experience centered around diversity and inclusion. The lighting and interior design were intricately interwoven from conception to completion with the goal of fostering community at every turn. LS Group paid close attention to ensuring that the lighting highlighted the materiality and architectural elements within each space, as well as showcased the impressive collection of artwork. Incorporating linear indirect lights, recessed downlights and track lights, the lighting design gives each room a distinct feel while ensuring cohesion throughout the club. Principal / Partner: Sarah Erickson Commercial Projects Director: Kristen Kordecki Project Reference: Matt Cecere, Principal, 4240 Architecture 303.292.3388 St Paul Collection Denver, CO Located in vibrant Cherry Creek North, St Paul Collection boasts a property consisting of two buildings that is graceful, yet bold. The two buildings are meant to tango, positioned diagonally across an intersection from one another, and designed as opposites that attract; one evoking more of a feminine experience while the other brings a touch of masculinity. The lighting design plays off the feminine and masculine nature of each building; where a feminine tone is set with a general ambiance that utilizes indirect lighting, softer lines of light, and glittering gold finishes, in contrast a masculine tone is elicited with general linear slot lighting, square downlights, bold integrated light details, heavier decorative light fixtures, and darker finishes. Principal / Partner: Sarah Erickson Commercial Projects Director: Kristen Kordecki Project Reference: Matt Cecere, Principal, 4240 Architecture 303.292.3388 The Thompson Denver, CO Urban sophistication meets alpine luxury at Denver’s newest boutique Hyatt property, the Thompson Denver. With a prime position in historic Lower Downtown (LoDo) along the city’s famed 16th Street Mall, the hotel aims to serve as a cultural hub for travelers and locals alike. Rooted in an elevated interpretation of the Colorado lifestyle, the interiors team at Parts & Labor Design envisioned an experience that would transport guests from the Mile High City to a luxe chalet in the snow-capped mountains to the west. Principal / Partner: Sarah Erickson Commercial Projects Director: Kristen Kordecki Project Reference: Jessie Johnson, Principal, DLR Group 720.904.0440 The Best Designs Deserve The Best Design Partners Resume & Bio PROJECTS - HOTELS Name Brand Location Size Populus Aparium Denver, CO 135,000 sq ft / 250 key Thompson Denver Hyatt Thompson Denver, CO 160,000 sq ft / 216 key Cottonwood Hotel Kimpton Omaha, NE 170,000 sq ft / 205 key Blake Street Hotel Non-Disclosed Denver, CO 102,000 sq ft / 190 key CatBird Independent Denver, CO 100,000 sq ft / 165 key University Hill Hotel Non-Disclosed Boulder, CO 115,000 sq ft / 187 key Foote’s Rest Hotel Non-Disclosed Frisco, CO 75 key Clayton Member’s Club & Hotel Aparium Denver, CO 91,700 sq ft / 63 key Molly Gibson Lodge Independent Aspen, CO 20,500 sq ft / 68 key Star Metals Hotel Marriott Autograph Atlanta, GA 150 key Hotel Jerome Auberge Aspen, CO 94 key The Elizabeth Hotel Marriott Autograph Ft Collins, CO 118,000 sq ft / 164 key The Curtis Hotel Doubletree by Hilton Denver, CO 336 key Atlanta Perimeter Doubletree by Hilton Atlanta, GA 120 key Chateau Beaver Creek Independent Avon, CO - Limelight Aspen Limelight Aspen, CO 100,000 sq ft / 126 key BVMU Marriot Autograph Denver, CO 235 key Belleview North Tower Residence Inn Denver, CO - Dream Las Vegas Dream Las Vegas, NV 450 key Foote’s Rest Marriott Tribute Frisco, CO 114,000 / 75 key US Air Force Academy Hotel Independent Colrado Springs, CO 250 key Wasatch Peaks Ranch Independent Wasatch Peaks, UT - 619 The Best Designs Deserve The Best Design Partners Resume & Bio PROJECTS - RESTAURANTS Name Location Size Broadway Market Denver, CO 12,000 sq ft 7908 Aspen Aspen, CO 6,000 sq ft Elk Camp Restaurant Snowmass, CO 17,000 sq ft Sierra Lonetree, CO 9,000 sq ft Of A Kind Denver, Colorado 2,000 sq ft Orleans Room Omaha, Nebraska 3,000 sq ft The Committee Chophouse Omaha, Nebraska 3,000 sq ft The Cottonwood Room Omaha, Nebraska 2,000 sq ft Olón Restaurant and Bar Olón Atlantic City, New Jersey 3,000 sq ft Okatshe Atlantic City, New Jersey 2,000 sq ft The Emporium Kitchen & Wine Market Ft Collins, Colorado 4,000 sq ft Magic Rat Ft Collins, Colorado 2,500 sq ft Five Nines Denver, CO 2,000 sq ft Urban Farmer Nashville, TN 5,500 sq ft The Best Designs Deserve The Best Design Partners Hotel Jerome Aspen, Colorado 5, 000 sq ft 620 The Best Designs Deserve The Best Design Partners Cottonwood Hotel Kimpton Omaha, Nebraska 170,000 sq ft / 205 key The Best Designs Deserve The Best Design Partners The Cottonwood Room Omaha, Nebraska 2,000 sq ft 621 The Best Designs Deserve The Best Design Partners Cottonwood Hotel Kimpton Omaha, Nebraska 170,000 sq ft / 205 key The Best Designs Deserve The Best Design Partners Cottonwood Hotel Kimpton Omaha, Nebraska 170,000 sq ft / 205 key 622 The Best Designs Deserve The Best Design Partners Orleans Room Omaha, Nebraska 3,000 sq ft The Best Designs Deserve The Best Design Partners Orleans Room Omaha, Nebraska 3,000 sq ft 623 The Best Designs Deserve The Best Design Partners The Committee Chophouse Omaha, Nebraska 3,000 sq ft The Best Designs Deserve The Best Design Partners Orleans Room Omaha, Nebraska 3,000 sq ft 624 Client:Project: 2023-12-13 LSG_00666QU CCY Architects 228 Midland Ave Basalt, CO 81621 Armory Hall Remodel & Reuse 427 Rio Grande Place Aspen, CO 81611 Armory Hall Remodel & Reuse Contact: 2727 W 2nd Ave Denver, CO 80219 (303) 573-0059 525 Basalt Ave Unit I-300 Basalt, CO 81621 (970) 927-5133 Thank you very much for the opportunity. At LS Group we believe the best designs deserve the best design partners. We listen and focus intently on our client’s needs. We are an approachable, friendly group that collaborates well with any team. We love the design process. Through many years of industry experience, we possess the tools and processes of a seasoned veteran, yet we still have the heart of a startup. Our proven record of success allows our business to thrive from repeat clientele. We are passionate about lighting. We hope to share our passion with you. Client:Project: 2023-12-13 LSG_00666QU CCY Architects 228 Midland Ave Basalt, CO 81621 Armory Hall Remodel & Reuse 427 Rio Grande Place Aspen, CO 81611 Armory Hall Remodel & Reuse Type:Total Square Footage:Design Option: Remodel / Reuse - Historic - Hospitality 19,000 A Inclusions: • Lighting design services for interior FOH spaces, core and shell, site and exterior amenity. • Involvement in monthly coordination calls in SD / DD, twice a month CD coordination meetings and monthly OAC meetings. • Design to project budget. Client to provide LS with a budget prior to Schematic Design. Exclusions • Lighting design for right of way, parking, BOH spaces including but not limited to BOH kitchen, storage, employee areas and storage. • Stamped set, panel design and electrical distribution by others. • RCP dimensions by others. • Illuminance calculations. • Construction circuiting and final wiring requirements by MEP. • Emergency / Exit lighting by MEP, LS to review specification / info as-needed. Final locations by MEP. • Final energy code items by MEP. • Lighting alternates, alternate submittal review, and value engineering. • Travel outside RFV. Enhanced Schematic Design:$6,375.00 Land Use Application & Review:$8,260.00 Design Development:$15,000.00 Construction Documents:$19,800.00 TOTAL $49,435.00 625 Client:Project: 2023-12-13 LSG_00666QU CCY Architects 228 Midland Ave Basalt, CO 81621 Armory Hall Remodel & Reuse 427 Rio Grande Place Aspen, CO 81611 Armory Hall Remodel & Reuse KICK-OFF MEETING Meeting to review initial design items with team including, thoughts regarding lighting design intent. $300.00 SCHEMATIC DESIGN General concept imagery for defined spaces. $5,000.00 INITIAL SCHEMATIC DESIGN CHARRETTE Initial review of Schematic Design package with design team. $275.00 REVISED SCHEMATIC DESIGN Revised general concept imagery for defined spaces. $600.00 FINAL SCHEMATIC DESIGN CHARRETTE Review Schematic Design package with ownership. Review concepts and choose items to move forwa rd into Design Development. $200.00 All Design fees described above estimated fees, billed on an hourly as-needed basis, not to be exceeded without prior approval. Enhanced Schematic Design:$6,375.00 CONSULTANT COORDINATION Coordination meetings for land use permitting. $1,000.00 LAND USE #1 Land Use lighting plans, specifications and schedules. $4,000.00 LAND USE #2 Revised Land Use lighting plans, specifications and schedules. $2,500.00 LAND USE #3 (FINAL) Final Land Use lighting plans, specifications and schedules. $760.00 All Design fees described above estimated fees, billed on an hourly as-needed basis, not to be exceeded without prior approval. Land Use Application & Review:$8,260.00 Client:Project: 2023-12-13 LSG_00666QU CCY Architects 228 Midland Ave Basalt, CO 81621 Armory Hall Remodel & Reuse 427 Rio Grande Place Aspen, CO 81611 Armory Hall Remodel & Reuse DD LIGHTING CONTROL Conceptual circuiting and control intent schedule. $2,700.00 PROGRESS DESIGN DEVELOPMENT Progress Design Development lighting plans and schedules. $6,000.00 DESIGN DEVELOPMENT Design Development lighting plans, specifications, and schedules. $6,100.00 DD/PRICING REVIEW Review Design Development documentation and initial budget with team. $200.00 All Design fees described above are top set fees and will not be exceeded. Design Development:$15,000.00 CD COORDINATION MEETINGS Consultant coordination meetings. $1,000.00 CD LIGHTING CONTROL Conceptual circuiting and control intent schedule. $3,200.00 PROGRESS CONSTRUCTION DOCUMENTS Progress Construction Document lighting plans and schedules. $7,800.00 CONSTRUCTION DOCUMENTS 100% Construction Document lighting plans, specifications, detail coordination, and schedules. $7,800.00 All Design fees described above are top set fees and will not be exceeded. Construction Documents:$19,800.00 626 Client:Project: 2023-12-13 LSG_00666QU CCY Architects 228 Midland Ave Basalt, CO 81621 Armory Hall Remodel & Reuse 427 Rio Grande Place Aspen, CO 81611 Armory Hall Remodel & Reuse 1. The scope of work listed herein constitutes normal design services and is not necessarily intended to be all inclusive for services rendered on this project. Additional design services may occur when changes beyond the scope of services listed herein are required or requested for this project. Any exterior lighting design provided will be code compliant. All additional design services will be billed at hourly rates herein. Major changes beyond the control of LS may include, but are not limited to significant changes to project design, change in ownership, changes or additions to permitted / code compliant design, and alternate submittal review. 2. LS carries commercial general liability, professional liability, umbrella liability, and worker’s compensation insurance. Insurance certificate available upon request. 3. All invoices are due based on terms provided on invoice. LS reserves the right to stop work after invoices are 30 days past due. Invoices exceeding 30 days past due may be subject to finance charges. In the event that LS prevails in any legal action (including, but not limited to, litigation) regarding collection of unpaid bills or enforcement of any part of this contract, LS shall be entitled to recover from the Client all legal fees (including, but not limited to, costs and reasonable attorney’s fees). Should work by LS be terminated at any time on this project, LS shall be compensated for the work performed prior to the termination date. Should the project be suspended for any period of time exceeding 3 months, or terminated completely, LS shall be compensated for the work performed prior to the date of issuance of such suspension and/or termination. Should the project be resumed after an extended hiatus exceeding 3 months, LS reserves the right to review and renegotiate the design fees and contract. 4. LS is being contracted as a lighting design consultant and does not assume responsibility for the performance, errors, and/or omissions of the Project Team, Client, General Contractor, or Electrical Contractor. LS does not assume responsibility for the processes of construction, fabrica-tion,purchasing, shipping, delivery, or installation, and for the performance, errors, and/or omissions of the Project Team or Client’s employees, fabricators, distributors, and/or shippers of equipment. LS will not be responsible for any materials, shipping or restocking fees due to changes in the field by the Project Team or Client. 5. LS does not include fees for professional engineer stamps. Project electrical engineer and / or architect to include LS drawings in stamped set. Electrical code compliance to be reviewed by others. 6. At the conclusion of the project, and subject to the prior written approval of the Client, in the Client’s sole discretion, LS shall be granted the right to use all documentation of the project including but not limited to photographs, renderings, plans, and specifications for representation of work completed as part of LS professional portfolio both on the LS website and in other promotional material including but not limited to award submission, featured articles, and advertising. LS shall be credited as the Lighting Consultant in any publications or published material incorpo-rating depictions of their work. Upon the prior written approval of the Client, in the Client’s sole discretion, LS shall be granted permission to photograph the interior and exterior of the project before and after completion. It is understood that LS shall respect the complete anonymity and confidentiality of the Client and all parties involved herein. Client:Project: 2023-12-13 LSG_00666QU CCY Architects 228 Midland Ave Basalt, CO 81621 Armory Hall Remodel & Reuse 427 Rio Grande Place Aspen, CO 81611 Armory Hall Remodel & Reuse BILLING The contract will be phase and/or hourly as-needed billed based on project work completion. Billing type (set fee / hourly) is outlined per the contract deliverables previously stated. Hourly billing rates are outlined below. RATES Designer - $150.00 Lead Designer - $195.00 Director - $225.00 Principal / Partner - $275.00 REIMBURSABLES Copies, printing and Plotting: Standard sized printing and copies will be billed at $1.00/sheet. All other reimbursable charges will be billed at cost including but not limited to large scale plots, large scale copies, color copies etc. Travel: Travel outside of a 5 mile radius of our Denver / Basalt Office locations will be billed as outlined below. Any contract Estimate or Add/Alt is subject to change based on availability and market rates. - Mileage will be billed at current IRS standard mileage rates. - Reimbursable travel time will be billed at 0.5 times the hourly rates provided above. - Travel expenses including but not limited to airfare, meals, lodging, ride share, parking fees, rental cars etc. will be billed at direct cost. Miscellaneous: Couriers, freight, samples, and postage will be billed at direct cost. 627 Client:Project: 2023-12-13 LSG_00666QU CCY Architects 228 Midland Ave Basalt, CO 81621 Armory Hall Remodel & Reuse 427 Rio Grande Place Aspen, CO 81611 Armory Hall Remodel & Reuse Client Signature Printed Name Date Billing Address Billing Email Billing Contact Draw / Billing Date Special Billing Requests / Notes LS Group Signature Printed Name Date 628 THANK YOU CCY ARCHITECTS Todd Kennedy, AIA - Partner | tkennedy@ccyarchitects.com Rich Carr, AIA - Partner | rcarr@ccyarchitects.com www.ccyarchitects.com 629 Part 1a and 1b Part 2 Part 3 Part 4 Part 5 Enhanced Schematic Design & Operations Study Land Use Application and Review Design Development Aproval Documents and Recording Construction Documents 20 weeks 7 weeks - non consecutive 14 weeks 4 weeks 16 weeks Start April 2024 Septemeber 2024 September 2024 March 2025 December 2024 Conclude August 2024 March 2025 December 2024 March 2025 March 2025 CCY Architects Partner in Charge Project Manager Project Architect Job Captain Architect / Designer Partner Architecture $325 $265 $195 $170 $150 $325 Design Workshop Principal Planner CE Principal LA Histroic Preservation Project Manager Planner - CE Community Engagement, Site planning, Land Use $275 $275 $200 $175 $110 KL&A Inc Executive Principal Principal in Charge Project Manager Project Engineer Design Engineer Structural Engineering $250 $210 $170 $150 $125 Resource Engineering Group Principal Engineer Senior Project Engineer Project Engineer Engineering Drafter MEP Engineering $250 $190 $165 $130 BG Buildingworks Partner in Charge Tech Designer BIM Manager Associate Technology Consulting and Predictive Heat Map $257 $232 $140 $140 The Collaborative Inc APTI, Principal Historic Preservaton Consulting $250 LS Group Principal / Partner Principal / Partner Commercial Projects Dir Lead Designer Designer Designer Lighting Design $275 $275 $225 $195 $150 $150 Group14 Team Leader Sr. Eng III Engineer II Sustainability $212 $144 Ricca Design Studios Principal Director Project Manager Operational Consulting, Kitchen Consulting $300 $200 $170 Immersed | Meriwether SVP of Operations Development/Operational Consulting $600 Frontier Energy Sr Program Manager Program Manager Administration Engineer Engineer Food Service Operation Facility Design Support $214 $178 $80 $168 $168 Roaring Fork Engineering Principal Senior Project Manager Project Manager Civil Engineering $240 $213 $159 Code Consultant Code Consultant to be selected TBD Waterproofing Consultant Waterproofing Consultant to be selected TBD Specifiaction Consulting Spec Writer to be selected TBD NOTES:Hours per week per phase for part 1 and part 2 for each of our consultants can be found in our consultant summaries Per question asked at the second prebid meeting we have created our own spreadsheet that formats the fee calculations differently than the template provided. This was said to be acceptable Per question asked at the second prebid meeting we have only provided hours per staff person per phase for parts 1 and 2 and provided lump sums for the remaining phases. This was said to be acceptable Reimburable expenses include travel expenses, shipping delivery charges, reproduction /printing, Mark Up on reimbursable expenses and consultants invoiced directly through CCY will be 10% and 7.5% respectively. Travel time will be billed as an additional service Fees are based on the proposed schedule reflected in the RFP. Fees assume the durations of each part not increasingnor are there breaks in the work that the schedule does not state. Hourly rates are subject to change based on each consultant's annual raise and promotion policies. The anticipated number of hours are fixed. Interior Design Services not included based on responses to questions from pre-bib meeting that the current scope is for white box/ core and shell. Fees proposed assume no addition to the building and no add alternate for an addition is included in our proposal per question and answer session at the pre-bid meeting Construction Cost Estimating not included per question and answer session at the pre bid meeting. Project team assumes City will contract with this conultant and/or bring on a GC in durning the Enhanced Schematic Design Phase. Team Member 1 Hourly Rates $13,900 $4,500.00 $8,97510.00% Team Member 6Team Member 5Team Member 4Team Member 3Team Member 2 $27,013 $0 $29,920 $7,728 $19,800 $14,000 $115,080 $40,500 $12,762 $0 $0 $0 $0 $0 $0 $0$33,750 $122,706 $14,825 $14,000 $15,000 $7,152 $34,900 $0 $20,196$7,242 $45,000 $24,930 $14,240 $6,375 $24,552 $0 $0 $8,260 $26,604.7515.00%$177,365$0$22,780$21,985 $122,430$383,440 $11,000 $4,462 $63,000 $33,750 $0 $17,600 $0 $0 $29,120 $72,000$60,600 $36,911.103.00%$1,230,370$363,000$46,000$315,500 $0.00 $5,850.0015.00%$39,000 10.00% $91,765 $45,000 $89,750 Total Fee $2,272,510$646,941$81,542$635,610$244,842 $3,000$0$0 $108,000 2.00%$2,160 $1,6595.00%$33,187 $5,000 $9,000 $663,575 $0 $0 $6,000 $0 $8,000 $4,000$0$2,000 $8,000$5,000$0 $14,000 Reimbursable Expenses Total Fee Estimated reimbursable expenses Estimated reimbursable expenses as a percentage of fee $3,000$0 $318,386 $49,435 0.00% $7,536 $0 $22,596 $0 $0 $30,132 $3,708 $6,882 $2,260 $3,375 $600 $1,050 $675 $0.00 $0.00 $8,100 $13,302 na $2,925 $2,489 $23,879 $6,731 $2,184 $585.00 $165.94 CCY Mark Up on Consultant Invoices 7.50% $78,161 CCY Mark Up on Reimbusable Expenses 10% $0.00 $0.00 $0.00 $500.00 $216.00 $2,660.48 $3,691.11 $91,660 $9,166 $450.00 $897.50 $0.00 $0.00 630 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Week Todd Kennedy Partner in Charge $325 9 $2,925 12 $3,900 Jenny Narrod Project Manager $210 18.4 $3,864 24 $5,040 Jenny Trumble Project Architect $210 19.6 $4,116 3 $630 Jordan Rich Job Captain $165 30.4 $5,016 48 $7,920 TBD Architect/Designer $145 14.8 $2,146 0 $0 Rich Carr Partner $325 3.4 $1,105 0 $0 Total CCY Fee $'s per Week $19,172 $17,490 $22,536 $11,500 $22,688 Total CCY Fees $'s Per Phase Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 Part 4 May 2024 June 2024January 2024 $383,440 $122,430 $315,500 Approval Recordation Part 5 Documents Construction Design Development CCY Architects $46,000 $363,000 time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Architecture & Overall Project Management Part 3 December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 631 20 weeks 32 Weeks 14 weeks 4 weeks 16 weeks Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Wee k Hours/ Week Fee $'s/Wee k Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Week Jessica Garrow Principal Planner CE $275 3.4 $935 3.90625 $1,074 $0 7 $1,925 Darla Callaway Principal LA $275 0.7 $193 $0 1.92857 $530 $0 Ashley Hejitmanek Historic Preservation $200 0.7 $140 0.4375 $88 $0 $0 Max Guzzetta Project Manager $175 5.2 $910 3.46875 $607 3.42857 $600 14 $2,450 Leen Elharake Planner - CE $110 7.75 $853 4.375 $481 4 $440 12 $1,320 Total DW Fee $'s per Week $3,030 $2,250 $1,570 $5,695 Total DW Fees $'s Per Phase September 2024December 2024June 2024 time per staff person per week not provided for this phase of work - see proposed fee below Community Engagement, Site planning, Land Use Preperation Part 3 Part 4 Enhanced Schematic December 2024December 2024 Part 5 Construction DocumentsDesign Development September 2024December 2024 DesignWorkshop January 2024 $60,600 $72,000 $21,985 Approval Recordation $22,780 Part 1a and 1b Land Use Application Design and Review Part 2 May 2024 June 2024 632 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Wee k Hours/ Week Fee $'s/Wee k Brant Lahnert Executive Principal $250 2 $500 0 $0 Dan Doherty Principal In Charge $210 2 $420 0 $0 TBD Project Manager $170 3 $510 0 $0 TBD Project Engineer $150 1 $150 0 $0 TBD Design Engineer $125 0.86 $108 0 $0 $0 0 $0 $0 $0 $0 $0 Total KL&A Fee $'s per Week $1,688 $0 $2,410.71 $0 $2,531 Total KL&A Fees $'s Per Phase December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 KL&A, Inc $40,500 time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Structural Engineer Part 3 $33,750 $0 $33,750 Approval Recordation Part 5 Construction DocumentDesign Development Part 4 May 2024 June 2024January 2024 Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 633 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Wee k Hours/ Week Fee $'s/Wee k August Hasz Principal Engineer $250 3.5 #$875 5.7 #$1,429 Zack Gustafson Senior Project Eng $190 3.5 #$665 5.7 #$1,086 TBD Project Engineer $165 7 #$1,155 0 $0 TBD Engineering Drafter $130 3.5 #$455 0 $0 $0 0 $0 $0 1 $0 $0 $0 $0 $0 Total REG Fee $'s per Week $3,150 $2,514 $8,765 $0 $7,193 Total REG Fees $'s Per Phase Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 Part 4 May 2024 June 2024January 2024 $63,000 $17,600 $122,706 Approval Recordation Part 5 Construction DocumentsDesign Development REG $0 $115,080 time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below MEP Engineering Part 3 December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 634 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Wee k Hours/ Week Fee $'s/Wee k Eric Rubottom Partner In Charge $257 2 #$514 $0 Jeremy Barndt Tech Designer $232 14 #$3,248 #$0 Jonathann Snyder BIM Manager $140 5 #$700 0 $0 #0 $0 $0 0 $0 $0 1 $0 $0 $0 $0 $0 Total BG Fees $ Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 Part 4 May 2024 June 2024January 2024 $4,462 $0 $14,825 Approval Recordation Part 5 Construction DocumentsDesign Development BG Buildingworks $0 $13,900 time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Technology Consulting and Predictive Heat Map Part 3 December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 635 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours Fee $'s Part 1a and 1bb Hours/ Week Fee $'s/Wee k John D Feinberg APTI, Principal $250 24 $6,000 12 $3,000 8 $2,000 Total TCI Fee $'s Part 1a and Part 1b $11,000 $14,000 $14,000 Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 Part 4 May 2024 June 2024January 2024 Approval Recordation Part 5 Construction DocumentDesign Development the Collaborative inc. (TCI) time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Existing Bldg Conditions Evaluations, Masonry Conditions Evaluations, Design Cosultant - Historic Asset Rehabilitation Part 3 December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 636 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Wee k Hours/ Week Fee $'s/Wee k Sarah Erickson Principal / Partner $275 0.5 $138 1 $275 Elise Streeb Principal / Partner $275 0.25 $69 0.25 $69 Kristen Kordecki Miller Director $225 0.5 $113 0.75 $169 Radhika Kalra Lead Designer $195 0 $0 1.5 $293 Noah Scott Designer $150 0 $0 1 $150 Lin Pizzo Designer $150 0 $0 1.5 $225 $0 $0 $0 $0 Total LS Fee $'s per Week $319 $1,180 $15,000.00 $0 $19,800 Total LS Fees $'s Per Phase December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 LS Group $0 $19,800 time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Lighting Design Part 3 $6,375 $8,260 $15,000 Approval Recordation Part 5 Construction DocumentsDesign Development Part 4 May 2024 June 2024January 2024 Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 637 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Wee k Lauren McNeill/Libby ColemTeam Leader Sr. Eng III $212 40 $8,480 0 $0 TBD Engineer II $144 40 $5,760 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Group14 Fee $'s per Week $712.00 $0 $510.86 $0 $7,728 Total Group14 Fees $'s Per Phase Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 Part 4 May 2024 June 2024January 2024 $14,240 $0 $7,152 Approval Recordation Part 5 Construction DocumentDesign Development Group14 Engineering $0 $7,728 time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Sustaiability Consulting and Energy Modeling Part 3 December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 638 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Week Jeremy Kittelson Principal $300 0 $0 0 $0 Lona Homersham Director $200 0 $0 0 $0 Carly Mazle Project Manager $170 0 $0 0 $0 Zoe Beauchamp Revit Associate $140 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 $0 $0 $0 Total RICCA Fee $'s per Week $0 $0 Total RICCA Fees $'s Per Phase Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 Part 4 May 2024 June 2024January 2024 $24,930 $0 $34,900 Approval Recordation Part 5 Construction DocumentDesign Development RICCA $29,920 time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Culinary Desgin Part 3 December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 639 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $/Week Doug Winter SVP of Operations $600 3.75 $2,250 0 $0 Total Fees $'s Per Phase $45,000 $0 $0 $0 $0 May 2024 December 2024 September 2024 December 2024 December 2024 time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see Part 5 January 2024 June 2024 June 2024 December 2024 September 2024 Construction Document Design and Review Immersed / Meriwether Development and Operational Consultant - Will work with our returant consultant to examine the financial feasibility of the concepts and provide day to day operational expertise Enhanced Schematic Land Use Application Design Development Approval Recordation Part 1a and 1b Part 2 Part 3 Part 4 640 6 weeks 0 public 6 weeks 0 weeks 0 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Week Todd Bell Sr Program Manager $214 3 $642 $0 6 $1,284 Mark Duesler Program Manager $178 3 $534 $0 5 $890 Karen Ravipaty Administration $80 1 $80 $0 1 $80 Edward Ruan Engineer $168 0 $0 $0 4 $672 Michael Slater Engineer $168 0 $0 $0 5 $840 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Frontier Energy Fee $'s per Week $1,256 $0 $3,766 Total Frontier Energy Fee $'s per Phase Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 May 2024 June 2024January 2024 $7,536 $0 $22,596 Approval Recordation Part 5 Construction DocumentsDesign Development Frontier Energy time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Food Service Operation Facility Design Support Part 3 Part 4 December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 641 20 weeks 7 public 4 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Week Hours/ Week Fee $'s/Week Richard Goulding Principal $240 0.6 $144 4 $960 4 $960 Danny Stewart Senior Project Manager $213 0.8 $170 3.42857 $730 8 $1,704 Tyler Stevens Project Manager $159 0.3 $48 11.4286 $1,817 15 $2,385 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total RFE Fee $'s per Week $362 $3,507 $5,049 Total RFE Fee $'s per Phase Enhanced Schematic Part 1a and 1b Land Use Application Design and Review Part 2 May 2024 June 2024January 2024 $7,242 $24,552 $20,196 Approval Recordation Part 5 Construction DocumentsDesign Development Roaring Fork Engineering $12,762 $27,013 time per staff person per week not provided for this phase of work - see proposed fee below time per staff person per week not provided for this phase of work - see proposed fee below Civil Engineer Part 3 Part 4 December 2024December 2024September 2024December 2024 September 2024December 2024June 2024 642 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate TBD Code Consultant tbd Total Fees $'s Per Phase time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see $2,000 $0 $4,000 $0 $3,000 May 2024 December 2024 September 2024 December 2024 December 2024 time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see Part 5 January 2024 June 2024 June 2024 December 2024 September 2024 Construction Document Design and Review To Be Selected Code Consulting _ To provide preliinary code study at SD, Final Code Study at DD. Updated code study at CD. Advise on existing building code, ADA, and energy code. Enhanced Schematic Land Use Application Design Development Approval Recordation Part 1a and 1b Part 2 Part 3 Part 4 643 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate TBD Waterproofing Consultant tbd Total Fees $'s Per Phase $0 $0 $6,000 $0 $8,000 May 2024 December 2024 September 2024 December 2024 December 2024 time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see Part 5 January 2024 June 2024 June 2024 December 2024 September 2024 Construction Document Design and Review To Be Selected Waterproofing _ Review typical assemblies in DD. Review and comment on 100% DD drawings and 50% CD drawings. Advise on waterprorfing and envelope details questions arise Enhanced Schematic Land Use Application Design Development Approval Recordation Part 1a and 1b Part 2 Part 3 Part 4 644 20 weeks 7 public 14 weeks 4 weeks 16 weeks hearings Commence Conclude Name Title Hourly Rate TBD Spec Writer tbd Total Fees $'s Per Phase $0 $0 $3,000 $0 $5,000 May 2024 December 2024 September 2024 December 2024 December 2024 time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see time per staff person per week not provided for this phase of work - see Part 5 January 2024 June 2024 June 2024 December 2024 September 2024 Construction Document Design and Review To Be Selected Specification _ Write a specification at 100% DD, 90% CD, and update 90% CD spec for 100% CD Enhanced Schematic Land Use Application Design Development Approval Recordation Part 1a and 1b Part 2 Part 3 Part 4 645 Architecture & Engineering Design Team for Armory Hall Remodel & Reuse Project # 2023-404 CITY OF ASPEN, COLORADO City of Aspen 427 Rio Grande Place Aspen, CO 81611 (970)920-5000 www.cityofaspen.com Proposals Due: December 18, 2023, 2:00PM Armory Hall Request for Proposals - Architect/Design Services 646 REQUEST FOR PROPOSALS Sealed proposals will be received at the City of Aspen Purchasing office, through the Bidnet Direct website (www.bidnetdirect.com) until 2:00pm, December 18, 2023, at which time the proposals will be opened and reviewed, for the following City of Aspen project: 2023-404 Architecture & Engineering Design Team for Armory Hall. The City of Aspen (“City”) is in the initial steps of a design process for the remodel and reuse of Armory Hall, the former city hall (“Project”). This Request for Proposals (“RFP”) primarily seeks proposals for Architecture & Engineering (“A&E”) design team services in developing the Project. As currently conceived, the Project includes the redevelopment of the building to ensure that it becomes a vital community hub in downtown Aspen. To that end, an operations study will be key to this project and should be immediately undertaken as it will directly inform the design process. Additional design considerations include program development and sensitivities related to historic preservation, the building’s relation to an adjacent pocket park, energy efficiency & sustainability. There will be a non-mandatory, virtual pre-bid conference at 10AM on Tuesday, November 14, 2023. A second, non-mandatory, virtual clarification meeting has been added on Wednesday, November 29th at 10:30 am. Request for site visits can be made until Dec. 4th via email project manager jennifer.phelan@aspen.gov Complete RFP documents are available to download at www.bidnetdirect.com. Candidates must be registered to view the bid packages. There is no fee to register. Call 1-800-835-4603 if you need assistance registering. Proposals must be submitted by uploading to the Bidnet Direct website. The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan, specification, proposal or other writing submitted pursuant to this request. Candidates should identify any portion of their proposals which they consider confidential. Discussion may be conducted with responsible Offerors who submit Proposals determined to be reasonably susceptible to be selected for award for purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. In addition to price, the evaluation criteria set forth in the RFP shall be considered in judging which Proposal is in the best interest of the City. Armory Hall Request for Proposals - Architect/Design Services City of Aspen 427 Rio Grande Place Aspen, CO 81611 647 Table of Contents 1.0 Introduction 3 1.1 Invitation to Proposers 3 1.2 Project Summary___ 3 1.3 Project Approach 4 2.0 Project Description 6 2.1 Process Summary 6 2.2 Project Site 6 2.3 Programming Expectations 7 2.4 Technical Studies 8 3.0 Scope of Services 9 3.1 Part 1: Enhanced Schematic Design_______________________________________________ 9 3.2 Part 2: Support for the Land Use Application and review process_______________________ 9 3.3 Part 3: Design Development_____________________________________________________10 3.4 Part 4: Approval Documents - recordation support__________________________________ 10 3.5 Part 5: Construction Documents_________________________________________________ 10 3.6 Part 6: Support for the Building Permit Application Process___________________________ 11 3.7 Part 7: Construction Administration______________________________________________ 11 3.8 Part 8: Project Closeout and Warranty Support_____________________________________ 11 4.0 RFP Process 11 4.1 Questions 11 4.2 RFP Schedule 12 4.3 Proposal Submission and Format_________________________________________________ 12 4.4 Evaluation Criteria_____________________________________________________________12 5.0 Proposal Requirements 12 5.1 Qualifications 12 5.2 Proposal Elements 13 5.3 Proposal Format 15 6.0 Owner’s Language 15 6.1 Interests of the City of Aspen 15 6.2 Insurance Requirements 15 7.0 Exhibits 15 7.1 Contracts 15 Armory Hall Request for Proposals - Architect/Design Services 648 1.0 Introduction The purpose of this Request for Proposals (RFP) document is to solicit complete architectural design and related service proposals from qualified firms or teams for the Armory Hall project. 1.1 Invitation to Proposers Sealed proposals will be received at the City of Aspen Purchasing office, through the Bidnet Direct website (www.bidnetdirect.com) until 2:00pm, Monday, December 18, 2023, at which time the proposals will be opened and reviewed, for the following City of Aspen project: 2023-404 Armory Hall Remodel & Reuse To allow the City of Aspen (Owner) to fully understand your firm or team’s intended approach to the project, carefully prepare a response based on the information required in this Request for Proposals. 1.2 Project Summary The City of Aspen desires to develop a mixed-use project within Armory Hall (Armory) located at 130 S. Galena Street, the former city hall. Based on public engagement conducted in 2022, the potential uses identified by the public include: casual dining, multi-purpose space, community center, lower price point retail, and social services. Additionally, City Council discussed utilization of part of this space for the Aspen Chamber Resort Association (ACRA), a visitor center, and a meeting space; however, the building contains finite area and it is expected that future programming will need to be prioritized due to both the size of the space and to ensure the programming of the building has the best chance to create a vibrant space. Consultants are currently developing concepts for the building by ‘test fitting’ a mix of uses to determine what can be reasonably accommodated based on the space needs of different uses inclusive of front of house, back of house, circulation, and other requirements. It is anticipated that the Aspen City Council will provide direction on what uses should be prioritized within the building in mid-November, to move the project forward. Once programming direction is provided, further development of the mixed-use concept can be undertaken. Specifically, any design team needs to undertake an operational study to ensure that any uses programmed into the building have adequate space or are ‘right sized’ and properly located within the footprint of the building to be successful in the Aspen market and ensure a mix of uses that will contribute to an energetic, social space. The requirements of the operations study are further defined later in this narrative (section 3.1). Key to any design is maintaining building flexibility for changes to programming in the future to meet shifting community needs. As a historically designated structure, rehabilitation of the building will be necessary and any exterior design changes will need to be sensitive to the historic building and surrounding context. Additionally, any suggested landscape improvements to connect Conner Memorial Park and the outdoor areas on the Armory lot with the building will require compatibility with Parks and Open Space standards and collaboration with the Parks department. The initial contract award for this RFP will include only Parts 1-5 as categorized below and described in Section 3.0 Scope of Services. Additional portions of scope are anticipated to be added as additional services as the project moves forward. Part 1: Enhanced Schematic Design (initial contract award) Part 2: Support for the Land Use Application and review process (initial contract award) Part 3: Design Development (initial contract award) Armory Hall Request for Proposals - Architect/Design Services 649 Part 4: Approval Documents recordation support (initial contract award) Part 5: Construction Documents (initial contract award) Part 6: Support for the Building Permit Application Process (future add services) Part 7: Construction Administration (future add services) Part 8: Project Closeout and Warranty Support (future add services) It should be noted that during the design process, the City may issue an RFQ for Public-Private Partnership (“PPP”) development and financing interest near the end of the SD design phase. This approach is still to be determined but regardless of that decision point, the city anticipates continuing on a redevelopment path with a 2026 construction start date for this important community building. 