HomeMy WebLinkAboutresolution.council.050-26RESOLUTION #O50
(Series of 2026)
OWNIA �•% 4AND'•E on GONENSMC • A '
AND ROCKFAN ENTERTAINMENT, 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
Theater Sound System Replacement at the Wheeler Opera House, between the City
of Aspen and Rockfan Entertainment, LLC, a true and accurate copy of which is
attached hereto as Exhibit "A'%
NOW, THEREFORE, BE IT FESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
Theater Sound System Replacement at the Wheeler Opera House, between the City
of Aspen and Rockfan Entertainment, 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 28th day of April 2026.
John Doyle, Mayor fro Tem
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, April 28', 2026.
Nicole Henning, City Clerk
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CITY OF ASPEN STANDARD FOR
PROFESSIONAL SERVICES
AGREEMENT made the 26th day of March, 2026.
BETWEEN the City:
The City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Rockfan Entertainment, LLC
2649 E. Mulberry St #8
Fort Collins, CO 80524
US
info@rockfan.email
For the Following Project:
Theater Sound System Replacement
City of Aspen Contract No.: 2025-320
Contract Amount:
Total: $ 358,751.20
If this Agreement requires the City to pay
an amount of money in excess of
$1001000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
The City and Professional agree as set forth below.
City Council Approval:
Date:
Resolution No.:
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1. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
December 31, 2026. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
prc j ect proceeds, and which shall include allowances for periods of time required by the City's project
engineer for review and approval of submissions and for approvals of authorities having jurisdiction
over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the matter
with Professional within ten days from receipt of the Professional's bill.
4. Non -Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub -Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub -contractor.
5. Termination of Procurement. The sale contemplated by this Agreement maybe canceled
by the City prior to acceptance by the City whenever for any reason and in its sole discretion the
City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in or be construed as establishing an employment
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relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
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other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims -made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Wor/cur s Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self -insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
(ii) Cornmer�cic�l General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1, 000, 000.00) each occurrence and TWO MILLION DOLLARS
($2, 000, 000.00) aggregate with respect to each Professional's owned, hired and non -
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The
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certificate shall identify this contract and shall provide that the coverages afforded under the
policies shall not be canceled, terminated or materially changed until at least thirty (30) days
prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
Any business that enters into a contract for goods or services with the City of Aspen or any of its
boards, agencies, or departments shall:
(a) Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
employment -related decision or benefit on account of actual or perceived race,
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color, religion, national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or
familial status.
(b) Not discriminate in the performance of the contract on account of actual or
perceived race, color, religion, national origin, gender, physical or mental
disability, age, military status, sexual orientation, gender identity, gender
expression, or marital or familial status.
(c) Incorporate the foregoing provisions in all subcontracts hereunder.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it tinder this Agreement or by law despite any such forbearance or indulgence.
15. Execution of
City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the City Manager of the City of Aspen (or a duly authorized official in the City
Manager's absence) and if above $100,000, following a Motion or Resolution of the Council of the
City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager's
absence) to execute the same.
t
16. Warranties Against Contin;?ent Fees, Grattlitie
Kickbacks and Conflicts of In
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
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(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
18. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
19. Electronic Signatures and Electronic Records. This Agreement and any .amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
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20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to
the benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
22. Attorneys Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
23. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the parties
in the negotiation, review or drafting of the Agreement.
24. Certification Re�ardi
ion, Ineligibility. and
lon.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
25. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
26. The Professional in performing the Services hereunder must comply with all applicable
provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101,
et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by
the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR
1501-11. Services rendered hereunder that use information and communication technology, as the
term is defined in Colorado law, including but not limited to websites, applications, software,
videos, and electronic documents must also comply with the latest version of Level AA of the Web
Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information
and communication technology used, created, developed, or procured in connection with the
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Services hereunder meets these standards, Professional may be required to demonstrate
compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section
above in relation to the Professional's failure to comply with §§24-85-101, et seq., C.R.S., or the
Technology Accessibility Standards for Individuals with a Disability as established by the Office
A Information Technology pursuant to Section §24-85-103(2.5).
