HomeMy WebLinkAboutagenda.council.regular.20250708AGENDA
CITY COUNCIL REGULAR
MEETING
July 8, 2025
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
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(Time for any citizen to address Council on issues NOT scheduled for a public hearing.
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V.Special Orders of the Day
VI.Consent Calendar
VIA.Resolution #082 and #093, Series of 2025 - Stormpipe Lining Project
VIB.Resolution #091, Series of 2025 – Grant Award for a Commercial Water Efficiency
Challenge, Rebate and Awards Program
VIC.Resolution #094, Series of 2025 - Old Powerhouse Preservation - A.D. Miller
Contract for Construction Services
VID.Draft Minutes of June 24
VII.Notice of Call-Up
VIII.First Reading of Ordinances
IX.Public Hearings
X.Action Items
XA.Resolution #097, Series of 2025 - West Mountain Regional Housing Coalition Good
Deeds Program Funding
Please limit your comments to 3 minutes)
a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's
Comments d) Board Reports
(These matters may be adopted together by a single motion)
2025.06.30_Stormpipe_Lining_Project_Memo.docx
Resolution_082_Stormpipe_Lining_Project.doc
Resolution_093_Stormpipe_Lining_Project.doc
Exhibit A - Contract with American West Construction LLC.pdf
Exhibit B - Stormpipe Lining Project RFP.docx
Exhibit C - Stormpipe Lining Project Bid Tab - AWC R2 FINAL.pdf
Exhibit D - Special Conditions 2025-063 Stormpipe Lining Project.doc
CWCB Grant Award and Commercial Challenge - Council Memo FINAL.docx
Exhibit_A_-_Resolution___091_Series_of_2025_-
_CWCB_Grant_Award_and_Commercial_Challenge_Project.doc
Exhibit B - Notice to Proceed from CWCB dated May 8 2025.pdf
Exhibit C - CWCB Water Plan Grant - Detailed Budget Estimate dated April 21
2025.pdf
Resolution #094, 2025 - Old Powerhouse Preservation - Contract for Construction
Services.doc
Memo - Resolution #094, 2025 - Old Powerhouse Preservation.docx
Exhibit 'I' A.D. Miller Services, Inc. AIA Contract Documents (2).pdf
Exhibit 'II': A.D. Miller - Old Powerhouse Preservation - Schedule of Values.pdf
Exhibit 'III': A.D. Miller - Old Powerhouse Preservation - Schedule.pdf
cc.min.062425.docx
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XB.Resolution #100, Series of 2025 - Lumberyard Master Development Agreement with
Gorman & Company
XI.Executive Session
XII.Adjournment
Resolution097_Memo_-__WMRHC_Good_Deeds_Funding.docx
Resolution097 - WMRHC Good Deeds Funding.docx
Memo 8JULY2025 Lumberyard Development Agreement.docx
Resolution 100 of 2025 r1.docx
Development Agreement Draft- v9 clean - Gorman Signed.pdf
Pursuant to C.R.S. Section 24-6-402(4)(a) The purchase, acquisition, lease, transfer, or sale
of any real, personal, or other property interest; (4)(b) Conferences with an attorney for the
local public body for purposes of receiving legal advice on specific legal questions; (4)(e),
Determining positions relative to matters that may be subject to negotiations; developing
strategy for negotiations, and instructing negotiators.
The specific items of discussion involve the following:
1. The Centennial Owner’s Association v. The City of Aspen, et al., Case No.
2015CV030158 and 2017CA2099;
2. Lease for property located at 455 Rio Grande Place, Aspen, Colorado.
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MEMORANDUM
TO: Mayor and Council
FROM: PJ Murray, PE, Clean River Program & Stormwater Manager
Simon Nicol, Project Manager
THROUGH: Tricia Aragon, PE, City Engineer
Tyler Christoff, PE, Deputy City Manager
MEMO DATE: June 30, 2025
MEETING DATE: July 8, 2025
RE: Resolution #082 and #093, Series 2025 - Stormpipe Lining Project
REQUEST OF COUNCIL: Staff recommend City Council approve (Resolution No. 082)
for the Stormpipe Lining Project contract in the amount of $1,002,140.00 with American
West Construction LLC and other related costs of approximately $212,265.00 including
contingency (Resolution No. 093).
BACKGROUND: Our city’s stormwater system is an important piece of infrastructure
which protects our community from flooding and provides for overall ecological health of
our river and environment. With the existing system aging, reactive repairs have proven
costly and disruptive, underscoring the need for proactive measures. This project seeks
to address this by conducting a proactive, non-invasive repair of mainline pipe
infrastructure integral to our system’s health. By using cured in place pipelining
technology, we can minimize costly emergency repairs, reduce community disruptions,
and ensure the long-term resilience of Aspen's stormwater system. The project aims to
repair two integral mainline pipes on S Aspen St and Mill St.
DISCUSSION: Staff is requesting Council approval to proceed with Stormpipe Lining
Project by approving a new contract with American West Construction LLC.
During Phase I of the Stormwater System Assessment, as well as the Engineering
Department’s internal inspections of our stormwater infrastructure, it was identified that
sections of pipe in our system have become degraded. Cured in place pipelining
technology was chosen as a low impact preventative maintenance procedure to restore
the integrity of the pipe sections without needing a complete replacement in the future .
American West Construction was chosen as the best candidate due to their extensive
experience with this technology, proven track record with CDOT, and fiscal responsibility.
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Figure 1: CIPP Repair Method Illustration
Cured in place pipelining as shown in Figure 1, is a trenchless pipe repair method in
which a new liner is inserted into an existing pipe and cured to create a strong new pipe
within the old one. This process extends the life of the existing pipe and provides a cost -
effective and environmentally friendly alternative to full replacement. The process is
quicker than full replacement and less impactful on the public roadways that the storm
pipes are located underneath. The proposed repairs for these storm pipes are set to
take place on main arterial streets of our city (as shown in Figure 2): S Aspen St from E
Hyman Ave to E Hopkins Ave, and Mill St from Hotel Jerome to Mill St Outfall. This
solution will provide a structural repair of our pipes and avoid a large impact to the
community. Cured in place lining will require much less traffic control and will allow
these streets to remain open during construction as opposed to lengthy full closures
required for complete replacement.
Figure 2: Mill St and S Aspen St Section to be Repaired
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FINANCIAL/BUDGET IMPACTS: The Stormpipe Lining Project (#51816) was
established through the 2025 capital budget process, and it is funded by the Stormwater
Fund. Existing budget authority is available in the 2025 budget. This project funding
includes a supplemental request of $114,405.00 to make up the difference in available
funding required for contingency.
Expenditures
Stormpipe Lining Project – American West Construction (Resolution No. 082) $1,002,140.00
CONTRACT TOTAL $1,002,140.00
Related Expenditures
15% Contingency (Resolution No. 093) $ 158,400.00
PVCMI Inspection Services (Existing As-needed Contract) $ 53,865.00
RELATED EXPENSES TOTAL $ 212,265.00
Budgeted Funding
Stormpipe Lining Project (160.328.81200.57210.51816) $ 1,100,000.00
Fall Supplemental Request: $114,405.00
TOTAL $ 1,214,405.00
ALTERNATIVES: The project alternatives are outlined below.
1. The City could choose the “status quo” approach. Without this contract, these
storm pipes will continue to degrade in condition until a full replacement is required.
The impacts of this have been described further in the paragraph below.
2. The City could choose to conduct a full pipe replacement in an out year. Full
replacement will involve large impacts to the community through reconstruction of
the existing roadways and significantly more costly construction methods. This
approach heightens the risk of extended traffic closures and would create a much
greater impact on the environment, compromising our ability to fulfill City Council's
goals. A full replacement of these pipes would limit our financial and staff capacity
to proactively manage the stormwater system and make safeguarding the health
of the Roaring Fork River significantly more challenging.
ENVIRONMENTAL IMPACTS: The City storm sewer is the primary transport of
stormwater runoff to the river. When this infrastructure is broken and degraded, it results
in an increase in pollutant loading to the river and damage to the roadway subbase which
can lead to roadway failures.
STAFF RECOMMENDATION: Staff recommend Council approve the Stormpipe Lining
Project in the amount of $1,002,140.00 and an additional contingency including related
expenses of $212,265.00.
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PROPOSED MOTIONS:
“I move to approve Resolution No. 082, Series of 2025 for the Stormpipe Lining Project
with American West Construction LLC.”
“I move to approve Resolution No. 093, Series of 2025 for the Storm pipe Lining Project
for contingency and related expenses.”
CITY MANAGER COMMENTS:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
ATTACHMENT A – Contract with American West Construction LLC.
ATTACHMENT B – Stormpipe Lining Project RFP
ATTACHMENT C – Stormpipe Lining Project Bid Tab
ATTACHMENT D – Special Conditions 2025-063
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RESOLUTION # 082
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE CONTRACT BETWEEN THE CITY OF
ASPEN AND AMERICAN WEST CONSTRUCTION LLC, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
stormpipe lining between the City of Aspen and American West Construction,
LLC, a true and accurate copy of which is attached hereto as “Exhibit A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves th e contract for
$1,002,140.00 between the City of Aspen and American West Construction LLC,
a copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council
of the City of Aspen on the 8th day of July 2025.
Rachael Richards, 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, July 8th, 2025.
Nicole Henning, City Clerk
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RESOLUTION # 093
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AUTHORIZING THE CITY MANAGER TO EXERCISE
ADMINISTRATIVE OVERSIGHT OF CHANGE ORDERS THAT ARE
WITHIN THE APPROVED PROJECT BUDGET FOR CITY PROJECT #2025-
063 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CHANGE ORDERS ON BEHALF OF THE CITY OF ASPEN COLORADO.
WHEREAS, there is an executed contract between the City of Aspen and
American West Construction, LLC in the amount of $1,002,140.00 a true and
accurate copy of which is attached hereto as Exhibit “A”;
WHEREAS, the City Council has determined it is in the best interest of the
City of Aspen to authorize the City Manager to exercise administrative oversight
of change orders associated with the American West Construction, LLC contract
for an amount not to exceed $158,400 and execute said change orders on behalf of
the City of Aspen, Colorado.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen does hereby authorize the City
Manager to exercise administrative oversight of any change orders associated with
the American West Construction, LLC contract for an amount not to exceed
$158,400 and execute said change orders on behalf of t he City of Aspen,
Colorado.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City
Council of the City of Aspen on the 8th day of July, 2025.
Rachael Richards, 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, July 8th, 2025.
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Nicole Henning, City Clerk
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STANDARD CONTRACT FOR CONSTRUCTION2025-063 Stormpipe Lining Project
THIS CONTRACT, made and entered into on the 16th of June, 2025, by andbetween the CITY OF ASPEN, Colorado, hereinafter called the “City”, andAmerican West Construction, LLC hereinafter called the “Contractor”.
THEREFORE, in consideration of the mutual covenants and Contracts hereincontained, and for other good and valuable consideration, the receipt andadequacy of which are hereby acknowledged, the parties hereto hereby agree asfollows:
1. Construction of Project. Contractor agrees to furnish all labor, materials,tools, machinery, equipment, temporary utilities, transportation, and any otherfacilities needed therefor, and to complete in a good, workmanlike andsubstantial manner the Project as described in the Scope of Work and/orProposal appended hereto as Exhibit “A”which is incorporated herein as if fullyset forth (the “Project”).
2. Plans and Specifications, Compliance with Laws. The Project is to beconstructed and completed in strict conformance with the Scope of Work and/orProposal appended hereto for the same approved in writing by the parties hereto.The Project shall also be constructed and completed in strict compliance with alllaws, ordinances, rules, regulations of all applicable governmental authorities,and the City of Aspen Procurement Code, Title 4 of the Municipal Code, includingthe approval requirements of Section 4-08-040. Contractor shall apply for andobtain all required permits and licenses and shall pay all fees therefor and allother fees required by such governmental authorities.
3. Payments to Contractor. In consideration of the covenants and Contractsherein contained being performed and kept by Contractor, including thesupplying of all labor, materials and services required by this Contract, and theconstruction and completion of the Project, City agrees to pay Contractor a sumnot to exceed ($1,002,140.00) DOLLARS in 2025 and an additional($332,503.60) in 2026 to be confirmed by City of Aspen early 2026, or as shownonExhibit “A”Payments due in 2026 shall be conditioned upon annualappropriations by City Council as set forth in below paragraph 33.
4. Commencement and Completion. Contractor agrees to commence workhereunder immediately upon execution hereof, to prosecute said work thereafterdiligently and continuously to completion, and in any and all events to
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substantially complete the same not later than June 15th, 2026 for Mill Street andAspen Street, and Fall 2026 for Koch Park to be confirmed by City of Aspen early2026, subject to such delays as are permissible under the “Extension of Time forCompletion” section of this Contract.
5. Payment of Bills and Charges. Contractor shall pay promptly all valid billsand charges for material, labor, machinery, equipment or any other service orfacility used in connection with or arising out of the Project and shall obtainperiodic releases from all subcontractors and material suppliers supplying laboror materials to the Project concurrently with Contractor's delivering any paymentto such subcontractors and material suppliers. Contractor shall indemnify andhold City and City's officers, employees, agents, successors and assigns freeand harmless against all expenses and liability suffered or incurred in connectionwith the claims of any such subcontractors or material suppliers, including but notlimited to court costs and attorney's fees resulting or arising therefrom; providedthat Contractor shall be excused from this obligation to the extent that City is inarrears in making the payments to Contractor. Should any liens or claims of lienbe filed of record against the Property, or should Contractor receive notice of anyunpaid bill or charge in connection with construction of the Project, Contractorshall immediately either pay and discharge the same and cause the same to bereleased of record, or shall furnish City with the proper indemnity either by titlepolicy or by corporate surety bond in the amount of 150% of the amount claimedpursuant to such lien.
6.Releases. Contractor shall, if requested by City, before being entitled toreceive any payment due, furnish to City all releases obtained fromsubcontractors and material suppliers and copies of all bills paid to such date,properly receipted and identified, covering work done and the materials furnishedto the Project and showing an expenditure of an amount not less than the total ofall previous payments made hereunder by City to Contractor.
7.Hierarchy of Project Documents.This Contract and the Proposal orScope of Work appended hereto as Exhibit “A”are intended to supplement oneanother. Contract Documents shall also include General Conditions forConstruction Contracts and Special Conditions appended hereto. However, incase of conflict this Contract for Construction shall control.
8. Changes in the Work. Should the City at any time during the progress ofthe work request any modifications, alterations or deviations in, additions to, oromissions from this Contract or the Proposal/Scope of Work, it shall be at libertyto do so, and the same shall in no way affect or make void this Contract; but theamount thereof shall be amortized over the remaining term of this Contract andadded to or deducted, as the case may be, from the payments set forth inParagraph 3 above by a fair and reasonable valuation, based upon the actualcost of labor and materials. This Contract shall be deemed to be completedwhen the work is finished in accordance with the original Proposal or Scope ofWork as amended or modified by such changes, whatever may be the nature orthe extent thereof. The rule of practice to be observed in fulfillment of this
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paragraph shall be that, upon the demand of either City or Contractor, thecharacter and valuation of any or all changes, omissions or extra work shall beagreed upon and fixed in writing, signed by City and Contractor, prior toperformance.
9. Contractor's Failure to Perform. Should Contractor, at any time during theprogress of the work, refuse or fail to supply sufficient material or workmen forthe expeditious progress of said work or fail to perform any other provisions ofthis Contract, City may, upon giving notice in writing to Contractor as providedherein and upon Contractor's failure to remedy any such failure within 7 daysfrom receipt of such notice, terminate this Contract and provide the necessarymaterial and workmen to finish the work and may enter upon the Property forsuch purpose and complete said work. The expense thereof shall be deductedfrom the payments remaining under Paragraph 3 above, or if the total cost of thework to City exceeds the amount of such remaining payments, Contractor shallpay to City upon demand the amount of such excess in addition to any and allother damages to which City may be entitled. In the event of such termination,City may take possession of all materials belonging to Contractor upon oradjacent to the Property upon which said work is being performed and may usethe same in the completion of said work. Such termination shall not prejudice orbe exclusive of any other legal rights which City may have against Contractor.
10. Extension of Time for Completion. Time is of the essence of this Contractand Contractor shall substantially complete the work during the time provided forherein. However, the time during which Contractor is delayed in said work by (a)the acts of City or its agents or employees or those claiming under Contract withor permission from City, or (b) the acts of God which Contractor could not havereasonably foreseen and provided against, or (c) unanticipated stormy orinclement weather which necessarily delays the work, or (d) any strikes, boycottsor obstructive actions by employees or labor organizations and which are beyondthe control of Contractor and which it cannot reasonably overcome, or (e) thefailure of City to make progress payments promptly, shall be added to the timefor completion of the work by a fair and reasonable allowance. Contractorrecognizes, however, that the site of the work is in the Rocky Mountains at a highelevation where inclement whether conditions are common. This fact has beenconsidered by Contractor in preparing its Proposal and or agreeing to the Scopeof Work. Furthermore, Contractor shall have the right to stop work if anypayment, including payment for extra work, is not made to Contractor asprovided in this Contract. In the event of such nonpayment, Contractor may keepthe job idle until all payments then due are received.
11. Unforeseen Conditions. It is understood and agreed that Contractor,before incurring any other expenses or purchasing any other materials for theProject, shall proceed to inspect the work site and all visible conditions and thatif, at the time of inspection therefor, the Contractor finds that the proposed workis at variance with the conditions indicated by the Proposal, Scope of Work, orinformation supplied by City, or should Contractor encounter physical conditionsbelow the surface of the ground of an unusual nature, differing materially from
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those ordinarily encountered and generally recognized as inherent in work of thecharacter provided for in this Contract or inherent in a work site located in theRocky Mountains, Contractor shall so notify City, and City shall at that time havethe right and option to immediately cancel and terminate this Contract or toinstruct Contractor to continue the work and add the additional amountattributable to such unforeseen conditions to the payments due Contractor as setforth above.
It is agreed that in the event of any cancellation by City in accordance with thissection, Contractor shall be paid the actual costs of the work done prior to thetime of cancellation. In computing such costs, building permit fees, insuranceand such financing and title charges as are not refundable shall be included;provided that supervision time, office overhead and profit shall not be included insuch costs to be refunded to Contractor by reason of such cancellation.
12. Acceptance by City. No payment hereunder nor occupancy of saidimprovements or any part thereof shall be construed as an acceptance of anywork done up to the time of such payment or occupancy, but the entire work is tobe subject to the inspection and approval of City at the time when Contractornotifies City that the Project has been completed.
13. Notice of Completion; Contractor's Release. City agrees to sign and file ofrecord within five (5) days after the substantial completion and acceptance of theProject a Notice of Completion. If City fails to so record the Notice of Completionwithin said five (5) day period, City hereby appoints Contractor as City's agent tosign and record such Notice of Completion on City's behalf. This agency isirrevocable and is an agency coupled with an interest. Contractor agrees uponreceipt of final payment to release the Project and property from any and allclaims that may have accrued against the same by reason of said construction.If Contractor faithfully performs the obligations of this Contract on its part to beperformed, it shall have the right to refuse to permit occupancy of any structuresby City or City's assignees or agents until the Notice of Completion has beenrecorded and Contractor has received the payment, if any, due hereunder atcompletion of construction, less such amounts as may be retained pursuant tomutual Contract of City and Contractor under the provisions of Paragraph 3above.
14. Indemnification. Contractor agrees to indemnify and hold harmless the City,its officers, employees, insurers, and self-insurance pool, from and against allliability, claims, and demands, on account of injury, loss, or damage, includingwithout 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 extentand for an amount represented by the degree or percentage such injury, loss, ordamage is caused in whole or in part by, the wrongful act, omission, error,contractor error, mistake, negligence, or other fault of the Contractor, anysubcontractor of the Contractor, or any officer, employee, representative, or agentof the Contractor or of any subcontractor of the Contractor, or which arises out of
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any workmen's compensation claim of any employee of the Contractor or of anyemployee of any subcontractor of the Contractor. The Contractor agrees toinvestigate, handle, respond to, and to provide defense for and defend against, anysuch liability, claims or demands at the sole expense of the Contractor, If it isdetermined by the final judgment of a court of competent jurisdiction that suchinjury, loss, or damage was caused in whole or in part by the act, omission, or otherfault of the City, its officers, or its employees, the City shall reimburse theContractor for the portion of the judgment attributable to such act, omission, orother fault of the City, its officers, or employees.
Further, to the extent authorized under Colorado law, the City shall indemnify,defend and hold harmless the Contractor to the extent that any claims, damages,or losses are determined to have been caused by the negligent acts or omissionsof the City, its officers, employees, or agents. The parties hereto understand andagree that the City is relying on and does not waive or intend to waive by thisAgreement, any provision, including the monetary limitations or other rights,immunities, and protections provided by the Colorado Governmental ImmunityAct, Colo. Rev. Stat. section 24-10-101, et. seq., as amended from time to time.
15. Insurance.
a. The Contractor agrees to procure and maintain, at its own expense, a policyor policies of insurance sufficient to insure against all liability, claims,demands, and other obligations assumed by the Contractor pursuant to theterms of this Contract. Such insurance shall be in addition to any otherinsurance requirements imposed by this contract or by law. The Contractorshall not be relieved of any liability, claims, demands, or other obligationsassumed pursuant to the terms of this Contract by reason of its failure toprocure or maintain insurance, or by reason of its failure to procure ormaintain insurance in sufficient amounts, duration, or types.
b. Contractor shall procure and maintain and shall cause any subcontractor ofthe Contractor to procure and maintain, the minimum insurance coverageslisted in the Supplemental Conditions. If the Supplemental Conditions do notset forth minimum insurance coverage, then the minimum coverage shall beas set forth below. Such coverage shall be procured and maintained withforms and insurance acceptable to City. All coverage shall be continuouslymaintained to cover all liability, claims, demands, and other obligationsassumed by the Contractor pursuant to the terms of this Contract. In thecase of any claims-made policy, the necessary retroactive dates andextended reporting periods shall be procured to maintain such continuouscoverage.
1.Worker's Compensation insurance to cover obligationsimposed by applicable laws for any employee engaged in the performanceof work under this contract, and Employers' Liability insurance with minimum
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limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONEMILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONEMILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence ofqualified self-insured status may be substituted for the Worker'sCompensation requirements of this paragraph.
2.Commercial General Liability insurance with minimumcombined single limits of TWO MILLION DOLLARS ($2,000,000.00) eachoccurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate.The policy shall be applicable to all premises and operations. The policyshall include coverage for bodily injury, broad form property damage(including completed operations), personal injury (including coverage forcontractual and employee acts), blanket contractual, independentcontractors, products, and completed operations. The policy shall includecoverage for explosion, collapse, and underground hazards. The policy shallcontain a severability of interests provision.
3.Comprehensive Automobile Liability insurance with minimumcombined single limits for bodily injury and property damage of not less thanONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWOMILLION DOLLARS ($2,000,000.00) aggregate with respect to eachContractor's owned, hired and non-owned vehicles assigned to or used inperformance of the services. The policy shall contain a severability ofinterests provision. If the Contractor has no owned automobiles, therequirements of this Section shall be met by each employee of theContractor providing services to the City under this contract.
c. Except for any Contractor Liability insurance that may be required, the policyor policies required above shall be endorsed to include the City of Aspenand the City of Aspen's officers and employees as additional insureds. Everypolicy required above shall be primary insurance, and any insurance carriedby the City of Aspen, its officers or employees, or carried by or providedthrough any insurance pool of the City of Aspen, shall be excess and notcontributory insurance to that provided by Contractor. No additional insuredendorsement to the policy required above shall contain any exclusion forbodily injury or property damage arising from completed operations. TheContractor shall be solely responsible for any deductible losses under anypolicy required above.
d. The certificate of insurance provided to the City of Aspen shall be completedby the Contractor's insurance agent as evidence that policies providing therequired coverage, conditions, and minimum limits are in full force andeffect, and shall be reviewed and approved by the City of Aspen prior tocommencement of the contract. No other form of certificate shall be used.The certificate shall identify this contract and shall provide that the coverageafforded under the policies shall not be canceled, terminated or materially
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changed until at least thirty (30) days prior written notice has been given tothe City of Aspen.
e. In addition, these Certificates of Insurance shall contain the followingclauses:
Underwriters and issuers shall have no right of recovery or subrogationagainst the City of Aspen, it being the intention of the parties that theinsurance policies so effected shall protect all parties and be primarycoverage for any and all losses covered by the above-described insurance.To the extent that the City's insurer(s) may become liable for secondary orexcess coverage, the City's underwriters and insurers shall have no right ofrecovery or subrogation against the Contractor.
The insurance companies issuing the policy or policies shall have norecourse against the City of Aspen for payment of any premiums or forassessments under any form of policy.
Any and all deductibles in the above-described insurance policies shall beassumed by and be for the amount of, and at the sole risk of the Proposer.
Location of operations shall be: "All operations and locations at which workin connection with the referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to theArchitect at least fifteen (15) days prior to a policy's expiration date exceptfor any policy expiring on the expiration date of this Contract or thereafter.
f. Failure on the part of the Contractor to procure or maintain policies providingthe required coverage, conditions, and minimum limits shall constitute amaterial breach of contract upon which City may immediately terminate thiscontract, or at its discretion City may procure or renew any such policy orany extended reporting period thereto and may pay any and all premiums inconnection therewith. All moneys so paid by City shall be repaid byContractor to City upon demand, or City may offset the cost of the premiumsagainst moneys due to Contractor from City.
g. City reserves the right to request and receive a certified copy of any policyand any endorsement thereto.
16. Termination by the Owner for Convenience.
a. In addition to the provisions of termination set forth in the GeneralConditions, the Owner may, at any time, terminate the Contract for theOwner’s convenience and without cause.b.Upon receipt of notice from the Owner of such termination for the Owner’sconvenience, the Contractor shall(1) cease operations as directed by the Owner in the notice.
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(2) take actions necessary, or that the Owner may direct, for theprotection and preservation of the Work.and(3) except for Work directed to be performed prior to the effective date oftermination stated in the notice, terminate all existing subcontracts andpurchase orders and enter into no further subcontracts and purchaseorders.c.In case of such termination for the Owner’s convenience, the Owner shallpay the Contractor for Work properly executed; costs incurred by reasonof the termination, including costs attributable to termination ofSubcontracts; a the termination fee of 10% of remaining value, if any, setforth in the Agreement.
17. Damage or Destruction. If the Project is destroyed or damaged by anyaccident or disaster, such as fire, storm, flood, landslide, earthquake,subsidence, theft or vandalism, which could not reasonably be anticipated andfor which the Contractor could not have mitigated by reasonable preventativemeasures, any work done by Contractor in rebuilding or restoring the work shallbe paid for by City as extra work under Paragraph 8 above. If, however, theestimated cost of replacement of the work already completed by Contractorexceeds twenty (20%) percent of the insured sum set forth in Paragraph 15above, City shall have the option to cancel this Contract and, in such event,Contractor shall be paid the reasonable cost, including net profit to Contractor inthe amount of ten fifteen (15%) percent, of all work performed by Contractorbefore such cancellation.
18. Notices.Any notice which any party is required or may desire to give toany other party shall be in writing and may be personally delivered or given ormade by United States mail addressed as follows:
To City:City of Aspen
Simon Nicol
427 Rio Grande Place
Aspen, Colorado 81611
To Contractor:
American West Construction, LLC275 E. 64th AvenueDenver, CO 80221US
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subject to the right of either party to designate a different address for itself bynotice similarly given. Any notice so given, delivered, or made by United Statesmail, shall be deemed to have been given the same day as transmitted bytelecopier or delivered personally, one day after consignment to overnight courierservice such as Federal Express, or two days after the deposit in the UnitedStates mail as registered or certified matter, addressed as above provided, withpostage thereon fully prepaid.
19. Inspections; Warranties.
a. Contractor shall conduct an inspection of the Project prior to final acceptanceof the work with City.b. Contractor shall schedule and cause to be performed all corrective activitiesnecessitated as a result of any deficiencies noted on the final inspection priorto acceptance. The costs of material and/or labor incurred in connection withsuch corrective activities shall not be reimbursed or otherwise paid toContractor.c. Contractor shall obtain, at City's expense, third party warranty contracts (to beentered into by City).
20. Licensure of Contractor.Contractor hereby represents and warrants toCity that Contractor is duly licensed as a general contractor in the State ofColorado, and if applicable, in the County of Pitkin.
21. Independent Contractor. It is expressly acknowledged and understood bythe parties that nothing in this Contract shall result in or be construed asestablishing an employment relationship. The Contractor shall be, and shall performas, an independent the Contractor who agrees to use his best efforts to provide theWork on behalf of the City. No agent, employee, or servant of the Contractor shallbe, or shall be deemed to be, the employee, agent, or servant of the City. The Cityis interested only in the results obtained under the Contract Documents. Themanner and means of conducting the Work are under the sole control of theContractor. None of the benefits provided by the City to its employees including, butnot limited to, worker's compensation insurance and unemployment insurance, areavailable from the City to the employees, agents, or servants of the Contractor. TheContractor shall be solely and entirely responsible for its acts and for the acts of theContractor's agents, employees, servants, and subcontractors during theperformance of the Contract.THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BEENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BEOBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYSEARNED PURSUANT TO THE CONTRACT.