1.3 Project Approach Design and program a remodel and potential addition of the Armory building, respecting its historic character and key features as well as the surrounding neighborhood. Staff is expecting direction in mid-November on both the recommended uses for programming the building and its footprint. Currently the +/- 19,000 sq. ft. building includes a basement and three stories. When constructed in 1892, the building was two stories: the existing ground floor with a mezzanine feature and the current third floor. In the 1970s, the mezzanine level was filled in, creating a new second story, while the elevator was installed in the 1980s and basement was constructed in the 1990s. It is anticipated that the present second story will be removed, taking the building back to its original above ground condition but reducing the square footage of the building by +/-5,000 sq. ft.. To gain back square footage, Council may direct staff to pursue a new addition. The area along the alley on the north side of the building is the only location a new structure can be located. Any new structure will need to meet the city’s design guidelines as the Armory is historically designated and is located within a historic district. A successful design team should develop a sustainable and energy efficient building that meets accessibility and current City of Aspen building code requirements, allows for the building to be remodeled in a timely manner, and proactively encourages connectivity to the adjacent park and outdoor spaces. The design should consider the building’s flexibility over time as this building is intended to be a community hub and needs may change in the future. Additionally, any design team should develop a project that meets the guiding principles that were adopted via Council resolution to assist in steering decisions related to the project: •The building remodel will incorporate sustainable systems showing a commitment to the environment. •The Armory should be able to be used by a diverse range of people. •The uses within the Armory should provide meaningful and affordable participation in programs and offerings. •The operational structure of the Armory should limit the public financial burden of operating and maintaining the building. •The remodel will respect the historic context and contribute to Aspen’s small-town character. •The programming of the Armory should contribute to a lively and diverse downtown. •The programming at the Armory should focus on unmet needs within the community. 1.3.A Objectives. Proposers shall include on their team firms or individuals qualified and licensed in the State of Colorado, and significantly familiar with City of Aspen building codes, amendments, and processes, to provide professional design or consulting services in the following disciplines: Armory Hall Request for Proposals - Architect/Design Services 650 •The design of a mixed-use building that will likely have some form of food service (food hall/ café/ food trucks). The team should propose connectivity ideas between the building, any on-site space, and Conner Memorial Park, but the actual design of any of those elements will be executed by the Parks Department. •Interior design for finishes •HVAC and mechanical engineering •Construction cost estimation •Historic resource design and rehabilitation •Structural engineering •Financial and operational assessments •Commercial operations •Land Use •Public engagement •Other disciplines that can enhance delivery of the project’s objectives 1.3.B Collaborative Project Delivery. The City will pursue a collaborative project development team. The early formation of the group provides an open and collaborative process involving input from all parties – designers understand the ramifications of decisions when they are made, decisions are not made solely on a first-cost basis, time value design (estimated budgeting) allows for cost feedback and early total project cost commitments. The values we are looking for on this team are as follows: •Mutual respect and trust •Mutual benefit and reward •Collaborative innovation and decision making •Early involvement of key participants •Early goal definition •Comprehensive Planning •Open communication •Appropriate technology •Organization and leadership The collaborative project team will consist of the following: •City of Aspen staff •Architect and design team •General contractor will be brought on board during schematic design •Owners’ representative will be brought on board during schematic design •Commissioning agent when construction is ready to be undertaken 1.3.C Anticipated Schedule. A tentatively proposed project schedule is as follows: •Anticipated finalization of contract award: January, 2024 •Enhanced schematic: January 2024 – May 2024 •Operations study: January 2024 – May 2024 •Design Development/Land Use Process: June 2024 – November 2024 •Recordation of Approval documents: December 2024 •Final Design CD: October 2024 – December 2024 Armory Hall Request for Proposals - Architect/Design Services 651 •Permits submission and review: January - December 2025 •Construction start 2026 2.0 Project Description 2.1 Project Summary The City of Aspen wishes to develop a mixed-use project within Armory Hall, a building that formerly housed city hall. The 131 year-old building is approximately 19,000 square feet in size and sits at the corner of South Galena Street and East Hopkins Avenue. It is anticipated that the current second story that began as a mezzanine level in the 1800s and was filled in over time, will be removed. This does not preclude the introduction of additional square footage within the original footprint if it makes sense. Circulation for the building will also need to be evaluated to meet building code and ensure efficiency and appropriate sizing. City Council may also request development of an addition, to maximize the building’s square footage and compensate for the removal of the second story. Any new addition to the building may be located along the north side of the Armory. The initial contract award for this RFP will include only Parts 1 - 5 as categorized below in Section 3.0. Additional portions of scope are anticipated to be added as additional services as the project moves forward. 2.2 Project Site The subject building site is a 9,000 sq. ft. lot described as Lots K, L and M, Block 93, City and Townsite of Aspen that has street frontage along S. Galena Street and E. Hopkins Avenue, the former being the primary frontage and access to the building. Conner Memorial Park is 8,250 sq. ft, legally described as Lots N, O and the west 22.5 feet of P, Block 93, City and Townsite of Aspen, that has frontage along E. Hopkins Ave. Together, both properties contain 17,250 sq. ft. It appears Armory Hall is built the full 90 feet along E. Hopkins Ave and the egress well on the east side of the building sits within the park. City staff will have a better idea of the design allowances and limitations associated with this feature by the start of the project. Figure 1: Vicinity Map Armory Hall Request for Proposals - Architect/Design Services 652 Figure 2: Armory Hall Site Detail (circa 2013) 2.3 Programming Expectations The city expects to redevelop the site based on the use and design direction provided by City Council at their November 13, 2023, work session. At that meeting, it is anticipated that City Council will identify the uses and design parameters that will need to be incorporated into the project. The design should appeal to a broad segment of the local community, providing an intergenerational destination, and ensure for an enjoyable and lively patron experience. Armory Hall Request for Proposals - Architect/Design Services 653 Any successful project should take into consideration the public engagement that has previously been undertaken, the history associated with building, and the local community as the building moves into a new era. An archive of documents integral to this project can be viewed at Aspen Community Voice: https://www.aspencommunityvoice.com/aspen-armory-hall inclusive of a history paper and engagement reports as well as Council work session memos that show existing building conditions and some initial footprint concepts for the Armory. 2.3.A. Building program. Armory Hall is a historically designated 131-year old building with a rich history steeped in community use. Any design should respect its historic past but incorporate design solutions to allow flexibility for programming changes to meet community expectations for the next 50 years. Rehabilitation of the building exterior, as necessary, should be incorporated into the project scope. Circulation, HVAC and mechanical systems need to be assessed and updated to meet future programming expectations and building code. The building: •must have code compliant ADA access. •must consider efficient circulation for the building, both stairs and elevator, as well as the type of elevator needed based on identified/ future programming. •must consider flexibility in design to accommodate programming changes over time. •must consider necessary structural improvements that must be made to the building. •must consider food preparation, delivery, storage, and accessory space needs if a restaurant use (inclusive of food trucks) is desired. •Must consider needs of the Aspen Saturday Market in any redevelopment scenario (i.e.: bathroom access, power, etc.). 2.3.B. Outdoor space. •The outdoor space on the Armory lot should be an amenity to whatever uses are programmed into the building. Currently, some of the site is used for off-street parking and will need to be considered in light of the uses that are proposed for the building, the circulation needs for those uses, and the requirements of the land use code. •Any suggested connectivity improvements between the Armory lot and the park will be vetted through the Parks Department. •The Parks Department will design any landscape improvements to Conner Memorial Park and the Armory lot so collaboration between the consultant and the Parks Department is required. 2.3.D Permitting requirements. Typical Aspen land use process, building permit application and review process, where multiple departments and districts, such as the Aspen Fire district review the application. The land use process will include review in a public hearing setting, by multiple boards. 2.4 Technical Studies It is assumed a Level 1 Traffic Impact Analysis (TIA) will be required as part of the land use application submission. Additional information on the requirements of the TIA can be found at https://www.aspen.gov/DocumentCenter/View/2208/TIA-Guidelines?bidId= As a historic structure, Mills + Schnoering Architects completed a conditions assessment of the building. This information should be used in developing a rehabilitation plan for the structure and is provided as an exhibit. Armory Hall Request for Proposals - Architect/Design Services 654 3.0 Scope of Services 3.1 Part 1: Enhanced Schematic Design The Part 1 Enhanced Schematic Design scope is meant to first test out a minimum of two initial designs that can accommodate the required programming. Once a design path is chosen, the goal is to prepare sufficient schematic design documentation to support the land use entitlements application and process. The proposal should include advancement of the technical studies needed to support the SD level of design completion. A priority and front-end component of Part 1 should be an operations study, to evaluate the operating costs associated with running the building as well as recommendations on different operating models. The study should enable City Council to evaluate what operating model makes the most sense for the city and greater community based on the projected return on investment and any subsidy that may be required to operate the building. The study should include sizing and location recommendations for the different uses to succeed in the Aspen market but also provide comparable examples. An add alternate to be included in the bid should be for a study component specific to the operating needs of a restaurant or food hall concept in the Aspen market. Besides the sizing and location recommendation noted previously, the add alternate should evaluate the most likely operational structure for the restaurant (one vendor vs. individual vendors, shared back of house vs. individual back of house) to be successful. Additionally, the add alternate should evaluate and make recommendations on how a restaurant use can provide an affordable food product, inclusive of the need for subsidy and how to measure affordability over time. One public engagement event with the community is anticipated for this project stage. Coordination with the city’s communications department to build upon outreach that has already been undertaken is necessary. At a minimum, the team should expect to coordinate one engagement session to discuss and receive feedback on the two designs and results of the operations study prior to review by City Council. Two work sessions, one to get direction on the two options and a final for schematic approval with City Council should be anticipated to determine a final path for submitting a land use application and gaining entitlements. Assume the following public meetings to support the Enhanced Schematic Design process: •1 Mass email effort •1 Advertising effort (radio, paper and social media) •1 Online Survey, including prep, posting, publishing results •1 In-Person Outreach Event, approx. 3 hours plus prep and display materials •1 Outreach Summary Report Assume the following Public Meetings to Support the Enhanced Schematic Design Process: •Assume two (2) City Council work session public meetings in the SD effort 3.2 Part 2: Support for the Land Use Application and review process In preparing the land use application, the Part 2 scope described here is meant to fill the detail gap to the extent needed to fulfill the requirements as described in the Aspen Municipal Code to submit a land use application. This is for the purpose of preparing the application for submittal and for supporting the development review and approval process. It is anticipated that a consultant will lead the development of the application and be the application lead in the review process. Armory Hall Request for Proposals - Architect/Design Services 655 It is anticipated that the SD deliverables will fall somewhat short of sufficient detail for the land use application. Filling the detail gap in this manner is proposed for time efficiency, rather than running through an entire DD process to reach the level of detail needed to submit the initial land use application. It will be important for the consultant to work on additional design detail necessary during Part 1 to maintain a timely schedule. During the land use review process, architect will lead the design team to coordinate responses to questions and comments from one meeting to the next throughout the review process, through completion. Depending upon the quality, completeness, level of regulatory compliance and community uptake of the application submitted, this process can require numerous iterations to reach completion. Assume the following Public Meetings to Support the Land Use Entitlements Process: • Assume 3 Public Meetings with City Council • Assume 4 Public Meetings with the Historic Preservation Commission Assume each public meeting shall consist of one 2-3 hour in-person meeting. Include preparation for presentation and staff as appropriate. Please review the requirements in code chapter 26.445, Planned Development, and estimate the level of effort needed to fill the gap as described and to produce exhibits as needed for the land use application. Also estimate the time needed to support the land use review process. These deliverables will be in addition to typical SD deliverables and should be customized for the application. 3.3 Part 3: Design Development It is anticipated that the DD process should begin immediately after the land use application is accepted by the City of Aspen Community Development Department. The Part 3 Design Development scope consists of typical AIA DD Scope of Work as per Article 3 of the attached contract. An additional presentation to Aspen City Council will be necessary during this part of the process to continue to seek approval as the designs are advanced and as more information about the project is made available. Weekly project team meetings and additional follow-up meetings to support the DD process should also be anticipated. 3.4 Part 4: Approval Documents- recordation support After the project has been approved by the required boards and commissions, it will be necessary to begin Part 4 and produce the documentation to memorialize the site-specific approval. Such documentation typically requires production and recording of the approved site and landscape plan, representative architectural drawings, as well as initial engineering which will memorialize the approved project. 3.5 Part 5: Construction Documents The Part 5 Construction Documents scope consists of typical AIA CD Scope of Work and Bidding and Negotiation Services as per Article 3 of the attached contract. Assume landscape sheets and details will be provided by the Parks department. For Parts 1-5, an add alternate should be included to design an addition to the building, as described earlier in the narrative, for each phase of work. Armory Hall Request for Proposals - Architect/Design Services 656 3.6 Part 6: Support for the Building Permit Application Process Preparation of CD documentation should be aimed specifically at satisfying the building permit application process and should include production of ALL BUILDING PERMIT APPLICATION MATERIALS required for building permit application submittal. Information about the building permit application requirements and process are available at the City of Aspen website. The architect shall perform the building permit application submittal process through the required regulatory application process. Architect shall work toward final acceptance of all building permit application materials by such regulatory department staff. During the regulatory review process, architect will lead the A&E design team to coordinate responses to regulatory questions and comments throughout the regulatory review process, through completion and issuance of building permits. Depending upon the quality, completeness, and level of regulatory compliance of the application materials submitted, this process can require numerous iterations to reach completion. 3.7 Part 7: Construction Administration Weekly project team meetings and additional follow-up meetings to support the design effort should be anticipated. The Part 7 CA scope consists of typical AIA CA Scope of Work and Bidding and Negotiation Services as per Article 3 of the attached contract. 3.8 Part 8: Project Closeout and Warranty Support The Part 8 Project Completion scope consists of typical AIA CA Scope of Work and Bidding and Negotiation Services as per Article 3 of the attached contract, however it is anticipated that a 2-year warranty period will be necessary and that support for ongoing warranty issues will be required throughout the warranty process. Project team meetings would only occur occasionally and would be scheduled in an ad hoc manner during this time. 4.0 RFP Process Sealed proposals will be received at the City of Aspen Purchasing office, through the Bidnet Direct website (www.bidnetdirect.com) until 2:00pm, December 18, 2023, at which time the proposals will be opened and reviewed, for the following City of Aspen project: 2023-404 Architecture & Engineering Design Team for Armory Hall. The selection process will consist of proposal evaluations by the selection committee, and Proposers will be notified ofdsfd further process thereafter. In addition to price, the evaluation criteria set forth below may be considered in judging which Proposal is in the best interests of the City. 4.1 Questions Candidates should post pertinent questions on the Bidnet Direct website, www.bidnetdirect.com, no later than December 4, 2023. Answers will be posted online for all Candidates to review. It is the Candidate’s responsibility to check the website for Q&As, addendums, RFP Clarifications, and other important information. A non-mandatory, virtual pre-bid meeting is optional. Use the following link to join the pre-bid conference call on Tuesday, November 14, 2023, at 10:00 am. https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting?rtc=1Meeting ID:259 808 344 64 Passcode: 5qwhSH Armory Hall Request for Proposals - Architect/Design Services 657 A second, non-mandatory, virtual clarification meeting has been added. Use the following link to join the meeting on Wednesday, November 29th at 10:30 amhttps://teams.microsoft.com/l/meetup-join/19%3ameeting_YWY5ZDA3NWUtZTY2NC00ZmEwLTg3NzQtNDdjOTBhZmUwYWVk%40thread.v2/0?context=%7b%22Tid%22%3a%22c4570712-a4ca-4c34-bc07-8437c5f0c65e%22%2c%22Oid%22%3a%229cca6278-de9d-4f80-a9f9-c7ae49f1c64d%22%7d Meeting ID: 272 151 466 133 Passcode: tfPLsh Request for site visits can be made until Dec. 4th via email project manager jennifer.phelan@aspen.gov 4.2 RFP Schedule At this time, the following process and timeline is anticipated. The City reserves the right to modify the process or time l ine: RFP Issued Pre-Bid Conference RFP Clarification meeting Questions Close Proposal Due Intent of Award by October 30, 2023 November 14, 2023, 10:00AM November 29, 2023, 10:30AM December 4, 2023 11:59PM December 18, 2023, 2:00PM mid- January 2024 4.3 Proposal Submission and Format Electronic submission is to be uploaded on the Bidnet Direct website, www.bidnetdirect.com. The electronic submission must be compiled into a single PDF document plus an unprotected Excel workbook of hourly rates, hours and fees. Please reduce file size to the extent possible. The name of the documents must contain the City project number and firm’s name. Proposals are due by: 2:00pm, December 18, 2023. 4.4 Evaluation Criteria The City of Aspen reserves the right to select the proposer that it deems, in its sole discretion, to have presented a proposal that is in the best interests of the City of Aspen. In addition to price, the evaluation criteria and weightings listed below may be considered in judging which Proposal is in the best interests of the City of Aspen and are subject to change by the selection committee based on the best interests of the City of Aspen: 30% Response to section 5.1 Lead Firm and Team Qualifications 30% Response to section 5.2 Relevant Project Experience 10% Response to section 5.3 Additional Expertise Sought 30% Response to section 5.4 Proposed Hours and Fees, Schedule, Contract, Insurance 5.0 Proposal Requirements 5.1 Qualifications Firms/teams responding to this RFP must show organizational and financial capability on similar projects. 5.1.A Overview of the Firm/Team. Please provide the following items: 1)Please provide your firm’s qualifications. 2)Please provide a description of your firm’s financial history including: •Whether your organization is in the process of filing or has filed bankruptcy within the last five years. •A letter from you firm’s financial institution noting your firm’s financial stability. 5.1.B Relevant Team Experience. Please provide a list of projects relevant to the program described in this RFP and include the following information: •Size and dollar value of each project. •Contact person and phone number for the Owner and Contractor, or other relevant references for each. Armory Hall Request for Proposals - Architect/Design Services 658 •Relevant project experience focused on similar recent municipal and historical structure projects. •Emphasis on projects located in a mountainous setting, specifically projects in Aspen and/or Pitkin County. •Emphasis on projects that include a historic resource. •Familiarity and experience with sustainable design (including LEED certification and Net Zero design). •Detailed outline of project scope as well as your firm’s specific scope of services provided. •Identify if your firm was the Design Architect or Architect of Record for each of the relevant projects listed. 5.1.C Design Capabilities. Please describe in detail the firm/team’s overall design capabilities as they relate to each phase of the process. 5.1.D In-House Personnel Dedicated to the Project. Present the qualifications of the in-house design team leader and the design team members as follows: •Proposed role and decision-making capabilities for this project. •Current resume. •List of projects completed by this individual including specific scope of work. •Owner and General Contractor contact person and phone number for each project listed. •Key qualifications that make this individual an ideal fit for this project. •Number of hours per week this individual will be dedicated to this project during the design phase (you may refer to section 5.2.C). •Number of hours per week this individual will be dedicated to this project during the construction phase (you may refer to section 5.2.C). 5.1.E Consultants/Engineers. Please list all proposed consultants & engineers referenced in the fee worksheet. Summarize the work the firm will contribute to the project and how each consultant/engineer is a value add to this specific project. For each consultant/engineer, include the following information: •Firm Name •Address •Contact Name, Phone Number & Email Address •Firm’s Website Address 5.2 Proposal Elements 5.2.A Acknowledgement of Scope of Services. 1)Please summarize/verify your understanding of the scope of services requested in this RFP as well as described in the contract. 2)Describe how your firm/team will approach and execute each section of the scope of services and describe how your firm/team can add value to the services requested to create a successful project. 3)Please also describe what elements of efficiency your firm/team will bring to the project approach in order to help the City of Aspen best utilize funds and make suggestions in each area of the approach on what your firm will do to ensure that the intended outcomes of the project methodology are reached. 5.2.B Fee Worksheet. 1)Fees: Please complete the included fee worksheet. In doing so, please submit lump sum fees to provide the services requested by phase as categorized in the fee worksheet. 2)Reimbursables: Clearly identify all categories of reimbursable expenses, their proposed percentage of markup, and anticipated cost. Use comments as needed. Armory Hall Request for Proposals - Architect/Design Services 659 The Owner expects to include the reimbursable amount proposed in the final design contract as a top-set to be billed against. Candidates are to assume detailed backup of reimbursable costs will be required with each invoice. 5.2.C Detailed Schedule. 1)Prepare a detailed suggested schedule, based on the design process, that will meet the constraints described in section 1.3.C. and describe the level of effort of each individual or role throughout each phase of the schedule and how, in each phase, your firm/team will integrate with the team. 2)Please illustrate the billing rates associated with each individual or role and the amount of effort by each so that it will be clear how the overall pricing in the fee worksheet has been built up to reach the total for the proposal. 5.2.D Design Process Coordination / Quality Control. Describe how your firm/team will coordinate work during each phase of the schedule and what your firm/team will do to ensure quality. Include the amount of travel and frequency of on and off-site meetings and conference calls suggested for the project. 5.2.E Additional Requirements. In addition to the scope of services described in this RFP, be sure that the proposal also addresses the following: 1)The City of Aspen requires that the selected firm/teamwork as part of the Design team to develop an efficient, sustainable design that exists in harmony with its surrounding environment and shall meet the functional and constructability requirements of a properly completed project. 2)The design team is expected to support the construction cost estimating effort as needed with the General Contractor, Owner’s Agent and Commissioning Agent throughout the design process. 3)During each phase of the design process, the design team will be responsible for presenting the project design to City of Aspen stakeholder groups and Aspen City Council. The intent of these stakeholder sessions will be to provide updates and to receive (and to incorporate to the extent possible within the City’s goals and objectives) feedback about the project’s design. Specify in your proposal what level of sketches, renderings, graphics or modeling your proposal includes at each phase and describe how each will be sufficient for presentation at each phase. 4)The design team will be responsible, along with the Contractor at Risk and Owner’s Agent, for presenting documentation that supports the Contractor’s GMP bid for the project to Aspen City Council. 5)Your firm should assume general responsibility for all aspects of sustainable design. 6)The selected firm will be required to execute and perform work subject to the attached AIA B132 form of agreement between the Owner and Architect. Please make the necessary arrangements with your legal and insurance teams to accommodate this request. The contract documents included provide a working framework for the overall project approach and should be considered part of the scope of work required by this RFP while recognizing that changes to the document may be requested by both parties and negation will be required to finalize the contract language. 7)Please provide the maximum square footage associated with designing the remodel of the existing Armory building associated with the bid. Include the square footage associated with the add alternate of designing a new addition to the building. All contents of proposals received are in the public domain and all material is likely to be published in recommendations of award etc. If ANY information contained within your proposal is deemed sensitive or confidential, please indicate this clearly and CoA will strive to retain this Confidentiality. Armory Hall Request for Proposals - Architect/Design Services 660 5.3 Proposal Format Preferred electronic format is a single .pdf of your firm’s complete response. The fee schedule is to uploaded as a separate document. So that the selection committee may most easily reference sections and pages of the proposal, please number all pages and provide tab sheets to separate sections and provide an index or table of contents. Proposals submitted in response to this solicitation are irrevocable for 60 days following the due date of the proposals. This period may be extended by written agreement between Respondent and the City of Aspen. 6.0 Owner’s Language 6.1 Interests of the City of Aspen The City of Aspen reserves the right to reject any or all Proposals or accept what is, in its sole judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to modify this RFP process as it sees fit or waive any technical defects or irregularities in any and all Proposals submitted. The successful Respondent is prohibited from assigning or subcontracting the whole or any part of the contract without the prior written consent of the owner. 6.2 Insurance Requirements Refer to the attached AIA B132 form of agreement between the Owner and Architect for insurance requirements. 7.0 Exhibits 7.1 Contracts Exhibit A - AIA B101 Agreement between the Owner and Architect Exhibit B - Mills + Schnoering Architects, conditions assessment Exhibit C - Workbook of rates and fees Armory Hall Request for Proposals - Architect/Design Services 661 MEMORANDUM TO:Mayor Torre and City Council FROM:Lisa Rigsby Peterson, Wheeler Opera House Executive Director THROUGH:Diane Foster, Assistant City Manager MEMO DATE:February 29, 2024 MEETING DATE:March 12, 2024 RE:Resolution # 40, Series of 2024 Aspen Public House Lease Amendment REQUEST OF COUNCIL:Council’s approval of this resolution amending the terms of the Aspen Public House (APH) lease regarding lunch service is requested. SUMMARY AND BACKGROUND: At the February 27, 2024 regular Council meeting, a majority of Council endorsed amending the APH lease as follows: Seven day a week lunch and dinner service will be provided June 1 – September 30, 2024, and from December 1, 2024 – March 31, 2025 (hours of operation: noon – 8:00 pm [as required by current lease terms]) Saturday and Sunday lunch service will be provided October 1 – November 30, 2024, as will seven day a week dinner service (hours of operation: Monday – Friday 4:00 – 8:00 pm [to conform to current lease term regarding closing hour], Saturday and Sunday noon – 8:00 pm) All other terms of the existing lease will remain in force. DISCUSSION: Council has had extensive discussions about the request from William Johnson, the owner of Aspen Public House, to limit his financial losses due to slow lunch demand. Council provided several suggestions to Mr. Johnson at the February 27th Council meeting and requested a re-evaluation of the lease amendment during the first quarter of 2025. FINANCIAL IMPACTS: It is difficult to quantify financial impacts to the City as a result of this proposed amendment. 662 ENVIRONMENTAL IMPACTS: There are no apparent environmental impacts related to this request. ALTERNATIVES: Council may decline to approve the resolution. RECOMMENDATIONS: CITY MANAGER COMMENTS: 663 RESOLUTION #40 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF ASPEN AND ELK MOUNTAIN HOSPITALITY INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH LEASE AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the CityCouncil an amendment to the Lease Agreement between the City of Aspen and Elk Mountain Hospitality Inc., regarding the lease in the Wheeler Opera House of the premises now known as Wheeler Restaurant Space, a copyof which is attached hereto as Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the CityCouncil of the Cityof Aspen hereby approves the entry into an Amendment to the Lease Agreement between the City of Aspen and Elk Mountain Hospitality Inc., regarding the lease in the Wheeler Opera House of the premises now known as Wheeler Restaurant Space, a copyof which is attached hereto and incorporated herein, and does herebyauthorize the City Manager of the City of Aspen to execute such amendment on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the Cityof Aspen on the 12 th day of March 2024. 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 bythe City Council of the Cityof Aspen, Colorado, at a meeting held March 12, 2024. Nicole Henning, City Clerk 664 AMENDMENTTO LEASEAGREEMENT WHEELER OPERAHOUSE RESTAURANT THIS AMENDMENT TO LEASE AGREEMENT, is made and entered into as of this ____ day of March 2024, between City of Aspen, 130 South Galena Street, Aspen, Colorado (hereinafter referred to as "Landlord"), and Elk Mountain Hospitality, Inc. (hereinafter referred to as "Tenant"), whose address is 371 Market Street, Basalt, Colorado, 81621. W I T N E S S E T H: WHEREAS, on or about March 5, 2018, the parties hereto entered into a lease agreement for certain property described as the Wheeler Opera House Restaurant, Aspen, Colorado (hereinafter be referred to as the "Lease"); and, WHEREAS, the Lease was approved by the Aspen City Council pursuant to Resolution No. 38, Series of 2018; and, WHEREAS, Exhibit C of the Lease contains certain specific requirements for the operation of the restaurant on the premises, including, but not limited to, the obligation to be open from “noon – 8 pm, 7 days per week, with full kitchen service from noon – 8 pm”; and WHEREAS, the Tenant has requested an amended to certain requirements set forth in Exhibit C, specifically the opening dates set forth above, which amendment must be approved by the City Council, as an amendment to the Lease. NOW, THERFORE, In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows: Section 1: Amendment Exhibit C is hereby amended to add the following provisions: From the date of this amendment through May 31, 2024, and from October 1, 2024, through November 30, 2024, the restaurant shall be open for dinner (approximately 4:00 pm to 8:00 pm) seven days per week and shall be open for lunch (approximately noon – 4:00 pm) on weekends, defined as Saturday and Sunday, unless otherwise closed pursuant to the terms set forth in Exhibit C. For the summer months, from June 1, 2024, through September 30, 2024, and for the month of December 2024, the restaurant shall be open for lunch and dinner (approximately noon to 8:00 pm) seven days per week. This modification is applicable only for the remainder of the 2024 calendar year and except as modified herein, all other provisions set forth in Exhibit C, including all other provisions set forth in the paragraph denoted as “Year 2 and beyond:” shall remain in full force and effect. 665 Section 2: Review The parties hereby agree that as soon as practical during the first quarter of 2025, the parties will review the Tenant’s performance during 2024 and make such further amendments as are mutually agreeable between the parties or take such other action as deemed appropriate. Section 3: Other provisions All other Lease terms, not otherwise amended herein, shall remain in full force and effect, including the terms set forth in the Lease regarding default and the Tenant acknowledges and agrees that by amending the lease, City has not waived any claims it has against Tenant for any default that occurred prior to the entry of this Amendment. IN WITNESS WHEREOF, the Landlord and Tenant have executed this Lease Extension Agreement on the day and year first above written. LANDLORD:City of Aspen ________________________Date_________ Sara Ott, City Manager TENANT:Elk Mountain Hospitality, Inc. ________________________Date__________ William Johnson 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 MEMORANDUM TO:Mayor and City Council FROM:Matt Kuhn, Parks and Open Space Director THROUGH:Austin Weiss, Parks and Recreation Director Diane Foster, Assistant City Manager MEETING DATE:March 12, 2024 RE:Resolution #041 – IGA for Wildfire Early Detection Camera Funding REQUEST OF COUNCIL: City of Aspen staff is seeking approval of an Inter-Governmental Agreement (IGA) between four other agencies to support the operation of a network of wildfire monitoring cameras in the Roaring Fork valley. BACKGROUND: The City of Aspen has been working collaboratively with Aspen Fire Protection District (AFPD) over the last several years on various wildfire related topics. One of those efforts is participating in funding of wildfire monitoring cameras within the upper Roaring Fork valley. The wildfire camera system was first installed at four Pitkin County communications sites in 2021, and was funded through a donation from a local citizen as a pilot project. This program continued as a pilot into 2022 with funding from AFPD and the Aspen Community Foundation. In 2023, Pitkin County, the City of Aspen, and AFPD all contributed to funding the camera network. Over the last several years, AI-supported wildfire cameras have developed into a reliable and important tool for early wildfire detection. Fire agencies, utility providers, and communities throughout Colorado are increasingly adopting this technology with dozens of cameras installed to-date in Colorado alone. The four cameras installed in the Roaring Fork valley are products of Pano-AI. This company was selected by AFPD based on extensive research, and the contract for their operation continues to be managed by AFPD. DISCUSSION: The attached IGA provides a framework for various local agencies to contribute collectively for the funding and operation of the wildfire cameras. The funding partners are the Aspen Fire Protection District, the City of Aspen, Pitkin County, the Town of Snowmass Village, and Roaring Fork Fire Rescue. 