27. Additional Provisions. In addition to those provisions set forth herein and in the Contract
Documents, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
[X] See Exhibit A and B below.
28. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
Full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
29. Order of Precedence of Contract Documents. The terms and conditions set forth in the
City of Aspen Standard Form of Agreement establish the rights, obligations, and remedies of the
parties. No additional or different terms or conditions, whether contained in bid packets,
documents, order forms, or any other document or communication pertaining to the agreement will
be binding upon the City of Aspen unless accepted in writing by an authorized representative of
the City. In the case of conflicts or inconsistencies between the City of Aspen Standard Form of
Agreement and any other document attached thereto which cannot be resolved by giving effect to
both provisions, the City of Aspen Standard Form of Agreement shall control.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF S"tb, LORADOa
Pt G M&W
[Signature]
Pete Strecker
By: By:
Title: City Manager Title:
Date: 4/29/2026 � 3:50:49 PM PDT
Approved as to form:
DocuSigned by:
City Attorney s Off ce
:
Ljagq" Vl uou"
[Signature]
.lames Yearling
General Manager
Date: 3/30/2026 � 9:47:41 AM MDT
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EXHIBIT A: SCOPE OF WOF
Pre -project Phase: In advance of work commencing for the theater sound system replacement,
Rockfan has adopted the following measures with respect to the design and installation.
• Preservation and integration of the historic environment, including aesthetics and
infrastructure.
• Ease -of --use for flexible audio system deployment based on different uses and desired
sound system configurations; system needs to be equally effective while located within
opera boxes or flown as a line array.
• Seamless and efficient onsite storge within a limited physical space.
• Integration with the existing audiovisual ecosystem, including processing, control,
routing, and audio consoles.
• World -class listening experience for the audience and industry -leading equipment for
tech staff and well-known touring performers.
• Solution for the subwoofer power alley.
• Limited disruption of currently installed systems.
• Installation Scheduling alignment in accordance with ongoing programming and seasonal
considerations.
• Environmentally -conscious manufacturing options.
• Robust staff training of any new equipment, coupled with rigorous and reliable ongoing
product and tech support.
Design and Implementation
The new sound system, manufactured by PK Sound, will utilize a ground -stacked deployment
accompanied by balcony fill and front fill speakers. Audio will be event distributed throughout
the theater space.
The design utilizes system processing and console switching via the Allen &Heath AHM-64.
This processor will allow guest engineers to easily connect to the new sound system and easily
switch between consoles. The AHM-64 is equipped with 16x16 channels of AES, allowing the
existing in-house Avid console to convert the analog audio to digital at the head end. From that
point forward, the signal remains entirely digital until it reaches the loudspeakers, which helps to
preserve sound quality by avoiding degradation caused by multiple conversion stages.
Ground Stacked Configuration —Main PA System
The sound system will be installed within the opera boxes in order to preserve the historic
elements of the space. The technology within these speakers will allow for reconfiguration of
acoustic space at the press of a button, including vertical and horizontal zones within the theater.
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Balcony Fill Speaker Configuration
The new sound system will also feature balcony fill speakers, which will provide multifaceted
benefits based on how the theater is being utilized. For events or performances that require a
more intimate setting and strong on-stage microphone stability —such as speaking engagements,
orchestral performances, and plays the balcony fill speakers can be engaged while the main
PA, positioned in the opera boxes and focused on the floor (Configuration 1), handles the
primary coverage. This dedicated balcony coverage helps maintain precise pattern control and
improves on-stage microphone stability. When not used for reinforcement with the main PA, the
balcony fill speakers can be used for "FX" speakers during
plays and performances. The PK Sound solution can be robotically reconfigured to cover more
of the room when used as an "FX" speaker.
Front Fill and Under Balcony Fill Speakers
The new under balcony fills will be installed in the same location as the current under balcony
Fills. For the new front fill speakers, the exact location needs to be discussed and finalized, but
the plan is to install them in the pit stage left and stage right and utilize the air return vents to
keep them visually hidden. This will ensure that sound is evenly distributed to those sitting
directly in front of the stage area.