22. Assignment. This Contract is for the personal services of Contractor.Contractor shall not transfer or assign this Contract or its rights andresponsibilities under this Contract nor subcontract to others its rights and
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responsibilities under this Contract, and any attempt to do so shall be void andconstitute a material breach of this Contract.
23. Successors and Assigns. Subject to paragraph 22, above, this Contractshall be binding on, and shall inure to the benefit of, City and Contractor and theirrespective successors and assigns.
24. Entire Contract. This Contract contains the entire Contract between Cityand Contractor respecting the matters set forth herein and supersedes all priorContracts between City and Contractor respecting such matters.
25. Waivers. No waiver by City or Contractor of any default by the other or ofany event, circumstance or condition permitting either to terminate this Contractshall constitute a waiver of any other default or other such event, circumstance orcondition, whether of the same or of any other nature or type and whetherpreceding, concurrent or succeeding; and no failure or delay by either City orContractor to exercise any right arising by reason of any default by the other shallprevent the exercise of such right while the defaulting party continues in default,and no waiver of any default shall operate as a waiver of any other default or asa modification of this Contract.
26. Remedies Non-Exclusive. No remedy conferred on either party to thisContract shall be exclusive of any other remedy herein or by law provided orpermitted, but each shall be cumulative and shall be in addition to every otherremedy.
27. Governing Law. This Contract shall be governed by, and construed inaccordance with, the laws of the State of Colorado. Venue for any action at lawor equity shall be Pitkin County.
28. Attorneys' Fees. If either party to this Contract shall institute any action orproceeding to enforce any right, remedy or provision contained in this Contract,the prevailing party in such action shall be entitled to receive its attorneys' fees inconnection with such action from the non-prevailing party.
29. Severability. Any provision in this Contract, which is held to beinoperative, unenforceable or invalid shall be inoperative, unenforceable orinvalid without affecting the remaining provisions, and to this end the provisionsof this Contract are declared to be severable.
30. Nondiscrimination. During the performance of this Contract, the Contractoragrees as follows: The Contractor will not discriminate against any employee orapplicant for employment because of race, color, religion, sex, national origin, age,marital status, sexual orientation, being handicapped, a disadvantaged person, or adisabled or Vietnam era veteran. The Contractor will take affirmative action toinsure that applicants are employed, and that employees are treated duringemployment without regard to their race, color, religion, sex, national origin, sex,age, sexual orientation, handicapped, a disadvantaged person, or a disabled or
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Vietnam era veteran. Such action shall include, but not be limited to, the following:employment, upgrading, demotion or transfer; recruitment or recruitmentadvertising; layoff or termination; rates of pay or other forms of compensation; andselection for training, including apprenticeship. The Contractor agrees to post inconspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause.
Any business that enters into a contract for goods or services with the City ofAspen or any of its boards, agencies, or departments shall:a. Implement an employment nondiscrimination policy prohibitingdiscrimination in hiring, discharging, promoting or demoting,matters of compensation, or any other employment-related decisionor benefit on account of actual or perceived race, color, religion,national origin, gender, physical or mental disability, age, militarystatus, sexual orientation, gender identity, gender expression, ormarital or familial status.b. Not discriminate in the performance of the contract on account ofactual or perceived race, color, religion, national origin, gender,physical or mental disability, age, military status, sexual orientation,gender identity, gender expression, or marital or familial status.
The foregoing provisions shall be incorporated in all subcontracts hereunder.
31. Prohibited Interest. No member, officer, or employee of the City of Aspen,shall have any interest, direct or indirect, in this Contract or the proceeds thereof.
32. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict ofInterest:
a. The Contractor warrants that no person or selling agency has beenemployed or retained to solicit or secure this Contract upon a Contract orunderstanding for a commission, percentage, brokerage, or contingency fee,excepting bona fide employees or bona fide established commercial or sellingagencies maintained by the Contractor for the purpose of securing business.
b. The Contractor agrees not to give any employee or former employee of theCity a gratuity or any offer of employment in connection with any decision, approval,disapproval, recommendation, preparation of any part of a program requirement ora purchase request, influencing the content of any specification or procurementstandard, rendering of advice, investigation, auditing, or in any other advisorycapacity in any proceeding or application, request for ruling, determination, claim orcontroversy, or other particular matter, pertaining to this Contract or to anysolicitation or proposal therefor.
c. It shall be a material breach of the Contract for any payment, gratuity, oroffer of employment to be made by or on behalf of a Subcontractor under a contract
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to the prime Contractor or higher tier Subcontractor or any person associatedtherewith, as an inducement for the award of a Subcontract or order. TheContractor is prohibited from inducing, by any means, any person employed underthis Contract to give up any part of the compensation to which he/she is otherwiseentitled. The Contractor shall comply with all applicable local, state and federal"anti-kickback" statutes or regulations.
33. Payments Subject to Annual Appropriations. If the contract awardedextends beyond the calendar year, nothing herein shall be construed as anobligation by the City beyond any amounts that may be, from time to time,appropriated by the City on an annual basis. It is understood that payment underany contract is conditional upon annual appropriation of funds by said governingbody and that before providing services, the Contractor, if it so requests, will beadvised as to the status of funds appropriated for services or materials and shallnot be obligated to provide services or materials for which funds have not beenappropriate.
34. Waiver and Amendment. It is agreed that neither this agreement nor anyof its terms, provisions, conditions, representations, or covenants can bemodified, changed, terminated, or amended, waived, superseded or extendedexcept by appropriate written instrument fully executed by the parties.
If any of the provisions of this agreement shall be held invalid, illegal, orunenforceable it shall not affect or impair the validity, legality, or enforceability ofany other provision.
35. Electronic Signatures and Electronic Records. This Agreement and anyamendments hereto may be executed in several counterparts, each of whichshall be deemed an original, and all of which together shall constitute oneagreement binding on the Parties, notwithstanding the possible event that allParties may not have signed the same counterpart. Furthermore, each Partyconsents to the use of electronic signatures by either Party. The Scope of Work,and any other documents requiring a signature hereunder, may be signedelectronically in the manner agreed to by the Parties. The Parties agree not todeny the legal effect or enforceability of the Agreement solely because it is inelectronic form or because an electronic record was used in its formation. TheParties agree not to object to the admissibility of the Agreement in the form of anelectronic record, or a paper copy of an electronic documents, or a paper copy ofa document bearing an electronic signature, on the ground that it is an electronicrecord or electronic signature or that it is not in its original form or is not anoriginal.
36. Additional Provisions. In addition to those provisions set forth herein andin the Contract Documents, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
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[X] See attached Exhibit A (Stormpipe Lining Project - AWC R2Vendor revised Fee Details and Schedule)
[X] See attached General Conditions.
[X] See attached Special Conditions (Exhibit D from RFP)
[X] Request for Proposal 2025-063.
[X] See attached Bid Proposal 2025-063 - Stormpipe LiningProject - AWC [REDACTED]
37. Consequential Damages; Limitation of Liability.Notwithstanding anythingto the contrary in this Agreement, including without limitation Section 14(Indemnification) and any provisions regarding liquidated damages, neither Partyshall be liable to the other for incidental, indirect, special, punitive, orconsequential damages, including without limitation lost profits or loss ofbusiness opportunity, whether arising in contract, tort (including negligence),strict liability, or otherwise.
Except as otherwise required by law, the Contractor’s total aggregate liability tothe City for any and all claims arising out of or related to this Agreement shall notexceed the total Contract Price.
38. Tariff Clause.If, after the date of this Agreement, any new or increasedtariffs, duties, or other government-imposed costs on materials used in the workbecomes effective, the Contract Price shall be adjusted to reflect the actualincreased cost to the Contractor. The Contractor shall promptly notify the City ofany such cost impact. Failure to agree on a price adjustment shall not relieve theCity’s obligation to pay the increased cost, and the Contractor shall be entitled toan extension of time if such tariffs result in material shortages or delays and/orContractor may permanently suspend performance because of a delay or theinability of the parties to agree upon an adjusted price.
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IN WITNESS WHEREOF,the parties agree hereto have executed this Contractfor Construction on the date first above written.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
_____________________________ _______________________________[Signature] [Signature]
By: __________________________ By: ____________________________
Title: _________________________ Title: ___________________________
Date: _________________________ Date: ___________________________
_______________________________
City Attorney’s Office
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Vice President
6/17/2025 | 3:43:09 PM MDT
BRIAN SCHRAMEYER
24257
Request for Proposals
2025-063
Stormpipe Lining Project
Due Date: 2:00 PM, Tuesday April 1st, 2025
427 Rio Grande Place
Aspen, CO 81611
(970)920-5059
Aspen, CO | Official Website
25
City of Aspen
Request for Proposals
REQUEST FOR PROPOSALS
Sealed proposals will be received by the City of Aspen Purchasing Department through the Bidnet
Direct website, www.bidnetdirect.com, until 2:00 PM, Tuesday April 1st , 2025, at which time the
proposals will be opened and reviewed, for the following City of Aspen project:
2025-063 Stormpipe Lining Project
The project will include but is not limited to:
Rehabilitation through styrene-free, cured-in-place pipe (CIPP) or spray-in-place pipe (SIPP)
lining of approximately 1,023 feet of Mill St stormwater pipes, varying in material and
diameter:
61’ of 36” RCP
432’ of 48” RCP
303’ of 48” CMP
227’ of 60” CMP
Additionally, the project includes two potential locations for additional work:
1. 873’ of 24” CMP at Koch Park
2. 303’ of 24” CMP at S Aspen Street
Complete proposal packages are available to download or from www.bidnetdirect.com Vendors
must be registered to view the bid packages. There is no charge to register. Call 1-800-835-4603
if you need assistance registering.
A pre-proposal conference will be held from 10am-11am Thursday March 13th, 2025, at 427 Rio
Grande Place, Aspen, CO 81611 in the East Maroon Pass Conference Room on the 2nd floor or
online through Microsoft Teams. Attendance at the pre-proposal conference is optional. All in-
person attendants are welcome to join a field visit with the project manager for better information
on access points and site layout.
Microsoft Teams Link:
Join the meeting now
Meeting ID: 277 050 025 977
Passcode: y2HT6gy2
To submit, an electronic copy of the Proposal as a PDF or Word file must be uploaded to the
Bidnet Direct website, www.bidnetdirect.com. The file name must include the City’s project number
and offeror’s name.
The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the
Proposal which is in the City's best interest. The City further reserves the right, in the best interests
of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all
Proposals submitted.
Non-Discrimination Policy
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:
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City of Aspen
Request for Proposals
(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.
Diversity and Inclusion
The City shall acquire its goods and services in a manner that integrates fiscal responsibility,
social equity, women and minority business opportunity, and environmental stewardship.
Bidders should provide any additional information and or certifications describing the above.
Sustainability Considerations
One of the City of Aspen’s values is stewardship, and the City has taken significant strides in
embedding sustainable practices into our operations. In 2022, Aspen City Council set new
greenhouse gas reduction goals (science-based targets) of 63% by 2030 and 2050. While not a
requirement for this contract (unless otherwise stated in the scope of work or criteria list), the
City encourages all vendors to share in their proposals how their products and services are
supporting the City’s climate initiatives and goals. For more information on the City’s
sustainability efforts and the Aspen Sustainability Action Plan, visit www.aspen.gov/climate.
Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of
the documents that are submitted to the City of Aspen may be deemed public records subject to
examination and inspection by third parties. The City of Aspen reserves the right, at its sole
discretion, to release for inspection or copying any document, plan, specification, proposal or other
writing submitted pursuant to this request. Candidates should identify any portion of their proposals
which they consider confidential.
By participating in the City’s procurement process, you are agreeing to the terms and conditions of
the procurement process and the legal parameters of doing business with the City without change.
Discussion may be conducted with responsible Offerors who submit Proposals determined to be
reasonably susceptible to be selected for award for purpose of clarification to assure full
understanding of, and responsiveness to the solicitation requirements.
In addition to price, the criteria set forth in the Instruction to Offerors and any specific criteria listed
below, may be considered in judging which Proposal is in the best interests of the City:
Firm Experience 15%, Public Awareness 5%, Team Experience 15%, Project Understanding 35%,
and Costs 30%.
______________________________________________________________________
BY ORDER OF THE CITY OF ASPEN, COLORADO
Asal Vojdani, Purchasing
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City of Aspen
Request for Proposals
Table of Contents
1.0 Introduction......................................................................................................................................... 5
2.0 RFP Process ....................................................................................................................................... 5
2.1 Communication .............................................................................................................................. 5
2.2 Pre-Proposal Meeting ................................................................................................................... 5
2.3 Proposal Submission ................................................................................................................... 5
2.4 Schedule .......................................................................................................................................... 6
2.5 Selection Criteria ........................................................................................................................... 6
3.0 Scope of Work .................................................................................................................................... 7
4.0 Proposal Format .............................................................................................................................. 17
5.0 Legal ................................................................................................................................................... 18
6.0 Bonds and Retainage ..................................................................................................................... 18
7.0 Exhibits……………………………………………………………………………………………………………………………………….….1
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City of Aspen
Request for Proposals
1.0 Introduction
The purpose of this Request for Proposals (RFP) is to solicit professional styrene-free, CIPP or
SIPP lining services for the structural rehabilitation of stormwater pipe infrastructure in the City
of Aspen along Mill Street and nearby locations. This project aims to enhance the functionality
and longevity of stormwater systems while prioritizing environmental protection, especially
regarding the direct discharge of stormwater to the river. The work involves lining approximately
1,023 feet of stormwater pipes of varying materials and diameters on Mill St. Two potential
additional locations are included addressing pipe rehabilitation at adjacent sites Koch Park and
Aspen St. Due to the large variety of technologies and solutions for this project, specifications
were intentionally left vague for this RFP. It will be up to the contractor to provide appropriate
material selection that will provide the best solution for the project and adhere to all applicable
standards. Contractors which adhere to high standards and have in-depth industry knowledge of
best practices will be given appropriate consideration in the selection process. Proposals are
to include a written narrative of the approach to project. We would like to make clear that
this RFP is not only a work order, but it is expected of the contractor to provide a thorough
review of the inspection information provided and recommendations for the best ways to
proceed. Proposals which include project specific recommendations from experienced
professionals are likely to be considered. This project is integral to safeguarding water quality
and maintaining Aspen's infrastructure resilience. Contractors are encouraged to propose
innovative and efficient solutions that align with the City’s commitment to sustainability and
environmental stewardship. Due to the potential risk of environmental contamination, styrene-
based solutions will not be considered. Prior to ordering any materials, a pre-inspection will be
required to confirm proper sizing and pipe material for all sections. COA Engineering has
provided the information to the best of its knowledge and available data, but an inspection will
be required to verify all conditions. The required fill station for water requirements is
approximately 4.2 (+/-.1) miles from all sites. Please use 4.2 miles for all bid calculations.
2.0 RFP Process
2.1 Communication
Questions must be posted on the Bidnet Direct website, www.bidnetdirect.com. Answers are
posted online for all Offerors to review and consider. It is the Vendor’s responsibility to check
the website for Q&As, addendums, and other important information.
Vendors may contact Procurement at procurement@aspen.gov or 720-589-4943 for questions
regarding the procurement process or uploading proposals.
2.2 Pre-Proposal Meeting
A pre-proposal conference will be held from 10am-11am Thursday March 13th, 2025, at 427 Rio
Grande Place, Aspen, CO 81611 in the East Maroon Pass Conference Room on the 2nd floor or
online through Microsoft Teams. Attendance at the pre-proposal conference is optional. All in-
person attendants are welcome to join a field visit with the project manager for better information
on access points and site layout.
Microsoft Teams Link:
Join the meeting now
Meeting ID: 277 050 025 977
Passcode: y2HT6gy2
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City of Aspen
Request for Proposals
2.3 Proposal Submission
Electronic submission is to be uploaded on the Bidnet Direct website, www.bidnetdirect.com. The
electronic submission must be compiled into a single pdf or Word document. The name of the
document must contain the City project number and firm’s name.
The deadline for submitting responses to this RFP is 2:00pm, Tuesday March 25th, 2025.
2.4 Schedule
The proposal, evaluation and selection schedule are as follows:
03/13/2025: Pre-Proposal Meeting 10am-11am
03/27/2025: Final Questions Due
04/01/2025: Proposal packages due by 2:00PM
2.5 Selection Criteria
The criteria for selection shall include but may not be limited to the following:
Firm Experience: 15%
Experience with projects outside of City of Aspen
Experience on other City of Aspen projects
Public Awareness: 15%
Sensitivity to Community
Sensitivity to the environment
Team Experience: 10%
Team organization
Team experience
Team experience
Project understanding: 30%
Understanding of Project Scope
Perception of site opportunities
Schedule/Approach of project
Costs: 30%
The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the
Proposal which is in the City's best interest. The City further reserves the right, in the best interests
of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all
Proposals submitted.
Discussion may be conducted with responsible offerors who submit Proposals determined to be
reasonably susceptible to be selected for award for purpose of clarification to assure full
understanding of, and responsiveness to the solicitation requirements.
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City of Aspen
Request for Proposals
3.0 Scope of Work
Video files and screenshots from recent inspections of each pipe section for all areas are
available. Additionally, Google Maps Street View screenshots of each access point have
been taken.
Pipe Lining Inspection Videos
Access Point Street View Photos
The following map shows the full project scope within the City of Aspen context, including
alternate bids and their proximity to one another:
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City of Aspen
Request for Proposals
Primary Location: Mill Street
Pipe Material and Diameter: 36”–48” RCP and 48”–60” CMP
Total Length: 1,023 linear feet
Rehabilitation Method: CIPP lining, including pre- and post-installation CCTV
inspections.
Site Preparation: Pre-cleaning and pre-inspection, dewatering and sediment removal.
Restoration: Full site restoration post-construction.
The following table and map contain information on each section of the Mill St pipe according to
the available GIS data surveyed fall 2024.
From MH ID F08-MH-140 F08-MH-145 F08-MH-150 F08-MH-160 F08-MH-165 F07-MH-15 F07-MH-35 F07-MH-40
To MH ID F08-MH-145 F08-MH-150 F08-MH-160 F08-MH-165 F07-MH-15 F07-MH-35 F07-MH-40 F07-OF-15
Diameter 48" 48"48"48"48"60"60"36"
Material RCP RCP RCP CMP CMP CMP CMP RCP
PACP Quick Rating 4121 0 0 0 3100 0 0 0
Overall Pipe Index 3 0 0 0 3 0 0 0
Overall Pipe Rating 6 0 0 0 3 0 0 0
Surveyed Pipe Length 255'69'108'71'232'156'71'61'
Mill St
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Request for Proposals
Groundwater Depth
For the purpose of consistent bidding, please assume no groundwater will be
encountered at this location. Actual groundwater depths will be investigated prior to
construction, however, are not available at this time.
Manhole Depths
For the purpose of consistent bidding, please assume an average manhole depth of 12’
at this location. Actual manhole depths will be investigated prior to construction,
however, are not available at this time.
Traffic Control and Access Management for Mill Street
Due to the location and functional classification of Mill Street as a primary collector road, strict
traffic control measures will be required to minimize disruptions, ensure public safety, and
maintain efficient traffic flow throughout the duration of the project. This location will be a
particularly critical area for traffic control.
Mill St Considerations:
Limited Work Area and Access Constraints
No On Street Parking: Contractors must plan for staging, equipment, and material
storage offsite, as no on-street parking is available on Mill Street.
Limited Shoulder Space: All equipment, traffic control devices, and personnel must be
contained within the existing roadway footprint without encroaching onto adjacent
properties.
Traffic Flow Maintenance
No Full Road Closures: Mill Street cannot be fully closed at any time during construction.
The contractor must ensure at least one lane remains open at all times through phased
lane shifts or alternating traffic control. Note that this area will need to accommodate the
existing bus route which is driven multiple times per hour by incoming buses.
Lane Reduction Strategy: The contractor shall propose a method for reducing the
roadway to a single travel lane where necessary, with appropriate flagging or temporary
signals.
Emergency Vehicle Access: A minimum 10-foot clear travel lane must be maintained at
all times for emergency vehicle access.
Work Hours and Restrictions
Peak Traffic Restrictions:
Standard Work Hours: 7:30am-5:30pm Monday-Friday, 9am-5pm Saturday
Weekend and Night Work Considerations: Work outside standard hours may be
permitted upon request to reduce weekday traffic impacts.
Pedestrian and Bicycle Accommodations
Pedestrian Detours: If work requires sidewalk encroachment, ADA-compliant pedestrian
detours must be implemented with clear signage.
Bicycle Lane Disruptions: If bike lanes are impacted, proper accommodation must be
provided, such as temporary shared lane markings or alternate routing.
All traffic control measures must comply with the Manual on Uniform Traffic Control Devices
(MUTCD) and the City of Aspen Engineering Department's guidelines. Contractors must ensure
that traffic control personnel are certified flaggers or trained professionals capable of
maintaining safe and efficient roadway operations.
Google Street View images for each access point are available as part of the SharePoint
database. Access Point Street View Photos
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City of Aspen
Request for Proposals
Mill Street Dewatering Requirements
Overview of Dewatering Needs
Mill Street’s stormwater pipe functions as a primary collector for multiple drainage areas
throughout the City of Aspen. As a result, base flow conditions are expected year-round,
regardless of seasonal variations. Contractors must account for continuous water flow
management when planning their rehabilitation approach.
Due to the presence of base flow, a comprehensive dewatering plan is required to ensure a dry
and stable work environment for proper CIPP lining installation. Dewatering operations must be
designed to minimize disruption, prevent environmental contamination, and comply with
regulatory standards.
Expected Flow Conditions
Base Flow Volume: Year-round base flow is expected to range between 1-3 cubic feet
per second (CFS).
Spring Runoff Considerations: During peak runoff season, flow rates may increase to
5-10 CFS, requiring additional dewatering capacity.
Variability: Flow rates may vary depending on upstream drainage activity, recent
precipitation, and snowmelt contributions.
Contractor Dewatering Plan Requirements
Contractors must provide a detailed dewatering plan as part of their proposal, addressing the
following key elements:
Equipment and Methods
Pump Type and Capacity: Specify pump type and expected capacity to handle base
flow and peak flow conditions.
Bypass Piping and Setup: Describe the method for diverting flow around the work
zone to maintain continuous drainage functionality.
Filtration and Treatment Measures: Include any required sediment filters to ensure
compliance with discharge regulations.
Cost Breakdown and Contingencies
Contractors must provide a line-item cost breakdown for dewatering operations, including:
Equipment mobilization and setup costs (LS)
Labor costs for dewatering system operation (LS)
Water treatment and filtration costs (LS or per gallon processed)
Additionally, contractors should outline contingency plans and additional costs for handling
unexpected increases in water flow due to:
Heavy rainfall during construction.
Groundwater intrusion at pipe joints or cracks.
Regulatory and Compliance Considerations
Any discharge into the Roaring Fork River or adjacent stormwater systems must meet all
applicable water quality standards.
Final Inspection and Cleanup
If dewatering is performed, the contractor must remove all temporary equipment and
restore the site to its original condition.
Any sediment or debris collected during the dewatering process must be properly
disposed of to prevent clogging or environmental damage.
34
City of Aspen
Request for Proposals
Potential Additional Locations:
1. Koch Park
o Pipe Diameter: 24” CMP
o Length: 873 linear feet
o Scope: Includes the same rehabilitation, site preparation, and restoration
standards as the base bid.
The following table and map contain information on each section of the Koch Park area
according to the available GIS data surveyed fall 2024.
From MH ID E09-MH-75 E09-MH-70 E09-MH-55 E09-MH-45 E09-MH-40
To MH ID E09-MH-80 E09-MH-55 E09-MH-45 E09-MH-40 E09-MH-65
Height 24" 24" 24" 24" 24"
Material CMP CMP CMP CMP CMP
PACP Quick Rating 5C3A 5131 0 0 5100
Overall Pipe Index 3.70000005 4 0 0 5
Overall Pipe Rating 186 8 0 0 5
Surveyed Pipe Length 286' 169' 146' 49' 223'
Koch Park
35
City of Aspen
Request for Proposals
Groundwater Depth
For the purpose of consistent bidding, please assume no groundwater will be
encountered at this location. Actual groundwater depths will be investigated prior to
construction, however, are not available at this time.
Manhole Depths
For the purpose of consistent bidding, please assume an average manhole depth of 10’
at this location. Actual manhole depths will be investigated prior to construction,
however, are not available at this time.
Traffic Control Requirements for Koch Park Section
The Koch Park section of the project presents fewer traffic management challenges compared
to Mill Street, as it is located in a lower traffic area with larger intersections and more available
space for staging. However, contractors will still be required to implement a Traffic Control Plan
(TCP) to ensure public and worker safety, maintain access, and minimize disruptions to local
businesses and residents.
Traffic Control Expectations
Reduced Traffic Volume: Unlike Mill Street, this section experiences lower traffic
volumes, allowing for greater flexibility in lane closures and detours. Note that this area
will need to accommodate the existing bus route which is driven multiple times per hour
by incoming buses.
Intersection Flexibility: The larger intersections in the area provide better
maneuverability for detours and temporary traffic shifts.
On-Street Parking Reservations: Contractors may request on-street parking
reservations for staging equipment and materials through the City’s Project Manager.
Lane Closures and Access Management
Single Lane Closures Allowed: Full road closures are not necessary but may be
permitted for short durations upon City approval.
Alternating Traffic Flow: Where lane closures are required, the contractor may use
flaggers or temporary signals to allow alternating one-way traffic if needed.
Driveway Access: Any temporary obstructions to private driveways must be
coordinated well in advance with the project manager to ensure proper notification is
sent to property owners.
Work Hours and Restrictions
Work Allowed During Business Hours: Unlike Mill Street, work may be performed
during standard business hours without peak hour restrictions. Monday-Friday, 7:30 AM
– 5:30 PM, 9am-5pm Saturday.
Weekend Work Permitted with Approval: If the contractor wishes to work on
weekends, prior approval from the City’s Project Manager is required.
Pedestrian and Bicycle Accommodations
Sidewalk Detours (If Needed): If sidewalk closures are required, an ADA-compliant
pedestrian detour must be established.
Bicycle and Pedestrian Accommodations: Proper detours or signage must be
provided to safely direct cyclists and pedestrians through or around the work zone.
All traffic control measures must comply with the Manual on Uniform Traffic Control Devices
(MUTCD) and the City of Aspen Engineering Department's guidelines. Contractors must ensure
that traffic control personnel are certified flaggers or trained professionals capable of
maintaining safe and efficient roadway operations.
Google Street View images for each access point are available as part of the SharePoint
database. Access Point Street View Photos
36
City of Aspen
Request for Proposals
Dewatering Requirements for Koch Park Section
The Koch Park section is not expected to experience base flow conditions under normal
circumstances. However, contractors must plan for potential dewatering needs in the event of:
Work occurring during peak flow season (spring runoff).
Unexpected rainfall events during construction.
Since the presence of water in this section is intermittent and seasonal, dewatering measures
will be less intensive than those required for Mill Street. However, contractors must st ill outline
contingency dewatering procedures to ensure a dry and stable work environment for CIPP
installation if necessary.
Dewatering Plan Submission
Contractors must include a contingency dewatering plan in their proposal, detailing:
Proposed equipment and setup for handling temporary stormwater or runoff.
Estimated pumping capacity based on projected seasonal flow rates.
Filtration and discharge methods to ensure compliance with environmental regulations.
If dewatering is not required, the contractor must confirm in their proposal that the site is dry and
does not require flow bypass or removal.
Expected Flow Conditions
Dry Conditions: The Koch Park section will likely remain dry unless work coincides with
a heavy rainfall event or occurs in spring runoff season.
Peak Flow Season (Spring Runoff): If work occurs between April and July, potential
intermittent flows may require temporary bypass pumping of 1-3 CFS.
Contractor Responsibilities for Dewatering (If Needed)
If dewatering becomes necessary, the contractor must:
Deploy temporary pumps and bypass piping to maintain a dry worksite.
Filter discharge water before releasing it into the stormwater system or an approved
outfall location.
Ensure sediment control measures (e.g., dewatering bags, silt fences, or settling tanks)
are in place to prevent pollution.
Comply with all local, state, and federal water quality regulations.
Cost Breakdown for Dewatering (If Required)
Since dewatering may not be required for this section, contractors must provide:
A base bid assuming dry conditions.
A separate line item for dewatering costs, only applicable if conditions require flow
management.
Estimated hourly/daily rates for pump rental, labor, and water treatment if bypass
pumping is necessary.
