HomeMy WebLinkAboutresolution.council.088-25RESOLUTION # 0 8 8
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CHANGE ORDER BETWEEN THE CITY OF
ASPEN AND The Vertex Companies, LLC AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE
CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a change order for
Environmental Consulting for The Lumberyard Affordable Housing Proj ect,
between the City of Aspen and The Vertex Companies, LLC, a true and accurate
copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that change
order for $80,000.00, between the City of Aspen and The Vertex Companies,
LLC a copy of which is annexed hereto and incorporated herein and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City
Council of the City of Aspen on the 24th day of June 2025.
Racha�l Richards, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foI egoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, June 24th, 2025.
Docusign Envelope ID: ABC37E38-9E074389-8AAE-355915EE794E
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General Information
Vendor
Change Order Number
Date of Issuance
The Vertex Companies, LLC
1
05-29-2025
Project Name � Change Order 1 Lumberyard Affordable Housing Development -
Phase 0 with Vertex
Project Number 2025-048.01
Project Completion Date 0&01-2025
Project Manager Ben Levenson
COA Account Code 150.441.81200.57310.51641
Project Information
Description Of Service This change order provides for additional environmental
Description Of Change
Order
oversight and consulting services at the Aspen Lumberyard site
to address newly discovered lead -contaminated soils outside the
original scope of work. It includes remediation monitoring near
Woodward Lane and the equipment yard, as well as expanded
project management support related to the additional scope.
Part 1—Woodward Lane Oversight (estimated max of $22,000
T&M):
Vertex identified lead -contaminated mine tailings beyond the
original excavation boundaries near Woodward Lane. This phase
involves up to full-time oversight of soil excavation and disposal
activities in this northern area, estimated to occur over a 10-day
period. It includes soil sampling for waste characterization, use
of XRF and PID instruments, and routine field expenses.
Part 2 —Equipment Yard Oversight (estimated max of $22,000
T&M):
During asphalt removal in the southeast corner of the site,
additional lead -contaminated tailings were uncovered. Vertex
will provide similar oversight services as in Phase 1—monitoring
excavation, supporting waste classification, and ensuring
environmental compliance —also based on a 10-day schedule
with associated sampling and equipment costs.
Page 1 of 5
Docusign Envelope ID: ABC37E38-9E074389-8AAE-355915EE794E
rari s — senior Consulting and Project Management (estimated
max of$36,000 T&M):
Contract Information
Original Contract Amount
Previous Change Orders)
Change Order Amount
(If Over $100k Change
Order To Be Presented To
Council For Approval)
Final Contract Amount
(Including All Change
Orders)
Revised Completion Date
Signature
1. Contractor (Required)
2. Project Manager
(Required)
3. Department Head
(Required)
4. Procurement Officer
(Required)
5. City Attorney (Required
Based On Value Of
Thresholds)
... .
6. City Manager (Required
Based On Value Of
Thresholds)
This phase covers on -call senior environmental consulting and
project management to support regulatory review, site planning,
and coordination tasks. It includes strategy development,
technical documentation, and coordination with the civil
engineer on cut/fill plans. Equipment rentals and all field -related
expenses are also included in this phase.
$99,140.00
$0.00
$801000.00
$1791140.00
._ 1- -
j 0&01-2025
DocuSigned by:
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Signed by:
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Signed by:
7753E0500940430.1.
6/11/2025 15:17:42
6/12/2025
6/12/2025
6/12/2025
9:07:48
PM EDT
MDT
3:42:24 PM MDT
8:40:29 AM MDT
Page 2 of 5
Docusign Envelope ID: ABC37E38-9E074389-8AAE-355915EE794E
V U I I I�
Ill enit Authorization
U r�a�e�P���,e�tragt
Amendment — Chan•ge
Order No. i.
Late
Projegt N�,
Proposal h�,�.
hr':a�,� •��, ���ri5
1C313L
IRroject 1'Jareie: pity of As;pen lurnberyard.affordable'Housing Project
Ta Citc of r'.spen
IOS 427 R q Grande
Plate
;aspen, Co 8.1E11
Mt n: r 1r_ Ber, Levenson
host Estimate
Add"tional Rerriedia'i Q•.�arsi.}ht Adjacent to
cd Erd Lane
R�me�_'ial Dversig��t r'.diaLent tc i Equpm�nt
1' and
��=nioe �vors�_Iting arn� i'rcjact P;ianagement
[J Fixed Fee
M uttkTask
Estimated Start Date
Time & Materiails
Unit
Total
)00 T&M
(as reEdea)
I:as needed)
U pion
Ap p rc�:�a`t fis
nee�:ied
Scope of Services:
The purpose of this proposal is to prol lde or -going consulting sere c_s, as needed and as requested, to
assist in the redeve.,opment of the slte irclUdirg oversig"nt ofaddldor:al remedial e:xcava miorns of soils viffith
elevated levels of lead, in the r�orthezrn portion of the site beyond the current limits of the e:xicawatacn:s
prop,ose�d in the scope of the �criglnal prop sal (dated Januar�� 13r 202Si;, and the overs gi3t of a ren^,edial
excavation in the southeastern portion of the site in the :vicinity of the eq.fipment yard to remove :oils
ith concentraticns of lead that whvere identified during asphak removal activities by the subcontractor
onsite.
.�nV additional propgsa'is will be issued ender separate covers a_ t'ne scope of vror� !oa_ccmes moredefin_d
and ser�llce needs Irncf'ease. As 5�_c.nr ti'e costs I':erelri.ere Initlel estimates onl�r.