Procurement
Rockfan handles all administrative processes, billing, scheduling, logistics, and equipment
purchases in-house via salaried staff, none of these important processes are subcontracted. The
Rockfan team will work closely with the City of Aspen's procurement team and the Wheeler
Opera House's tech team to ensure expectations are aligned and deadlines are met.
Installation Phase
Rockfan will schedule work with the Wheeler's production team in order to avoid disrupting any
programming or functionality.
Post -Installation Phase
Once equipment is installed in accordance with optimal placement and functionality, Rockfan
will coordinate onsite training and commission with staff and manufacturer representatives.
Rockfan's engineering team would provide all technical documentation and be on -hand to assist
with any close-out procedure
Agreement Professional Services Page 11
Updated 8/2025
Docusign Envelope ID: AF12EC4A-2EC3-8D4D-8031-4EA508CF1D8C
fur previous onsite experience and the proposal site visit solidified several essential needs as
well as brought forth additional unique limiting factors. We're confident that our system design
addresses those elements, including but not limited to the following:
• Preservation and integration of the historic environment, including aesthetics and
infrastructure.
• Ease -of --use for flexible audio system deployment based on different uses and desired
sound system configurations; system needs to be equally effective while located within
opera boxes or flown as a line array.
• Seamless and efficien# onsi#e staree within a limited physical space.
• Integration with the existing audiovisual ecosystem, including processing, control,
routing, and audio consoles.
• World -class listening experience for the audience and industry -leading equipment for
tech staff and well-known touring performers.
• Solve the subwoofer power alley.
• Limited disruption of currently installed systems.
• Installation Scheduling alignment in accordance with ongoing programming and
seasonal considerations.
Environmentally -conscious manufacturing options.
• Robust staff training of any new equipment, couple with rigorous and reliable ongoing
product and tech support.
s
The following configurations demonstrate haw these world -class sound systems will meet the
multiple use goals of the venue while providing the tech team with the ability to quickly deploy,
reconfigure and store the new sound system.
our design proposes a PA that can efficiently cover the room while positioned in the opera
boxes or as a flown system and can be stored onsitehanging position from existing
structural beams located on the upstage left comer.
All of the following designs utilize system processing and console switching via the Allen &
Heath AHM-64. This processor will allow guest engineers to easily connect to the new sound
system and easily switch between consoles. The AHM-64 is equipped with 16x16 channels of
AES, allowing the existing in-house Avid console to convert the analog audio to digital at the
head end. From that point forward, the signal remains entirely digital until it reaches the
loudspeakers, which helps to preserve sound quality by avoiding degradation caused by
multiple conversion stages.
Agreement Professional Services Page 12
Updated 8/2025
Docusign Envelope ID: AF12EC4A-2EC3-8D4D-8031-4EA508CF1D8C
8.2 Scope of Work: Desiqn & System Configurations
Main Sound System m Configuration 1: Ground Stacked
The sound ��ystem �4ill be ir�stal(ed �,iti�ir-� the opera boxes 4h:ere tl�e current PA is ins#ailed.
