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HomeMy WebLinkAboutagenda.council.regular.20221025AGENDA CITY COUNCIL REGULAR MEETING October 25, 2022 5:00 PM, City Council Chambers 427 Rio Grande Place I.Call to Order II.Roll Call III.Scheduled Public Appearances IV.Citizens Comments & Petitions V.Special Orders of the Day ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/83312819540? pwd=azFRSWhrL3A3VUdjQS91dU9DZVlOdz09 Passcode: 144211 Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 719 359 4580 Webinar ID: 833 1281 9540 Passcode: 144211 International numbers available: https://us06web.zoom.us/u/kcgGl4CBrB (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports 1 VI.Consent Calendar VI.A Resolution #104, Series of 2022 – Engineering Design Change Order 001: Maroon Creek Pipeline Rehabilitation VI.B Resolution #116, Series of 2022 – As-needed emergency raw water pipeline repair services contract approval for Elite Pipeline Services, Inc. VI.C Resolution #119, Series of 2022 - Plow/Sand Trucks Replacement VII.Notice of Call-Up VII.A HPC approval for 132 W. Hopkins- Conceptual Major Development, Relocation and Variations VII.B HPC approval for 413 E. Main, Jing–Minor Development and Commercial Design Review VIII.First Reading of Ordinances VIII.AOrdinance #17, Series of 2022 - Burlingame Triangle Parcel - Major Subdivision (These matters may be adopted together by a single motion) Council Memo Maroon Creek Pipeline Rehab Eng Design_FINAL.docx Reso #104 of 2022 for Engineering Design Services Change Order.doc Exhibit A Scope of Work Maroon Creek Pipeline Rehabilitation - Final Design Permitting Bidding Murraysmith Inc.pdf Memo_As_needed_emergency_pipeline_services_2022-262_Final.docx Reso #116 of 2022 for As Needed Emergency Pipeline Repair Services.doc Exhibit A-General Service Agreement-Contract-As Needed Pipeline Repair-2022- 262-ElitePipelineServices.pdf Sand_Trucks_Memo.docx Resolution #119.doc Contract 2022-304.pdf State Awarded Number.pdf OJ Watson City of aspen quote.pdf Notice of Call Up Memo.132 W Hopkins.pdf Exhibit A_HPC memo March 9 2022.pdf Exhibit B_Approved drawings.pdf Exhibit C_HPC minutes March 9 2022pdf.pdf Exhibit D_HPC resolution.pdf Notice of Call Up Memo.413 E Main.pdf Exhibit A_HPC memo September 28 2022.pdf Exhibit B_Approved elevations.pdf Exhibit C_Draft HPC minutes September 28 2022.pdf Exhibit D_Draft HPC resolution.pdf Memo to Council_Triangle Parcel _First Reading_.pdf Ordinance No.17_Series of 2022_Burlingame_Triangle Parcel_Major Subdivision.pdf Exhibit A_General Subdivision Review Standards.pdf 2 IX.Public Hearings X.Action Items X.A Resolution #120, Series of 2022 - Aspen Mountain Tots Exemption and Three Year Lease Request X.B Resolution #121, Series of 2022 - Supporting Ballot Issue 2A X.C Resolution #122, Series of 2022 - Supporting Ballot Issue 2B X.D Inflation Relief Grants XI.Adjournment Exhibit B_Major Subdivision Review Standards_.pdf Exhibit C_AVLT Letter and Entitlement Docs.pdf Exhibit D_Resolution No. 13_Series of 2022_Burlingame_Triangle Parcel_Major Subdivision.pdf Exhibit E_Application.pdf Memo_-_Aspen_Mountain_Tots_Exemption_and_Three_Year_Lease_Request.docx Resolution #120 (2022) Aspen Mountain Tots.doc 2023-2026 Aspen Mountain Tots lease.doc Resolution #121 - 2A reso of support (final).docx RESOLUTION supporting 2B.docx 2022.10.25_Inflation_Relief_Grants_SGO (1).docx 3 MEMORANDUM TO:Mayor and City Council FROM:Erin Loughlin, Project Manager II THROUGH:Ryan Loebach, Sr. Project Manager Tyler Christoff, Director of Utilities MEMO DATE:October 17th, 2022 MEETING DATE:October 25th, 2022 RE:Resolution #104, Series of 2022 – Engineering Design Change Order 001: Maroon Creek Pipeline Rehabilitation REQUEST OF COUNCIL:Staff requests Council approval of Change Order 001 to Murraysmith, Inc.’s professional services contract for engineering design of the Maroon Creek Pipeline Rehabilitation from Headgate to Hydropower Plant. Staff recommends approval of the change order in the amount of $47,965.00. PREVIOUS COUNCIL ACTION: Staff have requested three previous