Page 3 of 5
Docusign Envelope ID: ABC37E38-9E074389-8AAE-355915EE794E
Page
chile campdeting the remedial actini hies in the norchern area of the site in the viOMIty of the vike path
and adjacent to Woodward Lane oLWined in the proposal dated January 13, 2025, VERTEX has identified
1.
mire tailings with elevated concentratio ns of lean that extend beyond the current limits of excavation to
the West, North, and East..
�'Ei�TE�: rrvill provide a t� fu°II time crs�erig°ht,�ronitor�ng during redevelopment activities related to the
soii excavation and disposal actiti ities of impacted fill material to achieve standards to enable the
redevelopment to support m ad-use,K'affordable hods ng develo mar t. For cost estirnatior� rurposes, eve
have assumed that on�Site excavation will be completed ovar a 16 day schedule with up to full-time
LiERTEX oversight during excavation, at critical milestones minimum.
.�dditiorrall�, cosh are afro ir3cl�ded for an average of up to one hour per daq� of ro�rtirre senior praoject
management time/records rrnanagemen-i the use of a photo -ionization detector (RID) and/orthe use of a
d°;tact reading X-ray Fluoresence (XRF) Analyzer, and rGutinefield expendables (i.e. gloves, sampling brags,
etc.' .Actual costs will be billed on a T&.M basis in accordance with the rates presented and subject to the
construction schedule conducted by the Site contractor. Additional costs for thin task include soil sampling
for up to 15 composite soil samples for constituents of concern identi ed onsite in the fill soils resource
Ecrnservation and Recovery Act (RCRXJ 8 Metals- lead and 10 composite samples for TCLP lead for the
purposes of waste cha racterization
'�'.�hile completing the remedial acuities outlined irr the proposal dated �erivary13, �02.5, the general
corntractor onske (Gould) exposed an area of mine tailings near the equipment Yard in the southeastern
portion of the site while removing asphalt as part of general skewGrk. VERTEX screened this mate nal with
the XRF .anti confirmed that this material contained elevated concentrations of lead and should be
excavated and disposed of a licensed landfill. This is outside of the scope of the January 3, 2i125 proposal.
As �eedtd, �"ERTE aili prr��icle up t�� iw�al) tir°ne oversight,�mor�itcsririg oluring rede�repment aeti^�ies,
related to the soil e:xcaaratio91 grid disposal activ es %J impacted fill material to O%M =V^e standards to
enable the redevelopment to sUPport mixed-use/affordable housing development. For cost estimation
atior
purposes, we have assumed that or -Site excavation will be completed over a 10 day schedule with up to
full-timeVER:'liEX oversight during excavation, at critical milestones minimum.
Additionally, c are also included f+%r an amperage of up to tare hour per da}� of ro�rtine :senior project
managete nt time,�recdrds rrra�agement, a mtse of a p�hotc�-ionizatii�n detect�ar �Ri� ar�d,�'or tftie use cif a
direct reading Xiiiray Fluoresence (XRF) Analyzer, and routine field expendables (i.e. gloves, sampling bags.,
eMI. Actual costs ®11 be billed on a TWO basis in accordance with the rates presented and subject to the
construction schedule conducted by the Site contractor. Additional costs for this task include soil sampling
for up to 14 composite sail samples for constituents of concern identified dnsite in the fill solls resource
,nservation and Recovery Act (RCRA 8 Metals- lead and 14 composite samples for TO1R lead for the
purposes of waste characterization
Page 4 of 5
Docusign Envelope ID: ABC37E38-9E07-4389-8AAE-355915EE794E
nge Order No. 001
page 3
P' c,, 3t Seniiar CDon-sulting and Project Management �3E:OOO [Ti&MI
trarT, I C � 'IM1ll be a'Jallable to pr+a:'ide sen".cr ocnlultirlg s=r+rire_ or acl+�iL U ICZ pnc+jeor_ rnanagerrJent foa anni
edd.tlo+r:al enViro7imen dl CDnSU tIP'2E h%,c+ri%. req°Jested 4' L e C_1 tf A., L,r eS deen^e.I aIc"=S_cr �, InC}LI11:ng bit
nr+t limiter tr+� r_gul3Lryr+r a+,a'ivations, =DSt r+DlnlCn SDeC fICat 'cn II_t prep erdtl+Dni re comm end -e.IGr';S 14r
r=-JS= end mGtemeni+ry=tile Dn-Site stockpile, t�olUrnetllC Cel=l�lat`DnS'dait�7trle ✓_iSCll englF',eerDv2IU3ta
cut,''.ill p'lanls, _trateg % de'sel_+p+inert y�r �c+nstru_r_iUn, proietiti rr,ar�ag�men4%, additi+�_naisits1
addtional tecIIrlica9 report revo"Iews; surnmarl letter reports, meetings, teleconfer=noes ar,d;'crtechni+ca
emal I corri 3uWcations_ The busget for this ta_k also incb._des rental costs for the XRF screEnin:g tool, and
aIJ fi=1d expenses.