V'Uith the upgrade to a line array solution, tfie PA can be angled to cover the theater floor as weil
as the balcony in order to provide smooth consistent coverage throughout ti-ie theater_
Both the Alcons A��]di�_. �-��rd PK �r�rlr�cl solutrcanS can be reconfsgured to `cbose" the balcony and
focus all of the acoustical energy to the floor_ The PK Sound equipment has the added benefit of
built-in robotics that utilize the press of a button to reconfigure the vertical and horizontal .angles
instead of doing it manuallyo (demlonstrated in image below)_
F(oor � only
Floor ar�d F+alc�cn�;,
These renderings exemplify the added benefit of installing the Pt{ Sound speal�ers; the image
an the Deft demonsfiretes ar�oustical energy directed at floor se��ts, �^:bile the ir��age on the right
shows how the energy can be divided between both the floor and balcony seats_ The robotic
adjustment feature allows for exact fine-tuned adjustments of vertical and horizontal angles,
This feature removes the margin of error associated with manually adjusting angles_
Agreement Professional Services Page 13
Updated 8/2025
Docusign Envelope ID: AF12EC4A-2EC3-8D4D-8031-4EA508CF1D8C
Main Sound System - Balcony Fill Speaker Configuration
VVe have included a set of balcony "fill" loudspeakers in the design -Although they are net strictly
required (and labeled as optional in the pricing matrix), we believe they will be beneficial in
several scenarios_
For events or perforr��ances that require a more intimate setting and strong on-stage
microphone stability —such as speaking engagements, orchestral performances, and plays —the
balcony speakers can be engaged while the main PA, positioned in the opera boxes and
focused on the floor (Configuration 'I ), handles the primary coverage_ This dedicated balcony
coverage helps maintain precise pattern control and improves on-stage microphone stability_
The above image shows the focused energy of the balcony fill speakers_ When not used for
reinforcement with the main PA, the balcony fill speakers can be used for "FX" speakers during
plays and performances_
The PK Sound solution can also be robotically reconfigured to cover more of the room when
used as an "FX" speaker -
Agreement Professional Services Page 14
Updated 8/2025
Docusign Envelope ID: AF12EC4A-2EC3-8D4D�8031-4EA508CF1D8C
Main Sound System — Front Fills & Under Balcony Fills
The new under balcony fills tivould be installed in the same Location as tl-�e current under balcony
fills_ For the new front fill speakers, the exact location needs to be discussed and finalized, but
the plan is to install them in the pit stage left and stage right and utilize the air return vents to
keep them visually hidden_ The bright green areas in the above image demonstrate where the
audio distribution for the front fill, and the under balcony fills will be concentrated_
Approximate front fill speaker locations demonstrated in image belotiv_
Agreement Professional Services Page 15
Updated �/2025
Docusign Envelope ID: AF12EC4A-2EC3-8D4D-8031-4EA508CF1 D8C
Rockfan handles all administrative processes, billing, scheduling, logistics, and equipment
purchases in-house via salaried staff, none of these important processes are subcontracted.
The Rockfen team will work closely with the City of Aspen's procurement teem and the Wheeler
Opera House's tech team to ensure expectations are aligned and deadlines are met.
'� -� s �� �� E-, t� ass • f�
rogramming or functionality. Based upon the venue's current published schedule, Rockfan
vould plan to complete this installation work between mid4o-Aate April and early4o�mid May. If
-dthe Rockfan team-• a - -du - a logisticsplanning meeting with
�.� Scope of Work: Post -installation Phase
once equipment is installed in accordance with optimal placement and functionality, Rockfan would
coordinate onsite training and commission with staff and manufacturer representatives. Rockfan's
engineering team would provide all technical documentation and be on -hand to assist with any
close-out procedures, including exchange or notes, warranty registrations and system maintenance
instructions_
Agreement Professional Services Page 16
Updated 8/2025
Docusign Envelope ID: AF12EC4A-2EC3-8D4D-8031-4EA508CF1D8C
ago me I N Dill
or -lingpurposes, noill manutacturers nave commifted stockto this project and will ship
AR
iquipment uponrequest.
' 1 A 11111Y SaL1,5113 0 11S.P4worvDerWOUE
r rApril
orderWeeler's production team in -timeline r project
6omplebon expectations.
Agreement Professional Services Page 17
Updated 8/2025
Docusign Envelope ID: AF12EC4A-2EC3-8D4D-8031-4EA508CF1D8C
In addition to featuring proprietary robotic line array control that allows for real-time, remote -control
pattern adjustments, PIS also offers top-notch product warranties and a commitment to
environmental sustainability.
PK Saund warrants its products against defects in material ar workmanship. The
terra of the PK Sound Warranty is five (5) years on non=electronic components and
two (2) years on electronic components from the original date of purchase of the
product. This warranty may be transferred to a subsequent owner during the
warranty period; however, such a transfer shall not extend the warranty period
beyond five (5) years from the original date of purchase stated on the PK Sound
invoice,
Warranty Coverage
he PK Sound warranty solely covers the replacement of defective parts and/or the
repair of parts as deemed necessary by the manufacturer. PK Sound does not
accept responsibility for the lass of use while the equipment is being repaired, nor
casts incurred for repairs. Return of products under warranty claim must first be
authorized by PK Sound and freight must be paid by the sender.