Council actions for this project. These three actions were: Council reviewed funding for this project through the budget approval process in 2020 through 2022. Council approved award of the Professional Services Agreement to Murraysmith, Inc. for engineering design services for rehabilitation of the Maroon Creek transmission pipeline through Resolution #048, Series of 2020. Council reviewed the City’s federal grant application through approval of Resolution #107, Series of 2021. The City was awarded a grant from the Bureau of Reclamation in the amount of $480,232.00 on April 19, 2022. BACKGROUND:The Maroon Creek Pipeline Rehabilitation project focuses on repairing the first 7,200 feet of the Maroon Creek raw water line. This aging asset has required at least annual staff intervention and repairs to fix leaking pipe joints in recent years. The Maroon Creek pipeline provides raw water for potable water production as well as for hydropower production at the Maroon Creek Hydropower Plant. City staff continues to move the Maroon Creek Pipeline Rehabilitation Design forward with the goal of completing bid documents scheduled for late Fall 2022. City staff is requesting to retain Murraysmith, Inc to complete the design, permitting, and bid support services for the project. Staff and Murraysmith have worked to develop a project scope that will both repair and replace sections of pipeline. Pipeline replacement is currently scoped to provide staff with easier access and dewatering capabilities near the Maroon Creek 4 crossing and in locations with severely deteriorated pipe sections. Pipeline repair shall occur throughout the remaining conduit and consist of joint seals or a structural cured-in-place-pipe. DISCUSSION:City staff are requesting added funds for additional engineering services from Murraysmith, Inc. Based on preliminary findings City staff requested an alternatives analysis summarizing detailed capital and life-cycle costs for complete pipeline replacement, cured-in-place pipe lining, joint repair seals, and hybrid alternatives of those three pipeline rehabilitation construction options. This analysis highlighted potential benefits of a hybrid project approach utilizing all three pipeline rehabilitation construction techniques. Due to the pipe condition found during survey, City staff requested Murraysmith to include a welded steel pipeline design at the Maroon Creek Crossing and include both cured-in-place pipe lining and joint repair seals as bid alternatives for the remaining pipeline rehabilitation scope. Field conditions encountered while assessing the existing pipeline alignment necessitated wetland mapping to address U.S. Army Corps of Engineers Nationwide Permit 3. Due to the size, complexity, and specialized nature of this work bidding support services with Murraysmith, Inc. are proposed to be added to the scope of this project. Bidding support will include assistance with technical responses to request for information (RFI) received during the bidding process, engineering consultant review of received bid packages, and engineer’s recommendation for award based upon follow-up with bidder references and the consultant’s professional experience. FINANCIAL/BUDGET IMPACTS: Council previously approved the engineering design contract for Murraysmith, Inc. in the amount of $196,990.00 through Resolution #048, Series of 2020. The requested value of Change Order 001 would adjust the total contract amount by the following: Project Expenditures Murraysmith, Inc. Design Contract $196,990.00 Murraysmith Change Order 001 $47,965.00 Total Contract $244,955.00 Funding Budgeted Water Fund 2020 Budget Authority – Project 51149 $245,832.00 Total Funding Budgeted $245,832.00 ENVIRONMENTAL IMPACTS:Maintaining and improving the City’s raw water conveyance system creates a more efficient and resilient water system for both potable water customers and power production. These improvements ultimately facilitate the community’s use and access to this important but finite water resource. Reinvestment in infrastructure allows the