LJ �'Jb�jeCt tD atteCt'ied
terrns & condition_
Client P►uthorizatal�r�
I'P►e�ra�e 5ir��a �ra�f rteurr�j
Fleas_ e.�:eout= t}�i_ Clie I,r'.Utl^crization =or The'4 EkTE;�. ompenies, LL t+, prooeecl
+r.itn foie abo�.e SCcp= of5=r":%ICe= at theSiaterl eStimate d C4cr5. P'aD Seru'ICES ,r�I I be
prc%ri+de d until it is signed aid ret-urn edtoVERTEX,
Subject tD terms & cotl,ddors in L subject to eriaster Ser's+ ces
our original agreement
The'JERTE}� Con�paniesl LLC
SccttJ.%l aId'enmirer
r,olanaging CiiT=ctor �'� F:egi+aral
Lead
Ag*=efor,ent
P�•: a rt�; e
r—It:e
Title
G _ke
Pale 5 of 5
Docusign Envelope ID: 38855208-6E80-435B-96EA-E2DB856CDB02
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
i A
1 PP,4'
CITY CIF ASPEN
City of Aspen Contract No.: 2025-048 PS 1360368
AGREEMENT made this 29th day of January, in the year 2025.
BETWEEN the City:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
The Vertex Companies, LLC
c/o Scott J. Waldenmyer
3420 W. 261h Avenue, Suite 100-D
Denver, CO 80211
303-623-9116
swaldenMee_r_(i,vertexeng com
For the Following Project:
Contract Amount:
Total: $99,140.00
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: N/A
Resolution No.: N/A
Lumberyard Affordable Housing Development - Phase 0 with Vertex
Exhibits appended and made a part of this Agreement:
Exhibit A: Proposal including Scope of Work and Fee Schedule.
The City and Professional agree as set forth below.
Agreement Professional Services Page 0
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Docusign Envelope ID: 38855208-6E80-435B-96EA-E2DB856CDB02
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 5/1/2025. 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, monthly invoices for work performed. Payment
�r shall be due thirty (30) day from the date of Professional's invoice. 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 invoice.
4. Non -Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either parry without prior written consent of the other,
which shall not be unreasonably delayed or withheld, provided however, a parry may assign this
Agreement to any Affiliate or to any successor of the assigning party resulting from any merger,
consolidation or reorganization, or to another corporation which shall acquire all or substantially all
�r of the equity, stock, business or assets of the party seeking assignment. For purposes of this provision
"Affiliate" shall mean any entity that controls, is controlled by or under common control with the
assigning entity. 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 parry, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, and
payment for all work performed until the date of 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
Agreement Professional Services Page 1
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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
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, employ-
ees, 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 limitatie 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, mistakes 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
�r 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. T-4e
handle,Professional agrees to investigate, respond to, and to provide defense for and defend against.,
any sueh liability, elaims or- demands a4 the sole expease of the Professional, or- at the eption 0
City, agrees to pay the City or- Fei-M-h-Iff-se, Uhe, City for- the eo-sts ineuffed by the City in
. 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
Agreement Professional Services Page 2
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Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims -made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Worker's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self -insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1, 000, 000.00) each occurrence and 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
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completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
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
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Docusign Envelope ID: 38855208-6E80-435B-96EA-E2DB856CDB02
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
Any business that enters into a contract for goods or services with the City of Aspen or any of its
boards, agencies, or departments shall:
(a) Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
employment -related decision or benefit on account of actual or perceived race,
color, religion, national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or
familial status.
(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
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ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
18. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
19. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
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by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither The City ner
�r and the Professional shall have the right to assign, transfer or sublet its interest or obligations
hereunder w t, et4 the wr- tte ,.erase-„t of the *ho,..,", according to Section 4 of this Agreement.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon
or grant to any third parry 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, Ineli ig bility, 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. The Professional in performing the Services hereunder must comply with all applicable
provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101,
et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by
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the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR
1501-11. Services rendered hereunder that use information and communication technology, as the
term is defined in Colorado law, including but not limited to websites, applications, software,
videos, and electronic documents must also comply with the latest version of Level AA of the Web
Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information
and communication technology used, created, developed, or procured in connection with the
Services hereunder meets these standards, Professional may be required to demonstrate
compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section
above in relation to the Professional's failure to comply with §§24-85-101, et seq., C.R.S., or the
Technology Accessibility Standards for Individuals with a Disability as established by the Office
of Information Technology pursuant to Section §24-85-103(2.5).
27. 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 and 29 Limitation of Liability and 30 Consequential Damages
below.
28. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
29. Limitation of Liability. To the fullest extent permitted by law, the total liability, in the
aggregate, of Professional and its officers, directors, affiliates, employees, agents, and independent
professional associates and consultants, and any of them, to City and any one claiming by, through
or under City, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out
of or in any way related to Professional's services, the project or this Agreement, from any cause
�r or causes whatsoever, including but not limited to, the negligence, errors, omissions, strict liability,
breach of contract, misrepresentation, or breach of warranty of Professional or Professional's
officers, directors, employees, affiliates, agents or independent professional associates or
consultants, or any of them, shall not exceed $100,000.00 or VERTEX'S total fee for the services
rendered on this Project, whichever is greater.
30. Consequential Damages. In no event shall any parry to this Agreement be liable to another
party for any incidental, indirect, special, punitive or consequential damages or lost profits,
T whether arising in contract, tort or otherwise, even if the possibility thereof may be known to one
or more parties.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPEN, COLORADO:
E D Signed
by:
2DA4D214EE1942B...