Final Inspection and Cleanup
If dewatering is performed, the contractor must remove all temporary equipment and
restore the site to its original condition.
Any sediment or debris collected during the dewatering process must be properly
disposed of to prevent clogging or environmental damage.
37
City of Aspen
Request for Proposals
2. South Aspen Street
o Pipe Diameter: 24” CMP
o Length: 303 linear feet
o Scope: Includes the same rehabilitation, site preparation, and restoration
standards as the base bid.
The following table and map contain information on each section of the Aspen St pipe according
to the available GIS data surveyed fall 2024.
From MH ID E08-MH-65 E08-MH-60
To MH ID E08-MH-70 E08-MH-65
Height 24" 24"
Material CMP CMP
PACP Quick Rating 5100 2100
Overall Pipe Index 5 2
Overall Pipe Rating 5 2
Surveyed Pipe Length 140' 163'
Aspen St
38
City of Aspen
Request for Proposals
Groundwater Depth
For the purpose of consistent bidding, please assume no groundwater will be
encountered at this location. Actual groundwater depths will be investigated prior to
construction, however, are not available at this time.
Manhole Depths
For the purpose of consistent bidding, please assume an average manhole depth of 10’
at this location. Actual manhole depths will be investigated prior to construction,
however, are not available at this time.
Traffic Control Requirements for Aspen Street Section
The Aspen Street section of the project presents moderate traffic control challenges, as it is a
collector street with higher traffic volumes than Koch Park but can still be detoured if necessary.
On-street parking is available and may be utilized for staging and equipment storage, reducing
the impact on active traffic lanes.
Traffic Control Expectations
Moderate Traffic Volume: The Aspen Street area sees more traffic than the Koch Park
area but is less constrained than Mill Street, allowing for strategic detours and temporary
lane closures. Note that this area will need to accommodate the existing bus route which
is driven multiple times per hour by incoming buses.
Detour Availability: Full detours may be permitted with City approval, provided access
to businesses and residences is maintained.
On-Street Parking Reservations: Contractors may request temporary use of on-street
parking spaces for staging materials and equipment through the City’s Project Manager.
Lane Closures and Detour Planning
Single-Lane Closures Permitted: Contractors may reduce Aspen Street to one lane
with appropriate flagging or temporary signals.
Full Detours Considered: A full detour may be approved if it allows for a more efficient
construction process. Detour routes must be clearly marked and pre-approved by the
City.
Driveway and Business Access: Any planned restrictions to private driveways or
business entrances must be communicated to the project manager well in advance to
provide affected parties with adequate notice.
Work Hours and Restrictions
Standard Work Hours: Monday-Friday, 7:30 AM – 5:30 PM, 9am-5pm Saturday.
Weekend Work: May be allowed with prior approval from the City’s Project Manager.
Pedestrian and Bicycle Accommodations
Sidewalk Closures: If sidewalk closures are required, contractors must establish ADA-
compliant pedestrian detours.
Bike Lane Adjustments: If bike lanes are impacted, clear signage must be provided,
and alternative routes should be designated if necessary.
All traffic control measures must comply with the Manual on Uniform Traffic Control Devices
(MUTCD) and the City of Aspen Engineering Department's guidelines. Contractors must ensure
that traffic control personnel are certified flaggers or trained professionals capable of
maintaining safe and efficient roadway operations.
Google Street View images for each access point are available as part of the SharePoint
database. Access Point Street View Photos
39
City of Aspen
Request for Proposals
Dewatering Requirements for Aspen St Section
The Aspen St section is not expected to experience base flow conditions under normal
circumstances. However, contractors must plan for potential dewatering needs in the event of:
Work occurring during peak flow season (spring runoff).
Unexpected rainfall events during construction.
Since the presence of water in this section is intermittent and seasonal, dewatering measures
will be less intensive than those required for Mill Street. However, contractors must still outline
contingency dewatering procedures to ensure a dry and stable work environment for CIPP
installation if necessary.
Dewatering Plan Submission
Contractors must include a contingency dewatering plan in their proposal, detailing:
Proposed equipment and setup for handling temporary stormwater or runoff.
Estimated pumping capacity based on projected seasonal flow rates.
Filtration and discharge methods to ensure compliance with environmental regulations.
If dewatering is not required, the contractor must confirm in their proposal that the site is dry and
does not require flow bypass or removal.
Expected Flow Conditions
Dry Conditions: The Aspen St section will likely remain dry unless work coincides with
a heavy rainfall event or occurs in spring runoff season.
Peak Flow Season (Spring Runoff): If work occurs between April and July, potential
intermittent flows may require temporary bypass pumping of 1-3 CFS.
Contractor Responsibilities for Dewatering (If Needed)
If dewatering becomes necessary, the contractor must:
Deploy temporary pumps and bypass piping to maintain a dry worksite.
Filter discharge water before releasing it into the stormwater system or an approved
outfall location.
Ensure sediment control measures (e.g., dewatering bags, silt fences, or settling tanks)
are in place to prevent pollution.
Comply with all local, state, and federal water quality regulations.
Cost Breakdown for Dewatering (If Required)
Since dewatering may not be required for this section, contractors must provide:
A base bid assuming dry conditions.
A separate line item for dewatering costs, only applicable if conditions require flow
management.
Estimated hourly/daily rates for pump rental, labor, and water treatment if bypass
pumping is necessary.
Final Inspection and Cleanup
If dewatering is performed, the contractor must remove all temporary equipment and
restore the site to its original condition.
Any sediment or debris collected during the dewatering process must be properly
disposed of to prevent clogging or environmental damage.
40
City of Aspen
Request for Proposals
4.0 Proposal Format
All proposals will follow the format as outlined below. Failure to do so may result in
disqualification.
Section 1 Introduction
Introduce firm and key staff who would be assigned to this project.
Include contact person name, phone number and email address for
purposes of this procurement process.
Section 2 Qualifications and Experience
List firm’s previous experience with similar projects. Include the name,
address and email for outside consultants who will be retained to work on
this project with you. List environmental certifications and standards that
will be upheld.
Section 3 Approach to Project
Include a complete scope of work and schedule that includes special
considerations for the project and any alternatives that can be identified.
Include any other work to complete the project, not specifically listed in
this RFP that you feel necessary. Include recommended material
specifications for each section based upon review of the Access Point
Street View Photos and Pipe Lining Inspection Videos. All work must
conform to applicable regulatory standards such as but not limited to
ASTM F1216 (Standard Practice for Rehabilitation of Existing Pipelines
and Conduits by the Inversion and Curing of a Resin-Impregnated Tube)
and ASTM D5813 (CIPP materials specifications). Please provide all
standards and codes which will be adhered to in the proposal.
Section 4 Fee Proposal and Schedule
Include estimated costs and project schedule for each pipe section (Mill
St, Koch Park, Aspen St). Include a detailed, line itemized fee
schedule utilizing the provided Bid Tab found in Exhibit E. Please
review the Access Point Street View Photos and Pipe Lining
Inspection Videos for the most up-to-date information on the project
and proper price estimation. Additional line items have been left for any
potential bid items not yet included in this RFP.
The City of Aspen requests that contractors provide two schedule
estimates as part of their proposal:
Springtime Estimate:
Contractors should provide an estimated schedule for performing the
work during the spring season (April to June). This estimate should
account for higher flow rates and any additional costs or measures
required for springtime dewatering.
Most Cost-Effective Time of Year Estimate:
Contractors should also provide an estimated schedule for performing the
work during the most cost-effective time of year, considering seasonal
availability, lower flow conditions, and optimal weather.
41
City of Aspen
Request for Proposals
This estimate should highlight any cost savings or operational efficiencies
that could be achieved by scheduling outside of the spring runoff season.
The City encourages contractors to provide detailed justifications for their
proposed timelines, including availability of materials, labor resources,
and expected weather impacts.
Special Events Considerations:
June 19th-22nd: Aspen Food and Wine Festival – No work will be permitted
during these dates at all sites.
August 29th-September 1st: Motherlode Volleyball Tournament – No work
will be permitted at the Koch Park location during these dates.
Other events which may interfere with proposed timelines are to be
coordinated with the City’s Project Manager.
5.0 Legal
5.1 The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the
Proposal which is in the City's best interest. The City further reserves the right, in the best interests
of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all
Proposals submitted.
5.2 Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all
of the documents that are submitted to the City of Aspen may be deemed public records subject to
examination and inspection by third parties. The City of Aspen reserves the right, at its sole
discretion, to release for inspection or copying any document, plan, specification, proposal or other
writing submitted pursuant to this request. Candidates should identify any portion of their proposals
which they consider confidential.
5.3 In order to fully understand the legal parameters of the City’s procurement process and
contractual requirements, Respondents must review all Exhibits.
5.4 By participating in the City’s procurement process, you are agreeing to the terms and
conditions of the procurement process and the legal parameters of doing business with the City
without change.
6.0 Bonds and Retainage
6.1 The City of Aspen has determined that for construction contracts more than fifty thousand
dollars ($50,000.00) and all contracts in excess of one hundred thousand dollars ($100,000.00),
it is prudent to obtain performance and payment bonds in amounts equal to fifty percent (50%)
of the price specified in the contract. (See C.R.S. §§ 24-105-202 and 38-26-106).
Performance Bond : Based on 100% of the contract price and held for the duration of the
contract.
Payment Bond: Based on 100% of the contract price and held for the duration of the contract.
Maintenance Bond: Based on 100% of the contract price and held for two (2) years after
contract completion.
42
City of Aspen
Request for Proposals
*Bidder to add specific line-item for bond costs in fee schedule.
6.2 Retainage: Mandatory requirement for all Construction contracts:
The City will make a deduction from the progress pay application (invoice for work completed) in
the amount considered necessary (5%) to protect the interests of the City, pursuant to Section
24-91-103, CRS. This applies to contracts to “construct, alter or repair” a structure or
improvements where the value of work under the contract meets or exceeds $100,000.
Each invoice to be submitted using a payment application form or any pay app accepted by
Project manager.
Release of retainage is based on milestones and substantial completion as indicated in contract
fee schedule and according to City of Aspen retainage release specifications.
7.0 Exhibits
The following files are attached for your use and reference as needed to properly respond to the
RFP request:
Exhibit A – Instruction to Bidders
Exhibit B – Bond templates
Exhibit C – General Conditions
Exhibit D – Special Conditions
Exhibit E – Bid Tab
Exhibit F – Bid Proposal Form
43
Line Item Unit Quantity Unit Price Total Price
Mobilization and Demobilization LS 1 108,000.00$ 108,000.00$
Traffic Control LS 1 41,000.00$ 41,000.00$
Erosion and Sediment Control Plan and ManagementLS 1 14,000.00$ 14,000.00$
Manhole Replacement EACH (if needed)1 22,000.00$ 22,000.00$
Pre- and Post-Installation CCTV Inspection LF 1023 5.00$ 5,115.00$
Dewatering Cost LS 1 43,000.00$ 43,000.00$
Site Preparation LS 1 8,300.00$ 8,300.00$
Point Repairs LS 1 13,000.00$ 13,000.00$
Bonds LS 1 6,400.00$ 6,400.00$
36" x 60" RCP Lining Material [UV CIPP]LF 65 750.00$ 48,750.00$
48" RCP Lining Material [UV CIPP]LF 363 350.00$ 127,050.00$
54" CMP Lining Material [UV CIPP]LF 523 500.00$ 261,500.00$
60" CMP Lining Material [UV CIPP]LF 71 600.00$ 42,600.00$
48" RCP Lining Material [CCCP]LF 69 490.00$ 33,810.00$
MILL ST SUBTOTAL 774,525.00$
Aspen St [FALL 2025]
Line Item Unit Quantity Unit Price Total Price
Mobilization and Demobilization LS 1 68,000.00$ 68,000.00$
Traffic Control LS 1 6,200.00$ 6,200.00$
Erosion and Sediment Control Plan and ManagementLS 1 5,000.00$ 5,000.00$
Manhole Replacement EACH (if needed)1 18,250.00$ 18,250.00$
Pre- and Post-Installation CCTV Inspection LF 303 5.00$ 1,515.00$
Dewatering Cost LS 1 4,500.00$ 4,500.00$
Site Preparation LS 1 1,300.00$ 1,300.00$
Point Repairs LS 1 13,000.00$ 13,000.00$
Bonds LS 1 1,700.00$ 1,700.00$
30" CMP Lining Material LF 309 350.00$ 108,150.00$
ASPEN ST SUBTOTAL 227,615.00$
MILL ST & ASPEN ST TOTAL 1,002,140.00$
Mill St [FALL 2025]
Docusign Envelope ID: 01564962-4401-4014-A98A-7BF9FF43FF53
44241
Line Item Unit Quantity Unit Price Total Price
Mobilization and Demobilization LS 1 74,000.00$ 74,000.00$
Traffic Control LS 1 18,000.00$ 18,000.00$
Erosion and Sediment Control Plan and Management LS 1 5,000.00$ 5,000.00$
Manhole Replacement EACH (if needed)1 18,250.00$ 18,250.00$
Pre- and Post-Installation CCTV Inspection LF 873 5.00$ 4,365.00$
Dewatering Cost LS 1 8,500.00$ 8,500.00$
Site Preparation LS 1 1,300.00$ 1,300.00$
Point Repairs LS 1 13,000.00$ 13,000.00$
Bonds LS 1 2,700.00$ 2,700.00$
24" CMP Lining Material LF 873 200.00$ 174,600.00$
ALLOWANCE ( ANTICIPATED L, E, SUB & MAT INCREASE (4%)LS 1 12,788.60$ 12,788.60$
TOTAL 319,715.00$
TOTAL W/ 4%332,503.60$
Koch Park [FALL 2026]
American West Construction, LLC (AWC) anticipates an increase in labor, equipment, material, and
subcontractor costs for work to be performed in the Fall of 2026. To account for these expected cost
increases, AWC proposes an allowance of 4% of the overall contract value. Additionally, AWC’s markup
rate on the increased subcontractor and material costs will be 15%.
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46243
City of Aspen - Special Conditions for Construction Contracts
SC1-971.doc SC1 Page 1
THE CITY OF ASPEN
Engineering Department
SPECIAL CONDITIONS – PART TWO
TECHNICAL SPECIFICATIONS
for
Stormpipe Lining Project
Project No. 2025-063
1.00 GENERAL.
1.01 The Special Conditions, Part Two, Technical Specifications, are intended to specify
and provide additional description, clarification, or conditions that are applicable to
this Contract.
1.02 The Technical Specifications shall delineate the measurement and payment for each
item listed below, as well as emphasize the appropriate standard construction
specifications which are the Colorado Department of Transportation's Division of
Highways (DOH) Standard Specifications for Road and Bridge Construction (SSR
& BC), 1991 Edition, or as modified in these Special Conditions. Any conflicts
between the DOH Standard Specifications and the provisions herein shall be
resolved by the City Engineer of the City of Aspen, Pitkin County, Colorado.
1.03 Standards Used: The Special Conditions shall delineate the measurement and
payment for each item listed below, as well as emphasize the appropriate
construction specifications which are the Colorado Department of Transportation’s
Division of Highways (DOH) Standard Specifications for Road and Bridge
Construction (SSR & BC), 2021 Edition, or as modified in these Special
Conditions. Any conflicts between the DOH Standard Specifications and the
provisions herein shall be resolved by the City Project Manager. Additional
standards for construction within City of Aspen include:
City of Aspen Engineering Standards
City of Aspen Construction Management Plan Manual
American Society for Testing and Materials
1.04 Unit Price Bid Items: Payment for work included in unit price bid items shall be
based on the completed value of each unit in such quantity actually installed as
measured and determined by the Engineer unless the approved Schedule of
Values provides sufficient detail for measurement and payment of partial progress
of work. Unit pricing shall include all materials, equipment and labor necessary to
complete the bid item as shown and indicated in the project documents. Quantities
given in the bid form are estimates for the purpose of evaluating bids.
Consequently, some differences may arise in actual and bid quantities. Contractor
or Owner may request re-negotiation of Unit Price for an item if the actual field
measured work done for that item differs from the estimated quantity by more
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than 50% under the following terms: Contractor shall not make any claim for
damages for any work item for which the actual field measurement does not differ
from the estimated quantity by more than 50%, higher or lower. Re-negotiated
Unit Prices shall be based on actual costs to Contractor for the specific work item
plus a reasonable allowance for overhead and profit. Re-negotiating the Unit Price
shall not increase or decrease the Unit Price by more than 10 percent. Contractor
shall submit to Owner satisfactory data substantiating the actual costs and
overhead rate to perform the Work covered by the Unit Price being re-negotiated.
No payment will be made if the entire bid item is unused.
1.05 Lump Sum Prices: Where lump sum prices are given for a described portion of
the work, that price shall cover all materials, equipment and labor necessary to
acquire, deliver, store and install that portion of the work, complete and in place.
Quantities given in the bid form are estimates for the purpose of evaluating bids.
Consequently, some differences may arise in actual and bid quantities.
Quantities given for lump sum items, including earthwork, are estimates only.
The Contractor should satisfy himself as to the actual quantities required to
complete the work described in the plans and these specifications. Unit costs for
earthwork will not be employed to determine payment.
1.06 Stored Materials: If separate payment is requested for materials suitably stored
but not installed, paid invoices for the materials shall be submitted. Stored
materials will be paid at invoice cost plus a maximum of ten percent markup to
cover submittals, delivery and handling. Requests for materials stored offsite must
be approved by Engineer. Request must contain name and address of storage
location, property owner, insurance summary covering equipment, description of
measures to protect equipment from physical and environmental damage, photo
documentation of protection in place and identification of material (Owner,
project and equipment), and letter granting Owner legal right to entry and
retrieval of materials.
1.07 The City intends to award the work as one contract which will consist of Base Bid
only in the complete Bid Proposal Form. The City further intends to award the
Contract to the lowest responsible and responsive Bidder within the limits of the
funds available and to best serve its interests.
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2.0 BID ITEMS CORESSPONDING WITH BID TAB.
Bid Item #1 – Mobilization/Demobilization
1. Description
a. This line item is for the Contractor’s mobilization and demobilization to and from the
site for Work under this contract.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include all labor, materials, and equipment involved with
mobilization and demobilization to the site.
3. Payment Basis
a. Lump Sum
Bid Item #2 – Traffic Control
1. Description
a. This line item is for the traffic control required for the Work.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include all labor, materials, and equipment involved with
furnishing, erecting, cleaning, maintaining, resetting, repairing, replacing, moving,
removing, and disposing of the construction traffic control devices. All construction
traffic control devices that are not permanently incorporated into the project will remain
the property of the Contractor.
b. Traffic control devices that are left in place during non-working hours, including
configurations such as lane closures, temporary channelization or detours, are not
considered active traffic control and will not be paid for as such.
c. Cleaning and maintaining of traffic control devices are not considered traffic control
activities subsidiary to the Traffic Control Management, Traffic Control Inspection, or
flagging items. Cleaning and maintaining devices is included in the basis of payment.
d. The quantity to be measured for flagging will be the total number of actual flagging
hours that are used as authorized per an approved Method of Handling Traffic (MHT).
Payment will not be made for time spent by flaggers to set up and take down construction
traffic control devices. Payment will not be made for additional flaggers necessary to
cover flagger break times and shall be included in the cost of work.
3. If necessary for the safety the safety of the public, Contractor and City employees, the
Work under this Bid item includes design of a complete traffic control plan for all street
segments to be improved under this Contract by a Certified Traffic Control Supervisor
and subject to approval of the City Project Manager, delivery, pickup, installation,
maintenance, protection & replacement of damaged device, defective steady burn or
flashing beacons, signs, and adjusting the number of channelizing devices and signs as
necessary to maintain safe traffic flows for the duration of this project. The traffic control
plan and selected devices and signs shall be based on the MUTCD.
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4. Payment Basis
a. Lump Sum
Bid Item #3 – Erosion and Sediment Control Plan and Management
1. Description
a. This line item is for the erosion and sediment control plan and management required
for the Work.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include all labor, materials, and equipment involved with the
installation, maintenance, monitoring, and operation of the erosion and sediment control
plan and management.
b. This line item shall include all necessary permit fees for erosion and sediment control
plan and management, as applicable.
3. Payment Basis
a. Lump Sum
Bid Item #4 – Manhole Rehabilitation or Replacement
1. Description
a. This line item is for the rehabilitation or replacement of existing stormwater manholes
within the project extents as identified within these contract documents for the Work.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include all labor, materials, and equipment necessary for the
rehabilitation or replacement of existing stormwater manholes identified per these project
documents, complete and in place.
b. This line item shall include the labor, materials, equipment, and other fees associated
with the removal and disposal of stormwater manholes, as required.
3. Payment Basis
a. Each
Bid Item #5 – Pre- and Post-Installation CCTV Inspection
1. Description
a. This line item is for the pre- and post-installation closed-circuit television (CCTV)
inspection required for the Work to assess the existing pipe conditions before installation
and to verify the integrity and quality of work post-installation.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include all labor, materials, equipment, and services required to
conduct CCTV inspections before and after CIPP lining installation, including recording,
reporting, and analysis of video footage.
b. All inspections shall be performed by NASSCO PACP-certified personnel and must
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adhere to NASSCO PACP standards.
c. Video recordings and inspection reports must be submitted to the City’s Project
Manager for review and approval.
3. Payment Basis
a. Linear Foot (LF)
Bid Item #6 – Dewatering Cost
1. Description
a. This line item is for the cost associated with dewatering activities required for the
Work, including temporary bypass pumping to maintain a dry work environment.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include all labor, materials, and equipment necessary for the setup,
operation, and removal of dewatering systems, including pumps, bypass piping, sediment
filters, and power supply.
b. This line item excludes costs associated with spring runoff dewatering, which are
covered under Bid Item #9 – Spring Runoff Dewatering.
3. Payment Basis
a. Lump Sum
Bid Item #7 – Site Preparation
1. Description
a. This line item is for the preparation of the site required for the Work, including
clearing, staging, and securing the work area.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include all labor, materials, and equipment involved in clearing the
site of vegetation, debris, and obstructions necessary for CIPP installation.
b. This item includes securing the work area with fencing, signage, and other safety
measures as required by the City of Aspen Engineering Standards.
c. Restoration of disturbed areas is not included and shall be covered under a separate line
item.
3. Payment Basis
a. Lump Sum
Bid Item #8 – Point Repairs
1. Description
a. This line item is for localized repairs to severely damaged pipe sections that require
attention before CIPP installation.
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2. Specific inclusions, exclusions, or special considerations
a. This line item shall include all labor, materials, and equipment necessary for
excavation, pipe replacement, or structural repairs to the existing stormwater
infrastructure.
b. Point repairs must be inspected and approved by the City’s Project Manager before
CIPP installation.
3. Payment Basis
a. Each
Bid Item #9 – Spring Runoff Dewatering
1. Description
a. This line item is for dewatering costs specifically related to handling spring runoff
conditions, which require enhanced capacity and management due to increased flow
rates.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include all labor, materials, and equipment necessary to manage
flow rates between 5-10 CFS during peak runoff season.
b. Costs shall include installation and operation of pumps and backup systems.
3. c. This item is exclusive of base flow dewatering, which is covered under Bid Item #6 –
Dewatering Cost.
4. Payment Basis
a. Lump Sum
Bid Item #10 – Bonds
1. Description
a. This line item is for providing required bonds for the Work, including performance
bonds, payment bonds, and maintenance bonds.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include all costs associated with obtaining and maintaining
Performance Bonds (100% of contract value) and Maintenance Bonds (100% of contract
value for two (2) years).
b. The Performance Bond must remain valid until the completion of the project.
c. The Maintenance Bond must cover structural integrity, water tightness, and
environmental compliance for the specified warranty period.
3. Payment Basis
a. Lump Sum
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Bid Item #11 – Lining Material
1. Description
a. This line item is for the Cured-In-Place Pipe (CIPP) lining material required for the
Work.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include all labor, materials, and equipment necessary for the supply
and installation of CIPP lining, including resin, liner tube, and curing agents.
b. Styrene-free resin is preferred to minimize environmental impact.
3. Payment Basis
a. Linear Foot (LF)
2.0 EXPLORATION REPORTS & MATERIALS TESTING:
Exploration reports and tests of subsurface conditions at the site, are not available from the
Design Engineer. The Contractor shall perform such subsurface soils investigations when
deemed necessary through a certified materials Lab. All soil sampling & compaction, concrete
paving, and hot mixed asphalt paving related testing and re-testing will be performed by a
certified materials testing laboratory acceptable to the City’s Representative and at his/her
direction. The cost of testing and re-testing shall be paid by the Contractor.
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3.0 PROJECT MANAGER AND THE CITY’S REPRESENTATIVE:
The Project Manager and the City’s Representative for this project shall be a member of the City
Engineering Department staff and shall be designated and changed as necessary by the
Stormwater Manager or City Engineer. Unless provided in writing by the Project Manager, any
on-site Inspector or Representative of the City shall not have the authority to render any binding
decision nor make any binding judgments to the Contractor pertaining to any work which may
change the Contract price or time of completion, or change the quality of Work, or change the
manner in which the Work is being performed. The Project Manager and the City’s
Representative shall serve as a means of communication between the City and the Contractor and
shall monitor the Work for the City. All references in the Contract Documents to "Project
Manager" and "City’s Representative" shall refer to the Project Manager and the City’s
Representative named by the Stormwater Manager or City Engineer.
4.0 PROGRESS SCHEDULE AND SEQUENCE OF OPERATIONS:
4.1 Within seven (7) days of the date of the bid award by the City Council, and prior to
the pre-construction conference, the Contractor shall submit for review of the City
Project Manager a critical-path chart showing the estimated progress for the
component divisions of the Work and a balanced time breakdown, showing the
estimated progress schedule for the entire Project. For purposes of comparison, the
Contractor shall submit with each progress pay estimate a form showing the actual
rate of progress to date for the component divisions and for the Project as a whole.
The actual rate of progress shown on the form shall only include Work completed
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and shall not include stored materials.
4.2 The Contractor shall also submit for approval, prior to the pre-construction
conference, a Traffic Control Plan for each segment of the street, a narrative of the
planned sequence of construction indicating the approximate date and time duration
of any road or street restrictions or closures, utility interruptions, etc., as applicable to
this project.
4.3 The Contractor shall also submit for approval, prior to the pre-construction
conference, a Construction Management Plan (CMP). The CMP must be prepared in
accordance with the Engineering Department’s CMP Requirements Manual.
4.4 In the event that the rate of actual progress of the Work falls behind the estimated
progress indicated on the approved critical-path chart and in the absence of time
extensions if any granted by the City Project Manager, the Contractor shall
accelerate the Work by placing additional forces and equipment on the Project so
that the Project will be completed within the Contract Time. The Contractor shall be
capable and make available more than one work crew to perform the work on time.
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4.5 The Contractor shall provide a list of emergency (24 hour) contact name(s),
addresses and phone numbers to the City Project Manager 24 hours prior to the preconstruction
conference. Emergency phone calls must be responded to in 15 minutes
or less and action must be taken on the emergency condition immediately. Such
emergency calls shall be project related corrective and restorative work and shall be
considered subsidiary to the construction bid items and at the Contractor's cost. The
Owner may initiate such corrective work at Contractor's cost if the Contractor fails to
perform the required task within one hour of an emergency call.
4.6 The Contractor shall be responsible for keeping traffic flows on the streets, or providing
adequate detours, at all times during and after their daily work activities. Interruptions to traffic
flow must be kept to a minimum.
5.0 PROTECTION OF PUBLIC FACILITIES, UTILITIES AND OTHER ADJOINING
PROPERTY:
The CONTRACTOR shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury, or loss to other property at the site or adjacent
thereto, and he shall be liable for any and all claims for such damage on account of his failure to
fully provide such protection.
The CONTRACTOR shall preserve and protect all existing vegetation such as trees, shrubs, and
grass on or adjacent to the site which do not unreasonably interfere with the construction, as may
be determined by the Engineer or Engineering Inspector.
The CONTRACTOR shall be responsible for all unauthorized cutting or damage of trees and
shrubs, including damage due to careless operation of equipment, stock piling of materials, or
tracking of sodded areas by equipment.
The CONTRACTOR shall at all times take proper precautions for the protection and or
replacement or restoration of driveways culverts, fencing, irrigation systems, irrigation crossings,
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mail boxes, landscape improvements and all other public and private installations that may be
encountered during construction. Such protection or replacement shall be borne by the
CONTRACTOR.
The CONTRACTOR shall work with adjacent property owners to coordinate any construction
activity that disrupts adjacent property owners’ landscaping.
The CONTRACTOR is responsible for any damage outside of the work area. Prior to starting
work, the CONTRACTOR is to provide the CITY with photos of areas that may be impacted by
the CONTRACTOR for the use in determination of restoration.
The Contractor shall notify all public utility companies at least forty-eight (48) hours prior to
commencement of any Work in the vicinity of the utilities.