utility to minimize water and revenue losses and to continue providing a high level of customer service. In-situ (in place) repair of the identified segment of the Maroon Creek pipeline is anticipated to reduce the impact of excavation and construction activities, as well as to increase the longevity of the pipe system. The addition of more access points along the pipeline will 5 allow for improved access and will minimize the need for excavation related to future pipeline maintenance and repair. ALTERNATIVES: Staff believes this is a critical project to maintain the integrity of the source water pipeline from Maroon Creek, which is critical to the operation of the Maroon Creek hydroelectric facility and to the contribution of source water for treatment and eventual distribution throughout the City’s service areas. Council can elect to forgo the change order to this existing design contract and proceed with finalizing permitting and bidding the project without assistance from the consulting engineer. However, this action does not make use of the consultant’s expertise with the design plans and will likely delay important environmental permitting. Additionally, this scope allows staff to efficiently and accurately address bidder questions and assist the City with a comprehensive assessment of bid results and bidder qualifications. RECOMMENDED ACTION:Staff requests Council approval of Change Order 001, in the amount of $47,965.00, to Murraysmith, Inc.’s professional services contract for engineering design of the Maroon Creek Pipeline Rehabilitation. PROPOSED MOTION:I move to approve Resolution #104 of 2022. CITY MANAGER COMMENTS: ATTACHMENTS: A. Exhibit A Scope of Work Maroon Creek Pipeline Rehabilitation – Final Design, Permitting & Bidding from Murraysmith, Inc. B. Resolution #104 of 2022 6 RESOLUTION # 104 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CHANGE ORDER TO THE CONTRACT BETWEEN THE CITY OF ASPEN AND MURRAYSMITH, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a change order to the professional services agreement for the engineering design for the Maroon Creek Pipeline Rehabilitation Project, between the City of Aspen and Murraysmith, Inc., a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the change order to the professional services agreement for the engineering design for the Maroon Creek Pipeline Rehabilitation Project, between the City of Aspen and Murraysmith, 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 25 th day of October 2022. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, October 25 th, 2022. Nicole Henning, City Clerk 7 Change Order Form Revision 12/08/2021 Page 1 of 2 Change Order Form General Information Vendor Murraysmith, Inc. Change Order Number 001 Date of Issuance August 5, 2022 Project Name Maroon Creek Pipeline Rehabilitation Project Number 51149 Project Completion Date December 31, 2022 Project Manager Erin Loughlin COA Account Code 421.322.81200.52199.51149 Project Information Description Of Service Engineering design services for Maroon Creek raw water line rehabilitation from the headgate to the penstock of the hydroelectric plant. Description Of Change Order Additional cost-benefit analysis on pipeline rehabilitation options, bid alternatives, preliminary environmental assessment, and bidding support services. Cost-benefit analysis of rehabilitation options and bid alternatives are anticipated to improve the quality of bidding documents and to result in more competitive bids received. Wetland mapping in accordance with the U. S. Army Corps of Engineers (USACE) Nationwide Permit 3 (NWP 3) was determined to be required during original contracted scope for environmental permitting. Bidding support services by design engineer will assist with technical responses to request for information (RFI) received during the bidding process, as necessary, and provide comment and evaluation of received bid packages based upon consultant’s professional experience and follow-up with bidder references. Contract Information Original Contract Amount $196,990 Previous Change