[Signature]
Sara G. Ott
PROFESSIONAL:
Fsignea by:
S(* 9. twu. w
[Signature
Scott J. Waldenmyer
Title: city Manager Title: Managing Director & Regional Lea
Date: 2/6/2025 1 12:26:43 PM PST
Approved as to form:
Signed by:
City Attorney's Office
2/6/2025 1 1:21:39 PM MST
Date: 2/6/2025 1 2:59:17 PM EST
Agreement Professional Services
Updated 5/2024
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January 13, 2025
City of Aspen
427 Rio Grande Place
Aspen, CO 81611
Attn: Mr. Ben Levenson
Re: Proposal for Environmental Consulting Services
City of Aspen Lumberyard Affordable Housing Project
105 Woodward Lane & 38005 CO-82
Aspen, Colorado 81611
Vertex Proposal No: P.016582.24
Dear Mr. Levenson:
The Vertex Companies, LLC (VERTEX) is pleased to provide the City of Aspen with the following proposal
for environmental consulting services associated with the Brownfield Cleanup and Redevelopment of the
Lumberyard Property located in Aspen, Colorado (the Subject Property).
This proposal contains a Project Work Scope, Schedule of Services, Fee for Services, list of Additional
Services not included in this proposal, Assumptions, Exclusions and Clarifications, Terms and Conditions,
and a Project Authorization.
PROJECT UNDERSTANDING
The Client intends to enroll the Subject Property into the Colorado Department of Public Health and
Environment (CDPHE) Voluntary Cleanup Program (VCUP), and furtherto utilize the Colorado Brownfield Tax
Credit Program for financial assistance in the pursuit of regulatory closure.
The subject property consists of four legal parcels of land totaling approximately 11.5 acres. VERTEX
understands that the Client intends to redevelop the subject property into a mixed -use
commercial/affordable housing development.
VERTEX performed a Phase II Limited Subsurface Investigation (LSI) on the subject property in response to
the findings identified in a prior Phase I ESA (performed by others) that included 1) the presence and known
releases related to historical underground storage tanks (USTs) that received regulatory closure in 1990 and
1995, 2) assessing potential impacts from structures formerly located on -site, 3) assess identified fill material
on -site and 4) assess the environmental conditions in areas of suspected releases were petroleum products
and hazardous materials may have been released. The Phase II LSI consisted of the advancement of four (4)
test pits in the area of historical structures, advancement of 31 surficial/shallow soil borings to assess fill
material and possible releases and advancement of seven (7) soil gas samples in areas of proposed buildings.
Based on the results of the Phase II LSI, VERTEX identified several areas with elevated concentrations of lead
and/or polycyclic aromatic hydrocarbons (PAHs) exceeding regulatory standards.
THE VERTEX COMPANIES, LLC
2420 W. 26TH AVENUE, SUITE 100-D
DENVER, CO 80211
303.623.9116 1 VERTEXENG.COM
Docusign Envelope ID: 38855208-6E80-435B-96EA-E2DB856CDB02
Proposal for Environmental Consulting Services
105 Woodward Lane & 38005 CO-82, Aspen, CO
January 13, 2025
Based on the results of the Phase II LSI, VERTEX performed a subsequent Supplemental Site Characterization
to further assess the findings and attempt to delineate the horizontal and vertical extents of identified
impacts. The supplemental site characterization consisted of the advancement of 31 additional soil borings
across the northwestern portion of the subject property. Soil analytical results partially delineated the
presence various PAHs and lead at concentration exceeding regulatory standards. A total of approximately
1,673 cubic yards of lead/toxic characteristic leaching procedure (TCLP) lead impacted soils and
approximately 422 cubic yards of PAH impacted soils are anticipated to warrant off -site disposal.
Groundwater was not encountered during on -site investigations to a depth of 11 feet below ground surface
(bgs).
The site development plan includes construction of multi -family buildings, underground infrastructure, utility
installation, stormwater detention vault, surface parking areas, landscape/green space areas and roadway
infrastructure.
PROJECT WORK SCOPE
VERTEX has identified seven (7) tasks to be completed in order to obtain a final No Action Determination
(NAD) for the development from CDPHE under the VCUP:
1. Scoping Meeting with CDPHE
2. VCUP Application
a. Includes preparation of brownfield tax credit letter
3. Site Visit/Site Inspection
4. Project Implementation Oversight
a. Includes the oversight of the removal and disposal of impacted fill material to achieve
standards to enable the redevelopment to support mixed use commercial and multi-
family residential land use
5. NAD report
a. Includes preparation of final brownfield tax credit letter & backup documentation
Each of these tasks is outlined below:
CDPHE Scoping Meeting
VERTEX held an initial pre -application meeting with CDPHE (prior to submitting a VCUP application) to
discuss the submittal of the VCP application, the currently proposed development and remedial activities.
The intent of this meeting was to identify any data gaps in the previous assessment that CDPHE will require
to be investigated to enter the subject property into the VCP program and obtain a NAD. Additionally, we
discussed the project schedule and availability of Brownfield Tax Credits with CDPHE to develop a strategy
to maximize potential tax credits for any contaminated soil management activities. Any additional
investigation requested by the CDPHE, otherthan outlined in this proposal, would be at an additional cost.
` 1i♦1T E`
Docusign Envelope ID: 38855208-6E80-435B-96EA-E2DB856CDB02
Proposal for Environmental Consulting Services
105 Woodward Lane & 38005 CO-82, Aspen, CO
January 13, 2025
VCUP Application
On behalf of the Client, VERTEX will prepare a VCUP application to ensure that conditions are protective
of human health and the environment based on the intended proposed use of the subject property. The
VCUP application will be submitted to CDPHE for review and approval. The VCUP application will detail
specifics regarding the subject property, proposed redevelopment activities, potential exposure pathways
and proposed cleanup efforts, in accordance with applicable CDPHE regulations. The CDPHE has 45 days
to approve or deny the application.
