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Home My WebLink Aboutagenda.council.regular.20240326AGENDA CITY COUNCIL REGULAR MEETING March 26, 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/82215493849? pwd=qNo9dGnGWsfMFd7Z0y7ImOGKxZqH5y.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: 822 1549 3849 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kcmYnhgGaL (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 #035, Series of 2024 - Contract with AECOM for Climate Cost Analysis and Financial Plan VIB.Resolution #042, Series of 2024 - 2024 Non-Profit Grant Funding Recommendations VIC. Resolution #043, Series of 2024 - Environmental Consulting Services Lumberyard Affordable Housing Project VID Resolution #045, Series of 2024 - City Attorney Contract Amendment VII.Notice of Call-Up VIII.First Reading of Ordinances IX.Public Hearings IXA.Ordinance #03, Series of 2024 - Increase to Food Tax Refund Award X.Action Items 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) Resolution_035_Memo_AECOM_Contract_3_11_24_FINAL.docx ATTACHMENT B - Resolution #035, Series of 2024.docx Attachment A - 2023-417 Professional Services 2024.3.26_Grant Funding Recommendations .docx Attachment B_Resolution No. 42_Series of 2024.docx Attachment A_ Grant Funding Recommendations_2024.pdf Consent Memo 26MAR2024 Lumberyard Environmental Testing.docx Resolution 43 of 2023.docx Exhibit A 2024-025 Lumberyard Environmental Consulting PSA.pdf Memo CA contract amendment 2024.pdf 05. Resolution #45 (Series of 2024) - contract amendment (3-26-24).docx 06. Amendment to Contract (3-26-24).docx Memo food tax 03_26_24.docx Ordinance 03 - Food Tax Refund Increase.docx Resolution #046, Series of 2024 - Settlement Agreement Memo re Settlement Agreement (3-20-24)(Final).docx Resolution #46 (Series of 2024) - Settlment Agreement.docx Forest Service Lots - Settlement Agreement and Mutual Release(Final 3-11-24).doc Settlement agreement signature page.pdf Exhibit 1.pdf 2 2 Xi .Executive Session XII.Adjournment Pursuant to C.R.S. Section 24-6-402 (4)(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. (4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. The specific items of discussion involve the following: Ongoing Litigation: The Centennial Owners’ Association, v. The City of Aspen, et al . Case No.: 2015CV030158 and Case No.: 2017CA2099 3 3 MEMORANDUM TO:Mayor and City Council FROM:Ainsley Brosnan-Smith, Waste Diversion and Recycling Program Administrator; Tim Karfs, Sustainability Programs Administrator; Clare McLaughlin, Sustainability Programs Administrator THROUGH:Ben Anderson, Community Development Director MEMO DATE:March 18, 2024 MEETING DATE:March 26, 2024 RE:Resolution #035 of 2024 Contract with AECOM for Climate Cost Analysis and Financial Plan. REQUEST OF COUNCIL: Staff requests approval of the contract with AECOM, in the amount of $152,600.00 for technical consultant services to develop a Climate Cost Analysis and Financial Plan to quantify and anticipate future costs of adopted climate action policies. The Climate Cost Analysis received support from Council at the Work Session on May 8, 2023, and approval through Council’s Protect Our Environment Goal workplan adopted by Resolution #90, on May 22, 2023. BACKGROUND: In response to the climate crisis and need to reduce community greenhouse gas emissions, in 2021 Aspen City Council passed science-based targets, which directed Aspen to reduce greenhouse gas emissions by 63.4% by 2030 and 100% by 2050. In February 2023 the City Council approved the Aspen Sustainability Action Plan (ASAP), which outlines the key climate action policies the City needs to undertake to achieve its greenhouse gas reduction goals. In June 2023, City Council adopted its goal to “protect the environment”. This goal directs staff to develop a financial plan that quantifies and anticipates future costs of adopted climate action policies and outlines a funding pathway to implement these policies and programs. To accomplish this, City staff underwent a Request for Proposal (RFP) to evaluate bidders that specialize in developing financial costs analysis as it relates to climate initiatives.The City received multiple competitive bids for the climate action cost analysis and financial plan and the cross- departmental selection committee chose AECOM as the technical consultant. DISCUSSION: As the selected vendor, AECOM will develop a Climate Cost Analysis and Financial Plan to determine the costs of implementing policy and programs selected from Aspen’s Sustainability Action Plan. AECOM is a national full-service consultancy with Colorado offices in Denver, Colorado Springs, Fort Collins, and Glenwood Springs. AECOM’s Climate Advisory Services practice works with cities and states to define decarbonization goals and climate risk reduction objectives, develop strategic implementation plans, and evaluate funding and financing opportunities to give these plans life after adoption. AECOM will work with staff across multiple departments to complete the following: 4 Perform a cost/benefit analysis of implementing climate policies/programs in Aspen. This includes analyzing capital and operational costs of implementing prioritized policies/programs, analyzing avoided costs, quantifying benefits of greenhouse gas (GHG) reductions, identifying human health impacts, and evaluating the cost of inaction. Develop a range of long-term funding options for high-impact policies/programs through 2050: Leveraging existing funding mechanisms within the City budget, General funds, Renewable Energy Mitigation Program (REMP), plastic bag fees, Short-term Rental (STR) funds, shifting departmental funds, and cross-departmental partnering on goals (e.g., Aspen Pitkin County Housing Authority’s building improvement grant fund). Identify incentives, grants, rebates, and financing from local, state, and federal opportunities, including the pros, cons, viability, and likelihood of receiving this funding. Identify outside funding opportunities where applicable (e.g., green banks, taxes, and other creative financing opportunities that have not yet been contemplated locally). AECOM will evaluate the climate policies below, which are selected from the Aspen Sustainability Action Plan, to perform the cost analyses. A cross-departmental group of city staff identified these items to analyze because they are near-term actions with the potential for large greenhouse gas emissions reductions in Aspen’s largest emitting sectors (buildings, energy, transportation, and waste). Additionally, these are foundational actions that catalyze and enable future greenhouse gas emission reducing policies: Buildings Implementing the Building IQ program (benchmarking and building performance standards) to decarbonize the community's existing buildings Developing and implementing no to low emissions codes for new construction and major remodels Energy Analyze physical infrastructure costs to support long-term electrification. Analyze rates and other technologies needed to support long term electrification. Transportation Evaluate cost and savings associated with decarbonizing the transportation sector including cost of additional public EV charging infrastructure. Analysis should look at private vehicles, and commercial fleets etc. Waste Reduce construction and demolition debris buried in the landfill by 50% by 2030 and 80% by 2050. (Costs associated with diversion on city and businesses). Evaluate costs and savings associated with single hauler waste servicing for entire municipality. Aspen’s leadership in sustainability spans decades. Analyzing costs and developing a financial plan for the selected priority climate policies is necessary to understand the resources required to reach the Council’s environmental goals. By doing so, Aspen is paving the way forward for other communities to do the same. The analysis will also help improve transparency and more effectively 5 communicate the costs involved with transitioning from fossil fuels - especially in a community that is experiencing increased project costs in all sectors. Reducing greenhouse gas emissions is critical to maintaining a healthy and thriving Aspen, but it will take resources and innovative financing beyond traditional budget mechanisms. This analysis helps establish pathways to fund critical climate action. The proposed timeframe for the Climate Cost Analysis and Financial Plan: Publish RFP Q1, 2024 Select vendor Q1, 2024 Data collection and cost analysis Q2, 2024 Analyze funding mechanisms Q3, 2024 Develop report, final deliverables, and present findings Q4, 2024 FINANCIAL/BUDGET IMPACTS: This is a one-time project that will inform and support priorities for years to come in the Aspen Sustainability Action Plan. Staff request to use $152,600 of funds made available through short-term rental (STR) tax collection. In 2022, City of Aspen voters approved lodging taxes for properties deemed STRs. A percentage of tax revenue collected from STRs ($166,850 to the General Fund in 2023) has been approved to be directed towards environmental projects in the community. City staff propose using STR tax funds to pay for the Climate Action Cost Analysis and Financial Plan, as outlined in the Protect Our Environment Council Goal workplan. Note that if Council approves this request tonight, a spring supplemental appropriation will be included in the upcoming packet to formalize an official appropriation of these funds to the City’s budget. ENVIRONMENTAL IMPACTS: The Climate Action Cost Analysis and Financial Plan will support staffs’ work to reduce greenhouse gas emissions across key sectors in the Aspen Sustainability Action Plan. It is necessary for staff to understand the costs of implementing climate policies and programs so the city can plan to financially support, and implement, goals. The analysis supports Council’s “Protect Our Environment” goal to take meaningful action and provide leadership in protecting the natural environment, reducing Aspen’s greenhouse gas emissions by the amount that is scientifically proven to limit global temperature change, and supporting community resilience to climate change and natural disasters. ALTERNATIVES: The city has not historically planned for long-term sustainability projects. This Climate Action Cost Analysis and Financial Plan will determine the costs and offer potential funding plans to achieve City Council’s science-based targets for reducing greenhouse gas emissions. These are both critical components of reaching the City’s identified climate goals. If not approved, the City will not have a strategic or realistic plan for meeting the cost needs of our climate action efforts, nor a comprehensive understanding of funding mechanisms to achieve City Council’s 2030 and 2050 science-based climate action targets. If Council does not approve this contract, City staff would analyze costs for projects ad-hoc and rely on traditional funding mechanisms, which may not cover priority climate action policies and programs. Staff does not have the in-house capacity to complete a comprehensive cost analysis, nor do they have current expertise to identify or implement innovative funding mechanisms. RECOMMENDED ACTION: Staff recommends the approval of the contract with AECOM for $152,600 within the Consent Agenda. PROPOSED MOTION: “I move to approve the Consent Agenda for March 26, 2024.” 6 Alternatively, as a stand-alone item: “I move to approve Resolution #035, Series of 2024, approving a contract with AECOM for completion of Climate Cost Analysis and Financial Plan.” CITY MANAGER COMMENTS: ATTACHMENTS: A. Contract with AECOM B. Resolution #035, Series of 2024 7 RESOLUTION # 035 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND AECOM. 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, the contract with AECOM for technical consultant services to develop the Climate Cost Analysis and Financial Plan, a true and accurate copy of which is attached hereto as Attachment “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 Climate Cost Analysis and Financial Plan, between the City of Aspen and AECOM, 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 26th 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 26 th, 2024. Nicole Henning, City Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 MEMORANDUM TO:Mayor and City Council FROM: John Barker, Strategy & Innovation Deputy Director & Natalie Blumentritt, Grants Coordinator THROUGH:Patrick Quick, Strategy & Innovation Director Alissa Farrell, Administrative Services Director CC:Ann Mullins, Grants Steering Committee Chair MEMO DATE:March 18, 2024 MEETING DATE:March 26, 2024 RE:Resolution No. 042, Series of 2024, approving non-profit discretionary grant funding recommendations REQUEST OF COUNCIL: Staff is requesting Council consideration and approval of Resolution No. 042, Series of 2024, for the allocation of the discretionary non-profit grant funding recommendations from the grants steering committee. SUMMARY AND BACKGROUND: The City of Aspen’s grants program has distributed more than $17 million to non-profit organizations serving the broader Aspen community since 2010. The 2024 non-profit grant cycle featured the highest-ever demand in terms of total cash requests and the total number of applications. Total cash requests have doubled in the past four years from $1.6 million in 2021 to over $3.3 million in 2024. The number of applicants has also increased, with 133 total organizations making a cash request in 2024—about 10% of which had never applied for a city grant previously. The breakdown of program budget and demand is as follows: Arts & Culture: o Budget: $900,000 o 2024 Available Funds (After funding previously committed two-year grants): $860,000 o 2024 Cash Requests: $1,344,000 Health & Human Services (HHS): o 2024 Budget: $225,200 o 2024 Available Funds: $137,800 o 2024 Cash Requests: $852,000 Community Non-Profit (CNP): o 2024 Budget: $568,350 25 2 o 2024 Available Funds: $489,350 o 2024 Cash Requests: $1,145,000 DISCUSSION: For 2024, the grants steering committee considered the wide gap between funding requests and grants division budgets. While in previous years it was possible to provide substantial funding to most applicants who met basic standards of merit, this year was more challenging. To allocate available resources toward higher-performing applications, the minimum threshold to receive funding was slightly increased in the Community Non-Profit and Health & Human Services divisions. This results in funding over 50% of the HHS and CNP applicants. The steering committee recommends this approach, which results in no funding awarded to the lowest-performing applications in the HHS and CNP grant divisions, thereby increasing funding allocations for those organizations of higher merit. This funding methodology aligns the city’s grants with peer grantmakers in the area, including the Aspen Community Foundation, Aspen Skiing Company, and Pitkin County’s Healthy Community Fund. These organizations tend to fund between 15% and 75% of applications in their programs. The city’s breakdown of the percentage of applications to receive some level of funding for each division is as follows: Arts & Culture: 75% Community Non-Profit: 80% Health & Human Services: 68% While this approach represents a minor shift in City of Aspen grantmaking, it aligns with grantmaking best practices and is responsive to budget constraints. In addition, these recommendations preserve Council’s direction to ensure that small requests are not overlooked given the rise of larger requests. This year’s funding awards are less than what organizations are accustomed to, particularly in HHS. Still, the steering committee believes the recommendations presented in this memo balance funding a large breadth of applicants and available resources as effectively as possible. For in-kind grants of city services and facilities, the closure of the Wheeler Opera House through the end of 2024 due to the installation of a new rigging system means that fewer in-kind grants for the Wheeler can be awarded in this cycle. All other in-kind applications outside the Wheeler met the threshold to receive support and are recommended for funding. The recommendations outlined in this memo highlight the need for a more extensive discussion on grants program policies to ensure a sustainable and impactful community program. Based on the direction given in a work session on this topic on January 22, 2024, the grants steering committee will return to Council in the late summer of 2024 with 26 3 revised policy proposals designed to ensure an effective and responsive program long into the future. ALTERNATIVES: Council may choose to provide staff with new direction on how funds should be allocated. These options could include: Funding a higher percentage of organizations at a lower award percentage. Funding a lower percentage of organizations at a higher award percentage. Adjustments to grant program budgets. FINANCIAL IMPACTS:There are no new financial impacts associated with the approval of this resolution, as all necessary funding has already been allocated in the 2024 budget by Council. The total amount recommended for distribution is: Arts & Culture Grant o Funding Source: Arts & Culture Fund o 2024 Available Funding: $860,000 o Recommended Total Award: $859,900 Community Non-Profit Grant o Funding Source: General Fund o 2024 Available Funding: $489,350 o Recommended Total Award: $489,300 Health & Human Services Grant o Funding Source: General Fund o 2024 Available Funding: $137,900 o Recommended Total Award: $137,800 ENVIRONMENTAL IMPACTS: There are no direct environmental impacts associated with this resolution. However, the overall grants program philosophy, previously adopted by Council, emphasizes the importance of supporting organizations that protect our natural environment. RECOMMENDATIONS:Staff recommends approval of Resolution No. 042, Series of 2024, finalizing the grant funding recommendations described in Attachment A. CITY MANAGER COMMENTS: ATTACHMENT A – 2024 Discretionary Non-Profit Grant Funding Recommendations ATTACHMENT B – Resolution No. 042, Series of 2024 27 RESOLUTION #042 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE RECOMMENDATIONS OF THE GRANTS REVIEW COMMITTEE AND GRANTS STEERING COMMITTEE TO PROVIDE GRANT SUPPORT TO NON-PROFIT ORGANIZATIONS SERVING THE ASPEN COMMUNITY WHEREAS, the Aspen area is fortunate to have many non-profit organizations that support the community; and WHEREAS, City Council has established an overall program philosophy for the grants program, supported by strategic focus areas for each grant program; and WHEREAS, City Council has established a grants steering committee to support the City’s grants program; and WHEREAS, said steering committee has established three volunteer review committees to assess and score submitted applications for alignment with the overall grants program philosophy and strategic focus areas and other review criteria; and WHEREAS, these volunteer review committees, in conjunction with the grants steering committee, have issued recommendations of funding for the consideration of City Council 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 funding recommendations attached hereto. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 26 th day of March 2024. Torre, Mayor 28 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 26, 2024. Nicole Henning, City Clerk 29 Funding Recommendations: Arts & Culture Organization Funding Request Final Funding Recommendation Funding Term 5Point Film Festival $20,000.00 $ 16,100 1 AIF - Aspen Indigenous Foundation $35,000.00 $ 25,300 1 Anderson Ranch Arts Center $90,000.00 $ 79,800 1 Andy Zanca Youth Empowerment Program $5,000.00 $ 4,400 2 Aspen Art Museum $80,000.00 $ 48,900 1 Aspen Community Theatre $30,000.00 $ 19,800 1 Aspen Dance Connection $5,647.00 $ - - Aspen Film - Independent Films Inc. $100,000.00 $ 72,900 1 Aspen Fringe Festival $10,000.00 $ 7,500 2 Aspen Music Festival and School $100,000.00 $ 87,800 1 Aspen Santa Fe Ballet $85,000.00 $ 67,200 1 Aspen Words - The Aspen Institute $45,000.00 $ 35,900 1 Carbondale Clay Center $10,000.00 $ - - Dance Aspen $45,000.00 $ 33,100 1 Dance Initiative $16,000.00 $ 11,100 1 Inspire Aspen Foundation $10,000.00 $ - - Jazz at Aspen Snowmass $100,000.00 $ 48,900 1 Justice for Migrant Women $100,000.00 $ - - Resnick Center for Herbert Bayer Studies - The Aspen Institute $40,000.00 $ 31,400 1 Roaring Fork Friends of the Theatre - Thunder River Theatre Company $45,000.00 $ 35,200 1 Rock and Roll Academy Aspen $10,000.00 $ - - Sarah Pletts Dance Theatre, Ltd. $44,522.00 $ - - SoL- Stage of Life Theatre Company $30,000.00 $ 22,200 1 Sopris Theatre Company - CMC Foundation $7,900.00 $ 6,000 1 The Art Base - Wyly Community Arts $75,000.00 $ 48,900 1 The Arts Campus at Willits (TACAW) $75,000.00 $ 62,000 1 Theater Masters $25,000.00 $ 18,200 1 Theatre Aspen $85,000.00 $ 77,300 1 VOICES $20,000.00 $ - - 30 Funding Recommendations: Health & Human Services *All applicants to receive a one-year funding term Organization Funding Request Final Funding Recommendation A Way Out, Inc. $27,000.00 $ 6,900 Alpine Legal Services, Inc. $92,352.00 $ - Aspen Camp of the Deaf & Hard of Hearing $10,000.00 $ 5,800 Aspen Psychedelic Resource Center $10,000.00 $ - Aspen Strong - HeadQuarters $25,000.00 $ - AspenOUT $10,000.00 $ 5,900 Bridging Bionics Foundation LLC $10,000.00 $ 5,700 Callie's Backyard Foundation Inc. $15,000.00 $ - Catholic Charities $20,000.00 $ 6,400 Community Health Services, Inc. $36,000.00 $ 7,800 Cook Inclusive $34,500.00 $ - Elected Leaders Collective Foundation $9,999.00 $ - Endless Pawsibilities Service Dogs $8,500.00 $ - Family Resource Center of the Roaring Fork Schools $20,000.00 $ 6,300 Great Expectations - Family Visitor Programs $100,000.00 $ 9,200 LIFT UP $30,000.00 $ 7,200 Mind Springs Health $100,000.00 $ 7,200 Mountain Valley Developmental Services $15,000.00 $ 6,100 Pathfinders $10,000.00 $ 5,900 Planned Parenthood of the Rocky Mountains $50,000.00 $ 9,100 Recovery Resources $25,000.00 $ - Response $25,000.00 $ 6,900 River Bridge Regional Center, Inc $10,000.00 $ 5,800 Smiling Goat Ranch $7,500.00 $ 5,600 The Buddy Program (TBP) $50,000.00 $ 8,100 West Mountain Regional Health Alliance $49,995.00 $ 8,000 Western Slope Veterans Coalition $10,000.00 $ - WindWalkers $50,000.00 $ 7,200 YouthZone - Garfield Youth Services $25,000.00 $ 6,700 31 Funding Recommendations: Community Non-Profit *All applicants to receive a one-year funding term Organization Funding Request Final Funding Recommendation Aspen Cancer Conference $2,000.00 $ - Aspen Center for Environmental Studies $25,000.00 $ 15,900 Aspen Cycling Club Inc. $10,000.00 $ 7,000 Aspen Education Foundation $30,600.00 $ 17,500 Aspen Historical Society $35,000.00 $ 18,100 Aspen Journalism $30,000.00 $ 18,000 Aspen Public Radio - Roaring Fork Public Media, Inc. $100,000.00 $ 45,600 Aspen Science Center $20,000.00 $ 12,100 Aspen Sister Cities Program, Inc. $20,000.00 $ 13,400 Aspen Valley Ski and Snowboard Club $65,000.00 $ 34,300 Aspen Youth Center $35,000.00 $ 21,900 Call 811 Careers Pitkin - Eagle - Garfield Damage Prevention Council $10,000.00 $ - Carbondale Community Nonprofit Center / Third Street Center $45,000.00 $ - Casa of the Ninth $10,000.00 $ 7,100 Challenge Aspen $10,000.00 $ 7,500 Clean Energy Economy for the Region (CLEER) $50,000.00 $ - Crested Butte Nordic Council $6,000.00 $ - Early Learning Center of Aspen, Inc $49,999.00 $ 26,900 English in Action $10,000.00 $ 7,900 Explore Booksellers Aspen $100,000.00 $ - Focused Kids $37,972.00 $ 20,300 Gentlemen of Aspen Rugby Football Club $10,000.00 $ 7,200 GrassRoots Community Network $81,870.00 $ 31,300 High Country Volunteers $36,000.00 $ 18,400 Independence Pass Foundation $20,000.00 $ 13,100 Junior Achievement of the Roaring Fork Valley $7,500.00 $ 5,700 KDNK - Carbondale Community Access Radio, Inc. $15,000.00 $ 8,900 RFC - Roaring Fork Conservancy $10,000.00 $ 7,500 Roaring Fork Bears $10,000.00 $ - 32 Roaring Fork Cycling $10,000.00 $ 6,800 Roaring Fork Leadership $30,000.00 $ 15,700 Roaring Fork Mountain Bike Association - RFMBA $10,000.00 $ 7,500 Sopris Sun $49,000.00 $ 26,300 Spring Gulch Nordic Trail System - Mt Sopris Nordic Council $8,000.00 $ - Stepping Stones of the Roaring Fork Valley $8,000.00 $ 6,500 Summit54 $49,999.00 $ 27,000 The Aspen Institute $25,000.00 $ 14,200 The Farm Collaborative $49,000.00 $ 25,000 Wilderness Workshop $10,000.00 $ 7,100 Wildwood School Inc. $4,500.00 $ 3,500 33 Funding Recommendations: In-Kind Organization Program Funding Request (Cash Value) Final Recommendation (Cash Value of In-Kind Donation) AspenOUT - Roaring Fork Gay and Lesbian Fund HHS $15,000.00 $ 15,000 Aspen Figure Skating Club Community $26,500.00 $ 25,000 Aspen Junior Hockey Inc. Community $46,000.00 $ 46,000 Aspen Mother Puckers Community $4,240.00 $ 4,240 Aspen Public Radio Community $7,092.00 $ 4,500 Gentlemen of Aspen Rugby Football Club Community $3,795.00 $ 3,000 Revolutions Skating Club, Inc. Community $15,000.00 $ 10,000 Silver City Gymnastics Community $1,000.00 $ 1,000 The Aspen Swim Club Community $30,000.00 $ 18,000 Aspen Community Theatre Arts & Culture $20,000.00 $ - 5Point Film Festival Arts & Culture $5,000.00 $ 600 Aspen Film Arts & Culture $5,000.00 $ 4,500 Aspen Fringe Festival Arts & Culture $10,000.00 $ 4,500 Aspen Indigenous Foundation Arts & Culture $5,500.00 $ - AspenOUT - Roaring Fork Gay and Lesbian Fund Arts & Culture $2,500.00 $ 2,500 Aspen Santa Fe Ballet Arts & Culture $3,100.00 $ 600 Dance Aspen Arts & Culture $4,500.00 $ 2,500 Inspire Aspen Foundation Arts & Culture $7,000.00 $ 2,500 Jazz at Aspen Snowmass Arts & Culture $12,706.00 $ 9,800 Sopris Theatre Company Arts & Culture $4,775.00 $ 4,500 Rock and Roll Academy Aspen Arts & Culture $3,000.00 $ - 34 Page 1 of 2 MEMORANDUM TO:Mayor and City Council FROM:Chris Everson, Affordable Housing Development Project Manager THRU:Rob Schober, Capital Asset Director DATE OF MEMO:March 15, 2024 MEETING DATE:March 26, 2024 RE:Resolution #43 of 2024: Contract #2024-025, Environmental Consulting Services for the Lumberyard Affordable Housing Project REQUEST OF COUNCIL:Staff is requesting approval of attached Resolution #43 of 2024 and associated Exhibit A proposed contract between the City of Aspen and Anser Advisory for Environmental Consulting Services for the Lumberyard Affordable Housing Project. PREVIOUS COUNCIL ACTION:In September 2023, Aspen City Council approved the Lumberyard affordable housing project entitlements under Ordinance 10 of 2023. Aspen City Council subsequently approved the 2024 capital project budget in the amount of $14,250,000 for the implementation of the Lumberyard phase 0 infrastructure, which includes demolition and recycling of the existing facilities as well as site grading, utility installation and access infrastructure construction. BACKGROUND:Staff transmitted a Lumberyard affordable housing project update to City Council on February 13, 2024. Per the update memo, “The design team has begun to spin off production of construction level plans and specifications for the demolition and recycling portion of the phase 0 construction effort.” Ther project team has long anticipated that there is a likely presence of asbestos in the existing retail building at the project site. There may also be asbestos present in at least one of the other existing buildings on the site. Routine asbestos mitigation will be needed if asbestos is found. The project team has previously commissioned and published a Phase I Environmental Site Assessment (ESA), and although there appeared no conditions which require a Phase II ESA, there are conditions which have caused the project’s environmental scientist under contract as part of the design team to recommend a Phase II ESA, in the best interest of the City of Aspen, its contractors and the general public. Such conditions include historical underground storage tanks and an existing abandoned surface fueling station. DISCUSSION:The environmental consulting services included in the attached contract in the amount of $114,883 will provide necessary information about the appropriate approach to any environmental mitigation which may be needed as part of the Lumberyard affordable housing phase 0 demolition and infrastructure construction. The scope of services included in the attached contract is expected to be completed before the end of May and includes the following effort: Asbestos Survey, $29,086 – Field work will include collection of samples in all site structures and inventory of regulated building materials for removal prior to demolition. Laboratory analysis and reporting is also included. 35 Page 2 of 2 Lead Survey, $2,537 – Field work will include collection of samples in all site structures and inventory of materials for removal prior to demolition. Lab testing and reporting are also included. Phase II Environmental Site Assessment (ESA), $83,260 – The Phase II ESA effort will involve utility clearances, geophysical investigation (test pits and soil boring), soil sampling, soil gas sampling, and waste characterization of debris and includes field work labor, laboratory testing and reporting. Upon completion of testing, a health and safety plan will be prepared to guide the phase 0 demolition and infrastructure construction work in the event that petroleum hydrocarbons and/or hazardous substances are found. The purpose of the health and safety plan is to provide information to minimize the likelihood of exposureto City employees, its contractors or the general public to any hazardous substances which may be found. In response to the City’s Request for Proposals (RFP) for this scope of work, Anser Advisory was one of two firms which submitted a proposal for this scope of work. The other proposing firm was deemed unqualified and their bid for the requested scope of work was incomplete. Anser Advisory is a project advisory firm and is part of the renown consulting firm Accenture. Anser Advisory will be subcontracting much of the field work to a qualified third party. While staff estimates that this arrangement is coming at a premium, this provides ample risk mitigation for the City of Aspen and will also enable the project to continue to move forward on the schedule which was transmitted to Council in the February 13, 2024 project update memo. FINANCIAL/BUDGET IMPACTS:The table below shows multi-year project budget, expenditures and commitments to date for the Lumberyard affordable housing development project. Year Annual Budget Carried Fwd Total Authority Expenditures Commitments Remaining 2019 $175,000 $0 $175,000 $113,041 2020 $400,000 $61,960 $461,960 $412,886 2021 $850,000 $48,780 $898,780 $407,724 2022 $1,500,000 $445,411 $1,945,411 $1,238,112 2023 $1,500,000 $707,298 $2,207,298 $917,757 2024 $14,250,000 $1,289,541*$15,539,541 $553,637 $1,088,919 $13,896,985 * Pending 2024 spring supplemental budget process ** Historic project costs prior to 2019, such as land acquisition and annexation, total $29.5 million The contract proposed herein would add a 2024 commitment of $114,883 and also a possibility of additional services in an amount of $33,146 for abatement contractor procurement assistance, abatement oversight, and reporting, if needed and if exercised. RECOMMENDED ACTION:Staff recommends approval of Resolution #43 of 2024, proposed contract between City of Aspen and Anser Advisory. CITY MANAGER COMMENTS: ____________________________________________________________________________ ATTACHMENTS:Exhibit A: Resolution #43 of 2024, proposed contract between City of Aspen and Anser Advisory 36 RESOLUTION #43 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND ANSER ADVISORY, 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 professional services agreement between the City of Aspen and Anser Advisory, a true and accurate copy of which is attached hereto as “Exhibit A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the professional services agreement between the City of Aspen and Anser Advisory, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 26th 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 26, 2024. Nicole Henning, City Clerk 37 Agreement Professional Services Page 0 Updated 1/2024 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2024-025 AGREEMENT made this 6th 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) 920-5079 And the Professional: Anser Advisory c/o Travis Guerette 601 Gyrfalcon Court, Unit A Windsor, CO 80550 303-944-9288 Travis.guerette@anseradvisory.com For the Following Project: Environmental Consulting Services for the Lumberyard Affordable Housing Project 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: Resolution No.: Exhibit A: Scope of Work and Fee Schedule in Anser Advisory Proposal Total: $114,883.00 DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 2024-043 March 26, 2024 38126 Agreement Professional Services Page 1 Updated 1/2024 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 5/24/2024. 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 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. 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 relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 39127 Agreement Professional Services Page 2 Updated 1/2024 use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 40128 Agreement Professional Services Page 3 Updated 1/2024 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 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 DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 41129 Agreement Professional Services Page 4 Updated 1/2024 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 employment-related decision or benefit on account of actual or perceived race, DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 42130 Agreement Professional Services Page 5 Updated 1/2024 color, religion, national origin, gender, physical or mental disability, age, 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. (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 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. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 43131 Agreement Professional Services Page 6 Updated 1/2024 (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 Parti es, 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: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 44132 Agreement Professional Services Page 7 Updated 1/2024 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 attached Exhibit A. 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: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 45133 Agreement Professional Services Page 8 Updated 1/2024 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 Standard Terms & Conditions Architectural Services Agreements can be found on city website https://aspen.gov/1517/Purchasing JPW-3/6/2024- M:\city\cityatty\arch\ag1-981.doc DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3D 3/12/2024 | 4:51:53 AM MDT Vice President Travis Guerette DocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 46134 REQUEST FOR PROPOSALS 2024-25 ENVIRONMENTAL CONSULTING SERVICES for the Lumberyard Affordable Housing Project DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 47135 TABLE OF CONTENTS 1. Cover Letter 2. Firm Information 3. Qualifications & Availability of Proposed Team 4. Similar Project Experience 5. References 6. Fee Proposal Workbook i 1 2 6 8 9 Anser Advisory Lumberyard Affordable Housing Project Environmental Consultant Services DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 48136 Anser Advisoryi |Lumberyard Affordable Housing Project Environmental Consultant Services February 19, 2024 City of Aspen Purchasing Department 427 Rio Grande Place Aspen, CO 81611 (970) 920-5059 RE: REQUEST FOR PROPOSALS 2024-025 ENVIRONMENTAL CONSULTING SERVICES FOR THE LUMBERYARD AFFORDABLE HOUSING PROJECT Dear Members of the Selection Committee, We at Anser Advisory (Anser), formerly RLH Engineering, Inc., are pleased to submit this letter and enclosed information regarding our firm, experience, and qualifications for the proposed City of Aspen 2024-2025 Lumberyard Affordable Housing Environmental Consulting Services. Our firm has been in business in the state of Colorado for more than 32 years, providing both environmental consulting and project management services since its inception. We have completed more than 1,300 environmental consulting engagements, involving asbestos, lead, radon, mold, regulated building materials and demolition; and have served as project managers for various clients on 48 bond and capital improvement programs. Anser in general and the project team specifically have extensive experience with similar projects involving sites with multiple components such as yours with buildings ranging from metal storage to residential apartments. Anser is a registered Asbestos Consulting Firm with the Colorado Department of Public Health and Environment, and all team members proposed in this submittal maintain active certifications in hazardous material disciplines relative to the Environmental Consulting Services RFP. We accept and are fully qualified to participate in the initial investigation, procurement and oversight of General Abatement Contractors and soil investigations for the duration of this solicitation. In serving a clientele that includes 9 State of Colorado Higher Education entities, and over 30 K-12 School Districts, we have gained specialized experience in multi-building investigations and remediation. We appreciate the opportunity to be considered for these services and are confident our experience and expertise will make us a valuable member of your project team. Please feel free to contact us if you have any questions regarding our qualifications. Sincerely, Travis Guerette, LEED AP Vice President/Managing Director, Mountain Region 601 Gyrfalcon Court, Unit A Windsor, CO 80550 (M) 303.944.9288 travis.guerette@anseradvisory.com DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 49137 1 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services 2. Firm Information Anser Advisory is a national firm specializing in capital program advisory and consulting services, including strategy, funding, process, organization preparedness, as well as environmental consulting, project, program and agency construction management and controls. Anser services a wide range of end markets, including transportation, energy, aviation, K-12 and higher education, state/local government, healthcare, water/ sewer, cultural, housing, and corporate commercial. Anser has well-established relationships with clients and other professionals within Colorado. Locally, our firm specializes in project/ program management for new construction and renovations and environmental consulting for asbestos, lead, radon and mold, including building survey, abatement design and management plans. Anser (formerly RLH Engineering, Inc.) has served as a CDPHE-registered Asbestos Consulting Firm as defined under Regulation 8, Part B (5 CCR 1001-10, Part B) for more than 34 years, and has a principal place of business located in Windsor, Colorado which emphasizes personal service. Beyond our technical capabilities, we seek to serve our clients by providing timely, quality and personalized attention to the many facets of our consulting work. We believe our clients deserve sensitivity and responsiveness, particularly when projects are highly visible, environmentally sensitive and complex. We are committed to fulfilling these objectives for each unique engagement. With over 34 years of experience providing services to our clients throughout Colorado, we provide the highest level of project management and environmental services that enables communication transparency and quality. Our team takes on the complex tasks of managing projects from assessment through closeout. The Anser Advisory team has a long history managing the abatement of Colorado construction projects. Our previous work with the major architects, engineers, and contractors serving Colorado’s market allows us to assemble the most qualified, trusted, and effective teams on our client’s behalf. We provide a 100% commitment to protecting the interests and investments of our clients by creating a cooperative partnership to achieve project goals and objectives. The proposed Anser team has completed over $4 billion in total construction value in education facility construction and abatement throughout Colorado, including over 2,800 environmental projects providing services to school district clients. Our team has decades of experience in Colorado providing environmental services to clients, and the City of Aspen will be proactively provided with the right resources, lessons learned approach, and team coordination and relationship management to enable success on the City’s proposed Lumberyard Affordable Housing Project. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 50138 2 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services 3. Qualifications & Availability of Proposed Team Vendor Contact Zachary Minniear will serve as our team’s director and contract administrator, and provide high level resource management throughout the duration of our engagement. He can be contacted for all matters pertaining to our services with the City. Staff Capabilities & Qualifications We will provide focused and dedicated leadership to your project and will manage each phase to align with the City’s requirements and timelines. Our personnel are specifically selected and assembled with our individual client’s needs in mind. Our proposed project management staff have dedicated the appropriate available resources and possess the best aligned local construction knowledge necessary to complete the work. The timing of this project has allowed us to propose staff members we believe to be an exceptional fit and value for the City’s bond projects. Zachary Minniear will act as the Project Director, working closely with Mark Brady, Project Manager, and our Technicians. Zachary Minniear Director 601 Gyrfalcon Court, Unit A Windsor, CO 80550 (M) 303.710.1439 zachary.minniear@anseradvisory.com MARK BRADY Project Manager & Day-to-Day Point of Contact JAKE OSKVAREK Project Technician ZACHARY MINNIEAR Project Director Additional technician and support staff available as needed. TRAVIS GUERETTE LEED AP Managing Director Resumes of our proposed team are attached following this section. As needed during the project, we have a variety of in-house experts ready to serve the City. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 51139 3 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services SECTION 3 (CONT.) TRAVIS GUERETTE LEED AP Managing Director • 24 Years of Experience Project Experience COLORADO STATE UNIVERSITY - EDDY HALL »Abatement Cost - $607,292 »Building ACM Survey »Authored abatement method variance which was approved by CDPHE and saved CSU substantial abatement fee and schedule MAPLETON PUBLIC SCHOOLS - SKYVIEW HIGH SCHOOL »Abatement Cost - $1,900,000 »Provided design documents, air monitoring, project management to remove acoustical spray, block filler, pipe fittings, TSI materials and contaminated soil. WELD COUNTY SCHOOL DISTRICT RE-6 »Design/overseer of over 100 asbestos abatement projects »Greeley West HS Abatement Cost - $405,333 »Heath Middle School Abatement Cost - $810,000 ADDITIONAL ENVIRONMENTAL EXPERIENCE Douglas County School District, St. Vrain Valley School District, Executive Tower Inn, Town of Severance, Colorado State University, Boulder County School District, Weld County School District RE-4, Weld County School District RE-2, Weld County School District RE-3J, Weld County School District RE-1, Adams County School District 14, School District 27J (Brighton) Travis joined Anser Advisory with a Bachelor of Science in Environmental Health. Travis’ strong communication skills and a solid background in construction have equipped him for owner’s representative services during school bond improvement programs. These services include coordinating the work of designers and contractors for renovation and new construction. Education Bachelor of Science in Environmental Health, Colorado State University Certifications »Leadership in Environmental Energy Design (LEED) Accredited Professional (AP) »Construction Management Certification Program, Colorado State University »Building Inspector and Asbestos Project Designer; Management Planner; Air Monitoring Specialist, CDPHE ZACHARY MINNIEAR Project Director • 11 Years of Experience Project Experience DENVER PUBLIC SCHOOLS »Abatement Cost - $101,213 »Project Manager for abatement design, bidding, contract administration and air clearance services for HVAC upgrade. »Abatement was performed while school was in session. Materials included pipe coverings, molded fittings, floor tile, mastics and three central plant boilers. WELD COUNTY SCHOOL DISTRICT RE-6 - JOHN EVANS MIDDLE SCHOOL »Project Manager for abatement and demolition. »107,000 squre feet of asbestos-containing materials that were abated and the building demolished. MAPLETON PUBLIC SCHOOLS GLOBAL INTERMEDIATE ACADEMY »$446,983 Abatement Cost »Project Manager for abatement/RBM design, bidding, contract administration and sir clearance services. »82,000 squre feet of asbestos containing material that was abated. COLORADO STATE UNIVERSITY - HUGHES STADIUM »$527,435 Abatement Cost »Project Manager for asbestos/RBM abatement »Abatement design services, complete abatement and onsite observation/air monitoring. Zach has worked on numerous environmental and owner’s representation projects throughout Colorado; services include coordinating the work of Architects, Contractors, and 3rd Party Consultants for school bond improvement programs and special district recreation centers, as well as asbestos abatement investigation, design, bidding, and contract administration. Education Bachelor of Science in Environmental Health, Colorado State University Certifications »Building Inspector and Asbestos Project Designer; Management Planner; Air Monitoring Specialist, US Environmental Protection Agency »Air Monitoring Specialist, NIOSH 582E, US Environmental Protection Agency and State of Colorado »Project Designer and Lead Inspector, US Environmental Protection Agency DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 52140 4 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services JAKE OSKVAREK Project Technician • Two Years of Experience As a Project Technician for Anser, Jake’s primary responsibilities include air monitoring, asbestos inspections, project coordination and assisting in project design/bidding. Project Experience GREELEY WEST HIGH SCHOOL »On-site daily ambient air monitoring, final visual inspections and air clearances »Contract oversight during asbestos abatement WELD COUNTY SCHOOL DISTRICT 6 »District wide asbestos building inspections. Initial investigation, field sampling and re-port preparation »Extensive asbestos inspections performed in 20 large schools, modulars and newly purchased buildings working around stu-dent and staff schedules »Develop improved AHERA management plan documents utilizing district databases and blueprints CLEAR CREEK SCHOOL DISTRICT RE-1 »Full inspections of over 100,000 SF building. Design and Bidding for Abatement cont, On site mgmt. including air monitoring for 8 months Education Bachelor of Science, Journalism, Colorado State University Certifications »Building Inspector, Project Designer, Air Monitoring specialist - US Environmental Protection Agency and State of Colorado, HAZWOPER SECTION 3 (CONT.) MARK BRADY Project Manager • 11 Years of Experience As a Project Manager, Mark’s primary responsibilities include project investigation, asbestos surveys, air monitoring, project coordination, assisting in design/bidding, and project oversight. Mark is also an experienced lead inspector. Project Experience UNIVERSITY OF COLORADO FACULTY STAFFING HOUSING »Project manager for inspection, design, bidding and abatement of five buildings. Managed demolition and site restoration. PLATTE VALLEY MIDDLE SCHOOL »Active abatement with summer school in session and kids in the building. »Provided on-site daily air monitoring and contract administration during asbestos abatement THOMPSON VALLEY SCHOOL DISTRICT »Assisted in the implementation of new Management Plans for 32 facilities »Lead Inspector for more than $700,000.00 in abatement projects over multiple facilities »Abatement design services, complete abatement and onsite observation ADDITIONAL ENVIRONMENTAL EXPERIENCE: Colorado School of Mines, Denver Public Schools, Yuma School District, Weld County School Districts, Douglas County School District, St Vrain Valley School District, Archdiocese of Denver, UC Health (multiple facilities), Boulder Housing Partners, Boulder County and other government facilities (NOAA, NIST, USFS). Previously certified to work as inspector and supervisor in MT, ND, UT, NE and IA. Experience with air monitoring and project management in Colorado, UT, MT, WY, AZ, ND, SD, NE. Education Bachelor of Science, Fisheries Biology, Colorado State University Certifications »Building Inspector, US Environmental Protection Agency and State of Colorado »Air Monitoring Specialist – HAZWOPER, U.S. Environmental Protection Agency »Colorado Dept. of Health Lead- Based Paint Inspector DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 53141 5 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services SECTION 3 (CONT.) Subconsultants Anser Advisory is subcontracting with The Vertex Companies, LLC (VERTEX) to provide certified industrial hygenist capabilities for all asbestos-related work. Mr. Alexander Johnson, M.S., CIH, Senior Industrial Hygenist will review sampling plans and will be included as a signatory on all asbestos reports. Field oversight will be done by Mark Brady, Asst. Project Manager with 10 years of experience and certified CDPHE Building Inspector, Air Monitoring Specialist, and Project Designer. Phase II Environmental Assessment Anser Advisory will also be subcontracting VERTEX for the Phase II investigation. VERTEX is a fast-growth, international firm that is consistently ranked as one of the best places to work based on the AEC industry’s largest employee experience survey. VERTEX’s core solutions include: Forensics, Engineering, Construction Project Advisory, and Environmental. We were founded in 1995 and currently have over 650 professionals with offices across North America. From our network of office and remote locations, VERTEX is within a 4-hour drive from all major U.S. metropolitan areas and has licensed PEs in all 50 states. To this day, VERTEX is led by its founding management team. Phase II sampling will include: · 4 Test pits to 4 ft below ground surface (bgs) with samples collected at 0-2 ft bgs and 2-4 ft bgs for Lead, Asbestos and Polycyclic Aromatic Hydrocarbons (PAHs). · 2 Test pits located in area of former USTs. Pits to be excavated and samples collected at 2 ft intervals and analyzed for Lead, BTEX, and potentially Total Petroleum Jydrocarbons. · 21 surface soils samples (0-2 ft bgs) to be analyzed for RCRA metals and PAHs. · 1 soil boring or test pit to 11 ft bgs with samples collected in 3 ft intervals to be analyzed for VOSs, SVOCs, RCRA Metals in addition to any landfill specific requirements. · 2 Composite sampling of 2 debris piles to be analyzed for VOSs, SVOCs, RCRA Metals in addition to any landfill specific requirements. · 9 soil gas samples from within planned footprint of proposed buildings to be analyzed for TOC by Method TO-15. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 54142 6 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services 4. Similar Project Experience Colorado School of Mines contracted Anser Advisory to provide Asbestos Survey services for six residential buildings located just off campus where a new dorm was planned for construction. The six buildings were complicated in nature, as half were built without building permits, and the other half had numerous renovations performed that created complicated structures to survey and document. Anser completed the surveys and performed Asbestos Abatement and Demolition Design/Bidding for all structures. Anser Advisory managed the asbestos abatement oversight, ensuring that the abatements were performed according to the specifications and documents, and within regulatory requirements, in order to protect the health of staff and students who walk by the site daily for access to campus. This project was highly visible and was sensitive in nature. Several structures required the buildings to have an exterior containment constructed around the buildings, to abate exterior materials. All structures that have been abated and demolished to date have been executed without incident. COLORADO SCHOOL OF MINES, 19TH AND ILLINOIS ABATEMENT AND DEMOLITION CONSULTING | COLORADO SCHOOL OF MINES Owner’s Contact: Mr. Clay Bosworth 1-303-273-3338 General Abatement and Demolition Contractor: Premier Environmental The Scope of Work included supplemental sampling in five buildings, design and oversight for abatement of approximately 8,545 SF of asbestos containing floor tile and mastic, 7,680 SF of asbestos containing block filler on concrete masonry block walls, 1,250 SF of asbestos containing cove base adhesive, 5,360 SF of asbestos containing textured drywall, 800 SF of asbestos containing window caulk and glaze, 18 EA sinks, 16 bathtubs with asbestos containing acoustical insulation, and 16 asbestos containing silver light shields. The Scope of Work included demolition of (4) 2-story brick and concrete buildings and (1) 2-story wood frame building with all utilities cut and capped. As part of the work, mercury lights, thermostats and PCB ballasts were removed as part of the abatement process. Anser Advisory (formerly RLH Engineering) designed, bid, and managed the abatement and demo project while working with CU, City of Boulder and Boulder Valley School District to address concerns associated with abatement and demo in close proximity to local High School and Boulder Creek Path. UNIVERSITY OF COLORADO, FACULTY STAFF COURT WEST ABATEMENT AND DEMOLITION CONSULTING | UNIVERSITY OF COLORADO, HOUSING FACILITIES SERVICES Owner’s Contact: Ms. Patricia McNally-Leef 720 563 7083 General Abatement and Demolition Contractor: All-Star Environmental DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 55143 7 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services SECTION 4 (CONT.) DENVER RESCUE MISSION ABATEMENT CONSULTING | DENVER RESCUE MISSION Denver Rescue Mission contracted Anser Advisory (formerly RLH Engineering) to perform full asbestos surveys of all of their existing facilities, in an effort to document and assess the existing condition of all facilities. Multiple facilities in downtown Denver were surveyed, in addition to The Harvest Farm Complex in Wellington that contained eight structures, and the Fort Collins Rescue Mission property. Properties surveyed included dormitories, residences, shelters, laundry buildings, dining halls, outbuildings, storage buildings, warehouses, all performed while the buildings were occupied. Our ability to perform asbestos surveys in occupied buildings, working around tenants, occupants, and staff, while utilizing state of the art methodologies and procedures to minimize potential exposure during sampling was tested on this project. All buildings were successfully surveyed with little to no impact to any building occupants. COLORADO STATE UNIVERSITY, RIGDEN FARMS ABATEMENT AND DEMOLITION CONSULTING | COLORADO STATE UNIVERSITY FACILITIES MANAGEMENT The Scope of Work included asbestos survey of 7 buildings previously part of CSU Ag Research Farm. Anser Advisory (formerly RLH Engineering) also prepared design and bid documents for the project including full containment outside for removal of friable roofing materials. Materials removed included approximately 11,695 SF of asbestos containing drywall texture and joint compound, 940 Sf of asbestos containing floor tile and mastic, 1,613 LF of miscellaneous caulking and glazing, 3 vibration dampeners, 2,116 SF of metal panels, 5,868 SF of asbestos containing filler on concrete and concrete masonry block walls, 2,960 SF of Transit panels, 96 mudded fittings, 87 Sf of Sheet Vinyl Flooring and 162 SF of adhesive on boards. Owner’s Contact: Mr. Brady Carlstrom 970-5671039 General Abatement and Demolition Contractor: Eagle Environmental Owner’s Contact: Mr. John Morarie 1-303-332-6058 General Abatement and Demolition Contractor: NA DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 56144 Lumberyard Affordable Housing Project Environmental Consultant Services 8 | Anser Advisory 5. References Anser Advisory has provided the following references for the City’s review. PATRICIA MCNALLY-LEEF, PMP SENIOR FACILITIES PROJECT MANAGER UNIVERSITY OF COLORADO BOULDER, HOUSING FACILITIES SERVICES PATRICIA.MCNALLYLEEF@COLORADO.EDU 970.454.3402 CLAY BOSWORTH PROJECT MANAGER/ARCHITECT SCHOOL OF MINES OFFICE OF DESIGN AND CONSTRUCTION NCBOSWORTH@MINES.EDU 512.954.5607 BRADY CARLSTROM PROJECT MANAGER COLORADO STATE UNIVERSITY BRADY.CARLSTROM@COLOSTATE.EDU 970.567.1089 JOHN MORARIE FORMER VICE PRESIDENT OF OPERATIONS DENVER RESCUE MISSION 303.332.6058 ALEX JOHNSEN, M.S., CIH SENIOR INDUSTRIAL HYGENIST II THE VERTEX COMPANIES, LLC 720.607.4575 DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 57145 9 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services 6. Fees Anser Advisory has provided the following fees for the City of Aspen’s review. Base Scope Lump Sum Fee & Proposal Asbestos $29,086.00 Lead $2,537.00 Phase II ESA $83,260.00 Alt. 1 Abatement Contractor Procurement $7,815.00 Alt. 2 Abatement (see Unit pricing for Assump�ons) $24,129.00 Alt. 3 Closeout $1,202.00 Total Lump Sum $148,029.00 Quan��es and Unit Pricing Asbestos Schedule – March 1-31 , 2024 Anser proposes to begin asbestos survey within two weeks of receiving No�ce to Proceed. We an�cipate the field survey to take 1 week with 2-3 weeks for finalizing the report. Field work will include collec�on of TCLP Lead samples and inventory of Regulated Building Materials (RBMs) for removal prior to demoli�on such as thermostats, exit signs, refrigerants, PCB containing light ballasts, etc. Labor Hrs./Units $/hr. Total CIH 6 $212.75 $1,276.50 PM 64 $98 $6,272.00 Tech 138 $80.5 $11,109.00 Total $18,657.50 Reimbursables Unit $ Total Laboratory Bulk Samples 500 each $9.78 $4,890.00 Point Counts 50 each $20.4 $1,020.00 Sub Total $5,910.00 Mileage 700 miles $0.67 $469.00 Per Diem 12-man days $50.00 $600.00 Lodging 9-man days $150 $1,350.00 Subcontractors 28 $75 $2,100.00 Sub Total $4,519.00 Total $10,429.00 $29,086.50 DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 58146 10 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services Lead - March 1-31 , 2024 Anser proposes to collect TCLP Lead samples in conjunc�on with asbestos sampling field work. Work will begin within two weeks of receiving No�ce to Proceed. Results can be made available sooner, but our intent is to include when providing Asbestos Survey Report. Task Unit $ Total Sample Collec�on 4 hrs. $98/hr. $392.00 Laboratory 11 each $195 $2,145.00 Total $2,537.00 Phase II ESA – Phase II tes�ng and repor�ng is an�cipated to take 3-4 weeks from No�ce to Proceed. Depending on various factors (�me of year, driller availability, etc.) total schedule could be worst case 6-8 weeks from NTP. Task $ Project Management, U�lity Clearance, HASP, Equipment Expense $6,129.50 Fieldwork Labor $12,190.00 Subcontractor Costs $41,256.25 Lab $14,829.25 Phase II LSI Report $8,855.00 Total $83,260.00 Alternate 1 - Abatement Contractor Procurement Design – Prepara�on of Abatement Specs and CDs will begin immediately a�er finalizing Survey reports. Development of design documents is an�cipated to take approximately 1 week. Labor HRs $ Subtotal CIH 1 $212.75 $212.75 PM 16 $98 $1,568.00 Tech 24 $80.5 $1,932.00 Reimbursables 6 75 $450.00 Total $4,162.75 Bid – Schedule for procuring abatement contractor is an�cipated to be a 2–3-week �meframe from issuance of Invita�on to bid, bid walk, response to RFIs and bid submission. This can follow immediately a�er comple�on of specifica�ons and CDs although if overall schedule allows, avoiding end of May through June will allow for less compe��on for contractors due to K-12 schoolwork and could result in beter rates and availability from General Abatement Contractors. Work will involve compiling bid package (Invita�on to Bid, Bond Agreements if required, General contract Condi�ons, etc.), distribu�on of bid package to approved / qualified contractors, atending on site bid walk, response to ques�ons, prepara�on of addendum if needed, bid opening (assuming virtual but on site can be accommodated)l and recommenda�on of award. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 59147 11 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services Labor HRs $ Total PM 24 $98.00 $2,352.00 Technician 12 $80.50 $966.00 Reimbursables $335.00 Total $3,653.00 Alternate 2 –The proposed schedule assumes a 3-week abatement. Unit rates reflect Anser Advisory’s 2024 Billing Rates. Labor Hrs $ Total Contract Management / Oversight 36 $98.00 $3, 258.00 OAC 36 $98.00 $3,258.00 AMS 15 $800.00/day $12,000.00 Reimbursables $5,814.00 Total $24,129.00 Alternate 3 – Closeout Report - The proposed costs for this alternate have no reimbursables. Labor Hrs $ Total PM 4 $98.00 $392.00 Project Asst 15 $54.00 $810.00 Total $1,202.00 DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 60148 March 1, 2024 City of Aspen Purchasing Department 427 Rio Grande Place Aspen, CO 81611 (970) 920-5059 RE: SUPPLEMENTAL PROPOSAL for 2024-025 ENVIRONMENTAL CONSULTING SERVICES FOR THE LUMBERYARD AFFORDABLE HOUSING PROJECT Dear Members of the Selection Committee, We at Anser Advisory (Anser), formerly RLH Engineering, Inc., appreciate the opportunity to provide additional information in support of our proposal for the proposed City of Aspen 2024- 2025 Lumberyard Affordable Housing Environmental Consulting Services. Our firm has been in business in the state of Colorado for more than 32 years, providing both environmental consulting and project management services since its inception. We have completed more than 1,300 environmental consulting engagements, involving asbestos, lead, radon, mold, regulated building materials and demolition; and have served as project managers for various clients on 48 bond and capital improvement programs. Anser in general and the project team specifically have extensive experience with similar projects involving sites with multiple components such as yours with buildings ranging from metal storage to residential apartments. In addition, Anser has chosen to partner with VERTEX Companies (VERTEX) due to their excellent record and extensive experience with Phase II Environmental Site Assessments. • The scope presented here is unchanged from our original proposal. We have added supplemental information to aid in your selection process. • The cost estimate included in our original proposal is unchanged. • Resumes of key VERTEX employees proposed for this work are attached. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 61149 We appreciate the opportunity to be considered for these services and are confident our experience and expertise will make us a valuable member of your project team. Please feel free to contact us if you have any questions regarding our qualifications. Sincerely, Travis Guerette, LEED AP Vice President/Managing Director, Mountain Region 601 Gyrfalcon Court, Unit A Windsor, CO 80550 (M) 303.944.9288 travis.guerette@anseradvisory.com DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 62150 Phase II Environmental Site Assessment: Anser Advisory and Vertex Company (Project Team) propose to conduct a Phase II Environmental Site Assessment (ESA) to assist the City of Aspen in developing the project site for affordable housing. The Phase II ESA will involve Utility Clearances, Geophysical Investigation, Soil Sampling, Soil Gas Sampling, and Waste Characterization of Debris as outlined in the RFP. Resumes of key personnel proposed for this work are attached. A Health & Safety Plan (HASP) will be prepared to guide the conduct of the work in the event that petroleum hydrocarbons and/or hazardous substances are encountered during the performance of the field activities. It is the policy of VERTEX to prepare a HASP for sites where petroleum hydrocarbons and/or hazardous substances may be present. The purpose of the HASP is to minimize the likelihood of exposure of general public, VERTEX employees and other contractors on site to hazardous concentrations of chemicals during field activities, minimize impacts to the environment, and provide guidelines for subcontractors. It is the responsibility of subcontractors, however, to conduct the work in accordance with their company’s HASP. At this time, it is anticipated that Occupational Safety and Health Administration (OSHA) personal protection Level-D work uniform consisting of hard hats, safety glasses, protective gloves, and steel-toed boots will be required by personnel in the work areas. 1.1 Utility Clearance As part of the subsurface investigation, Project Team will contact appropriate local and state utility clearance companies prior to initiating the drilling activities. As necessary, Project Team will also coordinate with the property owners and/or subject property contacts, or obtain existing utility plans, in order to attempt to clear soil boring locations as being free of underground utilities. The Project Team proposes utilizing Colorado 811 for public utility locates and will investigate and contact private utility providers as needed for any additional utilities (cable, telecom, etc) not located by Colorado 811. 1.2 Geophysical Survey Ground Penetrating Radar (GPR) survey will be conducted on the entirety of the Builders First Source Lumberyard portion of the subject property to identify potential former underground storage tanks (USTs) and in targeted areas around the entire of the subject property including areas of the proposed soil borings at the direction of the Client to verity that no utilities are present and to identify potential anomalies (i.e., former underground storage tanks (USTs), tank graves, buried debris etc.) that may be present. If any subsurface anomalies are detected, the Project Team will consult with The City of Aspen and Slosky & Company to determine if additional soil and gas sampling locations are needed. 1.3 Soil Sampling The Project Team will collect soil and soil gas samples as outined in the RFP and detailed below. Sample locations are identified in the RFP and will not be changed without consultation with The City of Aspen and Slosky and Company. The Project DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 63151 Team proposes to engage Aspen Digger of Carbondale, CO for excavation work. • Excavate four test pits in the former location of the historic structures on the property (northwest corner) to a depth of approximately 4 feet below ground surface (ft bgs) (1 foot into native based on geotechnical boring logs). Collect two soil samples (0 to 2 and 2 to 4 ft bgs) from each test pit and analyze for Lead (Pb), Asbestos and Polycyclic Aromatic Hydrocarbons (PAHs). • Excavate two test pits: with one test pit located in the area of the underground storage tank (UST) which was removed in 1989; and the other test pit in the location of the other UST, which was registered in 1986, assuming that the location of these tanks can be determined by the geophysical survey. Test pits should be excavated to a depth of approximately 8 ft bgs (Approximately 1 foot below the bottom elevation of the tanks). Collect soil samples from every two-foot interval (0-2, 2-4 ft bgs, etc.) in each test pit and analyze for Pb, Benzene, Toluene, Ethylbenzene and Xylenes (BTEX) and Total Petroleum Hydrocarbons (TPH) with PAHs if TPH is over 500 milligrams per kilogram (mg/kg). • Collect 21 surface soil samples (0 to 2 ft bgs) from proposed green scape areas and analyze for Resource Conservation and Recovery Act (RCRA) Metals and PAHs. • Excavate 1 soil boring or test pit to approximately 11 ft bgs in the area of the proposed storm water detention pond. Collect four soil samples from 0 to 3, 3 to 6, 6 to 9 and 9 to 11 ft bgs) and analyze for Volatile Organic Compounds (VOCs), Semi Volatile Organic Compounds (SVOCs), RCRA Metals and other analyses that would be required for local landfill disposal. • The two debris piles located to the west and northwest of the current lumberyard will be characterized for disposal at a local landfill. Project Team will collect at least one sample from each debris pile (see attached figure) and analyze the samples for VOCs, SVOCs, RCRA Metals and other analyses that would be required for local landfill disposal. 1.4 Soil Gas Sampling • Project Team will collect nine soil gas samples from within the footprints of the planned buildings, in the areas of the former USTs, and at the current ASTs located on the property. Soil gas sampling methods will follow State and Environmental Protection Agency (EPA) guidance and best practices. Samples will be analyzed the for VOCs by Method TO-15. Sample locations are identified in the RFP and will not be changed without consultation with The City of Aspen and Slosky and Company. Reporting • The results of the sampling and geophysical survey will be presented in a clearly written Phase II Environmental Site Assessment report, including all appropriate appendices. Results of the sampling will be compared to the appropriate EPA Regional Screening Levels for residential soil and EPA Residential Vapor Intrusion Screening Levels for soil gas (Target Near-source, Target Risk = 10-6 and Hazard Quotient = 0.1). DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 64152 Alexander Johnsen (Last modified on 2/28/2024) Page 1 of 4 The Vertex Companies, LLC Alexander Johnsen, M.S., CIH Senior Industrial Hygienist II E ajohnsen@vertexeng.com | P 303.623.9116 BIOGRAPHY Mr. Johnsen has over ten years of experience working on various construction and environmental remediation projects at residential, commercial, municipal, and government sites. With a broad clientele base ranging from individual homeowners to law firms, private contractors, and government agencies, Mr. Johnsen has worked extensively with a wide variety of environmental contaminants and cleanup procedures. Mr. Johnsen is an American Board of Industrial Hygiene Certified Industrial Hygienist and provides expertise in comprehensive industrial hygiene, regulatory compliance including OSHA and EPA program compliance, mold, asbestos, chemical exposure monitoring (e.g. formaldehyde, hexavalent chromium, cadmium, etc.) waterborne pathogens (e.g., Legionella, sewage, etc.), wildfire residue sampling assessments (soot/ash/char), COVID-19 consulting, illicit drug testing and remediation, and hazardous waste. As an expert, Mr. Johnsen has provided deposition testimony, written expert reports, and assisted colleagues with written defense reports. EDUCATION/TRAINING M.S., Master of Science, University of Denver 2013 B.S. Biology, Bachelor of Science, University of Colorado - Denver 2013 LICENSES/CERTIFICATIONS Asbestos Project Designer, State of CO Air Monitoring Specialist, State of CO Asbestos Building Inspector, State of CO Methamphetamine Consultant, State of CO Certified Industrial Hygienist (CIH) Certified Mold Inspector, State of CO USP 797 and Environmental Sampling, State of CO OSHA 10-hour Construction Safety and Health OSHA 40 Hour HAZWOPER MSHA 40hr/Underground SPECIAL TRAINING AIHA Registered Specialist: Exposure Decision Analysis OSHA Fall Protection and Retrieval Training IAQA Course – Mold Health Effects, Sampling and Data Interpretation e-RAILSAFE Railroad Safety Training Certified X-Ray Fluorescence Lead-analyzer (XRF) ASSOCIATIONS American Conference of Governmental Industrial Hygienists American Industrial Hygiene Association (AIHA) (National) AIHA (Rocky Mountain Section) Colorado Environmental Professionals Association (CEPA) Expertise Industrial Hygiene Indoor Air Quality Methamphetamine Mold Asbestos Lead Paint Investigations & Remediation Lead Radon Sampling Radon Services Domestic (Potable) Water System Sampling Silica Dust Lead in Water O&M Program Cooling Tower System Sampling COVID-19 Pollution C&O Investigations Hazardous Materials/Waste Claim Investigation Litigation Support & Expert Testimony (Insurance Support) Litigation Support & Expert Testimony (Air Quality) Environmental Health & Safety Facility Closure Water loss DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 65153 Alexander Johnsen (Last modified on 2/28/2024) Page 2 of 4 The Vertex Companies, LLC RELEVANT EXPERIENCE LITIGATION SUPPORT Expert Report Regarding Mold Claim | Plaintiff Clark v. Defendant Carpet Tech - Texas Provided a written report to counsel in the defense of a restoration contractor involved in an alleged mold claim. Expert Report for Mold Claim |Plaintiff Blakely v. Defendant Cormorant Company Provided an expert report to defense counsel regarding an alleged mold claim by a tenant in a multi- family building. Expert Services | Legionella Claim in Colorado Counsel for a property management company retained VERTEX to perform water sampling of a hot tub/spa in response to the County's notice of violation and alleged case(s) of Legionnaires' Disease. Litigation Support and Water Sampling | Defendant Home Water Solutions LLC vs. Plaintiff Rice Reviewed another consultant's report, collected our own samples, and co-authored a report for Defense Counsel. Litigation Support and Water Sampling | Defendant Water Home Solutions vs. Plaintiff Riley- Carson Reviewed another consultant's report, collected our own samples, and co-authored a report for Defense Counsel. Litigation Support and Water Sampling | Defendant Home Water Solutions LLC vs. Plaintiff Bradshaw Reviewed another consultant's report, collected our own samples, and co-authored a report for Defense Counsel. Deposition | Fargo v. Nationwide Provided deposition testimony for my involvement in a combustion by-product case. Expert Services to opine on standard of care for mold remediation | Russo V. Dry All in New Jersey Reviewed multiple reports from various consultants and documentation from the defendant and then opined as to the standard of care for mold remediation. Expert Services | Snodgrass vs LaBouf et al. Provided expert support services for a law firm regarding a mold case. Expert services regarding asbestos | Asbestos Claim in New Hampshire I was retained by legal counsel for the defendants regarding an alleged asbestos disturbance. I provided expert services for the counsel regarding asbestos laws, regulations, and industry standards. Professional Industrial Hygiene Review and Opinion | Proposed Sand and Gravel Mine Reviewed documentation pertaining to the proposed development of a sand and gravel mine in Minnesota and helped develop and review VERTEX's professional opinion on the potential health- related issues resulting from respirable crystalline silica that could be generated from the proposed mining activities. Work Plan and Post-Remediation Verification | Classic Brands Provided a work plan for the successful mitigation of a contaminant within a residence. Expert Services Including Air Sampling | Methane Evaluation in Oregon Provided an air quality investigation and evaluation for methane in support of litigation activities. Services: Certified Industrial Hygienist Expert, IAQ-related. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 66154 Alexander Johnsen (Last modified on 2/28/2024) Page 3 of 4 The Vertex Companies, LLC Retained by: Schulte & Anderson Law Firm Expert Services Including Case Review and Report Review | Asbestos Inspection in Colorado Provided document review and peer reviewed colleague’s expert report in support of litigation activities. Services: Certified Industrial Hygienist Expert, IAQ-related Retained by: SGR, LLC RELEVANT PROJECT EXPERIENCE Industrial Hygiene | Industrial Hygiene support for Cause and Origin Report Performed TVOC sampling using a PID and wipe sampling for methamphetamine in a single-family residence where the Insured was claiming contamination from a neighbor's property. Industrial Hygiene/IAQ | IAQ assessment for CHPS To comply with the Collaborative for High Performance Schools (CHPS), a thorough assessment of new construction was performed over a two-day period which included a visual assessment of the HVAC systems, air sampling for mold, bacteria, total VOCs, sulfur dioxide, nitrogen dioxide, 4-PCH, temperature, humidity, carbon monoxide, carbon dioxide, PM 10, and PM 2.5. A wide variety of air sampling equipment and sampling media was utilized during this assessment. Employee monitoring for airborne metals and ammonia | IH Employee Exposure Monitoring Performed personal exposure monitoring for workers at a large manufacturing facility for airborne metals and ammonia gas. Mold remediation protocol development and oversight | Hotel at the Kansas City Airport VERTEX performed a microbial growth assessment where visible suspect mold was observed in hundreds of rooms of the eleven-story hotel. A written remediation protocol was established and final inspections were performed to document the successful and complete remediation of the entire guest wing of the hotel. TCLP for RCRA 8 and ICR | Coal Pile Sampling - Lafayette, CO Gathered TCLP samples of suspect debris located in a field and analyzed the debris for RCRA 8 metals and the ICR characteristics. Mold and Moisture investigation | Hotel - Las Vegas, NV Performed a due-diligence inspection in multiple rooms throughout the multi-level hotel for mold and moisture via air sampling and borescopes. Methamphetamine Assessment | Methamphetamine Assessment - Aurora, CO Performed initial sampling, oversight, and final clearance sampling for methamphetamine at a commercial property in Aurora. Asbestos Consulting | Commercial High Rise in San Diego, CA At the request of the Client, VERTEX performed a walk-through of the entirety of the building, developed a proposed scope of work, contacted abatement contractors for pricing, and provided consultation to the client for the duration of the project. OSHA monitoring for Cr(VI) | Hexavalent Chromium - Centennial, CO Performing OSHA monitoring for Hexavalent chromium. Air Monitoring for Multiple Contaminants | OSHA Monitoring - Denver, CO Performed OSHA monitoring for Silica, Aluminum oxide, Calcium oxide, Heavy metals, and Hexavalent chromium for several workers in several areas. Combustion By-Product Inspection | Private Ranch - La Veta, CO DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 67155 Alexander Johnsen (Last modified on 2/28/2024) Page 4 of 4 The Vertex Companies, LLC Performed sampling for combustion by-products in a residence after a wildfire came within close proximity to the structure. Moisture intrusion investigation and mold remediation scope of work | Commercial Building - Boulder, CO Performed a moisture intrusion investigation and developed a written mold remediation protocol. Moisture evaluation of crawlspaces | Riviera Apartments - Northglenn, CO Visually inspected multiple crawlspaces and examined the vapor barrier within some of the crawlspaces after mold remediation had occurred. IAQ and asbestos sampling | Cherry Creek Mall - Denver, CO Performed indoor air quality testing for CO, CO2, relative humidity, total VOCs, temperature, and airborne asbestos levels. Utilized an IAQRAE air sampling machine. Asbestos Air clearance and Bulk sampling | Johns Manville - Littleton, CO Performed a final asbestos air clearance and collected bulk samples of suspect asbestos-containing material from a boiler. Air sampling of 100 apartment units | Mold Sampling - Northglenn, CO Helped support an Environmental Site Assessment by collecting air samples for mold in 100 apartment units. Asbestos Inspection | Albertsons - Mill Creek, WA Performed an asbestos inspection of an Albertson's store. OSHA monitoring for Silica | Silica sampling - Arvada, CO OSHA monitoring for Silica for workers performing drywall installation activities. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 68156 Scott Waldenmyer (Last modified on 10/4/2023) Page 1 of 9 The Vertex Companies, LLC Scott Waldenmyer Regional Vice President E swaldenmyer@vertexeng.com | P 303.623.9116 BIOGRAPHY Mr. Waldenmyer is a Regional Vice President at VERTEX with over 20 years of experience in the environmental consulting industry. As a Regional Vice President, he is tasked with the overall leadership, management, strategy, growth and success of VERTEX's environmental operations in both the Mountain and Midwest regions. He is tasked with business development, client management, overseeing hiring practices, proposal preparation, contract negotiations, developing and coordinating project work plans and schedules, conducting site research, report generation, and technical review, ensuring product quality control, subcontractor oversight, interacting with regulators and clients. He is tasked with ensuring compliance of operations with all local, state and Federal regulations as well as compliance with company policy and risk management practices. Mr. Waldenmyer has working knowledge of environmental regulations throughout the Rocky Mountain, Great Lakes, and Midwestern States as well as Washington, Oregon, Florida, North Carolina, and Texas. Mr. Waldenmyer is also responsible for senior management and technical oversight of environmental project teams on projects that include Phase I & II Environmental Site Assessments, hazardous material site investigations, site characterization, remedial investigations and remedial system design, underground storage tank (UST) systems removal, hydrogeologic field studies, site development, brownfield redevelopments, construction, demolition, pre-construction services, regulatory permitting and risk assessments. In addition, Mr. Waldenmyer has worked on numerous multimillion and billion dollar real estate portfolio projects as an assessor of environmental risk as well as complex environmental remediation and development projects. Mr. Waldenmyer provides unparalleled client satisfaction while leading environmental operations and coordinating the performance and successful execution of environmental projects for VERTEX. EDUCATION/TRAINING B.S., Environmental Science with Minor in Spatial Information Processing/GIS, Michigan State University 2002 LICENSES/CERTIFICATIONS Recognized Environmental Professional-REP, State of CO OSHA HAZWOPER 40-Hour, 29 CFR 1910.120 OSHA HAZWOPER 8-Hour, 29 CFR 1910,120 Certified Environmental Professional OSHA 10, State of CO ASSOCIATIONS International Council of Shopping Centers (ICSC), Member National Association for Industrial and Office Parks (NAIOP), Member Highlights Site Development/Redevelopment Support Site Characterization and Remediation Expertise Remediation Consulting Expertise Project Management Experience Nationwide Nationwide Remedial and Due Diligence Experience Nationwide Property Condition Assessments Expertise Environmental Site Assessment and Remediation Environmental Due Diligence and Site Investigations Client Relationship Management Market Entry & Growth Strategy Business Development Site Remediation AutoCad Expertise Phase I ESAs Phase II LSI PCA Remedial Design & Feasibility Studies Groundwater & Soil Characterization Remediation & Construction Management Asbestos Lead Paint Hazardous Materials/Waste ESG Industrial Hygiene Compliance Audits Environmental Permitting Facility Closure Environmental Health & Safety Indoor Air Quality Land Development Site Characterization Soil Disposal UST Removal Vapor Intrusion Investigations & Remediation Limited Compliance Review Radon Services Environmental Portfolio Reviews Transaction Screen Peer Review Radon Sampling DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 69157 Scott Waldenmyer (Last modified on 10/4/2023) Page 2 of 9 The Vertex Companies, LLC National Association of Environmental Professionals (NAEP), Member Rocky Mountain Association of Environmental Professionals (RMAEP), Member Environmental Professionals of Arizona (EPAZ), Member Illinois Association of Environmental Professionals (IAEP), Member Michigan State University Alumni Association, Member RELEVANT EXPERIENCE Due Diligence, Remediation, Industrial Hygiene & Building Sciences | Former Northwest Pipe Facility, Denver, CO Mr. Waldenmyer managed all aspects of the environmental activities associated with the redevelopment of this early 1900's, 40-acre heavy industrial, steel pipe manufacturing facility in Denver, Colorado. Mr. Waldenmyer's responsibilities included managing the project team and remedial activities to ensure the property was redeveloped in accordance with all applicable local, state and Federal regulations and to remediate the property of contaminants in order to protect human health and the environment. Specifically, as a part of the redevelopment activities, Mr. Waldenmyer managed the completion of an ASTM Phase I ESA, enrolling the property into the Colorado Department of Public Health and Environment (CDPHE) Voluntary Cleanup Program (VCP) and brownfield tax credit program, completion of an extensive Phase II Subsurface Investigation, a hazardous material survey, an asbestos and lead paint survey, facility closure and permit compliance, drinking water well abandonment, hazardous waste disposal, aboveground storage tank (AST)/underground storage tank (UST) removal, contaminated soil & groundwater removal and structural demolition activities. Upon demolition of the various on-site structures, VERTEX identified approximately one-mile of buried asbestos-wrapped piping from beneath the structural foundations throughout the site. As a result, Mr. Waldenmyer managed the turnkey asbestos abatement of the buried asbestos pipe which included preparing scope of work plans, review of critical barriers, air clearance sampling, soil sampling, air monitoring, etc. to ensure adherence to applicable CDPHE regulations pertaining to Regulated Asbestos-Contaminated Soil (RACS). Mr. Waldenmyer's management of all aspects of the environmental activities related to the redevelopment of the project site allowed the Client to stay on schedule, within budget, receive regulatory closure via a No Action Determination (NAD) from the CDPHE as well as reimbursement of approximately $175,000 in brownfield tax credits. Due Diligence, Site Development Support, Remediation Consulting | Circa Building, Denver, CO VERTEX was retained to assist in the redevelopment of several early 1900s commercial/industrial properties in the Central Platte Valley area of Denver, Colorado, currently referred to as The Circa Building. VERTEX’s Colorado licensed asbestos building inspector performed the Hazardous Material survey that identified various confirmed asbestos-containing materials (ACMs), lead-containing paint and regulated materials that required abatement and/or removal and disposal prior to initiating demolition activities. VERTEX’s Colorado licensed Asbestos Inspectors, Management Planners, Project Designers and Air Monitoring Specialists designed, managed and oversaw the asbestos abatement activities in each on-site structure as well as conducted post abatement verification sampling to ensure the regulated asbestos had been properly abated in accordance with local, state and Federal regulations prior to demolition. Upon completion of the asbestos abatement activities, VERTEX’s then assisted the client in the demolition permitting process and oversaw the demolition in the event additional suspect ACMs were identified. As a result of the Phase I ESA findings, VERTEX performed a Phase II Limited Subsurface Investigation (LSI) on-site inclusive of both soil and groundwater sampling to assess the potential DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 70158 Scott Waldenmyer (Last modified on 10/4/2023) Page 3 of 9 The Vertex Companies, LLC environmental impacts from historical on and off-site operations. During the Phase II LSI, VERTEX identified areas of contaminated urban coal-based fill material with various constituents exceeding regulatory standards that would require special characterization and proper off-site disposal during redevelopment activities. VERTEX also identified contaminated groundwater that would be encountered during site redevelopment activities through construction dewatering which would require treatment prior to discharging to the municipal storm sewer. Although the Client decided to not pursue regulatory closure through the CDPHE VCUP, VERTEX prepared a Materials Management Plan, Remedial Activities Management Plan for use during site redevelopment activities to ensure proper management and disposal of impacted soil and groundwater. VERTEX assisted the client in the design of a temporary construction dewatering treatment system, prepared and submitted the required discharge permits and developed a compliance monitoring and reporting program for the site to ensure regulatory compliance during construction. VERTEX designed, procured and installed a permanent groundwater treatment/filtration system for implementation and long term groundwater discharge