Order(s) $0 8 Change Order Form Revision 12/08/2021 Page 2 of 2 Change Order Amount (If Over 50k Change Order To Be Presented To Council For Approval) $47,965 Final Contract Amount (Including All Change Orders) $244,955 Revised Completion Date Signature 1. Contractor (Required) 2. Project Manager (Required) 3. Department Head (Required) 4. Procurement Officer (Required) 5. City Attorney (Required Based On Value Of Thresholds) 6. City Manager (Required Based On Value Of Thresholds) Original contract, if applicable all other change orders, and vendor quote for requested change order must be attached to this document. For additional information: See Procurement Policy “Change Orders And Add Services Request” (page 30). 9 City of Aspen MURRAYSMITH Maroon Creek Pipeline Rehabilitation: May 2022 1 Final Design, Permitting & Bidding EXHIBIT A SCOPE OF WORK MAROON CREEK PIPELINE REHABILITATION – FINAL DESIGN, PERMITTING & BIDDING CITY OF ASPEN Project Background The City of Aspen (City) contracted Murraysmith in June 2020 to provide engineering design services up to 90% design documents for the rehabilitation of approximately 7,200 lineal feet of the Maroon Creek Pipeline, part of the City’s critical raw water supply infrastructure. Engineering services are required to progress the pipeline rehabilitation design from 90% design documents through conformed construction documents and support the City through the bidding process. This scope outlines the additional services to the Maroon Creek Pipeline Rehabilitation Professional Services Agreement, City of Aspen Contract No. 51149-2020, and has been separated into two tasks for clarity that are described in detail below. Scope of Services Consultant will perform the following services. Task 1 – Project Management and Coordination 1.1 Technical Presentations Murraysmith will coordinate with the City’s project team members to deliver technical presentations to City staff and other stakeholders regarding technical subject matter related to design and critical discussion items and coordination points. The purpose of the technical presentation is to engage in depth discussions regarding rehabilitation technologies and provide a forum for City staff members to gather information that would be necessary for future meetings with City Council and City residents. 1.2 Design Review Meetings This task includes up to two meetings to discuss design progress and solicit feedback from the City’s project team. Murraysmith will prepare a current set of design plans and meeting agenda highlighting the discussion items for each meeting. 10 City of Aspen MURRAYSMITH Maroon Creek Pipeline Rehabilitation: May 2022 2 Final Design, Permitting & Bidding \\ad.msa-ep.com\Portland\PDX_BD\Clients\Aspen, City of, CO\Maroon and Castle Creek Rehab RFP\Aspen Maroon Creek Pipeline - Additional Services to Phase Bid\Murraysmith - Maroon Creek Rehab - Final Design Services.docx Task Deliverables  Monthly project invoices and progress reports  Meeting agendas and minutes Assumptions  Meeting agendas will be delivered two business days prior to meetings.  Meeting minutes will be delivered within one week after meetings have been held.  Presentations and meetings may be held in person, virtually, or a combination thereof depending on the City’s preference. Task 2 – Cost Analysis and Phased Bid Documents 2.1 Cost Analysis Murraysmith has prepared a cost analysis comparing the selected rehabilitation technology to the alternative options of continued point repairs and allowing the waterline to age until total failure. Elements of the cost analysis has been included and submitted to City staff. 2.2 Phase I Bid Documents – Access Point Installation Murraysmith will prepare Phase I Bid Documents, to include the installation of several manholes along Maroon Creek Pipeline that will allow adequate man access for pipeline repairs and rehabilitation. Finalizing the location and number of access manholes will require coordination with Pitkin County to limit the risk of potential traffic hazards within the roadway. The Phase I Bid Documents will also include the installation of a new segment of waterline that crosses Maroon Creek. 