As part of the VCUP application development, VERTEX will prepare a Remedial Action Plan (RAP) for the
subject property that will include a Materials Management Plan (MMP). The MMP will include a Soil
Characterization Management Plan (SCMP) in the event that regulated asbestos containing material
(ACM) or regulated asbestos containing soil (RACS) is identified in soil during on -Site redevelopment
activities. The MMP will detail the relevant procedures for the management, proper handling and disposal
of potentially contaminated media from the subject property in accordance with applicable CDPHE
policies and guidelines. The MMP should be used and implemented by the Client and its appropriately
licensed contractors during all redevelopment activities.
Additionally, VERTEX will prepare a Site -specific Health and Safety Plan (HASP) for use during on -Site
redevelopment activities. The HASP will be prepared to guide the conduct of the work in the event that
petroleum hydrocarbons, chlorinated solvents, metals and/or other potentially 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 VERTEX employees 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. It may become necessary to upgrade this level of protection, at an
additional cost, while sampling activities are being conducted in the event that petroleum hydrocarbons or
hazardous substances are encountered, which present an increased risk for personal exposure.
Additionally, VERTEX will prepare a Brownfield Tax Credit program letter summarizing the anticipated
environmental remediation costs for submittal with the VCP application for potential tax credit
reimbursement upon receipt of regulatory closure.
Site Visit/Inspection
Prior to initiating remedial excavation activities, VERTEX will perform a site visit to GPS locate, identify and
mark areas of identified PAH and lead -impacted soils for guidance during remedial excavation activities.
` 1i♦1T E`
Docusign Envelope ID: 38855208-6E80-435B-96EA-E2DB856CDB02
Proposal for Environmental Consulting Services
105 Woodward Lane & 38005 CO-82, Aspen, CO
January 13, 2025
Project Implementation Oversight
Demolition, Excavation and Construction Monitoring
An appropriately licensed VERTEX Colorado Certified Asbestos Building Inspector (CABI) will be on -Site
during all Site demolition, and redevelopment earthwork/excavation activities. If suspect asbestos in soil
or any additional asbestos is identified on -Site during demolition or excavation activities related to
demolition debris or impacted soil removal, VERTEX will notify the Client immediately. If asbestos in soil
or other demolition debris is identified, additional oversight and management costs will apply.
VERTEX will provide up to full time oversight/monitoring during redevelopment activities related to the
soil excavation and disposal activities of impacted fill material to achieve standards to enable the
redevelopment to support mixed-use/affordable housing development. Based on the documented soil
lead and PAH impacts within the fill layer on -site that exceed regulatory screening levels, the soils planned
for excavation due to environmental, geotechnical or site development purposes will need to be disposed
in a properly permitted landfill. For cost estimation purposes, we have assumed that on -Site excavation
will be completed over a 20 day schedule with up to full-time VERTEX oversight during excavation, at
critical milestones minimum. We have assumed 20 days of up to full time CABI oversight at subject
property time for the demolition, and redevelopment earthwork/excavation activities and soil
excavation oversight. However, VERTEX notes that the construction schedule is outside our control and
will bill only for actual days on -Site.
The estimated costs provided in this proposal assume that full days of work will be completed by one
VERTEX field staff member for an eight -hour day. Based on the quantity of soils and information obtained
from the general earthwork contractor, VERTEX estimates the time to complete these excavation activities
to be 20 total business days. Costs are also included for an average of up to one hour per day of routine
senior project management time/records management, the use of a photo -ionization detector (PID)
and/or the use of a direct reading X-ray Fluoresence (XRF) Analyzer, and routine field expendables (i.e.
gloves, sampling bags, etc.). Actual costs will be billed on a T&M basis in accordance with the rates
presented and subject to the construction schedule conducted by the Site contractor.
The estimated Site earthwork/excavation activities provided in this proposal assume that confirmation
soil sampling will be warranted or required during Site earthwork/excavation activities. During soil
excavation activities, VERTEX will analyze lead in soils utilizing a direct -reading X-Ray Fluoresence (XRF)
Analyzer that can detect elemental lead and other naturally occurring metals in accordance with U.S.
Environmental Protection Agency (EPA) Method 6200. If elevated lead readings are detected in soil
samples using the XRF, VERTEX will direct the earthwork contractor to further excavate soils in an attempt
to remove lead -impacted soils to below CDPHE/USEPA RSLs for residential land use. Lead impacts will be
identified by concentrations exceeding CDPHE/USEPA RSLs of 200 milligrams per kilogram (mg/kg) for
residential soils. To confirm the lead delineation, a 10-point grab sample will be collected from each
excavation sidewall/floor and then homogenized and composited to form a single sample representing
the respective sidewall/floor for laboratory analysis. As such, for budgetary purposes, VERTEX is
including soil sampling for up to 50 composite soil samples for constituents of concern identified on -
site in the fill soils during prior subsurface investigations including polycyclic aromatic hydrocarbons
(PAHs) and Resource Conservation and Recovery Act (RCRA) 8 Metals- lead/ TCLP lead. The samples
would be submitted for laboratory analysis on an expedited 48 hour turnaround time (PAHs only) or 72
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Proposal for Environmental Consulting Services
105 Woodward Lane & 38005 CO-82, Aspen, CO
January 13, 2025
hour (3 business day) turnaround time (lead/TCLP lead). If additional sampling is required during Site
earthwork/excavation activities beyond what is included in this scope of work or expedited sampling is
requested, VERTEX will notify the Client in writing for approval prior to initiating additional sampling
activities. At this time and based on the proposed depths of construction, no additional groundwater
sampling is proposed or included for budgetary purposes.