713 The IGA contemplates an equal split of expenses across the agencies, which will be approximately $32,000 per agency in 2024. These expenses may increase over the lifetime of the IGA, and staff will estimate these expenses and incorporate annual appropriations in each budget cycle. FINANCIAL/BUDGET IMPACTS: The financial contributions to the wildfire camera program are included in the 2024 budget within the General Fund (001) and are part of the Wildfire Mitigation budget (001.572.10030.52199.30001). The total appropriation for 2024 is $86,540. This IGA will commit approximately $32,000 towards the collaborative funding of the camera network. ENVIRONMENTAL IMPACTS: Early detection of wildfires also plays an important role in the local environment, potentially limiting catastrophic large-scale events. These camera sites are installed at existing communication sites, so there are very limited new impacts by the installation of the cameras. ALTERNATIVES: Council can direct staff to amend or change elements of the IGA. ATTACHMENTS: A – IGA for Wildfire Monitoring Camera Funding and Operation CITY MANAGER COMMENTS: 714 1 RESOLUTION NO. 041 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY AND THE ASPEN FIRE PROTECTION DISTRICT AND THE TOWN OF SNOWMASS VILLAGE AND THE ROARING FORK FIRE RESCUE AUTHORITY REGARDING THE FUNDING AND OPERATION OF WILDFIRE DETECTION CAMERAS. WHEREAS, there has been submitted to the City Council an intergovernmental agreement (IGA) for the continued operation and funding of a network of wildfire detection cameras between the City of Aspen, and the Board of County Commissioners of Pitkin County, and the Town of Snowmass Village, and the Aspen Fire Protection District, and the Roaring Fork Fire Rescue Authority , a draft of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the intergovernmental agreement for the funding of wildfire early detection cameras between the City of Aspen and the other members of the IGA, a draft of which is attached hereto and does hereby authorize the City Manager of the City of Aspen to execute a final agreement on behalf of the City of Aspen in substantially the form attached hereto, subject to the approval of the City Manager and the City Attorney. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12th day of March 2024. ___________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. __________________________ Nicole Henning, City Clerk 715 INTERGOVERNMENTAL AGREEMENT For Wildfire Monitoring Camera Funding and Operation THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this _______ day of ________, 2024 by and between the City of Aspen, whose address is 427 Rio Grande Place, Aspen Colorado 81611 (the “City”), the Board of County Commissioners of Pitkin County Colorado, whose address is 530 East Main St., Aspen Colorado 81611 (the “County”), the Town of Snowmass Village, whose address is 130 Kearns Road, Snowmass, Colorado 81615 (the “Town”), the Aspen Fire Protection District, whose address is 420 East Hopkins Avenue, Aspen, Colorado 81611 (“AFPD”), and Roaring Fork Fire Rescue Authority, whose address is 1089 JW Drive, Carbondale, Colorado, 81623 (“RFFRA”) RECITALS There currently exists four (4) wildfire monitoring camera stations located on Pitkin County Communication sites that monitor strategic wildland areas for smoke and allows for early wildfire detection and response, and The County, the City, and the AFPD have jointly funded the annual expense and operation of the camera network to date, and The County, the City, the Town, AFPD, and RFFRA desire to continue the operation and upkeep of the wildfire camera monitoring system, and The operation of the camera system aims to reduce the response time of wildfires, and reduce chances that those small fires become large and catastrophic wildfires, and The parties desire that this Agreement supersedes all prior agreements regarding Wildfire Monitoring Camera funding. AGREEMENT NOW, THEREFORE, for in consideration of the mutual promises and agreements of the parties and other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows: 1.The City, the County, the Town, AFPD, and RFFRA hereby agree to share the costs of the camera system equally. In 2024, annual costs are estimated at $32,000 per entity, which may be subject to increase in each subsequent year. 2.The AFPD shall be the primary contractor and financial agent between the camera vendor and the members of this agreement. 3.The proposed and estimated annual expenses for the operation of the cameras shall be provided by AFPD to other parties of this IGA by August 1 of each year for incorporation into each agency’s annual budgets. 716 4.The parties acknowledge that needs may arise for the maintenance of the equipment that could not be anticipated in the annual budget, due to unforeseen failures. Should the need for such unforeseen expenditures arise, the AFPD shall notify the parties as promptly as possible. The parties agree to work cooperatively and promptly in this circumstance to make necessary funding available to keep the wildfire camera program operating while budget revisions are processed in accordance with the applicable budget protocols. 5.Terms and Extensions. This agreement shall commence upon the date first written above and shall continue each year through written consent as determined by the Participating Members. 6.Assignability. This agreement is not assignable by any party hereto. 7.Modification. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards or Councils of the Governments and signed by authorized officers of each party. 8.Entire Agreement. This Agreement constitutes the entire Agreement between the parties and all other promises and agreements relating to the subject of this Agreement, whether oral or written, are merged herein. 9.Severability. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. 10.Termination Prior to Expiration of Term. Any Party has the right to terminate or withdraw from this Agreement, with or without cause, by giving written notice to the other Parties of such termination and specifying the effective date thereof. Such notice shall be given at least sixty (60) days before the effective date of such termination. Termination of the Agreement relieves the cancelling or withdrawing Party of any further responsibility under this Agreement. 11.Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To: Pitkin County With copies to: Jon Peacock, County Manager Pitkin County Attorney’s Office 530 East Main Street, Ste 302 530 East Main Street, Ste. 301 Aspen, CO 81611 Aspen, CO 81611 Jon.peacock@pitkincounty.com attorney@pitkincounty.com To: City of Aspen With Copies to: Sara Ott, City Manager City of Aspen Attorney 717 130 South Galena St 130 South Galena Street Aspen CO 81611 Aspen, CO 81611 Sara.ott@cityofaspen.com attorney@cityofaspen.com To: Aspen Fire Protection District Rick Balentine, Chief 420 E. Hopkins Ave. Aspen, CO 81611 rick.balentine@aspenfire.com To: Town of Snowmass Village With Copies To: Clint Kinney, Town Manager Town of Snowmass Village Attorney 130 Kearns Road 130 Kearns Road Snowmass Village, CO 81615 Snowmass Village, CO 81615 ckinney@tosv.com jdresser@tosv.com To: Roaring Fork Fire Rescue Authority Scott Thompson, Chief 1089 JW Drive Carbondale, Colorado, 81623 sthompson@roaringforkfire.org 12.Government Immunity. The parties agree and understand that all parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 13.Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of the parties. The parties’ obligations under this Agreement are subject to each individual party’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of any of the parties within the meaning of any constitutional or statutory debt limitation. This Agreement shall not be construed to pledge or create a lien on any class or source of any of the parties’ bonds or any obligations payable from any class or source of each individual party’s money. 14.Binding Rights and Obligations. The rights and obligations of the parties under this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 15.Agreement made in Colorado. This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Court in and for Pitkin County, Colorado. 718 16.Attorney Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the substantially prevailing party, whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorney fees. 17.No Waiver. The waiver by any party to this Agreement of any term or condition of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 18.Authority. Each person signing this Agreement represents and warrants that said person is fully authorized to enter into and execute this Agreement and to bind the party it represents to the terms and conditions hereof. The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County, Colorado at its regular meeting held on the _______ day of _____________, 2024. The foregoing Agreement is approved by the Aspen City Council at its regular meeting held on the ____________ day of _____________ 2024. The foregoing Agreement is approved by the Town of Snowmass Village Council at its regular meeting held on the ____________ day of _____________ 2024. The foregoing Agreement is approved by the Board of the Aspen Fire Protection District at its regular meeting held on the ____________ day of _____________ 2024. The foregoing Agreement is approved by the Board of the Roaring Fork Fire Rescue Authority at its regular meeting held on the ________ day of ___________ 2024. In witness whereof the parties hereto have caused this agreement to be executed as of the day and year first written. 719 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY: ATTEST:BOARD OF COUNTY COMMISSIONERS _________________________By: _____________________________ Jeanette Jones Steven F. Child, Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM:MANAGER APPROVAL ___________________________ _________________________________ John Ely, County Attorney Jon Peacock, County Manager ___________________________ Jeff Krueger, Telecommunications Manager 720 ATTEST ASPEN CITY COUNCIL By: _____________________By:______________________________ City of Aspen Clerk Torre, Mayor Date:_______________ APPROVED AS TO FORM MANAGER APPROVAL ____________________________________________________________ Austin Weiss, Parks and Sara Ott, City Manager Recreation Director __________________________ Jim True, City of Aspen Attorney 721 ATTEST SNOWMASS TOWN COUNCIL By: _____________________By:______________________________ Town Clerk Bill Madsen, Mayor Date:_______________ MANAGER APPROVAL ___________________________ Clint Kinney, Town Manager __________________________ Jeff Conklin, Town Attorney 722 ATTEST ASPEN FIRE PROTECTION DISTRICT By: _____________________ ________________________By:______________________________ John Ward, Board President Date:_______________ FIRE CHIEF APPROVAL _________________________________ Rick Balentine, Fire Chief Date:_______________ 723 ATTEST ROARING FORK FIRE RESCUE AUTHORITY By: _____________________ ________________________By:______________________________ Ed Van Walraven, Board President Date:_______________ FIRE CHIEF APPROVAL _________________________________ Scott Thompson, Fire Chief Date:_______________ 724 1 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 27, 2024 Mayor Torre called the meeting to order at 5:00 p.m. with Councilors Doyle, Hauenstein, Rose and Guth present. CITIZEN COMMENTS: Patty Kravitz – Ms. Kravitz said she is a Centennial homeowner and board member. She said we are getting nowhere fast. (Several in the audience also stood while she spoke) She gave a recap of what has taken place since the holidays. Today they received another proposal from their attorneys, but nothing is being accomplished. She asked for a collaborative discussion. Mayor Torre said it is the intention to meet with their board. He thanked her for being here. He said he will be in touch with their board president to see how to move forward. Councilor Guth said he feels like a lot of their ideas are bad for Aspen. But he said he wants to help them find a solution. Linda Killian – Ms. Killian said she has lived at Centennial for 30 years. She said her place is really nice, but she can’t afford to do anymore upgrades. She feels they deserve more compensation and consideration since she has been a longtime servant to the community. Steve Falender – Mr. Falender said he lives in town and he’s here commenting on the Downtowner. He doesn’t use it but uses the crosstown shuttle. His concern is about expanding the Downtowner service. He spoke about cancellations of regular bus service because there aren’t enough drivers. He wondered where they are going to find more people to drive these Downtowners when there aren’t enough drives for the crosstown shuttle already. Mayor Torre said council is also concerned about coverage and service and will look into it. Councilor Hauensteinsaid housing is the common denominator in all of this. Chris Bryan – Mr. Bryan said he is commenting on the demolition allotments talked about yesterday in a work session. He said Ordinance 13, Series of 2022 that created the cap hasn’t worked. He said there will be appeals next week after the lottery that was recently held. He spoke about the positive parts of the ordinance and made suggestions to council. He spoke about what Boulder is doing. COUNCILMEMBER COMMENTS: Councilor Rose said he would love to be a part of the Centennial mediation. There will be a Buckhorn art display at the Wheeler this Thursday. He thanked the Goldbergs for the Palm Tree Festival. He gave a shout out to staff on the wildfire mitigation work currently being done. He spoke about his behavior at the last council meeting and said it is a learning experience. Councilor Guth said the Palm Tree festival was energizing for the community. He attended a lot of it. He said he’s growing concerned about community safety and behavior by certain individuals. We discussed this with the BOCC recently and would like to stay on top of it. Councilor Doyle read from the Guardian about global warming. Councilor Hauenstein said he attended Palm Tree on Friday, and it was really well done andwell organized. He spoke about a senior shuttle with RFTA. He said he is supportive of all who come to us 725 2 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 27, 2024 with comment, and he is happy to hear we are moving forward, and people are learning from their mistakes. Mayor Torre acknowledged CMC and their new campus kitchen. Aspen Meadows has recreated their restaurant from Plato’s to the West End Social. The Legend of Oz will be showing at the Isis tomorrow night, which is part of a film series.World Cup is coming back this weekend. There will be a ton of parties going on. There will be races all day and parties in Wagner Park until 10 pm. CITY MANAGER COMMENTS: City Manager, Sara Ott, said the council calendar will be changed regarding a change of a regular meeting date. There was some hefty info only memos that were included in this packet, so she suggests making sure to read them. BOARD REPORTS: Councilor Doyle gave an update on the CORE program and said they are moving toward a donor-based funding system. He said the Nordic Council celebrated a 40 th anniversary and have received a 15,000 donation. Councilor Hauenstein gave updates on APCHA and CAST. Mayor Torre said he had ACRA this morning. Ms. Ott gave an update on the Aspen Airport and said they are having a joint meeting with the BOCC on March 12th. CONSENT CALENDAR: Councilor Doyle motioned to approve; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. PUBLIC HEARINGS: Ordinance #01, Series of 2024 –Affordable Housing Fee-in-Lieu Annual Update – Ben Anderson & Haley Hart Ms. Hart gave the fee-in-lieu timeline and explained the history to address some questions council had at first reading. She said staff recommends approval. Councilor Rose asked if this is high enough, and Ms. Hart said she feels it’s appropriate. Mayor Torre opened and closed public comment. Mayor Torre thinks it’s low. Councilor Hauensteinagreed. Councilor Rose motioned to pass Ordinance #01; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. Ordinance #02, Series of 2024 – Repealing Ordinance #01, Series of 2014 – City Attorney, James R. True 726 3 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 27, 2024 Mr. True introduced the item and recapped the comments at first reading and said they were incorporated into the ordinance presented tonight. Councilor Rose said he met with Tyler Wilkinson-Ray who was the co-chair of Next Gen. They spoke about how this age group can participate moving forward. He said it’s not a sad occasion, but momentous for them. It’s a good thing. Councilor Guth thanked Mr. True for adding the additional whereas clause. Mayor Torre opened and closed public comment. Councilor Hauensteinsaid he welcomes all age groups and doesn’t discriminate young or old. It’s better for that age group to not have the constraint of open meeting laws, so they can have a free exchange of ideas through a social channel. Mayor Torre said he is happy to meet with the group outside. He hopes it will work better for them. Sam motioned to approve; bill seconded. All in favor, motion carried. ACTION ITEMS:– Aspen Public House Lease Amendment Request – Lisa Rigsby Peterson & Bill Johnson, Owner Mayor Torre recapped Mr. Johnson’s request regarding lunch service. He would like to revise the winter weekday lunch schedule during the off-season so that he has the choice to be open or not. During the timeframe of December 1st – March 31 st, he would like to provide weekend lunches only. Mayor Torre said he is supportive of the request. He is supportive of Public House in general, but he does have a couple things to point out. The rent that you are afforded is at a discounted rate for a couple of reasons. This is to maintain local service. Being closed in the off season isn’t that. All restaurants struggle with the same issues, so he doesn’t understand why lunch doesn’t work. He mentioned when Mr. Johnson came in to share some of the ownership and pointed out the times it has been closed when it’s supposed to be open. He asked Mr. Johnson if he wants to continue operation of the business because of these reasons. Maybe there is a buyout opportunity and maybe we could do a new RFP. That option is available. There are a number of operators who would love to take over the lease that you have. Councilor Guth talked about his own experience in the restaurant business and why he thinks the lunches aren’t working for him. He assumed that Mr. Johnson doesn’t have the margin to absorb the losses like other restaurants do because of the model they operate under. Councilor Rose is supportive of his request. This off season will be an experiment. Councilor Doyle said heappreciates he changed his initial request and happy he is willing to meet halfway. He wondered if a menu change would be a good idea to see if it works better for lunch with this great above ground spot. Councilor Hauensteinmade similar comments to Mayor Torre, and he reflected on the initial lease that was signed. Mr. True can bring back a resolution at the next meeting making an amendment to the lease to be revisited a year from now. 727 4 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 27, 2024 Councilor Guth encouraged Mr. Johnson to explore variations on what might work for them in the off season. BOARD APPOINTMENTS: Mayor Torre said there were five boards which candidates interviewed for. He asked if the board supports Charlie Tarver for HPC. Councilor Doyle motioned for Charlie; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Guth, no; Hauenstein, yes; Rose, yes; Torre, yes. 4-1, motion carried. Mayor Torre said there were two applicants for LLA: Ben Rose and Ashley Gilroy. Mayor Torre motioned to appoint Ashley to LLA; Councilor Doyle seconded. Mayor Torre said the Board of Appeals does need members because they weren’t able to meet quorum last week. Roll call vote for Ashley on LLA: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. Mayor Torre motioned to appoint Ben Rose and Stephen Kanipe to The Board of Appeals; Councilor Doyle seconded. Roll call vote for Ben and Stephen on Board of Appeals: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. Mayor Torre motioned to reappoint Michaela Idhammar to Kids First; Councilor Rose seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. Mayor Torre motioned to reappoint Adam McCurdy, Julie Hardman and Howie Mallory on Open Space; Councilor Guth seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5- 0, motion carried. Mr. True said they don’t need to bring back a resolution for this. Councilor Doyle motioned to adjourn; Councilor Rose seconded. All in favor, motion carried. ______________________ City Clerk, Nicole Henning 728 MEMORANDUM TO:City Council FROM:Pete Strecker, Finance Director THRU: Sara Ott, City Manager MEETING DATE:March 12, 2024 RE:Ordinance No. 03 (Series 2024), Food Tax Refunds Request of Council: The ordinance before Council tonight reflects direction provided during the 2024 Budget process to increase the food tax refund amount for disbursement in 2024, from $55 to $65 per eligible individual. Eligible individuals that are over age 65 and/or are legally blind are eligible for additional refund amounts in tandem with this base award. Previous Actions: The food tax refund program was first adopted in 1970 as the City’s first 1.0% sales tax was levied. Since that time, Council has periodically increased the refund amount; most recently, Council approved an increase from $50.00 to $55.00 via Ordinance 4, Series 2018. Discussion:The proposed ordinance reflects the recommendations of the Council that were brought forward during the 2024 Budget adoption process, to increase the award levels to $65. Also during that time, Council expressed an interest in further assessing the monetary award provided by this program and requested a work session. To that end, staff has prepared a memo and is ready to present information to the Council at the upcoming March 25th meeting to allow for Council dialogue around this topic. Changes to Section 23.32.150 (b) are shown below. Note, there are a couple of inconsistencies in the existing code (where the dollar amount for seniors does not reflect the additional $5 increase from 2018 and where the blind person’s award narrative does not match the parenthetical amount) that need to be addressed with this update. (b) Any resident of the City, as herein defined, may, not later than April 15th of every year and so long as this Code shall be in force, apply, on such forms as provided by the Director of Finance, for an annual food sales tax refund from the City in the amount of fifty-five dollars ($55.00)sixty-five dollars ($65.00) for their self and, in addition, for every person who is a member of their household and for whom he or she is entitled to claim a personal exemption under and pursuant to the federal income tax laws. Any resident who is over the age of sixty-five (65) years shall be entitled to receive an additional food tax refund in the amount of fifty dollars ($50.00)sixty-five dollars ($65.00), and any resident who is blind shall be entitled to receive an additional food tax refund in the amount of fifty dollars ($55.00)sixty-five dollars ($65.00). 729 Financial/Budget Impacts:No new budget authority is required to adopt this ordinance. Council took action during the crafting of the 2024 Budget and recommended an additional $40,400 in annual appropriations to support this increase. Recommendations:Staff recommends approval of Ordinance 03 Series 2024 approving an increase in the food sales tax refund from $55 to $65 per eligible individual. Eligible persons that are also over the age of 65 and/or are able to provide proof of being legally blind, are entitled to an additional $65 for each criterion that applies. City Manager Comments: 730 1 ORDINANCE NO. 03 SERIES OF 2024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 23 OF THE ASPEN MUNICIPAL CODE PERTAINING TO FOOD SALES TAX REFUNDS. WHEREAS, City Council has determined that it is in the interest of the City of Aspen, Colorado, (the “City”) to refund to its year-round citizens a flat amount per individual in recognition of sales tax paid on the purchase of food over the previous year, and WHEREAS, City Council has determined that special relief is appropriate for senior and citizens who are legally blind, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1:Section 23.32.150 be readopted to read as follows: (b) Any resident of the City, as herein defined, may, not later than April 15th of every year and so long as this Code shall be in force, apply, on such forms as provided by the Director of Finance, for an annual food sales tax refund from the City in the amount of sixty-five dollars ($65.00) for their self and, in addition, for every person who is a member of their household and for whom he or she is entitled to claim a personal exemption under and pursuant to the federal income tax laws. Any resident who is over the age of sixty-five (65) years shall be entitled to receive an additional food tax refund in the amount of sixty-five dollars ($65.00), and any resident who is blind shall be entitled to receive an additional food tax refund in the amount of sixty-five dollars ($65.00). Section 2: 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. 731 2 Section 4: If any provision of this ordinance, or the application of such provision to any person or circumstance, is held to be unconstitutional, then the remainder of this ordinance, and the application of the provisions of such to any person or circumstance, shall not be affected thereby. Section 5: In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days after date of its adoption. Section 6:A public hearing on this ordinance shall be held on the 12th day of March 2024, at a meeting of the City Council commencing at 5:00pm in the City Council Chambers, Aspen City Hall, Aspen, Colorado. A minimum of seven days prior to which hearing a public notice of the same shall be published. INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the 26th dayof March 2024. ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY,adopted, passed and approved this 26th day of March 2024. ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor APPROVED AS TO FORM: _____________________________ James R. True, City Attorney 732 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Haley Hart, Long-Range Planner THROUGH: Ben Anderson, Community Development Director MEMO DATE: March 4, 2024 MEETING DATE: March 12, 2024 RE: Resolution #027, Series of 2024 Request for Demolition Allotment 2024 Local Owner Allotment – Section 26.470.110.G REQUEST OF COUNCIL: Council is asked to review an application submitted by Sarah Oates of Oates, Knezvich, Gardenswartz, Kelly & Ticsay, P.C. on behalf of the Estate of Elizabeth Ann Marolt for the property at 875 Bonita Drive. The request is for issuance of one of the four available 2024 “local” demolition allotments. Resolution #027, Series of 2024 is written to approve the issuance of the allotment. Staff recommends approval of the resolution. The request for the Demolition Allotment is being considered within the “Action Item” section in Council’s agenda. While not a public hearing, Staff recommends that the applicant and/or their representative be granted opportunity to address Council during Council’s consideration. SUMMARY AND BACKGROUND: In the discussion leading up to the passage of Ordinance #13, Series of 2022 (the primary ordinance resulting from the residential building moratorium in 2022) Council was asked to provide additional consideration to longtime locals within the larger topic of the residential Demolition Allotment policies. Council agreed to provide two additional annual allotments for local families who had owned and occupied their homes from 35 years or more. It is important to note that the two additional allotments, if granted, are not to be taken from future years’ available allotments. On January 9, 2024, Council approved Resolution #006, Series of 2024, to ‘carry forward’ two unused and unclaimed 35+ Year Local Demolition Allotments, creating four total 35+ Year Local Demolition Allotments available in 2024. The process for this request requires an applicant to first pursue one of the six annual demolition allotments that are generally available. If there are none available, a property 733 Page 2 of 3 Resolution #027, Series of 2024 875 Bonita Drive owner who meets the criteria for the 35+ Year Local Demolition Allotments can request Council review. The application requires the submittal of documentation showing evidence of the ownership and occupancy of the property as part of the application. 875 Bonita Drive Timeline of Application: • September 12, 2023 – PreApplication Issued for Demolition Allotment Process • November 20, 2023 – Application for a Demolition Allotment was received • January 10, 2024 – Notice of Denial issued as no 2023 allotments were available • January 17, 2024 – Amended Application received for “local” Demolition Allotment • January 24, 2024 – Deadline for submission of Appeal – no appeal was filed • March 12, 2024 – Council review of request. The Demolition Allotment application for 875 Bonita Drive was handled in a manner consistent with the process outlined in the PreApplication summary. The PreApplication identified that no 2023 Demolition Allotments were available but also outlined additional options: 1) Pursue a Multi-Year Allotment per 26.470.110.A – a long-standing provision in the LUC providing a path for Council consideration of issuing a development allotment from a future year. 2) Pursue the process for one of the two 2023, “local” Demolition Allotment 3) Apply, be denied, and appeal, per 26.470.160.C – An Appeal of a GMQS decision – due to insufficient development allotments 4) Wait until 2024 5) Complete a renovation of the home that does not trigger “demolition”. The application for 875 Bonita Drive was denied due to no available demolition allotments at the time of submission. An appeal was not submitted, but Community Development staff did receive an amended application pursuing one of the 2023/2024 “local” Demolition Allotments. The application reflected the submission requirements, was deemed complete and was reviewed under the provisions of the LUC, particularly 26.470.110.G. STAFF DISCUSSION: 26.470.110.G - Additional allotments for local property owners of Single-Family and Duplex Redevelopment or Expansion that does trigger Demolition as defined by Chapter 26.580 and Section 26.470.090(c). Any property owner within the City who applied for an allotment through Section 26.470.090 and was not granted an allotment due to a lack of allotments available for the calendar year can request an allotment from future years. Up to two (2) allotments may be granted through this process and shall not be deducted from a future year's available allotments. This review procedure is available only to property owners who can establish, through such procedures and documentation set forth below, that the property proposed for redevelopment or expansion has been owned and occupied by the applicant or applicant's immediate family members for at least 35 years. All other property owners may request an allotment through the Multi- year development allotment procedures outlined in Section 26.470.110(a). The 734 Page 3 of 3 Resolution #027, Series of 2024 875 Bonita Drive following review criteria shall apply to the consideration of the award of additional allotments pursuant to this subsection (G): (1) The property owner or immediate family members have owned and occupied the property for at least thirty-five (35) years. Documentation evidencing ownership and residency shall be provided, which may include but is not limited to property transactions records, property tax remittance, voter registration records, and the like. Additionally, signed affidavit(s) attesting to ownership and occupancy for all thirty-five (35) years must be submitted. The application submitted for 875 Bonita Drive provides a narrative, accompanying title work, and an affidavit describing the ownership of the property. The application for 875 Bonita Drive confirms Max and Betty Marolt purchased the property from Max’s mother, Celia Marolt and received a Certificate of Occupancy for the home in 1969. The Warranty Deed from 1969 in which Celia conveyed the property to Betty and Max is provided in the application and recorded at the Pitkin County Clerk and Recorded under Book 241, Page 255, Reception No. 135519. Max passed away in 2003, and Betty passed away last year in 2023. The property is currently under the management of Max and Betty’s son and Personal Representative of the Estate of Elizabeth Ann Marolt, Steven Marolt. These documents describe a family ownership and occupancy of the property since 1969; a period of 55 years. In staff’s evaluation, the application materials provide confirmation the property has been owned and occupied for a period of 35 years or more in meeting the requirements of the code provisions qualifying the applicant’s status as a “long-time local”. Staff recommends approval of a 2024 ‘long-time local’ demolition allotment under Resolution #027, Series of 2024. RECOMMENDATION: Staff recommends approval of Resolution #027, Series of 2024. EXHIBITS: Resolution #027, Series of 2024 A – Application for 875 Bonita Drive 735 Resolution # 027, Series of 2024 875 Bonita Drive, Demolition Allotment Request Page 1 of 3 RESOLUTION #027 SERIES OF 2024 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A DEMOLITION ALLOTMENT PER LAND USE CODE SECTION 26.470.110.G FOR 875 BONITA DRIVE, LEGALLY DESCRIBED AS: SUBDIVISION: WEST ASPEN, LOT: 26, FILING: 1, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO WHEREAS, on September 12, 2023, a PreApplication Summary was issued to Sarah M. Oates of Oates, Knezvich, Gardenswartz, Kelly & Ticsay, P.C. as representative for the property at 875 Bonita Drive, describing the Land Use process to apply for a 2023 GMQS Demolition Allotment for single family and duplex residential structures; and, WHEREAS, a Land Use Application was submitted to Community Development on November 20, 2023, by Sarah M. Oates of Oates, Knezvich, Gardenswartz, Kelly & Ticsay, P.C. on behalf of the owner of 875 Bonita Drive. The application was reviewed for completeness and compliance; and, WHEREAS, on January 10, 2024, a Notice of Denial was issued by the Community Development Director in response to the Land Use application, as no 2023 GMQS Demolition Allotments were available as the six annual allotments had previously been granted; and, WHEREAS, on January 17, 2024, Community Development received an amended application from Sarah M. Oates of Oates, Knezvich, Gardenswartz, Kelly & Ticsay, P.C. on behalf of the owner of 875 Bonita Drive, pursuing a Demolition Allotment under 26.470.110.G – which allows two additional, annual allotments for long-time locals who have owned and occupied their homes for more than 35 years; and, WHEREAS, on January 9, 2024, Council approved Resolution #006, Series of 2024, to ‘carry forward’ two unused and unclaimed 35+ Year Local Demolition Allotments, creating four (4), 35+ Year Local Demolition Allotments available in 2024; and, WHEREAS, Community Development staff have reviewed the application and have provided a memorandum for City Council consideration recommending approval of the request; and, WHEREAS, City Council at a regular meeting on March 12, 2024 considered Community Development’s recommendation, reviewed application materials and heard testimony from the owner of the property and/or their representative; and, WHEREAS, by a vote of X to X (X to X) City Council approved Resolution #027, Series of 2024, granting approval of a Demolition Allotment to 875 Bonita Drive; and, 736 Resolution # 027, Series of 2024 875 Bonita Drive, Demolition Allotment Request Page 2 of 3 WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: A. A 2024 GMQS Demolition Allotment is granted to the Marolt Estate for the property at 875 Bonita Drive. B. The Demolition Allotment is granted per 26.470.110.G – Additional Allotments for local property owners of Single-Family and Duplex Development or Expansion that does trigger Demolition. C. The allotment is subject to the following conditions: • All requirements of the Residential Demolition and Redevelopment Standards in place on August 8, 2022, must be met prior to building permit issuance. • The building permit submission must include a signed and notarized affidavit the property owner, or successors, will comply with the requirements of the Building IQ program. • The building permit submission must include a signed and notarized affidavit the property owner, or successors, will comply with the requirements of the Embodied Carbon requirement prior to receiving a Certificate of Occupancy. • Approval and related vesting are limited to the issuance of a GMQS Demolition Allotment and Residential Demolition and Redevelopment Standards. The property is subject to all other requirements of the Land Use and Building Codes in effect at the time of building permit submission. Section 2: This resolution 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 3: 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. 