2.3 Phase II Bid Documents – Waterline Rehabilitation Murraysmith will prepare Phase II Bid Documents, to include the installation of UV-cured in place pipe (UV-CIPP) to rehabilitate approximately 7,000 linear feet of the Maroon Creek Pipeline, from the headgate at Maroon Creek to a tee that divides flow between the City’s Water Treatment Plant and the Maroon Creek Hydroelectric Plant. Task Deliverables  Phase I Bid Documents, including plans and specifications  Phase II Bid Documents, including plans and specifications  Assumptions  Life Cycle Cost Analysis provided in 2021, no further documentation will be required. 11 City of Aspen MURRAYSMITH Maroon Creek Pipeline Rehabilitation: May 2022 3 Final Design, Permitting & Bidding \\ad.msa-ep.com\Portland\PDX_BD\Clients\Aspen, City of, CO\Maroon and Castle Creek Rehab RFP\Aspen Maroon Creek Pipeline - Additional Services to Phase Bid\Murraysmith - Maroon Creek Rehab - Final Design Services.docx Task 3 – Permitting and Environmental Services Activities 3.1 USACE Section 404 Authorization Under the guidance of the Murraysmith project team, SWCA will submit an authorization request to the U.S. Army Corps of Engineers (USACE) Grand Junction Regulatory Office for Clean Water Act Section 404 (Section 404) authorization for the rehabilitation of the Maroon Creek Pipeline. SWCA will prepare a wetland delineation report documenting field delineations of wetland and non- wetland waters at the pipeline crossing of Maroon Creek. SWCA will also prepare a pre- construction notification (PCN) requesting authorization that the permit meets requirements of Nationwide Permit (NWP) 3: Maintenance or NWP 58: Utility Line Activities for Water and Other Substances. The PCN will include the cultural resources assessment report prepared under Task 3.2. 3.2 Cultural Resources Assessment and Report Murraysmith will provide necessary oversight to SWCA in the preparation of a cultural resources assessment report to document project compliance with NWP wetland and non-wetland water impacts (Condition 20) associated with the pipeline crossing of Maroon Creek. The assessment will include a desktop review and field survey methods to assess the pipeline crossing and a 50-foot buffer of the impact area. Task 3.2 may be delayed until the USACE determines that the cultural resources assessment is necessary to complete the authorization process. However, due to the length of the review period, this approach could delay the authorization issuance and therefore construction schedule. It is recommended that Task 3.2 is delayed only if the City decides that the anticipated construction schedule is not critical. 3.3 Pitkin County Floodplain Permitting Murraysmith will prepare all documentation required for Pitkin County Floodplain Permit Application, including Section 404 Permit documentation, a No-Rise Certificate, drainage and erosion control plans, and mapping. 3.4 FERC Coordination and Memo Murraysmith will prepare a memorandum for submittal to the Federal Energy and Regulatory Commission (FERC) outlining the information gathered during the other activities under Task 3 in pursuit of a Categorical Exclusion (CE) for the work performed under the National Environmental Policy Act (NEPA). 12 City of Aspen MURRAYSMITH Maroon Creek Pipeline Rehabilitation: May 2022 4 Final Design, Permitting & Bidding \\ad.msa-ep.com\Portland\PDX_BD\Clients\Aspen, City of, CO\Maroon and Castle Creek Rehab RFP\Aspen Maroon Creek Pipeline - Additional Services to Phase Bid\Murraysmith - Maroon Creek Rehab - Final Design Services.docx Task Deliverables  Wetland Delineation Report  Desktop assessment of federally listed threatened and endangered species  Cultural Resources Assessment and Report  Pitkin County Floodplain Permit Application  Memorandum to FERC Assumptions  The Wetland Delineation Report will include a narrative description of methods and results, detailed mapping, photographs, and wetland determination data forms.  