Where applicable, soil will be screened visually and with a PID and/or XRF Analyzer as described above to
identify potential unsuitable soils for segregation, characterization and proper
handling/management/disposal of impacted media in accordance with the MMP. When present on -site,
VERTEX will direct the movement of soils. Costs in this task are only for environmental oversight of the
redevelopment and its ancillary features. Redevelopment activities (i.e., construction labor, machinery
and equipment) are to be conducted by other parties and the costs for which are not included in this
proposal. Disposal coordination, excavation, traffic control, trucking and disposal of soils or other
materials will be conducted by others. VERTEX will provide data for waste characterization and review
waste profiles and manifests. VERTEX can sign non -hazardous waste disposal manifests if properly
authorized in writing. VERTEX does not sign hazardous waste manifests.
If temporary stockpiling of soils is required, such stockpiles will be located sufficiently within the
boundaries of the subject property as directed by VERTEX. If required, soil samples for disposal
characterization will be obtained by VERTEX and submitted for laboratory analysis in accordance with
landfill requirements. Temporary stockpiles shall be placed on a 6-millimeter (minimum) polyethylene
sheeting and covered with polyethylene. Temporary stockpiles shall be surrounded by silt fences with
booms and/or haybales to prevent erosion or migration during potential precipitation events. Temporary
stockpile materials will be the responsibility of the Client.
VERTEX assumes the excavated soil can be stockpiled and staged on -Site pending receipt of the above
analytical data and coordination of disposal facility acceptance. If live -loading of soil will be needed,
VERTEX can arrange to have the analytical samples collected and coordination conducted ahead of
excavation for an additional cost.
No Action Determination (NAD) Petition
Upon completion of the work, VERTEX will prepare a comprehensive No Action Determination (NAD)
Petition for submittal to CDPHE. The NAD will include a summary of all field tasks, tabulated laboratory
results, field screening results, waste manifests, and other supplemental information. Additionally,
VERTEX will prepare a Brownfield Tax Credit program letter summarizing the actual environmental
remediation costs for submittal with the RACR/NAD request for potential tax credit reimbursement.
Senior Consulting and Additional Project Management
VERTEX will be available to provide senior consulting services or additional project management for any
additional environmental consulting work requested by the Client, or as deemed necessary, including but
not limited to, regulatory evaluations, cost opinions, specification list preparation, recommendations for
re -use and movement of the on -site stockpile, volumetric calculations with the civil engineer to evaluate
cut/fill plans, strategy development for construction, project management, additional site visits,
additional technical report reviews, summary letter reports, meetings, teleconferences and/or technical
Docusign Envelope ID: 38855208-6E80-435B-96EA-E2DB856CDB02
Proposal for Environmental Consulting Services
105 Woodward Lane & 38005 CO-82, Aspen, CO
January 13, 2025
email communications. This work will be provided on a time & materials (T&M) basis in accordance with
the attached rate table. An initial budget has been established and can be increased with Client approval
as deemed necessary.
SCHEDULE OF SERVICES
VERTEX is prepared to commence scheduling the work upon receipt of the signed Project Work Authorization.
We previously attended the CDPHE VCUP scoping meeting. It is anticipated that the VCUP Application and
associated documents (i.e. Brownfield Tax Credit Letter and Materials Management Plan) can be completed
within 3-4 weeks, with the understanding that based on information obtained from the CDPHE, that the
Materials Management Plan and Brownfield Tax Credit letter can be informally submitted to the CDPHE in
order to begin on -site remedial activities prior to formal CDPHE approval of the VCUP application. The vapor
barrier design (if required) can also be completed within 4 weeks if building design plans in electronic format
are available immediately. The remaining tasks are dependent upon development and construction
schedules.
FEE FOR SERVICES
VERTEX can complete this project on a Time and Materials (T&M) basis in accordance with the attached rate
schedule. Based upon the scope of work outlined above, we estimate that the total fee will be on the
order of $99,140.00. An approximate breakdown of the fee for each task is as follows:
Task
Estimated Cost
Task 01- CDPHE Scoping Meeting
$875.00
Task 02- VCUP Application
$6,800.00
- Includes construction MMP, SCMP & Brownfield Tax Credit Letter
Preparation
Task 03- Site Visit/Inspection to mark out impacted soil areas
$2,450.00
Task 04- Remedial Implementation Oversight/Labor/Analytical Lab
- 20 days for Soil Excavation and CABI Oversight @ $150/hour
- Includes collection of confirmation soil samples (up to 50)
$52,515.00.00
Task 05- NAD Report
- Includes preparation of brownfield tax credit summary report & backup
documentation
$8,250.00
Task 06- Project Management/ Coordination/ Mobilization/
Expenses/equipment
- Includes XRF rental for lead in soils screening (1 month rental)
- Includes PID rental for soils screening (1 month rental)
- Includes misc. field expendables
- Includes up to 1 hour per day of project management/mobilization
- Includes mobilization/per-diem/accommodations
- Includes QA/QC review for each task
$28,250.00
Estimated Total
$99,140.00 (T&M)
Senior Consulting 1 $2,000.00 (T&M, as requested)
V1311TE\
Docusign Envelope ID: 38855208-6E80-435B-96EA-E2DB856CDB02
Proposal for Environmental Consulting Services
105 Woodward Lane & 38005 CO-82, Aspen, CO
January 13, 2025
Senior Consulting and Additional Project Management will be billed in accordance with the attached rate
table, as needed or requested. An initial budget of $2,000 has been established and can be increased with
Client approval, as deemed necessary.