at the site. This also included the preparation of the permanent system regulatory permits. VERTEX was on-site throughout site redevelopment to oversee impacted soil excavation, management and disposal as well as groundwater treatment to ensure regulatory compliance. Due Diligence, Remediation, IHBS, Civil Engineering | Pecos Landfill, Denver, CO Mr. Waldenmyer managed all aspects of the environmental due diligence and landfill post closure care compliance monitoring at a former Municipal Solid Waste (MSW) landfill in Denver, CO. The site historically operated for gravel pit mining from the late 1950s/early 1960s until the late 1970s followed by a municipal solid waste landfill, owned by Browning-Ferris Industries (BFI) and Waste Specialties, Inc. (WSI) from the late 1970s until 1999. The former landfill was closed under Colorado Department of Public Health & Environment (CDPHE) regulations and was subject to post closure care. As a result of prior ownership issues, the site had fallen out of regulatory compliance related to post closure care requirements. The project included completion of an ASTM Phase I Environmental Site Assessment, an ASTM Property Condition Assessment to determine future capital expenditures required to maintain the property as well as the preparation and implementation of a CDPHE-approved Post-Closure Care Plan that included explosive gas/methane monitoring, explosive gas/methane mitigation systems, landfill cap cover inspections, leachate monitoring, drainage/erosion control systems, and groundwater monitoring. Additionally, due to one of the site's stormwater detention basin not having been constructed in compliance with CDPHE, Adams County and Tri-county Health Department regulations, Mr. Waldenmyer managed the VERTEX civil engineering team to perform the engineering design, permitting and re-construction of a stormwater detention basin on the site. Mr. Waldenmyer's management allowed for the Client to acquire the property, implement the appropriate CDPHE-required post-closure care compliance monitoring and re-design an on-site stormwater detention basin in order to maintain compliance with all applicable local, state and Federal regulations for solid waste landfills in Colorado. Due Diligence and Site Development Support | 253 Harvest Industrial Park, Aurora, CO VERTEX was retained to assist in the acquisition of approximately 253 acres of predominantly agricultural land in Aurora, Colorado. Although primarily agricultural land, an 18-acre portion of the site was historically used as a joint venture research and development facility between the U.S. Department of Transportation and an elevator company between the early 1970s until the late 1980s. Mr. Waldenmyer managed all environmental aspects of the due diligence activities relating to the acquisition of the site. The project included the completion of an ASTM Phase I Environmental Site Assessment (ESA) of the property by VERTEX, which revealed several Recognized Environmental DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 71159 Scott Waldenmyer (Last modified on 10/4/2023) Page 4 of 9 The Vertex Companies, LLC Conditions (RECs) including the historical research and development activities and a large quantity of various fly-dumped hazardous materials (i.e., paints, solvents, petroleum products), building materials and suspect asbestos-containing materials (ACMs). VERTEX conducted a Phase II Limited Subsurface Investigation (LSI) at the facility that included the installation of soil borings and groundwater monitoring wells to assess for potential residual impacts from historical site operations. Although no subsurface impacts were found that exceeded Colorado state regulations, the quantity of hazardous materials dumped on-site necessitated the characterization and disposal prior to acquisition. VERTEX conducted a Hazardous Material Survey that included sampling of suspect ACMs dumped on-site along with characterization and quantifying hazardous materials present for disposal requirements. No ACMs were found to be present in the fly-dumped materials. VERTEX oversaw and managed the hazardous waste removal from the site which included disposal of approximately 60 cubic yards of illegally dumped regulated/hazardous materials and building debris for off-site recycling/disposal. Due Diligence, Remediation, Industrial Hygiene & Building Sciences | Train Denver, Denver, CO VERTEX was retained to assist in the redevelopment of this early 1900s commercial and industrial property in the River North (RiNo) area of Denver, Colorado. The area was historically occupied by heavy industrial use, rail yard, commercial drycleaners, printing facilities, machine shops and other operations of environmental concern. The site was historically occupied by automotive repair/service facilities and industrial supply/machine shops. Additionally, the subject property is located within the Vasquez Boulevard and Interstate 70 Superfund/National Priority List region, Operable Unit-One. Mr. Waldenmyer managed all aspects of environmental activities for the project including the completion of a review of prior subsurface investigations, performance of supplemental Phase II Limited Subsurface Investigations to further delineate prior findings, oversight of demolition and construction support consulting and regulatory compliance reporting. Based on the results of the subsurface investigations, on behalf of the client, Mr. Waldenmyer managed the enrollment of the subject property into the Colorado Department of Public Health and Environment (CDPHE) Voluntary Cleanup Program (VCP) to remediate the subject property of contaminants exceeding regulatory standards and demonstrate that conditions after remediation of the areas of concern are protective of human health and the environment based on the intended proposed use of the subject property. As a part of the remedial action plan for the site, VERTEX prepared a Materials Management Plan (MMP) & Soil Characterization Management Plan (SCMP) for use during the redevelopment activities to ensure proper management, characterization and disposal of on-site soil, groundwater and asbestos in soil (if encountered) in accordance with local and state regulations. VERTEX oversaw and managed the soil excavation and disposal activities on-site which included the removal of coal-based, impacted fill material as well as petroleum impacted soil. Upon completion of the remedial activities, Mr. Waldenmyer’s managed the preparation and submittal of a No Action Determination (NAD) petition to the CDPHE for review, concurrence and issuance of regulatory closure which was subsequently received. Mr. Waldenmyer’s management of all aspects of the environmental activities related to the redevelopment of the project site allowed the Client to acquire the property, navigate complex on- site environmental issues, achieve and maintain compliance with local, state and federal regulations and achieve regulatory closure all while maintaining the project timeline and budget. Due Diligence, Site Development Support, Remediation Consulting | Confidential Development Client, Denver, CO DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 72160 Scott Waldenmyer (Last modified on 10/4/2023) Page 5 of 9 The Vertex Companies, LLC Mr. Waldenmyer managed all aspects of the environmental activities associated with the redevelopment of this early 1900's industrial property in the Central Platte Valley area of Denver, Colorado. The Central Platte Valley area was historically occupied by heavy industrial use and a large railyard. The site was historically occupied by food manufacturing/bottling companies until the mid-1970s and then occupied by various industrial/commercial businesses until 2012, when the building was finally vacated. Several underground storage tanks (USTs) were previously located on-site and one UST was still in place. The project included the completion of an ASTM Phase I Environmental Site Assessment of the building by VERTEX, which revealed several Recognized Environmental Conditions (RECs), including the historical operations of the facility, USTs, suspect asbestos-containing materials (ACMs), potential lead-based paint and other various hazardous/regulated materials still present in the building. VERTEX conducted a Phase II Limited Subsurface Investigation at the facility that included the installation of soil borings and groundwater monitoring wells to assess for potential residual impacts from historical site operations. Various concentrations of contaminants of concerns were identified during the investigation, relating to the historical site use. As a result, VERTEX prepared a Materials Management Plan for use during the redevelopment activities to ensure proper management, characterization and disposal of on-site soil and groundwater in accordance with local and state regulations. Concurrent to the Phase II LSI, Mr. Waldenmyer oversaw the performance of a Hazardous Material Survey of the property which revealed the presence of several friable ACMs that required abatement prior to demolition of the site structure including an extensive abatement that occurred in the boiler room of the facility. Mr. Waldenmyer managed and provided oversight of the asbestos abatement activities and characterized the regulated/hazardous materials on-site for the client for removal prior to demolition of the site structures. Upon demolition of the on-site structure, Mr. Waldenmyer, managed and provided oversight of all soil and groundwater remediation activities including the UST removal, soil and groundwater characterization activities, contaminated soil removal, removal of asbestos-contaminated soil, construction dewatering permitting and required weekly/monthly monitoring. Phase I ESA/ Haz Mat Survey, UST/LUST | Paulino Gardens, Denver, CO VERTEX was retained to assist in the redevelopment of this approximately 14-acre property that historically operated as a commercial nursery and landscape business dating back to the early 1960s. The site operations historically utilized several underground storage tanks (USTs) for fleet vehicles and heating of facilities on-site. Mr. Waldenmyer managed all environmental aspects of the redevelopment which included completion of an ASTM Phase I Environmental Site Assessment, a Phase II Limited Subsurface Investigation and Flammable Gas Investigation, a Hazardous Material Survey and subsequent asbestos abatement management, UST removal/closure and pursuit of regulatory closure, as well as structural demolition oversight and construction support consulting. Highlighted services included the following: Phase II LSI & Flammable Gas Investigation VERTEX performed a Phase II LSI and flammable gas investigation onsite to assess the potential for a release from on-site UST systems as well migration of contaminants from upgradient off-site sources as well as the presence of flammable gas on-site as a result of the historical presence of landfills in the immediate vicinity of the site. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 73161 Scott Waldenmyer (Last modified on 10/4/2023) Page 6 of 9 The Vertex Companies, LLC Asbestos Abatement, Regulated Materials Removal and Clearance Services: VERTEX performed turnkey asbestos abatement and regulated materials management and removal activities at the Site including the abatement of plaster walls, vinyl floor tile, window glazing, textured concrete, vinyl sheet flooring, drywall systems, and transite. VERTEX also performed the abatement air monitoring services during the completion of abatement operations at the site. Environmental Remediation/ UST & LUST Removal & Closure: This task included enrollment of the site into the Colorado Department of Labor and Employment-Division of Oil & Public Safety (CDLEOPS) Leaking Underground Storage Tank (LUST) program. The remediation included the characterization, delineation, management, and oversight of the UST closures as well as excavation and disposal of contaminated soils identified on-site. Additionally, VERTEX prepared and submitted necessary regulatory documentation documenting closure activities. Upon completion of the environmental remediation efforts, VERTEX obtained a No Further Action (NFA) through the CDLEOPS LUST program for the client as a result of the successful remediation and closure of the on-site UST systems. The project was completed on-time and under budget. VERTEX’s consulting and guidance throughout the project provided the client with the ability to navigate complex on-site environmental issues, achieve and maintain compliance with local, state, and federal regulations and maintain the project timeline Due Diligence, Site Development Support, Remediation Consulting | Alta Sobo Station, Denver, CO VERTEX was retained to assist in the redevelopment of an early 1900s commercial/industrial property in Denver, Colorado that included various historical occupants including appliance manufacturing, compressor manufacturing, Cherokee solvents and a sign manufacturing facility. The proposed development included a multi-family apartment complex and underground parking. VERTEX conducted a Phase I Environmental Site Assessment (ESA) and Hazardous Material Survey (asbestos, lead paint and other regulated materials) of the site and site buildings. VERTEX’s Colorado licensed asbestos building inspector perform the Hazardous Material survey that identified various confirmed asbestos containing materials (ACMs), lead containing paint and regulated materials that required abatement and/or removal and disposal prior to initiating demolition activities. VERTEX’s Colorado licensed Asbestos Inspectors, Management Planners, Project Designers and Air Monitoring Specialists designed, managed and oversaw the asbestos abatement activities in each on-site structure as well as conducted post abatement verification sampling to ensure the regulated asbestos had been properly abated in accordance with local, state and Federal regulations prior to demolition. Upon completion of the asbestos abatement activities, VERTEX’s then assisted the client in the demolition permitting process and oversaw the demolition in the event additional suspect ACMs were identified. As a result of the Phase I ESA findings, VERTEX performed a Phase II Limited Subsurface Investigation (LSI) on-site inclusive of both soil and groundwater sampling to assess the potential environmental impacts from historical on and off-site operations. During the Phase II LSI, VERTEX identified areas of contaminated urban coal-based fill material with various constituents exceeding regulatory standards that would require special characterization and proper off-site disposal during redevelopment activities. As a result of the Phase II LSI findings, a release was reported to the appropriate regulatory agency. The site was subsequently enrolled the site into the Colorado Department of Public Health and Environment (CDPHE) Voluntary Cleanup Program (VCUP). VERTEX prepared a Materials Management Plan for use during site redevelopment activities to DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 74162 Scott Waldenmyer (Last modified on 10/4/2023) Page 7 of 9 The Vertex Companies, LLC ensure proper management and disposal of impacted soil. VERTEX managed and oversaw the soil remediation activities at the site during construction which included obtaining landfill acceptance of the waste stream, contractor bids, budgets and schedules. Upon completion of the removal of confirmed hot spot soils from the site, confirmation soil samples were collected from each excavation in accordance with CDPHE and Colorado Department of Labor and Employment- Division of Oil and Public Safety (CDLEOPS) guidelines and analyzed for the contaminants of concern. Some areas required additional soil excavation and disposal. After complete removal of all contaminated soils to the respective regulatory standards, VERTEX prepared and submitted the VCUP No Action Determination (NAD) application. The site was granted regulatory closure and issued a NAD. Due Diligence and Site Development Support | Confidential Development Client, Ann Arbor, MI VERTEX was retained to assist in the redevelopment of several residential properties to accommodate for a new 14-story high rise apartment building in Ann Arbor, Michigan. The properties were originally developed in the early 1900s and had been utilized for residential purposes along with a portion of one of the structures utilized as a storage annex for the adjoining Pizza House restaurant. Mr. Waldenmyer managed all aspects of the environmental activities associated with the redevelopment of the site. The project included the completion of an ASTM Phase I Environmental Site Assessment of the buildings by VERTEX, which revealed several business environmental risks, including suspect asbestos-containing materials (ACMs) and other various hazardous/regulated materials still present in the buildings. VERTEX conducted a Hazardous Material Survey of the property which revealed the presence of several friable ACMs that required abatement prior to demolition of the site structures. Prior to beginning the abatement activities, VERTEX completed an Asbestos Work Plan in order to ensure compliance with all applicable local, state and federal asbestos regulations. VERTEX managed and oversaw the asbestos abatement activities and characterized the regulated/hazardous materials on-site for the client for removal prior to demolition of the site structures. Due Diligence, Remedial Investigation, Site Development Support | Confidential National Restaurant Chain, Nationwide Mr. Waldenmyer provides nationwide account management for all ongoing due diligence and remedial investigations for prospective new development sites nationwide. Investigations include Phase I and II Environmental Site Assessments, Hazardous Material Surveys, Vapor Intrusion/Soil Gas Investigations, Air Quality Surveys, Materials Management Plans and Remediation. Projects range from greenfield developments to comprehensive redevelopment plans. The ongoing due diligence and remediation investigations being conducted by VERTEX are used for decision making and land negotiations with sellers during real estate transactions as well as potential construction activities. Due Diligence / Remedial Investigation | 44-Acre Industrial Manufacturing Facility, Chicago, IL Mr. Waldenmyer coordinated, conducted and managed the due diligence and remedial investigation on a 44-acre parcel of land with a heavy industrial use outside of Chicago, IL. A Phase II Site Assessment conducted on an adjacent industrial facility uncovered groundwater contamination from a trichloroethylene leak originating from the Client’s 44-acre facility. Mr. Waldenmyer was tasked with coordinating and installing over 100 soil borings, 125 groundwater monitoring wells, numerous injection wells and several deep aquifer observation wells across the site. In addition, Mr. Waldenmyer and the environmental team designed, implemented and monitored the use of in-situ chemical oxidation utilizing direct injection techniques to reduce concentrations of target contaminants. After reducing concentrations of the groundwater contamination, the team designed and installed a subsurface permeable reactive barrier (PRB) at the site to further reduce contamination on and off-site. Filled with a mix of zero DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 75163 Scott Waldenmyer (Last modified on 10/4/2023) Page 8 of 9 The Vertex Companies, LLC valence iron and sand, the 12-foot deep trench naturally and completely reduced the concentrations of the chlorinated solvent compounds in the contaminated groundwater as the groundwater passed through the barrier wall. Upon completion of the PRB installation, Mr. Waldenmyer and the environmental team conducted quarterly groundwater monitoring of the remediation system and contaminant plume as well as prepared analytical reports for submittal to the Illinois EPA for a period of five (5) years. This new technology for remediation was only the third PRB barrier that was approved for use by the Illinois EPA in the State of Illinois. Due Diligence / Remedial Investigation & Site Closures | Various Dry Cleaner Facilities throughout Illinois Mr. Waldenmyer managed a portfolio of over 100 dry cleaner sites throughout Illinois as a part of the Illinois Dry Cleaner Environmental Response Trust Fund. Mr. Waldenmyer conducted and managed Phase I Environmental Site Assessments (ESAs) and Phase II Site Assessments (subsurface) as well as numerous remedial investigations and cleanups in response to a growing concern of contamination and human health risks from the use of chlorinated solvents during dry cleaning activities. Mr. Waldenmyer was responsible for delineating the horizontal and vertical extents of soil and groundwater impacts on and off-site utilizing invasive subsurface sampling, Tier I and Tier II evaluations. Upon determining the extents of contamination, Mr. Waldenmyer coordinated, conducted and managed the remedial cleanup activities in order to obtain No Further Remediation (NFR) letters from the Illinois EPA. Due to various project-specific constraints, various remediation techniques were employed including dig-and haul methods, soil-vapor extraction (SVE) systems and in-situ chemical oxidation. In addition, several of the sites required the use of either engineering or institutional controls such as land use restrictions, highway authority agreements, groundwater use ordinances and engineered barrier (i.e., asphalt parking lots, concrete foundations, etc.). Due Diligence / Remedial Investigation & Site Closures | Various Gas/Auto Service Stations, throughout the Midwest Mr. Waldenmyer coordinated, conducted and managed numerous due diligence activities, Underground Storage Tank (UST) system removals and site closures at gas/auto service stations throughout the Midwest. Mr. Waldenmyer was responsible for performing Phase I ESAs to identify Recognized Environmental Conditions (RECs), conducting and managing subsurface investigations to delineate the extent of soil and/or groundwater contamination, providing UST system removal oversight that included groundwater and soil sample collection, technical analysis comparison to various state agency regulations including Illinois EPA, Indiana Department of Environmental Management (IDEM), Wisconsin Department of Natural Resources (WDNR), Michigan Department of Environmental Quality (MDEQ), Iowa Department of Natural Resources IDNR), etc., regulatory report writing and pursuit of regulatory closure. As a part of the remedial investigations and site closures, Mr. Waldenmyer prepared and submitted the required Leaking-UST (LUST) program documents including 45-Day Reports, Remedial Objectives Reports (RORs) and Remedial Action Plans (RAPs) that in several cases included the use of engineered and institutional controls such as engineered barriers, groundwater use restrictions and property deed restrictions. Mr. Waldenmyer was successful in securing multiple No Further Remediation (NFR)/No Further Action (NFA) letters from various state agencies within short time frames in an effort to assist the Client with local planning and permitting approvals. Due Diligence / Asbestos & Hazardous Material Surveys | Confidential Financial Institution throughout the Midwest Mr. Waldenmyer managed the environmental due diligence activities associated with the development of new commercial parcels and/or the redevelopment of existing bank properties to accommodate the strategic growth efforts of a national financial institution throughout the Midwest. As a licensed asbestos inspector in States throughout the Midwest, Mr. Waldenmyer was able to conduct asbestos and hazardous material surveys while conducting Phase I ESAs at the various project sites which allowed for faster report turnaround times and enabled the client to DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 76164 Scott Waldenmyer (Last modified on 10/4/2023) Page 9 of 9 The Vertex Companies, LLC make timely informed decisions relating to permitting and construction schedules to maximize efficiencies and minimize costs. Due Diligence / Asbestos Investigations | National Retailer, throughout Illinois & Wisconsin Mr. Waldenmyer served as the project manager on a portfolio of over 25 new and/or existing big- box retail store construction and/or expansion projects throughout Illinois and Wisconsin. Mr. Waldenmyer conducted and managed the Phase I ESAs, Phase II Subsurface Investigations, asbestos inspections/surveys, wetland delineations and endangered species consultations to qualify the environmental risks associated with the development activities including waste dumping sites, AST/UST systems and nearby sites of known or suspect contamination. Working closely with the Clients environmental counsel, Mr. Waldenmyer conducted and managed numerous Phase II Subsurface Investigations on-site to evaluate potential development risks, implemented remedial activities as well as prepared Health & Safety Plans (HASPs), Soil Management Plans (SMPs) and maintenance & monitoring programs for use during construction activities. Mr. Waldenmyer and the project team were responsible for implementing these activities in accordance with all local and state regulations while maintaining the project schedules. Environmental Site Assessment | Private Wind Farm Developer, Gratiot & Midland Counties, Michigan Mr. Waldenmyer managed the environmental due diligence activities for a $450 MM wind farm project in the State of Michigan. The project consisted of approximately 65,000 acres of land, 135 wind turbines generators, approximately six (6) miles of overhead transmission lines, numerous access roads, an operations and maintenance (O&M) facility and other project related components that will generate enough electricity to power over 50,000 homes for more than 20 years. As a part of due diligence activities, Mr. Waldenmyer was tasked with managing the project team, interfacing with the Client, coordinating field schedules, maintaining invoices and reviewing the technical report. During the course of the Phase I ESA, numerous RECs were identified within the project boundary and in the vicinity of the proposed project components including underground petroleum pipelines, numerous Aboveground Storage Tanks/Underground Storage Tanks (ASTs/USTs), illegal dumping sites, sewage disposal lagoons and United States EPA (USEPA) Superfund sites. Mr. Waldenmyer and the environmental team developed action plans for use during construction of the various wind farm project components to avoid the identified RECs or ways to minimize disturbance in these areas to help the client mitigate environmental risks and control any disposal costs of potentially contaminated soil/groundwater while maintaining project schedules. Upon completion, this wind farm will be the largest in the State of Michigan and one of the largest in the Midwest. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 77165 Ryan Hanlon (Last modified on 1/25/2024) Page 1 of 8 The Vertex Companies, LLC Ryan Hanlon Division Manager E rhanlon@vertexeng.com | P 303.623.9116 BIOGRAPHY Mr. Hanlon is the Division Manager of the Denver office due diligence and remediation department with 17 years of experience working in the environmental and structural consulting field. As the Division Manager he is responsible for senior management as well as specific job functions related to Phase I Environmental Site Assessments (ESAs), Phase II ESAs, hazardous material site investigations, Property Condition Assessments (PCAs), desktop reviews, peer reviews, Microbial Remediation Surveys, and Hazardous Materials Surveys. Ryan completes approximately 50 projects each year with scopes including visitation set-up with the site contact, local, state and federal municipal research, historical research, report writing and strict adherence to deadlines and budgets. Additional project-related scopes often include visual assessments of Americans with Disabilities Act (ADA) compliance, cost estimation, capital planning, report reviewing, and engineering data analysis. Since joining VERTEX he has been involved with properties in approximately 25 US states ranging from residential, commercial and industrial type properties. In addition, he has provided Construction-Monitoring services to evaluate construction progress, and approve or deny contractor payment requests on multiple projects in Colorado. Since joining VERTEX, Mr. Hanlon has completed multiple Phase I ESAs, Phase II ESAs, desktop reviews, Microbial Remediation Surveys, Hazardous Materials Surveys, and PCAs for various clients including lending institutions, large corporations, and private clients on sites including dry cleaners, large industrial, commercial, and multi-family residential properties throughout the United States. As the Division Manager, he is also tasked with business development, client management, proposal preparation, contract negotiations, developing and coordinating project work plans and schedules, conducting site research, report generation, and technical review, ensuring product quality control, subcontractor oversight, interacting with regulators and clients and the overall growth of the PCA reports throughout the Rocky Mountain region. Additionally, Mr. Hanlon has working knowledge of environmental regulations throughout the Rocky Mountains. In addition, Mr. Hanlon has worked on numerous multi-million and billion dollar real estate portfolio projects as an assessor of environmental risk as well as complex environmental remediation and development projects. EDUCATION/TRAINING M.S., Environmental Policy and Management, University of Denver University College 2022 B.S., Civil Engineering, Villanova University, Villanova, PA 2006 LICENSES/CERTIFICATIONS Asbestos Management Planner, State of CO Asbestos Inspector, State of CO OSHA - Hazardous Waste Superfund Training (29CFR 1910.120) EPA AHERA - Building Inspector Asbestos Certification, State of CO HAZWOPER 8-hour Refresher ASSOCIATIONS Expertise Environmental Health & Safety Environmental Portfolio Reviews Mold Asbestos Lead Paint Compliance Audits PCA Phase II LSI Groundwater & Soil Characterization Phase I ESAs Property Condition Assessments Transaction Screen Database Review O&M Program Lead Radon Sampling Radon Services PCS Construction Due Diligence Letter of Reliance SPCC Plan Construction Monitoring Site Characterization Peer Review Hazardous Materials/Waste Limited Compliance Review Building Envelope/Enclosure DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 78166 Ryan Hanlon (Last modified on 1/25/2024) Page 2 of 8 The Vertex Companies, LLC National Association for Industrial and Office Parks (NAIOP), Member American Society of Civil Engineers, Member Villanova University Alumni Association, Member RELEVANT EXPERIENCE PCA and Seismic Assessment | Vacant Mixed-Use Property, Seattle, Washington The VERTEX Companies, Inc. (VERTEX) performed a Property Condition Assessment (PCA) of Mixed- Use Commercial Property located at 1100 - 1120 West Ewing Street in Seattle, Washington, on May 21, 2019. The site is comprised of two main buildings. The first building (Building A) is utilized as a fish processing office and warehouse building occupied by Ocean Beauty and was constructed in 1978 with approximately 105,540 square feet of space. Currently, only the office portion of the building is occupied. The second building (Building B) is utilized as a mixed-use office and warehouse building occupied by several tenants and was constructed in 1957 with approximately 50,223 square feet of space. Additionally, the site contains several ancillary structures along with a water dock along the Lake Washington Ship Canal. Overall, the property and improvements appeared to be in fair condition with respect to age, use and location. VERTEX also performed a Seismic Assessment in conjunction with the PCA. PCA, Structural Assessment & Demo, UST, Abatement Assessment | Packaging Corporation of America, Commerce City, CO The VERTEX Companies, Inc. (VERTEX) performed a Property Condition Assessment (PCA) of Packaging Corporation of America Facility located at 5501 Brighton Boulevard in Commerce City, Colorado, on May 3, 2019. The building has been broken down into six designated areas. For the purposes of this report, the areas are labeled as such: Area 1 – Shipping area (near the south side of the Building; Area 2 – Storage area (southernmost portion of the building); Area 3 – Production Converting (largest central portion which also includes the office area); Area 4 – Production/ Corrugator (near the northern potion and along the Mill Building); Area 5 – Adhesive Production (northernmost portion of the building), and; Area – 6, the Mill Building scheduled for demolition. Overall, the property and improvements appeared to be in fair condition with respect to age, use and location. VERTEX also performed a structural assessment with a professional engineer and executive vice president of engineering at VERTEX. Phase I ESA, PCA and Radon | Springs at Sandstone Ranch, Longmont, CO The VERTEX Companies, Inc. (VERTEX) performed a Property Condition Assessment (PCA), a Phase I Environmental Site Assessment (ESA) and a short-term radon analysis to assist our client in their decision on evaluating details concerning the financing or refinancing of this property. The site consisted of the Springs at Sandstone Ranch Apartments. The complex consisted of 12, one-year old, two-story multi-family residential buildings with a reported net rentable floor area of 238,200 square feet. The complex was situated on a 20-acre site with 240 studio, one, two and three- bedroom apartment units. The purpose of the due diligence was to observe and document readily visible material and building system defects that might significantly affect the value of the property and conditions that might have a significant impact on the continued operation of the facility for the next 12 years. Additionally, VERTEX visited the site to identify environmental conditions in connection with the site. As part of the Phase I ESA, VERTEX conducted additional services including short-term radon analysis. The radon results from the tested units ranged from <0.4 to 6.5 picoCuries per liter (pCi/L). DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 79167 Ryan Hanlon (Last modified on 1/25/2024) Page 3 of 8 The Vertex Companies, LLC VERTEX recommended long-term testing of all ground floor units to determine the extent of the elevated radon. Radon results from the long-term analysis ranged from 0.4 to 7.4 pCi/L. Based on these results, radon was considered a business environmental risk. VERTEX recommended mitigation of the elevated radon by performing a communications test to evaluate the ability to use sub-slab depressurization (SSDS) to mitigate radon. Based on the results of the communications test, SSDS appeared to be the most likely mitigation technique to reduce radon concentrations. Phase I ESA, PCA, Roof and Facade Assessment | Alameda Station, Denver, CO The VERTEX Companies, Inc. (VERTEX) performed a Property Condition Assessment (PCA), a Phase I Environmental Site Assessment (ESA) and an Enhanced Façade/ Cladding and Roofing Assessment to assist our client in their decision on whether to purchase. The site consisted of the Alameda Station Apartments located at 275 South Cherokee Street in Denver, Colorado. The complex consisted of three, five-year old, four-story multi-family residential buildings (Buildings 1, 2, and 3) with a reported net rentable floor area of 307,133 square feet. The complex was located at the northwest intersection of South Cherokee Street and West Alameda Avenue and was situated on a 5.53-acre site. A total of 338 studio, one, two and three-bedroom apartment units were provided at the complex. The complex also included a five-story parking garage, exterior pool and spa area, fitness center with a spin and yoga studio, lounge areas, grilling stations, dog park, pet grooming station, bike/ ski repair shop, a business center, offices, and common area rooms. The purpose of the due diligence was to observe and document readily visible material and building system defects that might significantly affect the value of the property. Additionally, VERTEX assessed existing conditions that might have a significant impact on the continued operation of the facility for the next 12 years with the assistance with assistance from a forensic engineer to view the exterior façade and roofing conditions. Additionally, VERTEX visited the site to identify Recognized Environmental Conditions (RECs) in connection with the site. Phase I ESA & PCA | Denver Post Building, 5990 Washington Street, Denver, CO VERTEX performed a Phase I ESA and PCA of the Denver Post Property, located at 5990 Washington Street in Denver, Colorado. The property consisted of a commercial and flex-industrial newspaper printing building with 403,728 square feet built in 1989. Phase I ESAs & Property Condition Assessments | Century Oaks Business Park As part of a five-site portfolio in Houston, Texas, VERTEX performed five Phase I Environmental Site Assessments and five Property Condition Assessments located at the Century Oaks Business Park. Property Condition Assessment | PetSmart Distribution Facility The VERTEX Companies, Inc. (VERTEX) performed a Property Condition Assessment of PetSmart Distribution Facility located in McCarran, Nevada. The property also included two ancillary structures including the Fire Pump Building and Guard Shack Building. The building consisted of approximately 870,720 square feet of warehouse distribution space, situated on a 57.1-acre parcel of land, built in 2008. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Property Condition Assessment | Commercial Office Property Vertex Engineering PC performed a Property Condition Assessment of Commercial Office Property located in Raleigh, North Carolina. The property consisted of a six-story office building with 195,405 square feet, situated on a 9.89-acre parcel of land, building in 1970. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Property Condition Assessment | Phoenix Corporate Tower The VERTEX Companies, Inc. performed a Property Condition Assessment of Phoenix Corporate Tower located in Phoenix, Arizona. Additionally, as part of this PCA, VERTEX assessed the five-story DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 80168 Ryan Hanlon (Last modified on 1/25/2024) Page 4 of 8 The Vertex Companies, LLC parking garage to the east of the office building and the single-story T-100 Building adjoining the tower to the south. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Property Condition Assessment & Phase I ESA | Blue Sky Lofts The VERTEX Companies, Inc. performed a Property Condition Assessment (PCA) and a Phase I ESA of Blue Sky Lofts located in Boulder, Colorado. The site consisted of a multi-family residential apartment complex, with 108 units situated over 47,360 square feet of rentable square footage. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Property Condition Assessment | Wildwood Student Living Apartment Complex The VERTEX Companies, Inc. performed a Property Condition Assessment (PCA) of Wildwood Student Living Apartment Complex located in Lubbock, Texas. The multi-family student housing complex consisted of 25 three-story residential buildings, approximately one year old. The residential complex had a reported net rentable area of 470,700 square feet. The complex also included a stand-alone Clubhouse/ Leasing building, which included a business center, fitness center, study rooms and lounge areas, as well as one outdoor swimming pool, outdoor barbeque and picnic areas and pet friendly attributes. The complex was located west of North Quaker Avenue and was situated on a 25.26-acre site. The complex included a total of 294 apartment units. Overall, the property and improvements appeared to be in good condition with respect to age, use and location. Property Condition Assessment | Grand View at Flatirons Apartment Complex The VERTEX Companies, Inc. performed a Property Condition Assessment (PCA) of Grand View at Flatirons Apartment Complex located in Louisville, Colorado. The multi-family complex consisted of 10, three-story residential buildings, approximately 28 years old. The residential complex had a reported net rentable area of 152,340 square feet and a gross square footage of 192,344 square feet. The complex also included a stand-alone Clubhouse/ Leasing Center building, which included a Business Center, Fitness Center, and lounge areas, as well as one outdoor swimming pool, outdoor barbeque and picnic areas and pet friendly attributes. The complex was located north of West Dillon Road and south of Ridge Place and was situated on a 9.2-acre site. The complex included a total of 180 apartment units. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Property Condition Assessment & Phase I ESA | Medical Office Building The VERTEX Companies performed a PCA and Phase I ESA of the Medical Office Property, located in Englewood, Colorado. The site consisted of a medical office building with 20,252 square feet, situated on a 2.97-acre parcel of land and was constructed in 2000. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Phase I ESA | Vacant Restaurant On February 16, 2018, The Vertex Companies, Inc. performed a Phase I Environmental Site Assessment (ESA) of the Vacant Restaurant located in Parker, Colorado. According to the Douglas County Assessor’s Office, the site consists of one parcel of land occupying 1.027 acres. The site is currently developed with one building. At the time of the site visit, the building was vacant; however, the site was formerly occupied by a Jack In The Box Restaurant. The site is improved with a one-story vacant restaurant building consisting of approximately 2,805 square feet. The site building is constructed with a concrete slab-on-grade foundation, a flat rubber membrane roof, exterior insulation and finish system (EIFS) exterior walls with portions of stone veneer, and steel- framed interior construction. According to the Douglas County Assessor’s Office, the building was constructed in 2010. Property Condition Assessment & Phase I ESA | LKQ Industrial Site The VERTEX Companies, Inc. performed a Property Condition Assessment (PCA) of the LKQ Industrial Site located in Sellersburg, Indiana. The site consists of two buildings, the main office/ DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 81169 Ryan Hanlon (Last modified on 1/25/2024) Page 5 of 8 The Vertex Companies, LLC warehouse building, constructed in 1999/ 2000 and the Parts Storage building, constructed in 2013. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Property Condition Assessment | Southeast Commons The VERTEX Companies, Inc. performed a Property Condition Assessment of a commercial office building in Aurora, Colorado. The building was 44,448 square feet in size situated on a 2.37-acre parcel of land and was built in 1984. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Phase I & Hazardous Materials Survey | Recreational Building, St. Joseph, MO VERTEX performed a Phase I Environmental Site Assessment of the Olympia Lanes located in St. Joseph, Missouri. The site consists of one parcel of land occupying 3.1 acres and is currently occupied by a single-story commercial recreational building totaling 30,000 square feet. The site building consists of a bowling alley, kitchen, dining area, maintenance rooms, offices, game room, mens and women’s restrooms, and a bar. In conjunction with the Phase I ESA, VERTEX conducted a Hazardous Material Survey of the site structure. The Hazardous Material Survey of the site building included an evaluation and sampling of suspect ACMs and LBP that may require special handling during the proposed renovation/ demolition activities. Air Quality Services | Apartment Complex, Northglenn, CO VERTEX performed an Indoor Air Quality and Microbial Growth Consulting Services for an apartment complex. The property consists of six apartment structures and one clubhouse and leasing center building. The site is located on a 4.22-acre parcel of land and the buildings were constructed in 1973 with a total square footage of 66,955 square feet of residential apartment space and 2,394 square feet located in the clubhouse and leasing center. Phase I | Semiconductor Manufacturing Equipment Storage Facility, Santa Clara, CA Performed a Phase I Environmental Site Assessment and Equipment Inspection of one parcel of land totaling approximately 3.38 acres. The site is developed with a one-story building utilized as a storage facility of semiconductor manufacturing equipment. Phase I | Hotel Buildings and Office Building, Denver, CO VERTEX performed a Phase I Environmental Site Assessment of a hotel located in Denver, Colorado. The site consists of two parcels of land occupying 4.4 acres. The site is occupied by a hotel and convention center complex and is improved with two hotel buildings and an office building. The 8-story hotel structure was originally built in the 1950s and was renovated in approximately 1995. The 22-story hotel building that includes three restaurants on the lobby level was originally built between1957 and 1960, with major renovations completed in approximately 1995. The 4-story, multi-tenant, office building was originally built in the 1960s, with major renovations reportedly completed in approximately 1995. The site includes a four-level, sub-grade parking garage. The site buildings are constructed with a mixture of concrete, steel and concrete masonry unit (CMU) framing with approximately 1,967,115 square feet of space and approximately 1,200 hotel rooms. Phase I | Millwork Facility, Nampa, ID VERTEX was contracted to conduct a Phase I Environmental Site Assessment and Limited Compliance Review of a millwork's facility located in Nampa, Idaho. The site consisted of two parcels of land occupying 21.45 total acres. Tenant operations included manufacturing, assembly and shipping of wood doors, windows, and other miscellaneous wooden furniture. Operations include a sawmill, wood cutting, assembly, packaging, storage and shipping. The site is improved with eight buildings consisting of approximately 248,595 total square feet. The site was developed with its current improvements between the 1950s and mid-2000s. Phase I | Gas Stations & Bulk Storage Facilities Portfolio, CO, NM, KS, NE DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 82170 Ryan Hanlon (Last modified on 1/25/2024) Page 6 of 8 The Vertex Companies, LLC VERTEX performed Phase I Environmental Site Assessments of approximately 60 sites, mostly consisting of gasoline fueling stations or bulk storage facilities throughout Colorado, New Mexico, Kansas, and Nebraska. Once completed, approximately 20 of these sites were determined to require additional investigations which consisted of soil and groundwater analysis performed during Phase II Limited Site Investigations. PCA | Apartment Complex, Austin, TX Performed a Property Condition Assessment (PCA) of an apartment complex located in Austin, Texas. Costs were developed for longer term capital projections and were vetted by soliciting contractor proposals for confirmation of budgetary values. The site consisted of 11, 3-story residential buildings and 10, 2-story residential buildings, each 10-years old. The multi-family residential complex had a reported net rentable floor area of 357,000 square feet. The complex also included a Clubhouse/Leasing Center building which included a business center, fitness center, game room, theater, and indoor half-court basketball court. The complex was situated on a 17.596-acre site. A total of 342 apartment units were provided at the complex. PCA | Mix-Use Property, Broomfield, CO Performed a Property Condition Assessment (PCA) of a mix-use property located in Broomfield, Colorado. Managed structural engineering review of the building that included evaluation of the structural condition. The first building was a two-story structure with first floor retail and second floor office space. The 14-tenant spaces contained a reported rentable area of 69,744 square feet. The second building had a single story of seven retail spaces with a reported rentable area of 23,229 square feet. This building was contiguous with a two-story parking garage, the upper level of which formed the roof over the retail spaces. The buildings were 15 years old with a total rentable area of 92,973 square feet. The buildings were situated on three parcels totaling a 4.12- acre site. PCA | Apartment Complex, Lawrence, KS Performed a Property Condition Assessment of an apartment complex in Lawrence, Kansas. The complex consisted of 14, 5-year-old, 3-story multi-family residential buildings and a clubhouse building with 324 apartments and a reported total floor area of 382,860 square feet situated on a 22.599-acre site. Phase I & PCA | Tire Distributor, Grand Junction, CO Performed a Phase I Environmental Site Assessment and Property Condition Assessment of a tire distributor facility located in Grand Junction, Colorado. The building was a four-year old, single- story front-load industrial building with a reported office floor area of 4,536 square feet, a warehouse floor area of 78,264 square feet for a total of 82,800 square feet. Phase I & PCA | Shopping Mall, Scottsdale, AZ Performed a Phase I Environmental Site Assessment and Property Condition Assessment of a mall located in Scottsdale, Arizona. The site consisted of four parcels of land, approximately 23.47 acres in size. The site was developed with a mixed-use office, retail and restaurant complex that consisted of nine occupied buildings as part of Phases I and II. Current construction activities were observed in Phase III. Phase III will consist of three residential, office and retail structures. The buildings in Phase I and II were six-years old and ranged from one to six-stories in height with a reported net rentable floor area of 525,121 square feet and approximately 573,217 gross square feet. PCA | Apartment Complex, Dallas, TX Performed a Property Condition Assessment (PCA) of an apartment complex located in Dallas, Texas. Managed structural engineering review of the building that included evaluation of the structural condition. Additionally, costs were developed for longer term capital projections that were vetted by soliciting contractor proposals for confirmation of budgetary values. The 18-year- old, multi-family complex consisted of 33 individual 3-story townhome buildings, two 3- and 4- story retail buildings with subterranean parking and one 4-story midrise building. The complex had DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 83171 Ryan Hanlon (Last modified on 1/25/2024) Page 7 of 8 The Vertex Companies, LLC a reported rentable apartment floor area of 499,633 square feet and included 490 studio, 1- bedroom, 2-bedroom and 3-bedroom units. The complex also included single- and double-space parking garages, two exterior pools, as well as stand-alone buildings identified as the Residential Services Building and the Wellness Center Building. The administrative offices located in the Leasing Center were located at the ground level of the western retail building. Additionally, the site contained five commercial retail or restaurant spaces at the ground level of the two retail buildings with a reported floor area of 13,429 square feet. Three of the five retail spaces were vacant at the time of VERTEX’s site visit. The complex was situated on a 13.855-acre site. PCA | Apartment Complex, Thornton, CO Performed a Property Condition Assessment (PCA) of an apartment complex located in Thornton, Colorado. Costs developed for longer term capital projections were vetted by soliciting contractor proposals for confirmation of budgetary values. The complex consisted of 12 individual, 33-year old, 2- and 3-story, multi-family residential buildings (Phase 1) as well as 7 individual, 18-year-old, two-story, multi-family residential buildings (Phase 2) with a reported rentable floor area of 264,804 square feet. The complex was situated on a 19.5-acre site. A total of 287 one-bedroom, two-bedroom and three-bedroom apartment units were provided at the complex. The complex also included single-space parking garages, two exterior pools, a clubhouse and leasing center, a lounge area, fitness center, offices, an exterior playground and an exterior sport court. Phase I & PCA | Commercial Office and Coffee Plant, Denver, CO Performed a Phase I Environmental Site Assessment and Property Condition Assessment of a large commercial office and coffee plant located in Denver, Colorado. The building was an 88-year old, 2-story commercial office building with portions of the building occupied by coffee roasting activities and equipment, warehouse storage space and a coffee shop with a reported floor area of 23,845 square feet and was situated on a 2.129-acre site. PCA | Apartment Complex, Boulder, CO Performed a Property Condition Assessment (PCA) of an apartment complex located in Boulder, Colorado. VERTEX managed an exterior evaluation review of the building that included evaluation of the exterior finishes and structural condition The complex consisted of 4 individual, 2-year old, 4-story multi-family residential buildings with a reported net rentable floor area of 273,131 square feet and a reported net rentable retail floor area of 3,056 square feet. The complex was situated on a 4.49-acre site. A total of 319 studio, one-bedroom and two-bedroom apartment units were provided at the complex. The complex also included two, two-level underground parking garages, pool and spa area, clubhouse, lounge areas, fitness center, offices and common area rooms. Additionally, two commercial tenants were located at the site. PCA | Scottsdale Waterfront, AZ Performed a Property Condition Assessment of the Scottsdale Waterfront, Arizona. The complex was a 10-year old, 2-story commercial retail complex, consisting of 6 buildings (Buildings D through I) with a reported floor area of 93,334 rentable square feet. The site consisted of the first-floor retail and office spaces as well as the second-floor gym in Building G. The remaining second and third floor spaces consisting of office spaces are separately owned and not part of this assessment. The buildings were on a 4.41-acre site. PCA | Multi-Family Residential Building, Denver, CO Performed a Property Condition Assessment of a multi-family residential building with commercial office space. Additionally, this assessment was converted into a compliant Fannie Mae and Prudential Mortgage Capital Company template for financing purposes. Phase I & PCA | Nine-Site News Printing Facilities Portfolio, NC, IL, MO, SC PA & OH Managed and performed Phase I Environmental Site Assessment and Property Condition Assessments of a nine-site portfolio located in North Carolina, Illinois, Missouri, South Caroline, Pennsylvania, and Ohio. The sites consisted of news printing facilities. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 84172 Ryan Hanlon (Last modified on 1/25/2024) Page 8 of 8 The Vertex Companies, LLC Phase I & PCA | Packaged Foods Facility, Omaha, NE Performed a Phase I Environmental Site Assessment and Property Condition Assessment of the Packaged Foods Facility located in Omaha, Nebraska. The building was a 25-year old, 3-story commercial office building with a reported floor area of 74,500 square feet and was situated on a 4.58-acre site. The site is associated with four other buildings located within the facility's campus with drive lanes and parking areas. Phase I, PCA and Microbial Growth Survey | Two Commercial Retail Facilities, Colorado Performed Phase I Environmental Site Assessments, Property Condition Assessments and Microbial Growth Surveys of two commercial retail facilities with numerous tenants located at each site. Phase I & PCA | Industrial Building, La Vergne, TN Performed a Phase I Environmental Site Assessment and Property Condition Assessment of a Distribution Center located in La Vergne, Tennessee. The building was a 29-year old, 2-story cross- dock industrial building with a reported floor area of 518,400 square feet located on a 25.75-acre site. Phase I & PCA | Two Commercial Facilities, Auburn and Sacramento, CA Performed Phase I Environmental Site Assessments and Property Condition Assessments of two commercial facilities. The first site consisted of 3 buildings ranging from 15 to 34 years of age. The buildings were single-story commercial and flex-industrial buildings with a reported aggregate floor area of 197,079 square feet. Building 1 was approximately 52,684 square feet in size; Building 2 was approximately 64,213 square feet in size with an upper-level office mezzanine area and Building 4 was approximately 80,182 square feet in size. The second site, located in Sacramento, California, consisted of a 30-year old, 6-story commercial office building with a reported floor area of 188,000 square feet. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 85173 The Vertex Companies, LLC vertexeng.com Timothy Jauregui (Last modified on 1/8/2024) Page 1 of 3 Expertise Phase I ESA Phase II LSI Site Characterization UST Removal Soil Disposal Vapor Intrusion Investigations & Remediation Remediation & Construction Management Limited Compliance Review Radon Sampling Database Review PCA PCS ADA Review Groundwater & Soil Characterization Timothy Jauregui | Project Manager I EMAIL tjauregui@vertexeng.com | PHONE 303.623.9116 BIOGRAPHY Mr. Jauregui is a Project Manager I with The Vertex Companies based in the Denver, Colorado office. He has eight years of experience within the due diligence and remediation fields and has conducted several hundred projects in twenty-six states across the United States. Mr. Jauregui has worked on projects in varying business sectors including commercial real estate, residential real estate, new development, and industrial and manufacturing facilities, for a variety of clients such as property owners, lenders, developers, and government agencies. His areas of technical expertise include Phase I Environmental Site Assessments (ESAs), Property Condition Assessments (PCAs), Environmental Site Investigations (Phase II ESAs), Environmental Remediation projects and Americans with Disabilities (ADA) inspections, with supplemental knowledge of radon, mold, lead, and asbestos surveys and limited environmental compliance reviews. As a Project Manager, Mr. Jauregui is responsible for a range of job functions including site inspections and investigations, municipal research, coordination with local and state departments, data collection and analysis, report writing, and business development. His technical capabilities allow for oversight of the complete project life cycle, and he routinely conducts all tasks required throughout the lifespan of a project. Mr. Jauregui strives for unparalleled client satisfaction while managing projects for VERTEX and prides himself on completing complicated projects ahead of schedule and under budget, providing clients with the information they need to successfully complete multimillion-dollar real estate decisions. EDUCATION/TRAINING M.S., Environmental Policy & Management, University of Denver 2024 (in progress) B.S., Earth Science, California State University Dominguez Hills 2016 LICENSES/CERTIFICATIONS 40 Hour OSHA Hazardous Waste Operator Training 10 Hour OSHA Construction Training ASSOCIATIONS Rocky Mountain Association of Environmental Professionals RELEVANT EXPERIENCE Phase I ESA and PCA | American Pacific, Cedar City, Utah VERTEX conducted a Phase I ESA and PCA of a 345-acre chemical manufacturing facility in Cedar City, Utah, developed with 52 buildings totaling approximately 189,000 square feet. Operations at the property included manufacturing of perchlorates, sodium azide, and halotron chemicals. VERTEX identified Historical and Controlled Recognized Environmental Conditions (HREC and CREC) at the site based on historical activities at the property, and identified over $2.6 million dollars in recommended repair costs, assisting the client through their planned acquisition of the property. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 86174 Timothy Jauregui (Last modified on 1/8/2024) Page 2 of 3 Phase I ESAs | Project Jones, U.S. Midwest VERTEX performed Phase I Environmental Site Assessments of 115 properties consisting of self- storage facilities throughout Indiana, Ohio, Kentucky, and Illinois to support an extensive real estate purchase. This portfolio was completed on an expidited timeline and required the collaboration of several VERTEX offices to successfully deliver reports in time for the client's due diligence timing. During the process of these site inspections, 8 sites were also determined to require additional investigations which consisted of soil and groundwater analysis performed during Phase II Limited Site Investigations. Phase II LSI | Multi-Use Industrial Property, Bensenville, Illinois VERTEX conducted a Phase I ESA and Phase II Limited Site Investigation of a 10.75-acre multi-use industrial property occupied by a variety of businesses including trucking/logistics companies and vehicle repair facilities, which also included an on-site fueling station. Based on RECs identified during the Phase I ESA, VERTEX investigated the property for subsurface impacts associated with the on-site operations. Eight soil borings and four groundwater borings were developed at the property to collect soil and groundwater samples, which revealed impacts from VOCs, SVOCs, and RCRA Metals in soils and groundwater at the site. The findings of this investigation were used to support the client in their purchase of the property and will be utilized to direct the forthcoming redevelopment of the property. Phase II LSI | Lowry Vista Property, Denver, Colorado VERTEX conducted a Phase I ESA and Phase II Limited Site Investigation of a 9.1-acre vacant property that was formerly occupied by the Lowry Air Force Base. Following the decommissioning of the Air Force base, a large landfill was developed immediately east of the subject property, which included debris and wastes from the Air Force base. The subject property also included a large soil stockpile of unknown origin. Based on RECs identified during the Phase I ESA, VERTEX investigated the property for subsurface impacts associated with the historical operations. Twelve soil borings and four groundwater borings were developed at the property to collect soil and groundwater samples. VERTEX analyzed a variety of constituents including VOCs, PAHs, TPH DRO, GRO and O&G, TAL Metals, PCBs, Pesticides, Herbicides, and Radionuclides. Several constituents were identified at levels marginally above the applicable regulatory standards, and correspondence was conducted with the Colorado Department of Health and Environment to discuss the presence of radionuclides, which were determined to be likely naturally occurring and as such was not under regulatory scrutiny. The findings of this investigation were used to support the client in their purchase of the property and will be utilized to direct the forthcoming redevelopment of the property. Phase I ESA and Hazardous Materials Survey | Hallowell Manufacturing, Columbus, Kansas VERTEX conducted a Phase I ESA and Hazardous Materials Survey of a 211-acre site in Columbus, Kansas that was developed with an explosives manufacturing facility. The Hazardous Materials Survey was conducted to determine the location and extent of hazardous materials present at the property, in support of planned demolition of the site structures associated with the decommissioning of the site. Quantifying the materials present provided an actionable plan to have these materials safely removed prior to demolition activities. Following successful decommissioning of the manufacturing operations and demolition of the structures, excepting the office building, a Phase I ESA was conducted to support the sale of the property. The property was historically used for strip coal mining and explosives manufacturing, and legacy contamination at the site based on former tenant operations. Corrective Action Studies (CAS) were conducted at the property in the 2000's, and VERTEX's efforts helped confirm that the current tenants were not involved in the legacy contamination at the site or subject to the CAS requirements, allowing for a successful transaction of DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 87175 Timothy Jauregui (Last modified on 1/8/2024) Page 3 of 3 the property. PCA and Phase I ESA | Jordan Landing Shopping Mall, West Jordan, Utah VERTEX conducted a Phase I ESA and PCA of a 49-parcel 101.5-acre shopping mall located in West Jordan, Utah. The property was comprised of 38 single-tenant and multi-tenant buildings consisting of nearly 1,000,000 square feet of retail space and occupied by over 100 retail and restaurant tenants. VERTEX supplied three PCA reports delineating the site into manageable sections and provided opinions of repair cost cumulatively exceeding $7.6 million dollars. The PCAs also included the subcontracting of a roof inspection company for a supplemental investigation of the buildings' roofs, the findings of which were incorporated into the PCA reports. Mr. Jauregui single-handedly completed all fieldwork, subcontractor coordination, document review and research, PCA report writing, and client management on this project, and also provided supplemental Phase I ESA report writing. Phase I ESA and ACM/LBP Survey | South Logan Street Apartments, Denver, Colorado VERTEX conducted a Phase I ESA, Asbestos Containing Material (ACM) survey, and Lead Based Paint (LBP) survey of a 10,223 square-foot multi-tenant apartment building constructed in 1938. The services were conducted in support of a planned acquisition of the property, and findings identified several areas of ACM and LBP containing materials that will assist the client in the decision-making process regarding the current site operations and any potential alterations of the property in the future. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 88176 Sarah Chase (Last modified on 10/3/2023) Page 1 of 5 The Vertex Companies, LLC Sarah Chase Environmental Engineer E schase@vertexeng.com | P 303.623.9116 BIOGRAPHY Ms. Chase is an Environmental Engineer in the Denver office within the due diligence and remediation department with just under two years’ experience working in the environmental and structural consulting field. As an Environmental Engineer, she is responsible for performing Phase I Environmental Site Assessments (ESA), Phase II Limited Subsurface Investigation (LSI), and Property Condition Assessments (PCAs). Ms. Chase completes approximately 50 projects each year with scopes including visitation set-up with the site contact, local, state, and federal municipal research, historical research, report writing, and strict adherence to deadlines and budgets. Additional project-related scopes often include proposal assembly, visual assessments of Americans with Disabilities Act (ADA) compliance, cost estimation, capital planning, and engineering data analysis. Since joining VERTEX she has been involved with properties in approximately fifteen US states ranging from residential, commercial, retail, and industrial type properties. She is currently pursuing her Master’s degree in Environmental Policy and Management at the University of Denver. EDUCATION/TRAINING M.S., Environmental Policy & Management, University of Denver 2024 B.S., Environmental Engineer, Clarkson University 2021 LICENSES/CERTIFICATIONS HAZWOPER 40, State of CO OSHA 10, State of CO National Radon Proficiency Program (NRPP) – Radon Measurement Professional, State of CO HAZWOPER 8-hour Refresher RELEVANT EXPERIENCE Phase I ESA | West Valley City, UT The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment in West Valley City, Utah. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property consisted of approximately 35 acres with two warehouses constructed in 2022. The warehouses were 217,240 and 179,200 square-feet, and at the time of the site visit were being cleaned and finalized. As such, both warehouses were vacant during the site reconnaissance. The remainder of the property consisted of parking, drives, and retention ponds. Phase I ESA | Indiana and Illinois The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment across Indiana and Illinois. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The properties were utilized for self-storage operations of varying sizes and all buildings on-site were single-story, approximately 3,000-5,000 square-feet. The assessment included an interior evaluation of empty storage units in addition to the exterior review. Expertise Phase I ESAs PCA Radon Sampling Radon Services Environmental Health & Safety Mold Phase II LSI Groundwater & Soil Characterization Database Review PCS DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 89177 Sarah Chase (Last modified on 10/3/2023) Page 2 of 5 The Vertex Companies, LLC Phase I ESA | Denver, CO The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment in Denver, Colorado. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property consisted of a 139,283 square-foot, nine-story hotel constructed in 1922. The site was located on a 0.4-acre parcel. The building had been renovated several times and was converted into a hotel in the late 1990's. The building consisted of a lobby, restaurant and bar, conference rooms, and guestrooms. Additionally, there was a vacant tenant space located on the ground floor next to the restaurant. The basement level of the building included the mechanical rooms, a laundry room, the offices, and storage space. Phase I ESA & Phase II LSI | Golden, CO The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment and Phase II Limited Subsurface Investigation in Golden, Colorado. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property consisted of approximately 52 acres of undeveloped land adjoining a clay mine. A rail spur was located in the southern portion of the property which was assumed to connect to the mining operations and was abandoned in the mid-1950s. The property was vacant land during the assessment period. Phase I ESA | Tucson, AZ The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment in Tucson, Arizona. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property consisted of a 106,427 square-foot, seven-story hotel constructed in 1972, and gut renovated in 2012. The property was approximately 1.65 acres. The building consisted of a lobby, kitchen, bar, offices, conference rooms, and guestrooms. The basement level of the building included a subgrade parking lot, laundry room, and storage space. Phase I ESA | Chicago, IL The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment in Chicago, Illinois. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property consisted of approximately 1.7 acres with a multi-story building that was constructed in 2004. The eastern portion of the building was three-stories, and the western portion was two-stories. Additionally, a garage was located in the central portion and could be accessed from the north side of the building. There were several tenant operations in the building including self-storage and physical therapy. Peer Reviews | Fort Collins & Loveland, CO The VERTEX Companies LLC (VERTEX) performed a peer review of a prior Phase I Environmental Site Assessment in Fort Collins and Loveland, Colorado. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The properties were developed with privately owned mobile homes. Other amenities included a leasing office/clubhouse, swimming pools, mailbox kiosks, game rooms/lounge, and parking lots. Phase I ESA | Glendale, WI The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment in Glendale, Wisconsin. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property consisted of approximately 1.5 acres of vacant land which was previously developed with an automotive service center. Phase I ESA | Phoenix, AZ DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 90178 Sarah Chase (Last modified on 10/3/2023) Page 3 of 5 The Vertex Companies, LLC The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment of a 318,000 square-foot, single-story warehouse located in Phoenix, Arizona. The assessment included a historical review as well as a site visit at each property to identify Recognized Environmental Conditions (RECs) in connection with the site. The warehouse was utilized for distribution and manufacturing purposes. In addition, a portion of the warehouse contained office space. The property was approximately 17 acres, and the warehouse was constructed in 2006. Phase I ESA/PCA | Scottsdale, AZ The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment and a Property Condition Assessment of Dynamite Animal Hospital in Scottsdale, Arizona. The property consisted of a 3,671 square-foot; two-story building constructed in 2007. The plot consisted of less than an acre of land. The assessment pertained to the ground floor as the second level was rented/owned by a separate entity. The Phase I assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. For the Property Condition Assessment, VERTEX assessed readily visible material and building system defects that might have a significant impact on the continued operation of the facility. Phase I ESA, Threatened and Endangered Species | Englewood, CO The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment in addition to a wetlands, cultural and historical resources, and threatened/endangered species review. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property consisted of approximately 8 acres of undeveloped land and was located in Englewood, Colorado. Phase I ESA | Barren 8 Portfolio, Denver CO The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment of the self-storage buildings located in various areas of Denver, Colorado. The assessment included a historical review as well as a site visit at each property to identify Recognized Environmental Conditions (RECs) in connection with the site. Three of the properties assessed consisted of 39,000 to 59,000 square feet buildings constructed or renovated in the late 2010s. These were multi-story buildings constructed on approximately 1one-acre plots. The fourth property had 18 single-story self-storage buildings and one two-story building constructed between 2008 and 2019 on a five- acre plot. The purpose of the due diligence was to observe and document readily visible material and building system defects that might significantly affect the value of the property. Phase I ESA | KBK Industries, Kansas The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment at two locations in Rush Center, Kansas. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with each site. The sites are currently occupied by KBK Industries, a custom tank manufacturer. Current tenant operations are limited to the manufacturing and shipping of fiberglass tanks. The properties consist of manufacturing buildings and maintenance buildings, offices, and storage areas. The interior and exterior areas of the properties were viewed during the investigation. Phase I ESA | Plaskolite, Ohio The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment in Zanesville, Ohio. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property is improved with an approximately 245,220 square-foot, warehouse constructed in 2000 and expanded in 2004. The building is situated atop a concrete slab at grade level and includes offices, breakrooms, restrooms, a maintenance/tool room, mirror department, the OPAT production space, extrusion department, material control room, air compressor room, and the shipping department. The improvements are located in the southwest portion of the subject property. Exterior areas on the developed portion of the property consist of asphalt-paved parking lots, loading docks, gravel drives, a concrete-paved dumpster pad, a waste storage shed, storage silos, and a tank farm. The DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 91179 Sarah Chase (Last modified on 10/3/2023) Page 4 of 5 The Vertex Companies, LLC remainder of the subject property consists of undeveloped land. VERTEX assessed the interior and exterior operations on-site during the visit. Phase I ESA & PCA | Dumont Storage, Colorado Performed a Phase I Environmental Site Assessment and Property Condition Assessment of Dumont Storage in Dumont, Colorado. The property consisted of nine single-story buildings that were constructed between 1984 and 1993. The buildings totaled approximately 20,250 square- foot, and consisted of self-storage units with locker storage and a private bathroom in Building D. The buildings were constructed with concrete slab-on-grade foundations, CMU, metal, and vinyl siding, and wooden or metal framing. The property totaled 1.40 acres. Phase I ESA & Phase II LSI | Routt County, Colorado Performed a Phase I Environmental Site Assessment and assisted with a Phase II Limited Subsurface Investigation of the Cross Mountain Ranch in Hayden, Colorado. The property consisted of one approximately 1,539 square-foot one-story residential dwelling constructed in 1953, and a 3,600 square-foot metal framed barn constructed in 2004. The property consisted of two parcels and totaled approximately 1,567 acres. The property was utilized as remote hunting ground for third-party hunting purposes with several ponds and wetland/marshy areas scattered through the central portion of the subject property. VERTEX collected three sub soil samples using a stainless-steel hand auger from the depth range of 0 to 3 feet below ground surface (bgs) in ten grids surrounding the contaminated area. In total, VERTEX collected ten composite soil samples from the contaminated area on the property. During this time, VERTEX also identified the soil geology in that area of the property. Additionally, VERTEX screened the soil samples in the field using a photoionization detector (PID) equipped with a 10.6 electron volt (eV) lamp for the presence of total ionizable organic volatiles (TOVs). Phase I & PCA | Cochlear Office Building, Colorado Performed a Phase I Environmental Site Assessment and assisted with a Property Condition Assessment of the Cochlear office building in Lone Tree, Colorado. The property consisted of one six-story building that was constructed in 2001 and totaled approximately 164,584 square-foot. Additionally, an 86,095 square-foot detached two-story parking garage was located on the west side of the office building. The office building was constructed with a concrete sub-grade foundation, Ethylene Propylene Diene Terpolymer (EPDM) roof, concrete walls, and steel / concrete- framed construction. The first floor consists of a lobby, common area, a fitness center, conference rooms, a R & D lab, and a café/restaurant. The second through fifth floor are set up as office space. The parking garage is constructed of steel and concrete with a partial sub-grade level that leads to the basement of the office building. The property totaled approximately 10.98 acres. Phase I & PCA | Missoula, MT Performed a Phase I Environmental Site Assessment and a Property Condition Assessment of two mobile home parks in Missoula, Montana. One property, identified as Harvey's Mobile Home Park, consisted of 39 tenant-owned manufactures homes and two maintenance sheds. The two sheds are constructed with concrete slab-on-grade foundations, wood framing, and metal roofs. The property totaled approximately 10 acres. The other property, identified as Travois Village, consisted of seven buildings, 268 tenant-owned manufactured homes, and 14 community owned manufactured homes that are subject to a rent to own program. The seven property owned buildings included an office building, a former pool building, several maintenance sheds, and two well houses. The office building and former pool building are constructed on concrete slab-on- grade foundations. The property totaled approximately 40 acres. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 92180 MEMORANDUM TO: City Council FROM: Mayor Torre DATE: March 22, 2024 MEETING DATE: March 26, 2024 RE: Resolution #45, Series of 2024 Approving City Attorney Contract Amendment REQUEST OF COUNCIL: To consider the adoption of Resolution #45, Series of 2024, to approve an amendment to the employment contract for the continued employment of the Aspen City Attorney. SUMMARY / BACKGROUND: Recently City Council concluded the performance review of incumbent City Attorney James R. True. Following the review City Council and Mr. True agreed to a salary adjustment of four percent, consistent with the same methodology used during the evaluation of other City employees. The current contract requires an amendment to the contract for certain modifications, including increases in salary. Attached to resolution #45-2024 is a proposed contract amendment reflecting the change in salary. No other terms of the contract are modified. The original contract and previous amendments are also included to provide the contract in its entirety. RECOMMENDED ACTION: I recommend the passage of Resolution #45, Series of 2024. 93 RESOLUTION#45 Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND JAMES R. TRUE, CITY ATTORNEY OF THE CITY OF ASPEN AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, pursuant to Section 7.1 of the Home Rule Charter of the City of Aspen, the City Council shall appoint a city attorney. James R. True was appointed to this position as of February 21, 2012, following appointment as Special Counsel for the City of Aspen in December of 2007; WHEREAS, following his review by Council, the City Council and City Attorney agreed that it would be appropriate to enter into the employment contract. Such contract has been submitted to City Council for the retention of James R. True as City Attorney for the City of Aspen, a true and accurate copy of which is attached hereto as "Exhibit A." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the Employment Contract by and between James R. True and City of Aspen, and hereby authorizes the Mayor to execute such contract, a copy of which are annexed hereto and incorporated herein, on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 271" day of April 2021. 07 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 271h day of April 2021. Nicole He mg, City Clerk 94 EMPLOYMENT CONTRACT ASPEN CITY ATTORNEY 2021 This contract is made and entered into as of this_day of 2021 between the City of Aspen("City")and James R. True("True"). RECITALS The City Council has offered continued employment to True in the capacity of City Attorney as that position is defined in the Colorado Revised Statutes and the Charter of the City of Aspen, and; True has accepted this offer of employment with all of the duties and obligations associated thereto, as those duties and obligations may be changed or amended by the City Council, from time to time. EMPLOYMENT NOW THEREFORE, the Parties hereto agree to be bound by the mutual covenants contained herein establishing their obligations concerning employment, remuneration, duties and performance. 1. Scope of Duties. True will serve as City Attorney and be responsible as chief legal counsel to the City of Aspen. True shall be responsible to defend the actions of the City Council, prosecute actions to enforce the law of the State of Colorado and the City of Aspen, as applicable, and advise other City staff so long as no conflict exists with his representation of the City Council. These duties may be amended and supplemented by the City Council at any time during the course of the initial term or any subsequent term of this contract. 2. Term. The term of this employment contract is for four years from the last anniversary date of February 21, 2021. Prior to February 21'of each year of this contract and for each year the contract is renewed, it is the intention of the parties to review True's performance in terms of successful completion of City Council directives, defense of the City of Aspen and performance of the attorney's office. The parties will also use such time to evaluate the terms and compensation of this contract and modify those by mutual consent. Any future adjustments to terms or compensation shall be reduced to writing and attached herein as an addendum to this Agreement and be fully executed by both parties. The term of this contract shall renew for successive one-year periods unless cancelled by either party as provided herein. 3. Compensation A. Salary. True shall receive a salary of $ 194,808.36 per year effective February 21, 2021. True shall receive retroactive pay for any difference in 1 95 salary and benefits calculated from the effective date until paid, as outlined in subparagraph C, below. This retroactive pay shall be paid no later than May 31, 2021. This compensation shall be paid in the same manner as any other City employee as provided for in the City of Aspen Policy Manual, or its successor document, as that document may be modified from time to time. B. Benefits. True will receive all benefits contained within the City of Aspen Policy Manual, or its successor document, consistent with other City employees. C. Additional One-Time Retroactive Pay. True shall receive retroactive pay for the period of February 21, 2020 to February 20, 2021 in the amount equal to a 3.8% increase based upon a salary of$182,208 per year. True shall receive any benefit based upon salary retroactively for this period. True shall receive retroactive pay for the period of February 21, 2021 to the date paid in the amount equal to a 3.0% increase based upon a salary of$ 189,131.90 per year. True shall receive any benefit based upon salary retroactively for this period. This Additional One-Time Retroactive Pay shall be paid no later than May 31,2021. This compensation shall be paid in the same manner as any other City employee as provided for in the City of Aspen Policy Manual, or its successor document,as that document may be modified from time to time. D. Bonus Pay. True shall receive a one-time bonus pay in the amount of 1,500.00 to be paid no later than May 31, 2021. This payment is considered taxable income and is subject to such taxation. This compensation shall be paid in the same manner as any other City employee as provided for in the City of Aspen Policy Manual, or its successor document, as that document may be modified from time to time. 4. Termination. Notwithstanding the provisions of Paragraph 2 of this Agreement,this Agreement may be terminated by: A. Mutual agreement of the parties. B. Disability of the Employee pursuant to Paragraph 5. C. Discharge for good and just cause relating to the Employee's duties. The term "good and just cause" shall include, but not be limited to, a 2 96 material breach of the terms and conditions of this Agreement, unsatisfactory performance of duties such as malfeasance, misfeasance, or nonfeasance, and other good and just cause. However, the City Council shall not arbitrarily and capriciously dismiss the Employee. In the event the City Council believes that it has good and just cause for dismissal as defined herein, it shall give the Employee an enumeration of such cause in writing; a summary of the evidence, including the names of witnesses and copies of any documents supporting the alleged cause; and the opportunity for a hearing with respect to such good and just cause before the City Council or, at the City Council's option, before an arbitrator pursuant to the provisions of the paragraph below captioned Alternate Dispute Resolution. The hearing may be in open session at Employee's option. City shall pay the discharge proceedings in full with the exception of if the Employee chooses, he may, at his sole expense, be accompanied by legal counsel at any hearing, and shall pay his own attorney's fees. D. Unilateral termination without cause by the City or a request from the City Council for Employee's resignation of employment as City Attorney. In the event that Employee is terminated pursuant to this Section 4. D., Employee shall be entitled to severance in an amount equivalent of ten (10) months' salary at his then base salary pay rate. The severance payment, along with any cash out of accrued but unused leave pursuant to the City's policy manual, shall be made within twenty (20) days of termination. E. Death of the Employee. F. Unilateral termination by the Employee by providing thirty (30) days' written notice. 5.Disability. Should the Employee be unable to perform any or all of his duties by reason of illness, accident, or other causes beyond his control and such disability exists for a period of more than one month, the City may, in the discretion of the City Council, make a proportionate deduction from the Employee's salary, and if such disability continues for more than three months or is permanent or of such nature as, in the judgment of the City Council and subject to applicable state and federal laws including, without limitation,the Americans with Disabilities Act,the Family Medical Leave Act, and the Colorado Family Care Act, to make the performance of the essential functions of his position with reasonable accommodation impossible,the City may, in the discretion of the City Council,terminate this Agreement. 