USACE authorization will be received within 45 days, pending review and input by the Colorado Office of Archaeology and Historic Preservation (OAHP).  This task does not include mitigation design or onsite meetings with USACE.  This task does not include coordination related to the preparation of an environmental assessment or environmental impact statement. If FERC or USFW requires these submittals for a categorical exclusion these services will be provided under a separate scope of work.  The Pitkin County Floodplain Permit will not require hydraulic or hydrologic modeling or the submittal of a Conditional Letter of Map Revision (CLOMR). Task 4 – Final Design and Bidding Support Activities 4.1 Prebid Meeting Murraysmith will organize a pre-bid meeting to provide prospective bidders with an open forum to discuss questions and design considerations with the design team and City staff. This meeting will be held at least one week after bid documents have been advertised and at least one week prior to the deadline for bid submittals. Murraysmith will attend the prebid meeting in person and will also provide accommodations for virtual attendees. 4.2 RFI Responses and Addenda Murraysmith will document questions received via email and during the prebid meeting along with any answers and relevant discussion and prepare a Request for Information (RFI) for distribution to all attendees of the prebid meeting. RFI will be issued within one week of the meeting and within one week of the deadline for questions. If design clarifications are required, Murraysmith will prepare and issue addenda to the contract documents. 13 City of Aspen MURRAYSMITH Maroon Creek Pipeline Rehabilitation: May 2022 5 Final Design, Permitting & Bidding \\ad.msa-ep.com\Portland\PDX_BD\Clients\Aspen, City of, CO\Maroon and Castle Creek Rehab RFP\Aspen Maroon Creek Pipeline - Additional Services to Phase Bid\Murraysmith - Maroon Creek Rehab - Final Design Services.docx 4.3 Conformed Construction Documents Murraysmith shall compile all addenda and issue a conformed set of construction documents, including design plans and specifications, for issuance to the winning bidder as selected by the City. Task Deliverables  Prebid meeting agenda and sign-in list  RFIs and Addenda, as necessary  Conformed Construction Documents Assumptions  The prebid meeting agenda will be delivered two business days prior to the meeting, and meeting minutes will be delivered within one week after the prebid meeting.  RFI will be issued within one week of the meeting and within one week of the deadline for questions. Budget Payment will be made at the Billing rates for personnel working directly on the project, which will be made at the Consultant’s Hourly Rates, plus Direct Expenses incurred. Billing rates are as shown in the Fee Estimate attached. Direct Expenses Expenses incurred in-house that are directly attributable to the project will be invoiced at actual cost. These expenses include the following. Computer Aided Design and Drafting $18.00/hour GIS and Hydraulic Modeling $10.00/hour Mileage Current IRS Rate Postage and Delivery Services At Cost Printing and Reproduction At Cost Travel, Lodging and Subsistence At Cost 14 MAROON CREEK PIPELINE REHABILITATION - FINAL DESIGN, PERMITTING & BIDDING CITY OF ASPEN PROPOSED FEE ESTIMATE LABOR CLASSIFICATION (HOURS) Principal Engineer II Principal Engineer III Professional Engineer IV Engineering Designer III Hours Labor SWCA Subconsultant Multiplier % Markup Subconsultant Total with Markup Expenses Total Price O'Sullivan Walmsley Burrows Task 1 - Project Management and Coordination Task 1.1 - Technical Presentations 2 2 2 2 8 1,652$ 1.1 -$ -$ 1,652$ Task 1.2 - Design Review Meetings 2 3 3 8 1,483$ 1.1 -$ -$ 1,483$ Task 1 Subtotal 4 2 5 5 16 3,135$ -$ -$ -$ 3,135$ Task 2 - Cost Analysis and Phased Bid Documents Task 2.1 - Cost Analysis 2 2 6 6 16 2,984$ 1.1 -$ -$ 2,984$ Task 2.2 - Phase I Bid Documents - Access Point Installation 2 2 4 4 12 2,318$ 1.1 -$ -$ 2,318$ Task 2.3 - Phase II Bid Documents - Waterline Rehabilitation 3 3 