The rates provided above include the daily labor, materials, equipment, airfare, travel time/mileage, and
sample analysis necessary to accomplish the scope of work. The costs described above are based on an
estimate of the number of samples that VERTEX will collect. The Client will only be invoiced for actual
work performed, whether more or less than estimated.
ADDITIONAL SERVICES
Following is a list of services which are specifically excluded from this agreement but could be provided by
VERTEX should the need arise. In the event that these services should become necessary, a Change Order
Request will be sent to the Client for approval prior to commencement of the additional work.
• More than the aforementioned days of field work;
• Cost associated with night and weekend work (if requested);
• Asbestos or Lead Paint Inspection or Abatement services;
• Soil backfill/importation activities;
• Groundwater dewatering, water treatment and discharge, and/or water discharge permitting;
• Characterization and disposal of investigation derived waste beyond what is discussed in this
proposal;
• Permitting;
• Installation of additional soil borings, groundwater monitoring wells, or soil gas points based on
additional requests of the CDPHE;
• Delineation and/or remediation of any subsurface impacts;
• Analysis of additional soil, groundwater, soil gas samples;
• Characterization and disposal of impacted soil, groundwater, or investigation derived waste of
any kind other than previously discussed;
• Monitoring well decommissioning other than previously discussed;
• Regulatory/legal fees; and,
• Any other service not specifically outlined in Section 1.0 of this proposal.
ASSUMPTIONS
For the purposes of this proposal, the estimated project costs outlined below assumes the following:
• Costs in this proposal do NOT include supplemental site characterization activities, if warranted
or required by the CDPHE. If supplemental site characterization is required by the CDPHE, VERTEX
will notify the client in writing and submit a change order/proposal for additional scope of work.
Scope and pricing may change based upon local and/or state (CDPHE), requirements which were
not included in this proposal.
• For budgetary purposes, VERTEX assumes up to 20 full days of on -site time for VERTEX and up to
15 full days of on -site time for VERTEX oversight of vapor mitigation system installation and post -
installation testing. Additional oversight time will incur additional costs in accordance with the
V1311TE\
Docusign Envelope ID: 38855208-6E80-435B-96EA-E2DB856CDB02
Proposal for Environmental Consulting Services
105 Woodward Lane & 38005 CO-82, Aspen, CO
January 13, 2025
attached rate table. VERTEX will notify the client in writing prior to initiating additional oversight
and submit a change order as needed.
• Direct reading X-ray Fluorescence (XRF) Analyzer can be influenced by soil matric and/or moisture.
• VERTEX is including soil sampling for up to 50 composite soil samples for constituents of concern
identified on -site in the fill soils during prior subsurface investigations including polycyclic
aromatic hydrocarbons (PAHs) and Resource Conservation and Recovery Act (RCRA) 8 Metals -
lead/ TCLP lead. The samples would be submitted for laboratory analysis on an expedited 48 hour
turnaround time (PAHs only) or 72 Hour (3 business day) turnaround time (lead/TCLP lead). If
additional sampling is required during Site earthwork/excavation activities beyond what is
included in this scope of work or expedited sampling is requested, VERTEX will notify the Client in
writing for approval prior to initiating additional sampling activities.
• The Client's Site general contractor will be responsible for all soil excavation, stockpiling, traffic
control, loading, trucking, and disposal and groundwater removal, treatment and disposal with
oversight provided by VERTEX.
• No additional contamination (or suspect asbestos in soil) will be encountered. If RACS is
encountered, additional costs will apply for sampling & handling management.
• Proposal does not include any asbestos or lead paint abatement.
• Proposal does not include the full restoration of landscaped or paved areas disturbed during
Phase II sampling activities.
• Proposal does not include costs for engineering, surveying, construction labor or equipment,
Site/construction layouts, zoning or permitting requirements.
• VERTEX assumes no groundwater will be encountered during construction excavation activities.
However, if groundwater is encountered, excavation dewatering may be necessary during the
construction activities, but will be managed/handled and disposed in accordance with the MMP.
If groundwater dewatering is warranted based on field conditions, additional fees may apply and
VERTEX will submit a Change Order to Client for additional characterization/ oversight/
management, as needed. Additional time, if required, will be billed at the attached Time and
Materials rates.
• Cost are not included for compaction or compaction testing of any imported fill material.
• Smoke testing will be performed by others.
• VERTEX assumes the Client or Client's contractor will have all utilities cleared, capped and/or
removed to accommodate for the proposed redevelopment activities. VERTEX will not be
responsible for damage to unmarked or inaccurately marked structures/utilities, nor associated
losses, nor repair costs.
• If substantial delays are incurred as a result of actions not in VERTEX's control, a change order
may be issued if the proposed scope of work cannot be completed within specified timeframe.
• VERTEX assumes the work will be conducted during standard business hours. Work between the
hours of 7:00 pm and 6:00 am will be billed at a 1.5 multiplier. Field work consists of 8 hours
per day, portal to portal. Overtime, Saturdays, Sundays, and Holidays will be billed at a 1.5
multiplier.
• Subcontract services will be billed at cost plus 15%.
• VERTEX is not responsible for additional costs that may result from delays outside of our control
and/or inclement weather.
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Docusign Envelope ID: 38855208-6E80-435B-96EA-E2DB856CDB02
Proposal for Environmental Consulting Services
105 Woodward Lane & 38005 CO-82, Aspen, CO
January 13, 2025
• Our fee does not include the $2,000 CDPHE VCP application fee or the $2,000 CDPHE NAD
Petition fee as those will be paid directly by the Client. If the Client prefers VERTEX submit the
CDPHE application and/or NAD petition check, a standard 15% subcontractor markup.