737 Resolution # 027, Series of 2024 875 Bonita Drive, Demolition Allotment Request Page 3 of 3 FINALLY, adopted this 12th day of March, 2024. ______________________________________ Torre, Mayor ATTEST: APPROVED AS TO FORM: _______________________ ________________________ Nicole Henning, City Clerk James R. True, City Attorney 738 LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY & TICSAY, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 E. HOPKINS AVENUE ASPEN, COLORADO, 81611 WWW.OKGKM.NET LEONARD M. OATES TELEPHONE (970) 920-1700 RICHARD A KNEZEVICH FACSIMILE (970) 920-1121 TED D. GARDENSWARTZ DIRECT (970) 920-1873 DAVID B. KELLY MARIA TICSAY OF COUNSEL: smo@okglaw.com STEPHEN R. CONNOR ANNE MARIE MCPHEE SARAH M. OATES January 17, 2024 VIA E-MAIL Ben Anderson, Community Development Director Haley Hart, Long-Range Planner City of Aspen 427 Rio Grande Place Aspen, CO 81611 ben.anderson@aspen.gov haley.hart@aspen.gov Re: Appeal of Community Development Director Determination Re: Development Allotment for 875 Bonita Drive/PIN: 2735-122-09-026 (“Property”) Owned by the Estate of Elizabeth Ann Marolt (“Marolt Estate”) Dear Haley and Ben: Please consider this letter a formal appeal of the Community Development Director’s Notice of Denial (“Denial”), dated January 10, 2024 and attached hereto as Exhibit “A,” of the Marolt Estate’s application (“Application”) for a 2023 Demolition Allotment pursuant to Ordinance No. 13, Series of 2022 and Aspen Municipal Code (“Code”) Section 26.470.090.C. As stated in the Denial, all 2023 Multi-Year Development Allotments have been awarded to other properties and City staff is unable to administratively grant approval of an allotment for the Marolt Estate. The Marolt Estate timely appeals this Denial pursuant to Code Section 26.316 and is seeking a Demolition Allotment pursuant to 26.470.110(g), which permits the City to grant up to two (2) allotments to Local Property Owners who were denied a Multi-Year Development Allotment. The Marolt Estate asks City Council to grant one of the Local Property Owner Allotments for demolition of the house located on the Property. As demonstrated in the original Application, Max and Betty Marolt purchased the Property from 739 OATES, KNEZEVICH, GARDENSWARTZ, KELLY & TICSAY, P.C. Appeal Letter – 875 Bonita Drive (Marolt Estate) January 17, 2024 Page 2 Max’s mother, Celia Marolt, in 1969. Max built the house for which demolition is sought, which according to the Certificate of Occupancy included with the Application, was completed in September 1969. The Marolts raised their four children in the house on the Property and resided there as full-time Aspen residents until their deaths – Max in 2003 and Betty in 2023. Hallmarks of the Marolts’ lengthy history in Aspen include an important City of Aspen (“City”) open space (e.g. Marolt Open Space) named after the family, a scholarship administered by the City in Max’s name and a statute of Max at Rubey Park. If any family should be considered “local property owners” it is the Marolts. Although included in the original Application, below are the criteria which City Council shall apply for a Local Property Owners Allotment pursuant to Section 26.470.110(g): (1) The property owner or immediate family members have owned and occupied the property for at least thirty-five (35) years. Documentation evidencing ownership and residency shall be provided, which may include but is not limited to property transactions records, property tax remittance, voter registration records, and the like. Additionally, signed affidavit(s) attesting to ownership and occupancy for all thirty-five (35) years must be submitted. Applicant’s Response: Betty and Max Marolt purchased the Property from Max’s mother, Celia, in 1969. Betty and Max raised four kids in the house that Max built that is located on the Property. The Marolts lived in the house until their deaths (Max – 2003) (Betty – 2023). Affidavits and additional documentation have been included with the Application. (2) The granting of the allotment furthers the goals, objectives and policies of the Aspen Area Community Plan. Applicant’s Response: The Additional Allotment furthers the goals, objectives and policies of the AACP. The Additional Allotments are part of the City’s objectives as it relates to timing and managing growth. (3) The project meets all review criteria in Section 26.470.090(c)(3), or a variation is approved by the Planning and Zoning Commission. Applicant’s Response: This application meets the review criteria in Section 26.470.090(c)(3). There are adequate Local Property Owners allotments for 2023 (2 of 2 are available) in order for the City Council to grant approval of this Application. As represented in the Application, the Marolt Estate and/or its successors-in-interest, shall comply with the Residential Demolition and Redevelopment Standards prior to building permit issuance. Additionally, this Appeal has been timely filed with the City pursuant to Section 26.316.030(a) 740 OATES, KNEZEVICH, GARDENSWARTZ, KELLY & TICSAY, P.C. Appeal Letter – 875 Bonita Drive (Marolt Estate) January 17, 2024 Page 3 and the Marolt Estate requests a timely review by City Council pursuant to Section 26.316.030(c) Sincerely, OATES, KNEZEVICH, GARDENSWARTZ, KELLY & TICSAY, P.C. By___________________________________________ Sarah M. Oates Cc: Steven Marolt (via e-mail) Leonard Oates (via e-mail) James True (via e-mail) Enclosures: Exhibit A – Notice of Denial Exhibit B – Application 741 Exhibit AfExhi 742 743 744 LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY & TICSAY, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 E. HOPKINS AVENUE ASPEN, COLORADO, 81611 WWW.OKGKM.NET LEONARD M. OATES TELEPHONE (970) 920-1700 RICHARD A KNEZEVICH FACSIMILE (970) 920-1121 TED D. GARDENSWARTZ DIRECT (970) 920-1873 DAVID B. KELLY MARIA TICSAY OF COUNSEL: smo@okglaw.com STEPHEN R. CONNOR ANNE MARIE MCPHEE SARAH M. OATES November 20, 2023 VIA E-MAIL City of Aspen Community Development Department 427 Rio Grande Place Aspen, CO 81611 CDEHadmins@aspen.gov Re: Land Use Application – Growth Management – Single-Family and Duplex Demolition And Redevelopment Allotment Dear Community Development Department: Enclosed please find a land use application for a 2023 Single Family and Duplex Demolition and Redevelopment Allotment for 875 Bonita Drive (“Property)” which is owned by the Estate of Elizabeth Ann Marolt (“Applicant”). The Applicant understands that the 2023 Demolition Allotments have already been awarded to other property owners but that the Applicant may apply for an Additional Allotment for Local Property Owners who have owned and occupied their residence for at least 35 years. Max and Betty Marolt purchased the Property in 1969 from Max’s mother, Celia Marolt. Max and Betty occupied the Property since the existing house was completed in 1969 (see Exhibit “B” – Certificate of Occupancy) and raised four children there. Max died in 2003 and Betty died this year. The Property was their primary residence for over 50 years. Max was born in Aspen in 1936 and lived here his entire life. He was County Commissioner and a City Councilman along with being an Olympian and avid skier. Betty moved to Aspen in 1960 when she married Max. Betty was often seen on the ski hill or riding her bike up to the Maroon Bells. I have provided the Warranty Deed from 1969 in which Celia conveyed the Property to Betty and Max, recorded in the Pitkin County Clerk and Recorder records on May 26, 1969 at Book 241 at Page 255 as Reception No. 135519, attached hereto as Exhibit “C” as well as an affidavit from their son and Personal Representative of the Estate of Elizabeth Ann Marolt, Steven Marolt, regarding the occupancy of the Property as the Marolt’s primary residence for over 50 years, attached hereto as Exhibit “D.” Exhibit B 745 OATES, KNEZEVICH, GARDENSWARTZ, KELLY & TICSAY, P.C. 875 Bonita Drive – Additional Allotment Applicant November 20, 2023 Page 2 Please let me know if you have questions or require additional information for this application. Sincerely, OATES, KNEZEVICH, GARDENSWARTZ, KELLY & TICSAY, P.C. By___________________________________________ Sarah M. Oates Exhibit A – Land Use Criteria Exhibit B – Certificate of Occupancy Exhibit C – Warranty Deed Exhibit D – Affidavit Exhibit E – Improvement Survey Plat of Property Exhibit F – Pre-application conference summary Exhibit G – Vicinity Map Exhibit H – Fee Agreement Exhibit I – Authorization Letter Exhibit J – Attorney’s Title Certificate Exhibit K – Site Plan (written description) 746 26.304. - Common Development Review Procedures. Applicant’s Response: The Applicant will comply with the common development review procedures outline in Section 26.304. Sec. 26.470.040. - Allotment procedures. (a) General. Aspen area residents have determined that growth and development must be managed to ensure long-term negative consequences associated with development redevelopment and its impacts are minimized. One (1) of the broad themes of the 2012 Aspen Area Community Plan (AACP) is to "manage future development so that it contributes to the long-term viability of a sustainable, demographically diverse visitor-based economy and a vital year-round community." To implement these goals, the community has established a two (2) percent growth rate that can be accommodated without compromising community character. The AACP supports a "critical mass of year-round residents" to be housed while maintaining our community character and way of life. Therefore, the Growth Management Quota System does not limit the annual growth rate of affordable housing, while all other types of development shall be limited to not exceed a two (2) percent annual growth rate. In order to address continued community growth concerns, a growth limit of one-half (0.5) percent has been implemented for new free-market residential development and the demolition and replacement of existing free- market residential single-family and duplex dwellings. Applicant’s Response: This criterion does not require an applicant response. (b) Existing development. The following tables describe the existing (as of March 2007) amount of development in each sector used as a "baseline" in establishing annual allotments and development ceilings. 1 Applicant’s Response: The Applicant is requesting the City to grant an additional allotment for local property owners who have owned and occupied their residence for at least 35 years pursuant to Section 26.470.110.G of the Municipal Code. (c) Allocation procedure. Following approval or approval with conditions, pursuant to the above procedures for review, the Community Development Director shall issue a development order pursuant to Section 26.304.080, Development Orders. Those applicants having received allotments may proceed to apply for any further development approvals required by this Title or any other regulations of the City. Applicant’s Response: The Applicant is requesting the City approve this land use application and issue a Development Order pursuant to the terms and conditions of the approval. (d) Expiration of growth management allotments. Growth management allotments granted pursuant to this Chapter shall expire with the expiration of the development order, pursuant to the terms and limitations of Section 26.304.080, Development Orders. Expired allotments shall not be considered valid, and the applicant shall be required to re-apply for growth management 747 2 approval. Expired allotments may be added to the next year's available allotments at the discretion of the City Council, pursuant to Section 26.470.120. Applicant’s Response: The Applicant understands that the growth management allotments shall expire with the expiration of the development order. Sec. 26.470.090. – Administrative applications (c) Single-family and duplex redevelopment or expansion that does trigger demolition as defined by Chapter 26.580 Demolition and Redevelopment of Single-Family and Duplex properties shall require a land use application pursuant to Chapter 26.304, the allocation of a Growth Management allotment, and shall provide affordable housing mitigation in one (1) of the methods described below. Applicant’s Response: This criterion does not apply. The Applicant is requesting redevelopment that triggers demolition as defined by Chapter 26.580. (1) Applicability. This review shall apply to all applications for development and redevelopment of single-family and duplex project that triggers Demolition as outlined Chapter 26.580, unless otherwise exempted in Section 26.580.050. Applicant’s Response: The Applicant is applying for development that triggers Demolition as outlined in Chapter 26.580. Specifically, the Applicant is applying for a Demolition Allotment to demolish the existing house at 875 Bonita Drive. (2) Procedures for review. a. General. An application for a GMQS review of the Demolition and Redevelopment of a single-family or duplex project shall be submitted (subject to the requirements of Chapter 26.304, Chapter 26.580 and Section 26.470.090(c)) and will considered in an Administrative Review by the Community Development Director. Following review, an approval would be granted by a recorded Notice of Approval and the issuance of a Development Order. On a single parcel, the Demolition of a Single Family, two (2) detached dwellings, or Duplex residential structure shall require one (1) allotment. Applicant’s Response: The Applicant is requesting administrative approval to demolish the existing single-family home at 875 Bonita Drive. The Applicant understands that all Development Allotments for 2023 have been issued and none can be issued administratively. The Applicant is requesting an Addition Allotment pursuant to Section 26.470.110.G for a Local Property Owner. b. Determination of applicability. The applicant may request a preliminary Demolition pre- application conference with Community Development staff to determine the applicability of the Chapter and the application submission requirements. If a project is likely to trigger Demolition, a meeting should be set up with a Zoning Officer to confirm if the project is subject to Chapter 26.580, Demolition. An applicant must request a Pre-application conference summary outlining 748 3 application requirements when a project triggers Demolition pursuant to Chapter 26.580, Demolition. Applicant’s Response: The Applicant’s representative has corresponded with Community Development staff and has been issued a pre-application conference summary outlining the procedure to obtain an Additional Allotment for a Local Property Owner. c.Timing. Applications for a Demolition Allotment shall be received and processed on a first come, first serve basis. An application shall not be reviewed or considered until determined "Complete" per Chapter 26.304. An application may be submitted concurrently with a building permit application for the project. Once determined "Complete" the application will be considered in order with any other "Complete" applications, based on the date and time at which the applications were determined "Complete". Once in review, the ordering of applications for consideration of an allotment will remain. Applicant’s Response: The Applicant understands the ordering of applications. d.Residential demolition and redevelopment standards. This document sets the standards under which a redevelopment project will be reviewed and will serve as the basis under which a project will be approved for the issuance of a development allotment. This document, as amended from time to time, is available on Community Development's web page or may be requested from a staff planner. Applicant’s Response: The Applicant is only requesting an Additional Allotment for a Local Property Owner. No redevelopment is proposed as part of this application. e.Combined reviews. An application for growth management review may be a combined with development applications for other associated land use reviews, pursuant to Section 26.304.060(b)(1), Combined Reviews. Applicant’s Response: The Applicant is not requesting any additional associated land use reviews. f.Variations. An application requesting a Variation of the Residential Demolition and Redevelopment Standards, or the review standards identified below, shall be processed as a Special Review in accordance with the common development review procedures set forth in Chapter 26.304. The Special Review (Section 26.430.040(k)) shall be considered a public hearing for which notice has been provided pursuant to Section 26.304.060(e)(3). Review is by the Planning and Zoning Commission. In this case, the granting of the development allotment would not be granted until Planning and Zoning Commission approves the special review. Applicant’s Response: The Applicant is not requesting any variation from the Residential Demolition and Development Standards. The Applicant is only requesting an Additional Allotment for a Local Property Owner. 749 4 g. Insufficient demolition allotments. Any property owner within the City who is prevented from redeveloping a property because that year's Demolition allotments have been entirely allocated may apply for City Council Review for a Multi-Year Development Allotment subject to Section 26.470.110(a). Applicant’s Response: Although there are insufficient development allotments for 2023, the Applicant is requesting an Additional Allotment pursuant to Section 26.470.110.G not A. (3) Review standards for projects requesting a demolition allotment. a. Adequate growth management allotments are available for the project and the project meets any applicable review criteria in Chapter 26.470, Growth Management Quota System. Applicant’s Response: The City has issued all of its 2023 Development Allotments. The Applicant is requesting an Additional Allotment pursuant to Section 26.470.110.G. b. The project shall meet the requirements of the Residential Demolition and Redevelopment Standards prior to building permit issuance. The project shall be subject to the Residential Demolition and Redevelopment Standards in effect at the time of building permit submission is deemed complete. Applicant’s Response: The Applicant or its successor-in-interest shall meet the requirements of the Residential Demolition and Redevelopment Standards prior to building permit issuance. (4) Application contents. Applications for a Demolition allotment shall include all application requirements outlined in Section 26.470.130 and Chapter 26.304, in addition to the following: a. Demolition diagrams depicting total area to be demolished consistent with the methodology outlined in Section 26.580.040. Applicant’s Response: The Applicant and/or its successor-in-interest shall demolish the entire structure. b. A written response to all applicable review criteria, including responses to the Residential Demolition and Redevelopment Standards, as amended from time to time pursuant to Chapter 26.580. Applicant’s Response: The Applicant has addressed the criteria in Chapter 26.480 below. (5) Affordable housing mitigation requirements. 750 5 a. Affordable housing mitigation requirements for free-market residential development that triggers Demolition pursuant to Chapter 26.580 shall be as follows. The applicant shall have four (4) options: i. Recording a Resident-Occupancy (RO), or lower, deed restriction on the single-family dwelling unit or one (1) of the residences if a duplex or two (2) detached residences are developed on the property. An existing deed restricted unit does not need to re-record a deed restriction. ii. Providing a deed restricted one-bedroom or larger affordable housing unit within the Aspen Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines (which may require certain improvements) in a size equal to or larger than thirty (30) percent of the Allowable Floor Area increase to the Free-Market unit. The mitigation unit must be deed- restricted as a "for sale" Category 2 (or lower) housing unit and transferred to a qualified purchaser according to the provisions of the Aspen/Pitkin County Housing Authority Guidelines. iii. Providing a fee-in-lieu payment or extinguishing a Certificate of Affordable Housing Credit in a full-time-equivalent (FTE) amount based on the following schedule: a. Employment Generation Rate: 0.107 per 1000 square feet of Mitigation Floor Area. b. For redevelopment or renovation of an existing single-family or duplex that meets the definition of Demolition (Section 26.104.100), all Mitigation Floor Area (existing and new) shall be calculated toward employee generation and required mitigation. c. Affordable housing mitigation must be provided at a Category 2 (or lower) rate. Certificates must be extinguished pursuant to the procedures of Chapter 26.540, Certificates of Affordable Housing Credit. Fee-in-lieu rates shall be those stated in Section 26.470.100 - Calculations; Employee Generation and Mitigation, in effect on the date of application acceptance. Providing a fee-in-lieu payment in excess of .10 FTE shall require City Council approval, pursuant to Section 26.470.110(c). iv. An affordable housing mitigation Deferral Agreement may be accepted by the City of Aspen pursuant to Section 26.470.080(d)(12). Example: An existing home is redeveloped in a fashion that meets the definition of Demolition. The redeveloped home has a Mitigation Floor Area of five thousand seven hundred (5,700) square feet. 5,700 / 1,000 × 0.107 = 0.61 FTE In this example the applicant may provide a Certificate of Affordable Housing Credit or request City Council accept a fee-in-lieu payment. Applicant’s Response: The Applicant and/or its successor-in-interest shall determine the appropriate mitigation requirement for the Property upon redevelopment. 751 6 Sec. 26.470.110. - City council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.060, Procedures for Review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.080. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments. (a) Multi-year development allotment. The City Council, upon a recommendation from the Planning and Zoning Commission, shall approve, approve with conditions or deny a multi-year development allotment request based on the following criteria: (1) A project is required to meet at least five (5) of the following criteria. a. The proposal exceeds the minimum affordable housing required for a standard project. b. The proposed project represents an excellent historic preservation accomplishment. A recommendation from the Historic Preservation Commission shall be considered for this standard. c. The proposal furthers affordable housing goals by providing units established as priority through the current Aspen/Pitkin County Housing Authority Employee Housing Regulations and Housing Development Policy and provides a desirable mix of affordable unit types, economic levels and lifestyles (e.g., singles, seniors, families, etc.). d. The proposal minimizes impacts on public infrastructure by incorporating innovative, energy- saving techniques. Recommendations from relevant departments shall be considered for this standard. For example, if an applicant proposed an innovative design related to the storm sewer system, a recommendation from the Engineering Department shall be considered. e. The proposal minimizes construction impacts beyond minimum requirements both during and after construction. A recommendation from the Engineering and Building Departments shall be considered for this standard. f. The proposal maximizes potential public transit usage and minimizes reliance on the automobile by exceeding the requirements in Chapter 26.515, Off-Street Parking and Mobility. A recommendation from the Transportation and Engineering Departments shall be considered for this standard. g. The proposal exceeds minimum requirements of the Residential Demolition and Redevelopment Standards or for LEED certification, as applicable. A recommendation from the Building Department and/or Engineering Department shall be considered for this standard. h. The proposal represents a desirable site plan and an architectural design solution. 752 7 i. The proposal promotes opportunities for local businesses through the provision of Alley stores or second-tier commercial space. (2) The project complies with all other provisions of the Land Use Code and has obtained all necessary approvals from the Historic Preservation Commission, the Planning and Zoning Commission and the City Council, as applicable. Applicant’s Response: The Applicant is not seeking approval under this Code Section and is requesting an Additional Allotment for Local Property Owners. Sec. 26.470.110. - City council applications. (g) Additional allotments for local property owners of Single-Family and Duplex Redevelopment or Expansion that does trigger Demolition as defined by Chapter 26.580 and Section 26.470.090(c). Any property owner within the City who applied for an allotment through Section 26.470.090 and was not granted an allotment due to a lack of allotments available for the calendar year can request an allotment from future years. Up to two (2) allotments may be granted through this process and shall not be deducted from a future year's available allotments. This review procedure is available only to property owners who can establish, through such procedures and documentation set forth below, that the property proposed for redevelopment or expansion has been owned and occupied by the applicant or applicant's immediate family members for at least 35 years. All other property owners may request an allotment through the Multi-year development allotment procedures outlined in Section 26.470.110(a). The following review criteria shall apply to the consideration of the award of additional allotments pursuant to this subsection (g): (1) The property owner or immediate family members have owned and occupied the property for at least thirty-five (35) years. Documentation evidencing ownership and residency shall be provided, which may include but is not limited to property transactions records, property tax remittance, voter registration records, and the like. Additionally, signed affidavit(s) attesting to ownership and occupancy for all thirty-five (35) years must be submitted. Applicant’s Response: Betty and Max Marolt purchased the Property from Max’s mother, Celia, in 1969. Betty and Max raised four kids in the house on the Property. The Marolts lived in the house until their deaths (Max – 2003) (Betty – 2023). Affidavits and additional documentation have been included with this Application. (2) The granting of the allotment furthers the goals, objectives and policies of the Aspen Area Community Plan. Applicant’s Response: The Additional Allotment furthers the goals, objectives and policies of the AACP. The Additional Allotments are part of the City’s objectives as it relates to managing growth. (3) The project meets all review criteria in Section 26.470.090(c)(3), or a variation is approved by the Planning and Zoning Commission. 753 8 Applicant’s Response: This application meets the review criteria in Section 26.470.090(c)(3). Sec. 26.470.160. - Appeals. (c) Insufficient development allotments. Any property owner within the City who is prevented from developing a property because that year's development allotments have been entirely allocated may appeal to the City Council for development approval. An application requesting allotments must first be denied due to lack of necessary allotments. The appeal procedures set forth at Chapter 26.316 shall apply. The City Council may take any such action determined necessary, including but not limited to making a one-time increase of the annual development allotment sufficient to accommodate the application. Applicant’s Response: As all of the allotments for 2023 have been allocated, there are insufficient allotments for the Applicant’s request unless City Council grants an Additional Allotment for Local Property Owners pursuant to Section 26.470.110.G. Sec. 26.580.010. – Demolition - Purpose. (a) The purpose of the Chapter is to describe and define Demolition as it relates to all land use types in the City of Aspen. The definition of Demolition and the application of this definition is impactful to several sections of the Land Use Code including, but not limited to: Nonconformities (Chapter 26.312) and the Growth Management Quota System (Chapter 26.470). While the definitions and processes described below apply to all use types, particular attention is given to the Demolition of Single-Family and Duplex Residential Units. Applicant’s Response: This criterion does not require a response. (b) The definitions and regulation in this Section and the relationship to other sections of the Land Use Code are meant to regulate impactful development activities and to mitigate negative impacts of complex and significant construction projects to protect the health, safety and welfare of the public. These negative impacts include ecological, economic, transportation, and social impacts. Ensuring impactful development activities are adequately mitigated and consistent with Aspen's small-town character furthers the City's Climate goals by improving regulatory responses to natural resource consumption, reduces traffic impacts, encourages a more sustainable diversion of solid waste from the landfill, reduces general construction impacts to the community, and ensures that Aspen continues to be a leader in efficient design practices is a key goal and purpose of this Section. Applicant’s Response: The Applicant’s property is a modest sized (3,000 sq. ft.) single- family home in the developed Cemetery Lane neighborhood. There will be no negative ecological, economic, transportation and/or social impacts as the result of the demolition. The Applicant and/or its successor-in-interest will comply with any requirements regarding mitigation construction, traffic and solid waste impacts as a result of the demolition. 754 9 Sec. 26.580.020. - Future amendments to Chapter 26.580. All future amendments to this Chapter shall be exempt from the requirement of Policy Resolution for code amendments (Section 26.310.020(b)(1)—(2)). Future amendments may proceed directly to a First and Second Reading, pursuant to Section 26.310.020(b)(3). Applicant’s Response: This criterion does not require a response. Sec. 26.580.030. - Applicability. This Chapter applies to land use applications and building permit submissions for development within the City limits for projects that that meet or exceed the definition of Demolition, unless exempted by Section 26.580.050. Applicant’s Response: This Chapter applies because the proposed development/demolition exceeds the definition of Demolition in the Municipal Code. Sec. 26.580.040. - Measurement of demolition. (a) The City Zoning Officer shall determine if a building is intended to be, or has been Demolished by applying the following process of calculation: (1) Anytime Demolition is proposed the applicant shall calculate the area of the existing surfaces as follows: a. The surface area of all existing (prior to commencing development) exterior wall assemblies above finished grade. Not counted in the existing exterior surface area calculations shall be all existing fenestration (doors, windows, skylights, etc.). b. The surface area of all existing (prior to commencing development) roof assemblies. Applicant’s Response: The entire structure is proposed to be demolished and will exceed the 40% threshold outline in the Municipal Code. (2) The applicant shall calculate the area of existing surfaces that are proposed to be removed and determine the overall percentage that is removed. a. The exterior wall surface area and roof surface area, as described above, to be removed. b. Wall area or roof area being removed to accommodate new or relocated fenestration shall be counted as exterior surface area being removed. Applicant’s Response: The entire structure is proposed to be demolished including the wall and surface areas. 755 10 (3) If the percentage removed exceeds forty (40) percent, then the development shall be considered Demolition, pursuant to Section 26.104.100. Applicant’s Response: The Applicant and/or successor-in-interest will be demolishing the entire structure. (4) Demolition shall also include the removal of a dwelling unit in a multi-family or mixed-use building, its conversion to nonresidential use, or any action which penetrates demising walls or floors between Multi-Family Housing Units if such action is undertaken to combine the units. See the requirements of Section 26.470.100(d), Demolition or Redevelopment of Multi-Family Housing. Applicant’s Response: This criterion does not apply to this application. (b) Anytime Demolition is proposed, the applicant shall prepare and submit a diagram showing the calculation. The diagram shall depict each exterior wall and roof segment as a flat plane with an area tabulation. Applicant’s Response: The applicant is proposing to demolish the entire structure on the Property. (1) According to the prepared diagram and area tabulation, the surface area of all portions of the exterior to be removed shall be divided by the surface area of all portions of the exterior of the existing structure and expressed as a percentage. The Zoning Officer shall use this percentage to determine if the building is to be or has been Demolished according to the definition in Section 26.104.100, Demolition. Applicant’s Response: The applicant is proposing to demolish the entire structure on the Property. (2) If portions of the building involuntarily collapse while construction is occurring, regardless of the developer's intent, that portion shall be calculated as removed and included towards Demolition. Applicant’s Response: The applicant is proposing to demolish the entire structure on the Property. (3) If additional portions of an area are required to be removed for health and safety reasons (such as mold) after initial work has begun, that portion shall not be included in the calculation of Demolition. An inspection with the Chief Building Official shall be required in order to confirm removal is necessary for health of safety reasons. Applicant’s Response: The applicant is proposing to demolish the entire structure on the Property. 756 11 (c) For the purposes of the calculation of Demolition, the following provisions shall apply: (1) Exterior wall assembly and roof assembly shall constitute the exterior surface of that element including such items as studs, joists, rafters etc. (2) If a portion of a wall or roof stud is to be removed, the associated exterior surface area shall be diagrammed as being removed. (3) If a portion of a wall or roof involuntarily collapses, regardless of the developer's intent, that portion shall be calculated as removed. (4) Recalculation may be necessary during the process of development and the Zoning Officer may require updated calculations as a project progresses. (5) Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or expanded fenestration shall be counted as wall area to be removed. (6) Only exterior surface area above finished grade shall be used in the determination of demolition. Sub-grade elements and interior wall or structural elements, while potentially necessary for a building's integrity, shall not be counted in the computation of exterior surface area. (7) Replacement of exterior sheeting when the structural components of that area are to remain, does not count toward the calculation of Demolition. (8) It shall be the responsibility of the applicant to accurately understand the structural capabilities of the building prior to undertaking a remodel. Failure to properly understand the structural capacity of elements intended to remain may result in an involuntary collapse of those portions and a requirement to recalculate the extent of demolition. Applicant's intent or unforeseen circumstances shall not affect the calculation of actual physical demolition. (9) Separate Demolition calculations shall be provided for each detached structure on a parcel. For structures with multiple attached units, such as an attached duplex, Demolition calculations shall be for the entire structure, not per unit. (10) Additional requirements or restrictions of this Title may be required when Demolition occurs. Applicant’s Response: The applicant is proposing to demolish the entire structure on the Property. (d) The calculation of Demolition shall be cumulative for a period of ten (10) years. At any point in a ten-year period, a structure on a property exceeds the threshold for Demolition, it shall be subject to the provisions of this Chapter, as amended. 757 12 Applicant’s Response: The applicant is proposing to demolish the entire structure on the Property. Sec. 26.580.050. - Exemptions. The Community Development Director may exempt projects, or a portion thereof, from the calculation of Demolition if any of the following circumstances exist. Upon a finding by the Community Development Director that a project qualifies for an exemption, the project may proceed with any other required reviews as determined by this Title or the submission of a building permit. (a) Dangerous Structures. Any building or structure that has been determined to be dangerous, structurally unsafe or otherwise hazardous to human life, and is required to be abated by demolition. This may include structures destroyed or damaged by fire, flood or other natural disaster. The Chief Building Official shall make this determination. Applicant’s Response: The Applicant is not requesting an exemption under this or any other criterion. (b) The project is a one hundred (100) percent deed restricted affordable housing, or after completion of the project will be one hundred (100) percent deed restricted affordable housing. Applicant’s Response: The Applicant is not requesting an exemption under this or any other criterion. (c) De Minimus Exception. The Community Development Director may waive any of the requirements of this Chapter if documentation satisfactory to the Director is provided to establish that the scope of work is minimal and that providing Demolition documentation would be inappropriate or unreasonable. Applicant’s Response: The Applicant is not requesting an exemption under this or any other criterion. (d) If an existing structure is to be temporarily relocated, on or off-site, and placed back on an existing or reconfigured foundation that action shall not be considered Demolition for the purposes of this Chapter. Applicant’s Response: The Applicant is not requesting an exemption under this or any other criterion. (e) Exception for Necessary Repairs or Life/Safety concerns. If Demolition is triggered not due to remodel or renovation activity but is determined by the Community Development Director to be required for normal maintenance as defined in Title 26 (see definition in Section 26.104.100) or to rectify life safety issues, such as replacing a failing roof or mold removal, the square footage impacted by the work shall be exempt from this Section. This provision shall not allow 758 13 an increase to the height, floor area, net livable area of a building beyond what is the minimum necessary required to comply with the Building Code. Applicant’s Response: The Applicant is not requesting an exemption under this or any other criterion. (f) Exception for the removal of Non-Historic Additions to Designated Historic Structures. If the Historic Preservation Commission has determined that in the development of a structure that is designated on Aspen's list of Historic Landmarks, that non-historic elements of the project shall be removed in returning the historic resource to its original configuration or character, the portion of the project attributed to the non-historic elements shall not be calculated toward the forty (40) percent threshold. Applicant’s Response: The Applicant is not requesting an exemption under this or any other criterion. Sec. 26.580.060. - Enforcement and penalties. (a) The Community Development Director, City Engineer, Construction Mitigation Officer, or their assigned staff shall have responsibility for enforcement of this Chapter and are authorized to take any and all other actions reasonable and necessary to enforce this Chapter. Applicant’s Response: This criterion does not require a response. (b) Violation of any provision of this Chapter shall be subject to the provisions and penalties set forth in Section 26.104.040 of the Municipal Code unless otherwise specified. Applicant’s Response: The Applicant is not in violation of any provision of this Chapter. Sec. 26.580.070. - Appeals. (a) Appeal of adverse determination by Community Development Director. An appeal made by an applicant aggrieved by a determination made by the Community Development Director that a project triggers Demolition and is subject to the requirements of this Chapter shall be to the Planning and Zoning Commission. The appeal procedures set forth at Chapter 26.316 shall apply. The Planning and Zoning Commission may reverse, affirm or modify the decision or determination of the Community Development Director based upon the application submitted to the Community Development Director and the record established by the Director's review. The decision of the Planning and Zoning Commission shall constitute the final administrative action on the matter. Applicant’s Response: The Applicant is not requesting an appeal under this criterion. Sec. 26.580.080. - Adoption of residential demolition and redevelopment standards for projects that meet the definition of demolition. 