8 10 24 4,471$ 1.1 -$ -$ 4,471$ Task 2 Subtotal 7 7 18 20 52 9,773$ -$ -$ -$ 9,773$ Task 3 - Permitting and Environmental Services Task 3.1 - USACE Section 404 Authorization 2 4 6 12 2,144$ 8,750$ 1.1 9,625$ -$ 11,769$ Task 3.2 - Cultural Resources Assessment and Report 2 4 8 14 2,472$ 7,965$ 1.1 8,762$ -$ 11,234$ Task 3.3 - Pitkin County Floodplain Permitting 1 4 8 13 2,230$ 1.1 -$ -$ 2,230$ Task 3.4 - FERC Coordination and Memo 2 8 8 18 3,148$ 1.1 -$ -$ 3,148$ Task 3 Subtotal 7 0 20 30 57 9,994$ 16,715$ 18,387$ -$ 28,381$ Task 4 - Bidding Support Task 4.1 - Prebid Meeting 2 1 2 4 9 1,729$ 1.1 -$ -$ 1,729$ Task 4.2 - RFI Responses and Addenda 2 1 5 5 13 2,400$ 1.1 -$ 480$ 2,880$ Task 4.3 - Conformed Construction Documents 2 1 4 4 11 2,067$ 1.1 -$ -$ 2,067$ Task 4 Subtotal 6 3 11 13 33 6,196$ -$ -$ 480$ 6,676$ TOTAL - ALL TASKS 24 12 54 68 158 29,098$ 16,715$ 18,387$ 480$ 47,965$ Staff Name Subconsultants City of Aspen May 2022 \\ad.msa-ep.com\Portland\PDX_BD\Clients\Aspen, City of, CO\Maroon and Castle Creek Rehab RFP\Aspen Maroon Creek Pipeline - Additional Services to Phase Bid\Fee Estimate\Murraysmith 2022 Fee Estimate - Maroon Creek Rehab - Additional 15 MEMORANDUM TO:Mayor and City Council FROM:Erin Loughlin, P.E., Project Manager THROUGH:Ryan Loebach, P.E., Senior Project Manager Tyler Christoff, P.E., Utilities Director MEMO DATE:October 17 th, 2022 MEETING DATE:October 25 th, 2022 RE:Resolution #116, Series of 2022 – As-needed emergency raw water pipeline repair services contract approval for Elite Pipeline Services, Inc. REQUEST OF COUNCIL:Staff requests Council approval of the as-needed emergency raw water pipeline repair services contract. Staff recommends awarding this contract to Elite Pipeline Services, Inc. SUMMARY AND BACKGROUND: The Utility Department has historically required emergency, as-needed contracting services to assist staff with emergency portable water main repairs, electric cable faults, or raw water pipe repairs. These around-the-clock services secured through an as-needed contract, are critical to the timely and safe resolution to these operational failure situations. During these emergencies, trained and licensed City staff require additional resources to complete a timely repair. Additional expertise and equipment associated with utility excavation, roadway repair, stormwater management and traffic control are a critical addition to City crews. A quick, skillfully executed repair by staff and an on-call contractor minimizes both the potential for contamination and the impact to the public. DISCUSSION: The City proposes utilizing as-needed contract services to solve raw water pipe emergencies to reduce risk, augment staff, and provide the most efficient and timely settlement of an emergency as possible. This type of resolution ensures the highest level of service to our customers and community. The City staff evaluated the performance of Elite Pipeline Services, Inc., a concrete pipe joint and pipe repair specialty company, in previous work and contracts. In making this evaluation, key project staffing, training, specialty work experience, and general on-call responsiveness were used to assess and recommend this vendor. Elite Pipeline Services, Inc. has over 15 years’ experience with the City of Aspen raw water system, as well as other municipal and utility infrastructure projects. Past performance associated with these projects has proven Elite Pipeline Services, Inc. to be 16 a conscientious and consummate professional. Staff recommends that it is in the City’s best interests to award the contract to this vendor. FINANCIAL IMPACTS: Staff intends to use these as-needed contract services as the need arises, over the course of a three-year contract duration. Based upon historical data, staff anticipates between one to two repairs annually. Individual leak repair costs vary depending upon the size, scope, and season. Staff have budgeted the following funding based on previous emergency raw water repair costs, construction cost escalation, and contingency. Projected Expenditures Anticipated