TERMS AND CONDITIONS
This proposal and subsequent agreement will be conducted in accordance with the attached Terms and
Conditions.
PROJECT AUTHORIZATION
Attached you will find a copy of the Project Work Authorization. Please sign and return it to VERTEX,
the receipt of which shall constitute our notice to proceed.
Sincerely,
The Vertex Companies, LLC
Waldenmye evIeLong, P
Regional Vice President Vice President
Attachments: Project Work Authorization Form
The VERTEX Companies, LLC Terms and Conditions
VERTEX Fee Schedule
V1311TE\
Docusign Envelope ID: 38855208-6E80-435B-96EA-E2DB856CDB02
Proposal for Environmental Consulting Services
105 Woodward Lane & 38005 CO-82, Aspen, CO
January 13, 2025
PROJECT WORK AUTHORIZATION
Description of Services: Environmental Consulting Services
Project Location: City of Aspen Lumberyard Affordable Housing Proiect
105 Woodward Lane & 38005 CO-82
Aspen, Colorado
Proposal No: P.016582.24
Date: January 13, 2025
Cost: Environmental Consulting Services (T&M) - $99,140.00
VERTEX can complete this project on a Time and Materials (T&M) basis in accordance with the attached rate
schedule. Based upon the scope of work outlined above, we estimate that the total fee will be on the
order of $99,140.00. An approximate breakdown of the fee for each task is as follows:
Task
Estimated Cost
Task 01- CDPHE Scoping Meeting
$875.00
Task 02- VCUP Application
$6,800.00
- Includes construction MMP, SCMP & Brownfield Tax Credit Letter
Preparation
Task 03- Site Visit/Inspection to mark out impacted soil areas
$2,450.00
Task 04- Remedial Implementation Oversight/Labor/Analytical Lab
- 20 days for Soil Excavation and CABI Oversight @ $150/hour
- Includes collection of confirmation soil samples (up to 50)
$52,515.00.00
Task 05- NAD Report
- Includes preparation of brownfield tax credit summary report & backup
documentation
$8,250.00
Task 06- Project Management/ Coordination/ Mobilization/
Expenses/equipment
- Includes XRF rental for lead in soils screening (1 month rental)
- Includes PID rental for soils screening (1 month rental)
- Includes misc. field expendables
- Includes up to 1 hour per day of project management/mobilization
- Includes mobilization/per-diem/accommodations
- Includes QA/QC review for each task
$28,250.00
Estimated Total
$99,140.00 (T&M)
Senior Consulting 1 $2,000.00 (T&M, as requested)
Senior Consulting and Additional Project Management will be billed in accordance with the attached rate
table, as needed or requested. An initial budget of $2,000 has been established and can be increased with
Client approval, as deemed necessary.
` 1i♦1T E`
Docusign Envelope ID: 38855208-6E80-435B-96EA-E2DB856CDB02
Proposal for Environmental Consulting Services
105 Woodward Lane & 38005 CO-82, Aspen, CO
January 13, 2025
The rates provided above include the daily labor, materials, equipment, airfare, travel time/mileage, and
sample analysis necessary to accomplish the scope of work. The costs described above are based on an
estimate of the number of samples that VERTEX will collect. The Client will only be invoiced for actual
work performed, whether more or less than estimated.
CHARGE INVOICES TO THE ACCOUNT OF:
Client/Address: City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
Attn: Mr. Ben Levenson
Phone — email: 970-309-5199 — ben.levenson@aspen.gov
FEE FOR SERVICES ACCEPTED BY: Date:
PAYMENT TERMS:
Invoices for completed work will be issued by the calendar month for continuous or extended projects
unless otherwise agreed. Payment is net thirty days.
This is a legal and binding contract between the CLIENT and The Vertex Companies, LLC as referenced in
the attached proposal of this date and as described above.
` 1i♦1T E`
5208-6 E 80-435 B-96 EA-E 2 D B 856 C D B 02
ENVIRONMENTAL LABOR AND DIRECT EXPENSE RATE SCHEDULE
Personnel Standard Hourly Rate
Office Administrator
$90
Technical Administrator
$95
Administrative Manager
$95
Field Technician
$105
CAD/GIS Technician
$1 10
Senior CAD/GIS Technician
$1 35
Data/GIS Analyst
$1 25
Senior Data/GIS Manager
$150
Data/GIS Lead
$160
Risk Assessor
$190
Scientist/Geologist/Assessor/Engineer I
$1 15
Scientist/Geologist/Assessor/Engineer II
$125
Scientist/Geologist/Assessor/Engineer III
$145
Scientist/Geologist/Assessor/Engineer IV
$165
Senior Scientist/Geologist/Assessor/Engineer
$1 85
Lead Scientist/Geologist/Assessor/Engineer
$210
Technical Director
$215
Assistant Project Manager
$140
Project Manager 1
$150
Project Manager II
$170
Senior Project Manager
$195
Division Manager/Project Lead
$210
Regional Service Area Lead/Project Director
$225
Regional Vice President
$250
National Technical Lead
$250
Executive Vice President
$280
Managing Director
$300
Subcontractors And Other Direct Expenses Are Charged At Cost Plus 15%
Expert Witness Testimony And Deposition Billed At 1.5 Times The Base Unit Rate.
Effective: August 1, 2024