759 14 Pursuant to the powers and authority conferred by the Charter of the City, the City Council hereby adopts and incorporates by reference redevelopment standards, hereinafter referred to as the Residential Demolition and Redevelopment Performance Standards, which are incorporated by reference into the City of Aspen Land Use Code. The Residential Demolition and Redevelopment Standards set forth the design parameters to ensure residential redevelopment improves solid waste diversion, increases the energy efficiency of structures, and reduces negative impacts of construction. The Residential Demolition and Redevelopment Standards may be amended, updated, and expanded from time to time by City Council Resolution. The Residential Demolition and Redevelopment Standards shall be available for public inspection on the Community Development Departments web page. Projects that are pursuing a Demolition Allotment as described in Section 26.470.090(c) will be reviewed pursuant to these standards. Applicant’s Response: This criterion does not require a response. 760 761 762 763 764 765 766 767 768 2023 SINGLE FAMILY AND DUPLEX DEMOLITION AND REDEVELOPMENT ALLOTMENT PRE-APPLICATION CONFERENCE SUMMARY PRE-23-101 DATE: September 12, 2023 PLANNER: Ben Anderson; ben.anderson@aspen.gov PROJECT ADDRESS: 875 Bonita Dr. PARCEL ID: 273512209026 REPRESENTATIVE: Sarah Oates; smo@oklaw.com REQUEST: Growth Management – Single Family and Duplex Demolition and Redevelopment Allotment DESCRIPTION: The Demolition of a free-market single family or duplex residential structure requires a Growth Management Quota System Allotment pursuant to Chapter 26.580 and Section 26.470.090.C. Typically there are six demolition allotments available each year, however, City Council awarded six multi-year Demolition allotments via Resolution No. 140, Series of 2022 in December of 2022 from the available 2023 Demolition Allotments. Because of this action, no 2023 Demolition allotments are available to be approved and issued administratively. The following options are available for property owners to pursue a Demolition Allotment in 2023. 1. Multi-Year Demolition Allotment – Section 26.470.110.A An application may be submitted to be considered by City Council for a Multi-year Demolition allotment. This review requires a project to demonstrate compliance with five or more of the review criteria established by this section. Multi-year allotments are considered at a public hearing and approved by resolution at City Council’s discretion. Any allotments awarded through this review are subtracted from future years available allotments. 2. Additional Allotments for Local Property Owners who have owned and occupied their residence for at least 35 years. – Section 26.470.110.G If a property owner has owned and occupied their residence for 35+ years, and can provide adequate documentation demonstrating continual occupancy and ownership, City Council may grant up to two (2) additional allotments beyond the initial six available each year. These allotments are not subtracted from subsequent years. In order to submit for a one of the additional allotment pursuant to Section 26.470.110.G, an application must first be accepted for an administrative Demolition allotment Pursuant to Section 26.470.090.C and must include the standards application contents listed below. That application will be denied via a Notice of Denial, once denied, an amended application can be submitted to pursue an Additional Allotment for Local property owners. The amended application must contain the required additional application contents for this review, as described below. All demolition applications for 2023 additional allotments will begin to be accepted on January 3rd, 2023. 769 3. Section 26.470.160.C – Insufficient Development Allotment Appeal This code section allows for an appeal to be considered by City Council when no allotments are available. In order to submit for an Appeal due to Insufficient Development Allotments, an application must first be submitted for an administrative Demolition allotment Pursuant to Section 26.470.090.C, and must include the standards application contents listed below. That application will be denied via a Notice of Denial, once denied, an amended application can be submitted to pursue the Appeal option. The appeal procedures in Chapter 26.316 apply to this process. Two Demolition allotments will be available in 2024, unless awarded through a Multi-Year allotment review or other action by City Council. A new pre-application summary will be required for any 2024 Demolition allotment applications. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use Application Land Use Code Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470.040 Allotment Procedures 26.470.090.C Single Family & Duplex Demolition and Redevelopment 26.470.110.A Multi-year Demolition Allotments 26.470.110.G Additional Allotments for Local Property Owners 26.470.160.C Insufficient Development Allotment Appeal 26.580 Demolition Review by: Staff will initially review for completeness for all applications. Option 1: Staff will provide a recommendation to City Council. City Council for Decision. Option 2 & 3: Staff will review and issue a Notice of Denial due to insufficient allotments. Following request for options 2 or 3 after issuance of denial, Staff will provide a recommendation to City Council based on review process requested (option 2 or 3). City Council for Decision Public Hearing: Option 1: Yes, City Council Option 2 & 3 Initial review and denial will be administrative. Subsequent reviews for Options 2-3 will be reviewed by City Council Planning Fees: Option 1: $3,250 deposit (for 10 hours of staff work). Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour. 770 Option 2 & 3: $1,300 deposit (for 4 hours of staff work) for the administrative review and denial. Any additional hours required for the subsequent submission requesting review for Options 2 & 3 (Local Owner and Appeal options) will be billed at a rate of $325/hr. TOTAL: Option 1: $3,250 Option 2 & 3: $1,300 To apply, email the following information in a single pdf to CDEHadmins@aspen.gov. Standard Application Contents for Demolition Allotment applications: Completed Land Use Application. An 8 1/2” x 11” vicinity map locating the subject parcel within the City of Aspen. Pre-application Conference Summary (this document). Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. HOA Compliance form. Written Project Summary. Complete responses to all Review Criteria in Section 26.470.090.C sufficient to analyze and determine that review criteria are met. Conceptual site plan. Additional application Contents for: Multi-Year Demolition Allotment – Section 26.470.110.A Adequate documentation, drawings and reports that the review criteria for Section 26.470.110.A have been met. A summary of the project elements that meet the requirements of this review. Insufficient Development Allotment Appeal - Section 26.470.160.C: Responses to review criteria in Section 26.316. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 771 1,128 188.1 Legend 1: WGS_1984_Web_Mercator Feet0188.194.04 Notes 875 Bonita Dr. Vicinity Map THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 2:49 PM 10/19/23 at http://www.pitkinmapsandmore.com State Highway Road Centerline 4K Primary Road Secondary Road Service Road Rivers and Creeks Continuous Intermittent River, Lake or Pond Town Boundary Federal Land Boundary BLM State of Colorado USFS 772 773 774 LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY & TICSAY, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 E. HOPKINS AVENUE ASPEN, COLORADO, 81611 WWW.OKGKLAW.COM LEONARD M. OATES TELEPHONE (970) 920-1700 RICHARD A KNEZEVICH FACSIMILE (970) 920-1121 TED D. GARDENSWARTZ DIRECT (970) 544-1853 DAVID B. KELLY MARIA TICSAY OF COUNSEL: smo@okglaw.com STEPHEN R. CONNOR ANNE MARIE MCPHEE SARAH M. OATES November 20, 2023 ATTORNEY’S TITLE CERTIFICATE By this letter, the undersigned, Sarah M. Oates, an attorney licensed to practice law in the State of Colorado, Attorney Registration No. 41647, hereby certifies the following: 1. The current record owner of the real property described as Lot 26, West Aspen Subdivision, Filing No. 1, according to the Plat (“Plat”) thereof recorded September 5, 1967 in Plat Book 3 at Page 252 as Reception No. 128426 is the Estate of Elizabeth Ann Marolt (“Owner”); and 2. The Owner obtained title to the subject property with her husband Maxwell S. Marolt (also deceased) via a Warranty Deed, recorded May 26, 1969 in book 241 at Page 255 as Reception No. 135519, from Celia L. Marolt; and 3. The Owner has paid all real property taxes since 1969; and 4. There are no mortgages, liens, contracts or other agreements affecting the Property; and 5. Easements affecting the Property are shown on the Plat thereof; and 6. As the sole Owner of the Property, the Owner has a right to apply for a land use application for the Property and the Owner has right to use the land for the proposes identified in the development application for the Property; and 7. The subject property is located in the City of Aspen, State of Colorado; and 8. This Certificate is given solely for the purpose of the land use application for the Owner made with City of Aspen Community Development Department to obtain development approvals for the Property; and may not be relied on for any other purpose. 775 OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. Lot 26, West Aspen Subdivision, 875 Bonita Dr. – Attorney Title Certificate November 20, 2023 Page 2 Sincerely, __________________________________________ Sarah M. Oates 776 Site Plan Applicant is proposing to demolish the exis3ng structure and other improvements on the property and is not proposing a site plan. Applicant will commit to the following upon demoli3on: • Removing all material from the site • Filling and grading where the founda3on and exis3ng improvements have been removed • Plan3ng na3ve vegeta3on in the disturbed area and irriga3ng as appropriate to ensure the property is kept in safe and a@rac3ve manner 777 Document B132™ – 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A132™–2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232™–2019 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the 5th day of March in the year 2024 (In words, indicate day, month, and year.) BETWEEN the Architect’s client identified as the Owner: (Name, legal status, address, and other information) City of Aspen c/o Capital Asset Department 427 Rio Grande Place Aspen, CO 81611 and the Architect: (Name, legal status, address, and other information) CCY Architects PO Box 529 Basalt, CO 81621 for the following Project: (Name, location, and detailed description) Armory Hall Remodel and Reuse project, 130 S. Galena Street, Aspen, CO, as described in Exhibit C, City of Aspen Request for Proposals: Project 2023-404, Aspen Armory Hall Remodel and Reuse. The Construction Manager: (Name, legal status, address, and other information) TBD The Owner and Architect agree as follows. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 470778 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable," or "unknown at time of execution".) § 1.1.1 The Owner’s program for the Project: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) The City of Aspen (owner) will pursue a collaborative project with the Architect. CMa is anticipated to be added during Part 1 Services based on the attached exhibits. The program and associated fees are outlined in Exhibit A, CCY Architects proposal dated December 18, 2023; Exhibit B, CCY Architects Fee Schedule-FINAL; Exhibit C, City of Aspen Request for Proposals: Project 2023-404, Aspen Armory Hall Remodel and Reuse § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) The City of Aspen proposes to develop a mixed-use project within Armory Hall, a building that formerly housed city hall. The 131 year-old building, located at 130 S. Galena, is approximately 19,000 square feet in size and sits at the corner of South Galena Street and East Hopkins Avenue. The subject building site is a 9,000 sq. ft. lot described as Lots K, L and M, Block 93, City and Townsite of Aspen § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) $22,000,000.00 DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 471779 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 3 § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: Project schedule as anticipated in Exhibit A, CCY Architects proposal dated December 18, 2023, recognizing that the commence and conclude dates shall be recalculated to reflect a start date that will begin immediately after city council approval of this contract. .2 Construction commencement date: 2026 .3 Substantial Completion date or dates: TBD .4 Other milestone dates: n/a § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid or negotiated contract.) Request for proposals § 1.1.6 The Owner’s requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction are set forth below: (Identify any requirements for fast-track scheduling or phased construction and, if applicable, list number and type of bid/procurement packages.) n/a § 1.1.7 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) § 1.1.7.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E235-2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E235-2019 is incorporated into this Agreement, the Owner and Architect shall incorporate the completed E235-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information.) CMa is TBD until later in the process, assumption is during Phase 1: Enhanced Schematic Design § 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s submittals to the Owner are as follows: (List name, address, and other contact information.) DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 472780 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 4 Jennifer Phelan, Development Manager, City of Aspen, 970-319-9949, jwphelan@aspen.gov § 1.1.10 The Owner shall retain the following consultants and Contractors: (List name, legal status, address, and other contact information.) .1 Construction Manager: (The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1.) TBD .2 Land Surveyor: Sopris Engineering .3 Geotechnical Engineer: TBD .4 (Paragraphs deleted) Other consultants and Contractors: (List any other consultants and Contractors retained by the Owner.) n/a § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information.) Todd Kennedy, AIA Principal, CCY Architects tkennedy@ccyarchitects.com § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: KL&A Engineers & Builders Dan Doherty, PE Principal and Senior Project Manager ddoherty@klaa.com DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 473781 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 5 .2 Mechanical, Electrical, Plumbing (MEP) Engineer: Resource Engineering Group August Hasz, PE President and Principal hasz@reginc.com .3 Technology Services: BG Buildingworks Jeremy Brandt jdbrandt@bgbuildingworks.com .4 Lighting Design: LS Group Elise Streeb, IALD, LEED AP Principal and Partner elise@ls.lighting .5 Historic Rehabilitation: The Collaborative Incorporated John Feinberg John@thecollaborativeinc.net .6 Community Engagement, Site Planning, Land Use Preparation, Landscape Architecture: Design Workshop Jessica Garrow Principal Planner and Community Engagement Specialist jgarrow@designworkshop.com .7 Development and Operational Consulting: Meriwether | Immersed Doug Winter VP of Operations dwinter@meriwetherco.com Garrett Simon Partner gsimon@meriwetherco.com DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 474782 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 6 .8 Restaurant Planning Consulting & Food Service Design: Ricca Design Studio Jeremy Kittelson Principal jkittleson@ricca.com .9 All Electric Food Service Operation and Facility Design Support: Frontier Energy Todd Bell Senior Project Manager tbell@frontierenergy.com .10 Sustainability and Energy Modeling Consulting: Group 14 Engineering Laura Charlier Sustainability Director lcharlier@group14eng.com .11 Civil Engineering: Roaring Fork Engineering Richard Goulding, PE Principal richard@rfeng.biz § 1.1.12.2 Consultants retained under Supplemental Services: § 1.1.13 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 475783 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 7 sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 1.4 The term "Contractors" refers to persons or entities who perform Work under contracts with the Owner that are administered by the Architect and Construction Manager. The term "Contractors" is used to refer to such persons or entities, whether singular or plural. The term does not include the Owner’s own forces, or Separate Contractors, which are persons or entities who perform construction under separate contracts with the Owner not administered by the Architect and Construction Manager. ARTICLE 2 ARCHITECT’S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.6 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. The Architect’s liability shall be limited to the policy limits identified in §§ 2.6.1. – 2.6.6. § 2.6.1 Commercial General Liability with policy limits of Two Million Dollars ($ 2,000,000.00 ) for each occurrence and Three Million Dollars ($ 3,000,000.00 ) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of One Million Dollars ($ 1,000,000.00 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.6.4 Workers’ Compensation at statutory limits. § 2.6.5 Employers’ Liability with policy limits of One Million Dollars ($ 1,000,000.00 ) each accident, One Million Dollars ($ 1,000,000.00 ) each employee, and One Million Dollars ($ 1,000,000.00 ) policy limit. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 476784 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 8 § 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of One Million Dollars ($ 1,000,000.00 ) per claim and Two Million Dollars ($ 2,000,000.00 ) in the aggregate. § 2.6.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. § 2.6.9 The Architect shall provide to the Owner acceptable certificates of insurance evidencing compliance with the requirements in this Section 2.6 prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. Owner shall receive written notice at least 30 days prior to nonrenewal or cancellation of policies required by this Section 2.6, or 10 days prior notice due to nonpayment of premium. An additional certificate evidencing continuation of professional liability coverage shall be submitted with the final Application for Payment. Information concerning reduction of coverage on account of claims paid under the policy shall be furnished by the Architect with reasonable promptness. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. § 2.6.10 Governmental Immunity: The parties hereto understand and agree that Owner 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 $1,093,000 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 Owner, its officers, or its employees. § 2.6.11 Owner’s Insurance: The parties hereto understand that the Owner is a member of the Colorado Intergovern- mental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business hours. Owner makes no representations whatsoever with respect to specific coverages offered by CIRSA. Owner shall provide reasonable notice of any changes in its membership or participation in CIRSA. Owner shall require the Construction Manager and General Contractor to include Architect as an Additional Insured on their general liability insurance for its liability arising out of the Construction Manager’s and/or General Contractor’s ongoing and completed operations related to the Project using blanket forms ISO CG 20 38 12 19 (ongoing operations) and ISO CG 20 40 12 19 (completed operations). § 2.6.12 Deductible: The Architect shall pay any amounts not covered under Architect’s policies because of a deductible on the insurance policies provided by the Architect. ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. The initial contract includes services as described herein and in referenced exhibits: Exhibit A, CCY Architects proposal dated December 18, 2023; Exhibit B, CCY Architects Fee Schedule; Exhibit C, City of Aspen Request for Proposals project 2023-404: Aspen Armory Hall Remodel and Reuse. The initial contract includes: Part 1: Conceptual/Schematic Design Part 2: Support for the Land Use Application and review process Part 3: Design Development Part 4: Approval Documents-recordation support Part 5: Construction Documents Additional portions of work may be added as the project moves forward, by amendment: Part 6: Support for the Building Permit Application Process Part 7: Construction Administration DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 477785 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 9 Part 8: Project Closeout and Warranty Support § 3.1.1 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager, and the Owner’s other consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner, the Construction Manager, and the Owner’s other consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency, in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit, for the Construction Manager’s review and the Owner’s approval, a schedule for the performance of the Architect’s services. The schedule shall include design phase milestone dates, as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. This schedule shall include allowances for periods of time required for the Owner’s review, for the Construction Manager’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect’s services. The Architect shall review and approve, or take other appropriate action upon, the portion of the Project schedule relating to the performance of the Architect’s services. § 3.1.5 The Architect shall not be responsible for an Owner’s or Construction Manager’s directive or substitution, or for the Owner’s acceptance of non-conforming Work, made or given without the Architect’s written approval. § 3.1.6 The Architect shall, in coordination with the Construction Manager, contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.9 The Architect, if requested by the Owner, shall assist the Owner in interviewing and selecting the Construction Manager. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner and/or Construction Manager, and shall review laws, codes, and regulations applicable to the Architect’s services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and/or Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner and Construction Manager regarding the requirements of the Project. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 478786 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 10 § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, to the Owner and/or Construction Manager, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Construction Manager’s review and Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider with the Owner and/or the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and/or the Construction Manager. The Architect shall meet with the Owner and/or Construction Manager to review the Schematic Design Documents. § 3.2.7 Upon receipt of the Owner and/or Construction Manager’s review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner’s approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate such revisions in the Design Development Phase. § 3.2.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager’s agreement with the Owner. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Construction Manager’s review and the Owner’s approval. The Design Development Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.3.3 Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner’s approval of the Design Development Documents. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Construction Manager’s review and the Owner’s approval. The Construction DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 479787 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 11 Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.4.4 Upon receipt of the Construction Manager’s information and an estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7 and request the Owner’s approval of the Construction Documents. (Paragraph deleted) § 3.5 Procurement Phase Services – Not included in Basic Services, may be added by amendment to contract in the future. § 3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner and Construction Manager in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and (4) awarding and preparing Contracts for Construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and .4 organizing and conducting the opening of bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions, and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements, and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner and Construction Manager in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective Contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective Contractors; .3 preparing responses to questions from prospective Contractors and providing clarifications and interpretations of the Proposal Documents to the prospective Contractors in the form of addenda; and .4 participating in negotiations with prospective Contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 480788 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 12 § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions, consult with the Construction Manager, and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services - Not included in Basic Services, may be added by amendment to contract in the future. § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232–2019, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractors’ failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for acts or omissions of the Construction Manager, or acts or omissions of the Contractors or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2, and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner and the Construction Manager (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection. Whenever the Architect considers it necessary or advisable, the Architect, upon written authorization from the Owner and notification to the Construction Manager, shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractors, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of the Construction Manager, Owner, or Contractors through the Construction Manager. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by the Owner and Contractors, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 481789 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 13 Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractors designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A232–2019, the Architect, with the assistance of the Construction Manager, shall render initial decisions on Claims between the Owner and Contractors as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 Not more frequently than monthly, the Architect shall review and certify an application for payment. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. .2 Where there is more than one Contractor responsible for performing different portions of the Project, the Architect shall review the Project Application and Project Certificate for Payment, with the Summary of Contractors’ Applications for Payment, that the Construction Manager has previously prepared, reviewed, and certified. The Architect shall certify the total amount due all Contractors collectively and shall issue a Project Certificate for Payment in the total of such amounts. § 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractors are entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate each Contractor’s right to payment, or (4) ascertained how or for what purpose that Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.4 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager’s Project submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals transmitted by the Construction Manager shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractors’ submittals such as Shop Drawings, Product Data and Samples, that the Construction Manager has reviewed, recommended for approval, and transmitted to the Architect. The Architect’s review of the submittals shall only be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractors’ responsibilities. The Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 482790 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 14 § 3.6.4.3 If the Contract Documents specifically require the Contractors to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractors’ design professionals, provided the submittals bear such professionals’ seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 After receipt of the Construction Manager’s recommendations, and subject to the provisions of Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect, in consultation with the Construction Manager, shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect shall review and sign, or take other appropriate action, on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner’s approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be effected by written order issued by the Architect through the Construction Manager. § 3.6.5.3 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect, assisted by the Construction Manager, shall: .1 conduct inspections to determine the date of Substantial Completion and the date of final completion; .2 issue a Certificate of Substantial Completion prepared by the Construction Manager; .3 review written warranties and related documents required by the Contract Documents and received from the Contractors, through the Construction Manager; and .4 after receipt of a final Contractor’s Application and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager, issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect’s knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect’s inspections shall be conducted with the Owner and Construction Manager to (1) check conformance of the Work with the requirements of the Contract Documents and (2) verify the accuracy and completeness of the lists submitted by the Construction Manager and Contractors of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid each of the Contractors, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractors, through the Construction Manager: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 483791 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 15 making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractors under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner and Construction Manager to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services – Architect is providing services described in CCY proposal, exhibit A. Services not described in proposal may be provided as an additional service. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) § 4.2 Architect’s Additional Services The Architect may provide Additional Services after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in the Project including size, quality, complexity, building systems, the Owner’s schedule or budget for Cost of the Work, constructability considerations, procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; .3 Services necessitated by enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner, Construction Manager or the Owner’s other consultants or contractors; .6 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for, and attendance at, a public presentation, meeting or hearing with the exception of those described in CCY’s proposal, Exhibit A.; .9 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 484792 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 16 .10 Evaluation of the qualifications of entities providing bids or proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .12 Assistance to the Initial Decision Maker, if other than the Architect. .13 Requested revisions to the design and/or drawings to comply with the Owner’s budget that are material changes to work completed and approved in the previous phases of work. § 4.2.2 If construction phase services as described in Section 3.6 are added to basic service through written amendment of this agreement to avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner’s determination. The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice: .1 Reviewing a Contractor’s submittal out of sequence from the Project submittal schedule approved by the Architect; .2 Responding to the Contractors’ requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractors from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of Contractors’ proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or .5 Evaluating substitutions proposed by the Owner, Construction Manager or Contractors and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractors .2 twenty ( 20 ) visits to the site by the Architect during construction .3 two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 one ( 1 ) inspections for any portion of the Work to determine final completion TBD upon addition of construction phase services by written amendment. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work, or (2) the anticipated date of Substantial Completion identified in the Initial Information, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. (Paragraph deleted) § 4.2.5 If the services covered by this agreement have not been completed within eighteen (18) months of the date of this agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. Scope added through written amendment shall reset this time frame for the added scope to the date of the amendment. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services, duties and responsibilities as described in AIA Document C132–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Owner shall provide the Architect with a copy of the scope of services in the agreement executed between the DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 485793 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 17 Owner and the Construction Manager, and any subsequent modifications to the Construction Manager’s scope of services in the agreement. § 5.3 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect and the Construction Manager. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Contractors to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.6 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.7 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1. § 5.8 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. § 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.10 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.11 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 486794 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 18 § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.13 The Owner shall communicate with the Contractors and the Construction Manager’s consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner and Construction Manager shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. § 5.14 Before executing the Contracts for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contracts for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contractors to provide the Architect access to the Work wherever it is in preparation or progress. § 5.16 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. § 5.17 The Owner shall provide the Architect with "As-Built Drawings" and BIM models completed as part of previously completed work on the property under a separate contract(s) with a previous Architect(s). The Architect can rely on the accuracy of the information provided but will verify existing conditions as necessary within their Basic Services. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 487795 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 19 § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation provided the requested changes are not materially changing the scope of previously completed and approved work, shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. Revisions to the drawings that are material changes to the scope of previously completed and approved work shall be compensated as an additional service. The Architect’s revisions in the Construction Documents Phase shall be the limit of the Architect’s responsibility under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner’s budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractors, Construction Manager, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and Separate Contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 488796 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 20 § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232–2019, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, consultants, agents and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The extent of the Architect’s obligation to indemnify or hold harmless the Owner may be determined only after the Architect’s liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the Architect and the Owner or any indemnity obligee. The Architect’s obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless does not include a duty to defend. The Architect’s duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the Architect’s insurance coverage required by this Agreement. Architect’s duty to indemnify Owner is limited to the same extent Owner’s liability is limited under the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., § 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 489797 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 21 § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ]Arbitration pursuant to Section 8.3 of this Agreement [ X ]Litigation in a court of competent jurisdiction [ ]Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common issues of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 490798 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 22 § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or if the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner suspends work or terminates this Agreement for its convenience with less than 28 days written notice, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination/Suspension Fee: $25,000 .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: n/a § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 491799 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 23 § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, except for purposes of this Agreement, the term "Work" shall include the work of all Contractors under the administration of the Architect and Construction Manager. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, and including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: Part 1: Enhanced Schematic Design. Hourly billing, not to exceed $663,575.00 Part 2: Support for the Land Use Application and review process. Hourly billing, not to exceed $244,842.00 DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 492800 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 24 Part 3: Design Development. Hourly billing or lump sum per proposal details, not to exceed $635,610.00 Part 4: Approval Documents-recordation support. Hourly billing or lump sum per proposal details, not to exceed $81,542.00 Part 5: Construction Documents. Hourly billing or lump sum per proposal details, not to exceed $646,941.00 *Mark-up on reimbursable expenses and consultant expenses are estimated at $178,986.00 The above referenced fees are further described in attached Exhibit A, CCY Architects proposal dated December 18, 2023 and Exhibit B, CCY Architects Fee Schedule-FINAL The above referenced fees for Part 1 -Part 5 do not include a 7.5% mark up on the Architect’s consultants’ invoices and a 10% mark-up on estimated reimbursables as described in attached Exhibit B, CCY Architects Fee Schedule -FINAL. The Architects invoice amounts shall not be marked up. In the event that there is a conflict between fees outlined in Exhibit A and B, Exhibit B shall control. (Paragraphs deleted) If the services covered by this agreement have not been completed within 50% of the durations provided in the Architect’s proposal, Exhibit A, through no fault of the Architect’s, the estimated top sets described above shall be adjusted to reflect the Architect’s and their team’s annual adjustments to their hourly rate schedules provided in CCY Architects Fee Schedule, Exhibit B- FINAL. § 11.2 For the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Additional services may be added by written amendment § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) Additional services may be added by written amendment § 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus seven and one half percent ( 7.5 %), or as follows: (Insert amount of, or basis for computing, Architect’s consultants’ compensation for Supplemental or Additional Services.) § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Refer to Exhibit A, CCY Architects proposal dated December 18, 2023 and Exhibit B, CCY Architects Fee Schedule-FINAL DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 493801 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 25 The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Refer to Exhibit A, CCY Architects proposal dated December 18, 2023 and Exhibit B, CCY Architects Fee Schedule - FINAL Employee or Category Rate ($0.00) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Printing, reproductions, plots, and standard form documents; .4 Postage, handling, and delivery; .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect’s consultants; .8 All taxes levied on professional services and on reimbursable expenses; .9 Site office expenses; .10 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and .11 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus ten percent ( 10 %) of the expenses incurred. § 11.9 Architect’s Insurance If the types and limits of coverage required in Section 2.6 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.6, and for which the Owner shall reimburse the Architect.) DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 494802 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 26 § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of Fifty Thousand ($ 50,000 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of ($ ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect’s payments to the Certifying Authority shall be credited to the Owner’s account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) eighteen % 18% § 11.10.2.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to Contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) § 12.1 Tax-Exemption. All purchases of supplies, construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The Owner’s State of Colorado tax identification number is 98-04557. The Owner’s Federal Tax Identification Number is 84-6000563. § 12.2 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. Architect 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 Owner. No agent, employee, or servant of Architect shall be, or shall be deemed to be, the employee, agent or servant of the Owner. Owner is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Architect. None of the benefits provided by Owner to its employees including, but not limited to, workers’ compensation insurance and unemployment insurance, are available from Owner to the employees, agents or servants of Architect. Architect shall be solely and entirely responsible for its acts and for the acts of Architect’s agents, employees, servants and consultants during the performance of this contract. Architect shall indemnify Owner 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 Architect and/or Architect’s employees engaged in the performance of the services agreed to herein. § 12.3 Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: Owner: City Manager DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 495803 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 27 City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 With a copy to: James R. True, Esq. City Attorney 427 Rio Grande Place Aspen, Colorado 81611 § 12.4 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. Architect agrees to meet all of the requirements of Owner’s municipal code, Section 13-98, pertaining to non-discrimination in employment. § 12.5 Waiver. The waiver by the Owner 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 Owner. Forbearance or indulgence by the Owner in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Architect to which the same may apply and, until complete performance by Architect of said term, covenant or condition, the Owner shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. § 12.6 Execution of Agreement by Owner. 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 Owner unless duly executed in accordance with the requirements of the Owner’s municipal code by the Mayor of the City of Aspen, or a duly authorized official in his absence, following approval of City Council. § 12.7 Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. § 12.8 If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant’s violation of Subsection 8-17.5-102, C.R.S. §12.9 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. § 12.10 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. § 12.11 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. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 496804 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 28 ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B132™–2019, Standard Form Agreement Between Owner and Architect, Construction Manager as Adviser Edition .3 Exhibits: Exhibit A, CCY Architects proposal dated December 18, 2023 Exhibit B, CCY Architects Fee Schedule - FINAL (Paragraphs deleted) Exhibit C, City of Aspen Request for Proposals: Project 2023-404, Aspen Armory Hall Remodel and Reuse. This Agreement is entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) Sara Ott City Manager Todd Kennedy Principal (Printed name and title)(Printed name, title, and license number, if applicable) DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 3/5/2024 | 10:05:42 PM MST 497805 Additions and Deletions Report for AIA® Document B132™ – 2019 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:08:12 ET on 03/05/2024. Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 1 PAGE 1 AGREEMENT made as of the 5th day of March in the year 2024 … City of Aspen c/o Capital Asset Department 427 Rio Grande Place Aspen, CO 81611 … CCY Architects PO Box 529 Basalt, CO 81621 … Armory Hall Remodel and Reuse project, 130 S. Galena Street, Aspen, CO, as described in Exhibit C, City of Aspen Request for Proposals: Project 2023-404, Aspen Armory Hall Remodel and Reuse. … TBD PAGE 2 The City of Aspen (owner) will pursue a collaborative project with the Architect. CMa is anticipated to be added during Part 1 Services based on the attached exhibits. The program and associated fees are outlined in Exhibit A, CCY Architects proposal dated December 18, 2023; Exhibit B, CCY Architects Fee Schedule-FINAL; Exhibit C, City of Aspen Request for Proposals: Project 2023-404, Aspen Armory Hall Remodel and Reuse … The City of Aspen proposes to develop a mixed-use project within Armory Hall, a building that formerly housed city hall. The 131 year-old building, located at 130 S. Galena, is approximately 19,000 square feet in size and sits at the corner of South Galena Street and East Hopkins Avenue. The subject building site is a 9,000 sq. ft. lot described as Lots K, L and M, Block 93, City and Townsite of Aspen … $22,000,000.00 PAGE 3 DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 498806 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 2 Project schedule as anticipated in Exhibit A, CCY Architects proposal dated December 18, 2023, recognizing that the commence and conclude dates shall be recalculated to reflect a start date that will begin immediately after city council approval of this contract. … 2026 … TBD … n/a … Request for proposals … n/a … CMa is TBD until later in the process, assumption is during Phase 1: Enhanced Schematic Design PAGE 4 Jennifer Phelan, Development Manager, City of Aspen, 970-319-9949, jwphelan@aspen.gov … TBD … Sopris Engineering … TBD … .4 Civil Engineer: .5 Other consultants and Contractors: … DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 499807 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 3 n/a … Todd Kennedy, AIA Principal, CCY Architects tkennedy@ccyarchitects.com … KL&A Engineers & Builders … Dan Doherty, PE Principal and Senior Project Manager ddoherty@klaa.com PAGE 5 .2 Mechanical Engineer: Mechanical, Electrical, Plumbing (MEP) Engineer: Resource Engineering Group … August Hasz, PE President and Principal hasz@reginc.com … .3 Electrical Engineer:Technology Services: BG Buildingworks Jeremy Brandt jdbrandt@bgbuildingworks.com .4 Lighting Design: LS Group Elise Streeb, IALD, LEED AP Principal and Partner elise@ls.lighting .5 Historic Rehabilitation: The Collaborative Incorporated John Feinberg John@thecollaborativeinc.net DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 500808 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 4 .6 Community Engagement, Site Planning, Land Use Preparation, Landscape Architecture: Design Workshop Jessica Garrow Principal Planner and Community Engagement Specialist jgarrow@designworkshop.com .7 Development and Operational Consulting: Meriwether | Immersed Doug Winter VP of Operations dwinter@meriwetherco.com Garrett Simon Partner gsimon@meriwetherco.com .8 Restaurant Planning Consulting & Food Service Design: Ricca Design Studio Jeremy Kittelson Principal jkittleson@ricca.com .9 All Electric Food Service Operation and Facility Design Support: Frontier Energy Todd Bell Senior Project Manager tbell@frontierenergy.com .10 Sustainability and Energy Modeling Consulting: Group 14 Engineering Laura Charlier Sustainability Director lcharlier@group14eng.com .11 Civil Engineering: Roaring Fork Engineering Richard Goulding, PE Principal richard@rfeng.biz PAGE 7 § 2.6 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. The Architect’s liability shall be limited to the policy limits identified in §§ 2.6.1. – 2.6.6. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 501809 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 5 § 2.6.1 Commercial General Liability with policy limits of not less than ($ Two Million Dollars ($ 2,000,000.00 ) for each occurrence and ($ Three Million Dollars ($ 3,000,000.00 ) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than ($ One Million Dollars ($ 1,000,000.00 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. … § 2.6.5 Employers’ Liability with policy limits not less than ($ ) each accident, ($ ) each employee, and ($ of One Million Dollars ($ 1,000,000.00 ) each accident, One Million Dollars ($ 1,000,000.00 ) each employee, and One Million Dollars ($ 1,000,000.00 ) policy limit. § 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than ($ ) per claim and ($ One Million Dollars ($ 1,000,000.00 ) per claim and Two Million Dollars ($ 2,000,000.00 ) in the aggregate. PAGE 8 § 2.6.9 The Architect shall provide to the Owner acceptable certificates of insurance evidencing compliance with the requirements in this Section 2.6 prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. Owner shall receive written notice at least 30 days prior to nonrenewal or cancellation of policies required by this Section 2.6, or 10 days prior notice due to nonpayment of premium. An additional certificate evidencing continuation of professional liability coverage shall be submitted with the final Application for Payment. Information concerning reduction of coverage on account of claims paid under the policy shall be furnished by the Architect with reasonable promptness. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. § 2.6.10 Governmental Immunity: The parties hereto understand and agree that Owner 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 $1,093,000 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 Owner, its officers, or its employees. § 2.6.11 Owner’s Insurance: The parties hereto understand that the Owner is a member of the Colorado Intergovern- mental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business hours. Owner makes no representations whatsoever with respect to specific coverages offered by CIRSA. Owner shall provide reasonable notice of any changes in its membership or participation in CIRSA. Owner shall require the Construction Manager and General Contractor to include Architect as an Additional Insured on their general liability insurance for its liability arising out of the Construction Manager’s and/or General Contractor’s ongoing and completed operations related to the Project using blanket forms ISO CG 20 38 12 19 (ongoing operations) and ISO CG 20 40 12 19 (completed operations). § 2.6.12 Deductible: The Architect shall pay any amounts not covered under Architect’s policies because of a deductible on the insurance policies provided by the Architect. § 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. The initial contract includes services as described herein and in referenced exhibits: Exhibit A, CCY Architects proposal dated December 18, 2023; Exhibit B, CCY Architects Fee Schedule; Exhibit C, City of Aspen Request for Proposals project 2023-404: Aspen Armory Hall Remodel and Reuse. The initial contract includes: Part 1: Conceptual/Schematic Design Part 2: Support for the Land Use Application and review process Part 3: Design Development DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 502810 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 6 Part 4: Approval Documents-recordation support Part 5: Construction Documents Additional portions of work may be added as the project moves forward, by amendment: Part 6: Support for the Building Permit Application Process Part 7: Construction Administration Part 8: Project Closeout and Warranty Support PAGE 9 § 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.9 The Architect, if requested by the Owner, shall assist the Owner in interviewing and selecting the Construction Manager. § 3.2.1 The Architect shall review the program and other information furnished by the Owner and and/or Construction Manager, and shall review laws, codes, and regulations applicable to the Architect’s services. … § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and and/or Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner and Construction Manager regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, to the Owner and and/or Construction Manager, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components. PAGE 10 § 3.2.5.2 The Architect shall consider with the Owner and and/or the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and and/or the Construction Manager. The Architect shall meet with the Owner and/or Construction Manager to review the Schematic Design Documents. § 3.2.7 Upon receipt of the Owner and/or Construction Manager’s review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner’s approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate such revisions in the Design Development Phase. PAGE 11 § 3.4.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and the Construction Manager in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreements between the Owner and Contractors; and (3) the Conditions of the Contracts for Construction (General, Supplementary and other Conditions); and (4) a project manual that includes the Conditions of the Contracts for Construction and Specifications, and may include bidding requirements and sample forms.Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 503811 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 7 § 3.4.4 Prior to Upon receipt of the Construction Manager’s information and an estimate at the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review take action as required under Section 6.7 and request the Owner’s approval of the Construction Documents. § 3.4.5 Upon receipt of the Construction Manager’s information and an estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7, and request the Owner’s approval of the Construction Documents. § 3.5 Procurement Phase Services – Not included in Basic Services, may be added by amendment to contract in the future. PAGE 12 § 3.6 Construction Phase Services - Not included in Basic Services, may be added by amendment to contract in the future. PAGE 15 § 4.1 Supplemental Services – Architect is providing services described in CCY proposal, exhibit A. Services not described in proposal may be provided as an additional service. § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect’s Supplemental Services and the Owner’s Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Architect, Owner or Not Provided) § 4.1.1.1 Assistance with selection of Construction Manager § 4.1.1.2 Programming § 4.1.1.3 Multiple preliminary designs § 4.1.1.4 Measured drawings § 4.1.1.5 Existing facilities surveys § 4.1.1.6 Site evaluation and planning § 4.1.1.7 Building Information Model management responsibilities § 4.1.1.8 Development of Building Information Models for post construction use § 4.1.1.9 Civil engineering § 4.1.1.10 Landscape design § 4.1.1.11 Architectural interior design § 4.1.1.12 Value analysis § 4.1.1.13 Cost estimating § 4.1.1.14 On-site project representation DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 504812 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 8 § 4.1.1.15 Conformed documents for construction § 4.1.1.16 As-designed record drawings § 4.1.1.17 As-constructed record drawings § 4.1.1.18 Post-occupancy evaluation § 4.1.1.19 Facility support services § 4.1.1.20 Tenant-related services § 4.1.1.21 Architect’s coordination of the Owner’s consultants § 4.1.1.22 Telecommunications/data design § 4.1.1.23 Security evaluation and planning § 4.1.1.24 Commissioning § 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 § 4.1.1.26 Historic preservation § 4.1.1.27 Furniture, furnishings, and equipment design § 4.1.1.28 Other services provided by specialty Consultants § 4.1.1.29 Other Supplemental Services § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect’s responsibility is provided below. (Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be included as an exhibit to describe the Architect’s Supplemental Services.) § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. … .8 Preparation for, and attendance at, a public presentation, meeting or hearing;hearing with the exception of those described in CCY’s proposal, Exhibit A.; PAGE 16 .12 Assistance to the Initial Decision Maker, if other than the Architect. .13 Requested revisions to the design and/or drawings to comply with the Owner’s budget that are material changes to work completed and approved in the previous phases of work. § 4.2.2 To If construction phase services as described in Section 3.6 are added to basic service through written amendment of this agreement to avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 505813 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 9 to the need. If, upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner’s determination. The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice: … .1 two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractors .2 twenty ( 20 ) visits to the site by the Architect during construction .3 two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 one ( 1 ) inspections for any portion of the Work to determine final completion TBD upon addition of construction phase services by written amendment. … § 4.2.5 If the services covered by this Agreement have not been completed within ( ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. § 4.2.5 If the services covered by this agreement have not been completed within eighteen (18) months of the date of this agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. Scope added through written amendment shall reset this time frame for the added scope to the date of the amendment. PAGE 18 § 5.17 The Owner shall provide the Architect with "As-Built Drawings" and BIM models completed as part of previously completed work on the property under a separate contract(s) with a previous Architect(s). The Architect can rely on the accuracy of the information provided but will verify existing conditions as necessary within their Basic Services. PAGE 19 § 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation, compensation provided the requested changes are not materially changing the scope of previously completed and approved work, shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. Revisions to the drawings that are material changes to the scope of previously completed and approved work shall be compensated as an additional service. The Architect’s revisions in the Construction Documents Phase shall be the limit of the Architect’s responsibility under this Article 6. PAGE 20 § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The extent of the Architect’s obligation to indemnify or hold harmless the Owner may be determined only after the Architect’s liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the Architect and the Owner or any indemnity obligee. The Architect’s obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless does not include a duty to defend. The Architect’s duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the Architect’s insurance coverage required by this Agreement. Architect’s duty to indemnify Owner is limited to the same extent Owner’s liability is limited under the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., PAGE 21 DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 506814 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 10 [ X ]Litigation in a court of competent jurisdiction PAGE 22 § 9.7 In addition to any amounts paid under Section 9.6, if the Owner suspends work or terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, with less than 28 days written notice, the Owner shall pay to the Architect the following fees: … .1 Termination Termination/Suspension Fee: $25,000 … n/a PAGE 23 .1 Stipulated SumPart 1: Enhanced Schematic Design. Hourly billing, not to exceed $663,575.00 Part 2: Support for the Land Use Application and review process. Hourly billing, not to exceed $244,842.00 (Insert amount)Part 3: Design Development. Hourly billing or lump sum per proposal details, not to exceed $635,610.00 Part 4: Approval Documents-recordation support. Hourly billing or lump sum per proposal details, not to exceed $81,542.00 Part 5: Construction Documents. Hourly billing or lump sum per proposal details, not to exceed $646,941.00 *Mark-up on reimbursable expenses and consultant expenses are estimated at $178,986.00 .2 Percentage Basis (Insert percentage value)The above referenced fees are further described in attached Exhibit A, CCY Architects proposal dated December 18, 2023 and Exhibit B, CCY Architects Fee Schedule-FINAL ( ) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 11.6.The above referenced fees for Part 1 -Part 5 do not include a 7.5% mark up on the Architect’s consultants’ invoices and a 10% mark-up on estimated reimbursables as described in attached Exhibit B, CCY Architects Fee Schedule -FINAL. The Architects invoice amounts shall not be marked up. In the event that there is a conflict between fees outlined in Exhibit A and B, Exhibit B shall control. .3 Other (Describe the method of compensation) If the services covered by this agreement have not been completed within 50% of the durations provided in the Architect’s proposal, Exhibit A, through no fault of the Architect’s, the estimated top sets described above shall be adjusted to reflect the Architect’s and their team’s annual adjustments to their hourly rate schedules provided in CCY Architects Fee Schedule, Exhibit B- FINAL. PAGE 24 Additional services may be added by written amendment … Additional services may be added by written amendment § 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus seven and one half percent ( 7.5 %), or as follows: … DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 507815 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 11 Refer to Exhibit A, CCY Architects proposal dated December 18, 2023 and Exhibit B, CCY Architects Fee Schedule-FINAL Schematic Design Phase percent (%) Design Development Phase percent (%) Construction Documents Phase percent (%) Procurement Phase percent (%) Construction Phase percent (%) Total Basic Compensation one hundred percent (100 %) PAGE 25 Refer to Exhibit A, CCY Architects proposal dated December 18, 2023 and Exhibit B, CCY Architects Fee Schedule - FINAL … .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 .4 Postage, handling, and delivery; .6 .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect’s consultants; .9 .8 All taxes levied on professional services and on reimbursable expenses; .10 .9 Site office expenses; .11 .10 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and .12 .11 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus ten percent ( 10 %) of the expenses incurred. PAGE 26 § 11.10.1.1 An initial payment of Fifty Thousand ($ 50,000 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. … § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. … eighteen % 18% … DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 508816 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 12 § 12.1 Tax-Exemption. All purchases of supplies, construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The Owner’s State of Colorado tax identification number is 98-04557. The Owner’s Federal Tax Identification Number is 84-6000563. § 12.2 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. Architect 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 Owner. No agent, employee, or servant of Architect shall be, or shall be deemed to be, the employee, agent or servant of the Owner. Owner is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Architect. None of the benefits provided by Owner to its employees including, but not limited to, workers’ compensation insurance and unemployment insurance, are available from Owner to the employees, agents or servants of Architect. Architect shall be solely and entirely responsible for its acts and for the acts of Architect’s agents, employees, servants and consultants during the performance of this contract. Architect shall indemnify Owner 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 Architect and/or Architect’s employees engaged in the performance of the services agreed to herein. § 12.3 Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: Owner: City Manager City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 With a copy to: James R. True, Esq. City Attorney 427 Rio Grande Place Aspen, Colorado 81611 § 12.4 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. Architect agrees to meet all of the requirements of Owner’s municipal code, Section 13-98, pertaining to non-discrimination in employment. § 12.5 Waiver. The waiver by the Owner 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 Owner. Forbearance or indulgence by the Owner in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Architect to which the same may apply and, until complete performance by Architect of said term, covenant or condition, the Owner shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. § 12.6 Execution of Agreement by Owner. 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 Owner unless duly executed in accordance with the requirements of the Owner’s municipal code by the Mayor of the City of Aspen, or a duly authorized official in his absence, following approval of City Council. § 12.7 Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 509817 Additions and Deletions Report for AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 13 § 12.8 If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant’s violation of Subsection 8-17.5-102, C.R.S. §12.9 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. § 12.10 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. § 12.11 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. PAGE 28 .2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below, if completed, or the following: (Insert the date of the E203-2013 incorporated into this Agreement.) … (Check the appropriate box for any exhibits incorporated into this Agreement.) Exhibit A, CCY Architects proposal dated December 18, 2023 [ ] AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Exhibit B, CCY Architects Fee Schedule - FINAL Adviser Edition, dated as indicated below: (Insert the date of the E235-2019 incorporated into this Agreement.) [ ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2.) .4 Other documents: (List other documents, if any, forming part of the Agreement.) Exhibit C, City of Aspen Request for Proposals: Project 2023-404, Aspen Armory Hall Remodel and Reuse. … Sara Ott City Manager Todd Kennedy Principal DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 510818 AIA Document D401 – 2003. Copyright © 1992 and 2003. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 12:08:12 ET on 03/05/2024 under Order No.4104244733 which expires on 08/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1949855081) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, Sara G. Ott, City Manager, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 12:08:12 ET on 03/05/2024 under Order No. 4104244733 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B132™ – 2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) DocuSign Envelope ID: 7636AF1E-94BF-431C-BD09-24D382DAEADF 511819 Agreement Professional Services Page 0 Updated 1/02/2024 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2024-026 AGREEMENT made this 12th day of February, in the year 2024. 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: Green Clean LLC c/o Jim Sinsel 128 Navajo Carbondale, CO 81623 970-379-1261 Laurence.jim@gmail.com For the Following Project: Cleaning Services for City of Aspen Offices 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 $100,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: March 12, 2024 Resolution No.: 2024-034 Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Total: $362,160 year 1 $1,810,800 for full 5 year term DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 347820 Agreement Professional Services Page 1 Updated 1/02/2024 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 2/28/2029. 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. 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 DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 348821 Agreement Professional Services Page 2 Updated 1/02/2024 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 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 DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 349822 Agreement Professional Services Page 3 Updated 1/02/2024 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 TWO MILLION DOLLARS ($2,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 350823 Agreement Professional Services Page 4 Updated 1/02/2024 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. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 351824 Agreement Professional Services Page 5 Updated 1/02/2024 employment-related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identit y, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c) Incorporate the foregoing provisions in all subcontracts hereunder. 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 City Manager of the City of Aspen (or a duly authorized official in the City Manager’s absence) and if above $100,000, following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’s absence) to execute the same. 16. 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 advisor y 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. DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 352825 Agreement Professional Services Page 6 Updated 1/02/2024 (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. 17. 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. 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, 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. 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 grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 353826 Agreement Professional Services Page 7 Updated 1/02/2024 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 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. 26. . Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [ ] No additional provisions are adopted. [X] See Exhibit A and B below. 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 DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 354827 Agreement Professional Services Page 8 Updated 1/02/2024 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: ____________________________ Title: _________________________ Title: ___________________________ Date: _________________________ Date: ___________________________ Approved as to form: _______________________________ City Attorney’s Office JPW-2/22/2024-M:\city\cityatty\arch\ag1-981.doc DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 2/22/2024 | 3:48:34 PM MST Jim Sinsel OWNER 355828 Agreement Professional Services Page 9 Updated 1/02/2024 EXHIBIT A: SCOPE OF WORK Current Cleaning Locations: All locations below are in Aspen, Colorado, 81611. Please note these locations and the services provided are subject to change or additions as necessary. o Brush Creek Parking Lot - Parking Permit Trailer o 1080 Power Plant Rd. - Streets Department o 630 West Main St. - Transportation & Special Events o 427 Rio Grande - Parking Garage Restrooms & Elevator o 590 N. Mill St. – Capital Asset & ACRA o 130 S. Galena St. - 130 S. Galena St. - IT & Utility Billing o 540 E. Main St - Aspen Police Department o 455 Rio Grande Pl. - Parking & Human Resources o 427 Rio Grande - Aspen City Hall General Requirements: • Provide labor, materials, equipment and supplies for cleaning various City buildings. • Carry appropriate insurance policies that satisfy the City’s requirements. • Have a current license to do business in Aspen. • One-year agreement with two (2) two-year options to renew. • Flexibility to changes in service or additional service requests. Security Requirements: • If selected, must provide a contact sheet on onsite employees that includes full name, social security number, address, and phone number. • If selected, must agree in writing that no individuals outside of those listed on the contact sheet will enter facilities with security clearance requirements. • If selected, must agree in writing not to share the gate and door security codes for any City buildings and facilities with anyone not on the contact sheet. • If selected, must have all personnel on the contact sheet take and pass the Level 2 CJIS Security training offered online within 60 days of contract award and provide a copy of the diploma and certification document to the City. • If selected, agree in writing the contact personnel will retake the Level 2 CJIS Security training every two years from date of certification and provide a copy of the certification to the City. Scope of Work: Services and frequency will vary per location. See Exhibit B for specific requirement for each location. The services will include but are not limited to: • Vacuuming, • Mopping floors, • Light dusting, • Wiping down hand rails, • Bathrooms DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 356829 Agreement Professional Services Page 10 Updated 1/02/2024 o Mop floor, o Clean toilets and urinals, o Change disinfectant tablets as needed o Wipe down walls around toilet, o Wipe down stall door and handle o Wash sink and mirror, o Wipe all down door knobs and handles o Flush and apply treatment for drains o Restock paper products and soap • Wipe down all high touch surfaces • Dust chairs, ledges, tables, picture frames on walls • Remove dead bugs and cobwebs • Clean lights, stairwells and landings • remove trash and recycling to the appropriate containers. • Kitchen cleaning o Restock paper products in kitchen o Clean countertops, sink, backsplash, outside of refrigerator and microwave • Spot carpet cleaning and stain removal as needed • Window cleaning as needed on inside • Spring and Fall deep cleaning • Clean drinking fountains if present • Clean entry glass doors and wipe down handles • Elevators o Vacuum elevator cabin o Wipe down rail and buttons inside elevator cabin • Clean vents, lights, and blinds • Clean showers if present • Clean under stairwells DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 357830 Agreement Professional Services Page 11 Updated 1/02/2024 EXHIBIT B: FEE SCHEDULE Contract is for 5 years total (ending on 2/29/2029) with an increase based on annual CPI each year. DocuSign Envelope ID: 29F62F91-741B-453C-82B2-CE7A0457F949 358831 Agreement for Procurement and Professional Services Page 0 Updated 1/2024 CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT AND PROFESSIONAL SERVICES City of Aspen Project No.: 2024-064 AGREEMENT made as of 12th day of March, in the year 2024. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5055 And the Professional: SEL Engineering Services, Inc. c/o Contracts and Risk 2350 NE Hopkins Court Pullman, WA 99163 Phone: 509-332-1890 Email: selcontracts@selinc.com 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 $100,000.00 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: List of supplies, equipment, or materials to be purchased & Scope of Work. Procurement: $ 37,852.87 Professional Services: $ 55,169.25 Total: $ 93,022.12 DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 282832 Agreement for Procurement and Professional Services Page 1 Updated 1/2024 The City and Professional, herein referred to individually as “Party” and collectively as “Parties”, agree as set forth below. SUPPLY PROCUREMENT 1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or materials as described in Exhibit A, appended hereto and by this reference incorporated herein, for the sum of set forth above. Delivery. (FOB - 219 Puppy Smith St, Aspen, Colorado) 2. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid or Request for Proposals and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 3. Warranties. Professional warrants to the City that goods manufactured by Professional’s parent company Schweitzer Engineering Laboratories, Inc. (“SEL”) and provided hereunder (hereinafter referred to as “Products”) are free from defects in material and workmanship for ten (10) years after shipment for all SEL Products, including SEL-manufactured control enclosure structures and panels. The sole and exclusive warranties for any software are set forth in the SEL Software License Agreement. This warranty is conditioned upon proper storage and shall be void in its entirety if the City modifies Products without prior written consent to and subsequent approval of any such modifications by Professional or uses Products for any applications that require product listing or qualification not specifically included in the Professional’s written quotation or proposal. If any Product fails to conform to this warranty, City properly notifies Professional of such failure and City returns the Product to SEL factory for diagnosis (and pays all expenses for such return), Professional shall correct any such failure by, at its sole discretion, either repairing any defective or damaged Product part(s) or making available any necessary replacement part(s) or Product(s). Professional will pay the freight to return the Product to the City (Carriage Paid to (CPT) customer’s place of business). If Professional is unable or unwilling to repair or replace, Professional and City shall negotiate an equitable resolution such as a prorated refund or credit to the City’s account. Any Product repair or upgrade shall be covered by this warranty for the longer of one (1) year from date of repair or the remainder of the original warranty period. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY SHALL BE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE), EXCEPT WARRANTY OF TITLE AND AGAINST PATENT INFRINGEMENT. Professional shall, whenever possible, pass the original manufacturer warranty to City for non-SEL products. Professional does not warrant non-SEL products, including non-SEL control enclosure structures, and non-SEL products within SEL panels, control enclosure structures and systems, and products or prototypes provided by SEL for testing, marketing, or loan purposes. Professional shall perform Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Professional shall reperform (or, at Professional’s option, pay a third party to reperform) any defective Services (including Services performed in conjunction with SEL systems) at no cost upon receipt of notice detailing the defect(s) within one (1) year of performance of the original Services. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 283833 Agreement for Procurement and Professional Services Page 2 Updated 1/2024 4. 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, except for the manufacture of Products provided hereunder by SEL. PROFESSIONAL SERVICES 6. 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. 7. Completion. Professional shall commence Work upon a) execution of this Agreement; b) in accordance with the schedule agreed upon between the Parties; and c) a written Notice to Proceed from the City. Professional shall 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, 2024, with the installation and operation of all the equipment no later than September 30, 2024. Final completion of the project as a whole will be finished on September 30, 2024 (“Final Completion Date”). 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. 8. 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 for this initial scope of work by Professional shall not exceed those hourly rates set forth at Exhibit A appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. City shall pay Professional net thirty (30) days from the date of Professional’s correct invoice. 9. Non-Assignability. Except as stated in Section 5 herein, 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. 10. RESERVED DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 284834 Agreement for Procurement and Professional Services Page 3 Updated 1/2024 11. Termination for Convenience and Default. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving ten (10) days prior 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 Work Product and/or Products paid for in full and completed by the Professional pursuant to this Agreement shall be delivered to the City, if not already delivered. The City may cancel the work or Products partially completed at the time of termination. The City will be charged a re-stocking fee for Product which is partially complete but the City does not wish to purchase. Notwithstanding the above, Professional shall not be relieved of any liability as indicated in Section 13. Indemnification of this Agreement, 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. 12. 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 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 Agreement. 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. 13. Indemnification. Professional agrees to defend all claims brought against City or its officers, agents, or employees (collectively “Indemnitees”) by a third party (“Third-Party Claims”) and indemnify and hold Indemnitees harmless for losses, costs, expenses, fees, or damage (including reasonable attorney’s fees) (collectively “Damages) resulting from Third-Party Claims to the extent that such Third-Party Claims and Damages arise out of the following:(a) bodily injury, personal injury or death of a person, where such injury or death is (i) cause by Professional; (ii) attributable to Professional’s performance under this Agreement; or (iii) arises from or is connected to a defect in any Product provided by Professional pursuant to this Agreement; (c) damage to property caused by Professional; (d) a violation by Professional of any applicable laws, rules, regulations, or safety requirements in connection with Professional’s obligations under this Agreement; or (e) infringement by Professional of any United States patent, copyright, trade secret, or other intellectual property right of another. Professional shall not be liable or required to indemnify or hold the Indemnified Parties harmless for Damages that are caused by or attributable to the acts or omissions of an Indemnitee or a third party. 14. Infringement Claims. If a Product or Service becomes, or in Professional’s reasonable opinion is likely to become, the subject of a Third-Party Claim of infringement or misappropriation of an intellectual property right, then Professional shall, at its sole expense and discretion: (a) exchange the Product or Service with a non-infringing Product or Service; (b) promptly procure for DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 285835 Agreement for Procurement and Professional Services Page 4 Updated 1/2024 Indemnitee the right to continue to use the Product or Service; (c) modify the Product or Service to make it non-infringing, provided that the modified Product or Service meets the specifications and all other applicable requirements under this Agreement; or (d) repurchase the Product or Service from Indemnitee for a fair portion of the original price. Professional shall not be liable for Damages that arise after Professional offers one or more of the foregoing remedies in good faith. 15. Assumption of Defense. Regarding Professional’s defense obligation: (a) Professional shall assume the defense of a Third-Party Claim through counsel chosen by Professional; and (b) City shall: (i) give prompt written notice of the Third-Party Claim to Professional; (ii) provide reasonable assistance to Professional in the defense of the Third-Party Claim; (iii) mitigate damages related to the Third-Party Claim; and (iv) give Professional full control of all aspects of defense of the Third-Party Claim, including settlement, except as otherwise provided herein. Professional shall obtain written consent from the Indemnitee before settling the Third-Party Claim if the proposed settlement requires action by the Indemnitee or contains an admission of liability or wrongdoing by the Indemnitee. The Indemnitee may, at its sole option and expense, participate in the defense of such third-party claim with counsel chosen by the Indemnitee. 16. Additionally, if the Third-Party Claim against an Indemnitee is not covered by Professional’s insurance policy maintained pursuant to this Agreement, then Professional shall: (a) bear all costs of defense; provided, however, if the Indemnitee is determined to be liable for the Third-Party Claim, then: (i) City shall reimburse Professional for the costs of defense in proportion to the Indemnitee’s liability, as determined by the trier of fact or agreed to in a written settlement between Professional and the Indemnitee; and (ii) Professional’s duty to defend shall cease to the extent that the Indemnitee is found to have been liable; and (b) pay Damages in proportion to Professional’s liability, as determined by the trier of fact or agreed to in a written settlement between Professional and the Indemnitee. 17. Exclusive Remedy. The indemnity provided by Professional herein shall be City’s exclusive remedy for Third-Party Claims and resulting Damages. 18. 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. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 286836 Agreement for Procurement and Professional Services Page 5 Updated 1/2024 (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, 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 ($1,000,000) aggregate. (c) The Commercial General and Automobile policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Commercial General and Automobile policies 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 by 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. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 287837 Agreement for Procurement and Professional Services Page 6 Updated 1/2024 (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) In such case of a claim, the City reserves the right to request and receive a certified copy of any policy and any endorsement applicable to the claim. (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 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. 19. 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. 20. 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. 21. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested or by email to the respective persons and/or addresses listed above. 22. 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. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 288838 Agreement for Procurement and Professional Services Page 7 Updated 1/2024 (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. The foregoing provisions shall be incorporated in all subcontracts hereunder. 23. 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. 24. 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 City Manager of the City of Aspen (or a duly authorized official in the City Manager’s absence) and if above $100,000, following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’s absence) to execute the same. 25. 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; DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 289839 Agreement for Procurement and Professional Services Page 8 Updated 1/2024 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. 26. 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. 27. 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. 28. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [X] No additional provisions are adopted. [ ] See attached Exhibit ___. 29. 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. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 290840 Agreement for Procurement and Professional Services Page 9 Updated 1/2024 30. Intellectual Property. Professional retains all its intellectual property rights. All documents, designs, drawings, plans, specifications, and other work product (collectively “Work Product”) prepared by Professional in performing the project shall not be deemed “works made for hire” for City. To the extent that any such Work Product prepared by Professional while performing the project is integrated into the project, Professional hereby grants City a perpetual, worldwide, non-exclusive, non-transferable, personal, revocable, limited license to use, copy and modify such Work Product for internal business purposes only. Professional’s Work Product and/or designs for other projects shall not be used for any purpose except the applicable project without first obtaining Professional’s written consent. 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, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approved as to form: _______________________________ City Attorney’s Office DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 Vice President of Finance 3/6/2024 Jeremy Nickels 291841 Agreement for Procurement and Professional Services Page 10 Updated 1/2024 EXHIBIT A List of supplies, equipment, or materials to be purchased With attached specification sheets, cut sheets, information, etc. & Scope of Work DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 292842 SEL Engineering Services, Inc. This document, and all information contained herein, is proprietary to SEL Engineering Services, Inc. (SEL ES). Any unauthorized use, distribution, or reproduction of this document (in whole or in part) or of any information contained herein is specifically prohibited. This legend must appear on any authorized reproduction (in whole or in part). All brand or product names appearing in this document are the trademark or registered trademark of their respective holders. No SEL trademarks may be used without written permission. SEL products appearing in this document may be covered by U.S. and Foreign patents. SEL products referred to in the proposal are manufactured by Schweitzer Engineering Laboratories, Inc. Proposal for City of Aspen SCADA and HMI Programming SEL ES Project #: 022248.001.00 (Rev. 1) Submitted: 21 February 2024 Purchase Orders to be made out to SEL Engineering Services, Inc. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 293843 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page ii City of Aspen Contact Information Andy Rossello Project Engineer III City of Aspen 427 Rio Grande Place Aspen, CO 81611 Office: 970.429.1999 Cell: 970.456.3025 Email: andy.rossello@aspen.gov SEL ES Contact Information Rajesh Arumugam Senior Engineering Manager I SEL Engineering Services, Inc. 340 Office Court, Suite D Fairview Heights, IL 62208 Office: 509.334.8129 Cell: 618.606.0209 Email: rajesh_arumugam@selinc.com Sales Representative Contact Information Sean Ryan Sales Representative (Colorado) K D Johnson, Inc. Cell: 970.462.8914 Email: Sean_Ryan@kdjinc.com Document Revision Table Rev. Issue Date Notes 0 02/07/2024 Initial Issue 1 02/21/2024 Removed Field Services scope, removed DC Schematics from drafting services scope, updated training pricing, updated clarifications. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 294844 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 1 Contents 1 Scope of Services ....................................................................................................................................... 2 1.1 Deliverables to Customer .................................................................................................................... 4 1.1.1 Equipment .................................................................................................................................... 4 1.1.2 Documentation ............................................................................................................................. 5 1.2 Deliverables to SEL ES ...................................................................................................................... 5 1.3 Change in Scope ................................................................................................................................. 5 2 Payment and Work Schedule ..................................................................................................................... 6 2.1 Purchase Order Instructions ................................................................................................................ 6 2.2 Payment Milestones ............................................................................................................................ 6 2.3 Payment and Credit Terms .................................................................................................................. 7 2.4 Schedule .............................................................................................................................................. 7 2.5 Work Suspension ................................................................................................................................ 7 2.5.1 Demobilization and Remobilization ............................................................................................ 7 2.5.2 Suspension of Work ..................................................................................................................... 8 3 Clarifications and Exceptions .................................................................................................................... 9 3.1 Clarifications ....................................................................................................................................... 9 3.2 Per Diem ........................................................................................................................................... 10 3.3 Onsite Commissioning Services ....................................................................................................... 11 3.4 Compliance ....................................................................................................................................... 13 3.5 Cybersecurity – Project Passwords ................................................................................................... 13 4 SEL ES Safety Program ........................................................................................................................... 14 4.1 Safety ................................................................................................................................................ 14 4.1.1 SEL Human Performance .......................................................................................................... 14 4.1.2 Qualified Electrical Worker Training ........................................................................................ 14 4.1.3 SEL Field Safety Manual Training ............................................................................................ 15 4.1.4 Commissioning Qualification .................................................................................................... 15 4.1.5 Event Reporting and Investigation ............................................................................................. 15 5 Project Quality Plan ................................................................................................................................. 16 6 SEL ES Terms and Conditions ................................................................................................................ 17 DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 295845 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 2 1 Scope of Services SEL Engineering Services, Inc. (SEL ES) is providing this document in response to a request for proposal, dated 30 January 2024, by Andy Rossello. Project Description Price (USD) Equipment Communications Panel SEL ES will provide one (1) freestanding communications panel equipped with the equipment listed in Section 1.1.1 Equipment. This pricing includes freight to the customer site. $37,852.87 Equipment Total $37,852.87 Services Functional Design Specification (FDS) SEL ES will provide engineering services to develop a FDS that includes a list of IP addresses, preliminary HMI screens, SCADA points list, and a Bill of Materials (BOM). Ethernet Switch Settings SEL ES will develop settings for one (1) SEL-2731 24-Port Ethernet Switch. Time Synchronization SEL ES shall provide configurations for one (1) SEL-2488 Satellite-Synchronized Network Clock in the communication panel to distribute time via network time protocol (NTP) over Ethernet to the 2731 Ethernet switch. The RTAC will be time-synchronized using an IRIG-B signal. Update Relay Settings SEL ES will update the settings files for the five (5) SEL-751 Feeder Protection relays with the updated communication settings. RTAC Configuration SEL ES will provide configurations for one (1) SEL-3555 Real-Time Automation Controller (RTAC) to collect data from and send controls to five (5) SEL-751 Feeder Protection relays. The RTAC will also be configured to send emails to specified addresses with relevant alarm information. RTAC HMI Programming SEL ES will use RTAC web-based HMI software to monitor the data and controls. The data displayed on the HMI are based on the I/O points list and are limited to data available from the Relays. The following screens will be developed as part of the HMI system: One (1) Overall Switchgear One-Line Screen. Five (5) Relay Detail Screens for Monitoring and Breaker Control. $23,643.00 DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 296846 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 3 Project Description Price (USD) Services (CONT’D) Design and Drafting Services SEL ES will develop the following design drawings for the SCADA Panel: Panel Layout and Bill of Materials. Wiring Diagrams. $5,569.00 Commissioning Support Services SEL ES will provide the services of one (1) Engineer for two (2) weekdays over one (1) Mobilization to perform Commissioning and Testing of the implemented communications panel. The following services will be provided and/or completed: Upload RTAC Configuration File. Verify Tags in the RTAC. Verify Communications to IEDs. Test HMI Displays for Tags, Controls, and Alarms. Verify Events/SER Collection in the RTAC. $15,386.00 Services Total $44,598.00 Total Price (Services & Equipment) $82,450.87 Option Description Price (USD) Operations Training and Documentation SEL ES will provide one (1) day of training by one (1) Automation Engineer in the Customer’s training room. This will be hands-on training covering the following topics: Identifying the SCADA equipment. Key SCADA component's functional introduction. Normal use of the SCADA. The user levels, password, and dos and don’ts for the SCADA. Communications system overview and data flow introduction. HMI management including alerts, events, historian, and reports. Troubleshooting key SCADA components. Note: This does not include protection relays and protection relay settings training. $10,571.25 Total Option Price $10,571.25 Total Price with Optional Items $93,022.12 All quoted prices are exclusive of any sales, value-added, or similar taxes, which will be added, if applicable, at the statutory rate(s) at the time of invoicing. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 297847 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 4 1.1 Deliverables to Customer 1.1.1 Equipment SEL ES will provide the following equipment to City of Aspen (“Customer”): QTY Manufacturer Part/Model Number Description 1 SEL 631-0013 SIMPLEX CABINET, 900x900x2300, ANSI 61 TEXTURED, NEMA 12 1 SEL 2488#07RN SEL-2488 SATELLITE-SYNCHRONIZED NETWORK CLOCK 1 SEL 3555#JGFH SEL-3555 RTAC 1 SEL 91610054 TOUCHSCREEN MONITOR KIT (19 IN ELO MONITOR) 1 SEL 91610050 RACK-MOUNT USB KEYBOARD/DRAWER FOR USB (MOUSE) 1 SEL 2731#86CK SEL-2731 ETHERNET SWITCH 1 SEL C953#0103 SEL-C953 RG58A/U COAXIAL CABLE WITH BNC MALE CONNECTORS, 30 FEET 1 SEL C953#MH74 SEL-C953 COAXIAL CABLE FOR IRIG-B DISTRIBUTION 3 SEL CA605#0102 SEL-CA605 SHIELDED ETHERNET CABLE WITH RJ45 CONNECTORS, 6 FEET 1 SEL C809#HYXJ SEL-C809 9 µM SINGLE-MODE FIBER-OPTIC CABLES 1 SEL 8130-01 1000BASE-LX SFP TRANSCEIVER (1310 NM, SINGLE-MODE, 10 KM) 4 EATON 278796 MINIATURE CIRCUIT BREAKER (MCB), 10A, 2P, K-CHAR 60 PHOENIX CONTACT 3044131 TERMINAL BLOCK UT6 12 PHOENIX CONTACT 3047028 TERMINAL BLOCK END COVER 8 PHOENIX CONTACT 0800886 TERMINAL BLOCK END CLAMP 1 CDW 1461507 DISPLAYPORT CABLE 1 APC SMT1500RM2UC APC SMART-UPS 1500VA LCD RM 2U 120V 1 TBD TBD LIGHTING KIT 1 TBD TBD FIBER ATTENUATOR DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 298848 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 5 1.1.2 Documentation SEL ES will provide the following documentation to the Customer: RTAC Settings File in (.exp) software format. Functional Design Specification (FDS). An initial set of Drawings for the customer to review, comment, and approve consisting of the following: – Panel Layout and Bill of Materials. – Wiring Diagrams. A final set of the above Drawings that have been approved by the Customer. Isolation, Commissioning, Testing, and Restoration Plan. Optional Item: A Training Agenda and associated training material. Note: All drawings will be provided in AutoCAD format (.dwg) version 2013 unless otherwise noted. 1.2 Deliverables to SEL ES The Customer will provide the following items to SEL ES: Single-Line Diagrams, Protection & Control One-Line Diagrams, and AC/DC Schematic Diagrams. The desired Internet Protocol (IP) address range for the five (5) SEL-751 relays. Part numbers, serial number/firmware versions, and settings for the five (5) SEL-751 relays. Site-specific/Customer training requirements. A review and approval of the initial Drawing package. Any other pertinent information to complete the services requested. 1.3 Change in Scope In the event of a change in scope, the contract amount and schedule shall be equitably adjusted. The party identifying a potential change in scope will request the change of scope to the other in writing (fax, email, or letter). SEL ES will identify any budget or schedule impact and submit it for approval. SEL ES will proceed with the work as soon as SEL ES receives written approval, in accordance with established contract provisions. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 299849 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 6 2 Payment and Work Schedule 2.1 Purchase Order Instructions We request that the Customer use the following name and address when issuing a Purchase Order (PO). SEL Engineering Services, Inc. 2350 NE Hopkins Court Pullman, WA 99163 Purchase Order must reference SEL standard Terms and Conditions (T&Cs), or previously agreed contract T&Cs. Purchase amount must be for full amount of proposed project plus any selected options. Purchase Order can be issued to the contact(s) listed in the SEL ES Contact Information section in this proposal. 2.2 Payment Milestones Milestone Activity Price (USD) Upon Receipt of a Purchase Order $15,000.00 Upon Order of Equipment $37,852.87 Upon Submission of the FDS $14,212.00 Upon Mobilization of Onsite Commissioning Resources – (Per Diem) $15,386.00 Total Price $82,450.87 Milestone Activity (Optional Items) Price (USD) Upon Mobilization of Onsite Training Resources – (Per Diem) $10,571.25 Total Price (Optional Items) $10,571.25 All quoted prices are exclusive of any sales, value-added, or similar taxes, which will be added, if applicable, at the statutory rate(s) at the time of invoicing. If your organization is a Tax Exempt Entity, please provide an Exemption Certificate to ensure accurate invoicing The price does not include freight or brokerage duties. Panels will be packaged for overseas shipping. It is the Customer’s responsibility to arrange for transportation of the panels to the job site. If the Customer prefers that SEL ES ship the panels, actual freight costs will be determined at the time of shipment and added to our invoice. Unless indicated otherwise in this proposal, the price does not include the cost of any Payment, Performance, and/or Warranty security instrument. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 300850 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 7 This proposal is valid for sixty (60) days. SEL ES reserves the right to withdraw this offer if mutually accepted credit terms cannot be agreed upon. 2.3 Payment and Credit Terms If your company does not have established credit terms sufficient to cover this purchase, SEL ES reserves the right to require any of the following: Credit Information, Prepayment, Letter of Credit, or Progress Payments prior to acceptance. Work cannot be initiated until adequate credit terms have been established. Payment Terms: Net thirty (30) days after date of invoice. 2.4 Schedule Delivery of approval Drawings is four weeks after receipt of Purchase Order and agreed upon terms. Delivery of equipment shall be fourteen (14) to sixteen (16) weeks after approval of design Drawing(s). The panel fabrication schedule is based on the following: Customer approval of the Panel Structural and Panel Layout Drawings. Customer approval of the Panel BOMs. A one-time review of Drawings, BOMs, and nameplate lists. SEL ES will furnish a schedule for engineering, drawings for approval, manufacture, test, and shipment within one week after receipt of a purchase order and agreed upon terms. Failure to supply requested information in a timely manner will affect the schedule and will subject the Customer to additional charges as set forth in Section 1.3: Change in Scope. If a project is delayed or suspended, the revised project schedule will be based on present workload and staff availability. Proposed schedules are based on present workloads and, if applicable, material and equipment deliveries. The schedule may change depending upon the start date and the impact of work that may be awarded to SEL ES between the date of this proposal and the date of the award. Schedule is subject to acceptable payment and credit terms. The schedule will be equitably adjusted in the event of changes in scope or in the event of delays attributable to the Customer or Customer’s separate contractors, unforeseen conditions, or causes beyond the control of SEL ES. 2.5 Work Suspension 2.5.1 Demobilization and Remobilization In the event that a delay involves a demobilization and remobilization, whether the same is due to a Customer request, a lack of information, Customer has been unresponsive for thirty (30) days, or otherwise, SEL ES will charge and the Customer agrees to pay the greater of one thousand dollars ($1,000.00) or five percent (5%) of the contract value to demobilize from the Project. After the Project has been demobilized, SEL ES will charge and the Customer agrees to pay two percent (2%) of the contract value to remobilize the project per Customer directive and per a mutually approved schedule. If a project is remobilized, the revised project schedule will be based on present workload and staff availability. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 301851 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 8 2.5.2 Suspension of Work Any Project delayed or demobilized beyond a reasonable period (as determined in SEL’s sole discretion and including, but not limited to, the Customer being unresponsive for thirty [30] days or the project being suspended for a period of one hundred eighty [180] days or more) shall be treated as terminated by Customer and Customer shall be responsible for payment of all outstanding invoices, any actual costs incurred up to the date of termination, and a twenty percent (20%) cancellation fee on the remaining unbilled balance. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 302852 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 9 3 Clarifications and Exceptions SEL ES developed the scope of work, schedule, and price based on the information provided to us as listed in this proposal. Should additional or changed work be required, including such work resulting from unusual conditions or for any other reasons that are not evident from the information provided, changes to the price or schedule may result. SEL ES will assign a Project Manager to the project. The Project Manager will oversee and maintain the schedule within SEL ES. The Project Manager will also be the Point of Contact with the Customer in order to maintain a smooth flow of information. For safety reasons, SEL ES service personnel will not plan to work more than ten (10) hours per day. Should job requirements dictate work hours in excess of ten (10) hours per day, SEL ES and the Customer must review the requirements and agree on an appropriate plan that addresses safety concerns and the reasonableness of the hardship that the excessive hours place on SEL ES personnel. 3.1 Clarifications This proposal includes a Functional Design Specification (FDS). An FDS will establish the design basis, equipment part numbers, and document-specific Customer requirements. As a part of this document, SEL ES will determine if additional equipment is needed to fulfill the requirements and may suggest value-engineered solutions. The FDS is a critical design document that must be finalized and approved by all responsible parties early in the design phase. The signed and approved FDS supersedes any proposal, specification, or other preliminary design documents. The service of programming and configuration of relays will not begin until after the standard FDS is approved by the Customer. The existing switchgear Ethernet switch is assumed to be a flat switch. The configuration of the existing switchgear Ethernet switch is not included in the scope. It will be the Customer's responsibility to supply and wire the power cables to the panel. It will be the Customer’s responsibility to mount the SEL-2488 antenna, route the fiber cable, and install the SEL communications panel. The data displayed on the HMI are based on the I/O points list and are limited to data available from the SEL-751 Relays. The site is expected to be deenergized for commissioning. The five (5) SEL-751 relays included in the scope of this project are assumed to be capable of receiving remote controls such as open/close. The Customer will provide all protective element set points and/or the existing relay settings. Power system studies or relay coordination studies review are not included in this proposal. This can be provided as an additional service. Panel products provided in this scope of work are not UL listed. UL listing service is available as an option. Testing of relay settings is not included in this quote. SEL ES engineers will work under the direction of the Customer’s engineer and will assist with technical issues that arise during commissioning. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 303853 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 10 The Customer shall provide a Senior Electrician, or otherwise qualified person, to assist with commissioning activities on site. This would include: – Assistance with Point-to-Point Testing to verify correctness of wiring. – Assistance with wiring corrections if any errors are encountered. BOM tables in this proposal are based on a preliminary assessment by SEL ES. The equipment part numbers may be subject to change during the design phase of this project. Any price differences because of a change in part numbers shall be billed to the Customer as per actual. Equipment, materials, and accessories will be furnished, mounted, and connected as indicated on the drawings. Equipment, materials, and accessories listed by catalog number will be furnished as specified. SEL ES will also provide miscellaneous nuts and screws, cable ties, ground bar, insulated ring tongue connectors, cable troughs for horizontal wiring, wire, nameplates, and any other miscellaneous material required to complete panel wiring not specifically listed on the panel front view drawings supplied by the Customer. SEL ES will provide complete factory wiring for the control panel and equipment mounted in the panel. Wire and Cable will be type SIS, rating 600 Volts, 90 °C. It is assumed that Commissioning and Training will occur during the same Mobilization. SEL ES will investigate and determine whether a fiber cable attenuator will be required for the Single Mode Fiber connection to the iS5 Switch. The SEL Complete Antenna Installation Kit included with the SEL-2488 Satellite-Synchronized Network Clock will be shipped loose to the customer prior to the SCADA panel. The customer is responsible for installing the GPS antenna prior to SEL ES arrival on site and will connect the antenna to the SEL-2488 Clock in the SCADA Panel. The SEL-C809 Single Mode Fiber Cable will be shipped loose prior to the SCADA panel and will be installed by the customer prior to the SEL ES arrival onsite. 3.2 Per Diem SEL ES will perform onsite work on a Per Diem basis unless the Customer and SEL ES agree on other arrangements. The party identifying a potential change in scope will request the change of scope to the other in writing (fax, email, or letter). SEL ES will identify any budget or schedule impact and submit it for approval. SEL ES will proceed with the work as soon as SEL ES receives written approval, in accordance with established contract provisions. Refer to Table 1 for the Per Diem rates. Table 1 Per Diem Rate Table (USD) Item Description Price (USD) 1 Mobilization Fee per U.S. Personnel Distant (Requires Air Travel) = $5,850.00 Local (Within 200 Miles) = $2,950.00 2 Daily Rate per U.S. Personnel Weekday Rate = $2,950.00/Day Saturday Rate = $4,425.00/Day Sunday and Holiday Rate = $5,900.00/Day DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 304854 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 11 All quoted prices are exclusive of any sales, value-added, or similar taxes, which will be added, if applicable, at the statutory rate(s) at the time of invoicing. The following details apply to Table 1: No receipts will be provided as part of the Per Diem Rates. The Mobilization Fee is defined to include the labor and travel costs associated with transporting one person roundtrip to and from the Customer site. The Daily Rate is the charge per person, per day. Typical working hours are 8 a.m. to 6 p.m., Monday through Friday. Lunch shall be up to sixty (60) minutes with two (2) 15-minute breaks each day. If all the onsite work cannot be performed during typical working hours, then the Daily Per Diem Rate will be billed at 1.5 times the above rate for work performed Monday through Friday. Onsite work performed on Saturday, Sunday, or on a holiday shall be agreed upon between the Customer and SEL ES in advance and be subject to additional charges. Time spent by SEL ES personnel on site while waiting standby, training, or traveling to and from the site will be considered billable time. Per Diem Rates are valid for work performed within one year of the proposal date. Holidays observed for U.S. Offices include: New Year’s Day (observed), Civil Rights Day, Memorial Day, Juneteenth, Independence Day (observed), Labor Day, Veterans Day, Thanksgiving Day, Thanksgiving Friday, and Christmas Day (observed). 3.3 Onsite Commissioning Services SEL ES personnel performing onsite commissioning and testing support will: Adhere to both Customer- and SEL ES-required operational and safety processes and procedures. SEL ES personnel will execute safety expectations to the more rigorous of either the Customer or SEL ES safety requirements. The minimum SEL ES safety expectations include: – Use Personal Protective Equipment (PPE), including Category 2 arc-rated (AR) flame-resistant (FR) clothing, safety glasses, ear plugs, hard hat, and safety toe protective footwear. – Perform daily tailboard meetings. If site conditions change unexpectedly, a subsequent tailboard meeting shall be performed. – Limit SEL ES employees’ arc-flash energy exposure to 8 cal/cm2 (see Note 1). – Prohibit SEL ES employees from working with asbestos-containing material (see Note 2). – Follow Customer notifications to SEL ES personnel concerning any special safety training, prior to onsite commissioning and testing activities (training time shall apply to onsite support time). Perform all work activities using the SEL human performance tools, as applicable. The SEL human performance tools will include, but are not limited to: – Stop-work authorization. Initiate a stop-work and/or time-out when conditions change or abnormal situations or discrepancies arise. – Three-part communications. – Flagging, taping, signage, and barriers. – Independent verifications and/or reviews of critical steps in the evolution of work. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 305855 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 12 – Performance of place-keeping methods to maintain tracking of critical steps. – Performance of pre-job briefing and walkdown before working on active control schemes, including breaker failure, local and remote breaker backup, transfer trip schemes, remedial action scheme activation, etc. Participate in and execute energy control processes as required by the Customer and as stipulated in the SEL ES commissioning procedures. The minimum energy control expectations include: – Development of an SEL ES-written testing and commissioning plan, according to the scope of this proposal. – Review and perform a walkdown inspection of applicable energy control boundaries (Lockout/Tagout [LOTO]). Verify the installation and/or closure of any installed safety grounds and/or switches and open points. Ensure that tagging is in place and/or controlled by the Customer’s designated authority (dispatch) (see Note 3). – Sign on to the Customer’s clearance order or permitting processes and subsequent release from clearance when the work evolution ends. Provide site leadership, direction, and Customer collaboration and communications during the job-site work execution, equipment testing, wiring verifications, and equipment energizing. The site leadership will encompass the following: – Verification and/or validity of “Issue for Construction” engineering documentation. – Technical supervision of crews performing demolition and wiring activities. – Management of sequencing of testing activities according to the preapproved Testing and Commissioning Plan. – Performance of wire checks and circuit verifications. – Execution of primary current injection testing. – Execution of secondary current injection testing. – Management of the energization and testing of control schemes and protective relays. – Performance of the verification of settings and configuration files. – Preparation of documentation of commissioning events. – Communication of regular/daily Customer updates regarding the site status and/or progress and the equipment configuration. – Assumption of responsibility for all work activities performed under the SEL ES scope of this proposal. Unexpected outcomes including equipment issues, product defects, and safety or human performance issues will immediately initiate a stop-work time-out and the Customer and SEL ES leadership must be engaged. – Responsibility to provide Customer support for emergent or emergency situations not directly associated under the SEL ES scope of this contract. If an emergent or emergency situation arises with customer equipment (e.g., load at risk or load lost), and customer assistance is needed, SEL ES personnel will assist and/or advise the Customer with respect to the remediation of the emergent or emergency situation without a preapproved testing plan. During the emergent or emergency situation, SEL ES personnel will work under the direction of the Customer and will be available in a technical support role only. Note 1: Electrical outages (controlled through LOTO or other clearance processes) should be considered to eliminate risk of employee exposure to arc-flash incident energy. If the normal incident energy is above 8 cal/cm2, SEL ES will work with the Customer to evaluate the options to reduce fault current and fault current clearing times, including creating temporary settings DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 306856 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 13 changes to speed up protection, opening tie breakers, and other incident energy reduction techniques. If an arc-flash study is required to determine the incident energy level, SEL ES will provide a proposal to do this work under a separate contract. Note 2: SEL ES employees will not perform any work activities on asbestos-containing material or presumed asbestos- containing material within the work zone that will be disturbed during normal work activities or material that is already in a friable state, until a negative test result is received from a certified laboratory verifying the absence of asbestos in the workplace. If a positive result is confirmed indicating that any hazardous material is present, no work activities shall commence or resume without complete remediation by qualified contractors. It will be the responsibility of the equipment and/or asset owner to mitigate any identified and verified asbestos hazards. Note 3: SEL ES personnel do not provide services for switching of the Customer’s primary equipment to establish LOTO and/or clearance orders. The Customer must provide qualified personnel for switching primary equipment to establish primary LOTO and/or clearance zones for commissioning and testing activities. 3.4 Compliance SEL ES will comply with state and local codes, standards, rules, regulations, and laws insofar as they do not exceed national codes, standards, rules, regulations, and laws. In the event that a part, other than protective relays, is not obtainable or develops a lengthy lead time, SEL ES will consult with the Customer to determine if the project deadline can be extended or if the part can be substituted with an alternate manufacturer’s model that will meet or exceed the specifications of the original part. All panels require storage in a dry, temperature-controlled building. Improper storage will void manufacturer’s warranty. 3.5 Cybersecurity – Project Passwords To maintain security during the processes of engineering, fabrication, factory tests, shipment, delivery, onsite testing, and commissioning, the electronic devices in this system are assigned project passwords. They are specific to this project and are controlled at SEL ES on a strict need-to-know basis. As part of the final deliverables from SEL ES, the Customer will receive documentation identifying the project passwords in each of the delivered products. SEL ES recommends that the Customer change the project passwords to Customer-defined passwords upon receipt of their products. SEL ES policy is to change passwords; however, SEL ES will follow the Customer policy regarding passwords as advised. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 307857 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 14 4 SEL ES Safety Program 4.1 Safety SEL ES is committed to the safety of its employees and customers, and our employees practice work rules to ensure compliance with industry standard safety methods and federally mandated requirements. SEL ES safety metrics include: ORIR (OSHA Recordable Incident Rate): 0.19 year-ending 2022. DART (Days Away [from work], Restricted, and Transfer): 0.19 year-ending 2022. 4.1.1 SEL Human Performance SEL ES project procedures are designed to highlight Human Performance Improvement (HPI) error precursors and implement tools to place barriers against hazards encountered in engineering work and in the field. HPI tools that are built into the daily work of SEL ES engineers include, but are not limited to: Peer-check requirements. Questioning attitude. Stop work. Policy adherence. Effective communication strategies. Documentation of Good Catches and Near Misses. Participation in surveys and questionnaires to obtain feedback. 4.1.2 Qualified Electrical Worker Training Employees shall complete SEL Qualified Electrical Worker (SQEW) training to work in the field. The two- day course is comprised of section competencies measured through quizzes. The second day, employees collaborate, respond to real-life scenarios encountered in the field, and teach the class their evaluation. SQEW training covers: National Fire Protection Association (NFPA) 70E®. Shock and Arc-Flash Hazards and Approach Boundaries. Risk Assessment. HPI Tools and Applications. Personal Protective Equipment (PPE) in accordance with the Occupational Safety and Health Administration (OSHA) and NFPA 70E. Substation Equipment, Entry, and Protocols. Step and Touch Potential. Control of Hazardous Energy (LOTO). Electrically Safe Work Conditions. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 308858 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 15 Situational Awareness. Project Safety Plan. Daily Tailboard. Energized Electrical Work Permit. Stop Work Procedure. Other Electrical Safety Topics. 4.1.3 SEL Field Safety Manual Training The scope includes all SEL employees who visit customers’ sites to perform work in which the job may expose them to physical, mechanical, electrical, chemical, or radiological hazards. SEL ES complies with all local, state, and federal laws, as well as with other regulations relative to the methods of performing work. The contents meet or exceed the requirements of OSHA regulations and NFPA 70E. 4.1.4 Commissioning Qualification Commissioning personnel are qualified within their area of expertise (i.e., automation, protection) and progress with greater levels of authority based on hands-on performance, demonstration of knowledge in each competency, and by final qualification via a review panel process and supervisory evaluation. 4.1.5 Event Reporting and Investigation SEL ES has a robust event reporting and investigation program to collect safety data from employees when hazards or potential hazards are encountered while working. The goal is to proactively educate employees, create awareness, and put barriers against hazards in place to improve safety performance. A communication program provides information to employees regarding the Good Catch/Near Miss and allows discussion as to why they are important to safety performance. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 309859 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 16 5 Project Quality Plan SEL maintains a documented quality system that meets the requirements of ISO 9001. SEL ES strives to design, develop, and deliver dependable, quality solutions that exceed Customer expectations by applying the example SEL ES Project Procedure illustrated in Figure 1. The procedure and subordinate work instructions encompass a sequential, phase-gate design process that is tailored to the specific scope of the project. The primary goal is to design in quality from the beginning of the project. Time spent early on to ensure that customer project requirements and the design basis are correct saves time and effort in later phases for the customer, the project team, and others involved. The SEL ES Project Procedure for a typical project has phases for planning, definition, development, testing/validation, commissioning, and close out. Detailed design reviews of requirements and deliverables by competent technical reviewers from SEL ES authorized reviewer lists ensure the quality of deliverables. Testing and validation processes prove the performance of the solution for the customer’s application. The customer has an important role in the process. Throughout the project, SEL ES will communicate project status and provide opportunities to define requirements, review deliverables, and provide feedback on SEL ES performance. Additionally, when customers define hold/witness points or approval requirements, SEL ES will include the requirements in its detailed project plans to guarantee compliance. Figure 1: Example SEL ES Project Procedure Diagram DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 310860 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 17 6 SEL ES Terms and Conditions To accept this proposal and attached terms, please return this sheet, signed and dated. All purchase orders shall be issued to SEL Engineering Services, Inc. City of Aspen (“Customer”) SEL Engineering Services, Inc. (“SEL ES”) 427 Rio Grande Place 2350 NE Hopkins Court Aspen, CO 81611 Pullman, WA 99163 Signature: ________________________________ Signature: ________________________________ Print Name: _______________________________ Print Name: _______________________________ Title: ____________________________________ Title: ____________________________________ Date: ____________________________________ Date: ____________________________________ Contract Information (to be completed by client): Contract Amount: $_________________________ Client PO/ Reference/Contract#: _______________________ Ship To Address: __________________________________________________________________________ Bill To Street Address: ______________________________________________________________________ Bill To Email Address: _____________________________________________________________________ 1. Applicable Terms and Conditions. These terms and conditions (“Terms”) and the SEL Proposal constitute the entire agreement between Customer and SEL Engineering Services, Inc. (“SEL”) with respect to the Project. “Project” means the project described in the attached Proposal. These Terms supersede any prior or contemporaneous, verbal or written, agreements, negotiations, commitments, representations, or correspondence between the parties, including any terms and conditions on any purchase order form. All sales are expressly limited to these Terms and are conditional on Customer’s assent to these Terms. SEL hereby expressly rejects any representation, express or implied warranty, course of performance or dealing, trade usage or any different or additional terms and conditions not set forth herein unless expressly agreed to in writing and signed by an authorized officer of SEL. Any Schweitzer Engineering Laboratories, Inc. (“SEL, Inc.”) products purchased in conjunction with the Project shall be subject to the then-current SEL, Inc. product sales terms, which are available at SEL’s website at www.selinc.com/termsandconditions/unitedstates and incorporated herein by reference. Training provided by SEL University is governed by the SEL University Terms and Conditions posted on SEL’s website at www.selinc.com/termsandconditions/seluniversity/. 2. SEL Responsibilities. SEL shall furnish the necessary engineers and technicians to provide the engineering services set forth in the Scope of Services. The professional obligations of SEL’s design professionals shall be undertaken and performed in the interest and on behalf of SEL in accordance with applicable laws and regulations governing such design professionals and generally accepted engineering practices prevailing in the jurisdiction where the Project is located. Nothing contained in these Terms shall create any professional obligation or contractual relationship between the individual professionals and Customer. SEL shall assist Customer in obtaining any necessary approvals of professionally-sealed drawings, and shall assist Customer in obtaining necessary approvals from governmental authorities having jurisdiction over the Project. 3. Customer Responsibilities. Customer shall provide SEL with full information regarding the requirements for the Project, and SEL shall be entitled to rely on such information. Any tests, data of any kind or reports of Customer’s other consultants or independent contractors shall be furnished with reasonable promptness and SEL shall be entitled to rely upon their sufficiency, accuracy, and completeness without further inquiry. Customer shall provide all information requested by SEL relating to the Project expeditiously and shall render decisions pertaining thereto in order to avoid delay in the orderly progress of the design and construction of the Project. Failure to comply with this requirement may result in additional costs and delays, which shall be Customer’s sole responsibility. Customer will ensure that SEL’s personnel or representatives are provided a safe and secure work environment at all times while they are on site to enable work to be carried out. SEL may, in addition to other rights or remedies available to it, evacuate some or all of its personnel from the site, suspend performance, and/or remotely perform or supervise work. Any such occurrence shall be considered an excusable event. Customer shall reasonably assist in any such evacuation. 4. Changes and Delays. Changes in scope or modification of Services will result in the contract amount and schedule being equitably adjusted. SEL is not obligated to proceed with any change until both parties agree upon such change in writing. SEL shall be entitled to an equitable adjustment in the price and schedule in the event of any changes in the law or engineering standards impacting SEL’s obligations or performance under this Agreement. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 311861 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 18 Any order delayed at Customer’s request shall be subject to the prices and Terms in effect at the time of release of such delay. Any such order delayed beyond a reasonable period (as determined in SEL’s sole discretion) shall be treated as a Customer termination, and Customer shall be responsible for payment of all outstanding invoices, any actual costs incurred up to the date of termination and a 20% cancellation fee on the remaining unbilled balance. When Products are ready for shipment and shipment cannot be made due to Customer’s request, SEL shall submit an invoice for such Products payable upon receipt thereof and shall store such Products on Customer’s behalf. In such event, risk of loss shall pass to Customer upon moving such Products to storage, and all expenses incurred by SEL in connection with such storage, including without limitation demurrage, cost of preparation for storage, storage charges, insurance (if SEL chooses, at its sole discretion, to purchase such insurance) and handling charges, shall be payable by Customer upon submission of invoices by SEL. 5. Prices, Taxes and Payment Terms. Customer must meet the then-current SEL credit requirements to purchase on credit. Customer shall pay SEL in accordance with the agreed upon Proposal. Payments terms are net thirty (30) days from date of invoice if credit is approved. All invoices shall be deemed accurate unless Customer advises SEL in writing of an error within 10 days following receipt. If Customer advises SEL of an error, (i) any amounts corrected by SEL shall be paid within 14 days of correction or within 30 days of the original invoice date, whichever is later, and (ii) all other amounts shall be paid by Customer by the original due date. If Customer requires SEL to use a specific system or tool to process regular business transactions (e.g. invoices, shipment notifications, purchase orders), SEL may charge Customer for any transaction, setup or subscription fees charged to use the system or tool. SEL may suspend work or cancel any outstanding order if Customer fails to make a payment when due and until such payment is made and may impose a late charge of 1.5% per month or the highest applicable rate allowed by law on all amounts not paid when due. SEL shall not be liable for any liquidated damages if SEL suspends work due to the Customer’s late payment or credit issues. If an order is cancelled because of credit issues or late payments, SEL shall be entitled to receive payment of all outstanding invoices, any actual costs incurred to date, and a 20% cancellation fee on the remaining unbilled balance (“Cancellation Charges”). Prices are exclusive of any taxes. If Customer claims a tax or other exemption or direct payment permit, Customer will provide a valid exemption certificate or permit prior to invoicing and will indemnify, defend and hold SEL harmless from any taxes, costs and penalties arising from the same. If Buyer does not provide a valid exemption certification or permit prior to invoicing, Buyer shall be responsible for paying or seeking reimbursement for the taxes invoiced. Any payment made by Customer may be applied to amounts due before being applied to current orders, at SEL’s sole discretion. Notwithstanding the foregoing, Customer’s failure to pay amounts due shall be deemed a material breach of these Terms, and any acceptance by SEL of late payments shall not be deemed a waiver of such breach. To the extent allowed by law, SEL shall be entitled to recover all costs incurred in collecting amounts due from Customer, including without limitation legal fees and other costs (including without limitation disbursements). 6. Intellectual Property. SEL retains all its intellectual property rights. All documents, designs, drawings, plans, specifications, and other work product (collectively “Work Product”) prepared by SEL in performing the Project shall not be deemed “works made for hire” for Customer. To the extent that any such Work Product prepared by SEL while performing the Project is integrated into the Project, SEL hereby grants Customer a perpetual, worldwide, non-exclusive, non-transferable, personal, revocable, limited license to use, copy and modify such Work Product for internal business purposes only. SEL’s Work Product and/or designs for other projects shall not be used for any purpose except the applicable Project without first obtaining SEL’s written consent. Customer agrees to indemnify, defend and hold harmless SEL and all related parties from and against any unauthorized use or reuse of Work Product furnished by SEL, and any changes made by Customer or others relating to design documents produced by SEL. 7. Use of Confidential Information. In the performance of the Project and/or these Terms, a party may receive documents, materials, data and other confidential information of the other party or its affiliates. The receiving party shall use confidential information solely in performance of the Project and any resulting business transaction between the parties. The receiving party shall use at least the same degree of care (and, in any event, not less than a reasonable degree of care) in protecting the disclosing party’s confidential information as it exercises in protecting its own similar confidential information. Confidential information shall be subject to these Terms for three (3) years following receipt of such confidential information. Confidentiality obligations shall survive the termination of these Terms. 8. Warranties and Limitation of Liability. SEL shall perform the Project in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. SEL shall reperform (or, at SEL’s option, pay a third party to reperform) any defective services at no cost upon receipt of notice detailing the defect(s) within one (1) year of performance of the original services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY SHALL BE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS, VERBAL, OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE). In no event, whether as a result of breach of contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, shall SEL liability to Customer or its insurers for any (i) loss or damage exceed the contract price or (ii) if Customer places multiple order(s) under the contract, the price of each particular order for all claims arising from or related to that order, and any liability shall terminate at a reasonable time, not to exceed one (1) year, after provision of services. No claim, regardless of form, arising from these Terms may be brought more than one (1) year from the date such claim accrues. Claims against SEL are hereby agreed to have accrued not later than the completion of the Project, notwithstanding any laws to the contrary. In no event, whether as a result of breach of contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, shall SEL be liable for any special, incidental, consequential or punitive damages, including without limitation any loss of profit or revenues, loss of use of associated equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, downtime costs or claims of Customer’s customers for such damages. Customer shall indemnify, defend and hold harmless SEL and all related parties from and against any claims, demands, causes of action, losses, costs and expenses, including without limitation legal fees and other costs, arising directly or indirectly from, as a result of or in connection with the acts or omissions of Customer, its officers, employees, agents or representatives, relating to the Project and/or these Terms, including without limitation any defect or failure or alleged defect or failure in or of any Customer product or operation. Remedies are limited to those set forth in these Terms. 9. Termination. Customer may terminate these Terms upon ten (10) business days written notice to SEL in the event the Project is abandoned or otherwise terminated prior to completion. If such termination occurs, Customer shall pay SEL for Cancellation Charges. Customer may terminate the Project if SEL defaults or persistently fails or neglects to perform services in accordance with these Terms. However, such termination is permitted only DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 312862 SEL ES Project #: 022248.001.00 SEL ES PROPRIETARY INFORMATION City of Aspen © 2024 by SEL ES 21 February 2024 All rights reserved. Page 19 if Customer provides written notice setting forth the default and SEL fails to begin to correct the default within ten (10) business days after receipt of such notice. 10. Dispute Resolution. The laws of the State of Washington, United States of America, excluding conflict of laws principles, shall govern these Terms. Any controversy or claim arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the Procedures for Large, Complex Commercial Disputes under the Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Seattle, Washington, United States or another location agreed upon by the parties. The language of the arbitration shall be English. The prevailing party to any dispute shall be entitled to recover legal fees and other costs (including without limitation disbursements, collection costs and the allocated cost of in- house counsel). 11. Insurance. SEL shall maintain for its protection the following insurance coverage: (i) Worker’s Compensation, Employer’s Liability and other statutory insurance required by law with respect to work related injuries or disease of employees of SEL in such form(s) and amount(s) as required by applicable laws; (ii) Automobile Liability insurance with a combined single limit of $1,000,000 per occurrence; and (iii) Commercial General Liability or Public Liability insurance for bodily injury and property damage with a combined single limit of $2,000,000 per occurrence, $4,000,000 annual aggregate. Upon request, SEL will provide a certificate of insurance reflecting such coverage. 12. Export. Customer acknowledges that all commodities, software, or technology (collectively “Items”) provided by SEL are subject to US export jurisdiction and agrees to comply with all applicable import and export laws, rules, and regulations regarding the transfer of any such Items, including but not limited to, the US Export Administration Regulations 15 C.F.R. Parts 730-774. Customer shall obtain prior authorization from the U.S. Department of Commerce or any other applicable government entities prior to the export, re-export, transfer, diversion, or disclosure any Items provided hereunder, or any direct product thereof, to any destination, end-use or end-user which is restricted or prohibited by US or other applicable laws. Customer also agrees to comply with US anti-boycott laws and regulations when exporting Items. 13. Miscellaneous. Any notice pursuant to these Terms shall be deemed given when sent by registered mail, certified mail (return receipt requested), or overnight delivery to an authorized officer at the address listed on the SEL sales order acknowledgment or, if no such address is provided, at the registered headquarters of the other party, or when faxed to 1-509-336-7920 or emailed to legal@selinc.com (receipt confirmed). All rights and duties hereunder shall be for the sole and exclusive benefit of Customer and SEL and not for the benefit of any other party. The assignment or transfer by Customer of any rights or duties hereunder without prior written consent of an authorized officer of SEL shall not relieve Customer of any obligations to SEL. SEL may perform its obligations hereunder personally or through one or more of its affiliates, although SEL shall nonetheless be solely responsible for the performance of its affiliates. SEL may assign or novate its rights and obligations under the Contract, in whole or in part, to any of its affiliates or may assign accounts receivable to any party without Customer’s consent. Customer agrees to execute any documents necessary to complete Seller’s assignment or novation. SEL may subcontract portions of the work so long as SEL remains responsible for the work. Customer shall notify SEL immediately upon any change in ownership of more than fifty percent (50%) of Customer’s voting rights or of any controlling interest in Customer. No failure or delay by either party in exercising any right or remedy, or insisting upon strict compliance by the other party with any obligation in these Terms, shall constitute a waiver of any right thereafter to demand exact compliance with these Terms. The invalidity, in whole or in part, of any provision in these Terms shall not affect the remainder of such provision or any other provision and, where possible, shall be replaced by a valid provision that effects as close as possible the intent of the invalid provision. No party shall be liable for failure to perform or delay in performance of any obligation under these Terms (except payments of amounts already due and owing) where such failure or delay results from any events beyond its reasonable control. DocuSign Envelope ID: 8D464314-BC9A-4990-A874-4FB5B0FD4A72 313863 ________________________________________________________________________ CC5-971.doc Page: 1 Updated:1/2024 STANDARD CONTRACT FOR CONSTRUCTION 2024-002 THIS CONTRACT, made and entered into on February 29th, 2024, by and between the CITY OF ASPEN, Colorado, hereinafter called the “City”, and Excavation Services Inc., 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 b y this Contract, and the construction and completion of the Project, City agrees t o pay Contractor a sum not to exceed eight hundred sixty-five thousand eight hundred thirty-two DOLLARS and fifty nine CENTS ($865,832.59) 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 an y and all events to substantially complete the same not later than October 31st, 2024, subject to DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 15864 ________________________________________________________________________ CC5-971.doc Page: 2 Updated:1/2024 such delays as are permissible under the “Extension of Time for Completion” section of this Contract. 5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machin ery, 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, inclu ding 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 constru ction 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. Contract Documents shall also include General Conditions for Construction Contracts and Special Conditions appended hereto. However, in case of conflict this Contract for Construction shall control. 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 cha nges, omissions or extra work shall be DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 16865 ________________________________________________________________________ CC5-971.doc Page: 3 Updated:1/2024 agreed upon and fixed in writin g, 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 suf ficient 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 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 Prop erty 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) una nticipated 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 fair and reasona ble 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 cond itions and that if, at the time of inspection th erefor, 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 condit ions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and genera lly recognized as inherent in work of the DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 17866 ________________________________________________________________________ CC5-971.doc Page: 4 Updated:1/2024 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 com puting such costs, building permit fees, insurance and such financing 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 Complet ion 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. Contractor 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, contractor error, mistake, negligence, or other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of any workmen's compensation claim of any DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 18867 ________________________________________________________________________ CC5-971.doc Page: 5 Updated:1/2024 employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor 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 Contractor, 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 Contractor for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 15. Insurance. 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. DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 19868 ________________________________________________________________________ CC5-971.doc Page: 6 Updated:1/2024 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 TWO MILLION DOLLARS ($2,000,000.00) 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. 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. DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 20869 ________________________________________________________________________ CC5-971.doc Page: 7 Updated:1/2024 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. f. 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 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. g. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 16. Termination by the Owner for Convenience. a. In addition to the provisions of termination set forth in the General Conditions, the Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. b. Upon receipt of notice from the Owner of such termination for the Owner ’s convenience, the Contractor shall (1) cease operations as directed by the Owner in the notice. (2) take actions necessary, or that the Owner may direct, for the protection and preservation of the Work. and (3) except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. c. In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 21870 ________________________________________________________________________ CC5-971.doc Page: 8 Updated:1/2024 of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. 17. 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 don e 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. 18. 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 Engineering Department 427 Rio Grande Place Aspen, Colorado 81611 To Contractor: Excavation Services Inc. P.O. Box 1159 Carbondale, CO 81623 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. 19. Inspections; Warranties. a. Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 22871 ________________________________________________________________________ CC5-971.doc Page: 9 Updated:1/2024 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). 20. 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. 21. 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. 22. 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 subcontrac t 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. 23. 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. 24. 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. 25. Waivers. No waiver by City or Contractor of any default by the other or of any event, circumstance or cond ition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 23872 ________________________________________________________________________ CC5-971.doc Page: 10 Updated:1/2024 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. 26. 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. 27. 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. 28. 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. 29. 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 th e provisions of this Contract are declared to be severable. 30. 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 in- sure that applicants are employed, and that employees are treated during employ- ment 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. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: a. Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment -related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 24873 ________________________________________________________________________ CC5-971.doc Page: 11 Updated:1/2024 military status, sexual orientation, gender identity, gender expression, or marital or familial status. b. Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. The foregoing provisions shall be incorporated in all subcontracts hereunder. 31. 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. 32. 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. 33. 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 DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 25874 ________________________________________________________________________ CC5-971.doc Page: 12 Updated:1/2024 not be obligated to provide services or materials for which funds have not been appropriate. 34. Waiver and Amendment. 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. 35. 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 th e Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper c opy 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. 36. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [ ] No additional provisions are adopted. [X] See attached Exhibit A. DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 26875 ________________________________________________________________________ CC5-971.doc Page: 13 Updated:1/2024 IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. CITY OF ASPEN, COLORADO: PROFESSIONAL: _____________________________ _______________________________ [Signature] [Signature] By: __________________________ By: ____________________________ Title: _________________________ Title: ___________________________ Date: _________________________ Date: ___________________________ Approved as to form: _______________________________ City Attorney’s Office Standard Terms & Conditions Architectural Services Agreements can be found on city website https://aspen.gov/1517/Purchasing JPW-2/29/2024-M:\city\cityatty\arch\ag1-981.doc 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. DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 2/29/2024 | 10:24:45 AM MST Justin Nuun Presidet 27876 ________________________________________________________________________ CC5-971.doc Page: 14 Updated:1/2024 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 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: _______________________ DocuSign Envelope ID: D1FF85FA-F5C7-4571-95F6-519B790DD055 28877