It shall be the CONTRACTOR’s responsibility to determine the exact location of utilities that
may interfere with the performance of the Work of this project by exploratory excavation
sufficiently in advance of beginning construction in an area so that potential conflicts may be
resolved.
It shall be the CONTRACTOR’s responsibility to make all arrangements with the
utility owner(s) for utility relocations or adjustments and to coordinate the sequence of such
work to eliminate possible conflicts with construction progress. The cost to relocate utilities
necessary for the performance of the work shall be paid by the CITY. The cost to relocate
utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR.
Work involving changes in, or interference with, utility service shall be done at such times and in
such a manner that it will cause the least interference with the proper handling and delivery of
the utility service to the receiving customers.
CONTRACTOR shall notify, or arrange through the appropriate utility company notification of,
all parties that will be affected at least 48 hours prior to the time service is disconnected or
interrupted. Notice shall consist of publication in a local newspaper and/or announcement on
local radio stations as determined by the City Project Manager. Damaged utilities shall be
immediately repaired and restored to service. Repair work shall be continuous until the service is
restored.
The CONTRACTOR is responsible for immediate notification of the utility company if there is
any damage to a utility.
6.0 COOPERATION BETWEEN CONTRACTOR AND AGENCIES:
The CONTRACTOR is required to coordinate the scheduling of construction activities with
other CONTRACTORs working in adjacent areas. No damages, delay costs, or additional
contract time, claimed by the CONTRACTOR, due to construction of other projects, will be
granted by the CITY.
The CONTRACTOR is required to coordinate the work, construction schedule, traffic control
and permitting requirements with the applicable adjacent jurisdictional agencies to include
metropolitan districts and government agencies. It is the CONTRACTOR’s responsibility to
obtain any permits as required from other government agencies.
The CONTRACTOR shall notify all affected businesses, school & bus districts and
metropolitan, government & emergency services agencies two weeks ahead of any planned road
closures.
7.0 DAMAGE TO CONSTRUCTION:
The Contractor shall safeguard, until all Work embraced by the Contract is formally accepted, all
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construction, both complete and incomplete, against damage and destruction, and should damage
result, he will be required to reconstruct at his expense in a manner conforming to the Plans and
Specifications, reconstruction shall be in a manner suitable to the City Project Manager. No
repair
or mitigating option for damaged Work will be accepted by the City.
8.0 JOB SITE RESTRICTIONS:
All materials to be removed from the project site or demolished on site, shall be disposed of by
the Contractor off the project site unless requested otherwise by the City Project Manager. The
City's property is not available for Contractor staging or storage area, unless if permitted by the
City Project Manager within the existing right of way. The City's property is not otherwise
available for a Contractor's disposal area.
9.0 DISPOSAL OF HAZARDOUS MATERIALS:
The disposal of any hazardous materials shall be the sole responsibility of the Contractor.
10.0 SALVAGE:
Stone masonry, concrete, timber and other items removed from the site shall become the
property of the Contractor, unless otherwise noted in the project documents, and disposed of off-
site.
11.0 SUBCONTRACTORS AND SUPPLIERS:
Contractor shall identify in his/her sealed bid the name and address all Subcontractors, Suppliers,
and other persons or organizations that will furnish the principal items of materials, equipment or
labor for this project.
1.doc SC1 Page 6
12.0 WAIVER:
It is expressly understood and agreed that any waiver granted by the City Project Manager of any
term, provision or covenant of this Contract shall not constitute a precedent nor breach of same
or any other terms, provisions or covenants of this Contract. Neither the acceptance of the Work
by the Owner nor the payment of all or part of the sum due the Contractor hereunder, shall
constitute a waiver by the Owner of any claim which the Owner may have against the Contractor
or otherwise.
13.0 WARRANTY INSPECTION:
At the City's discretion, a warranty inspection will be held during sixty (60) calendar days prior
to the expiration of the warranty period under the Maintenance Bond. The Contractor shall
provide
an authorized representative at such inspection to represent the Contractor's interests. All defects
identified during inspection shall be corrected at Contractor's expense at the direction of the City
immediately. Corrective Work shall be commenced within five (5) consecutive calendar days
after written notice to Contractor.
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1
MEMORANDUM
TO: Mayor and City Council
FROM: Megan Killer, Water Efficient Landscaping Standards Reviewer
Julia Fahy, Administrative Specialist
THROUGH: Erin Loughlin Molliconi, Utilities Director
Ryan Loebach, Deputy Utilities Director
MEMO DATE: June 30, 2025
MEETING DATE: July 8, 2025
RE: Resolution #091, Series of 2025 – Grant Award for a Commercial
Water Efficiency Challenge, Rebate and Awards Program
_____________________________________________________________________
REQUEST OF COUNCIL: City of Aspen has received a $75,000 grant from the
Colorado Water Conservation Board (CWCB) to create a Commercial Water Efficiency
Challenge, Rebate and Awards Program. The grant is awarded as a 50%
reimbursement of the total program cost of $150,000. Staff is requesting acceptance of
this grant.
SUMMARY AND BACKGROUND: On September 28, 2015, City Council adopted the
Roaring Fork Watershed Regional Water Efficiency Plan and the City of Aspen
Municipal Water Efficiency Plan, Resolution #81, Series of 2015. On February 14, 2023,
Council adopted an update to the City of Aspen Municipal Water Efficiency Plan,
Resolution #7, Series of 2023. In both of those efficiency plans, water professionals and
staff identified the need for a commercial water efficiency challenge and rebate program
for City water customers.
On November 27, 2024, Utilities department staff submitted a grant application to
CWCB’s Colorado Water Plan Grant Program. The Utilities Department was awarded a
CWCB Engagement and Innovation Grant to initiate a State-approved water efficiency
program for its commercial customers. This new efficiency program targets reducing
indoor water use by Aspen commercial properties. Commercial water accounts within
the Aspen water service area use approximately 20 percent of our total municipal
treated water, giving the City the opportunity to expand upon our conservation and
efficiency program gains.
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2
DISCUSSION: The Commercial Water Efficiency Challenge, Rebate and Awards
Program is designed primarily for businesses in the tourism sector, such as hotels and
restaurants. These customers will be invited to participate in a year-long challenge that
will reward their water conservation and efficiency efforts including the replacement of
existing water fixtures/appliances with more water-efficient devices.
One opportunity for businesses within the Challenge is a 100 percent rebate for the
replacement of inefficient appliances/fixtures that meet the latest Energy Star/Water
Sense water efficiency guidelines. Each City of Aspen commercial water account will
receive a maximum rebate of $7,500.00, for the cost of the appliance and installation
labor.
Businesses will work with the Utilities Department to earn “points” by participating in a
variety of water-saving activities. This year-long challenge will culminate in a recognition
ceremony where businesses will be celebrated for their participation and commitment to
water saving techniques and upgrades. Those who perform the best by earning the
most points will receive awards from the City of Aspen to display in their businesses.
City staff will advertise the Challenge by walking between businesses and inviting them
to a stakeholder meeting on August 13th. The meeting is an opportunity for businesses
to provide feedback on the Challenge before the start. A website will be posted on the
Utilities Water webpage for a resource for businesses and anyone curious about the
Challenge.
FINANCIAL IMPACTS: Staff is requesting an approved budget authority for this
program in the amount of $150,000. As stated above, staff received a grant from CWCB
for $75,000.00 that requires matching funds from the City. The City Water Fund will
cover the non-State share of the total project costs as shown below. The matching
funds for this program will be allocated to the City’s Water Efficiency operating program
budget authority over the course of two budget years. The program costs are
summarized below:
Total Program Expenditures:
CWBC Funding $75,000.00
Aspen Matching Operating Budget $62,480.00
In-Kind Matching of City staff labor
expense
$12,520.00
Existing Budget for 2025:
Utilities Water Fund, Efficiency Program
(31520), Other Professional Services
$92,000
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3
This project is planned to impact the Water Fund’s operating budget from approximately
August 2025 through August 2026. The City of Aspen will be reimbursed for half of
actual program expenses in accordance with the detailed budget submitted in the grant
application, see Exhibit C. The maximum associated actual City costs, including in-kind
staff hours, will be $75,000, with the remaining program costs being paid for utilizing the
$75,000 CWCB grant proceeds.
ENVIRONMENTAL IMPACTS: Over the past decade, total annual billed water use has
remained relatively constant even while population has increased. This plateauing of
water use reflects the success of ongoing conservation and efficiency programs within
Aspen, offsetting some of the impacts due to growth. The City has accomplished every
action item in the 2015 Roaring Fork Watershed Regional Water Efficiency plan outside
of creating a Commercial water efficiency challenge. This program meets that goal by
creating an inclusive and interactive outreach by City staff to its water users designed to
encourage businesses to be more mindful about their water use and involve their
customers in this water-saving goal.
As a headwaters community, it is important for our customers to be educated on the
impact excessive water use has on our community and those downstream from us. With
the City recently entering Stage One drought restrictions, it is valuable to have our
customers aware of excess water use in our arid climate. The City of Aspen has a
limited water supply and educating consumers, locals and tourists alike, will help to
decrease the demand on our system resources, leading to a healthier ecosystem and a
sufficient supply for the health, safety, and well-being of the Aspen community.
ALTERNATIVES: The City of Aspen could choose not to accept the CWCB grant for
the creation of a Commercial W ater Efficiency Challenge, Rebate, and Awards
Program. In which case, City staff could add this project to their efficiency plan
operating budget in future years to be funded by water customers.
RECOMMENDATIONS: Staff recommends approval of Resolution #091, Series of 2025
which acts as an official authorization to commit the City of Aspen to the obligations
associated with receipt of a $75,000 grant award for the complet ion of a $150,000 water
efficiency program.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A – Resolution #091, Series of 2025
Exhibit B – Notice to Proceed from CWCB dated May 8, 2025
Exhibit C – CWCB Water Plan Grant – Detailed Budget Estimate dated April 21, 2025
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RESOLUTION #091
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, ACCEPTING A GRANT FROM THE COLORADO WATER
CONSERVATION BOARD (CWCB) ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a grant award
from Colorado Water Conservation Board for a Commercial Water Efficiency
Challenge, Rebate and Awards program; and,
WHEREAS, the City of Aspen has been successful in implementing a
number of indoor and outdoor water conservation an d efficiency measures and has
now identified additional measures that focus on water efficiency to reduce water
demands and provide reasonable cost savings for water utility customers.
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 a $75,000
CWCB Grant for a one-year commercial water efficiency challenge, rebate and
awards program with a total program cost of $150,000.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 8th day of July 2025.
Rachael E. Richards, 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, July 8th, 2025.
Nicole Henning, City Clerk
60
P 303.866.3441 F 303.866.4474 www.cwcb.colorado.gov
Jared Polis, Governor | Dan Gibbs, DNR Executive Director | Lauren Ris, CWCB Director
5/8/25
Julia Fahy
City of Aspen
427 Rio Grande Place
Aspen CO 81611
julia.fahy@aspen.gov
RE: NOTICE TO PROCEED
Dear Julia Fahy:
We are pleased to inform you that the Colorado Water Conservation Board staff is in receipt
of your required documents as noted on your Notice of Award and has verified that you meet
the requirements per the Water Plan Guidelines. As such, this letter is to serve as the NOTICE
TO PROCEED for Commercial Water Efficiency Challenge, Rebate, and Awards Program in the
amount of $75,000.00.
Along with this Notice to Proceed, CWCB is returning your executed agreement, POGG1 2025-
1528. This letter authorizes you to proceed with the approved project in accordance with the
terms of the executed agreement. The effective date of this agreement is 5/7/2025.
A template spreadsheet is attached for requesting reimbursements. Please note progress
reports are due every 6 months. Payment requests can serve as progress reports if made
within the 6-month time frame.
If you have any questions regarding this Notice to Proceed, please contact me at
ashley.garrison@state.co.us or 719-466-9626.
Sincerely,
Ashley Garrison
Ashley Garrison
Regional Water Plan Grant Manager
for the Colorado River, Gunnison, Yampa/White/Green
Enclosures:
Executed Agreement POGG1 2025-1528
Template Invoice Workbook
1313 Sherman Street, Room 718
Denver, CO 80203
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Colorado Water Conservation Board
Prepared Date: 4/21/2025
Name of Applicant: City of Aspen
Name of Water Project: Pilot Commercial Water Efficiency Challenge, Rebate, and Awards Program
Commercial Water Efficiency Challenge, Rebate and Awards Program
Item CWCB Funds
City of Aspen
Matching Funds
Task 1 - Stakeholder Meeting
Catering of Stakeholder Meeting 1,125.00$
Stakeholder Meeting - Room Rental 130.00$
Materials - Printing Costs of Handouts 50.00$
Staff Time - Faciliator 195.00$
Staff Time - Presentation Preparation and Meeting Set-Up and Clean-Up 500.00$
Task 1 Total 1,305.00$ 695.00$
Task 2 - Marketing the Challenge
Flyer Advertisement for Businesses 600.00$
Newspaper Advertisements - Aspen Times, Aspen Daily News, Sopris Sun, etc 1,525.00$
Social Media Advertisement - Facebook, Instagram, etc 1,000.00$
Press Release - Aspen Times 50.00$
Staff Time - Creating Marketing Materials for Commercial Customer Outreach 3,250.00$
Staff Time - Recruiting Businesses through Phone Calls and In-Person Meetings 1,625.00$
Staff Time - Managing Challenge Signups and Challenge Related Permitting 1,950.00$
Task 2 Total 3,125.00$ 6,875.00$
Task 3 - Challenge
(a) Point Tracking
Staff Time - Communicating with Businesses through Emails, Phone, and On-Site Visits 2,000.00$
Staff Time - Tracking of Challenge Participants' Points using In-House Tracking Docs 700.00$
Staff Time - Site Visits for Rebates and Challenge Guidance when requested by Business 1,000.00$
Staff Time - Reviews of Proposed Rebates and Sssociated Water Savings 300.00$
Total 2,000.00$
(b) Efficiency Upgrades/Rebates
Monetary Rebate for Appliance Upgrades Paid Directly to Commercial Water Customers
Total
Task 3 Total 62,570.00$ 59,430.00$
Task 4 - Awards and Recognition
Catering of Award Ceremony 3,000.00$
Awarad Ceremony - Venue Rental 2,250.00$
Materials to Highlight Challenge Particiapnts and Success to the Public 5,000.00$
Plaques to present to top 3 Award Winners 750.00$
Staff Hours - Organizing Data and Calculating Commercial Challenge Winners 1,625.00$
Staff Hours - Organizing Event including Set-Up and Clean-Up 975.00$
Staff Hours - Attending and Presenting Awards at Final Recognition Event 400.00$
Task 4 Total 8,000.00$ 6,000.00$
City of Aspen Staff Time 12,520.00$
City of Aspen Actual Cost 62,480.00$
OVERALL TOTAL 75,000.00$ 75,000.00$ 150,000.00$
Water Plan Grant - Detailed Budget Estimate
Fair and Reasonable Estimate
62
RESOLUTION #094
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND NORTH PEAK CONSTRUCTION, INC. AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS there has been submitted to the City Council a contract for
Construction Services between the City of Aspen and A.D Miller Services, Inc., a
true and accurate copy of which is attached hereto as Exhibit “I”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for Construction Services, between the City of Aspen and A.D Miller Services,
Inc., a copy of which is annexed hereto and incorporated herein and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED, READ, AND ADOPTED by the City Council of the City
of Aspen on the 8th day of July 2025.
Rachael E. Richards, 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, July 8th, 2025.
Nicole Henning, City Clerk
63
MEMORANDUM
TO: Mayor Rachael E. Richards and Aspen City Council
FROM: Ryan LaPointe, Capital Asset Project Manager II
THROUGH: Rob Schober, Capital Asset Director
MEMO DATE: June 30th, 2025
MEETING DATE: July 8th, 2025
RE: Resolution #094, 2025 Old Powerhouse Preservation
_________________________________________
REQUEST OF COUNCIL:
Staff request that City Council approve resolution #094 (Series of 2025), a contract for
construction services with A.D Miller Services, Inc. for Capital Project 51420 – Old
Powerhouse Preservation, located at 590 North Mill Street.
SUMMARY AND BACKGROUND:
The Old Powerhouse is a 19th century historic masonry structure currently occupied by
the Capital Asset Department. During the 2025 Capital Budget planning cycle, Council
directed staff to reduce the project scope which had included thermal building envelope
upgrades, code required structural and ADA improvements, energy efficient
mechanical/electrical systems and a 1st floor flexible public space. This full project scope
was estimated to cost between 10-12M dollars, and the AMP fund could not support that
type of expenditure with the upcoming cost to renovate the Armory starting in 2026.
The reduced project scope aims to improve the overall integrity of the exterior structure
and functionality of the building to accommodate office space for additional city
departments who will lose their current offices once the planned renovations of the
Armory and Main Street Cabin commence.
Highlights of the reduced project scope include the restoration of the masonry exterior, a
new roof including heat tape and snow fencing, the refurbishment of the remaining (4)
existing historic wood windows not yet completed, the replacement of non-historic
windows and doors and the addition of several heat pumps to provide ancillary heating
and cooling to the upper level. Site work is limited to the replacement of the main sewer
line and the landscaping immediately adjacent to the building, which includes new trees
64
as the old trees were undermining the foundation structure. Interior scope is limited and
includes the relocation of an interior wall, paint, carpet replacement, modernization of
select light fixtures and sound attenuation for the bottom floor.
BASIS FOR VENDOR SELECTION:
The design package was used as the basis for developing an RFP for general contractor
services to complete this project. Six proposals were received for this project from
qualified vendors. Staff formed an evaluation committee and scored the general
contractors based on the following criteria:
Evaluation Criteria Percentage
Cover Letter, Qualifications, Experience, References 35%
Project Approach 30%
Financial Stability & Capacity 5%
Pricing 30%
The committee scored A.D Miller Services, the highest of the six bidders. Through a
thorough evaluation of each bid packet, A.D. Miller provided the most professional and
detailed proposal, showing careful thought and consideration to this project and its
specifics. We also received positive feedback from a Capital Asset staff member that is
currently under contract with them. Staff feel comfortable recommending that A.D Miller
Services is the right choice to contract with as they have the required resource s and
experience for successful project delivery. A.D. Miller was in the lower 20% of bid
prices and we felt that their schedule was best aligned with the City’s needs of a timely
start and completion. They have also committed a full-time superintendent and project
manager for the project.
DISCUSSION:
The project and contract for construction services will improve the overall functionality of
the Old Powerhouse, making it viable office space for multiple departments. As
programmed it is planned to provide office spaces for the Capital Asset, IT,
Transportation and Special Events departments. The project is expected to be
completed in early 2026.
65
FINANCIAL IMPACTS:
Budget authority already exists for this project.
This project will be funded by the Asset Management Plan Fund (000), Capital
Project 51420 – Old Powerhouse Preservation.
The project has a lifetime budget of $4,695,000.
The value of the contract between A.D Miller Services, Inc. and the City is
$2,539,489.15.
Staff request that a 15% owners’ contingency of the total value of the contract in
the amount of $380,923.37 to be allocated.
Staff requests that the above 15% contingency can be authorized for use by the
City Manager administratively throughout the project.
ENVIRONMENTAL IMPACTS:
Renovating the Old Powerhouse will introduce several positive environmental impacts
and improve the overall energy efficiency of the building. Some of the added elements
of the project that will have a positive environmental impact are planting new trees,
incorporating heat pumps for the upper level, updating the lighting system to full LED
and adding new energy efficient windows.
ALTERNATIVES:
The project could be delayed until a future date, however many of these improvements
will be required in the short-term capital planning for the AMP fund and there are cost and
time savings by completing everything at once.
RECOMMENDATIONS:
Staff recommend that City Council approve resolution #094 (Series of 2025), a contract
for construction services with A.D Miller Services, Inc. for Capital Project 51420 – Old
Powerhouse Preservation located at 590 North Mill Street.
66
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit ‘I’: A.D. Miller Services, Inc. AIA Contract Documents
Exhibit ‘II’: A.D. Miller Services, Inc. Schedule of Values
Exhibit ‘III’: A.D. Miller Services, Inc. Schedule
67
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City of Aspen Attorney
Kate Johnson
Signature
6/30/2025 | 6:43:56 PM PDT
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7006 S ALTON WAY, BLDG. E, SUITE 100 CENTENNIAL, CO 80112 TEL: (303) 221-7770 FAX: (303) 221-7774
TO:City of Aspen DATE:6.20.2025 V2 JOB NO:
PROJ:Aspen Old Powerhouse Remodel
Adr:590 North Mill Street
ATTN:Aspen, Colorado 81611
A. D. Miller Services, Inc. is pleased to present to you the following project pricing based on the following :
Architectural plans by GSA dated 1.20.25 and 2.1.25, civil plans by River Citty Consultants dated 1.9.25, MEP plans by IMEG
Consultant Group dated 2.10.25, Preservation plans by WJE dated 2.10.25 and landscape plans by City of Aspen Parks & Rec.
Div #Division Description Amount
01 General Conditions 212,373.12$
02 Existing Conditions 86,966.08
03 Concrete 22,554.69
04 Masonry 223,100.00
06 Carpentry 73,075.00
07 Thermal & Moisture Protection 200,539.00
08 Openings - Doors & Windows 169,371.29
09 Finishes 169,392.50
10 Specialties 1,000.00
12 Furniture 9,584.04
21 Fire Suppression -
22 Plumbing 9,045.00
23 HVAC 221,184.00
26 Electrical 181,179.00
27 Communications 95,835.19
28 Electronic Safety & Security 61,206.50
25014
Rob Schober
BID PROPOSAL
427 Rio Grande Place
Aspen, CO 81611
A.D. Miller Services, Inc. Confidential 6/30/2025 Page 1 129
Div #Division Description Amount
31 Earthwork 11,525.00
32 Exterior Improvements 106,095.17
33 Utilities 157,031.95
SUBTOTAL:2,011,057.53
Building Permit & Fees Excluded by Owner -
Insurance 30,165.86
A.D. Miller OH&P 170,939.89
Builders Risk 11,060.82
Performance and Payment Bond Fee 33,348.36
Contractor's Contingency 111,161.21
TOTAL CONSTRUCTION COST before Accepted Alternates:2,367,733.67$
ALTERNATES - Accepted:
ADD 66,133.66$
ADD By Owner
ADD 105,621.83$
TOTAL CONSTRUCTION COST with Accepted Alternates:2,539,489.15$
ALTERNATES:
DEDUCT (30,000.00)$
ADD 19,423.39$
ADD 151,256.86$
7)Utilize Pella Windows ILO Sierra Pacific for New Windows DEDUCT (3,850.00)$
CLARIFICATIONS:
4) Allowances as specified and noted in the schedule of values documents.
3) Bid includes removal of all native soils and import of class 6 road base. See ALT for VE Cost Savings
4) If 1/2 existing native soil can be reused in backfill
6) If fire suppression is required by code (no existing system)
5) Add smoke/CO detectors if needed by Fire code
1) Cost based on Contract AIA A101and A201 General Conditions. GMP contract can provided upon request. Project
includes 2 year project warranty.
1) Remove all mortar and repoint at exterior brick
3) Provide and install new furniture by Source (Revised/ Approved Furniture Plan 6/6/25)
2) Remove and storage existing furniture for 6 months during construction
2) Bid excludes winter / weather conditions. Costing based on full depth asphalt. Relocation of existing utilities interfering
with existing sanitary line scope is not included.
3) Proposal includes Worker Comp, Liability Insurance, Builders Risk and Performance Bond.
A.D. Miller Services, Inc. Confidential 6/30/2025 Page 2 130
Div #Division Description Amount
23) This proposal is subject to change based on unknown items that may occur as result of global disruptions much as
material delays, labor shortages, jobsite disruptions, tariffs or governmental intervention. Manufacturers and production
facilities are feeling the impacts of decreasing international imports, health and safety concerns and economic impacts to
their businesses. As a result, manufacturing production may be impacted. Therefore, lead times and production may be
extended without warning and pricing may be affected.
5) All municipal, utility company and tap fees, permit and use tax, if applicable, are the responsibility of the owner. ADM to
assist in permitting process. Coordination of all Construction Permit requirements.
6) The cost of third party engineering, inspections and testing are the responsibility of the owner. Comcast, Century Link
and Xcel (Gas/Electric) connection costs by Owner. ADM to process paperwork and coordinate.
7) Bid excludes project contingency due to historic nature of project, recommend. Excludes any and all abatement or
environmental.
8) Bid excludes hard rock excavation and dewatering. Should AD Miller encounter hard rock or water during earthwork
additional costs to be negotiated through change order process. Excludes soil/ subsurface abatement and pest removal.
9) Trash and Bike Rack pad priced as crusher fines per pages in Landscape drawing instead of note on page A1.0.
10 )Pricing includes rubber cove base throughout. Existing conditions show 3rd floor with wood door frames and wood
base. Wood base not shown on plans and not priced.
11) Proposal assumes any steel to be shop prime painted.
12) Rough Carpentry has been based upon current market pricing. Due to market volatility material is subject to increases
without notice. AD Miller will do its best to maintain cost control, however should a material cost increase be implemented
the delta will be handled through change order process.
14) Proposal includes an allowance for Sealants and caulking to include: dissimilar materials, site caulking and joints, and
firestopping. Fireproofing has not been included as none has been specified.
21) Proposal includes Fire Alarm. Design/Build and permit by Contractor.
22) Please note: Proposal assumes on site soil is suitable for structural fill, and has assumed minimal export of 100 cyds of
material.
17) Fire suppression is excluded. If required by code, see alternate 6 pricing.
18) Proposal mechanical scope excludes BACNET / BAS systems.
19) All Low volt/ security/ Access control/ Data and structural cabling and equipment to be furnished and installed by GC.
Vision Security the specified provider did not submit proposal by bid due date and is currently excluded as result. Now
included in REV 2 from Vision Security in Div 28
20) Excludes any work associated with Radio Amplification System and/or testing (if required), AES Radio Transmitter.
13 Glazing assumed to be standard color with no FR glass / and industry standard STC rating.
14) Drywall scope assumes to be Level 4 finish at all visible locations.
15) Bid Excludes All FF&E (Equipment /Furnishings) unless ALT is selected, Signage, Audio / Video hardware and
equipment. Includes rough in of locations as shown on plans.
16 Electrical receptacles are bid per plan. Pricing excludes replacement of existing receptacles.
A.D. Miller Services, Inc. Confidential 6/30/2025 Page 3 131
To:City of Aspen
PROJECT S.F.
Stated / Take
Off 7,909 -
Adr:427 Rio Grande Place Project:Aspen Old Powerhouse
Aspen, CO 81611 Adr:590 Norht Mill Street 299.36
Attn:Rob Schober Aspen Colorado 81611 2,367,734.00
Proj No:25014 1.00
Notes
01 GENERAL CONDITIONS
00700 1 LS 212,373.12 212,373.12 9.85%
Subtotal DIV 01 CCT 212,373.12
02 EXISTING CONDITIONS
00-1300 1 LS 19,390.00 19,390.00 Right of Way and traffic control
01-0510 1 LS 14,750.00 14,750.00 surveying and stakes
02-0000 1 LS 14,000.00 14,000.00 Temporary walls and protection
02-3000 1 LS 3,500.00 3,500.00
Sewer scope and report. Subsurface locates and
camera lines. Allowance
02-4113 1 LS 12,892.50 12,892.50 Remove walls, carpet, LVT, telephone box and stair
flooring where noted.02-5000 1 LS 17,530.00 17,530.00 NA
02-6000 1 LS - - Excluded
02-xxxx 1 LS 4,903.58 4,903.58 Final Construction Clean
Subtotal DIV 02 CCT 86,966.08
03-0000 1 LS 15,894.69 15,894.69
Includes pad for condening units, 110 Asset Room
concrete infill, bike rack footings, curbs & gutters
03-5300 1 LS 6,660.00 6,660.00
Saw cutting and concrete pour back for new sewer
line.
Subtotal DIV 03 CCT 22,554.69
04-0000 1 LS 173,633.00 173,633.00
Remove, repoint brick mortar joints, veneer grout
and flashing. Replace damaged bricks and regrout.
Allowance of 100 New Reclaimed bricks.