6. Assignability. This contract is not assignable by either party under any condition. 7. Annual Appropriations. The financial obligations of the City of Aspen contained in this contact are subject to annual appropriation of funds by the City Council acting in its governmental capacity. 3 97 8. Agreement Made in Colorado. The parties agree that this agreement 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 Pitkin City District Court for the State of Colorado. 9. Attorney's Fees. In the event legal action is necessary to enforce or interpret any of the provisions of this contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. City of Aspen City Attorney By: Torre James R. True Mayor 4 98 RESOLUTION #109 Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ASPEN AND JAMES R. TRUE, CITY ATTORNEY OF THE CITY OF ASPEN AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, pursuant to Section 7.1 of the Home Rule Charter of the City of Aspen, the City Council shall appoint a city attorney. James R. True was appointed to this position as of February 21, 2012, following appointment as Special Counsel for the City of Aspen in December of 2007; WHEREAS, following his review by Council, the City Council and City Attorney agreed that it would be appropriate to amend the existing employment contract to reflect modifications in the City Attorney's salary. A true and accurate copy of the proposed amendment 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 Amendment to Employment Contract by and between James R. True and City of Aspen, and hereby authorizes the Mayor to execute such contract, a copy of which are annexed hereto and incorporated herein, on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 131h day of September 2022. T9W1 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 13th day of September 2022. Q .,&, Nicok Henning, City Clerk 99 DocuSign Envelope ID: 50BD7F78-2A99-48A7-81CO-24ABC58CBlFD AMENDMENT TO EMPLOYMENT CONTRACT THIS AMENDMENT made this _ day of September 2022, modifies the EMPLOYMENT CONTRACT for the City Attorney, dated April 27, 2021, ("Contract") by and between the CITY OF ASPEN (hereinafter referred to as "City"), and JAMES R. TRUE hereinafter referred to as "True"), as follows: WITNESSETH: WHEREAS, Employee is currently employed by the City as the City Attorney; and, WHEREAS, the City Council has performed its most recent review of Employee as required pursuant to the Contract; and, WHEREAS, the City and Employee desire to amend the previously entered Employment Contract on terms mutually agreeable to the parties conditioned upon the adoption of this amendment pursuant to a Resolution approved by City Council at a Regular Meeting of City Council; NOW, THEREFORE, 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: 1. Paragraph 3.A. of the Contract is hereby amended by the deletion of the paragraph in its entirety and the replacement of such paragraph with the following: 3. A. Salary. True shall receive a salary of $216,590.40, effective as of February 21, 2022. True shall receive retroactive pay for any difference in salary and benefits calculated from the effective date until paid. This retroactive pay shall be paid no later than September 30, 2022. This compensation shall be paid in the same manner as any other City employee as provided for in the City of Aspen Policy Manual, or its successor document, as that document may be modified from time to time. 2. All other terms and conditions of the Contract shall remain in full force and effect. EMPLOYEE: °ocaftnidby h_.. 9/26/2022 1:02:00 PM Gs (` Signature: 1 Date: James R. True, City Attorney CITY OF ASPEN: dW. 170- 9/27/2022 1 2:25:51 PM Signature: Date: Torre, Mayor 100 RESOLUTION #057 Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ASPEN AND JAMES R. TRUE, CITY ATTORNEY OF THE CITY OF ASPEN AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, pursuant to Section 7.1 of the Home Rule Charter of the City of Aspen, the City Council shall appoint a city attorney. James R. True was appointed to this position as of February 21, 2012, following appointment as Special Counsel for the City of Aspen in December of 2007; WHEREAS, following his review by Council, the City Council and City Attorney agreed that it would be appropriate to amend the existing employment contract to reflect modifications in the City Attorney's salary. A true and accurate copy of the proposed amendment 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 Amendment to Employment Contract by and between James R. True and City of Aspen, and hereby authorizes the Mayor to execute such contract amendment, a copy of which are annexed hereto and incorporated herein, on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11 t" day of April 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the 1 l t" day of April 2023. Nicole He ning, City Clerk 101 DocuSign Envelope ID: 1DBOE794-D938-43C5-84B6-8CA4ABOF3534 AMENDMENT TO EMPLOYMENT CONTRACT THIS AMENDMENT made this _ day of April 2023, modifies the EMPLOYMENT CONTRACT for the City Attorney, dated April 27, 2021, ("Contract") by and between the CITY OF ASPEN (hereinafter referred to as "City"), and JAMES R. TRUE (hereinafter referred to as True"), as follows: WITNESSETH: WHEREAS, Employee is currently employed by the City as the City Attorney; and, WHEREAS, the City Council has performed its most recent review of Employee as required pursuant to the Contract; and, WHEREAS, the City and Employee desire to amend the previously entered Employment Contract on terms mutually agreeable to the parties conditioned upon the adoption of this amendment pursuant to a Resolution approved by City Council at a Regular Meeting of City Council; NOW, THEREFORE, 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: 1. Paragraph 3.A. of the Contract is hereby amended by the deletion of the paragraph in its entirety and the replacement of such paragraph with the following: 3. A. Salary. True shall receive a salary of $224,820.84, effective as of February 21, 2023. True shall receive retroactive pay for any difference in salary and benefits calculated from the effective date until paid. This retroactive pay shall be paid no later than May 31, 20232. This compensation shall be paid in the same manner as any other City employee as provided for in the City of Aspen Policy Manual, or its successor document, as that document may be modified from time to time. 2. All other terms and conditions of the Contract shall remain in full force and effect. EMPLOYEE: OacuS[pned by: Signature: Da*o X. g s.aW: James R. True, City Attorney CITY OF ASPEN: 11—uftnOdby: Signature: Torre, Mayor Date 4/12/2023 1 1:41: 58 PM Date: 4/ 14/2023 1 3:08:22 PM 102 RESOLUTION #045 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ASPEN AND JAMES R. TRUE, CITY ATTORNEY OF THE CITY OF ASPEN AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, pursuant to Section 7.1 of the Home Rule Charter of the City of Aspen, the City Council shall appoint a city attorney. James R. True was appointed to this position as of February 21, 2012, following appointment as Special Counsel for the City of Aspen in December of 2007; WHEREAS, following his review by Council, the City Council and City Attorney agreed that it would be appropriate to amend the existing employment contract to reflect modifications in the City Attorney’s salary. A true and accurate copy of the proposed amendment 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 Amendment to Employment Contract by and between James R. True and City of Aspen, and hereby authorizes the Mayor to execute such contract amendment, a copy of which are annexed hereto and incorporated herein, on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 26 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 on the 26th day of March 2024. Nicole Henning, City Clerk 103 AMENDMENT TO EMPLOYMENT CONTRACT THIS AMENDMENT made this __ day of March 2024, modifies the EMPLOYMENT CONTRACT for the City Attorney, dated April 27, 2021, (“Contract”) by and between the CITY OF ASPEN (hereinafter referred to as "City"), and JAMES R. TRUE (hereinafter referred to as "True"), as follows: W I T N E S S E T H: WHEREAS, Employee is currently employed by the City as the City Attorney; and, WHEREAS, the City Council has performed its most recent review of Employee as required pursuant to the Contract; and, WHEREAS, the City and Employee desire to amend the previously entered Employment Contract on terms mutually agreeable to the parties conditioned upon the adoption of this amendment pursuant to a Resolution approved by City Council at a Regular Meeting of City Council; NOW, THEREFORE, 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: 1. Paragraph 3.A. of the Contract is hereby amended by the deletion of the paragraph in its entirety and the replacement of such paragraph with the following: 3. A. Salary. True shall receive a salary of $233,812.80, effective as of February 21, 2024. True shall receive retroactive pay for any difference in salary and benefits calculated from the effective date until paid. This retroactive pay shall be paid no later than April 30, 2024. This compensation shall be paid in the same manner as any other City employee as provided for in the City of Aspen Policy Manual, or its successor document, as that document may be modified from time to time. 2. All other terms and conditions of the Contract shall remain in full force and effect. EMPLOYEE: Signature:________________________________________________________Date:_______ James R. True, City Attorney CITY OF ASPEN: Signature:________________________________________________________Date: _______ Torre, Mayor 104 MEMORANDUM TO:City Council FROM:Pete Strecker, Finance Director THRU: Sara Ott, City Manager MEETING DATE:March 26, 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). 105 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: 106 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. 107 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 108 MEMORANDUM TO:MAYOR and COUNCIL MEMBERS FROM:James R. True DATE:March 20, 2024 MEETING DATE: March 26, 2024 RE:Proposed Settlement Agreement/Forest Lookout II LLC and Aspen Forest 8th Street LLC v City of Aspen and DR 24F16, LLC v City of Aspen REQUEST OF COUNCIL: The City Attorney’s Office, Josh Marks, outside counsel hired by CIRSA on behalf of the City, and the Community Development Director are requesting approval of a settlement agreement between the City of Aspen and the above-named Plaintiffs that would fully and finally resolve these cases without any financial outlay by the City. SUMMARY / BACKGROUND: The background involving the properties that are the subject of this litigation, previous actions of Council and the current litigation are complicated. But a review may help understand the reasoning behind the settlement and a final resolution of this long-standing dispute. Plaintiffs are owners, former owners or assignees of claims of the owners of two lots, Lots 4 and 5, of the “Ranger Station Subdivision.” At a time when they owned the property and were constructing residences thereon, the owners paid housing mitigation for the development of the two lots. The case is essentially a monetary claim to be reimbursed for funds overpaid for housing mitigation. Although the amount of the alleged overpayment is disputed, Plaintiffs are asserting that it is in excess of $900,000, and if a judgment is awarded such amount would accrue statutory interest at the rate of eight percent (8%) per year from the dates of overpayment in 2021.1 To fully understand the cases, we must take a step back and review the unique circumstances of this matter from the beginning. In 2012, United States Forest Service (USFS) officials met with city officials in a series of meetings to discuss the Forest Service’s intent to redevelop the administrative campus and sell off a portion of the property to fund the redevelopment. The property is on Highway 82, and bounded by N. Eight Street, W. Smuggler Street and N. Seventh 1 The mitigation for these two lots were paid at different times in 2021. 109 2 Street. The goal of the Forest Service was to generate sufficient income to redevelop the property to upgrade the visitor center and the onsite housing for their rangers. At the time, there had been a recent change in policy within the Department of Agriculture that allowed such income to remain on site. The City did not object to the Forest Service’s goals but did object to pursuing a subdivision without proceeding through the City’s subdivision regulations, which could have proceeded under an accelerated process. The Forest Service advised us that it would have none of that and that the Federal Preemption Doctrine meant that its proposed subdivision did not require City approval. The City chose not to challenge that assertion. Thus, on May 22, 2013, the USFS recorded a survey with the Pitkin County clerk and recorder. Entitled the “Ranger Station Subdivision”, the survey created five separate lots carved out of the federal agency’s property. However, the City made it clear to all interested parties, that once the properties were created by the subdivision and sold, they would not have development rights without going through a standard development process to obtain a GMQS allotment. A subdivision plat was recorded, and the properties were sold pursuant to an auction.2 The City worked closely with the prior owners of this property to resolve all issues involving their proposed development of these lots. There was significant back and forth with all five property owners and their attorneys regarding numerous development issues. However, following these discussions, all issues appeared resolved pursuant to ordinances adopted by Council. One of the most important assertions of the City was that it could enforce an inclusionary zoning standard for housing mitigation fees applicable to all subdivisions approved through the City’s land use process. Although inclusionary zoning in a subdivision would normally require housing dedication, since that was not possible, it was quantified to a specific formular in the approval ordinances. All five of the lots were ultimately constructed and all five of the owners paid the designated housing mitigation. The initial owner of Lots 4 and 5 sold these lots to two LLCs who paid the mitigation fee at issue here. However, the new owners of Lots 4 and 5, who actually paid the mitigation fees, decided to challenge the housing mitigation requirement and the quantification of inclusionary zoning under the state’s impact fee statute, C.R.S. § 29-20-101 et seq. That is the substance of the current litigation. ANALYSIS OF LITIGATION ISSUES: The City Attorneys and Josh Marks have provided opinions in executive session and through confidential memoranda several times over the years since the Forest Service initially proposed this subdivision and more recently since this particular litigation was commenced in 2021. Council can consider the information provided in these documents and meetings. However, given the fact that the litigation will continue if this settlement is not accepted, we must request that these communications remain privileged. 2 Although it may be somewhat irrelevant to this discussion, it is interesting to note that following the sale by the Forest Service, all funds were deposited in the general governmental accounts in Washington. To our knowledge, none of the funds were directly distributed to the White River National Forest and the Forest Service certainly has not significantly improved the local site since the sales. 110 3 CURRENT STATUS: Attached hereto is a proposed settlement agreement that we have negotiated with the attorney for the Plaintiffs. Pursuant to our standard practice, we requested and received a signed copy of the agreement, which is the version that is attached. This is a unique proposal that would involve a complete resolution of the case with no actual funds changing hands. Instead, this proposal involves the creation and transfer of two affordable housing credits. The basis for the creation of the credits is set forth in the agreement. At this time, the estimated value of the credits is between $800,000 and $900,000. Taking the litigation to its logical end, if the City were not to prevail, the liability to the Plaintiffs and the cost of the litigation would be significantly greater than this current value. Of course, if the City were to prevail, the City would have no financial obligation to these Plaintiffs. However, even under that prevailing scenario, there is no basis for the City to recover it’s attorney’s fees and time. ALTERNATIVES: Council can reject the resolution in which event the litigation will continue. RECOMMENDED ACTION: The City Attorney’s Office, Josh Marks, outside counsel hired by CIRSA, and the Community Development Director recommend approval of Resolution #46,Series of 2024, which resolution approves the attached settlement agreement and authorizes the City Manager to execute such agreement. 111 RESOLUTION #046 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BY AND BETWEEN THE CITY OF ASPEN AND FOREST LOOKOUT II LLC, A COLORADO LIMITED LIABILITY COMPANY, ASPEN FOREST 8TH STREET LLC, A NEVADA LIMITED LIABILITY COMPANY AND DR 24F16, LLC, A COLORADO LIMITED LIABILITY COMPANY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SETTLEMENT AGREEMENT AND MUTUAL RELEASE ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Settlement Agreement and Mutual Release by and between the City Of Aspen and Forest Lookout II LLC, Aspen Forest 8th Street LLC and DR24F16, LLC, a true and accurate copy of which is attached hereto as Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the Settlement Agreement and Mutual Release by and between the City of Aspen and Forest Lookout II LLC, Aspen Forest 8th Street LLC and DR24F16, LLC, and hereby authorizes the City Manager to execute such Settlement Agreement and Mutual Release, a copy of which are annexed hereto and incorporated herein, on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 26 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 on the 26th day of March 2024. Nicole Henning, City Clerk 112 1 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement dated March ___, 2024 (the “Agreement”) is entered into by and among (1) the City of Aspen and the City of Aspen City Council (collectively, the “City Defendants”) (2) Forest Lookout II LLC a Colorado limited liability company (“Forest Lookout II”) (3) Aspen Forest 8th Street LLC, a Nevada limited liability company (“Aspen Forest 8th Street”) and (4) DR 24F16, LLC, a Colorado limited liability company (Forest Lookout II, Aspen Forest 8th Street and DR 24F16 shall be collectively referred to as the “Forest Service Lot Plaintiffs”). The parties to the Settlement Agreement shall be collectively referred to as the “Parties” or individually as a “Party.” I.RECITALS 1.Around 1940, the United States Forest Service (“USFS”) acquired the real property contained in the Ranger Station Subdivision, Township 10 South, Range 85 West, 6th P.M., Section 12, Block 9 and 10, Aspen Townsite, Pitkin County, Colorado as depicted on the Ranger Station Subdivision Survey attached as Exhibit 1 (the “USFS Property”). 2.The USFS Property is located in the West End of Aspen and is comprised of multiple lots and blocks as well as portions of alleys and W. Francis Street that were never improved. 3.The USFS Property was originally platted as part of the Aspen Townsite Map of 1880. 4.In 2012, officials from the USFS and the City of Aspen met to discuss the USFS’ desire to redevelop the USFS Property and sell a portion of it to a third party. 5.The USFS asserted that, because it was an agency of the United States government, it was not subject to the City of Aspen’s jurisdiction or review and that it did not need to comply with the City of Aspen’s Land Use Code regarding subdivisions. 6.On May 22, 2013, the United States Forest Service recorded the Ranger Station Subdivision Survey (“Survey”) with the Pitkin County Clerk and Recorder at Book 103, Page 1 and 1A. 7.The City of Aspen did not approve or sign off on the Survey. 8.The separate lots subdivided from the USFS Property are now known as Lots 1, 2, 3, 4, and 5 of the Ranger Station Subdivision. 9.The USFS auctioned off the five lots to private buyers. 113 2 10.Because the USFS did not go through the City of Aspen’s subdivision review process, the City of Aspen claimed that the individual buyers of the lots of the Ranger Station Subdivision bought the lots without any development rights. 11.All of the lots of the Ranger Station Subdivision are located within the City of Aspen’s Medium-Density Residential (R-6) zone district. 12.Plaintiff Forest Lookout II was the owner of Lot 4 of the Ranger Stations Subdivision when a building permit application was submitted and approved and when the employee mitigation impact fee was imposed and paid as a condition to the issuance of the approved building permit. 13.Plaintiff Aspen Forest 8th Street was the owner of Lot 5 of the Ranger Stations Subdivision when a building permit application was submitted and approved and when the employee mitigation impact fee was imposed and paid as a condition to the issuance of the approved building permit. 14.On January 25, 2021, the City of Aspen Building Department approved the building plans for Lot 4 but conditioned the issuance of the required building permit on the payment of an “inclusionary” employee cash-in-lieu mitigation impact fee of $755,278.34. 15.On January 25, 2021, Plaintiff Forest Lookout II paid the City of Aspen the required “inclusionary” employee cash-in-lieu mitigation impact fee in the amount of $755,278.34 as a condition of obtaining the issuance of the building permits necessary to commence construction of the single-family residence on Lot 4 of the Ranger Station Subdivision. 16.Plaintiff Forest Lookout II assigned part of its rights to contest the cash-in-lieu fee connected to Lot 4 to DR 24F16 LLC. 17.On April 22, 2021, the City of Aspen Building Department approved the building plans for Lot 5 but conditioned the issuance of the required building permit on the payment of an “inclusionary” employee cash-in-lieu mitigation impact fee of $543,539.06. 18.On April 22, 2021, Plaintiff Aspen Forest 8th Street paid the City of Aspen the required “inclusionary” employee cash-in-lieu mitigation impact fee in the amount of $543,539.06 as a condition of obtaining the issuance of the building permits necessary to commence construction of the single-family residence on Lot 5 of the Ranger Station Subdivision. 19.The Forest Service Lot Plaintiffs have filed a Complaint against the City Defendants in the case titled Forest Lookout II LLC and Aspen Forest 8th Street v. The City of Aspen and The City of Aspen City Council and in a case titled DR 24F16 LLC v. The City of Aspen and the City of Aspen City Council (the “Forest Service Lots Development Impact Fee 114 3 Litigation”) alleging that the imposition of the “inclusionary” employee housing mitigation impact fee did not comply with Colorado’s Development Impact Fee Statute and seeking a refund of the amount of the affordable housing mitigation impact fees paid by the Forest Service Lot Plaintiffs in the total amount of $1,298,817.40 which the Forest Service Lot Plaintiffs allege were wrongfully imposed and collected, together with 8% statutory interest thereon from the date collected which they allege equals $303,057.16 through January 31, 2024. 20.The Forest Service Lot Plaintiffs allege that the total employee housing mitigation impact fees based on the fees schedule normally charged for residential development on Aspen city lots adopted by the City of Aspen based on the “Aspen Residential Employment Generation Study” performed by RRC in 2015 should have only been $387,136.99. Therefore, the Forest Service Lot Plaintiffs’ allege they were charged $911,678.41 more than other owners and developers of residential structures on City lots. 21.The City Defendants assert that the “inclusionary” employee mitigation impact fees comply with the Colorado’s Development Impact Fee Statute to the extent they are impact fees covered by that Statute. They further assert that the “inclusionary” employee housing mitigation impact fees were validly imposed as a condition of the issuance of a building permit under Colorado’s Development Impact Fee Statute. Therefore, the City Defendants deny that it is liable for refunding any portion of the “inclusionary” employee housing mitigation fees paid by the Forest Service Lot Plaintiffs. 22.The City Defendants also assert that the Forest Service Lot Plaintiffs’ predecessors-in-interest voluntarily agreed to the imposition of the formula for the “inclusionary” employee housing mitigation fees later paid by the Forest Service Lot Plaintiffs in consideration of the City of Aspen granting the Forest Service Lot Plaintiffs’ predecessors-in- interest’s valuable development rights to construct residential structures on Lots 4 and 5 of the Ranger Subdivision ultimately relied on by the Forest Service Lot Plaintiffs in submitting their building plans for approval and obtaining their building permits and, therefore, waived or are estopped from any future challenges to the imposition of the “inclusionary” employee housing mitigation fee paid by the predecessors-in-interest or any future owner, including the Forest Service Lot Plaintiffs. 23.The Forest Service Lot Plaintiffs deny their predecessors-in-interest voluntarily agreed to the “inclusionary” employee housing mitigation fee and deny they waived any rights to challenge the fee but instead expressly reserved all rights to challenge the imposition of the “inclusionary” employee housing mitigation impact fees under Colorado’s Development Impact Fee Statute. 24.The Parties now desire to settle, compromise, and/or release any and all right, claim, debt, demand, liability, cost, expense, damages, claims for attorneys’ fees and costs and all causes of action whatsoever, accrued or contingent, known or unknown, whether in equity or in law, pending or potential, that any Party hereto has or may have against another Party hereto, including but not limited to those relating to and arising out of the Forest Service Lots Development Fee Litigation, as further set forth and as may be limited by the terms of this Agreement. 115 4 II.AGREEMENT NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged by each Party, the Parties stipulate and agree as follows: 1.Incorporation of Recitals. The foregoing Recitals are hereby incorporated by reference as though set forth in full herein. 2.Effective Date. Unless one or more Parties terminate this Agreement pursuant to Paragraph 8 below, the effective date of this Agreement shall be the date when (1) all parties execute this Agreement and (2) the resolution of the Aspen City Council approving the Agreement becomes effective and enforceable under the Aspen Home Rule Charter and the Aspen Municipal Code. 3.The City of Aspen Shall Retain 100% of the Employee Mitigation Fees Paid by the Forest Service Lot Plaintiffs. The City Defendants shall retain 100% of the employee mitigation impact fees paid by the Forest Service Lot Plaintiffs as a condition of the issuance of a building permit for the residential structures constructed on Lots 4 and 5 of the Ranger Stations Subdivision, together with accrued 8% statutory prejudgment interest. Specifically, the City of Aspen shall retain 100% of the (1) employee mitigation impact fee of $755,278.34 paid by Forest Lookout II for Lot 4 and (2) the employee mitigation fee of $543,539.06 paid by Plaintiff Aspen Forest 8th Street for Lot 5 and (3) Plaintiff waives the right to assert claims for 8% statutory prejudgment interest of $303,057.16 through January 31, 2024 and (4) any additional prejudgment interest accruing after January 31, 2024. (Total retained employee mitigation impact fee plus 8% statutory interest: $1,601,874.56.) 4.The Conveyance by the City of Aspen of Two (2) Affordable Housing Certificates. Within seven (7) days after the expiration of the 45-Day Termination Period as defined in paragraph 8 below, the City Defendants shall issue and convey to DR 24F16, LLC, , a Certificate of Affordable Housing Credit for two (2) Category 2 Affordable Housing Credits (the “AH Certificate”) as consideration for (1) the settling and dismissal of the Forest Service Lots Development Impact Fee Litigation and (2) the Forest Service Lot Plaintiffs paying an “inclusionary” employee housing mitigation fee greater than the employee housing mitigation impact fees normally required to mitigate the number of employees generated by the development of the residential structures on Lots 4 and 5. 5.Dismissal with Prejudice of the Forest Service Lot Development Impact Fee Litigation. Within seven (7) days of DR 24F16, LLC’s receipt of the AH Certificate, the Parties will cause to be filed with the Court a Stipulation of Dismissal With Prejudice and a Proposed Order in the form annexed hereto as Exhibit 2, whereby the Forest Service Lots Plaintiffs will dismiss with prejudice all claims asserted against the City Defendants in the Forest Service Lots Development Impact Fee Litigation, with each party to bear his, hers, or its own fees (including attorneys’ fees), costs and expenses incurred in connection therewith. 6.General Release of the City Defendants by the Forest Service Lot Plaintiffs. Effective upon DR 24F16, LLC’s receipt of the AH Certificate from the City, each Plaintiff, for itself and its respective officers, directors, members, managers, board members, heirs, employees, agents, representatives, parents, subsidiaries, affiliates, successors, and assigns 116 5 hereby fully release and discharge all City Defendants and their respective officers, directors, members, , employees, agents, consultants, independent contractors, representatives, , successors, insurers and assigns from each and every claim or cause of action, whether accrued or contingent, known or unknown, pending or potential, whether in equity or in law, that they have or may have against each City Defendant arising out of or relating to the imposition, charging, payment or collecting of the employee mitigation impact fees paid by the Forest Service Lots Plaintiffs as a condition of the issuance of a building permit for Lots 4 and 5 of the Ranger Station Subdivision, including but not limited to those relating to the Forest Service Lots Development Impact Fee Litigation. 7.General Release of Forest Service Lots Plaintiffs by the City Defendants. Effective upon DR 24F16, LLC’s receipt of the AH Certificate from the City, and the dismissal with prejudice of the Forest Service Lots Development Impact Fee Litigation, each City Defendant for itself and its respective officers, members, managers, , , agents, representatives, , , successors, and assigns hereby fully release and discharge all Forest Service Lots Plaintiffs and their respective officers, directors, members, managers, heirs, employees, agents, consultants, independent contractors, representatives, parents, subsidiaries, affiliates, successors, and assigns from each and every claim or cause of action, whether accrued or contingent, known or unknown, pending or potential, whether in equity or in law, that they have or may have against each Forest Service Lots Plaintiffs Defendant arising out of or relating to the imposition, charging, payment or collecting of the employee mitigation impact fees paid by the Forest Service Lots Plaintiffs as a condition of the issuance of a building permit for Lots 4 and 5 of the Ranger Station Subdivision, including but not limited to those relating to the Forest Service Lots Development Impact Fee Litigation. 8.Right to Terminate. Either Party shall have the right to terminate this Agreement upon written notice to the other parties if any person files an appeal, petition for certiorari, petition for referendum, petition for initiative, or any other pleadings, petitions, or filings appealing or otherwise challenging the adoption of the Resolution attached hereto as Exhibit 3 within 45 days after the adoption of the Resolution (the “45-Day Termination Period”) by the Aspen City Counsel. If any Party timely provides notice that it is exercising its right to terminate this Agreement within the 45-Day Termination Period, the Agreement shall be null and void and unenforceable and no Party shall have any obligation to comply and perform any of the provisions of the Agreement, including the Forest Service Lots Plaintiffs’ obligation to dismiss the Forest Service Lot Development Fee Litigation, the City Defendants’ obligation to issue and convey the AH Certificate to DR 24F16, LLC and the Parties mutual release of the other Parties for any claims arising out of or relating to the payment by Forest Service Lots Plaintiffs of the employee housing mitigation fees for Lots 4 and 5. 9.Notice. Any notice, demand, or document that any Party is required or may desire to give, deliver, or make to another Party concerning this Agreement shall be in writing and may be personally delivered, or given by overnight courier, or given by United States certified mail, postage pre-paid, return receipt requested, addressed as follows: 117 6 City Defendants:Josh A. Marks, Esq. BERG HILL GREENLEAF RUSCITTI LLP 1712 Pearl Street Boulder, CO 80302 Telephone: (303) 402-1600 jam@bhgrlaw.com Jim True Esq., Esq. – City Attorney City of Aspen 130 S. Galena Street Aspen, CO 81611 Email: jim.true@cityofaspen.com Forest Service Lot Plaintiffs:David L. Lenyo, Esq. Macklin J. Henderson, Esq. Garfield & Hecht, P.C. 625 East Hyman Avenue, Suite 201 Aspen, Colorado 81611 Telephone: (970) 925-1936 E-mail: dlenyo@garfieldhecht.com E-mail: mhenderson@garfieldhecht.com 10.No Admission of Liability. It is expressly understood and agreed the Parties enter into this Agreement to compromise and settle claims. The terms of this Agreement do not constitute an admission of liability by any of Party, nor shall this Agreement or any proceeding hereunder, be deemed to be evidence of or an admission of any liability or wrongdoing by any Party. 11.Assignment of Rights. Each of the Parties represents and warrants that he, she, or it has not sold, assigned, conveyed, or otherwise transferred, prior to the final execution of this Agreement, any interest in the Litigation. 12.Captions. The captions or headings of the Sections or Paragraphs of this Agreement are for convenience of reference only and in no way define, limit or affect the scope or substance of any Section or Paragraph of this Agreement. 13.Scope of Promises, Representations, and Inducements. The Parties acknowledge, warrant and represent that no promises, representations or inducements, except as set forth in this Agreement have been offered or made by any of the Parties to secure the execution of this Agreement, and that this Agreement is executed without reliance on any statements or any representations not contained herein. Each of the Parties knowingly waives: (1) any claim that this Agreement was induced by any misrepresentation or nondisclosure, and (2) any right to rescind or avoid this Agreement based on any mistake or upon presently existing facts, known or unknown. 118 7 14.Voluntary Agreement. The Parties agree and understand that this Agreement has been freely and voluntarily entered into, and that no representations or promises of any kind other than those contained in this Agreement have been made by either Party to induce the other Party to enter into this Agreement. The Parties have read and understand this Agreement in its entirety. The Parties acknowledge that each of them has been represented by counsel in connection with the negotiation, drafting, and execution of this Agreement. 15.Authority to Enter Agreement/Non Assignment. Each person and entity executing this Agreement warrants that he, she, or it is the duly authorized representative of the person or entity for which he or she acts and is fully and legally empowered to execute and deliver this Agreement. Each person and entity represents that it has not further assigned or conveyed its claims or potential claims to any third party and agreed to defend, indemnify and hold harmless any other party who is subjected to a claim covered by this Agreement asserted by a third party under a purported assignment or conveyance. 16.Interpretation of Agreement. Each Party acknowledges and agrees that this Agreement shall not be deemed prepared or drafted by any one Party. In the event of any dispute between the Parties concerning this Agreement, the Parties agree that any rule of construction, to the effect that any ambiguity in the language of the Agreement is to be resolved against the drafting Party, shall not apply. 17.Entire Agreement. The Parties agree that this Agreement constitutes the final and entire agreement among the Parties and hereby supersedes and voids any and all prior agreements, letters, or understandings, whether written or oral, which may have existed regarding the subject matter of this Agreement. 18.Severability. In the event any portion of this Agreement is determined to be void or voidable by a Court of competent jurisdiction, all other portions of this Agreement shall remain in effect. 19.Modification of Agreement. No provision or term of this Agreement may be amended, modified, revoked, supplemented, waived, or otherwise changed except by written instrument duly executed by the Parties. 20.Applicable Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of Colorado. 21.Counterparts. This Agreement may be signed and executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or email shall be effective as delivery of an originally executed counterpart of this Agreement. The Parties hereto further acknowledge and agree that this Agreement may be signed and/or transmitted by using electronic signature technology (e.g., via DocuSign, Adobesign, or other electronic signature technology), and that such signed electronic record shall be valid and as effective to bind the Party so signing as a paper copy bearing such Party’s handwritten signature. The Parties further consent and agree that (i) to the extent a Party signs this Agreement using electronic signature technology, by clicking “SIGN”, such Party is signing 119 8 this Agreement electronically; and (ii) the electronic signatures appearing on this Agreement shall be treated, for purposes of validity, enforceability and admissibility, the same as handwritten signatures. 22.Enforcement. In the event any litigation is initiated by any Party against another Party to enforce, interpret or otherwise obtain judicial or quasi-judicial relief in connection with this Agreement, the prevailing Party in such litigation shall be entitled to recover from the non-prevailing Party all costs, expenses, reasonable attorneys’ fees and expert witness’ fees, relating to or arising out of (i) such litigation (whether or not such litigation proceeds to judgment), and (ii) any post-judgment or post-award proceeding including without limitation one to enforce any judgment or award resulting from any such litigation. 23.Fees and Costs. The Parties agree to bear their own attorneys’ fees and costs incurred in connection with the Litigation and with preparation and completion of this Agreement. 24.Further Assurances. The Parties agree to cooperate fully and execute any and all supplementary documents, including, but not limited to, appropriate pleadings, and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 25.Acknowledgment of Understanding. The Parties acknowledge that they have read the Agreement, have discussed the force and legal effect of this document with legal counsel, that they understand the terms and provisions of this Agreement, and that they sign this Agreement as a voluntary act and deed. [Signature Blocks on Following Page] 120 9 CITY DEFENDANTS: City of Aspen By: _________________________________Dated: March ___, 2024 Print Name: Title: City of Aspen City Council By: _________________________________Dated: March ___, 2024 Print Name: Title: Approved by City Defendants’ Attorneys ____________________________________Dated: March ___, 2024 Josh A. Marks, Esq., # 16953 BERG HILL GREENLEAF RUSCITTI LLP ____________________________________Dated: March ___, 2024 James R. True Esq., Esq. City Attorney City of Aspen 121 10 FOREST SERVICE LOT PLAINTIFFS: Forest Lookout II LLC a Colorado limited liability company By: ____________________________Dated: March _____ 2024 Print Name: Title: Aspen Forest 8th Street LLC, a Nevada limited liability company By: ____________________________Dated: March _____ 2024 Print Name: Title: DR 24F16, LLC a Colorado limited liability company By: ____________________________Dated: March _____ 2024 Print Name: Title: Approved by Forest Service Lot Plaintiffs Attorneys ____________________________________Dated: March _____ 2024 David L. Lenyo, Esq. #14178 GARFIELD &HECHT,P.C. 122 123 EXHIBIT 1 DATE FILED: January 25, 2022 1:54 PM FILING ID: FCB201A878E48 CASE NUMBER: 2022CV30009 124 125 Agreement Professional Services Page 0 Updated 1/2024 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2024-025 AGREEMENT made this 6th 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) 920-5079 And the Professional: Anser Advisory c/o Travis Guerette 601 Gyrfalcon Court, Unit A Windsor, CO 80550 303-944-9288 Travis.guerette@anseradvisory.com For the Following Project: Environmental Consulting Services for the Lumberyard Affordable Housing Project 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: Resolution No.: Exhibit A: Scope of Work and Fee Schedule in Anser Advisory Proposal Total: $114,883.00 DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 2024-043 March 26, 2024 38126 Agreement Professional Services Page 1 Updated 1/2024 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 5/24/2024. 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 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. 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 relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 39127 Agreement Professional Services Page 2 Updated 1/2024 use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 40128 Agreement Professional Services Page 3 Updated 1/2024 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 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 DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 41129 Agreement Professional Services Page 4 Updated 1/2024 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 employment-related decision or benefit on account of actual or perceived race, DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 42130 Agreement Professional Services Page 5 Updated 1/2024 color, religion, national origin, gender, physical or mental disability, age, 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. (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 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. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 43131 Agreement Professional Services Page 6 Updated 1/2024 (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 Parti es, 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: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 44132 Agreement Professional Services Page 7 Updated 1/2024 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 attached Exhibit A. 