Warranty Exclusion
In line with warranty compliance provisions, purchasers and owners of PK Sound
products and equipment should be operating and maintaining materials according
to PK Sound's specifications at all times. Specific exclusions include:
• Damage caused by improper use or installation.
Incorrect mounting or handling; accidental dropping,
burntloverheated coils; exposure to excessive temperatures or
humidity; and general neglect and/or abuse.
• Damage due to wear and tear sustained during normal use.
Illegible, missing, or otherwise compromised Serial plumbers.
Warranty Vaidanee
PK Sound reserves the right to make changes and improvements to its products
without incurring any obligation to similarly alter previously purchased PK Sound
products. This warranty shall be void in the event that the covered PK Sound
product is modified without written authorization from PK Sound, or if the covered
product is not installed, connected, and/or operated within the safety limits
described in the relevant User Manual.
Agreement Professional Services Page 18
Updated 8/2025
Docusign Envelope ID: AF12EC4A-2EC3-8D4D-8031-4EA508CF1D8C
;Sutir�bl� i!4�nufac#ing t pro#icon
PK Sound emphasizes efficiency and environmental responsibility in our manufacturing
practices and processes.
'��le're undertaking strategic initiatives to augment productivity, streamline logistics,
and reduce costs all of which directly lower environmental impact by minimizing
material waste, transportation inefficiencies, and energy consumption,
sK Sound %rioritizes local and domestic! a i
missionsf ff..regional economies f manufacturing networks.
Uur�ble, t�+r�g-Life Pro�iu+c# C►e:�ign�
PK Sound's product philosophy inherently supports environmental responsibility.
C3ur Trinity Series robotic systerrds are designed for adaptability and reusability
across countless applications, extending product life and reducing the need for
redundant or supplemental inventory,
fur focus on modular, serviceable systems minimizes e-waste as products are
designed to be continuously upgraded or repaired rather than replaced,
• We utilize high -efficiency Class a amplifier technology in our powered systems to
signcantly reduce energy consumption and environmental impact.
o Mass a amplifiers convert electrical energy into acoustic power with
efficiencies exceeding 90%.
o This reduces overall power draw during operation, enabling lower power
distribution requirements and lowering associated carbon emissions.
o Reduced heat output minimizes cooling demands and extends component
lifespan, contributing to both operational sustainability and long-term
resource conservation,
ality
coverage
ve to achieve better sound with fewer loudspeakers
ower requirennents and equipment transportation
f Our history of R&D collaboration with the National Research Council of Canada
�NRC-IRt�P� also reflects a commitment to technological innovation with
sustainability and efficiency top of mind.
Agreement Professional Services Page 19
Updated 8/2025
Docusign Envelope ID: AF12EC4A-2EC3-8D41D-8031-4EA508CF1 D8C
So.:nd System
I;ern
Uescri n
Qt .
Unit Price
Total Cost
PK SALrid T8
Main PA: ure Source- T8 - DL18' May F:7tvEv Lo+rris.e3W -
12
ZI D a23.T2
$127,.446.f4
XLR+EIh
r3rre tl T8 T 1 E L pEr ai
Main PA. R95 trg -Ta T98 - Sukoe risiarn FraTs
3
43:+I la 63
$11,156.f4
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PK SoUnd Tt 5
Main PA: SUIrwackr-T18 - S p 1 V nu3s Faker- XLfVEIn
5
5E,87 3.92
;63,= m
PK 53U'id T8 Gart
Maln PA. Trans crt - T8 - Can 1tr 4x TES
1
52,443.76
.2,443�,+6
PK 53LM T1 E CaAeT B=
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3
f-956.:6
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PK C�aLnd TX+S U-8raf.Aat
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$1 tQ.EB
:F44-3.52
PK SAL;<7d T8 SpaM, Kt! -
$6,+aE,5.72
6,C+5EL82
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Spares - TB - Sparei Ktt
1
tiy5lern riornrrfESoatrig and tratring W11 bE pro'AJE%l by PK'CE10
PK S)VErn COT,.Tlsltnng
Lweray BrlL�ge and G►obal Support f,lara3er Bryan APOTes.