04-4000 1 LS 26,334.00 26,334.00
Clean brick veneer with One Restore from Eaco
Chem
04-7000 1 LS 23,133.00 23,133.00
Remove mortar joint , install backer rock and
sealant, Inside vertical mortar joints at East &
West corner locations
Subtotal DIV 04 CCT 223,100.00
Subtotal DIV 05 CCT -
06 CARPENTRY
06-1000 1 LS 8,250.00 8,250.00 Backing, blocking
06-4000 1 LS 64,825.00 64,825.00
Provide and install all framing, soffit restoration,
sheathing, fascia and trim
Subtotal DIV 06 CCT 73,075.00
07 THERMAL AND MOIST PROTECT
07-1000 1 LS - - N/A
07-2000 1 LS 774.00 774.00 Garage door infill - rigid & tyvek
07-2500 1 LS 650.00 650.00 Vapor Barrier at interior SOG repair
07-4000 1 SF 133,812.00 133,812.00
Demo existing roof, New standing seam roof with
downspout,gutters, pipe jacks, heat tape and gutter
guard per Addendum #4
07-6000 1 LS 7,855.00 7,855.00 at roof system
07-7000 1 LS 46,816.00 46,816.00 2 bar snow rail system to match existing
07-7200 1 EA 7,632.00 7,632.00
Metal standing seam siding with underlayment and
all flashing
Division Total
Rough Carpentry
05 STRUCTURAL STEEL
03 CONCRETE
Contaminated Site Material Removal
04 MASONRY
Damp & Waterproofing
Total
ROW & Traffic Control
Concrete Cutting and Boring
General Condition
Metal Siding
Snow Rail
Flashing & Sheet Metal
Weather Barriers
SCHEDULE OF VALUES
Description Quantity Unit Unit Price
Concrete Complete
Clean Brick Veneer
Remove Mortar at Parge Coat
Remove & Repoint/Replace Damaged Bricks
Site & Exterior Demolition
Surveying
Existing Conditions
Subsurface Investigation
Selective Interior Demolition
Final Construction Clean
Thermal Protection
Framing (Interior & Exterior)
Standing Seam Roof
A.D. Miller Services, Inc. Confidential 6/30/2025 Page 4 132
NotesDivision TotalTotalDescriptionQuantityUnitUnit Price
07-9213 1 LS 3,000.00 3,000.00 Allowance - Sealants and Caulking
Subtotal DIV 07 CCT 200,539.00
08-1000 1 LS 14,064.83 14,064.83
Provide (7) plain sliced white maple wood doors
and hollow metal frames, door lite kits,
08-2000 1 EA 2,450.00 2,450.00 Install (7) interior doors, frames, hardware
08-4113 1 LS 99,582.18 99,582.18
Furnish & Install: Tubelite 14000 Series Framing.
2" x 4-1/2" system. Color figured as Dark Bronze
anodized. Doors figured as 1-3/4" thick, standard
wide stile with 10" bottom rail. Hardware figured
as Ives 112XY, Von Duprin EPT 10, Falcon RX-
MEL-24-C-DT (718DT Trim), Falcon RX-MEL-24-
C-NL (718NL Trim), LCN 4040, LCN 4642, LCN
8310, Zero 655A. Low E over clear temperd to
code. Door vision lites priced as 1/4" clear
tempered glass for Type 5 doors.
08-4220 1 LS 12,750.00 12,750.00
Allowance (3) ADA auto openers at Doors 1001,
100B 209A.
08-5000 1 LS 26,237.28 26,237.28
(3) Sierra Pacific direct glass and urban
awningrectangle windows, Low E insulated glass
08-8900 1 LS 2,020.00 2,020.00
08-0352 1 LS 12,267.00 12,267.00
Restore (4) historice windows. Pull window sashes,
remove paint, glazing and glass. Repair rot,
replace any broken glass with restoration glass,
reinstall. Strip, repair and prime all window frames
with Situ
Subtotal DIV 08 CCT 169,371.29
09-2000 1 LS 20,085.50 20,085.50
Base bid includes drywall at new walls and repair
allowance. ALT #6 is repair allowance of $10k for
drywall lids and other if fire suppression is
required. No fire suppression existing in building.
Pending fire department review/ compliance if
required in Aspen.
09-6000 1 LS 77,733.00 77,733.00
Includes moisture testing, LVT priced as basic
plank, Tarkett Cove base, Tarkett Aftermath II
broadloom and carpet tile and Tarkett Assertive
Stria walk off mats. Epoxy at Assess Work Space
09-9000 1 LS 68,350.00 68,350.00
Interior and exterior painting, DTM paint at
columns & beams, paint door frames and stain
wood doors.
09-xxxx 1 LS 3,224.00 3,224.00 Floor prep and leveling allowance
Subtotal DIV 09 CCT 169,392.50
10 SPECIALTIES
10-1400 1 LS 1,000.00 1,000.00 Code compliance signage - allowance
Subtotal DIV 10 CCT 1,000.00
11 EQUIPMENT.By Owner
Subtotal DIV 11 CCT -
12 FURNISHINGS
12-0500 1 LS 9,584.04 9,584.04
1" aluminum Graber SWF Contract cordless for
(25) exterior windows and (12) interior doors
12-4000 1 LS - -
Remove and store existing furniture See Alternate 2
Subtotal DIV 12 CCT 9,584.04
13 SPECIAL CONSTRUCTION
Subtotal DIV 13 CCT -
14 CONVEYANCE EQUIPMENT
Subtotal DIV 14 CCT -
Floor Prep Allowance
08 WINDOWS AND DOORS
09 FINISHES
Windows & Doors
Historic Window Preservation
Painting and Coatings
Signage
Sealants & Caulking
Louvers & Vents
Floorings
Auto Openers
Plaster & Gypsum Board
Entrances, Storefronts, & Curtain Walls
Doors & Frames
Install Doors, Frames, Hardware - Labor
Window Coverings
Furniture Moving & Storage
A.D. Miller Services, Inc. Confidential 6/30/2025 Page 5 133
NotesDivision TotalTotalDescriptionQuantityUnitUnit Price
21 FIRE SUPRESSION
21-0000 1 LS - -
See alternate 6 if fire suppression is code required.
Includes fire department connections, riser tampers
, flow switch . Pricing excludes 4" water line,
associated work and 3 D modeling. Allowance for
hard-lid drywall repairs included in Div 9
Subtotal DIV 21 CCT -
22 PLUMBING
22-0000 1 LS 9,045.00 9,045.00 Tie in interior sewer pipe to stub
Subtotal DIV 22 CCT 9,045.00
23 HVAC
23-0000 1 221,184.00 221,184.00
Includes wall mounts, heat pump units, condesate
drains, digital thermostats, ERV, stationary
louvers. Outdoor unit will require a dedicated
breaker and electrical disconnect.
Subtotal OTHER 23 221,184.00
26 ELECTRICAL
26-0000 1 LS 181,179.00 181,179.00
Includes devices, receptacles, lighting controls,
fixtures, safe off, service and mechanical
connections. Includes heat tape controller and
circuits.
Subtotal DIV 26 CCT 181,179.00
27-1000 1 LS 95,835.19 95,835.19
Low volt wiring, conduit/back box, CAT6 cables,
cable trays, IT rack and ladder, copper and fiber
back bone cabling
27-4100 1 LS - - By Owner
Subtotal DIV 27 CCT 95,835.19
28-0000 1 LS 23,791.50 23,791.50
Vision Security the specified provider did not
submit proposal by bid due date and is currently
excluded as result. Now included in Rev 2 for
access control from Vision Security
28-1000 1 LS - -
Vision Security the specified provider did not
submit proposal by bid due date and is currently
excluded as result
28-3100 1 LS 37,415.00 37,415.00 Includes FACP, horns/strobes, manual pull station,
smoke detectors. Excludes cellular communicator
Subtotal DIV 28 CCT 61,206.50
31-0000 1 LS 5,000.00 5,000.00
Earth moving back fill, light grading for trash pad
and planting areas.
31-4000 1 LS - - Excluded - Not Shown
31-6200 1 LS - - Exlcuded - can be provided upon request
31-7000 1 LS - - Excluded
31-8000 1 LS 6,525.00 6,525.00 Erosion Control Allowance
Subtotal DIV 31 CCT 11,525.00
32-1000 1 LS 31,997.00 31,997.00
Asphalt cutting and full depth patch repair asphalt
at new sewer line location ALLOWANCE
32-1001 1 LS 41,341.17 41,341.17
Inlcudes trees, shrubs, topsoil, drip irrigation 1
zone, crusher fines, 6" landscaping edge at trash
pad, Colorado Buff stone border
32-1700 1 LS 1,000.00 1,000.00 Asphalt Parking striping due to Sanitary Line
32-1800 1 LS 14,334.00 14,334.00
Provide and install 441 SF mid level Trex decking,
no railings.
32-3000 1 LS 10,730.00 10,730.00
6 ft chain link fencing with cloth covering at all
areas noted in plans for tree protection.
32 EXTERIOR IMPROVEMENTS
Asphalt & Paving
Landscaping and Irrigation
Striping and Signage
Trex Decking
Winter & Weather Conditions
Erosion Control
Fire Suppression
Plumbing
Fire Detection
Shoring & Underpinning
31 EARTHWORK
Earthwork
Audio-Video Communications
28 ELECTRONIC SAFETY & SECURITY
Electronic Safety & Security
Elec Access Cntrl & Intrusion Detec.
HVAC
Tree Protection Fencing
Structured Cabling
Electrical
27 COMMUNICATIONS
Temp Sounds Barriers
A.D. Miller Services, Inc. Confidential 6/30/2025 Page 6 134
NotesDivision TotalTotalDescriptionQuantityUnitUnit Price
32-3100 1 LS 5,943.00 5,943.00
8ft high chain link fence with gate allowance at IT
room
32-3313 1 LS 750.00 750.00
Remove and reinstall existing bike racks per L8.0
page, not page A1.0 noting new bike racks.
Subtotal DIV 32 CCT 106,095.17
33-3000 1 LS 116,445.00 116,445.00
Sanitary sewer install and including abandonment,
backfill with native soil export and compacted
roadbase.
33-8000 1 LS 40,586.95 40,586.95 New run into bldg and other associated work
Subtotal DIV 33 CCT 157,031.95
2,011,057.53
No
1 LS 10,470.10 Excludes Building Permit and Fees by Owner
1 LS 3.50%70,387.01
-
2,011,057.53
8.50%170,939.89
0.55%11,060.82
1.50%30,165.86 Cost Per Square Foot
2,223,224.10 2,223,224.10 281.09
1.50%33,348.36
5.00%111,161.21 Cost Per Square Foot
2,367,733.67 2,367,733.67 299.36
Contingency
TOTAL CONSTRUCTION COST
CONSTRUCTION SUBTOTAL
Bond Fee
Total Permits
Building Permit
Use Tax
33 UTILITIES
Sanitary Sewer Utilities
Communications Utilities
Fencing
Site Bike Racks/ Site furnishings
ADM OH&P:
ADM Liability Insurance
Builder's Risk Ins
CONSTRUCTION BASE PRICE
BUILDING PERMIT & FEES
TOTAL ALL DIVISIONS
A.D. Miller Services, Inc. Confidential 6/30/2025 Page 7 135
Aspen Old Power House 6/24/2025Sean LeaheyRevision No. A Notes: Comment - Chart PropertiesProject Ref. P:\2-CURRENT PROJECTS\2508-Aspen Old Powerhouse\01 - 25014 - Aspen Old Powerhouse-S\07-Schedule\Aspen Old Power House V2.ppPlanned by PowerprojectReport Date: 4/15/2025Line Name Duration Start Finish2025AugustSeptemberOctoberNovemberJulyDecember212841118251815222961320273101724181522123456789101112131415161718192021222324252627282930Old Powerhouse RemodelConstructionMobilization Contract Approved / NTPPermit approvedSet Up Temp OfficeDrop Roll OffInstall Safety ProtocolsInstall Tree ProtectionExterior Site WorkLocatesSaw Cut Remove Asphaltfor New Sewer LineExcavate for newSanitary LineInstall New SanitaryPipingBackfill Sanitary Trench.Patch Back AsphaltForm and Pour SiteConcreteExterior Trex DeckInterior DemolitionMisc Interior DemoRemove Windows forRepair As RequiredExisting WindowRestorationsSafe off Electric toMechanical EquipmentRemove HVACEquipment Remove Duct WorkMisc Electrical DemoDemo FlooringRough InFrame in OpeningsInstall New Framing111d109d19d1d1d3d5d38d5d5d5d5d5d3d5d5d26d3d3d20d3d3d2d3d2d37d2d5d7/18/20257/18/20257/18/20257/18/2025 *7/25/2025 *8/4/2025 *8/4/20258/4/20258/7/20258/14/20258/14/20258/21/20258/28/20259/5/20259/12/20259/19/20259/24/202510/1/20258/7/20258/7/20258/12/20258/15/20258/15/20258/15/20258/20/20258/21/20258/26/20258/28/20258/28/20259/2/202512/23/202512/19/20258/13/20257/18/20257/25/20258/4/20258/4/20258/6/20258/13/202510/7/20258/20/20258/27/20259/4/20259/11/20259/18/20259/23/20259/30/202510/7/20259/12/20258/11/20258/14/20259/12/20258/19/20258/19/20258/21/20258/25/20258/27/202510/20/20258/29/20259/8/2025123456789101112131415161718192021222324252627282930123456789101112131415161718192021222324252627282930Milestone AppearancesStart Milestone136
Aspen Old Power House 6/24/2025Sean LeaheyRevision No. A Notes: Comment - Chart PropertiesProject Ref. P:\2-CURRENT PROJECTS\2508-Aspen Old Powerhouse\01 - 25014 - Aspen Old Powerhouse-S\07-Schedule\Aspen Old Power House V2.ppPlanned by PowerprojectReport Date: 4/15/2025Line Name Duration Start Finish2025AugustSeptemberOctoberNovemberJulyDecember212841118251815222961320273101724181522313233343536373839404142434445464748495051525354555657585960Install OverheadEquipmentOverhead MechanicalRough InsElectrical OverheadRoughIn Wall roughs asRequiredInsulationHang DrywallTape and Finish DrywallFinishes1st Coat of PaintPrep For New AcousticBafflesInstall Acoustic BafflesInstall LightingInstall FlooringSet Millwork / TrimInstall Doors andHardwareInstall Interior WindowFramesInstall Store Front andGlazingMechanical EquipmentStart UpsFloor PrepInstall FlooringInstall RestroomSpecialtiesLandscapingInstall Planter EdgePrep Soils for PlantingsIrrigation Mods / PatchingPlant Trees and ShrubsInstall HardscapesInstall Bike RacksExterior Building / RoofDemo Roofing5d10d10d5d2d5d5d34d5d2d5d8d5d3d3d5d5d3d5d5d4d31d5d3d3d10d5d5d82d5d9/9/20259/16/20259/16/20259/30/202510/7/202510/9/202510/14/202510/21/202510/21/202510/28/202510/30/202511/3/202511/7/202511/14/202511/14/202511/19/202511/26/202512/4/202511/19/202511/26/202511/28/20259/24/20259/24/202510/1/202510/6/202510/9/202510/23/202510/30/20258/26/20258/26/20259/15/20259/29/20259/29/202510/6/202510/8/202510/15/202510/20/202512/8/202510/27/202510/29/202511/5/202511/12/202511/13/202511/18/202511/18/202511/25/202512/3/202512/8/202511/25/202512/3/202512/3/202511/5/20259/30/202510/3/202510/8/202510/22/202510/29/202511/5/202512/19/20259/2/2025313233343536373839404142434445464748495051525354555657585960313233343536373839404142434445464748495051525354555657585960Milestone AppearancesStart Milestone137
Aspen Old Power House 6/24/2025Sean LeaheyRevision No. A Notes: Comment - Chart PropertiesProject Ref. P:\2-CURRENT PROJECTS\2508-Aspen Old Powerhouse\01 - 25014 - Aspen Old Powerhouse-S\07-Schedule\Aspen Old Power House V2.ppPlanned by PowerprojectReport Date: 4/15/2025Line Name Duration Start Finish2025AugustSeptemberOctoberNovemberJuly December21284111825181522296132027310172418152261626364656667686970717273747576777879808182Substraight Repairs /Prep for New RoofingInstall Under LaymentInstall Roof SystemExterior PaintingInstall Flashings and TrimClean Mortar Joints /Remove Mortar WhererequiredNew Tuck PointingWhere RequiredWeather Barrier For MetalSidingNew Window InstallInstall Metal SidingInspectionsFinal MEP InspectionsFinal Fire / Life andSafety InspectionsFinal Zoning /Engineering InspectionsFinal BuildingClose OutTurnoverOwner FFE / EquipmentMove InSubstantial CompletionPunch OutOwner Punch WalkProject Punch Out3d2d15d10d5d10d20d5d5d10d9d3d2d2d2d11d5d5d11d1d10d9/3/20259/8/20259/10/20259/10/202510/1/20259/17/202510/1/202512/4/202512/4/202512/8/202512/4/202512/4/202512/9/202512/11/202512/15/202512/9/202512/17/202512/17/202512/17/202512/9/202512/9/202512/10/20259/5/20259/9/20259/30/20259/23/202510/7/20259/30/202510/28/202512/10/202512/10/202512/19/202512/16/202512/8/202512/10/202512/12/202512/16/202512/23/202512/23/202512/23/202512/17/202512/23/202512/9/202512/23/20256162636465666768697071727374757677787980818261626364656667686970717273747576777879808182Milestone AppearancesStart Milestone138
1
REGULAR MEETING ASPEN CITY COUNCIL JUNE 24, 2025
Mayor Richards called the meeting to order at 5:00 p.m. with Councilors Doyle, Benedetti, Rose, and
Guth present.
PUBLIC COMMENT:
Mike Maple – Mr. Maple said in his view the phone and internet goes out way too often. He couldn’t
shop last night for his dinner. This is unacceptable. Please be sure to have redundancy of services in our
dead-end valley. He would also like to know what happened to knock out our services.
Toni Kronberg – Ms. Kronberg said a transformer caught on fire last night. She asked about public
comment for an upcoming work session agenda. She spoke about fact checking for July 7th, so we are all
on the same page.
Tyler Hollenbach – Mr. Hollenbach said he is speaking on behalf of Harper and Hudson and the owners.
He asked for more than three minutes. Mayor Richards told him no and they are aware of legal disputes.
Mr. Hollenbach said this is a mom and pop shop and not a fancy retail chain store. He spoke about
frosted lights. He said the city has had a recent shift in tone towards them.
City Attorney, Katharine Johnson, said if Council seeks discussion, we can discuss it.
Mayor Richards asked to add to the executive session.
Councilor Guth said they should allow staff to continue working compliance with the business. He
doesn’t know if they need to spend a lot of time on this.
Mayor Richards said they will add a quick discussion to the executive session.
COUNCIL COMMENTS:
Councilor Doyle spoke about public lands. He said it has been decided that no national forest service
lands will be for sale and very limited BLM lands. It’s great news for the national forest.
Councilor Guth said Food and Wine was a great success and a vibrant weekend. There were a lot of
happy joyful people around town. He thanked staff and event organizers.
Mayor Richards said she also spoke about public lands and BLM land. She mentioned that tomorrow is
bike to work day. APCHA has made some changes to their regulations aimed at simplifying their
procedures and enhancing the customer’s experience. The bid fee has been eliminated as well as the
site review fee.
Interim City Manager, Pete Strecker, said there are no agenda amendments. He spoke about wildfire
preparedness. There was a call for the city to meet the fire stage 1 restriction. They are trying to stay on
top of having a safe summer.
Ms. Johnson said regarding the agenda amendments, she said staff is still gathering information on what
happened this weekend with Harper & Hudson. It might be more productive to have this discussion at a
later date.
Mayor Richards motioned to amend the executive session to include Harper and Hudson violations of
the city code; Councilor Rose seconded. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes;
Richards, yes. 5-0, motion carried.
139
2
REGULAR MEETING ASPEN CITY COUNCIL JUNE 24, 2025
BOARD REPORTS:
Councilor Doyle was at a QQ (water quality and quantity) meeting. As you all know, we use more water
than is available. He spoke of the water level at Lake Mead and Lake Powell. We have to have higher
than normal snow years. We are in serious territory in the western United States. A new reservoir is
being constructed above Loveland, but they discovered uranium. It is now a health issue, and the
reservoir will not be filled. He also had Sister Cities which was super short. There will be a Sister Cities
float in the parade if anyone wants to sign up for that. He said he and Christine attended APCHA, but she
can cover that.
Councilor Benedetti said they spoke about grants at APCHA. They also spoke about changing the
definition of “dependent” and will discuss at the July meeting.
Councilor Rose said he had lunch with the director of public health. He spoke about nominations for this
board.
Councilor Rose motioned to nominate Councilor Benedetti to the Board of Health as an alternate,
Councilor Doyle seconded. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes.
5-0, motion carried.
Mayor Richards said she had ACRA this morning. It was a very successful Food & Wine weekend. There is
a decline throughout the west with hotel bookings. The conflicts in the US with economy and a potential
war coming, people are hanging on to their budgets. These are not the banner years ahead of us. ACRA
is happy with their new facility.
CONSENT CALENDAR:
Councilor Doyle motioned to approve the Consent Calendar; Councilor Guth seconded. Roll call vote:
Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
PUBLIC HEARINGS:
Resolution #077, Series of 2025 – Policy Resolution, Amendments to the Land Use Code related to
Short-term Rental Regulations and Definitions. Haley Hart, Luisa Berne, and Emmy Oliver were present.
Haley Hart introduced herself and introduced the item. She said these are amendments related to
definitions 26.104.100 short term rental regulations
Ms. Hart said there will be a modification of the public notice requirement in zone districts where
unlimited numbers of STR permits are allowed, elimination of the homeowner’s association affidavit
requirement for STR permit renewal applications, exemption from tax filing requirement for properties
under construction, exemption from non-transferability clause in case of permittee death, run out
period in honor bookings after sale of permitted property, and addition of accountability mechanism for
STR advertising platforms. She gave an anticipated timeline for the policy resolution.
Mayor Richards opened the public hearing.
PUBLIC COMMENT:
140
3
REGULAR MEETING ASPEN CITY COUNCIL JUNE 24, 2025
Ben Wolff – Mr. Wolff thanked them for speaking about this. It does work pretty well. He has asked that
they expedite and waive some of the requirements. He fully supports the STR permit number on the
booking platform. Frias fully supports it being a level playing field.
Mayor Richards said there hasn’t been a determination made yet about that.
Mr. Wolff said he looks forward to continued discussion on the RMF zone.
Mayor Richards closed the public hearing.
Councilor Rose motioned to approve; Councilor Guth seconded. Roll call vote: Benedetti, yes; Doyle, yes;
Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
ACTION ITEMS:
Resolution #085, Series of 2025 – Ratifying the 2025 APCHA Strategic Plan – Matthew Gillen
Mayor Richards thanked him and his board for all the hard work. Compliance is a tough issue.
Mr. Gillen introduced the item and explained the public engagement process. There is an emphasis on
communication, compliance, and customer service.
Councilor Rose motioned to approve; Councilor Benedetti seconded. Roll call vote: Benedetti, yes;
Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
EXECUTIVE SESSION:
Ms. Johnson introduced the executive session.
Councilor Guth motioned to move into executive session; Councilor Doyle seconded. Roll call vote:
Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried at 6:14 p.m.
______________________
City Clerk, Nicole Henning
141
MEMORANDUM
TO: Mayor Richards and City Council
FROM: Liz Axberg, Housing Policy Analyst
April Long, Executive Director of West Mountain Regional Housing
Coalition
THROUGH: Jenn Ooton, Senior Project Manager
MEMO DATE: June 30, 2025
MEETING DATE: July 8, 2025
RE: Resolution #097, Series of 2025
West Mountain Regional Housing Coalition Good Deeds Program
Funding
_____________________________________________________________________
REQUEST OF COUNCIL:
Staff requests City Council review the proposed resolution (Resolution #097, Series of
2025) and to consider the amount it would desire to financially contribute to the 2025
Good Deeds Program.
SUMMARY AND BACKGROUND:
The City of Aspen is a founding member of the West Mountain Regional Housing Coalition
nonprofit organization, which has a mission of increasing workforce housing in the
Roaring Fork region with an emphasis on development neutral strategies. In 2024, Aspen
City Council approved a $450,000 contribution to the nonprofit’s deed restriction purchase
program—Good Deeds.
The Good Deeds program has helped preserve middle income housing through
converting free market homes into deed restricted units in perpetuity. After a successful
first year of the program, WMRHC is continuing the program in 2025 with an additional
funding request of $1 million from the City of Aspen.
WMRHC took a regional and community-centered approach to eligibility for the Good
Deeds Program and therefore structured the requirements to allow anyone working
142
full-time for an employer principally or physically based in Pitkin, Eagle, or Garfield
counties to be eligible. There is no income cap. A qualified buyer must :
Use the home as their primary residence
Cannot short-term rent the home
Must maintain local employment
Own no other residential property
Submit an annual affidavit to attest eligibility
Owners are eligible for a 3% simple interest annual appreciation and capital
improvements of 10% every five years. WMRHC pays 30% of the purchase price of the
home, up to a $1.5 million home price (varies geographically), in exchange for a
permanent price-capped deed restriction on the property.
City of Aspen staff serve on the WMRHC board, providing direct input to the Coalition’s
programming. Regional collaboration is part of the 2024-2028 Affordable Housing
Strategic Plan, approved by City Council in July 2024.
DISCUSSION:
The pilot program launched in mid-August 2024. During the summer of 2024, the
following communities contributed to the original Good Deeds pilot program:
Pitkin County - $1,000,000
City of Aspen - $450,000
Town of Snowmass Village - $250,000
City of Glenwood Springs - $200,000
Town of Carbondale - $100,000___
TOTAL = $2,000,000
With $2,000,000 and within only five months, WMRHC converted and preserved eight
(8) homes from the free-market to price-capped, permanently more affordable homes,
securing long-term stable housing through home ownership for twelve (12) working
locals, whose employment ranges from Aspen to Glenwood Springs.
So far, the following organizations have committed to continuing the Good Deeds
program in 2025:
Town of Snowmass Village - $ 250,000
City of Glenwood Springs - $ 100,000 annually for the next 3 years
Town of Carbondale - $ 100,000
Pitkin County - $1,000,000
TOTAL to-date for 2025 = $1,450,000
143
There are currently more than a dozen qualified buyers ready to utilize the program and
become homeowners in our valley. Several new requests are received each week for
application to the program. WMRHC has done little to advertise this program to date –
most notification was achieved through a press release, one article and spread through
word of mouth. Qualification for the program includes attending a meeting with the
WMRHC Executive Director to understand the parameters of the program.
The Good Deeds program offers a unique opportunity to secure homes for our
workforce before the price of those homes becomes completely out of reach. With new
housing opportunities in the Roaring Fork Valley, we may be able to retain and recruit
valuable employees that have been at risk of relocation to more affordable regions.
FINANCIAL IMPACTS:
West Mountain Regional Housing Coalition is requesting $1 million to support the Good
Deeds program in 2025. This contribution would be through the 150- Housing
Development Fund. The City of Aspen is the area’s leader in affordable housing
development and, even though it is the only local government in the area with an
affordable housing Real Estate Transfer Tax (RETT), there are a number of potential
projects vying for these funds.
Here is a short list, in no particular order, of current affordable housing projects
underway and/or current requests for funding from the 150 Housing Development Fund:
1. Lumberyard
2. Habitat Modular Home Factory
3. Moving Assistance and Incentivized Rightsizing
4. Mobile Home Park Preservation (Aspen/Basalt Park and Mountain Valley Park)
5. APCHA Essential Repairs Program
6. Possible land acquisition opportunities being considered
7. Other Affordable Housing Tactics discussed in the city’s Affordable Housing
Strategic Plan: Deed Restriction Purchase Program, etc.
https://aspen.gov/DocumentCenter/View/14164/Strategic-Housing-Plan---
COA2024?bidId=
144
Within the 2025 Budget, the Long-Range Plan (LRP) for the Housing Development
Fund assumes that with the city contribution to the Lumberyard Affordable Housing
Project including debt service from a future voter-approved debt issuance that there is
approximately $31 million in fund balance starting in 2027. However, that does not
consider the $3 million pledge toward the mobile home park/resident owned community
project that was approved through Resolution #086, Series 2025, nor the $2.5 million
request from Habitat for Humanity to support the modular home factory. The fund
balance above also does not assume other pending land acquisitions.
The RETT is currently on track to outpace revenue projects for 2025, with the total cash
value of transactions up 25 percent according to the May financial report.
ENVIRONMENTAL IMPACTS:
Viewed through an environmental lens, development neutral tactics such as this
program has less of an environmental impact than building new units.
ALTERNATIVES:
As described in the Financial Impacts section of this memo, there are many other
pressing needs where Aspen’s affordable housing dollars could be spent.
RECOMMENDATIONS:
Staff recommend City Council consider what amount they would like to financially
contribute to West Mountain Regional Housing Coalition’s 2025 Good Deeds program.
If Council would like to financially participate, staff asks that Council establish a dollar
figure that would be added to the proposed resolution.