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: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 45133 Agreement Professional Services Page 8 Updated 1/2024 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 Standard Terms & Conditions Architectural Services Agreements can be found on city website https://aspen.gov/1517/Purchasing JPW-3/6/2024- M:\city\cityatty\arch\ag1-981.doc DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3D 3/12/2024 | 4:51:53 AM MDT Vice President Travis Guerette DocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 46134 REQUEST FOR PROPOSALS 2024-25 ENVIRONMENTAL CONSULTING SERVICES for the Lumberyard Affordable Housing Project DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 47135 TABLE OF CONTENTS 1. Cover Letter 2. Firm Information 3. Qualifications & Availability of Proposed Team 4. Similar Project Experience 5. References 6. Fee Proposal Workbook i 1 2 6 8 9 Anser Advisory Lumberyard Affordable Housing Project Environmental Consultant Services DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 48136 Anser Advisoryi |Lumberyard Affordable Housing Project Environmental Consultant Services February 19, 2024 City of Aspen Purchasing Department 427 Rio Grande Place Aspen, CO 81611 (970) 920-5059 RE: REQUEST FOR PROPOSALS 2024-025 ENVIRONMENTAL CONSULTING SERVICES FOR THE LUMBERYARD AFFORDABLE HOUSING PROJECT Dear Members of the Selection Committee, We at Anser Advisory (Anser), formerly RLH Engineering, Inc., are pleased to submit this letter and enclosed information regarding our firm, experience, and qualifications for the proposed City of Aspen 2024-2025 Lumberyard Affordable Housing Environmental Consulting Services. Our firm has been in business in the state of Colorado for more than 32 years, providing both environmental consulting and project management services since its inception. We have completed more than 1,300 environmental consulting engagements, involving asbestos, lead, radon, mold, regulated building materials and demolition; and have served as project managers for various clients on 48 bond and capital improvement programs. Anser in general and the project team specifically have extensive experience with similar projects involving sites with multiple components such as yours with buildings ranging from metal storage to residential apartments. Anser is a registered Asbestos Consulting Firm with the Colorado Department of Public Health and Environment, and all team members proposed in this submittal maintain active certifications in hazardous material disciplines relative to the Environmental Consulting Services RFP. We accept and are fully qualified to participate in the initial investigation, procurement and oversight of General Abatement Contractors and soil investigations for the duration of this solicitation. In serving a clientele that includes 9 State of Colorado Higher Education entities, and over 30 K-12 School Districts, we have gained specialized experience in multi-building investigations and remediation. We appreciate the opportunity to be considered for these services and are confident our experience and expertise will make us a valuable member of your project team. Please feel free to contact us if you have any questions regarding our qualifications. Sincerely, Travis Guerette, LEED AP Vice President/Managing Director, Mountain Region 601 Gyrfalcon Court, Unit A Windsor, CO 80550 (M) 303.944.9288 travis.guerette@anseradvisory.com DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 49137 1 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services 2. Firm Information Anser Advisory is a national firm specializing in capital program advisory and consulting services, including strategy, funding, process, organization preparedness, as well as environmental consulting, project, program and agency construction management and controls. Anser services a wide range of end markets, including transportation, energy, aviation, K-12 and higher education, state/local government, healthcare, water/ sewer, cultural, housing, and corporate commercial. Anser has well-established relationships with clients and other professionals within Colorado. Locally, our firm specializes in project/ program management for new construction and renovations and environmental consulting for asbestos, lead, radon and mold, including building survey, abatement design and management plans. Anser (formerly RLH Engineering, Inc.) has served as a CDPHE-registered Asbestos Consulting Firm as defined under Regulation 8, Part B (5 CCR 1001-10, Part B) for more than 34 years, and has a principal place of business located in Windsor, Colorado which emphasizes personal service. Beyond our technical capabilities, we seek to serve our clients by providing timely, quality and personalized attention to the many facets of our consulting work. We believe our clients deserve sensitivity and responsiveness, particularly when projects are highly visible, environmentally sensitive and complex. We are committed to fulfilling these objectives for each unique engagement. With over 34 years of experience providing services to our clients throughout Colorado, we provide the highest level of project management and environmental services that enables communication transparency and quality. Our team takes on the complex tasks of managing projects from assessment through closeout. The Anser Advisory team has a long history managing the abatement of Colorado construction projects. Our previous work with the major architects, engineers, and contractors serving Colorado’s market allows us to assemble the most qualified, trusted, and effective teams on our client’s behalf. We provide a 100% commitment to protecting the interests and investments of our clients by creating a cooperative partnership to achieve project goals and objectives. The proposed Anser team has completed over $4 billion in total construction value in education facility construction and abatement throughout Colorado, including over 2,800 environmental projects providing services to school district clients. Our team has decades of experience in Colorado providing environmental services to clients, and the City of Aspen will be proactively provided with the right resources, lessons learned approach, and team coordination and relationship management to enable success on the City’s proposed Lumberyard Affordable Housing Project. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 50138 2 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services 3. Qualifications & Availability of Proposed Team Vendor Contact Zachary Minniear will serve as our team’s director and contract administrator, and provide high level resource management throughout the duration of our engagement. He can be contacted for all matters pertaining to our services with the City. Staff Capabilities & Qualifications We will provide focused and dedicated leadership to your project and will manage each phase to align with the City’s requirements and timelines. Our personnel are specifically selected and assembled with our individual client’s needs in mind. Our proposed project management staff have dedicated the appropriate available resources and possess the best aligned local construction knowledge necessary to complete the work. The timing of this project has allowed us to propose staff members we believe to be an exceptional fit and value for the City’s bond projects. Zachary Minniear will act as the Project Director, working closely with Mark Brady, Project Manager, and our Technicians. Zachary Minniear Director 601 Gyrfalcon Court, Unit A Windsor, CO 80550 (M) 303.710.1439 zachary.minniear@anseradvisory.com MARK BRADY Project Manager & Day-to-Day Point of Contact JAKE OSKVAREK Project Technician ZACHARY MINNIEAR Project Director Additional technician and support staff available as needed. TRAVIS GUERETTE LEED AP Managing Director Resumes of our proposed team are attached following this section. As needed during the project, we have a variety of in-house experts ready to serve the City. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 51139 3 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services SECTION 3 (CONT.) TRAVIS GUERETTE LEED AP Managing Director • 24 Years of Experience Project Experience COLORADO STATE UNIVERSITY - EDDY HALL »Abatement Cost - $607,292 »Building ACM Survey »Authored abatement method variance which was approved by CDPHE and saved CSU substantial abatement fee and schedule MAPLETON PUBLIC SCHOOLS - SKYVIEW HIGH SCHOOL »Abatement Cost - $1,900,000 »Provided design documents, air monitoring, project management to remove acoustical spray, block filler, pipe fittings, TSI materials and contaminated soil. WELD COUNTY SCHOOL DISTRICT RE-6 »Design/overseer of over 100 asbestos abatement projects »Greeley West HS Abatement Cost - $405,333 »Heath Middle School Abatement Cost - $810,000 ADDITIONAL ENVIRONMENTAL EXPERIENCE Douglas County School District, St. Vrain Valley School District, Executive Tower Inn, Town of Severance, Colorado State University, Boulder County School District, Weld County School District RE-4, Weld County School District RE-2, Weld County School District RE-3J, Weld County School District RE-1, Adams County School District 14, School District 27J (Brighton) Travis joined Anser Advisory with a Bachelor of Science in Environmental Health. Travis’ strong communication skills and a solid background in construction have equipped him for owner’s representative services during school bond improvement programs. These services include coordinating the work of designers and contractors for renovation and new construction. Education Bachelor of Science in Environmental Health, Colorado State University Certifications »Leadership in Environmental Energy Design (LEED) Accredited Professional (AP) »Construction Management Certification Program, Colorado State University »Building Inspector and Asbestos Project Designer; Management Planner; Air Monitoring Specialist, CDPHE ZACHARY MINNIEAR Project Director • 11 Years of Experience Project Experience DENVER PUBLIC SCHOOLS »Abatement Cost - $101,213 »Project Manager for abatement design, bidding, contract administration and air clearance services for HVAC upgrade. »Abatement was performed while school was in session. Materials included pipe coverings, molded fittings, floor tile, mastics and three central plant boilers. WELD COUNTY SCHOOL DISTRICT RE-6 - JOHN EVANS MIDDLE SCHOOL »Project Manager for abatement and demolition. »107,000 squre feet of asbestos-containing materials that were abated and the building demolished. MAPLETON PUBLIC SCHOOLS GLOBAL INTERMEDIATE ACADEMY »$446,983 Abatement Cost »Project Manager for abatement/RBM design, bidding, contract administration and sir clearance services. »82,000 squre feet of asbestos containing material that was abated. COLORADO STATE UNIVERSITY - HUGHES STADIUM »$527,435 Abatement Cost »Project Manager for asbestos/RBM abatement »Abatement design services, complete abatement and onsite observation/air monitoring. Zach has worked on numerous environmental and owner’s representation projects throughout Colorado; services include coordinating the work of Architects, Contractors, and 3rd Party Consultants for school bond improvement programs and special district recreation centers, as well as asbestos abatement investigation, design, bidding, and contract administration. Education Bachelor of Science in Environmental Health, Colorado State University Certifications »Building Inspector and Asbestos Project Designer; Management Planner; Air Monitoring Specialist, US Environmental Protection Agency »Air Monitoring Specialist, NIOSH 582E, US Environmental Protection Agency and State of Colorado »Project Designer and Lead Inspector, US Environmental Protection Agency DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 52140 4 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services JAKE OSKVAREK Project Technician • Two Years of Experience As a Project Technician for Anser, Jake’s primary responsibilities include air monitoring, asbestos inspections, project coordination and assisting in project design/bidding. Project Experience GREELEY WEST HIGH SCHOOL »On-site daily ambient air monitoring, final visual inspections and air clearances »Contract oversight during asbestos abatement WELD COUNTY SCHOOL DISTRICT 6 »District wide asbestos building inspections. Initial investigation, field sampling and re-port preparation »Extensive asbestos inspections performed in 20 large schools, modulars and newly purchased buildings working around stu-dent and staff schedules »Develop improved AHERA management plan documents utilizing district databases and blueprints CLEAR CREEK SCHOOL DISTRICT RE-1 »Full inspections of over 100,000 SF building. Design and Bidding for Abatement cont, On site mgmt. including air monitoring for 8 months Education Bachelor of Science, Journalism, Colorado State University Certifications »Building Inspector, Project Designer, Air Monitoring specialist - US Environmental Protection Agency and State of Colorado, HAZWOPER SECTION 3 (CONT.) MARK BRADY Project Manager • 11 Years of Experience As a Project Manager, Mark’s primary responsibilities include project investigation, asbestos surveys, air monitoring, project coordination, assisting in design/bidding, and project oversight. Mark is also an experienced lead inspector. Project Experience UNIVERSITY OF COLORADO FACULTY STAFFING HOUSING »Project manager for inspection, design, bidding and abatement of five buildings. Managed demolition and site restoration. PLATTE VALLEY MIDDLE SCHOOL »Active abatement with summer school in session and kids in the building. »Provided on-site daily air monitoring and contract administration during asbestos abatement THOMPSON VALLEY SCHOOL DISTRICT »Assisted in the implementation of new Management Plans for 32 facilities »Lead Inspector for more than $700,000.00 in abatement projects over multiple facilities »Abatement design services, complete abatement and onsite observation ADDITIONAL ENVIRONMENTAL EXPERIENCE: Colorado School of Mines, Denver Public Schools, Yuma School District, Weld County School Districts, Douglas County School District, St Vrain Valley School District, Archdiocese of Denver, UC Health (multiple facilities), Boulder Housing Partners, Boulder County and other government facilities (NOAA, NIST, USFS). Previously certified to work as inspector and supervisor in MT, ND, UT, NE and IA. Experience with air monitoring and project management in Colorado, UT, MT, WY, AZ, ND, SD, NE. Education Bachelor of Science, Fisheries Biology, Colorado State University Certifications »Building Inspector, US Environmental Protection Agency and State of Colorado »Air Monitoring Specialist – HAZWOPER, U.S. Environmental Protection Agency »Colorado Dept. of Health Lead- Based Paint Inspector DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 53141 5 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services SECTION 3 (CONT.) Subconsultants Anser Advisory is subcontracting with The Vertex Companies, LLC (VERTEX) to provide certified industrial hygenist capabilities for all asbestos-related work. Mr. Alexander Johnson, M.S., CIH, Senior Industrial Hygenist will review sampling plans and will be included as a signatory on all asbestos reports. Field oversight will be done by Mark Brady, Asst. Project Manager with 10 years of experience and certified CDPHE Building Inspector, Air Monitoring Specialist, and Project Designer. Phase II Environmental Assessment Anser Advisory will also be subcontracting VERTEX for the Phase II investigation. VERTEX is a fast-growth, international firm that is consistently ranked as one of the best places to work based on the AEC industry’s largest employee experience survey. VERTEX’s core solutions include: Forensics, Engineering, Construction Project Advisory, and Environmental. We were founded in 1995 and currently have over 650 professionals with offices across North America. From our network of office and remote locations, VERTEX is within a 4-hour drive from all major U.S. metropolitan areas and has licensed PEs in all 50 states. To this day, VERTEX is led by its founding management team. Phase II sampling will include: · 4 Test pits to 4 ft below ground surface (bgs) with samples collected at 0-2 ft bgs and 2-4 ft bgs for Lead, Asbestos and Polycyclic Aromatic Hydrocarbons (PAHs). · 2 Test pits located in area of former USTs. Pits to be excavated and samples collected at 2 ft intervals and analyzed for Lead, BTEX, and potentially Total Petroleum Jydrocarbons. · 21 surface soils samples (0-2 ft bgs) to be analyzed for RCRA metals and PAHs. · 1 soil boring or test pit to 11 ft bgs with samples collected in 3 ft intervals to be analyzed for VOSs, SVOCs, RCRA Metals in addition to any landfill specific requirements. · 2 Composite sampling of 2 debris piles to be analyzed for VOSs, SVOCs, RCRA Metals in addition to any landfill specific requirements. · 9 soil gas samples from within planned footprint of proposed buildings to be analyzed for TOC by Method TO-15. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 54142 6 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services 4. Similar Project Experience Colorado School of Mines contracted Anser Advisory to provide Asbestos Survey services for six residential buildings located just off campus where a new dorm was planned for construction. The six buildings were complicated in nature, as half were built without building permits, and the other half had numerous renovations performed that created complicated structures to survey and document. Anser completed the surveys and performed Asbestos Abatement and Demolition Design/Bidding for all structures. Anser Advisory managed the asbestos abatement oversight, ensuring that the abatements were performed according to the specifications and documents, and within regulatory requirements, in order to protect the health of staff and students who walk by the site daily for access to campus. This project was highly visible and was sensitive in nature. Several structures required the buildings to have an exterior containment constructed around the buildings, to abate exterior materials. All structures that have been abated and demolished to date have been executed without incident. COLORADO SCHOOL OF MINES, 19TH AND ILLINOIS ABATEMENT AND DEMOLITION CONSULTING | COLORADO SCHOOL OF MINES Owner’s Contact: Mr. Clay Bosworth 1-303-273-3338 General Abatement and Demolition Contractor: Premier Environmental The Scope of Work included supplemental sampling in five buildings, design and oversight for abatement of approximately 8,545 SF of asbestos containing floor tile and mastic, 7,680 SF of asbestos containing block filler on concrete masonry block walls, 1,250 SF of asbestos containing cove base adhesive, 5,360 SF of asbestos containing textured drywall, 800 SF of asbestos containing window caulk and glaze, 18 EA sinks, 16 bathtubs with asbestos containing acoustical insulation, and 16 asbestos containing silver light shields. The Scope of Work included demolition of (4) 2-story brick and concrete buildings and (1) 2-story wood frame building with all utilities cut and capped. As part of the work, mercury lights, thermostats and PCB ballasts were removed as part of the abatement process. Anser Advisory (formerly RLH Engineering) designed, bid, and managed the abatement and demo project while working with CU, City of Boulder and Boulder Valley School District to address concerns associated with abatement and demo in close proximity to local High School and Boulder Creek Path. UNIVERSITY OF COLORADO, FACULTY STAFF COURT WEST ABATEMENT AND DEMOLITION CONSULTING | UNIVERSITY OF COLORADO, HOUSING FACILITIES SERVICES Owner’s Contact: Ms. Patricia McNally-Leef 720 563 7083 General Abatement and Demolition Contractor: All-Star Environmental DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 55143 7 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services SECTION 4 (CONT.) DENVER RESCUE MISSION ABATEMENT CONSULTING | DENVER RESCUE MISSION Denver Rescue Mission contracted Anser Advisory (formerly RLH Engineering) to perform full asbestos surveys of all of their existing facilities, in an effort to document and assess the existing condition of all facilities. Multiple facilities in downtown Denver were surveyed, in addition to The Harvest Farm Complex in Wellington that contained eight structures, and the Fort Collins Rescue Mission property. Properties surveyed included dormitories, residences, shelters, laundry buildings, dining halls, outbuildings, storage buildings, warehouses, all performed while the buildings were occupied. Our ability to perform asbestos surveys in occupied buildings, working around tenants, occupants, and staff, while utilizing state of the art methodologies and procedures to minimize potential exposure during sampling was tested on this project. All buildings were successfully surveyed with little to no impact to any building occupants. COLORADO STATE UNIVERSITY, RIGDEN FARMS ABATEMENT AND DEMOLITION CONSULTING | COLORADO STATE UNIVERSITY FACILITIES MANAGEMENT The Scope of Work included asbestos survey of 7 buildings previously part of CSU Ag Research Farm. Anser Advisory (formerly RLH Engineering) also prepared design and bid documents for the project including full containment outside for removal of friable roofing materials. Materials removed included approximately 11,695 SF of asbestos containing drywall texture and joint compound, 940 Sf of asbestos containing floor tile and mastic, 1,613 LF of miscellaneous caulking and glazing, 3 vibration dampeners, 2,116 SF of metal panels, 5,868 SF of asbestos containing filler on concrete and concrete masonry block walls, 2,960 SF of Transit panels, 96 mudded fittings, 87 Sf of Sheet Vinyl Flooring and 162 SF of adhesive on boards. Owner’s Contact: Mr. Brady Carlstrom 970-5671039 General Abatement and Demolition Contractor: Eagle Environmental Owner’s Contact: Mr. John Morarie 1-303-332-6058 General Abatement and Demolition Contractor: NA DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 56144 Lumberyard Affordable Housing Project Environmental Consultant Services 8 | Anser Advisory 5. References Anser Advisory has provided the following references for the City’s review. PATRICIA MCNALLY-LEEF, PMP SENIOR FACILITIES PROJECT MANAGER UNIVERSITY OF COLORADO BOULDER, HOUSING FACILITIES SERVICES PATRICIA.MCNALLYLEEF@COLORADO.EDU 970.454.3402 CLAY BOSWORTH PROJECT MANAGER/ARCHITECT SCHOOL OF MINES OFFICE OF DESIGN AND CONSTRUCTION NCBOSWORTH@MINES.EDU 512.954.5607 BRADY CARLSTROM PROJECT MANAGER COLORADO STATE UNIVERSITY BRADY.CARLSTROM@COLOSTATE.EDU 970.567.1089 JOHN MORARIE FORMER VICE PRESIDENT OF OPERATIONS DENVER RESCUE MISSION 303.332.6058 ALEX JOHNSEN, M.S., CIH SENIOR INDUSTRIAL HYGENIST II THE VERTEX COMPANIES, LLC 720.607.4575 DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 57145 9 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services 6. Fees Anser Advisory has provided the following fees for the City of Aspen’s review. Base Scope Lump Sum Fee & Proposal Asbestos $29,086.00 Lead $2,537.00 Phase II ESA $83,260.00 Alt. 1 Abatement Contractor Procurement $7,815.00 Alt. 2 Abatement (see Unit pricing for Assump�ons) $24,129.00 Alt. 3 Closeout $1,202.00 Total Lump Sum $148,029.00 Quan��es and Unit Pricing Asbestos Schedule – March 1-31 , 2024 Anser proposes to begin asbestos survey within two weeks of receiving No�ce to Proceed. We an�cipate the field survey to take 1 week with 2-3 weeks for finalizing the report. Field work will include collec�on of TCLP Lead samples and inventory of Regulated Building Materials (RBMs) for removal prior to demoli�on such as thermostats, exit signs, refrigerants, PCB containing light ballasts, etc. Labor Hrs./Units $/hr. Total CIH 6 $212.75 $1,276.50 PM 64 $98 $6,272.00 Tech 138 $80.5 $11,109.00 Total $18,657.50 Reimbursables Unit $ Total Laboratory Bulk Samples 500 each $9.78 $4,890.00 Point Counts 50 each $20.4 $1,020.00 Sub Total $5,910.00 Mileage 700 miles $0.67 $469.00 Per Diem 12-man days $50.00 $600.00 Lodging 9-man days $150 $1,350.00 Subcontractors 28 $75 $2,100.00 Sub Total $4,519.00 Total $10,429.00 $29,086.50 DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 58146 10 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services Lead - March 1-31 , 2024 Anser proposes to collect TCLP Lead samples in conjunc�on with asbestos sampling field work. Work will begin within two weeks of receiving No�ce to Proceed. Results can be made available sooner, but our intent is to include when providing Asbestos Survey Report. Task Unit $ Total Sample Collec�on 4 hrs. $98/hr. $392.00 Laboratory 11 each $195 $2,145.00 Total $2,537.00 Phase II ESA – Phase II tes�ng and repor�ng is an�cipated to take 3-4 weeks from No�ce to Proceed. Depending on various factors (�me of year, driller availability, etc.) total schedule could be worst case 6-8 weeks from NTP. Task $ Project Management, U�lity Clearance, HASP, Equipment Expense $6,129.50 Fieldwork Labor $12,190.00 Subcontractor Costs $41,256.25 Lab $14,829.25 Phase II LSI Report $8,855.00 Total $83,260.00 Alternate 1 - Abatement Contractor Procurement Design – Prepara�on of Abatement Specs and CDs will begin immediately a�er finalizing Survey reports. Development of design documents is an�cipated to take approximately 1 week. Labor HRs $ Subtotal CIH 1 $212.75 $212.75 PM 16 $98 $1,568.00 Tech 24 $80.5 $1,932.00 Reimbursables 6 75 $450.00 Total $4,162.75 Bid – Schedule for procuring abatement contractor is an�cipated to be a 2–3-week �meframe from issuance of Invita�on to bid, bid walk, response to RFIs and bid submission. This can follow immediately a�er comple�on of specifica�ons and CDs although if overall schedule allows, avoiding end of May through June will allow for less compe��on for contractors due to K-12 schoolwork and could result in beter rates and availability from General Abatement Contractors. Work will involve compiling bid package (Invita�on to Bid, Bond Agreements if required, General contract Condi�ons, etc.), distribu�on of bid package to approved / qualified contractors, atending on site bid walk, response to ques�ons, prepara�on of addendum if needed, bid opening (assuming virtual but on site can be accommodated)l and recommenda�on of award. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 59147 11 | Anser AdvisoryLumberyard Affordable Housing Project Environmental Consultant Services Labor HRs $ Total PM 24 $98.00 $2,352.00 Technician 12 $80.50 $966.00 Reimbursables $335.00 Total $3,653.00 Alternate 2 –The proposed schedule assumes a 3-week abatement. Unit rates reflect Anser Advisory’s 2024 Billing Rates. Labor Hrs $ Total Contract Management / Oversight 36 $98.00 $3, 258.00 OAC 36 $98.00 $3,258.00 AMS 15 $800.00/day $12,000.00 Reimbursables $5,814.00 Total $24,129.00 Alternate 3 – Closeout Report - The proposed costs for this alternate have no reimbursables. Labor Hrs $ Total PM 4 $98.00 $392.00 Project Asst 15 $54.00 $810.00 Total $1,202.00 DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 60148 March 1, 2024 City of Aspen Purchasing Department 427 Rio Grande Place Aspen, CO 81611 (970) 920-5059 RE: SUPPLEMENTAL PROPOSAL for 2024-025 ENVIRONMENTAL CONSULTING SERVICES FOR THE LUMBERYARD AFFORDABLE HOUSING PROJECT Dear Members of the Selection Committee, We at Anser Advisory (Anser), formerly RLH Engineering, Inc., appreciate the opportunity to provide additional information in support of our proposal for the proposed City of Aspen 2024- 2025 Lumberyard Affordable Housing Environmental Consulting Services. Our firm has been in business in the state of Colorado for more than 32 years, providing both environmental consulting and project management services since its inception. We have completed more than 1,300 environmental consulting engagements, involving asbestos, lead, radon, mold, regulated building materials and demolition; and have served as project managers for various clients on 48 bond and capital improvement programs. Anser in general and the project team specifically have extensive experience with similar projects involving sites with multiple components such as yours with buildings ranging from metal storage to residential apartments. In addition, Anser has chosen to partner with VERTEX Companies (VERTEX) due to their excellent record and extensive experience with Phase II Environmental Site Assessments. • The scope presented here is unchanged from our original proposal. We have added supplemental information to aid in your selection process. • The cost estimate included in our original proposal is unchanged. • Resumes of key VERTEX employees proposed for this work are attached. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 61149 We appreciate the opportunity to be considered for these services and are confident our experience and expertise will make us a valuable member of your project team. Please feel free to contact us if you have any questions regarding our qualifications. Sincerely, Travis Guerette, LEED AP Vice President/Managing Director, Mountain Region 601 Gyrfalcon Court, Unit A Windsor, CO 80550 (M) 303.944.9288 travis.guerette@anseradvisory.com DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 62150 Phase II Environmental Site Assessment: Anser Advisory and Vertex Company (Project Team) propose to conduct a Phase II Environmental Site Assessment (ESA) to assist the City of Aspen in developing the project site for affordable housing. The Phase II ESA will involve Utility Clearances, Geophysical Investigation, Soil Sampling, Soil Gas Sampling, and Waste Characterization of Debris as outlined in the RFP. Resumes of key personnel proposed for this work are attached. A Health & Safety Plan (HASP) will be prepared to guide the conduct of the work in the event that petroleum hydrocarbons and/or hazardous substances are encountered during the performance of the field activities. It is the policy of VERTEX to prepare a HASP for sites where petroleum hydrocarbons and/or hazardous substances may be present. The purpose of the HASP is to minimize the likelihood of exposure of general public, VERTEX employees and other contractors on site to hazardous concentrations of chemicals during field activities, minimize impacts to the environment, and provide guidelines for subcontractors. It is the responsibility of subcontractors, however, to conduct the work in accordance with their company’s HASP. At this time, it is anticipated that Occupational Safety and Health Administration (OSHA) personal protection Level-D work uniform consisting of hard hats, safety glasses, protective gloves, and steel-toed boots will be required by personnel in the work areas. 1.1 Utility Clearance As part of the subsurface investigation, Project Team will contact appropriate local and state utility clearance companies prior to initiating the drilling activities. As necessary, Project Team will also coordinate with the property owners and/or subject property contacts, or obtain existing utility plans, in order to attempt to clear soil boring locations as being free of underground utilities. The Project Team proposes utilizing Colorado 811 for public utility locates and will investigate and contact private utility providers as needed for any additional utilities (cable, telecom, etc) not located by Colorado 811. 1.2 Geophysical Survey Ground Penetrating Radar (GPR) survey will be conducted on the entirety of the Builders First Source Lumberyard portion of the subject property to identify potential former underground storage tanks (USTs) and in targeted areas around the entire of the subject property including areas of the proposed soil borings at the direction of the Client to verity that no utilities are present and to identify potential anomalies (i.e., former underground storage tanks (USTs), tank graves, buried debris etc.) that may be present. If any subsurface anomalies are detected, the Project Team will consult with The City of Aspen and Slosky & Company to determine if additional soil and gas sampling locations are needed. 1.3 Soil Sampling The Project Team will collect soil and soil gas samples as outined in the RFP and detailed below. Sample locations are identified in the RFP and will not be changed without consultation with The City of Aspen and Slosky and Company. The Project DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 63151 Team proposes to engage Aspen Digger of Carbondale, CO for excavation work. • Excavate four test pits in the former location of the historic structures on the property (northwest corner) to a depth of approximately 4 feet below ground surface (ft bgs) (1 foot into native based on geotechnical boring logs). Collect two soil samples (0 to 2 and 2 to 4 ft bgs) from each test pit and analyze for Lead (Pb), Asbestos and Polycyclic Aromatic Hydrocarbons (PAHs). • Excavate two test pits: with one test pit located in the area of the underground storage tank (UST) which was removed in 1989; and the other test pit in the location of the other UST, which was registered in 1986, assuming that the location of these tanks can be determined by the geophysical survey. Test pits should be excavated to a depth of approximately 8 ft bgs (Approximately 1 foot below the bottom elevation of the tanks). Collect soil samples from every two-foot interval (0-2, 2-4 ft bgs, etc.) in each test pit and analyze for Pb, Benzene, Toluene, Ethylbenzene and Xylenes (BTEX) and Total Petroleum Hydrocarbons (TPH) with PAHs if TPH is over 500 milligrams per kilogram (mg/kg). • Collect 21 surface soil samples (0 to 2 ft bgs) from proposed green scape areas and analyze for Resource Conservation and Recovery Act (RCRA) Metals and PAHs. • Excavate 1 soil boring or test pit to approximately 11 ft bgs in the area of the proposed storm water detention pond. Collect four soil samples from 0 to 3, 3 to 6, 6 to 9 and 9 to 11 ft bgs) and analyze for Volatile Organic Compounds (VOCs), Semi Volatile Organic Compounds (SVOCs), RCRA Metals and other analyses that would be required for local landfill disposal. • The two debris piles located to the west and northwest of the current lumberyard will be characterized for disposal at a local landfill. Project Team will collect at least one sample from each debris pile (see attached figure) and analyze the samples for VOCs, SVOCs, RCRA Metals and other analyses that would be required for local landfill disposal. 1.4 Soil Gas Sampling • Project Team will collect nine soil gas samples from within the footprints of the planned buildings, in the areas of the former USTs, and at the current ASTs located on the property. Soil gas sampling methods will follow State and Environmental Protection Agency (EPA) guidance and best practices. Samples will be analyzed the for VOCs by Method TO-15. Sample locations are identified in the RFP and will not be changed without consultation with The City of Aspen and Slosky and Company. Reporting • The results of the sampling and geophysical survey will be presented in a clearly written Phase II Environmental Site Assessment report, including all appropriate appendices. Results of the sampling will be compared to the appropriate EPA Regional Screening Levels for residential soil and EPA Residential Vapor Intrusion Screening Levels for soil gas (Target Near-source, Target Risk = 10-6 and Hazard Quotient = 0.1). DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 64152 Alexander Johnsen (Last modified on 2/28/2024) Page 1 of 4 The Vertex Companies, LLC Alexander Johnsen, M.S., CIH Senior Industrial Hygienist II E ajohnsen@vertexeng.com | P 303.623.9116 BIOGRAPHY Mr. Johnsen has over ten years of experience working on various construction and environmental remediation projects at residential, commercial, municipal, and government sites. With a broad clientele base ranging from individual homeowners to law firms, private contractors, and government agencies, Mr. Johnsen has worked extensively with a wide variety of environmental contaminants and cleanup procedures. Mr. Johnsen is an American Board of Industrial Hygiene Certified Industrial Hygienist and provides expertise in comprehensive industrial hygiene, regulatory compliance including OSHA and EPA program compliance, mold, asbestos, chemical exposure monitoring (e.g. formaldehyde, hexavalent chromium, cadmium, etc.) waterborne pathogens (e.g., Legionella, sewage, etc.), wildfire residue sampling assessments (soot/ash/char), COVID-19 consulting, illicit drug testing and remediation, and hazardous waste. As an expert, Mr. Johnsen has provided deposition testimony, written expert reports, and assisted colleagues with written defense reports. EDUCATION/TRAINING M.S., Master of Science, University of Denver 2013 B.S. Biology, Bachelor of Science, University of Colorado - Denver 2013 LICENSES/CERTIFICATIONS Asbestos Project Designer, State of CO Air Monitoring Specialist, State of CO Asbestos Building Inspector, State of CO Methamphetamine Consultant, State of CO Certified Industrial Hygienist (CIH) Certified Mold Inspector, State of CO USP 797 and Environmental Sampling, State of CO OSHA 10-hour Construction Safety and Health OSHA 40 Hour HAZWOPER MSHA 40hr/Underground SPECIAL TRAINING AIHA Registered Specialist: Exposure Decision Analysis OSHA Fall Protection and Retrieval Training IAQA Course – Mold Health Effects, Sampling and Data Interpretation e-RAILSAFE Railroad Safety Training Certified X-Ray Fluorescence Lead-analyzer (XRF) ASSOCIATIONS American Conference of Governmental Industrial Hygienists American Industrial Hygiene Association (AIHA) (National) AIHA (Rocky Mountain Section) Colorado Environmental Professionals Association (CEPA) Expertise Industrial Hygiene Indoor Air Quality Methamphetamine Mold Asbestos Lead Paint Investigations & Remediation Lead Radon Sampling Radon Services Domestic (Potable) Water System Sampling Silica Dust Lead in Water O&M Program Cooling Tower System Sampling COVID-19 Pollution C&O Investigations Hazardous Materials/Waste Claim Investigation Litigation Support & Expert Testimony (Insurance Support) Litigation Support & Expert Testimony (Air Quality) Environmental Health & Safety Facility Closure Water loss DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 65153 Alexander Johnsen (Last modified on 2/28/2024) Page 2 of 4 The Vertex Companies, LLC RELEVANT EXPERIENCE LITIGATION SUPPORT Expert Report Regarding Mold Claim | Plaintiff Clark v. Defendant Carpet Tech - Texas Provided a written report to counsel in the defense of a restoration contractor involved in an alleged mold claim. Expert Report for Mold Claim |Plaintiff Blakely v. Defendant Cormorant Company Provided an expert report to defense counsel regarding an alleged mold claim by a tenant in a multi- family building. Expert Services | Legionella Claim in Colorado Counsel for a property management company retained VERTEX to perform water sampling of a hot tub/spa in response to the County's notice of violation and alleged case(s) of Legionnaires' Disease. Litigation Support and Water Sampling | Defendant Home Water Solutions LLC vs. Plaintiff Rice Reviewed another consultant's report, collected our own samples, and co-authored a report for Defense Counsel. Litigation Support and Water Sampling | Defendant Water Home Solutions vs. Plaintiff Riley- Carson Reviewed another consultant's report, collected our own samples, and co-authored a report for Defense Counsel. Litigation Support and Water Sampling | Defendant Home Water Solutions LLC vs. Plaintiff Bradshaw Reviewed another consultant's report, collected our own samples, and co-authored a report for Defense Counsel. Deposition | Fargo v. Nationwide Provided deposition testimony for my involvement in a combustion by-product case. Expert Services to opine on standard of care for mold remediation | Russo V. Dry All in New Jersey Reviewed multiple reports from various consultants and documentation from the defendant and then opined as to the standard of care for mold remediation. Expert Services | Snodgrass vs LaBouf et al. Provided expert support services for a law firm regarding a mold case. Expert services regarding asbestos | Asbestos Claim in New Hampshire I was retained by legal counsel for the defendants regarding an alleged asbestos disturbance. I provided expert services for the counsel regarding asbestos laws, regulations, and industry standards. Professional Industrial Hygiene Review and Opinion | Proposed Sand and Gravel Mine Reviewed documentation pertaining to the proposed development of a sand and gravel mine in Minnesota and helped develop and review VERTEX's professional opinion on the potential health- related issues resulting from respirable crystalline silica that could be generated from the proposed mining activities. Work Plan and Post-Remediation Verification | Classic Brands Provided a work plan for the successful mitigation of a contaminant within a residence. Expert Services Including Air Sampling | Methane Evaluation in Oregon Provided an air quality investigation and evaluation for methane in support of litigation activities. Services: Certified Industrial Hygienist Expert, IAQ-related. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 66154 Alexander Johnsen (Last modified on 2/28/2024) Page 3 of 4 The Vertex Companies, LLC Retained by: Schulte & Anderson Law Firm Expert Services Including Case Review and Report Review | Asbestos Inspection in Colorado Provided document review and peer reviewed colleague’s expert report in support of litigation activities. Services: Certified Industrial Hygienist Expert, IAQ-related Retained by: SGR, LLC RELEVANT PROJECT EXPERIENCE Industrial Hygiene | Industrial Hygiene support for Cause and Origin Report Performed TVOC sampling using a PID and wipe sampling for methamphetamine in a single-family residence where the Insured was claiming contamination from a neighbor's property. Industrial Hygiene/IAQ | IAQ assessment for CHPS To comply with the Collaborative for High Performance Schools (CHPS), a thorough assessment of new construction was performed over a two-day period which included a visual assessment of the HVAC systems, air sampling for mold, bacteria, total VOCs, sulfur dioxide, nitrogen dioxide, 4-PCH, temperature, humidity, carbon monoxide, carbon dioxide, PM 10, and PM 2.5. A wide variety of air sampling equipment and sampling media was utilized during this assessment. Employee monitoring for airborne metals and ammonia | IH Employee Exposure Monitoring Performed personal exposure monitoring for workers at a large manufacturing facility for airborne metals and ammonia gas. Mold remediation protocol development and oversight | Hotel at the Kansas City Airport VERTEX performed a microbial growth assessment where visible suspect mold was observed in hundreds of rooms of the eleven-story hotel. A written remediation protocol was established and final inspections were performed to document the successful and complete remediation of the entire guest wing of the hotel. TCLP for RCRA 8 and ICR | Coal Pile Sampling - Lafayette, CO Gathered TCLP samples of suspect debris located in a field and analyzed the debris for RCRA 8 metals and the ICR characteristics. Mold and Moisture investigation | Hotel - Las Vegas, NV Performed a due-diligence inspection in multiple rooms throughout the multi-level hotel for mold and moisture via air sampling and borescopes. Methamphetamine Assessment | Methamphetamine Assessment - Aurora, CO Performed initial sampling, oversight, and final clearance sampling for methamphetamine at a commercial property in Aurora. Asbestos Consulting | Commercial High Rise in San Diego, CA At the request of the Client, VERTEX performed a walk-through of the entirety of the building, developed a proposed scope of work, contacted abatement contractors for pricing, and provided consultation to the client for the duration of the project. OSHA monitoring for Cr(VI) | Hexavalent Chromium - Centennial, CO Performing OSHA monitoring for Hexavalent chromium. Air Monitoring for Multiple Contaminants | OSHA Monitoring - Denver, CO Performed OSHA monitoring for Silica, Aluminum oxide, Calcium oxide, Heavy metals, and Hexavalent chromium for several workers in several areas. Combustion By-Product Inspection | Private Ranch - La Veta, CO DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 67155 Alexander Johnsen (Last modified on 2/28/2024) Page 4 of 4 The Vertex Companies, LLC Performed sampling for combustion by-products in a residence after a wildfire came within close proximity to the structure. Moisture intrusion investigation and mold remediation scope of work | Commercial Building - Boulder, CO Performed a moisture intrusion investigation and developed a written mold remediation protocol. Moisture evaluation of crawlspaces | Riviera Apartments - Northglenn, CO Visually inspected multiple crawlspaces and examined the vapor barrier within some of the crawlspaces after mold remediation had occurred. IAQ and asbestos sampling | Cherry Creek Mall - Denver, CO Performed indoor air quality testing for CO, CO2, relative humidity, total VOCs, temperature, and airborne asbestos levels. Utilized an IAQRAE air sampling machine. Asbestos Air clearance and Bulk sampling | Johns Manville - Littleton, CO Performed a final asbestos air clearance and collected bulk samples of suspect asbestos-containing material from a boiler. Air sampling of 100 apartment units | Mold Sampling - Northglenn, CO Helped support an Environmental Site Assessment by collecting air samples for mold in 100 apartment units. Asbestos Inspection | Albertsons - Mill Creek, WA Performed an asbestos inspection of an Albertson's store. OSHA monitoring for Silica | Silica sampling - Arvada, CO OSHA monitoring for Silica for workers performing drywall installation activities. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 68156 Scott Waldenmyer (Last modified on 10/4/2023) Page 1 of 9 The Vertex Companies, LLC Scott Waldenmyer Regional Vice President E swaldenmyer@vertexeng.com | P 303.623.9116 BIOGRAPHY Mr. Waldenmyer is a Regional Vice President at VERTEX with over 20 years of experience in the environmental consulting industry. As a Regional Vice President, he is tasked with the overall leadership, management, strategy, growth and success of VERTEX's environmental operations in both the Mountain and Midwest regions. He is tasked with business development, client management, overseeing hiring practices, proposal preparation, contract negotiations, developing and coordinating project work plans and schedules, conducting site research, report generation, and technical review, ensuring product quality control, subcontractor oversight, interacting with regulators and clients. He is tasked with ensuring compliance of operations with all local, state and Federal regulations as well as compliance with company policy and risk management practices. Mr. Waldenmyer has working knowledge of environmental regulations throughout the Rocky Mountain, Great Lakes, and Midwestern States as well as Washington, Oregon, Florida, North Carolina, and Texas. Mr. Waldenmyer is also responsible for senior management and technical oversight of environmental project teams on projects that include Phase I & II Environmental Site Assessments, hazardous material site investigations, site characterization, remedial investigations and remedial system design, underground storage tank (UST) systems removal, hydrogeologic field studies, site development, brownfield redevelopments, construction, demolition, pre-construction services, regulatory permitting and risk assessments. In addition, Mr. Waldenmyer has worked on numerous multimillion and billion dollar real estate portfolio projects as an assessor of environmental risk as well as complex environmental remediation and development projects. Mr. Waldenmyer provides unparalleled client satisfaction while leading environmental operations and coordinating the performance and successful execution of environmental projects for VERTEX. EDUCATION/TRAINING B.S., Environmental Science with Minor in Spatial Information Processing/GIS, Michigan State University 2002 LICENSES/CERTIFICATIONS Recognized Environmental Professional-REP, State of CO OSHA HAZWOPER 40-Hour, 29 CFR 1910.120 OSHA HAZWOPER 8-Hour, 29 CFR 1910,120 Certified Environmental Professional OSHA 10, State of CO ASSOCIATIONS International Council of Shopping Centers (ICSC), Member National Association for Industrial and Office Parks (NAIOP), Member Highlights Site Development/Redevelopment Support Site Characterization and Remediation Expertise Remediation Consulting Expertise Project Management Experience Nationwide Nationwide Remedial and Due Diligence Experience Nationwide Property Condition Assessments Expertise Environmental Site Assessment and Remediation Environmental Due Diligence and Site Investigations Client Relationship Management Market Entry & Growth Strategy Business Development Site Remediation AutoCad Expertise Phase I ESAs Phase II LSI PCA Remedial Design & Feasibility Studies Groundwater & Soil Characterization Remediation & Construction Management Asbestos Lead Paint Hazardous Materials/Waste ESG Industrial Hygiene Compliance Audits Environmental Permitting Facility Closure Environmental Health & Safety Indoor Air Quality Land Development Site Characterization Soil Disposal UST Removal Vapor Intrusion Investigations & Remediation Limited Compliance Review Radon Services Environmental Portfolio Reviews Transaction Screen Peer Review Radon Sampling DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 69157 Scott Waldenmyer (Last modified on 10/4/2023) Page 2 of 9 The Vertex Companies, LLC National Association of Environmental Professionals (NAEP), Member Rocky Mountain Association of Environmental Professionals (RMAEP), Member Environmental Professionals of Arizona (EPAZ), Member Illinois Association of Environmental Professionals (IAEP), Member Michigan State University Alumni Association, Member RELEVANT EXPERIENCE Due Diligence, Remediation, Industrial Hygiene & Building Sciences | Former Northwest Pipe Facility, Denver, CO Mr. Waldenmyer managed all aspects of the environmental activities associated with the redevelopment of this early 1900's, 40-acre heavy industrial, steel pipe manufacturing facility in Denver, Colorado. Mr. Waldenmyer's responsibilities included managing the project team and remedial activities to ensure the property was redeveloped in accordance with all applicable local, state and Federal regulations and to remediate the property of contaminants in order to protect human health and the environment. Specifically, as a part of the redevelopment activities, Mr. Waldenmyer managed the completion of an ASTM Phase I ESA, enrolling the property into the Colorado Department of Public Health and Environment (CDPHE) Voluntary Cleanup Program (VCP) and brownfield tax credit program, completion of an extensive Phase II Subsurface Investigation, a hazardous material survey, an asbestos and lead paint survey, facility closure and permit compliance, drinking water well abandonment, hazardous waste disposal, aboveground storage tank (AST)/underground storage tank (UST) removal, contaminated soil & groundwater removal and structural demolition activities. Upon demolition of the various on-site structures, VERTEX identified approximately one-mile of buried asbestos-wrapped piping from beneath the structural foundations throughout the site. As a result, Mr. Waldenmyer managed the turnkey asbestos abatement of the buried asbestos pipe which included preparing scope of work plans, review of critical barriers, air clearance sampling, soil sampling, air monitoring, etc. to ensure adherence to applicable CDPHE regulations pertaining to Regulated Asbestos-Contaminated Soil (RACS). Mr. Waldenmyer's management of all aspects of the environmental activities related to the redevelopment of the project site allowed the Client to stay on schedule, within budget, receive regulatory closure via a No Action Determination (NAD) from the CDPHE as well as reimbursement of approximately $175,000 in brownfield tax credits. Due Diligence, Site Development Support, Remediation Consulting | Circa Building, Denver, CO VERTEX was retained to assist in the redevelopment of several early 1900s commercial/industrial properties in the Central Platte Valley area of Denver, Colorado, currently referred to as The Circa Building. VERTEX’s Colorado licensed asbestos building inspector performed the Hazardous Material survey that identified various confirmed asbestos-containing materials (ACMs), lead-containing paint and regulated materials that required abatement and/or removal and disposal prior to initiating demolition activities. VERTEX’s Colorado licensed Asbestos Inspectors, Management Planners, Project Designers and Air Monitoring Specialists designed, managed and oversaw the asbestos abatement activities in each on-site structure as well as conducted post abatement verification sampling to ensure the regulated asbestos had been properly abated in accordance with local, state and Federal regulations prior to demolition. Upon completion of the asbestos abatement activities, VERTEX’s then assisted the client in the demolition permitting process and oversaw the demolition in the event additional suspect ACMs were identified. As a result of the Phase I ESA findings, VERTEX performed a Phase II Limited Subsurface Investigation (LSI) on-site inclusive of both soil and groundwater sampling to assess the potential DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 70158 Scott Waldenmyer (Last modified on 10/4/2023) Page 3 of 9 The Vertex Companies, LLC environmental impacts from historical on and off-site operations. During the Phase II LSI, VERTEX identified areas of contaminated urban coal-based fill material with various constituents exceeding regulatory standards that would require special characterization and proper off-site disposal during redevelopment activities. VERTEX also identified contaminated groundwater that would be encountered during site redevelopment activities through construction dewatering which would require treatment prior to discharging to the municipal storm sewer. Although the Client decided to not pursue regulatory closure through the CDPHE VCUP, VERTEX prepared a Materials Management Plan, Remedial Activities Management Plan for use during site redevelopment activities to ensure proper management and disposal of impacted soil and groundwater. VERTEX assisted the client in the design of a temporary construction dewatering treatment system, prepared and submitted the required discharge permits and developed a compliance monitoring and reporting program for the site to ensure regulatory compliance during construction. VERTEX designed, procured and installed a permanent groundwater treatment/filtration system for implementation and long term groundwater discharge at the site. This also included the preparation of the permanent system regulatory permits. VERTEX was on-site throughout site redevelopment to oversee impacted soil excavation, management and disposal as well as groundwater treatment to ensure regulatory compliance. Due Diligence, Remediation, IHBS, Civil Engineering | Pecos Landfill, Denver, CO Mr. Waldenmyer managed all aspects of the environmental due diligence and landfill post closure care compliance monitoring at a former Municipal Solid Waste (MSW) landfill in Denver, CO. The site historically operated for gravel pit mining from the late 1950s/early 1960s until the late 1970s followed by a municipal solid waste landfill, owned by Browning-Ferris Industries (BFI) and Waste Specialties, Inc. (WSI) from the late 1970s until 1999. The former landfill was closed under Colorado Department of Public Health & Environment (CDPHE) regulations and was subject to post closure care. As a result of prior ownership issues, the site had fallen out of regulatory compliance related to post closure care requirements. The project included completion of an ASTM Phase I Environmental Site Assessment, an ASTM Property Condition Assessment to determine future capital expenditures required to maintain the property as well as the preparation and implementation of a CDPHE-approved Post-Closure Care Plan that included explosive gas/methane monitoring, explosive gas/methane mitigation systems, landfill cap cover inspections, leachate monitoring, drainage/erosion control systems, and groundwater monitoring. Additionally, due to one of the site's stormwater detention basin not having been constructed in compliance with CDPHE, Adams County and Tri-county Health Department regulations, Mr. Waldenmyer managed the VERTEX civil engineering team to perform the engineering design, permitting and re-construction of a stormwater detention basin on the site. Mr. Waldenmyer's management allowed for the Client to acquire the property, implement the appropriate CDPHE-required post-closure care compliance monitoring and re-design an on-site stormwater detention basin in order to maintain compliance with all applicable local, state and Federal regulations for solid waste landfills in Colorado. Due Diligence and Site Development Support | 253 Harvest Industrial Park, Aurora, CO VERTEX was retained to assist in the acquisition of approximately 253 acres of predominantly agricultural land in Aurora, Colorado. Although primarily agricultural land, an 18-acre portion of the site was historically used as a joint venture research and development facility between the U.S. Department of Transportation and an elevator company between the early 1970s until the late 1980s. Mr. Waldenmyer managed all environmental aspects of the due diligence activities relating to the acquisition of the site. The project included the completion of an ASTM Phase I Environmental Site Assessment (ESA) of the property by VERTEX, which revealed several Recognized Environmental DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 71159 Scott Waldenmyer (Last modified on 10/4/2023) Page 4 of 9 The Vertex Companies, LLC Conditions (RECs) including the historical research and development activities and a large quantity of various fly-dumped hazardous materials (i.e., paints, solvents, petroleum products), building materials and suspect asbestos-containing materials (ACMs). VERTEX conducted a Phase II Limited Subsurface Investigation (LSI) at the facility that included the installation of soil borings and groundwater monitoring wells to assess for potential residual impacts from historical site operations. Although no subsurface impacts were found that exceeded Colorado state regulations, the quantity of hazardous materials dumped on-site necessitated the characterization and disposal prior to acquisition. VERTEX conducted a Hazardous Material Survey that included sampling of suspect ACMs dumped on-site along with characterization and quantifying hazardous materials present for disposal requirements. No ACMs were found to be present in the fly-dumped materials. VERTEX oversaw and managed the hazardous waste removal from the site which included disposal of approximately 60 cubic yards of illegally dumped regulated/hazardous materials and building debris for off-site recycling/disposal. Due Diligence, Remediation, Industrial Hygiene & Building Sciences | Train Denver, Denver, CO VERTEX was retained to assist in the redevelopment of this early 1900s commercial and industrial property in the River North (RiNo) area of Denver, Colorado. The area was historically occupied by heavy industrial use, rail yard, commercial drycleaners, printing facilities, machine shops and other operations of environmental concern. The site was historically occupied by automotive repair/service facilities and industrial supply/machine shops. Additionally, the subject property is located within the Vasquez Boulevard and Interstate 70 Superfund/National Priority List region, Operable Unit-One. Mr. Waldenmyer managed all aspects of environmental activities for the project including the completion of a review of prior subsurface investigations, performance of supplemental Phase II Limited Subsurface Investigations to further delineate prior findings, oversight of demolition and construction support consulting and regulatory compliance reporting. Based on the results of the subsurface investigations, on behalf of the client, Mr. Waldenmyer managed the enrollment of the subject property into the Colorado Department of Public Health and Environment (CDPHE) Voluntary Cleanup Program (VCP) to remediate the subject property of contaminants exceeding regulatory standards and demonstrate that conditions after remediation of the areas of concern are protective of human health and the environment based on the intended proposed use of the subject property. As a part of the remedial action plan for the site, VERTEX prepared a Materials Management Plan (MMP) & Soil Characterization Management Plan (SCMP) for use during the redevelopment activities to ensure proper management, characterization and disposal of on-site soil, groundwater and asbestos in soil (if encountered) in accordance with local and state regulations. VERTEX oversaw and managed the soil excavation and disposal activities on-site which included the removal of coal-based, impacted fill material as well as petroleum impacted soil. Upon completion of the remedial activities, Mr. Waldenmyer’s managed the preparation and submittal of a No Action Determination (NAD) petition to the CDPHE for review, concurrence and issuance of regulatory closure which was subsequently received. Mr. Waldenmyer’s management of all aspects of the environmental activities related to the redevelopment of the project site allowed the Client to acquire the property, navigate complex on- site environmental issues, achieve and maintain compliance with local, state and federal regulations and achieve regulatory closure all while maintaining the project timeline and budget. Due Diligence, Site Development Support, Remediation Consulting | Confidential Development Client, Denver, CO DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 72160 Scott Waldenmyer (Last modified on 10/4/2023) Page 5 of 9 The Vertex Companies, LLC Mr. Waldenmyer managed all aspects of the environmental activities associated with the redevelopment of this early 1900's industrial property in the Central Platte Valley area of Denver, Colorado. The Central Platte Valley area was historically occupied by heavy industrial use and a large railyard. The site was historically occupied by food manufacturing/bottling companies until the mid-1970s and then occupied by various industrial/commercial businesses until 2012, when the building was finally vacated. Several underground storage tanks (USTs) were previously located on-site and one UST was still in place. The project included the completion of an ASTM Phase I Environmental Site Assessment of the building by VERTEX, which revealed several Recognized Environmental Conditions (RECs), including the historical operations of the facility, USTs, suspect asbestos-containing materials (ACMs), potential lead-based paint and other various hazardous/regulated materials still present in the building. VERTEX conducted a Phase II Limited Subsurface Investigation at the facility that included the installation of soil borings and groundwater monitoring wells to assess for potential residual impacts from historical site operations. Various concentrations of contaminants of concerns were identified during the investigation, relating to the historical site use. As a result, VERTEX prepared a Materials Management Plan for use during the redevelopment activities to ensure proper management, characterization and disposal of on-site soil and groundwater in accordance with local and state regulations. Concurrent to the Phase II LSI, Mr. Waldenmyer oversaw the performance of a Hazardous Material Survey of the property which revealed the presence of several friable ACMs that required abatement prior to demolition of the site structure including an extensive abatement that occurred in the boiler room of the facility. Mr. Waldenmyer managed and provided oversight of the asbestos abatement activities and characterized the regulated/hazardous materials on-site for the client for removal prior to demolition of the site structures. Upon demolition of the on-site structure, Mr. Waldenmyer, managed and provided oversight of all soil and groundwater remediation activities including the UST removal, soil and groundwater characterization activities, contaminated soil removal, removal of asbestos-contaminated soil, construction dewatering permitting and required weekly/monthly monitoring. Phase I ESA/ Haz Mat Survey, UST/LUST | Paulino Gardens, Denver, CO VERTEX was retained to assist in the redevelopment of this approximately 14-acre property that historically operated as a commercial nursery and landscape business dating back to the early 1960s. The site operations historically utilized several underground storage tanks (USTs) for fleet vehicles and heating of facilities on-site. Mr. Waldenmyer managed all environmental aspects of the redevelopment which included completion of an ASTM Phase I Environmental Site Assessment, a Phase II Limited Subsurface Investigation and Flammable Gas Investigation, a Hazardous Material Survey and subsequent asbestos abatement management, UST removal/closure and pursuit of regulatory closure, as well as structural demolition oversight and construction support consulting. Highlighted services included the following: Phase II LSI & Flammable Gas Investigation VERTEX performed a Phase II LSI and flammable gas investigation onsite to assess the potential for a release from on-site UST systems as well migration of contaminants from upgradient off-site sources as well as the presence of flammable gas on-site as a result of the historical presence of landfills in the immediate vicinity of the site. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 73161 Scott Waldenmyer (Last modified on 10/4/2023) Page 6 of 9 The Vertex Companies, LLC Asbestos Abatement, Regulated Materials Removal and Clearance Services: VERTEX performed turnkey asbestos abatement and regulated materials management and removal activities at the Site including the abatement of plaster walls, vinyl floor tile, window glazing, textured concrete, vinyl sheet flooring, drywall systems, and transite. VERTEX also performed the abatement air monitoring services during the completion of abatement operations at the site. Environmental Remediation/ UST & LUST Removal & Closure: This task included enrollment of the site into the Colorado Department of Labor and Employment-Division of Oil & Public Safety (CDLEOPS) Leaking Underground Storage Tank (LUST) program. The remediation included the characterization, delineation, management, and oversight of the UST closures as well as excavation and disposal of contaminated soils identified on-site. Additionally, VERTEX prepared and submitted necessary regulatory documentation documenting closure activities. Upon completion of the environmental remediation efforts, VERTEX obtained a No Further Action (NFA) through the CDLEOPS LUST program for the client as a result of the successful remediation and closure of the on-site UST systems. The project was completed on-time and under budget. VERTEX’s consulting and guidance throughout the project provided the client with the ability to navigate complex on-site environmental issues, achieve and maintain compliance with local, state, and federal regulations and maintain the project timeline Due Diligence, Site Development Support, Remediation Consulting | Alta Sobo Station, Denver, CO VERTEX was retained to assist in the redevelopment of an early 1900s commercial/industrial property in Denver, Colorado that included various historical occupants including appliance manufacturing, compressor manufacturing, Cherokee solvents and a sign manufacturing facility. The proposed development included a multi-family apartment complex and underground parking. VERTEX conducted a Phase I Environmental Site Assessment (ESA) and Hazardous Material Survey (asbestos, lead paint and other regulated materials) of the site and site buildings. VERTEX’s Colorado licensed asbestos building inspector perform the Hazardous Material survey that identified various confirmed asbestos containing materials (ACMs), lead containing paint and regulated materials that required abatement and/or removal and disposal prior to initiating demolition activities. VERTEX’s Colorado licensed Asbestos Inspectors, Management Planners, Project Designers and Air Monitoring Specialists designed, managed and oversaw the asbestos abatement activities in each on-site structure as well as conducted post abatement verification sampling to ensure the regulated asbestos had been properly abated in accordance with local, state and Federal regulations prior to demolition. Upon completion of the asbestos abatement activities, VERTEX’s then assisted the client in the demolition permitting process and oversaw the demolition in the event additional suspect ACMs were identified. As a result of the Phase I ESA findings, VERTEX performed a Phase II Limited Subsurface Investigation (LSI) on-site inclusive of both soil and groundwater sampling to assess the potential environmental impacts from historical on and off-site operations. During the Phase II LSI, VERTEX identified areas of contaminated urban coal-based fill material with various constituents exceeding regulatory standards that would require special characterization and proper off-site disposal during redevelopment activities. As a result of the Phase II LSI findings, a release was reported to the appropriate regulatory agency. The site was subsequently enrolled the site into the Colorado Department of Public Health and Environment (CDPHE) Voluntary Cleanup Program (VCUP). VERTEX prepared a Materials Management Plan for use during site redevelopment activities to DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 74162 Scott Waldenmyer (Last modified on 10/4/2023) Page 7 of 9 The Vertex Companies, LLC ensure proper management and disposal of impacted soil. VERTEX managed and oversaw the soil remediation activities at the site during construction which included obtaining landfill acceptance of the waste stream, contractor bids, budgets and schedules. Upon completion of the removal of confirmed hot spot soils from the site, confirmation soil samples were collected from each excavation in accordance with CDPHE and Colorado Department of Labor and Employment- Division of Oil and Public Safety (CDLEOPS) guidelines and analyzed for the contaminants of concern. Some areas required additional soil excavation and disposal. After complete removal of all contaminated soils to the respective regulatory standards, VERTEX prepared and submitted the VCUP No Action Determination (NAD) application. The site was granted regulatory closure and issued a NAD. Due Diligence and Site Development Support | Confidential Development Client, Ann Arbor, MI VERTEX was retained to assist in the redevelopment of several residential properties to accommodate for a new 14-story high rise apartment building in Ann Arbor, Michigan. The properties were originally developed in the early 1900s and had been utilized for residential purposes along with a portion of one of the structures utilized as a storage annex for the adjoining Pizza House restaurant. Mr. Waldenmyer managed all aspects of the environmental activities associated with the redevelopment of the site. The project included the completion of an ASTM Phase I Environmental Site Assessment of the buildings by VERTEX, which revealed several business environmental risks, including suspect asbestos-containing materials (ACMs) and other various hazardous/regulated materials still present in the buildings. VERTEX conducted a Hazardous Material Survey of the property which revealed the presence of several friable ACMs that required abatement prior to demolition of the site structures. Prior to beginning the abatement activities, VERTEX completed an Asbestos Work Plan in order to ensure compliance with all applicable local, state and federal asbestos regulations. VERTEX managed and oversaw the asbestos abatement activities and characterized the regulated/hazardous materials on-site for the client for removal prior to demolition of the site structures. Due Diligence, Remedial Investigation, Site Development Support | Confidential National Restaurant Chain, Nationwide Mr. Waldenmyer provides nationwide account management for all ongoing due diligence and remedial investigations for prospective new development sites nationwide. Investigations include Phase I and II Environmental Site Assessments, Hazardous Material Surveys, Vapor Intrusion/Soil Gas Investigations, Air Quality Surveys, Materials Management Plans and Remediation. Projects range from greenfield developments to comprehensive redevelopment plans. The ongoing due diligence and remediation investigations being conducted by VERTEX are used for decision making and land negotiations with sellers during real estate transactions as well as potential construction activities. Due Diligence / Remedial Investigation | 44-Acre Industrial Manufacturing Facility, Chicago, IL Mr. Waldenmyer coordinated, conducted and managed the due diligence and remedial investigation on a 44-acre parcel of land with a heavy industrial use outside of Chicago, IL. A Phase II Site Assessment conducted on an adjacent industrial facility uncovered groundwater contamination from a trichloroethylene leak originating from the Client’s 44-acre facility. Mr. Waldenmyer was tasked with coordinating and installing over 100 soil borings, 125 groundwater monitoring wells, numerous injection wells and several deep aquifer observation wells across the site. In addition, Mr. Waldenmyer and the environmental team designed, implemented and monitored the use of in-situ chemical oxidation utilizing direct injection techniques to reduce concentrations of target contaminants. After reducing concentrations of the groundwater contamination, the team designed and installed a subsurface permeable reactive barrier (PRB) at the site to further reduce contamination on and off-site. Filled with a mix of zero DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 75163 Scott Waldenmyer (Last modified on 10/4/2023) Page 8 of 9 The Vertex Companies, LLC valence iron and sand, the 12-foot deep trench naturally and completely reduced the concentrations of the chlorinated solvent compounds in the contaminated groundwater as the groundwater passed through the barrier wall. Upon completion of the PRB installation, Mr. Waldenmyer and the environmental team conducted quarterly groundwater monitoring of the remediation system and contaminant plume as well as prepared analytical reports for submittal to the Illinois EPA for a period of five (5) years. This new technology for remediation was only the third PRB barrier that was approved for use by the Illinois EPA in the State of Illinois. Due Diligence / Remedial Investigation & Site Closures | Various Dry Cleaner Facilities throughout Illinois Mr. Waldenmyer managed a portfolio of over 100 dry cleaner sites throughout Illinois as a part of the Illinois Dry Cleaner Environmental Response Trust Fund. Mr. Waldenmyer conducted and managed Phase I Environmental Site Assessments (ESAs) and Phase II Site Assessments (subsurface) as well as numerous remedial investigations and cleanups in response to a growing concern of contamination and human health risks from the use of chlorinated solvents during dry cleaning activities. Mr. Waldenmyer was responsible for delineating the horizontal and vertical extents of soil and groundwater impacts on and off-site utilizing invasive subsurface sampling, Tier I and Tier II evaluations. Upon determining the extents of contamination, Mr. Waldenmyer coordinated, conducted and managed the remedial cleanup activities in order to obtain No Further Remediation (NFR) letters from the Illinois EPA. Due to various project-specific constraints, various remediation techniques were employed including dig-and haul methods, soil-vapor extraction (SVE) systems and in-situ chemical oxidation. In addition, several of the sites required the use of either engineering or institutional controls such as land use restrictions, highway authority agreements, groundwater use ordinances and engineered barrier (i.e., asphalt parking lots, concrete foundations, etc.). Due Diligence / Remedial Investigation & Site Closures | Various Gas/Auto Service Stations, throughout the Midwest Mr. Waldenmyer coordinated, conducted and managed numerous due diligence activities, Underground Storage Tank (UST) system removals and site closures at gas/auto service stations throughout the Midwest. Mr. Waldenmyer was responsible for performing Phase I ESAs to identify Recognized Environmental Conditions (RECs), conducting and managing subsurface investigations to delineate the extent of soil and/or groundwater contamination, providing UST system removal oversight that included groundwater and soil sample collection, technical analysis comparison to various state agency regulations including Illinois EPA, Indiana Department of Environmental Management (IDEM), Wisconsin Department of Natural Resources (WDNR), Michigan Department of Environmental Quality (MDEQ), Iowa Department of Natural Resources IDNR), etc., regulatory report writing and pursuit of regulatory closure. As a part of the remedial investigations and site closures, Mr. Waldenmyer prepared and submitted the required Leaking-UST (LUST) program documents including 45-Day Reports, Remedial Objectives Reports (RORs) and Remedial Action Plans (RAPs) that in several cases included the use of engineered and institutional controls such as engineered barriers, groundwater use restrictions and property deed restrictions. Mr. Waldenmyer was successful in securing multiple No Further Remediation (NFR)/No Further Action (NFA) letters from various state agencies within short time frames in an effort to assist the Client with local planning and permitting approvals. Due Diligence / Asbestos & Hazardous Material Surveys | Confidential Financial Institution throughout the Midwest Mr. Waldenmyer managed the environmental due diligence activities associated with the development of new commercial parcels and/or the redevelopment of existing bank properties to accommodate the strategic growth efforts of a national financial institution throughout the Midwest. As a licensed asbestos inspector in States throughout the Midwest, Mr. Waldenmyer was able to conduct asbestos and hazardous material surveys while conducting Phase I ESAs at the various project sites which allowed for faster report turnaround times and enabled the client to DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 76164 Scott Waldenmyer (Last modified on 10/4/2023) Page 9 of 9 The Vertex Companies, LLC make timely informed decisions relating to permitting and construction schedules to maximize efficiencies and minimize costs. Due Diligence / Asbestos Investigations | National Retailer, throughout Illinois & Wisconsin Mr. Waldenmyer served as the project manager on a portfolio of over 25 new and/or existing big- box retail store construction and/or expansion projects throughout Illinois and Wisconsin. Mr. Waldenmyer conducted and managed the Phase I ESAs, Phase II Subsurface Investigations, asbestos inspections/surveys, wetland delineations and endangered species consultations to qualify the environmental risks associated with the development activities including waste dumping sites, AST/UST systems and nearby sites of known or suspect contamination. Working closely with the Clients environmental counsel, Mr. Waldenmyer conducted and managed numerous Phase II Subsurface Investigations on-site to evaluate potential development risks, implemented remedial activities as well as prepared Health & Safety Plans (HASPs), Soil Management Plans (SMPs) and maintenance & monitoring programs for use during construction activities. Mr. Waldenmyer and the project team were responsible for implementing these activities in accordance with all local and state regulations while maintaining the project schedules. Environmental Site Assessment | Private Wind Farm Developer, Gratiot & Midland Counties, Michigan Mr. Waldenmyer managed the environmental due diligence activities for a $450 MM wind farm project in the State of Michigan. The project consisted of approximately 65,000 acres of land, 135 wind turbines generators, approximately six (6) miles of overhead transmission lines, numerous access roads, an operations and maintenance (O&M) facility and other project related components that will generate enough electricity to power over 50,000 homes for more than 20 years. As a part of due diligence activities, Mr. Waldenmyer was tasked with managing the project team, interfacing with the Client, coordinating field schedules, maintaining invoices and reviewing the technical report. During the course of the Phase I ESA, numerous RECs were identified within the project boundary and in the vicinity of the proposed project components including underground petroleum pipelines, numerous Aboveground Storage Tanks/Underground Storage Tanks (ASTs/USTs), illegal dumping sites, sewage disposal lagoons and United States EPA (USEPA) Superfund sites. Mr. Waldenmyer and the environmental team developed action plans for use during construction of the various wind farm project components to avoid the identified RECs or ways to minimize disturbance in these areas to help the client mitigate environmental risks and control any disposal costs of potentially contaminated soil/groundwater while maintaining project schedules. Upon completion, this wind farm will be the largest in the State of Michigan and one of the largest in the Midwest. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 77165 Ryan Hanlon (Last modified on 1/25/2024) Page 1 of 8 The Vertex Companies, LLC Ryan Hanlon Division Manager E rhanlon@vertexeng.com | P 303.623.9116 BIOGRAPHY Mr. Hanlon is the Division Manager of the Denver office due diligence and remediation department with 17 years of experience working in the environmental and structural consulting field. As the Division Manager he is responsible for senior management as well as specific job functions related to Phase I Environmental Site Assessments (ESAs), Phase II ESAs, hazardous material site investigations, Property Condition Assessments (PCAs), desktop reviews, peer reviews, Microbial Remediation Surveys, and Hazardous Materials Surveys. Ryan completes approximately 50 projects each year with scopes including visitation set-up with the site contact, local, state and federal municipal research, historical research, report writing and strict adherence to deadlines and budgets. Additional project-related scopes often include visual assessments of Americans with Disabilities Act (ADA) compliance, cost estimation, capital planning, report reviewing, and engineering data analysis. Since joining VERTEX he has been involved with properties in approximately 25 US states ranging from residential, commercial and industrial type properties. In addition, he has provided Construction-Monitoring services to evaluate construction progress, and approve or deny contractor payment requests on multiple projects in Colorado. Since joining VERTEX, Mr. Hanlon has completed multiple Phase I ESAs, Phase II ESAs, desktop reviews, Microbial Remediation Surveys, Hazardous Materials Surveys, and PCAs for various clients including lending institutions, large corporations, and private clients on sites including dry cleaners, large industrial, commercial, and multi-family residential properties throughout the United States. As the Division Manager, he is also tasked with business development, client management, proposal preparation, contract negotiations, developing and coordinating project work plans and schedules, conducting site research, report generation, and technical review, ensuring product quality control, subcontractor oversight, interacting with regulators and clients and the overall growth of the PCA reports throughout the Rocky Mountain region. Additionally, Mr. Hanlon has working knowledge of environmental regulations throughout the Rocky Mountains. In addition, Mr. Hanlon has worked on numerous multi-million and billion dollar real estate portfolio projects as an assessor of environmental risk as well as complex environmental remediation and development projects. EDUCATION/TRAINING M.S., Environmental Policy and Management, University of Denver University College 2022 B.S., Civil Engineering, Villanova University, Villanova, PA 2006 LICENSES/CERTIFICATIONS Asbestos Management Planner, State of CO Asbestos Inspector, State of CO OSHA - Hazardous Waste Superfund Training (29CFR 1910.120) EPA AHERA - Building Inspector Asbestos Certification, State of CO HAZWOPER 8-hour Refresher ASSOCIATIONS Expertise Environmental Health & Safety Environmental Portfolio Reviews Mold Asbestos Lead Paint Compliance Audits PCA Phase II LSI Groundwater & Soil Characterization Phase I ESAs Property Condition Assessments Transaction Screen Database Review O&M Program Lead Radon Sampling Radon Services PCS Construction Due Diligence Letter of Reliance SPCC Plan Construction Monitoring Site Characterization Peer Review Hazardous Materials/Waste Limited Compliance Review Building Envelope/Enclosure DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 78166 Ryan Hanlon (Last modified on 1/25/2024) Page 2 of 8 The Vertex Companies, LLC National Association for Industrial and Office Parks (NAIOP), Member American Society of Civil Engineers, Member Villanova University Alumni Association, Member RELEVANT EXPERIENCE PCA and Seismic Assessment | Vacant Mixed-Use Property, Seattle, Washington The VERTEX Companies, Inc. (VERTEX) performed a Property Condition Assessment (PCA) of Mixed- Use Commercial Property located at 1100 - 1120 West Ewing Street in Seattle, Washington, on May 21, 2019. The site is comprised of two main buildings. The first building (Building A) is utilized as a fish processing office and warehouse building occupied by Ocean Beauty and was constructed in 1978 with approximately 105,540 square feet of space. Currently, only the office portion of the building is occupied. The second building (Building B) is utilized as a mixed-use office and warehouse building occupied by several tenants and was constructed in 1957 with approximately 50,223 square feet of space. Additionally, the site contains several ancillary structures along with a water dock along the Lake Washington Ship Canal. Overall, the property and improvements appeared to be in fair condition with respect to age, use and location. VERTEX also performed a Seismic Assessment in conjunction with the PCA. PCA, Structural Assessment & Demo, UST, Abatement Assessment | Packaging Corporation of America, Commerce City, CO The VERTEX Companies, Inc. (VERTEX) performed a Property Condition Assessment (PCA) of Packaging Corporation of America Facility located at 5501 Brighton Boulevard in Commerce City, Colorado, on May 3, 2019. The building has been broken down into six designated areas. For the purposes of this report, the areas are labeled as such: Area 1 – Shipping area (near the south side of the Building; Area 2 – Storage area (southernmost portion of the building); Area 3 – Production Converting (largest central portion which also includes the office area); Area 4 – Production/ Corrugator (near the northern potion and along the Mill Building); Area 5 – Adhesive Production (northernmost portion of the building), and; Area – 6, the Mill Building scheduled for demolition. Overall, the property and improvements appeared to be in fair condition with respect to age, use and location. VERTEX also performed a structural assessment with a professional engineer and executive vice president of engineering at VERTEX. Phase I ESA, PCA and Radon | Springs at Sandstone Ranch, Longmont, CO The VERTEX Companies, Inc. (VERTEX) performed a Property Condition Assessment (PCA), a Phase I Environmental Site Assessment (ESA) and a short-term radon analysis to assist our client in their decision on evaluating details concerning the financing or refinancing of this property. The site consisted of the Springs at Sandstone Ranch Apartments. The complex consisted of 12, one-year old, two-story multi-family residential buildings with a reported net rentable floor area of 238,200 square feet. The complex was situated on a 20-acre site with 240 studio, one, two and three- bedroom apartment units. The purpose of the due diligence was to observe and document readily visible material and building system defects that might significantly affect the value of the property and conditions that might have a significant impact on the continued operation of the facility for the next 12 years. Additionally, VERTEX visited the site to identify environmental conditions in connection with the site. As part of the Phase I ESA, VERTEX conducted additional services including short-term radon analysis. The radon results from the tested units ranged from <0.4 to 6.5 picoCuries per liter (pCi/L). DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 79167 Ryan Hanlon (Last modified on 1/25/2024) Page 3 of 8 The Vertex Companies, LLC VERTEX recommended long-term testing of all ground floor units to determine the extent of the elevated radon. Radon results from the long-term analysis ranged from 0.4 to 7.4 pCi/L. Based on these results, radon was considered a business environmental risk. VERTEX recommended mitigation of the elevated radon by performing a communications test to evaluate the ability to use sub-slab depressurization (SSDS) to mitigate radon. Based on the results of the communications test, SSDS appeared to be the most likely mitigation technique to reduce radon concentrations. Phase I ESA, PCA, Roof and Facade Assessment | Alameda Station, Denver, CO The VERTEX Companies, Inc. (VERTEX) performed a Property Condition Assessment (PCA), a Phase I Environmental Site Assessment (ESA) and an Enhanced Façade/ Cladding and Roofing Assessment to assist our client in their decision on whether to purchase. The site consisted of the Alameda Station Apartments located at 275 South Cherokee Street in Denver, Colorado. The complex consisted of three, five-year old, four-story multi-family residential buildings (Buildings 1, 2, and 3) with a reported net rentable floor area of 307,133 square feet. The complex was located at the northwest intersection of South Cherokee Street and West Alameda Avenue and was situated on a 5.53-acre site. A total of 338 studio, one, two and three-bedroom apartment units were provided at the complex. The complex also included a five-story parking garage, exterior pool and spa area, fitness center with a spin and yoga studio, lounge areas, grilling stations, dog park, pet grooming station, bike/ ski repair shop, a business center, offices, and common area rooms. The purpose of the due diligence was to observe and document readily visible material and building system defects that might significantly affect the value of the property. Additionally, VERTEX assessed existing conditions that might have a significant impact on the continued operation of the facility for the next 12 years with the assistance with assistance from a forensic engineer to view the exterior façade and roofing conditions. Additionally, VERTEX visited the site to identify Recognized Environmental Conditions (RECs) in connection with the site. Phase I ESA & PCA | Denver Post Building, 5990 Washington Street, Denver, CO VERTEX performed a Phase I ESA and PCA of the Denver Post Property, located at 5990 Washington Street in Denver, Colorado. The property consisted of a commercial and flex-industrial newspaper printing building with 403,728 square feet built in 1989. Phase I ESAs & Property Condition Assessments | Century Oaks Business Park As part of a five-site portfolio in Houston, Texas, VERTEX performed five Phase I Environmental Site Assessments and five Property Condition Assessments located at the Century Oaks Business Park. Property Condition Assessment | PetSmart Distribution Facility The VERTEX Companies, Inc. (VERTEX) performed a Property Condition Assessment of PetSmart Distribution Facility located in McCarran, Nevada. The property also included two ancillary structures including the Fire Pump Building and Guard Shack Building. The building consisted of approximately 870,720 square feet of warehouse distribution space, situated on a 57.1-acre parcel of land, built in 2008. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Property Condition Assessment | Commercial Office Property Vertex Engineering PC performed a Property Condition Assessment of Commercial Office Property located in Raleigh, North Carolina. The property consisted of a six-story office building with 195,405 square feet, situated on a 9.89-acre parcel of land, building in 1970. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Property Condition Assessment | Phoenix Corporate Tower The VERTEX Companies, Inc. performed a Property Condition Assessment of Phoenix Corporate Tower located in Phoenix, Arizona. Additionally, as part of this PCA, VERTEX assessed the five-story DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 80168 Ryan Hanlon (Last modified on 1/25/2024) Page 4 of 8 The Vertex Companies, LLC parking garage to the east of the office building and the single-story T-100 Building adjoining the tower to the south. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Property Condition Assessment & Phase I ESA | Blue Sky Lofts The VERTEX Companies, Inc. performed a Property Condition Assessment (PCA) and a Phase I ESA of Blue Sky Lofts located in Boulder, Colorado. The site consisted of a multi-family residential apartment complex, with 108 units situated over 47,360 square feet of rentable square footage. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Property Condition Assessment | Wildwood Student Living Apartment Complex The VERTEX Companies, Inc. performed a Property Condition Assessment (PCA) of Wildwood Student Living Apartment Complex located in Lubbock, Texas. The multi-family student housing complex consisted of 25 three-story residential buildings, approximately one year old. The residential complex had a reported net rentable area of 470,700 square feet. The complex also included a stand-alone Clubhouse/ Leasing building, which included a business center, fitness center, study rooms and lounge areas, as well as one outdoor swimming pool, outdoor barbeque and picnic areas and pet friendly attributes. The complex was located west of North Quaker Avenue and was situated on a 25.26-acre site. The complex included a total of 294 apartment units. Overall, the property and improvements appeared to be in good condition with respect to age, use and location. Property Condition Assessment | Grand View at Flatirons Apartment Complex The VERTEX Companies, Inc. performed a Property Condition Assessment (PCA) of Grand View at Flatirons Apartment Complex located in Louisville, Colorado. The multi-family complex consisted of 10, three-story residential buildings, approximately 28 years old. The residential complex had a reported net rentable area of 152,340 square feet and a gross square footage of 192,344 square feet. The complex also included a stand-alone Clubhouse/ Leasing Center building, which included a Business Center, Fitness Center, and lounge areas, as well as one outdoor swimming pool, outdoor barbeque and picnic areas and pet friendly attributes. The complex was located north of West Dillon Road and south of Ridge Place and was situated on a 9.2-acre site. The complex included a total of 180 apartment units. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Property Condition Assessment & Phase I ESA | Medical Office Building The VERTEX Companies performed a PCA and Phase I ESA of the Medical Office Property, located in Englewood, Colorado. The site consisted of a medical office building with 20,252 square feet, situated on a 2.97-acre parcel of land and was constructed in 2000. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Phase I ESA | Vacant Restaurant On February 16, 2018, The Vertex Companies, Inc. performed a Phase I Environmental Site Assessment (ESA) of the Vacant Restaurant located in Parker, Colorado. According to the Douglas County Assessor’s Office, the site consists of one parcel of land occupying 1.027 acres. The site is currently developed with one building. At the time of the site visit, the building was vacant; however, the site was formerly occupied by a Jack In The Box Restaurant. The site is improved with a one-story vacant restaurant building consisting of approximately 2,805 square feet. The site building is constructed with a concrete slab-on-grade foundation, a flat rubber membrane roof, exterior insulation and finish system (EIFS) exterior walls with portions of stone veneer, and steel- framed interior construction. According to the Douglas County Assessor’s Office, the building was constructed in 2010. Property Condition Assessment & Phase I ESA | LKQ Industrial Site The VERTEX Companies, Inc. performed a Property Condition Assessment (PCA) of the LKQ Industrial Site located in Sellersburg, Indiana. The site consists of two buildings, the main office/ DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 81169 Ryan Hanlon (Last modified on 1/25/2024) Page 5 of 8 The Vertex Companies, LLC warehouse building, constructed in 1999/ 2000 and the Parts Storage building, constructed in 2013. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Property Condition Assessment | Southeast Commons The VERTEX Companies, Inc. performed a Property Condition Assessment of a commercial office building in Aurora, Colorado. The building was 44,448 square feet in size situated on a 2.37-acre parcel of land and was built in 1984. Overall, the property and improvements appeared to be in good to fair condition with respect to age, use and location. Phase I & Hazardous Materials Survey | Recreational Building, St. Joseph, MO VERTEX performed a Phase I Environmental Site Assessment of the Olympia Lanes located in St. Joseph, Missouri. The site consists of one parcel of land occupying 3.1 acres and is currently occupied by a single-story commercial recreational building totaling 30,000 square feet. The site building consists of a bowling alley, kitchen, dining area, maintenance rooms, offices, game room, mens and women’s restrooms, and a bar. In conjunction with the Phase I ESA, VERTEX conducted a Hazardous Material Survey of the site structure. The Hazardous Material Survey of the site building included an evaluation and sampling of suspect ACMs and LBP that may require special handling during the proposed renovation/ demolition activities. Air Quality Services | Apartment Complex, Northglenn, CO VERTEX performed an Indoor Air Quality and Microbial Growth Consulting Services for an apartment complex. The property consists of six apartment structures and one clubhouse and leasing center building. The site is located on a 4.22-acre parcel of land and the buildings were constructed in 1973 with a total square footage of 66,955 square feet of residential apartment space and 2,394 square feet located in the clubhouse and leasing center. Phase I | Semiconductor Manufacturing Equipment Storage Facility, Santa Clara, CA Performed a Phase I Environmental Site Assessment and Equipment Inspection of one parcel of land totaling approximately 3.38 acres. The site is developed with a one-story building utilized as a storage facility of semiconductor manufacturing equipment. Phase I | Hotel Buildings and Office Building, Denver, CO VERTEX performed a Phase I Environmental Site Assessment of a hotel located in Denver, Colorado. The site consists of two parcels of land occupying 4.4 acres. The site is occupied by a hotel and convention center complex and is improved with two hotel buildings and an office building. The 8-story hotel structure was originally built in the 1950s and was renovated in approximately 1995. The 22-story hotel building that includes three restaurants on the lobby level was originally built between1957 and 1960, with major renovations completed in approximately 1995. The 4-story, multi-tenant, office building was originally built in the 1960s, with major renovations reportedly completed in approximately 1995. The site includes a four-level, sub-grade parking garage. The site buildings are constructed with a mixture of concrete, steel and concrete masonry unit (CMU) framing with approximately 1,967,115 square feet of space and approximately 1,200 hotel rooms. Phase I | Millwork Facility, Nampa, ID VERTEX was contracted to conduct a Phase I Environmental Site Assessment and Limited Compliance Review of a millwork's facility located in Nampa, Idaho. The site consisted of two parcels of land occupying 21.45 total acres. Tenant operations included manufacturing, assembly and shipping of wood doors, windows, and other miscellaneous wooden furniture. Operations include a sawmill, wood cutting, assembly, packaging, storage and shipping. The site is improved with eight buildings consisting of approximately 248,595 total square feet. The site was developed with its current improvements between the 1950s and mid-2000s. Phase I | Gas Stations & Bulk Storage Facilities Portfolio, CO, NM, KS, NE DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 82170 Ryan Hanlon (Last modified on 1/25/2024) Page 6 of 8 The Vertex Companies, LLC VERTEX performed Phase I Environmental Site Assessments of approximately 60 sites, mostly consisting of gasoline fueling stations or bulk storage facilities throughout Colorado, New Mexico, Kansas, and Nebraska. Once completed, approximately 20 of these sites were determined to require additional investigations which consisted of soil and groundwater analysis performed during Phase II Limited Site Investigations. PCA | Apartment Complex, Austin, TX Performed a Property Condition Assessment (PCA) of an apartment complex located in Austin, Texas. Costs were developed for longer term capital projections and were vetted by soliciting contractor proposals for confirmation of budgetary values. The site consisted of 11, 3-story residential buildings and 10, 2-story residential buildings, each 10-years old. The multi-family residential complex had a reported net rentable floor area of 357,000 square feet. The complex also included a Clubhouse/Leasing Center building which included a business center, fitness center, game room, theater, and indoor half-court basketball court. The complex was situated on a 17.596-acre site. A total of 342 apartment units were provided at the complex. PCA | Mix-Use Property, Broomfield, CO Performed a Property Condition Assessment (PCA) of a mix-use property located in Broomfield, Colorado. Managed structural engineering review of the building that included evaluation of the structural condition. The first building was a two-story structure with first floor retail and second floor office space. The 14-tenant spaces contained a reported rentable area of 69,744 square feet. The second building had a single story of seven retail spaces with a reported rentable area of 23,229 square feet. This building was contiguous with a two-story parking garage, the upper level of which formed the roof over the retail spaces. The buildings were 15 years old with a total rentable area of 92,973 square feet. The buildings were situated on three parcels totaling a 4.12- acre site. PCA | Apartment Complex, Lawrence, KS Performed a Property Condition Assessment of an apartment complex in Lawrence, Kansas. The complex consisted of 14, 5-year-old, 3-story multi-family residential buildings and a clubhouse building with 324 apartments and a reported total floor area of 382,860 square feet situated on a 22.599-acre site. Phase I & PCA | Tire Distributor, Grand Junction, CO Performed a Phase I Environmental Site Assessment and Property Condition Assessment of a tire distributor facility located in Grand Junction, Colorado. The building was a four-year old, single- story front-load industrial building with a reported office floor area of 4,536 square feet, a warehouse floor area of 78,264 square feet for a total of 82,800 square feet. Phase I & PCA | Shopping Mall, Scottsdale, AZ Performed a Phase I Environmental Site Assessment and Property Condition Assessment of a mall located in Scottsdale, Arizona. The site consisted of four parcels of land, approximately 23.47 acres in size. The site was developed with a mixed-use office, retail and restaurant complex that consisted of nine occupied buildings as part of Phases I and II. Current construction activities were observed in Phase III. Phase III will consist of three residential, office and retail structures. The buildings in Phase I and II were six-years old and ranged from one to six-stories in height with a reported net rentable floor area of 525,121 square feet and approximately 573,217 gross square feet. PCA | Apartment Complex, Dallas, TX Performed a Property Condition Assessment (PCA) of an apartment complex located in Dallas, Texas. Managed structural engineering review of the building that included evaluation of the structural condition. Additionally, costs were developed for longer term capital projections that were vetted by soliciting contractor proposals for confirmation of budgetary values. The 18-year- old, multi-family complex consisted of 33 individual 3-story townhome buildings, two 3- and 4- story retail buildings with subterranean parking and one 4-story midrise building. The complex had DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 83171 Ryan Hanlon (Last modified on 1/25/2024) Page 7 of 8 The Vertex Companies, LLC a reported rentable apartment floor area of 499,633 square feet and included 490 studio, 1- bedroom, 2-bedroom and 3-bedroom units. The complex also included single- and double-space parking garages, two exterior pools, as well as stand-alone buildings identified as the Residential Services Building and the Wellness Center Building. The administrative offices located in the Leasing Center were located at the ground level of the western retail building. Additionally, the site contained five commercial retail or restaurant spaces at the ground level of the two retail buildings with a reported floor area of 13,429 square feet. Three of the five retail spaces were vacant at the time of VERTEX’s site visit. The complex was situated on a 13.855-acre site. PCA | Apartment Complex, Thornton, CO Performed a Property Condition Assessment (PCA) of an apartment complex located in Thornton, Colorado. Costs developed for longer term capital projections were vetted by soliciting contractor proposals for confirmation of budgetary values. The complex consisted of 12 individual, 33-year old, 2- and 3-story, multi-family residential buildings (Phase 1) as well as 7 individual, 18-year-old, two-story, multi-family residential buildings (Phase 2) with a reported rentable floor area of 264,804 square feet. The complex was situated on a 19.5-acre site. A total of 287 one-bedroom, two-bedroom and three-bedroom apartment units were provided at the complex. The complex also included single-space parking garages, two exterior pools, a clubhouse and leasing center, a lounge area, fitness center, offices, an exterior playground and an exterior sport court. Phase I & PCA | Commercial Office and Coffee Plant, Denver, CO Performed a Phase I Environmental Site Assessment and Property Condition Assessment of a large commercial office and coffee plant located in Denver, Colorado. The building was an 88-year old, 2-story commercial office building with portions of the building occupied by coffee roasting activities and equipment, warehouse storage space and a coffee shop with a reported floor area of 23,845 square feet and was situated on a 2.129-acre site. PCA | Apartment Complex, Boulder, CO Performed a Property Condition Assessment (PCA) of an apartment complex located in Boulder, Colorado. VERTEX managed an exterior evaluation review of the building that included evaluation of the exterior finishes and structural condition The complex consisted of 4 individual, 2-year old, 4-story multi-family residential buildings with a reported net rentable floor area of 273,131 square feet and a reported net rentable retail floor area of 3,056 square feet. The complex was situated on a 4.49-acre site. A total of 319 studio, one-bedroom and two-bedroom apartment units were provided at the complex. The complex also included two, two-level underground parking garages, pool and spa area, clubhouse, lounge areas, fitness center, offices and common area rooms. Additionally, two commercial tenants were located at the site. PCA | Scottsdale Waterfront, AZ Performed a Property Condition Assessment of the Scottsdale Waterfront, Arizona. The complex was a 10-year old, 2-story commercial retail complex, consisting of 6 buildings (Buildings D through I) with a reported floor area of 93,334 rentable square feet. The site consisted of the first-floor retail and office spaces as well as the second-floor gym in Building G. The remaining second and third floor spaces consisting of office spaces are separately owned and not part of this assessment. The buildings were on a 4.41-acre site. PCA | Multi-Family Residential Building, Denver, CO Performed a Property Condition Assessment of a multi-family residential building with commercial office space. Additionally, this assessment was converted into a compliant Fannie Mae and Prudential Mortgage Capital Company template for financing purposes. Phase I & PCA | Nine-Site News Printing Facilities Portfolio, NC, IL, MO, SC PA & OH Managed and performed Phase I Environmental Site Assessment and Property Condition Assessments of a nine-site portfolio located in North Carolina, Illinois, Missouri, South Caroline, Pennsylvania, and Ohio. The sites consisted of news printing facilities. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 84172 Ryan Hanlon (Last modified on 1/25/2024) Page 8 of 8 The Vertex Companies, LLC Phase I & PCA | Packaged Foods Facility, Omaha, NE Performed a Phase I Environmental Site Assessment and Property Condition Assessment of the Packaged Foods Facility located in Omaha, Nebraska. The building was a 25-year old, 3-story commercial office building with a reported floor area of 74,500 square feet and was situated on a 4.58-acre site. The site is associated with four other buildings located within the facility's campus with drive lanes and parking areas. Phase I, PCA and Microbial Growth Survey | Two Commercial Retail Facilities, Colorado Performed Phase I Environmental Site Assessments, Property Condition Assessments and Microbial Growth Surveys of two commercial retail facilities with numerous tenants located at each site. Phase I & PCA | Industrial Building, La Vergne, TN Performed a Phase I Environmental Site Assessment and Property Condition Assessment of a Distribution Center located in La Vergne, Tennessee. The building was a 29-year old, 2-story cross- dock industrial building with a reported floor area of 518,400 square feet located on a 25.75-acre site. Phase I & PCA | Two Commercial Facilities, Auburn and Sacramento, CA Performed Phase I Environmental Site Assessments and Property Condition Assessments of two commercial facilities. The first site consisted of 3 buildings ranging from 15 to 34 years of age. The buildings were single-story commercial and flex-industrial buildings with a reported aggregate floor area of 197,079 square feet. Building 1 was approximately 52,684 square feet in size; Building 2 was approximately 64,213 square feet in size with an upper-level office mezzanine area and Building 4 was approximately 80,182 square feet in size. The second site, located in Sacramento, California, consisted of a 30-year old, 6-story commercial office building with a reported floor area of 188,000 square feet. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 85173 The Vertex Companies, LLC vertexeng.com Timothy Jauregui (Last modified on 1/8/2024) Page 1 of 3 Expertise Phase I ESA Phase II LSI Site Characterization UST Removal Soil Disposal Vapor Intrusion Investigations & Remediation Remediation & Construction Management Limited Compliance Review Radon Sampling Database Review PCA PCS ADA Review Groundwater & Soil Characterization Timothy Jauregui | Project Manager I EMAIL tjauregui@vertexeng.com | PHONE 303.623.9116 BIOGRAPHY Mr. Jauregui is a Project Manager I with The Vertex Companies based in the Denver, Colorado office. He has eight years of experience within the due diligence and remediation fields and has conducted several hundred projects in twenty-six states across the United States. Mr. Jauregui has worked on projects in varying business sectors including commercial real estate, residential real estate, new development, and industrial and manufacturing facilities, for a variety of clients such as property owners, lenders, developers, and government agencies. His areas of technical expertise include Phase I Environmental Site Assessments (ESAs), Property Condition Assessments (PCAs), Environmental Site Investigations (Phase II ESAs), Environmental Remediation projects and Americans with Disabilities (ADA) inspections, with supplemental knowledge of radon, mold, lead, and asbestos surveys and limited environmental compliance reviews. As a Project Manager, Mr. Jauregui is responsible for a range of job functions including site inspections and investigations, municipal research, coordination with local and state departments, data collection and analysis, report writing, and business development. His technical capabilities allow for oversight of the complete project life cycle, and he routinely conducts all tasks required throughout the lifespan of a project. Mr. Jauregui strives for unparalleled client satisfaction while managing projects for VERTEX and prides himself on completing complicated projects ahead of schedule and under budget, providing clients with the information they need to successfully complete multimillion-dollar real estate decisions. EDUCATION/TRAINING M.S., Environmental Policy & Management, University of Denver 2024 (in progress) B.S., Earth Science, California State University Dominguez Hills 2016 LICENSES/CERTIFICATIONS 40 Hour OSHA Hazardous Waste Operator Training 10 Hour OSHA Construction Training ASSOCIATIONS Rocky Mountain Association of Environmental Professionals RELEVANT EXPERIENCE Phase I ESA and PCA | American Pacific, Cedar City, Utah VERTEX conducted a Phase I ESA and PCA of a 345-acre chemical manufacturing facility in Cedar City, Utah, developed with 52 buildings totaling approximately 189,000 square feet. Operations at the property included manufacturing of perchlorates, sodium azide, and halotron chemicals. VERTEX identified Historical and Controlled Recognized Environmental Conditions (HREC and CREC) at the site based on historical activities at the property, and identified over $2.6 million dollars in recommended repair costs, assisting the client through their planned acquisition of the property. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 86174 Timothy Jauregui (Last modified on 1/8/2024) Page 2 of 3 Phase I ESAs | Project Jones, U.S. Midwest VERTEX performed Phase I Environmental Site Assessments of 115 properties consisting of self- storage facilities throughout Indiana, Ohio, Kentucky, and Illinois to support an extensive real estate purchase. This portfolio was completed on an expidited timeline and required the collaboration of several VERTEX offices to successfully deliver reports in time for the client's due diligence timing. During the process of these site inspections, 8 sites were also determined to require additional investigations which consisted of soil and groundwater analysis performed during Phase II Limited Site Investigations. Phase II LSI | Multi-Use Industrial Property, Bensenville, Illinois VERTEX conducted a Phase I ESA and Phase II Limited Site Investigation of a 10.75-acre multi-use industrial property occupied by a variety of businesses including trucking/logistics companies and vehicle repair facilities, which also included an on-site fueling station. Based on RECs identified during the Phase I ESA, VERTEX investigated the property for subsurface impacts associated with the on-site operations. Eight soil borings and four groundwater borings were developed at the property to collect soil and groundwater samples, which revealed impacts from VOCs, SVOCs, and RCRA Metals in soils and groundwater at the site. The findings of this investigation were used to support the client in their purchase of the property and will be utilized to direct the forthcoming redevelopment of the property. Phase II LSI | Lowry Vista Property, Denver, Colorado VERTEX conducted a Phase I ESA and Phase II Limited Site Investigation of a 9.1-acre vacant property that was formerly occupied by the Lowry Air Force Base. Following the decommissioning of the Air Force base, a large landfill was developed immediately east of the subject property, which included debris and wastes from the Air Force base. The subject property also included a large soil stockpile of unknown origin. Based on RECs identified during the Phase I ESA, VERTEX investigated the property for subsurface impacts associated with the historical operations. Twelve soil borings and four groundwater borings were developed at the property to collect soil and groundwater samples. VERTEX analyzed a variety of constituents including VOCs, PAHs, TPH DRO, GRO and O&G, TAL Metals, PCBs, Pesticides, Herbicides, and Radionuclides. Several constituents were identified at levels marginally above the applicable regulatory standards, and correspondence was conducted with the Colorado Department of Health and Environment to discuss the presence of radionuclides, which were determined to be likely naturally occurring and as such was not under regulatory scrutiny. The findings of this investigation were used to support the client in their purchase of the property and will be utilized to direct the forthcoming redevelopment of the property. Phase I ESA and Hazardous Materials Survey | Hallowell Manufacturing, Columbus, Kansas VERTEX conducted a Phase I ESA and Hazardous Materials Survey of a 211-acre site in Columbus, Kansas that was developed with an explosives manufacturing facility. The Hazardous Materials Survey was conducted to determine the location and extent of hazardous materials present at the property, in support of planned demolition of the site structures associated with the decommissioning of the site. Quantifying the materials present provided an actionable plan to have these materials safely removed prior to demolition activities. Following successful decommissioning of the manufacturing operations and demolition of the structures, excepting the office building, a Phase I ESA was conducted to support the sale of the property. The property was historically used for strip coal mining and explosives manufacturing, and legacy contamination at the site based on former tenant operations. Corrective Action Studies (CAS) were conducted at the property in the 2000's, and VERTEX's efforts helped confirm that the current tenants were not involved in the legacy contamination at the site or subject to the CAS requirements, allowing for a successful transaction of DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 87175 Timothy Jauregui (Last modified on 1/8/2024) Page 3 of 3 the property. PCA and Phase I ESA | Jordan Landing Shopping Mall, West Jordan, Utah VERTEX conducted a Phase I ESA and PCA of a 49-parcel 101.5-acre shopping mall located in West Jordan, Utah. The property was comprised of 38 single-tenant and multi-tenant buildings consisting of nearly 1,000,000 square feet of retail space and occupied by over 100 retail and restaurant tenants. VERTEX supplied three PCA reports delineating the site into manageable sections and provided opinions of repair cost cumulatively exceeding $7.6 million dollars. The PCAs also included the subcontracting of a roof inspection company for a supplemental investigation of the buildings' roofs, the findings of which were incorporated into the PCA reports. Mr. Jauregui single-handedly completed all fieldwork, subcontractor coordination, document review and research, PCA report writing, and client management on this project, and also provided supplemental Phase I ESA report writing. Phase I ESA and ACM/LBP Survey | South Logan Street Apartments, Denver, Colorado VERTEX conducted a Phase I ESA, Asbestos Containing Material (ACM) survey, and Lead Based Paint (LBP) survey of a 10,223 square-foot multi-tenant apartment building constructed in 1938. The services were conducted in support of a planned acquisition of the property, and findings identified several areas of ACM and LBP containing materials that will assist the client in the decision-making process regarding the current site operations and any potential alterations of the property in the future. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 88176 Sarah Chase (Last modified on 10/3/2023) Page 1 of 5 The Vertex Companies, LLC Sarah Chase Environmental Engineer E schase@vertexeng.com | P 303.623.9116 BIOGRAPHY Ms. Chase is an Environmental Engineer in the Denver office within the due diligence and remediation department with just under two years’ experience working in the environmental and structural consulting field. As an Environmental Engineer, she is responsible for performing Phase I Environmental Site Assessments (ESA), Phase II Limited Subsurface Investigation (LSI), and Property Condition Assessments (PCAs). Ms. Chase completes approximately 50 projects each year with scopes including visitation set-up with the site contact, local, state, and federal municipal research, historical research, report writing, and strict adherence to deadlines and budgets. Additional project-related scopes often include proposal assembly, visual assessments of Americans with Disabilities Act (ADA) compliance, cost estimation, capital planning, and engineering data analysis. Since joining VERTEX she has been involved with properties in approximately fifteen US states ranging from residential, commercial, retail, and industrial type properties. She is currently pursuing her Master’s degree in Environmental Policy and Management at the University of Denver. EDUCATION/TRAINING M.S., Environmental Policy & Management, University of Denver 2024 B.S., Environmental Engineer, Clarkson University 2021 LICENSES/CERTIFICATIONS HAZWOPER 40, State of CO OSHA 10, State of CO National Radon Proficiency Program (NRPP) – Radon Measurement Professional, State of CO HAZWOPER 8-hour Refresher RELEVANT EXPERIENCE Phase I ESA | West Valley City, UT The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment in West Valley City, Utah. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property consisted of approximately 35 acres with two warehouses constructed in 2022. The warehouses were 217,240 and 179,200 square-feet, and at the time of the site visit were being cleaned and finalized. As such, both warehouses were vacant during the site reconnaissance. The remainder of the property consisted of parking, drives, and retention ponds. Phase I ESA | Indiana and Illinois The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment across Indiana and Illinois. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The properties were utilized for self-storage operations of varying sizes and all buildings on-site were single-story, approximately 3,000-5,000 square-feet. The assessment included an interior evaluation of empty storage units in addition to the exterior review. Expertise Phase I ESAs PCA Radon Sampling Radon Services Environmental Health & Safety Mold Phase II LSI Groundwater & Soil Characterization Database Review PCS DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 89177 Sarah Chase (Last modified on 10/3/2023) Page 2 of 5 The Vertex Companies, LLC Phase I ESA | Denver, CO The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment in Denver, Colorado. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property consisted of a 139,283 square-foot, nine-story hotel constructed in 1922. The site was located on a 0.4-acre parcel. The building had been renovated several times and was converted into a hotel in the late 1990's. The building consisted of a lobby, restaurant and bar, conference rooms, and guestrooms. Additionally, there was a vacant tenant space located on the ground floor next to the restaurant. The basement level of the building included the mechanical rooms, a laundry room, the offices, and storage space. Phase I ESA & Phase II LSI | Golden, CO The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment and Phase II Limited Subsurface Investigation in Golden, Colorado. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property consisted of approximately 52 acres of undeveloped land adjoining a clay mine. A rail spur was located in the southern portion of the property which was assumed to connect to the mining operations and was abandoned in the mid-1950s. The property was vacant land during the assessment period. Phase I ESA | Tucson, AZ The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment in Tucson, Arizona. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property consisted of a 106,427 square-foot, seven-story hotel constructed in 1972, and gut renovated in 2012. The property was approximately 1.65 acres. The building consisted of a lobby, kitchen, bar, offices, conference rooms, and guestrooms. The basement level of the building included a subgrade parking lot, laundry room, and storage space. Phase I ESA | Chicago, IL The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment in Chicago, Illinois. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property consisted of approximately 1.7 acres with a multi-story building that was constructed in 2004. The eastern portion of the building was three-stories, and the western portion was two-stories. Additionally, a garage was located in the central portion and could be accessed from the north side of the building. There were several tenant operations in the building including self-storage and physical therapy. Peer Reviews | Fort Collins & Loveland, CO The VERTEX Companies LLC (VERTEX) performed a peer review of a prior Phase I Environmental Site Assessment in Fort Collins and Loveland, Colorado. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The properties were developed with privately owned mobile homes. Other amenities included a leasing office/clubhouse, swimming pools, mailbox kiosks, game rooms/lounge, and parking lots. Phase I ESA | Glendale, WI The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment in Glendale, Wisconsin. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property consisted of approximately 1.5 acres of vacant land which was previously developed with an automotive service center. Phase I ESA | Phoenix, AZ DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 90178 Sarah Chase (Last modified on 10/3/2023) Page 3 of 5 The Vertex Companies, LLC The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment of a 318,000 square-foot, single-story warehouse located in Phoenix, Arizona. The assessment included a historical review as well as a site visit at each property to identify Recognized Environmental Conditions (RECs) in connection with the site. The warehouse was utilized for distribution and manufacturing purposes. In addition, a portion of the warehouse contained office space. The property was approximately 17 acres, and the warehouse was constructed in 2006. Phase I ESA/PCA | Scottsdale, AZ The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment and a Property Condition Assessment of Dynamite Animal Hospital in Scottsdale, Arizona. The property consisted of a 3,671 square-foot; two-story building constructed in 2007. The plot consisted of less than an acre of land. The assessment pertained to the ground floor as the second level was rented/owned by a separate entity. The Phase I assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. For the Property Condition Assessment, VERTEX assessed readily visible material and building system defects that might have a significant impact on the continued operation of the facility. Phase I ESA, Threatened and Endangered Species | Englewood, CO The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment in addition to a wetlands, cultural and historical resources, and threatened/endangered species review. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property consisted of approximately 8 acres of undeveloped land and was located in Englewood, Colorado. Phase I ESA | Barren 8 Portfolio, Denver CO The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment of the self-storage buildings located in various areas of Denver, Colorado. The assessment included a historical review as well as a site visit at each property to identify Recognized Environmental Conditions (RECs) in connection with the site. Three of the properties assessed consisted of 39,000 to 59,000 square feet buildings constructed or renovated in the late 2010s. These were multi-story buildings constructed on approximately 1one-acre plots. The fourth property had 18 single-story self-storage buildings and one two-story building constructed between 2008 and 2019 on a five- acre plot. The purpose of the due diligence was to observe and document readily visible material and building system defects that might significantly affect the value of the property. Phase I ESA | KBK Industries, Kansas The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment at two locations in Rush Center, Kansas. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with each site. The sites are currently occupied by KBK Industries, a custom tank manufacturer. Current tenant operations are limited to the manufacturing and shipping of fiberglass tanks. The properties consist of manufacturing buildings and maintenance buildings, offices, and storage areas. The interior and exterior areas of the properties were viewed during the investigation. Phase I ESA | Plaskolite, Ohio The VERTEX Companies LLC (VERTEX) performed a Phase I Environmental Site Assessment in Zanesville, Ohio. The assessment included a historical review as well as a site visit to identify Recognized Environmental Conditions (RECs) in connection with the site. The property is improved with an approximately 245,220 square-foot, warehouse constructed in 2000 and expanded in 2004. The building is situated atop a concrete slab at grade level and includes offices, breakrooms, restrooms, a maintenance/tool room, mirror department, the OPAT production space, extrusion department, material control room, air compressor room, and the shipping department. The improvements are located in the southwest portion of the subject property. Exterior areas on the developed portion of the property consist of asphalt-paved parking lots, loading docks, gravel drives, a concrete-paved dumpster pad, a waste storage shed, storage silos, and a tank farm. The DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 91179 Sarah Chase (Last modified on 10/3/2023) Page 4 of 5 The Vertex Companies, LLC remainder of the subject property consists of undeveloped land. VERTEX assessed the interior and exterior operations on-site during the visit. Phase I ESA & PCA | Dumont Storage, Colorado Performed a Phase I Environmental Site Assessment and Property Condition Assessment of Dumont Storage in Dumont, Colorado. The property consisted of nine single-story buildings that were constructed between 1984 and 1993. The buildings totaled approximately 20,250 square- foot, and consisted of self-storage units with locker storage and a private bathroom in Building D. The buildings were constructed with concrete slab-on-grade foundations, CMU, metal, and vinyl siding, and wooden or metal framing. The property totaled 1.40 acres. Phase I ESA & Phase II LSI | Routt County, Colorado Performed a Phase I Environmental Site Assessment and assisted with a Phase II Limited Subsurface Investigation of the Cross Mountain Ranch in Hayden, Colorado. The property consisted of one approximately 1,539 square-foot one-story residential dwelling constructed in 1953, and a 3,600 square-foot metal framed barn constructed in 2004. The property consisted of two parcels and totaled approximately 1,567 acres. The property was utilized as remote hunting ground for third-party hunting purposes with several ponds and wetland/marshy areas scattered through the central portion of the subject property. VERTEX collected three sub soil samples using a stainless-steel hand auger from the depth range of 0 to 3 feet below ground surface (bgs) in ten grids surrounding the contaminated area. In total, VERTEX collected ten composite soil samples from the contaminated area on the property. During this time, VERTEX also identified the soil geology in that area of the property. Additionally, VERTEX screened the soil samples in the field using a photoionization detector (PID) equipped with a 10.6 electron volt (eV) lamp for the presence of total ionizable organic volatiles (TOVs). Phase I & PCA | Cochlear Office Building, Colorado Performed a Phase I Environmental Site Assessment and assisted with a Property Condition Assessment of the Cochlear office building in Lone Tree, Colorado. The property consisted of one six-story building that was constructed in 2001 and totaled approximately 164,584 square-foot. Additionally, an 86,095 square-foot detached two-story parking garage was located on the west side of the office building. The office building was constructed with a concrete sub-grade foundation, Ethylene Propylene Diene Terpolymer (EPDM) roof, concrete walls, and steel / concrete- framed construction. The first floor consists of a lobby, common area, a fitness center, conference rooms, a R & D lab, and a café/restaurant. The second through fifth floor are set up as office space. The parking garage is constructed of steel and concrete with a partial sub-grade level that leads to the basement of the office building. The property totaled approximately 10.98 acres. Phase I & PCA | Missoula, MT Performed a Phase I Environmental Site Assessment and a Property Condition Assessment of two mobile home parks in Missoula, Montana. One property, identified as Harvey's Mobile Home Park, consisted of 39 tenant-owned manufactures homes and two maintenance sheds. The two sheds are constructed with concrete slab-on-grade foundations, wood framing, and metal roofs. The property totaled approximately 10 acres. The other property, identified as Travois Village, consisted of seven buildings, 268 tenant-owned manufactured homes, and 14 community owned manufactured homes that are subject to a rent to own program. The seven property owned buildings included an office building, a former pool building, several maintenance sheds, and two well houses. The office building and former pool building are constructed on concrete slab-on- grade foundations. The property totaled approximately 40 acres. DocuSign Envelope ID: 490925EE-D7D6-4F05-9D0E-4AAB4641DD3DDocuSign Envelope ID: B627E082-20D7-4132-AE18-2FC1319DA3EC 92180