1
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$281.04.2+3
S"stem Proeessir
Item
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Total Gost
64X64 AMID Marl= PMCe56Dr. 12X121=1 an3i3g VD, L{p 0 12fti28
re 1 a Heath P.H-3+HIA"•64
aLado rieM i;g o 9%HZ FPGP. ccre'alth Lftrzwkm 13teMy, catnpmibil
'slth tPt, EP5, IF8 remote c4ortrulErs, 2U - rxi kh IrchOel
4 X 8n MML13r Egarder. 96144.r slats is 111 a sH'a^tliar, LaT arala3 or
Alen 3 Heath P.H DLBa'E DX::
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1 SL l'o itrdLGB ,}Hta1,riEJIES PJtAf 98.i FitifA-'.^ti'Yit31 ln1,
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re: mJarr +vacs link to =Tate or Mlxf;L3ck
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C,X32 AES3 BCH di3119 Wpd mahttre
2
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51 !GE 13C
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CX32 AES3 8CH digdt.3,' 14U Madife
1
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$7149.03
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1
51 1 3.G7
$131191ki3C+
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$1,44ur%-W
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1ftyth IhSSV �S,LF'�rr,rgL�„Lr;Taf7 1'iT1r1 JE4iL'E'LC bra 5i',�1t:L'n i7�5i�'jIR� �1:17Glsii
I�ECdr IR rLi 4i Btt
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.1'i(1aA?LVLI?ex fj7r'112.(rents_ RCCA,%R is ror imarkibg Lp KetMP$
$1.4.�;;IV'O
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l7`�'iL-7'I
san`ra cC45t t, Line rAIME.M!r mwe ss2tr 5 avat%CLL° M €;.hOT A cf L3:ir
Partner C'u,nsuftanrtSubklta1
$4245006.C11,
Labor It i?werFread
Item
Dt±scri
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Total Cost
FIEId Irs�al{aBm SLpervkscr
HOury P.31e 1cr site sLptEn��cr Ga o.ursee nrs11E (r�lalL3ifcn, drEv"J
leiy crew, eAor[tn3te'wtCr pro'ect ri3r33E rert. ai t� erstre syster
era Irstat'ed and 1�lEd to s ..at�,ns.
]
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tn61311,Tech
Koury Pale icr 015ne 7W IJ [MIailaticn teaiLrlclar.
12"
4810ELCa
5121G3QXG
Sys1Ern Dergn Engn�elrg
Labor
Labar ror cesigrs and englneern3, Dings ana sUamrtlars
45
WOM
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RwilarL Buk catie
CaalE Bey +J to CAanpw-le Instal,
1
54„SC IM
;4, 0FOM+
11=131W. HaTdware
Mar 63re riREOW is Lxrn 'Fle 1 't311,
1
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f4SCODAD
Almh6lrat ve Support
AMInistrabe smart to Trwa3e prgecI;mrt3ct5, pocurerneit,
SCAEdUfrig, SLJxmit A, RAtaL COCfdra9Mv"tuMEW
dcCuTentancri.
1
t1.399.G3
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IT
a ?I 5 _r_.Jg n3 ITIp
G=ze, L,3031rg for 8 Wgrili s, Hospitalttl L 5 TeCttniaansi
1
51 Et 533.03
;1'3,63010
Labor r e .Tj to
$45,8'�' OO
PK Sound: Project r .
GranLf Tatal {�5Sr75i.2.,
�nilestc�r�e playmer�ts �5a/o ca�ntr��t �i�n�d �RE�� �ppraved) 50%
wmpletionl0 evory of ALL materials �5% final completion of FIVjVrct.
Agreement Professional Services Page 20
Updated 8/2025