CITY MANAGER COMMENTS:
145
RESOLUTION #097
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A FUNDING REQUEST BY THE WEST
MOUNTAIN REGIONAL HOUSING COALITION FOR THE GOOD DEEDS
PROGRAM
WHEREAS, there has been submitted to the City Council a request for funds
in the amount of $1,000,000 to be used expressly for an affordable housing deed
restriction purchase program by the nonprofit West Mountain Regional Housing
Coalition (WMRHC), which has a mission to ensure equitable access to affordable
housing for residents across the Roaring Fork and Colorado River Valleys; and,
WHEREAS, the Aspen City Council heard a presentation from WMRHC on
May 12, 2025, regarding the request; and
WHEREAS, the City of Aspen 2025 Budget includes a placeholder for a
$450,000 contribution to the Good Deeds affordable housing deed restriction
purchase program, the amount the City of Aspen contributed to the 202 4 program;
and,
WHEREAS, despite APCHA being the largest per capita affordable housing
program in the nation, there is still not sufficient affordable housing in the Aspen -
Pitkin County area to meet the affordable housing needs of our community and
workforce; and
WHEREAS, the units acquired by this program will be preserved as
affordable workforce housing for many people who work in Aspen and in our
region.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
146
That the City Council of the City of Aspen hereby approves the request of
WMRHC for funding to be used for an affordable housing deed restriction purchase
program in the amount of _______ to be paid from the 150 Housing Development
Fund and does hereby authorize the Interim City Manager to complete the request as
he deems appropriate pursuant to this resolution.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 8th day of July 2025.
Rachael E. Richards, 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, July 8, 2025.
Nicole Henning, City Clerk
147
Page 1 of 3
MEMORANDUM
TO: Mayor and City Council
FROM: Chris Everson, Affordable Housing Development Project Mgr.
THROUGH: Rob Schober, Capital Asset Director
MEMO DATE: June 27, 2025
MEETING DATE: July 8, 2025
RE: Resolution #100 of 2025, Lumberyard Master Development
Agreement with Gorman & Company
REQUEST OF COUNCIL: Staff recommend Council consider approval of Resolution
#100 of 2025 and related Master Development Agreement (MDA) with Gorman &
Company for private development and operation of the Lumberyard affordable housing
development.
BACKGROUND: Entitlements for the Lumberyard affordable housing development were
approved by Aspen City Council in Ordinance 10 series of 2023. Council directed staff to
seek a private developer to implement the project.
Through a competitive procurement process, the City received twelve proposals from pre-
qualified private developers. After evaluation and due diligence, Council supported
negotiation of an agreement with Gorman & Company.
At a work session on June 9, 2025, staff presented a description of the proposed
development plan with Gorman, and the arrangements were discussed among Council,
staff and Gorman’s Colorado market president.
DISCUSSION: Gorman proposes to develop all phases of the Lumberyard affordable
housing development based on the approved Lumberyard affordable housing Planned
Development (PD), as described in the ordinance referenced above. Gorman’s plan
includes initial financial closing in 2026 and lease-up of facilities beginning in 2028 and
running through 2029, with ongoing operations thereafter.
Under the proposed MDA, the City will lease the project property to the developer, who
will form the necessary development entities to oversee both construction and ongoing
operations. To support tax advantages, APCHA may serve as a special limited partner.
The residential units will be leased through a lottery process governed by APCHA
Regulations. Gorman Property Management will handle day-to-day operations, with the
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number of units to be set aside for property management staff to be determined by the
developer within six months.
Also within six months, the City must determine any lottery priority for employment
location or essential workers as well as any lottery priority for employer partnerships. The
City must also determine any cap to be placed on the quantity of employer partnership
units as well as basic terms of employer partnership s for the developer to understand in
advance. A work session is scheduled for July 21, 2025 so that Council may begin those
discussions well in advance of the six-month deadline.
The project’s budget will be supported by a significant capital contribution from the City
estimated at $210 million plus an additional estimated $40 million for infrastructure. The
developer is responsible for securing all additional funding and will receive a 4% fee
based on total development costs, earned at progress milestones. The City will retain the
right to cure any defaults and may issue a revenue bond backed by the City’s Housing
Fund to meet its obligations. Excess net operating income will only be distributed to the
City after all other debt and investor obligations are satisfied, and the City’s only debt
obligation will be limited to repayment of its own bond issued through the Housing Fund.
Should any modifications to the PD be necessary for feasibility, the developer must
proceed through the City's formal land use code process. The developer is solely
responsible for securing all necessary building permits before construction begins and
will be responsible for operating and maintenance costs except for the project’s solar
battery storage systems, which will be the City’s responsibility to maintain.
Gorman and the City are expected to collaborate in good faith to prepare for the project’s
closing(s). The developer will have an 18-month due diligence period, during which either
party may terminate the agreement for any reason. If unresolvable title or environmental
issues arise, the developer may receive expenses plus a termination fee. If the developer
or both parties terminate, only reimbursement of out -of-pocket costs applies. However, if
the City terminates, it must also pay a termination fee. In any case of termination, the City
retains rights to all project plans and materials upon payment of applicable fees.
FINANCIAL/BUDGET IMPACTS: Per the proposed MDA, City budgets to support the
project are tentatively planned as shown below and require future City Council approval:
2026 Cash from City Housing Fund: $110 million
2027 Revenue Bond Proceeds Supported by Housing Fund: $70 million
2027 Cash from City Housing Fund: $25 million
2028 Cash from City Housing Fund: $15 million
2029 Cash from City Housing Fund: $15 million
2030 Cash from City Housing Fund: $15 million
Estimated Total: $250 million
Staff analysis has shown that the City’s Housing Fund can support the referenced
budgets and associated debt service without constraining other housing initiatives. City
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Council is encouraged to consider the placement of a ballot question in the November
2025 election which would seek voter authorization for the issuance of up to $70 million
in bond financing to support the City’s contribution and facilitate development of the entire
Lumberyard project as part of Gorman's scope, rather than embarking on a program of
long-term construction phasing, which the City has done on past projects. At the work
session planned for July 21, 2025, staff will present proposed debt referendum ballot
language for the November 2025 election for Council’s initial review.
ENVIRONMENTAL IMPACTS: Project sustainability certification through the Enterprise
Green Communities Plus program with 75% net zero offset via on-site solar photovoltaic
systems and battery storage facilities is required in the Lumberyard PD.
RECOMMENDATIONS: Staff have exhaustively negotiated with Gorman, and the
enclosed MDA is recommended. Staff suggest that Council carefully review the proposed
MDA with Gorman and consider approval so that this crucial community project can move
forward in a timely manner.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A – DEVELOPMENT AGREEMENT by and among THE CITY OF ASPEN,
COLORADO and GORMAN & COMPANY, LLC (28 pages including Exhibits)
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RESOLUTION #100
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF ASPEN AND GORMAN & COMPANY, LLC, AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID DEVELOPMENT AGREEMENT
ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a development
agreement between the City of Aspen and Gorman & Company, 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 development
agreement between the City of Aspen and Gorman & Company, LLC, 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 8th day of July 2025.
Rachael E. Richards, 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 July 8, 2025.
Nicole Henning, City Clerk
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DEVELOPMENT AGREEMENT
by and among
THE CITY OF ASPEN, COLORADO
and
GORMAN & COMPANY, LLC
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EXHIBITS
Exhibit A Legal Descriptions of the Development Property
Exhibit B Property Depiction
Exhibit C Ground Lease Terms
Exhibit D Affordable Housing Restrictions
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this “Agreement”), dated as of this __ day of
_____, 2025 (the “Effective Date”), is made by and among the CITY OF ASPEN, a Colorado
municipal corporation (the "City") and GORMAN & COMPANY, LLC or its assigns (the
“Developer”).
RECITALS
WHEREAS, the City owns certain land which is legally described on Exhibit A and
depicted on Exhibit B (the “Property”); and
WHEREAS, the City has put in place entitlements on the Property related to the
“Lumberyard Affordable Housing Subdivision”; and
WHEREAS, the Developer intends to construct affordable multifamily housing and related
amenities, as further described herein (the “Project”) on the Property; and
WHEREAS, the City intends to provide financial assistance to the Developer in order to
construct the Project; and
WHEREAS, the City intends for Aspen/Pitkin County Affordable Housing Authority, a
Colorado housing authority (“APCHA”) or another housing authority to materially participate in
the Project, including by acting as a special limited member of the Development Entity (defined
below) and enforcing certain use covenants, as further described herein; and
WHEREAS, the Developer and APCHA will enter into separate negotiations, governed by
a different document than this Agreement; and
WHEREAS, the City and Developer desire to cooperate in the redevelopment of the
Property as a public-private project in accordance with the terms of this Agreement; and
WHEREAS, the parties hereby desire to enter into this Agreement to set forth the following
mutual agreements and responsibilities of the parties.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, the receipt and sufficiency of which are hereby acknowledged, the City and the
Developer each hereby covenant and agree with the other as follows:
ARTICLE I
DEVELOPMENT AND OPERATION OF THE PROJECT
Section 1.1. Development. The Developer will acquire from the City a leasehold
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interest in the Property and redevelop the Property in accordance with this Agreement. The City
intends to be a substantial participant in the Project, and, accordingly, the Developer and the City
will cooperate with one another in connection therewith. No decisions or approvals required to
be made hereunder shall be subject to any unreasonable condition or delay; provided that any
financial commitment of the City is subject to specific annual appropriation by the City Council
in its sole discretion. Notwithstanding anything to the contrary contained herein, the parties
acknowledge that land use and development approvals for the Project involve legislative and
quasi-judicial processes with final decision making authority being vested within the discretion
of the approving governing board, including the City Council, and that the City is not representing
or agreeing that any approvals will in fact be given.
Section 1.2. Project Description. The Project contemplated by this Agreement
consists of three buildings and horizontal infrastructure work known as “Phase 0” (as defined
below) for multifamily housing, which are to be completed in two phases. The Project shall
include approximately 277 affordable housing units that comply with the requirements contained
in Exhibit C, and up to 435 on-site parking stalls unless the PD Documents (defined below) are
amended. The total unit mix is currently contemplated to include 129 one-bedroom units; 106
two-bedroom units; and 42 three-bedroom units. The Developer will follow the unit mix set forth
in the PD (described in Section 3.1 hereof), un less the City and the Developer agree to an
amendment to the PD modifying the unit mix set forth therein.
Section 1.3. Ground Lease. The City and Developer, or the Developer’s assigns, as
permitted herein, shall enter into a ground lease (the “Ground Lease”) for the Property, materially
on the terms contained in Exhibit C.
Section 1.4. Development Entity Corporate Structure. The Developer may, in the
Developer’s sole discretion, create separate development entities for the purpose of separately
owning and financing the buildings on the Property as contemplated by the PD Documents
(whether one or more, the “Development Entity”) provided that the Developer shall control any
Development Entity, unless the City consents in writing to another entity controlling the
applicable Development Entity. In recognition of the financial contribution made by the City,
and to provide additional control over the Project, the Developer has agreed that the Development
Entity shall be corporately structured to provide for cooperation between the parties. The
Developer, or a subsidiary thereof, will be the manager of the Development Entity, or other
similar corporate position depending on the form of the Development Entity (regardless of actual
title, referred to herein as the “Manager”):
(a) APCHA is contemplated to be a special limited partner or member;
(b) To the extent APCHA (or another housing authority) is a special limited partner
of member, it shall have provided a nominal capital contribution to the
Development Entity;
(c) In any event, the Developer will require an entity to be a special limited partner
or member that permits the Project to qualify for property tax exemption under
Colorado Statutes (which may be APCHA);
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(d) The City is contemplated to be a special limited partner or member, contingent
on its financial contributions to the Project (described herein) coming to each
Development Entity as a capital contribution, rather than as a loan unless the
Development Entity requests that any financial contribution be structured as a
loan;
(e) To the extent the City will be a special limited partner or member, it shall have
provided a Capital Contribution, as defined in Section 2.2;
(f) The City shall have the right to remove and replace the Manager and/or to cure
defaults by the Development Entity under the Project’s loan documents or
Ground Lease terms;
(g) The City and APCHA shall have voting rights related to the sale of the Project,
or a substantial portion thereof, election to file bankruptcy by the Development
Entity, or election to liquidate the Development Entity or substantially all of its
assets;
(h) Limitations on City’s rights. The powers provided above shall be limited as
follows:
i. The right to remove and replace the Manager shall only be “for cause”
where “cause” is defined as negligently or with willful misconduct or
malfeasance operating the Development Entity in a manner that materially
and adversely impacts the health or human safety of the tenants living in
the Project or substantially impairs the City’s investment in (or loan to) the
Development Entity(ies);
ii. The right to remove and replace the Manager shall be subject to standstill
limitations in favor of private investors and/or senior lenders, if any;
iii. The removal and replacement of the Manager shall cause the Manager to
be released from all future guaranty obligations arising out of actions or
inactions from the date of removal going forward; and
iv. Any removal and/or replacement of the Manager shall not remove the
Developer (or its affiliate) as a member or limited partner of the Project
Entity (merely in its role as the manager of the Development Entity).
Section 1.5. Construction Contract. The Development Entity will enter into a
construction contract with a qualified general contractor and any other direct contractors or
vendors in the construction of the Project (including, without limitation, modular contractors)
meeting all applicable program requirements; provided, however, the general contractor shall
provide to the City a list of subcontractors, which the City may reject in its reasonable discretion
(based on conflicts of interest or other issues raised by the City). The City hereby agrees and
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acknowledges that Deneuve Design, Inc. d/b/a Deneuve Construction Services is an approved
general contractor for the Project, and Gorman Architectural, LLC (the “Architect”) is an approved
architect for the Project (as a subcontractor of the general contractor). The Architect fee (exclusive
of any engineering fees) is contemplated to be 3% of the total hard construction costs.
Section 1.6. Material Terms Related to Project Operation.
(a) The Project will be managed by Developer’s affiliate, Gorman Property
Management USA, LLC (the “Property Manager”). APCHA will have mutually
agreeable duties related to tenant screening and compliance review of the Project.
A customized tenant application and form of use covenant, in all cases meeting all
APCHA regulating requirements may be developed for the Project and will be
finalized within six (6) months of the date hereof. A lottery process is expected
for initial lease-up and is likely for subsequent re-tenanting if a unit is vacated
during operations. The City agrees that the lottery process will begin no fewer than
120 days before the anticipated issuance of a certificate of occupancy related to
the occupancy of the units, unless the Developer determines, in its sole discretion,
a date closer to certificate of occupancy is preferable. The Property Manager shall
earn a lease up fee capitalized in the Project Budget (payable in four installments:
(1) 25% of the units in a specific phase of the Project occupied; (2) 50% of the
units in a specific phase of the Project occupied; (c) 75% of the units in a specific
phase of the Project occupied; and (d) 95% of the units in a specific phase of the
Project occupied. The Developer agrees and acknowledges that the provisions set
forth in Exhibit D hereto are a material inducement for the City’s participation in
the Project and, therefore, the Developer will cause the Property Manager to
comply with the concepts set forth in Exhibit D. Developer intends to house staff
of the Property Manager within the Project. Units of the Project will be set aside
for the Property Manager to rent to its staff. Developer, the Property Manager,
and the City will further determine such provisions related to the Property
Manager’s employee units, including the quantity of units and the rent to be paid
for such units, within 6 months of the date hereof.
(b) Development Fee. Developer will earn and be paid a development fee of 4% of
total development costs (other than development fee and capitalized reserve accounts set forth
in the development budget, but expressly including general contractor contingency, profit,
overhead, and general conditions) for the Project (the “Development Fee”), which shall be
payable on a phase-by-phase basis (i.e., each Development Entity shall enter into a developer
services agreement with the Developer for an amount equal to 4% of the total development
costs of the phase owned by the applicable Development Entity). The Development Fee will
be paid to Developer over the course of the construction for the applicable phase of the Project
according to the following payment schedule appropriate to the specific Phase of
construction:
i. At financial closing of a Development Entity (i.e., a construction
loan is closed and private equity is contributed): 40%
ii. At 50% construction completion, defined by percentage of the
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budget expended by the Development Entity on its phase of the
Project: 30%
iii. At certificate of occupancy for 100% of the units in the applicable
phase: 10%
iv. Upon lease up of at least 93% of the units in a particular phase
owned by the Development Entity: 20%
(c) Cash Flow Waterfall. The net cash flow generated from the operations of the
completed Project after the payment of operating expenses (other than the Special Operating
Equipment, as described below) and must-pay debt service related to the Project (or each
phase) is contemplated to be distributed in the following order, as more fully described in
each Development Entity’s operating agreement or limited partnership agreement (and
subject to further negotiations with investors and lenders):
i. To fund any Replacement reserve account to a minimum per a “to be
agreed upon schedule” (unless said expenditure becomes a “must-pay”
operating expense, payable above the line);
ii. funding for an agreed responsible operating reserve (unless said
expenditure becomes a “must-pay” operating expense, payable above the
line);
iii. the payment of any unpaid balance of the deferred Development Fee,
deferred Development Fee loan, or other loans made by the Developer
(or its affiliate) to fund Project cost overruns or operating deficits, or
deemed equity contributions of overhead reimbursement not paid to the
Developer at the financial closing;
iv. 75% of available cash flow to the repayment of requirement payments
on subordinate debt on terms and conditions set forth in subordinate debt
documents;
v. agreed upon distributions to investors based on the terms and conditions
set forth in the negotiated operating or limited partnership agreement,
perhaps denoted by membership or partnership class (including, if
applicable, a portion of which going to the City or its affiliate as a return
of its Capital Contribution, which the Development Entity understands
the City intends to use to deposit in the City’s 150 Housing Development
Fund).
ARTICLE II
PROJECT FINANCING AND SECURITY
Section 2.1. As an incentive to acquire a leasehold interest in the Property, and construct the
Project, the City agrees to provide the financial incentives described in this Article II (the “City
Investment”), subject to specific annual appropriation therefor by the City Council. The City shall use
good faith efforts to obtain necessary approvals for the City Investment. The City Manager or other
officer of the City at any time charged with the responsibility of formulating budget proposals for the
City is hereby directed to include items for all payments required for the City Investment in the ensuing
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fiscal year, if any, in the annual budget proposals submitted to the City Council. Notwithstanding this
directive regarding the formulation of budget proposals, it is the intention of the City that any decision
to effect an appropriation for the City Investment will be made solely by the City Council in its absolute
discretion and not by any other official of the City.
Section 2.2. City Investment. The City agrees to provide the following City Investment,
subject to annual appropriation by the City Council:
(a) Primary Financing: $210,000,000 (plus the Infrastructure Expense, defined below)
from the City to the Developer or Development Entity (the “Primary Financing”). The Primary
Financing is contemplated to be a capital contribution (a “Capital Contribution”); however, upon
mutual agreement of the City and the Developer, some portion of the Primary Financing may be
structured as a loan (a “Loan”). The City anticipates all, or at least a substantial majority, of the
Primary Financing will be in the form of a Capital Contribution; however, the City may reasonably
determine that some portion of the Primary Financing will be structured as a Loan. If the City
determines that some portion of the Primary Financing will be structured as a Loan, the City agrees
to make such determination, and to communicate such determination timely to the Developer in a
manner that allows the Developer to modify pitches made to investors or senior lenders; and
provided, further, that the City acknowledges any such determination will be deemed a “Feasibility
Change Request” as described below. In any event, whether a Capital Contribution or a Loan, the
Primary Financing shall be subject to the following terms and conditions.
i. Capital Contribution Terms. A Capital Contribution shall be made in
conjunction with the City (or its subsidiary) receiving an interest described in
Section 1.4. In addition to the rights provided in Section 1.4, the following shall
apply:
(1) The City shall not be obligated to fund any further capital
contributions (other than cost overruns on the Phase 0 work in
excess of the Infrastructure Expenses);
(2) Private investors may receive a different class of ownership than the
City, which would entitle the private investors to different returns on
capital.
(3) Day-to-day operations will be run by the Developer or the Manager
without seeking approval from any owners.
(4) The City, consistent with other members’ rights, will have a limited
right to sell its interests in the Project to third parties, first being
obligated to offer such shares to the Developer, second to the
Development Entity, and third to other members before any such sale
of interests may occur. The sale of interests to the Developer, the
Development Entity, or other members may be required to be at a
discount (i.e., below fair market value).
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ii. Material Loan Terms.
(1) Term Length. At least 50 years.
(2) Interest rate: 0%.
(3) Paid on construction draws.
(4) Secured by a subordinated leasehold deed of trust (the “Deed of Trust”)
on the Development Entity’s Ground Lease on the Property. The City
will be required to enter into a commercially reasonable inter-creditor
agreement with the senior construction and permanent financing
lender. The Deed of Trust shall be insured by the Title Company as
defined herein.
(5) Note. Non-recourse to the Development Entity and will be evidenced
by a “cash-flow note” payable from excess net operating income
generated by the Project, or portion thereof, as further described in the
Waterfall. The cash-flow note shall be in a form reasonable in the
market.
(6) Subject to “true debt” test to be determined by Developer’s
accountants.
(7) In the event the City elects not to use a Capital Contribution for the
Primary Financing (subject to conditions set forth herein), the City
shall be provided with an option agreement that allows the City to
purchase the Developer Entity’s interest in the Project at fair market
value in order to ensure the continued use of the Project as affordable
housing.
(b) Infrastructure Financing. The City previously budgeted and contracted for the performance
of certain site preparation described in the PD (“Phase 0”), but has elected to include the
scope of Phase 0 in the Project. The City intends to fund Phase 0 as part of the City
Investment (in excess to $210,000,000) in an amount estimated to be up to
$[40,000,000.00] (the “Infrastructure Expenses”). The Infrastructure Expenses shall be
paid on a reimbursement basis to the Developer for costs included in the Phase 0 scope that
were originally contemplated to be completed prior to the Developer starting the Project.
(c) Special Operating Equipment. The City has a design to 75% net-zero energy goal for
the Project, which goal is contained in the PD Documents (the “City Energy Goals”).
The City Energy Goals require that the Project contain certain novel energy equipment,
including, without limitation, battery storage facilities (collectively with all such
equipment, the “Special Operating Equipment”). The Developer is unable to determine
operating costs, repair, maintenance, upkeep, and replacement of the Special Operating
Equipment, which prevents the Developer from being able to create a workable,
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financially feasible operating budget for investors and lenders. To that end, the City
has agreed (subject to annual appropriation) to fund the reasonable operating costs,
repair, maintenance, upkeep, and replacement of the Special Operating Equipment. For
the avoidance of doubt, the Development Entity will not fund such costs of the Special
Operating Equipment.
Section 2.3. City Investment Authorization and Budget Approval. The City intends
to fund the City Investment from a combination of debt, cash reserves, or other means as
permitted in its budget, and as approved by the City Council. The City Investment shall be
subject to the following conditions:
(a) Developer agrees and understands the City Investment may be provided in tranches
over a period as shown below, some of which may occur during the construction of
the phased development of the Project:
2026 Cash from City Housing Fund: $110MM
2027 Proceeds from City debt, Housing Fund bond: $70MM
2027 Cash from City Housing Fund: $25MM
2028 Cash from City Housing Fund: $15MM
2029 Cash from City Housing Fund: $15MM
2030 Cash from City Housing Fund: $15MM
Estimated Total: $250MM
(b) City may issue a revenue bond backed by the annual revenues of the City
150 Housing Development Fund, which would be subject to requirements imposed by the
Colorado Taxpayer Bill of Rights (TABOR) Amendment, which requires voter approval in
advance. City shall not otherwise be liable for the failure to receive approval to issue revenue
bonds (other than as expressly set forth herein).
(c) City shall not have the right to reduce the City Investment except as
provided in this Agreement.
(d) Unless the City receives voter approval in advance to incur the City
Investment as a multiple fiscal year financial obligation, any amounts payable as the City
Investment shall be subject to annual appropriation by the City Council, in its sole discretion.
Section 2.4. Developer’s Obligations and City Investment Adjustment.
(a) Subject to the City Investment described above, Developer shall be
responsible for all additional costs of the Project and will obtain total debt and equity
commitments in excess of the City Investment but in an amount sufficient to construct the
Project (the "Private Funding"), the sufficiency of which shall be in the sole discretion of the
Developer, and which the City agrees Developer may originate, apply for, source, or
otherwise obtain. The City agrees to cooperate, at no expense to the City, in any applications
for the Private Funding.
(b) Developer shall be responsible for the creation of a budget detailing the
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sources and uses of funds for the construction of the Project (the “Project Budget”). The
Project Budget will be based on reasonably ascertainable information as such information
becomes available. The Project Budget shall be subject to the following:
i. The City shall have the reasonable right to approve the final Project
Budget in advance of Closing, as defined herein. Developer will
provide updates to the Project Budget financing sources and City
Investment requirements, commencing six (6) months from the date
hereof, no less than every six (6) months to the City Council following
the approval of this Agreement until Closing (the “Budget Review
Period”). A final update shall be provided no less than ninety (90) days
before Closing to set a final Project Budget (the “Final Project
Budget”), provided, however, that even the “Final Project Budget” will
be subject to changes until Closing, due to interest rate fluctuations,
changes in the market, macroeconomic issues (including tariffs, the
strength of the U.S. Dollar, bond markets, and impacts related to
potential violations of norms and the rule of law).
ii. As noted above, the City shall be responsible for the operating costs,
repair, maintenance, upkeep, and replacement of the Special Operating
Equipment.
(c) During the Budget Review Period, any changes to the financial structure
proposed or demanded by the City shall be deemed a “Feasibility Change Request”. The
Developer shall have the sole right to approve or deny the request if the City makes a
Feasibility Change Request, except that, in the event that the City provides additional funding
to cover the costs associated with such Feasibility Change Request, Developer’s approval
shall not unreasonably withheld. Rejection of the Feasibility Change Request shall be made
in writing within fifteen (15) days of Developer’s receipt of the Feasibility Change Request
(the “Feasibility Rejection Period”). Termination under this paragraph shall be subject to
Section 4.3(d) to the extent Developer has denied the Feasibility Change Request and the City
reiterates its demand with the Feasibility Change Request notwithstanding the denial (and the
City’s inability or unwillingness to provide additional funding).
ARTICLE III
LAND USE APPROVALS; PERMITTING; CONSTRUCTION
Section 3.1. Land Use Approvals. A planned development (PD) zoning was approved
by the Aspen City Council in City of Aspen Ordinance #10, (Series of 2023). As a City of Aspen
Planned Development (PD), the Project documentation includes the following documents which
memorialize the PD: (1) the PD plan set, (2) the subdivision plat, and (3) the PD agreement
(collectively, the “PD Documents”). Subject to the provisions of this Article III, Developer shall
use best efforts to comply with the PD Documents.
(a) PD Modifications. Developer may reasonably seek to modify the PD Documents,
in accordance with the City of Aspen Land Use Code, if necessary to make the Project
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financially feasible, or to improve the living conditions of future residents (a “PD Objection”).
The parties agree and acknowledge that to the extent Developer learns of a building,
operational, or financial feasibility issue, the Developer will promptly inform City staff (and
its advisers and consultants) (the “City Lumberyard Development Team”) of such issue prior
to any formal submission of a requested modification to the PD Documents (any such issue,
a “PD Feasibility Objection”). City Lumberyard Development Team will expeditiously
consider input of planning consultations, architects, landscape designers, and engineers, to
determine whether to accept or reject the PD Objection and/or a PD Feasibility Objection
(which Developer acknowledges and agrees is not sufficient to modify the PD Documents,
such modification to be completed in accordance with the then-applicable City of Aspen Land
Use Code). If the City Lumberyard Development Team rejects the modifications proposed by
the Developer, then the Developer and the City Lumberyard Development Team shall have
thirty (30) days to mutually agree to acceptable changes to the PD Documents (which, for the
avoidance of doubt, would still require City approval in accordance with the City of Aspen
Land Use Code). If the City Lumberyard Development Team and Developer cannot agree to
PD modifications, then Developer shall have the right to terminate pursuant to Section 4.3(c).
(b) Changes to financing or financial assistance to the Developer based on changes to
cure a PD Objection or a PD Feasibility Objection shall be reviewed during the Budget
Review Period.
(c) City Cooperation. The City will reasonably cooperate with Developer in
processing the applications for modified PD Documents or other land use approvals in connection
with the Project. This section does not obligate the City to make any application on behalf of
Developer, bear responsibility for gaining approvals or removing zoning conditions for the
Project or alleviating Developer's obligations under Section 3.1(a). The parties acknowledge
that land use and development approvals for the Project involve legislative and quasi-judicial
processes with final decision making authority being vested within the discretion of the
approving governing board, including the City Council, and that the City is not representing
or agreeing that any approvals will in fact be given.
Section 3.2. Building and Construction Permits; Fees.
(a) Developer shall comply with all applicable City building codes and construction
requirements and shall be responsible for obtaining all building permits with respect to
demolition and construction of the Project. Developer shall pay the normal and customary City
charges and shall be responsible for obtaining all building permits prior to such construction.
(b) While the Developer will utilize best practices to ensure that project costs are
based on market pricing, no portion of the Project shall be construed as "public construction"
and, as such, Developer shall not be required to comply with Colorado public bidding
requirements.
Section 3.3. Current Site Conditions. In the event Phase 0 infrastructure work
previously completed on the Property cannot be used for the final approved Project, the City
shall be responsible, at its cost, to remove the infrastructure (unless the Developer or its
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designee completed the Phase 0 work, in which case it shall be the Development Entity’s
obligation to pay for such costs).
ARTICLE IV
PROJECT CLOSING
Section 4.1. Due Diligence. Developer shall have eighteen (18) months from the date of
this Agreement to evaluate the Property for development suitability purposes (the “Due Diligence
Period”) and obtain building permits, all at Developer’s expense, subject to such expenses being
included in the Project Budget. During the Due Diligence Period, Developer shall obtain a current
survey of the Property prepared by a licensed surveyor in accordance with the 2021 Minimum
Standard Detail Requirements for ALTA/NSPS Land Title Surveys. Developer shall order, at the
cost of the City, a commitment for the issuance of a leasehold title policy (the “Title Commitment”)
from a qualified title company (including without limitation Fidelity National Title in Denver,
Colorado) (the “Title Company”). The final form of Title Commitment shall evidence that the
leasehold interest in the Property is free and clear of all encumbrances except for municipal
ordinances and agreement entered thereunder, and such other encumbrances approved by the
Developer Entity. The Developer shall have the right to terminate this Agreement during the Due
Diligence Period for any reason or no reason, in the sole discretion of the Developer.
Section 4.2. Property Inspection. During the Due Diligence Period, Developer and its
consultants shall have the right to access the Property to perform investigations to determine the
suitability of the Property for development of the Project. These investigations may include,
without limitation, geotechnical investigations and soil borings and may include Environmental
Site Assessments. If a Phase II Environmental Site Assessment is warranted based on the
recommendation of the Developer’s environmental consultant, then the Developer may reasonably
extend the Due Diligence Period as necessary to obtain the Phase II Environmental Site
Assessment. It is understood that the City has commissioned a cultural resource study, noise study,
air quality study, Phase I ESA, Phase II ESA (and more), and is participating in the CDPHE VCUP
program in an effort to provide a “clean site”. The Developer may have access to all pertinent
reports which the City has commissioned or CDPHE documentation, when available, if the
Developer requests such information of the City in writing, and the Developer will handle any
further study or action which may be needed to facilitate completion of the Project.
Section 4.3. Termination Rights Due to Feasibility Conditions.
(a) Site Diligence. If the City is unable to deliver title in the form required in Section
4.1 due to an act or omission of the City or APCHA that occurs following the date of this
Agreement, or if the City is unable to cause the delivery of an environmental site assessment
showing no recognized environmental conditions, then the Private Developer has the option to
terminate this Agreement and to seek repayment of its out-of-pocket expenses together with a
termination fee of $150,000 to reimburse the Developer for overhead expenditures incurred as a
result of work contemplated on the Project prior to the date of such termination. For the
avoidance of doubt, if a prior existing encumbrance is on the Title Commitment and cannot be
cleared, then Developer shall only have the right to terminate pursuant to Section 4.1 .
Developer’s proposal for development of the Property assumes a “clean” site. If Developer’s
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investigations reveal the existence of environmental conditions that will require remediation work
on the Property in order to create a clean site that is suitable for residential development purposes,
then the City may in its discretion remove the subject Property from the Project, terminate this
Agreement, or complete the required remediation work prior to the Closing. If remediation is
required, and if the City agrees to go forward with the remediation, then it should be pursued as
a project cost.
(b) Referendum. In the event the City’s referendum related to the Project does not
pass (or if the City does not seek the referendum contemplated herein) on or before December 1,
2025, then the City may elect to proceed with funding the Project through alternative methods
reasonably acceptable to Developer, or the City may choose to proceed with a reduced scope for
the Project and, in either event, the City shall provide written notice to the Developer of the same,
and the parties shall work in good faith to negotiate an amendment to this Agreement to effectuate
such changes, along with reasonable extensions of timelines. In the event the City’s referendum
related to the Project does not pass (or if the City does not seek the referendum contemplated
herein) on or before December 1, 2025 and the City elects to not move forward with the Project
or with a reduced scope of the Project, this Agreement shall terminate and the Developer may
seek repayment of its out-of-pocket expenses, and shall receive a termination fee of $300,000 to
reimburse the Developer for overhead expenditures incurred as a result of work completed on the
Project prior to the date of such termination.
(c) PD Feasibility Objection or PD Objection. In the event of a PD Feasibility
Objection or a PD Objection, to which the City does not consent or approve of changes in the
PD, the Private Developer has the option to terminate this Agreement and to seek repayment of
its out-of-pocket expenses; provided, however, Developer shall not be entitled to a termination
fee upon a termination arising solely due to a PD Feasibility Objection or a PD Objection.
(d) Feasibility Change Request. In the event of a Feasibility Change Request, to
which the Developer does not consent or approve (subject to Section 2.4(c)), the Developer has
the option to terminate this Agreement and to seek repayment of its out-of-pocket expenses
together with a termination fee of $25,000 per month beginning on the Effective Date until the
end of the Feasibility Rejection Period, which termination fee shall reimburse the Developer for
overhead expenditures incurred as a result of work completed on the Project prior to the date such
Feasibility Change Request.
(e) Economic and Political Conditions. The parties agree and acknowledge that
various volatile elements may impact the ability of the Developer to complete the Project, which
elements include, without limitation, inflationary pressures, stagflation, interest rate increases,
attacks on the rule of law, tariffs on imports from historical allies, realigned international
relations, an obligation to deploy cryptocurrency, an obligation to use electronic funding tools
not wholly owned or controlled by the U.S. and not in widely in use as of February 2025, bans or
embargoes on use of certain proceeds, the Federal government failing to provide funds that are
contemplated in the financial stack, or any other destabilizing event outside the control of the
Developer or the City. In the event of any such event, the Developer may elect to terminate this
Agreement and to seek repayment of its out-of-pocket expenses provided, however, Developer
shall not be entitled to a termination fee upon a termination arising solely due to events described
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in this paragraph.
(f) All payment obligations of the City under this Section are subject to annual
appropriation by the City Council.
Section 4.4. General Financial Closing Requirements.
(a) Developer and the City shall cooperate in the performance of certain actions
including, but not limited to, executing and delivering, as applicable, the following documents,
or otherwise obtain necessary approvals as stated here as a condition to Developer’s obligation
to undertake construction of Project.
i. That all final zoning approvals have been obtained and building permits
have been issued.
ii. Private Funding has been secured and all conditions related to the Private
Funding have been met, as determined in the discretion of the Developer
Entity.
iii. The Construction Contract is executed.
iv. All construction loan terms have been agreed to and the construction
lender, if any, is prepared to begin advancing construction loan proceeds
for Project per the terms of the construction loan.
v. All investors under other funding sources have approved the transaction
and are committed to fund its investment.
vi. The Final Project Budget is approved by the City.
vii. The Ground Lease is executed and in recordable form.
viii. The Deed of Trust is executed and in recordable form.
ix. The Title Company is unconditionally committed to issuing title policies
in an acceptable form to the insured.
(b) The Project may require that certain additional, reasonably required conditions be met,
which shall be communicated by the City to the Developer promptly, and the City
shall cooperate in Developer’s satisfaction of those conditions.
ARTICLE V
RESERVED
ARTICLE VI
REPRESENTATIONS AND WARRANTIES
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Section 6.1. Representations and Warranties by the City. The City represents and
warrants that:
(a) The City is a municipal corporation duly organized and existing under the laws
of the State of Colorado. The City has the power to enter into this Agreement and carry out its
obligations hereunder.
(b) There is not pending, nor to the best of the City's knowledge after due inquiry
is there threatened, any suit, action or proceeding against the City before any court, arbitrator,
administrative agency or other governmental authority that materially and adversely affects the
validity of any of the transactions contemplated hereby, the ability of the City to perform its
obligations hereunder, or the validity or enforceability of this Agreement.
Section 6.2. Representations and Warranties by the Developer. Developer
represents and warrants that, as of the Effective Date, Developer:
(a) is a limited liability company organized and validly existing under the laws of
the State of Wisconsin and authorized to transact business in the State of
Colorado.
(b) has duly authorized the execution of this Agreement and the performance of its
obligations hereunder, and neither the execution and delivery of this Agreement,
the consummation of the transactions contemplated hereby, nor the fulfillment
of or compliance with the terms and conditions of this Agreement, is prevented,
limited by or conflicts with or results in a breach of, any indebtedness,
agreement or instrument of whatever nature to which Developer is now a party
or by which it is bound, or constitutes a default under any of the foregoing.
(c) There are no pending or threatened legal proceedings of which Developer has
knowledge which seek to restrain or enjoin the transactions contemplated by this
Agreement or which question the authority of Developer to execute and deliver
this Agreement or the validity of this Agreement.
ARTICLE VII
EVENTS OF DEFAULT
Section 7.1. Notice and Opportunity to Cure. Whenever any party to this Agreement
alleges a default by the other, the party alleging the default shall provide written notice to the other
specifying the nature of the default and the actions necessary to cure the default. Subject to
reasonable unavoidable delays, if the alleged default is not cured within thirty (30) days after the
defaulting party's receipt of such notice, the non-defaulting party may take any one or more of the
actions set forth below:
(a) The non-defaulting party may suspend its performance under this Agreement
until it receives assurances from the defaulting party that the defaulting party will cure its default
and continue its performance under this Agreement.
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(b) The non-defaulting party may cancel and terminate this Agreement.
(c) Take whatever action, including legal, equitable or administrative action, which
may appear necessary or desirable to the non-defaulting party, including any actions to collect any
payments due under this Agreement or to pursue any claims for monetary damages at law or to
enforce performance and observance of any obligation, agreement, or covenant by the defaulting
party under this Agreement.
The non-defaulting party may elect to take no such action, notwithstanding an event of
default not having been cured within said thirty (30) day period. No notice of such election by
the non- defaulting party shall be required.
Section 7.2. No Remedy Exclusive. No remedy hereunder is intended to be exclusive
of any other available remedy or remedies, but each and every such remedy shall be cumulative
and shall be in addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity. No delay or omission to exercise any right accruing upon any default
shall impair any such right or shall be construed to be a waiver thereof, but any such right may be
exercised from time to time and as often as may be deemed expedient.
Section 7.3. No Implied Waiver. In the event any provision contained herein should be
breached by any party and thereafter waived by the other party, such waiver shall be limited to the
particular breach so waived and shall not be deemed a waiver of any rights or remedies which the
non-breaching party shall have and shall not be deemed a waiver of any subsequent default of any
such terms, conditions and covenants to be performed hereunder.
Section 7.4. Duty to Provide Information. Each party shall have the obligation to
communicate information upon the reasonable request of the other party where the information
can reasonably be deemed necessary to ensure performance under this Agreement. Failure to
comply with this section may be deemed a default under this Article VII. This section shall not
apply to communications that are subject to attorney-client privilege or any other recognized
privilege under the law, this section shall not apply to any legal actions by either party arising
under separate statutes or contracts (including the Exhibits).
ARTICLE VIII
ADDITIONAL PROVISIONS
Section 8.1. Amendments; Incorporation of Exhibits. As the parties continue work on
the pre-development activities contemplated herein and prepare the various agreements
referenced above in connection with the design, development, and financing of the Project, the
parties will amend this Agreement to incorporate additional details, terms and conditions and the
various agreements referenced above may be appended as exhibits to this Agreement. The
parties may amend this Agreement, including but not limited to extending any deadlines, only
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by a written document agreed to by the parties.
Section 8.2. Consents and Approvals; Good Faith. Except for matters for which there
is a standard of discretion specifically set forth herein, wherever this Agreement provides for a
determination, decision, selection, consent, approval, acceptance, adoption, satisfaction, or
other action, the parties hereto shall exercise good faith in undertaking such actions and shall
not unreasonably withhold, condition or delay any determination, decision, selection, consent,
approval, acceptance, adoption, satisfaction or other action that may be necessary to fully
implement the terms of this Agreement. In making any denial, the City’s decision shall be
supported by evidence and shall not be arbitrary and capricious, or done solely for the purpose
of delaying or preventing the Developer from carrying out the Project.
Section 8.3. Conflict of Interests. No official or employee of the City directly working
on this Agreement shall have any personal interest, direct or indirect, in this Agreement, nor
shall any such official or employee participate in any decision relating to this Agreement which
affects his or her personal interests or the interests of any corporation, partnership, or association
in which he or she is, directly or indirectly, interested. No official, or employee of any party to
this Agreement shall be personally liable to any other party, or any of their respective
successors in interest, in the event of any default or breach by a party to this Agreement for
any amount which may become due to any other party on any obligations under the terms of
this Agreement, except in the case of willful misconduct.
Section 8.4. Broker's Commission. The parties acknowledge that no broker's
commission or finder's fee is payable with regard to this transaction. Developer agrees to
indemnify and hold the City harmless from and against all liability, claims, demands, damages,
or costs of any kind arising from or connected with any broker's commission or finder's fee or
other charge claimed to be due any person arising from the indemnifying party's conduct with
respect to this transaction.
Section 8.5. Titles of Articles and Sections. Any titles of the several parts, Articles
and Sections of this Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 8.6. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under this Agreement by either party to
the other shall be sufficiently given or delivered if it is dispatched by registered or certified
mail, postage prepaid, return receipt requested, transmitted by facsimile, delivered by a
recognized overnight carrier, or delivered personally to the following addresses:
If to Developer: Gorman & Company, LLC
Attn: Colorado Market President
200 N. Main Street
Oregon, WI 53703
With a copy to: Reinhart Boerner Van Deuren s.c.
Attn: William R. Cummings
1000 N. Water Street, Suite 1700
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Milwaukee, WI 53202
If to City: The City of Aspen
Attn: Affordable Housing Development Senior
Project Manager
427 Rio Grande Place
Aspen, CO 81611
With a copy to: Butler Snow
Attn: Dalton L. Kelley
1801 California Street, Suite 5100
Denver, CO 80202
City Attorney
427 Rio Grande Place
Aspen, CO 81611
Section 8.7. Counterparts. This Agreement may be executed in counterparts, each of
which shall constitute one and the same instrument.
Section 8.8. No Third-Party Beneficiaries. It is the intention of the parties to this
Agreement that no person who is not a party signatory to this Agreement shall, under a third
party beneficiary theory or otherwise, have any rights or interests hereunder as against the City,
and no such other party shall have standing to complain of the City's exercise of, or alleged
failure to exercise, its rights and obligations, or of its performance or alleged lack thereof, under
this Agreement.
Section 8.9. Adequate Consideration. The parties acknowledge and agree that this
Agreement is intended to be binding and enforceable and each party waives any right to challenge
the enforceability of this Agreement based on discretion afforded either party in evaluating the
fulfillment of certain conditions precedent to the Closing. Each party covenants and agrees to act
diligently and expeditiously, and to exercise good faith, in seeking to satisfy such contingencies.
The City acknowledges that this Agreement requires Developer to commit time and resources
in pursuing the Project and that such expenditures constitute good and sufficient consideration to
City for entry into this Agreement. Furthermore, the parties agree that, upon satisfaction or
waiver of the last of the contingencies set forth herein, this Agreement shall be deemed affirmed
without inclusion of such contingencies.
Section 8.10. Colorado Law. This Agreement shall be deemed to have been made in
the State of Colorado and its validity, construction, performance, breach and operation shall be
governed by the laws of the State of Colorado.
Section 8.11. Severability. If any term or provision of this Agreement or the application
thereto to any person or circumstance, shall, to any extent, be held invalid, unlawful or
otherwise unenforceable, the remainder of this Agreement, or the application of such term or
provisions to the persons or circumstances other than those as to which it is invalid, unlawful
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or otherwise unenforceable shall not be affected thereby and every other term and provision of
this Agreement shall be valid and be enforced to the fullest extent permitted by law.
Section 8.12. Assignment. Developer shall have the right to assign this Agreement, or
contracts arising hereunder to an affiliate of the Developer or the Development Entity without
consent of the City.
Section 8.13 Media Relations. The City and the Developer each acknowledge that
they are entering into a partnership with one another. Without limiting free speech rights, the
Developer and the City each agree that it will not participate in social media comments on
public pages, interviews in media outlets, or personal posts that are meant to or have the explicit
effect of disparaging one another. Rather, to the extent the parties have an issue that requires
attention, the parties will work together in good faith, with open communication, to resolve
such matters in a professional way. Although the City may not require the Developer to engage
in specific media relations, the Developer may create its own media strategy related to the
development and operation of the Project. Notwithstanding the forgoing, the parties recognize
that nothing herein is intended to affect the rights of elected or appointed City officials from
discussing this project in any public forum, in any manner they deem appropriate.
Section 8.14 City Payment Obligations All payment obligations of the City under this
Agreement are subject to annual appropriation by the City Council, and this Agreement does
not constitute a general obligation, other indebtedness or a multiple fiscal year financial
obligation of the City within the meaning of any constitutional, statutory or Charter debt
limitation.
ARTICLE IX
TERMINATION OF AGREEMENT
Section 9.1. Termination.
(a) Prior to Closing, either party may choose to abandon the Project and terminate this
Agreement during the Due Diligence Period. If the termination is due to an event
set forth in Section 4.3, then that section shall govern the termination.
(b) If the termination is for convenience, then (A) if it is initiated by the Developer or
if it is mutual, then the Developer shall be entitled to reimbursement of its out of
pocket expenses but shall not receive a termination fee and, upon reimbursement of
the Developer’s out of pocket expenses, the City shall own all plans and
specifications, drawings and designs for the Project and shall be permitted to use
the same with unlimited license; and (B) if it is initiated by only the City, then the
Developer shall be entitled to reimbursement of its out of pocket expenses and a fee
equal to $50,000 per month from the date hereof to the month of the termination by
the City for convenience upon reimbursement of the Developer’s out of pocket
expenses and the applicable fee, the City shall own all plans and specifications,
drawings and designs for the Project and shall be permitted to use the same with
unlimited license. For the avoidance of doubt, “out of pocket” expenses as used
herein shall include expenses to affiliated architectural entities, including, without
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limitation, Gorman Architectural, LLC.
(c) City Ownership of Plans. Upon payment of any out of pocket fees and termination
fees due under this Section 9.1(c). all plans and specifications, drawings and designs
for the Project shall be and remain the property of the City to use with unlimited
license.
Section 9.2. Authority. Each of the undersigned individuals signing this Agreement
represent and warrant that they have the power and authority to sign this Agreement on behalf
of the entity they represent.
(Signatures begin on next page.)
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first written above.
GORMAN & COMPANY, LLC
By: _____________________________________
Brian Swanton, President
CITY OF ASPEN
By: ________________________________________
Pete Strecker, Interim City Manager
Attest:
By: ________________________________________
Nicole Henning, Clerk
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LUMBERYARD AFFORDABLE HOUSING SUBDIVISION, A PARCEL OF LAND
SITUATED SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PM
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
Including, but not limited to, the following parcels:
LUMBERYARD AFFORDABLE HOUSING SUBDIVISION Parcel 1A
LUMBERYARD AFFORDABLE HOUSING SUBDIVISION Parcel 1B
LUMBERYARD AFFORDABLE HOUSING SUBDIVISION Parcel 1C
LUMBERYARD AFFORDABLE HOUSING SUBDIVISION Parcel 1D
LUMBERYARD AFFORDABLE HOUSING SUBDIVISION Parcel 2A
LUMBERYARD AFFORDABLE HOUSING SUBDIVISION Parcel 2B
LUMBERYARD AFFORDABLE HOUSING SUBDIVISION Parcel 3
LUMBERYARD AFFORDABLE HOUSING SUBDIVISION Parcel 4
LUMBERYARD AFFORDABLE HOUSING SUBDIVISION Parcel 5
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EXHIBIT B
PROPERTY DEPICTION
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EXHIBIT C
GROUND LEASE TERMS
i. Commencement date of the Ground Lease will occur at the “Project Closing” (as defined
below) after all funding approvals for the project have been obtained and the construction is
ready to commence.
ii. Initial term of 40 years with an option for the Project Entity to extend the term by one
additional 20 year term.
iii. Nominal rent of $10.00 per year (or paid upfront in one lump sum for the entire initial
term).
iv. The Development Entity, as the tenant under the Ground Leases, will be the owner of all
the improvements existing or constructed on the Property, while public right of way (ROW) and
transit facility (and any public plaza may be subject to an easement in favor of the public) will be
owned by the City.
v. The Development Entity, as the tenant, will be responsible for all operating and
ownership costs for the Property, including the public plaza, and in such capacity may put
reasonable, constitutionally valid limitations on the Project and public plaza spaces, except with
respect to space on which any battery storage facilities (used to assist in the maintenance of the
City’s 75% “design to” Net Zero goal).
vi. The City will have an option to purchase the Project from the Development Entity and a
right of first refusal in compliance with all funding source program requirements. The option will
arise at the end of an initial 15-year period commencing after the Project converts to its
permanent financing. The purchase price under the option will be equal to the greater of (I) fair
market value of the Project less (A) the City’s then-current capital account (i.e., the City’s capital
contribution less any distributions received by the City as a result of its ownership of the
Development Entity plus any additional contributions made by the City), plus (a) assumption of
all indebtedness or repayment thereof (provided, however, any City Loan outstanding at the time
of such exercise by the City shall be disregarded in this calculation), plus (b) repayment to third
party investors for the Project on such terms and conditions as is set forth in the Development
Entity’s organizational documents or side agreements with any such investors; plus (c) any
amounts owed by the Development Entity to the Developer or to its affiliates as set forth in
writing as of the date of the acquisition, plus (d) 10% of the fair market value as a disposition fee
to the Developer; or (II) the sum of: (a) all outstanding indebtedness and accrued but unpaid
interest owed to lender(s) (other than the City), (b) repayment to third party investors for the
Project on such terms and conditions as is set forth in the Development Entity’s organizational
documents or side agreements with any such investors (but not including any required repayment
to the City, which would be disregarded for this calculation); (c) the amount of all so-called “exit
tax” obligations that will be incurred by the Development Entity or its members as a result of the
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City exercising the option, (d) any amounts owed by the Development Entity to the Developer or
to its affiliates as set forth in writing as of the date of the acquisition, and (e) funding of reserves
as is required to ensure a healthy operating Project. The Development Entity and the Developer
will use commercially reasonable efforts (with no guaranty) to prevent the participants in the
Development Entity from having negative capital account balances. The capital accounts will be
monitored. The Developer will produce downstream capital account projections as part of the
budgeting process for the Project. For the avoidance of doubt, any portion of reserve accounts
funded by the City and not otherwise accounted for in the formulas above shall be treated as
being added to any “City Loan outstanding” solely for purposes of the formula calculations
above.
vii. To the extent feasible given the requirements of the other lender(s), the City will be given
notice and cure rights with respect to any defaults by the Development Entity under its loan from
the senior lender for the Project. The City will also have curative rights as the special limited
partner/member in the Development Entity in order to prevent defaults from occurring under the
senior loan. The City and the Developer acknowledge that the senior lender (for the construction
phase and permanent financing phase) and/or any loan insurer will have its own requirements
with respect to the Ground Lease to protect its interests in the event of a default by the Project
Entity as the tenant, but the City will not be required to accept such requirements to the extent
such requirements impact the City’s fee interest in the Property.
viii. Upon the termination of the Ground Lease set forth above, all improvements on the
property existing or constructed shall become the property of the City. This shall include but is
not limited to any and all fixtures and personal property owned by the Development Entity
within buildings and individual units and any infrastructure within the development installed by
the City or the Development Entity.
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EXHIBIT D
AFFORDABLE HOUSING RESTRICTIONS
The Property will be made subject to the following restrictions recorded in the real estate records
of Pitkin County in forms approved by the City:
i. A perpetual “Occupancy Deed Restriction and Agreement” for the benefit of APCHA
and the City based on the form used by APCHA, but with some special provisions to avoid
conflicts with the terms of other funding sources and to clarify certain restrictions. This deed
restriction will be non-subordinated and will not be subject to termination as the result of any
foreclosure by any lender for the Project.
ii. It is the intention of the City of Aspen that tenant qualification, priorities, rents, incomes
and tenant selection process be based on the APCHA Regulations and priority specifications of
the City Council, and APCHA maintains approval over means and methods for income
verification process. The City’s priorities for tenant selection should be documented by a
resolution, on or about a date that is approximately 6 months from the date hereof (such tenant
selection to baked into a draft use covenant, agreed to in form and substance by the City and the
Developer). APCHA may choose to qualify applicants or APCHA may require Developer to
qualify applicants. If Developer qualifies applicants, all qualification documentation for all
applicants must be available via electronic file sharing for APCHA to audit, whether APCHA
chooses to audit 100% or some lesser percentage at APCHA’s discretion. Unless otherwise
defined, tenant selection process will be performed by lottery for initial lease up and for unit
turnover. Developer and the City will collaborate to work together with APCHA to define the
necessary processes, and how to manage processing of certain exceptions, to be executed within
6 months of the date hereof. The City maintains the right to create agreements with area
employers permitting qualified tenants selected by said area employers to have priority for up to
some maximum percentage (to be determined) of the units in any phase of the Project. This
maximum cap will also be documented by resolution within 6 months. The contours of such
restrictions will be established as part of the draft use covenant; provided, however, that the City
may enter into separate agreements with employers from time to time (and will provide notice to
the Developer promptly thereafter). Any tenant occupying units must qualify pursuant to the
Occupancy Deed Restriction and Agreement (and any other such negotiated use covenants
related to the Project), and any such tenant’s rent is contemplated to be payable to the
Development Entity (akin to any other tenant). Developer acknowledges the City may charge
fees or otherwise generate income in entering into such agreements, which the City may use for
its own purposes.
iii. Restrictions may be imposed by other funding program requirements and are typically for
a 15-year compliance period and a 15-year extended-use period. The Developer and the City
should collaborate such that any additional restrictions should be placed such that they do not
effectively impose income and rent restrictions which differ from the APCHA Regulations. For
example, using APCHA income levels with APCHA rents, where the net result of all restrictions
is such that the requirement is that the Private Developer must comply with all restrictions,
which will necessitate complying with the most stringent applicable requirements (i.e. APCHA
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v. CHFA/HUD).
iv. Reserve Study. As part of the Project’s initial operating budget, the Developer will ensure
the establishment of a replacement reserve account that will be used to fund replacements at the
Project. The initial replacement reserve is contemplated to be $350 per unit per year. Upon the
five-year anniversary of substantial completion of construction, the Developer will commission a
reserve study for the Project by a qualified reserve analysis professional. The study should
include a physical inspection and inventory of all facilities outside the unit interiors which the
Developer is responsible for maintaining and a visual inspection of those elements to determine
their existing condition.
The study should include a financial analysis with an evaluation of estimated remaining life and
estimates of future major repair and replacement costs for components which Private Developer
is responsible. Projected future reserve needs should be compared to existing reserves, and
recommendations should be included as to the adequacy of the existing reserve balance and
existing reserve savings plan or otherwise recommendations on adjustments to the amount of
reserves to be set aside in order to adequately fund the reserve.
The initial reserve study shall be submitted to the City upon the 5-year anniversary of
construction completion, and the reserve study shall be updated and submitted to the City every 5
years along with the reserve account balance, report of annual amounts set aside into the reserve,
and accounting for any capital repairs completed.
179
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City of Aspen Attorney
Kate Johnson
Signature
6/30/2025 | 6:43:56 PM PDT
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Line Item Unit Quantity Unit Price Total Price
Mobilization and Demobilization LS 1 108,000.00$ 108,000.00$
Traffic Control LS 1 41,000.00$ 41,000.00$
Erosion and Sediment Control Plan and ManagementLS 1 14,000.00$ 14,000.00$
Manhole Replacement EACH (if needed)1 22,000.00$ 22,000.00$
Pre- and Post-Installation CCTV Inspection LF 1023 5.00$ 5,115.00$
Dewatering Cost LS 1 43,000.00$ 43,000.00$
Site Preparation LS 1 8,300.00$ 8,300.00$
Point Repairs LS 1 13,000.00$ 13,000.00$
Bonds LS 1 6,400.00$ 6,400.00$
36" x 60" RCP Lining Material [UV CIPP]LF 65 750.00$ 48,750.00$
48" RCP Lining Material [UV CIPP]LF 363 350.00$ 127,050.00$
54" CMP Lining Material [UV CIPP]LF 523 500.00$ 261,500.00$
60" CMP Lining Material [UV CIPP]LF 71 600.00$ 42,600.00$
48" RCP Lining Material [CCCP]LF 69 490.00$ 33,810.00$
MILL ST SUBTOTAL 774,525.00$
Aspen St [FALL 2025]
Line Item Unit Quantity Unit Price Total Price
Mobilization and Demobilization LS 1 68,000.00$ 68,000.00$
Traffic Control LS 1 6,200.00$ 6,200.00$
Erosion and Sediment Control Plan and ManagementLS 1 5,000.00$ 5,000.00$
Manhole Replacement EACH (if needed)1 18,250.00$ 18,250.00$
Pre- and Post-Installation CCTV Inspection LF 303 5.00$ 1,515.00$
Dewatering Cost LS 1 4,500.00$ 4,500.00$
Site Preparation LS 1 1,300.00$ 1,300.00$
Point Repairs LS 1 13,000.00$ 13,000.00$
Bonds LS 1 1,700.00$ 1,700.00$
30" CMP Lining Material LF 309 350.00$ 108,150.00$
ASPEN ST SUBTOTAL 227,615.00$
MILL ST & ASPEN ST TOTAL 1,002,140.00$
Mill St [FALL 2025]
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Line Item Unit Quantity Unit Price Total Price
Mobilization and Demobilization LS 1 74,000.00$ 74,000.00$
Traffic Control LS 1 18,000.00$ 18,000.00$
Erosion and Sediment Control Plan and Management LS 1 5,000.00$ 5,000.00$
Manhole Replacement EACH (if needed)1 18,250.00$ 18,250.00$
Pre- and Post-Installation CCTV Inspection LF 873 5.00$ 4,365.00$
Dewatering Cost LS 1 8,500.00$ 8,500.00$
Site Preparation LS 1 1,300.00$ 1,300.00$
Point Repairs LS 1 13,000.00$ 13,000.00$
Bonds LS 1 2,700.00$ 2,700.00$
24" CMP Lining Material LF 873 200.00$ 174,600.00$
ALLOWANCE ( ANTICIPATED L, E, SUB & MAT INCREASE (4%)LS 1 12,788.60$ 12,788.60$
TOTAL 319,715.00$
TOTAL W/ 4%332,503.60$
Koch Park [FALL 2026]
American West Construction, LLC (AWC) anticipates an increase in labor, equipment, material, and
subcontractor costs for work to be performed in the Fall of 2026. To account for these expected cost
increases, AWC proposes an allowance of 4% of the overall contract value. Additionally, AWC’s markup
rate on the increased subcontractor and material costs will be 15%.
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STANDARD CONTRACT FOR CONSTRUCTION2025-063 Stormpipe Lining Project
THIS CONTRACT, made and entered into on the 16th of June, 2025, by andbetween the CITY OF ASPEN, Colorado, hereinafter called the “City”, andAmerican West Construction, LLC hereinafter called the “Contractor”.
THEREFORE, in consideration of the mutual covenants and Contracts hereincontained, and for other good and valuable consideration, the receipt andadequacy of which are hereby acknowledged, the parties hereto hereby agree asfollows:
1. Construction of Project. Contractor agrees to furnish all labor, materials,tools, machinery, equipment, temporary utilities, transportation, and any otherfacilities needed therefor, and to complete in a good, workmanlike andsubstantial manner the Project as described in the Scope of Work and/orProposal appended hereto as Exhibit “A”which is incorporated herein as if fullyset forth (the “Project”).
2. Plans and Specifications, Compliance with Laws. The Project is to beconstructed and completed in strict conformance with the Scope of Work and/orProposal appended hereto for the same approved in writing by the parties hereto.The Project shall also be constructed and completed in strict compliance with alllaws, ordinances, rules, regulations of all applicable governmental authorities,and the City of Aspen Procurement Code, Title 4 of the Municipal Code, includingthe approval requirements of Section 4-08-040. Contractor shall apply for andobtain all required permits and licenses and shall pay all fees therefor and allother fees required by such governmental authorities.
3. Payments to Contractor. In consideration of the covenants and Contractsherein contained being performed and kept by Contractor, including thesupplying of all labor, materials and services required by this Contract, and theconstruction and completion of the Project, City agrees to pay Contractor a sumnot to exceed ($1,002,140.00) DOLLARS in 2025 and an additional($332,503.60) in 2026 to be confirmed by City of Aspen early 2026, or as shownonExhibit “A”Payments due in 2026 shall be conditioned upon annualappropriations by City Council as set forth in below paragraph 33.
4. Commencement and Completion. Contractor agrees to commence workhereunder immediately upon execution hereof, to prosecute said work thereafterdiligently and continuously to completion, and in any and all events to
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substantially complete the same not later than June 15th, 2026 for Mill Street andAspen Street, and Fall 2026 for Koch Park to be confirmed by City of Aspen early2026, subject to such delays as are permissible under the “Extension of Time forCompletion” section of this Contract.
5. Payment of Bills and Charges. Contractor shall pay promptly all valid billsand charges for material, labor, machinery, equipment or any other service orfacility used in connection with or arising out of the Project and shall obtainperiodic releases from all subcontractors and material suppliers supplying laboror materials to the Project concurrently with Contractor's delivering any paymentto such subcontractors and material suppliers. Contractor shall indemnify andhold City and City's officers, employees, agents, successors and assigns freeand harmless against all expenses and liability suffered or incurred in connectionwith the claims of any such subcontractors or material suppliers, including but notlimited to court costs and attorney's fees resulting or arising therefrom; providedthat Contractor shall be excused from this obligation to the extent that City is inarrears in making the payments to Contractor. Should any liens or claims of lienbe filed of record against the Property, or should Contractor receive notice of anyunpaid bill or charge in connection with construction of the Project, Contractorshall immediately either pay and discharge the same and cause the same to bereleased of record, or shall furnish City with the proper indemnity either by titlepolicy or by corporate surety bond in the amount of 150% of the amount claimedpursuant to such lien.
6.Releases. Contractor shall, if requested by City, before being entitled toreceive any payment due, furnish to City all releases obtained fromsubcontractors and material suppliers and copies of all bills paid to such date,properly receipted and identified, covering work done and the materials furnishedto the Project and showing an expenditure of an amount not less than the total ofall previous payments made hereunder by City to Contractor.
7.Hierarchy of Project Documents.This Contract and the Proposal orScope of Work appended hereto as Exhibit “A”are intended to supplement oneanother. Contract Documents shall also include General Conditions forConstruction Contracts and Special Conditions appended hereto. However, incase of conflict this Contract for Construction shall control.
8. Changes in the Work. Should the City at any time during the progress ofthe work request any modifications, alterations or deviations in, additions to, oromissions from this Contract or the Proposal/Scope of Work, it shall be at libertyto do so, and the same shall in no way affect or make void this Contract; but theamount thereof shall be amortized over the remaining term of this Contract andadded to or deducted, as the case may be, from the payments set forth inParagraph 3 above by a fair and reasonable valuation, based upon the actualcost of labor and materials. This Contract shall be deemed to be completedwhen the work is finished in accordance with the original Proposal or Scope ofWork as amended or modified by such changes, whatever may be the nature orthe extent thereof. The rule of practice to be observed in fulfillment of this
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paragraph shall be that, upon the demand of either City or Contractor, thecharacter and valuation of any or all changes, omissions or extra work shall beagreed upon and fixed in writing, signed by City and Contractor, prior toperformance.
9. Contractor's Failure to Perform. Should Contractor, at any time during theprogress of the work, refuse or fail to supply sufficient material or workmen forthe expeditious progress of said work or fail to perform any other provisions ofthis Contract, City may, upon giving notice in writing to Contractor as providedherein and upon Contractor's failure to remedy any such failure within 7 daysfrom receipt of such notice, terminate this Contract and provide the necessarymaterial and workmen to finish the work and may enter upon the Property forsuch purpose and complete said work. The expense thereof shall be deductedfrom the payments remaining under Paragraph 3 above, or if the total cost of thework to City exceeds the amount of such remaining payments, Contractor shallpay to City upon demand the amount of such excess in addition to any and allother damages to which City may be entitled. In the event of such termination,City may take possession of all materials belonging to Contractor upon oradjacent to the Property upon which said work is being performed and may usethe same in the completion of said work. Such termination shall not prejudice orbe exclusive of any other legal rights which City may have against Contractor.
10. Extension of Time for Completion. Time is of the essence of this Contractand Contractor shall substantially complete the work during the time provided forherein. However, the time during which Contractor is delayed in said work by (a)the acts of City or its agents or employees or those claiming under Contract withor permission from City, or (b) the acts of God which Contractor could not havereasonably foreseen and provided against, or (c) unanticipated stormy orinclement weather which necessarily delays the work, or (d) any strikes, boycottsor obstructive actions by employees or labor organizations and which are beyondthe control of Contractor and which it cannot reasonably overcome, or (e) thefailure of City to make progress payments promptly, shall be added to the timefor completion of the work by a fair and reasonable allowance. Contractorrecognizes, however, that the site of the work is in the Rocky Mountains at a highelevation where inclement whether conditions are common. This fact has beenconsidered by Contractor in preparing its Proposal and or agreeing to the Scopeof Work. Furthermore, Contractor shall have the right to stop work if anypayment, including payment for extra work, is not made to Contractor asprovided in this Contract. In the event of such nonpayment, Contractor may keepthe job idle until all payments then due are received.
11. Unforeseen Conditions. It is understood and agreed that Contractor,before incurring any other expenses or purchasing any other materials for theProject, shall proceed to inspect the work site and all visible conditions and thatif, at the time of inspection therefor, the Contractor finds that the proposed workis at variance with the conditions indicated by the Proposal, Scope of Work, orinformation supplied by City, or should Contractor encounter physical conditionsbelow the surface of the ground of an unusual nature, differing materially from
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those ordinarily encountered and generally recognized as inherent in work of thecharacter provided for in this Contract or inherent in a work site located in theRocky Mountains, Contractor shall so notify City, and City shall at that time havethe right and option to immediately cancel and terminate this Contract or toinstruct Contractor to continue the work and add the additional amountattributable to such unforeseen conditions to the payments due Contractor as setforth above.
It is agreed that in the event of any cancellation by City in accordance with thissection, Contractor shall be paid the actual costs of the work done prior to thetime of cancellation. In computing such costs, building permit fees, insuranceand such financing and title charges as are not refundable shall be included;provided that supervision time, office overhead and profit shall not be included insuch costs to be refunded to Contractor by reason of such cancellation.
12. Acceptance by City. No payment hereunder nor occupancy of saidimprovements or any part thereof shall be construed as an acceptance of anywork done up to the time of such payment or occupancy, but the entire work is tobe subject to the inspection and approval of City at the time when Contractornotifies City that the Project has been completed.
13. Notice of Completion; Contractor's Release. City agrees to sign and file ofrecord within five (5) days after the substantial completion and acceptance of theProject a Notice of Completion. If City fails to so record the Notice of Completionwithin said five (5) day period, City hereby appoints Contractor as City's agent tosign and record such Notice of Completion on City's behalf. This agency isirrevocable and is an agency coupled with an interest. Contractor agrees uponreceipt of final payment to release the Project and property from any and allclaims that may have accrued against the same by reason of said construction.If Contractor faithfully performs the obligations of this Contract on its part to beperformed, it shall have the right to refuse to permit occupancy of any structuresby City or City's assignees or agents until the Notice of Completion has beenrecorded and Contractor has received the payment, if any, due hereunder atcompletion of construction, less such amounts as may be retained pursuant tomutual Contract of City and Contractor under the provisions of Paragraph 3above.
14. Indemnification. Contractor agrees to indemnify and hold harmless the City,its officers, employees, insurers, and self-insurance pool, from and against allliability, claims, and demands, on account of injury, loss, or damage, includingwithout 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 extentand for an amount represented by the degree or percentage such injury, loss, ordamage is caused in whole or in part by, the wrongful act, omission, error,contractor error, mistake, negligence, or other fault of the Contractor, anysubcontractor of the Contractor, or any officer, employee, representative, or agentof the Contractor or of any subcontractor of the Contractor, or which arises out of
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any workmen's compensation claim of any employee of the Contractor or of anyemployee of any subcontractor of the Contractor. The Contractor agrees toinvestigate, handle, respond to, and to provide defense for and defend against, anysuch liability, claims or demands at the sole expense of the Contractor, If it isdetermined by the final judgment of a court of competent jurisdiction that suchinjury, loss, or damage was caused in whole or in part by the act, omission, or otherfault of the City, its officers, or its employees, the City shall reimburse theContractor for the portion of the judgment attributable to such act, omission, orother fault of the City, its officers, or employees.
Further, to the extent authorized under Colorado law, the City shall indemnify,defend and hold harmless the Contractor to the extent that any claims, damages,or losses are determined to have been caused by the negligent acts or omissionsof the City, its officers, employees, or agents. The parties hereto understand andagree that the City is relying on and does not waive or intend to waive by thisAgreement, any provision, including the monetary limitations or other rights,immunities, and protections provided by the Colorado Governmental ImmunityAct, Colo. Rev. Stat. section 24-10-101, et. seq., as amended from time to time.
15. Insurance.
a. The Contractor agrees to procure and maintain, at its own expense, a policyor policies of insurance sufficient to insure against all liability, claims,demands, and other obligations assumed by the Contractor pursuant to theterms of this Contract. Such insurance shall be in addition to any otherinsurance requirements imposed by this contract or by law. The Contractorshall not be relieved of any liability, claims, demands, or other obligationsassumed pursuant to the terms of this Contract by reason of its failure toprocure or maintain insurance, or by reason of its failure to procure ormaintain insurance in sufficient amounts, duration, or types.
b. Contractor shall procure and maintain and shall cause any subcontractor ofthe Contractor to procure and maintain, the minimum insurance coverageslisted in the Supplemental Conditions. If the Supplemental Conditions do notset forth minimum insurance coverage, then the minimum coverage shall beas set forth below. Such coverage shall be procured and maintained withforms and insurance acceptable to City. All coverage shall be continuouslymaintained to cover all liability, claims, demands, and other obligationsassumed by the Contractor pursuant to the terms of this Contract. In thecase of any claims-made policy, the necessary retroactive dates andextended reporting periods shall be procured to maintain such continuouscoverage.
1.Worker's Compensation insurance to cover obligationsimposed by applicable laws for any employee engaged in the performanceof work under this contract, and Employers' Liability insurance with minimum
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limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONEMILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONEMILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence ofqualified self-insured status may be substituted for the Worker'sCompensation requirements of this paragraph.
2.Commercial General Liability insurance with minimumcombined single limits of TWO MILLION DOLLARS ($2,000,000.00) eachoccurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate.The policy shall be applicable to all premises and operations. The policyshall include coverage for bodily injury, broad form property damage(including completed operations), personal injury (including coverage forcontractual and employee acts), blanket contractual, independentcontractors, products, and completed operations. The policy shall includecoverage for explosion, collapse, and underground hazards. The policy shallcontain a severability of interests provision.
3.Comprehensive Automobile Liability insurance with minimumcombined single limits for bodily injury and property damage of not less thanONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWOMILLION DOLLARS ($2,000,000.00) aggregate with respect to eachContractor's owned, hired and non-owned vehicles assigned to or used inperformance of the services. The policy shall contain a severability ofinterests provision. If the Contractor has no owned automobiles, therequirements of this Section shall be met by each employee of theContractor providing services to the City under this contract.
c. Except for any Contractor Liability insurance that may be required, the policyor policies required above shall be endorsed to include the City of Aspenand the City of Aspen's officers and employees as additional insureds. Everypolicy required above shall be primary insurance, and any insurance carriedby the City of Aspen, its officers or employees, or carried by or providedthrough any insurance pool of the City of Aspen, shall be excess and notcontributory insurance to that provided by Contractor. No additional insuredendorsement to the policy required above shall contain any exclusion forbodily injury or property damage arising from completed operations. TheContractor shall be solely responsible for any deductible losses under anypolicy required above.
d. The certificate of insurance provided to the City of Aspen shall be completedby the Contractor's insurance agent as evidence that policies providing therequired coverage, conditions, and minimum limits are in full force andeffect, and shall be reviewed and approved by the City of Aspen prior tocommencement of the contract. No other form of certificate shall be used.The certificate shall identify this contract and shall provide that the coverageafforded under the policies shall not be canceled, terminated or materially
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changed until at least thirty (30) days prior written notice has been given tothe City of Aspen.
e. In addition, these Certificates of Insurance shall contain the followingclauses:
Underwriters and issuers shall have no right of recovery or subrogationagainst the City of Aspen, it being the intention of the parties that theinsurance policies so effected shall protect all parties and be primarycoverage for any and all losses covered by the above-described insurance.To the extent that the City's insurer(s) may become liable for secondary orexcess coverage, the City's underwriters and insurers shall have no right ofrecovery or subrogation against the Contractor.
The insurance companies issuing the policy or policies shall have norecourse against the City of Aspen for payment of any premiums or forassessments under any form of policy.
Any and all deductibles in the above-described insurance policies shall beassumed by and be for the amount of, and at the sole risk of the Proposer.
Location of operations shall be: "All operations and locations at which workin connection with the referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to theArchitect at least fifteen (15) days prior to a policy's expiration date exceptfor any policy expiring on the expiration date of this Contract or thereafter.
f. Failure on the part of the Contractor to procure or maintain policies providingthe required coverage, conditions, and minimum limits shall constitute amaterial breach of contract upon which City may immediately terminate thiscontract, or at its discretion City may procure or renew any such policy orany extended reporting period thereto and may pay any and all premiums inconnection therewith. All moneys so paid by City shall be repaid byContractor to City upon demand, or City may offset the cost of the premiumsagainst moneys due to Contractor from City.
g. City reserves the right to request and receive a certified copy of any policyand any endorsement thereto.
16. Termination by the Owner for Convenience.
a. In addition to the provisions of termination set forth in the GeneralConditions, the Owner may, at any time, terminate the Contract for theOwner’s convenience and without cause.b.Upon receipt of notice from the Owner of such termination for the Owner’sconvenience, the Contractor shall(1) cease operations as directed by the Owner in the notice.
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(2) take actions necessary, or that the Owner may direct, for theprotection and preservation of the Work.and(3) except for Work directed to be performed prior to the effective date oftermination stated in the notice, terminate all existing subcontracts andpurchase orders and enter into no further subcontracts and purchaseorders.c.In case of such termination for the Owner’s convenience, the Owner shallpay the Contractor for Work properly executed; costs incurred by reasonof the termination, including costs attributable to termination ofSubcontracts; a the termination fee of 10% of remaining value, if any, setforth in the Agreement.
17. Damage or Destruction. If the Project is destroyed or damaged by anyaccident or disaster, such as fire, storm, flood, landslide, earthquake,subsidence, theft or vandalism, which could not reasonably be anticipated andfor which the Contractor could not have mitigated by reasonable preventativemeasures, any work done by Contractor in rebuilding or restoring the work shallbe paid for by City as extra work under Paragraph 8 above. If, however, theestimated cost of replacement of the work already completed by Contractorexceeds twenty (20%) percent of the insured sum set forth in Paragraph 15above, City shall have the option to cancel this Contract and, in such event,Contractor shall be paid the reasonable cost, including net profit to Contractor inthe amount of ten fifteen (15%) percent, of all work performed by Contractorbefore such cancellation.
18. Notices.Any notice which any party is required or may desire to give toany other party shall be in writing and may be personally delivered or given ormade by United States mail addressed as follows:
To City:City of Aspen
Simon Nicol
427 Rio Grande Place
Aspen, Colorado 81611
To Contractor:
American West Construction, LLC275 E. 64th AvenueDenver, CO 80221US
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subject to the right of either party to designate a different address for itself bynotice similarly given. Any notice so given, delivered, or made by United Statesmail, shall be deemed to have been given the same day as transmitted bytelecopier or delivered personally, one day after consignment to overnight courierservice such as Federal Express, or two days after the deposit in the UnitedStates mail as registered or certified matter, addressed as above provided, withpostage thereon fully prepaid.
19. Inspections; Warranties.
a. Contractor shall conduct an inspection of the Project prior to final acceptanceof the work with City.b. Contractor shall schedule and cause to be performed all corrective activitiesnecessitated as a result of any deficiencies noted on the final inspection priorto acceptance. The costs of material and/or labor incurred in connection withsuch corrective activities shall not be reimbursed or otherwise paid toContractor.c. Contractor shall obtain, at City's expense, third party warranty contracts (to beentered into by City).
20. Licensure of Contractor.Contractor hereby represents and warrants toCity that Contractor is duly licensed as a general contractor in the State ofColorado, and if applicable, in the County of Pitkin.
21. Independent Contractor. It is expressly acknowledged and understood bythe parties that nothing in this Contract shall result in or be construed asestablishing an employment relationship. The Contractor shall be, and shall performas, an independent the Contractor who agrees to use his best efforts to provide theWork on behalf of the City. No agent, employee, or servant of the Contractor shallbe, or shall be deemed to be, the employee, agent, or servant of the City. The Cityis interested only in the results obtained under the Contract Documents. Themanner and means of conducting the Work are under the sole control of theContractor. None of the benefits provided by the City to its employees including, butnot limited to, worker's compensation insurance and unemployment insurance, areavailable from the City to the employees, agents, or servants of the Contractor. TheContractor shall be solely and entirely responsible for its acts and for the acts of theContractor's agents, employees, servants, and subcontractors during theperformance of the Contract.THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BEENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BEOBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYSEARNED PURSUANT TO THE CONTRACT.
22. Assignment. This Contract is for the personal services of Contractor.Contractor shall not transfer or assign this Contract or its rights andresponsibilities under this Contract nor subcontract to others its rights and
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responsibilities under this Contract, and any attempt to do so shall be void andconstitute a material breach of this Contract.
23. Successors and Assigns. Subject to paragraph 22, above, this Contractshall be binding on, and shall inure to the benefit of, City and Contractor and theirrespective successors and assigns.
24. Entire Contract. This Contract contains the entire Contract between Cityand Contractor respecting the matters set forth herein and supersedes all priorContracts between City and Contractor respecting such matters.
25. Waivers. No waiver by City or Contractor of any default by the other or ofany event, circumstance or condition permitting either to terminate this Contractshall constitute a waiver of any other default or other such event, circumstance orcondition, whether of the same or of any other nature or type and whetherpreceding, concurrent or succeeding; and no failure or delay by either City orContractor to exercise any right arising by reason of any default by the other shallprevent the exercise of such right while the defaulting party continues in default,and no waiver of any default shall operate as a waiver of any other default or asa modification of this Contract.
26. Remedies Non-Exclusive. No remedy conferred on either party to thisContract shall be exclusive of any other remedy herein or by law provided orpermitted, but each shall be cumulative and shall be in addition to every otherremedy.
27. Governing Law. This Contract shall be governed by, and construed inaccordance with, the laws of the State of Colorado. Venue for any action at lawor equity shall be Pitkin County.
28. Attorneys' Fees. If either party to this Contract shall institute any action orproceeding to enforce any right, remedy or provision contained in this Contract,the prevailing party in such action shall be entitled to receive its attorneys' fees inconnection with such action from the non-prevailing party.
29. Severability. Any provision in this Contract, which is held to beinoperative, unenforceable or invalid shall be inoperative, unenforceable orinvalid without affecting the remaining provisions, and to this end the provisionsof this Contract are declared to be severable.
30. Nondiscrimination. During the performance of this Contract, the Contractoragrees as follows: The Contractor will not discriminate against any employee orapplicant for employment because of race, color, religion, sex, national origin, age,marital status, sexual orientation, being handicapped, a disadvantaged person, or adisabled or Vietnam era veteran. The Contractor will take affirmative action toinsure that applicants are employed, and that employees are treated duringemployment without regard to their race, color, religion, sex, national origin, sex,age, sexual orientation, handicapped, a disadvantaged person, or a disabled or
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Vietnam era veteran. Such action shall include, but not be limited to, the following:employment, upgrading, demotion or transfer; recruitment or recruitmentadvertising; layoff or termination; rates of pay or other forms of compensation; andselection for training, including apprenticeship. The Contractor agrees to post inconspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause.
Any business that enters into a contract for goods or services with the City ofAspen or any of its boards, agencies, or departments shall:a. Implement an employment nondiscrimination policy prohibitingdiscrimination in hiring, discharging, promoting or demoting,matters of compensation, or any other employment-related decisionor benefit on account of actual or perceived race, color, religion,national origin, gender, physical or mental disability, age, militarystatus, sexual orientation, gender identity, gender expression, ormarital or familial status.b. Not discriminate in the performance of the contract on account ofactual or perceived race, color, religion, national origin, gender,physical or mental disability, age, military status, sexual orientation,gender identity, gender expression, or marital or familial status.
The foregoing provisions shall be incorporated in all subcontracts hereunder.
31. Prohibited Interest. No member, officer, or employee of the City of Aspen,shall have any interest, direct or indirect, in this Contract or the proceeds thereof.
32. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict ofInterest:
a. The Contractor warrants that no person or selling agency has beenemployed or retained to solicit or secure this Contract upon a Contract orunderstanding for a commission, percentage, brokerage, or contingency fee,excepting bona fide employees or bona fide established commercial or sellingagencies maintained by the Contractor for the purpose of securing business.
b. The Contractor agrees not to give any employee or former employee of theCity a gratuity or any offer of employment in connection with any decision, approval,disapproval, recommendation, preparation of any part of a program requirement ora purchase request, influencing the content of any specification or procurementstandard, rendering of advice, investigation, auditing, or in any other advisorycapacity in any proceeding or application, request for ruling, determination, claim orcontroversy, or other particular matter, pertaining to this Contract or to anysolicitation or proposal therefor.
c. It shall be a material breach of the Contract for any payment, gratuity, oroffer of employment to be made by or on behalf of a Subcontractor under a contract
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to the prime Contractor or higher tier Subcontractor or any person associatedtherewith, as an inducement for the award of a Subcontract or order. TheContractor is prohibited from inducing, by any means, any person employed underthis Contract to give up any part of the compensation to which he/she is otherwiseentitled. The Contractor shall comply with all applicable local, state and federal"anti-kickback" statutes or regulations.
33. Payments Subject to Annual Appropriations. If the contract awardedextends beyond the calendar year, nothing herein shall be construed as anobligation by the City beyond any amounts that may be, from time to time,appropriated by the City on an annual basis. It is understood that payment underany contract is conditional upon annual appropriation of funds by said governingbody and that before providing services, the Contractor, if it so requests, will beadvised as to the status of funds appropriated for services or materials and shallnot be obligated to provide services or materials for which funds have not beenappropriate.
34. Waiver and Amendment. It is agreed that neither this agreement nor anyof its terms, provisions, conditions, representations, or covenants can bemodified, changed, terminated, or amended, waived, superseded or extendedexcept by appropriate written instrument fully executed by the parties.
If any of the provisions of this agreement shall be held invalid, illegal, orunenforceable it shall not affect or impair the validity, legality, or enforceability ofany other provision.
35. Electronic Signatures and Electronic Records. This Agreement and anyamendments hereto may be executed in several counterparts, each of whichshall be deemed an original, and all of which together shall constitute oneagreement binding on the Parties, notwithstanding the possible event that allParties may not have signed the same counterpart. Furthermore, each Partyconsents to the use of electronic signatures by either Party. The Scope of Work,and any other documents requiring a signature hereunder, may be signedelectronically in the manner agreed to by the Parties. The Parties agree not todeny the legal effect or enforceability of the Agreement solely because it is inelectronic form or because an electronic record was used in its formation. TheParties agree not to object to the admissibility of the Agreement in the form of anelectronic record, or a paper copy of an electronic documents, or a paper copy ofa document bearing an electronic signature, on the ground that it is an electronicrecord or electronic signature or that it is not in its original form or is not anoriginal.
36. Additional Provisions. In addition to those provisions set forth herein andin the Contract Documents, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
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[X] See attached Exhibit A (Stormpipe Lining Project - AWC R2Vendor revised Fee Details and Schedule)
[X] See attached General Conditions.
[X] See attached Special Conditions (Exhibit D from RFP)
[X] Request for Proposal 2025-063.
[X] See attached Bid Proposal 2025-063 - Stormpipe LiningProject - AWC [REDACTED]
37. Consequential Damages; Limitation of Liability.Notwithstanding anythingto the contrary in this Agreement, including without limitation Section 14(Indemnification) and any provisions regarding liquidated damages, neither Partyshall be liable to the other for incidental, indirect, special, punitive, orconsequential damages, including without limitation lost profits or loss ofbusiness opportunity, whether arising in contract, tort (including negligence),strict liability, or otherwise.
Except as otherwise required by law, the Contractor’s total aggregate liability tothe City for any and all claims arising out of or related to this Agreement shall notexceed the total Contract Price.
38. Tariff Clause.If, after the date of this Agreement, any new or increasedtariffs, duties, or other government-imposed costs on materials used in the workbecomes effective, the Contract Price shall be adjusted to reflect the actualincreased cost to the Contractor. The Contractor shall promptly notify the City ofany such cost impact. Failure to agree on a price adjustment shall not relieve theCity’s obligation to pay the increased cost, and the Contractor shall be entitled toan extension of time if such tariffs result in material shortages or delays and/orContractor may permanently suspend performance because of a delay or theinability of the parties to agree upon an adjusted price.
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IN WITNESS WHEREOF,the parties agree hereto have executed this Contractfor Construction on the date first above written.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
_____________________________ _______________________________[Signature] [Signature]
By: __________________________ By: ____________________________
Title: _________________________ Title: ___________________________
Date: _________________________ Date: ___________________________
_______________________________
City Attorney’s Office
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Vice President
6/17/2025 | 3:43:09 PM MDT
BRIAN SCHRAMEYER
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