Raw Water Pipe Joint Repairs (annual)$75,000.00 Contingency $5,000.00 Total Projected Annual Expenditures $80,000.00 Spending authority has already been approved by Council as part of the 2022 Budget, within the Raw Water program of the Water Utility Fund operating budget and would be applied towards this as-needed contract. ENVIRONMENTAL IMPACTS: Elite Pipeline Services, Inc. has worked with City staff to quickly, and safely, repair and return water infrastructure to service after a joint repair. This quick and professional resolution minimizes water loss, potential damage to other community assets, and impacts to the City’s raw water facilities and the nearby Maroon Creek and Castle Creek. ALTERNATIVES:If Council does not approve this contract, then City staff will continue coordinating and scheduling emergency raw water repair services on short notice, through emergency procurement procedures, and without the benefit of having a vendor contractually on-call to mobilize within 48-hours. Without this three-year contract City staff also may not have the ability to solicit competitive bids for repair services in an emergency situation. RECOMMENDATIONS:Staff requests Council approval for as-needed emergency raw water pipe joint repair services contract. Staff recommends awarding this contract to Elite Pipeline Services, Inc. CITY MANAGER COMMENTS: ATTACHMENTS: A. Exhibit A City of Aspen General Services Agreement for Project Number 2022-262 B. Resolution #116 of 2022 17 RESOLUTION # 116 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND ELITE PIPELINE SERVICES, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a general services agreement for As-needed emergency pipeline repair services for the City’s raw water pipe lines, between the City of Aspen and Elite Pipeline Services, Inc., a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the general services agreement for As-needed emergency pipeline repair services for the City’s raw water pipe lines, between the City of Aspen and Elite Pipeline 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 25 th day of October 2022. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, October 25 th, 2022. Nicole Henning, City Clerk 18 CITY OF ASPEN GENERAL SERVICES AGREEMENT Project Number: 2022-262 THIS AGREEMENT made this 7th day of September, 2022, by and between the City of Aspen ("City") and the Contractor identified hereinbelow. WITNESSETH, that whereas the City wishes to purchase the services described hereinbelow and Contractor wishes to provide said services to the City as specified herein. NOW THEREFORE, in consideration of the following covenants, the parties agree as follows: CONTRACTOR NAME: Elite Pipeline Services, Inc. ADDRESS: 5220 Edgewater Drive, Allendale, MI 49401 CONTACT PERSON: Charlie Jonaitis PHONE NUMBER: 616-726-8286 EMAIL: cjonaitis@elitepipeline.com DESCRIPTION OF SERVICE Elite Pipeline Services, Inc. shall respond to calls for emergency repair services for raw water pipe joint repair, inspection, and testing services from the City of Aspen Water/Utilities Department on an as-needed basis. Services needed for each call may vary depending on pipeline size, scope, and season. Staff may require an immediate emergency response from an on-call contractor with a mobilization time not exceeding 48 hours. Certificates of insurance will be required for each project and bonds may be required. On occasion, Elite Pipeline Services, Inc. will be required to operate City owned equipment. In such event, Elite Pipeline Services, Inc. warrants and agrees that it will provide a qualified operator for such equipment. Further, Elite Pipeline Services, Inc. acknowledges and agrees that the indemnification set forth in paragraph 9 of the General Conditions, attached hereto as Exhibit “A”, shall extend and apply to the use of the City’s equipment and acknowledges and agrees that Elite Pipeline Services, Inc. will be responsible for any damage to the City’s equipment caused by the negligence or willful misconduct of the employee of Elite Pipeline Services, Inc.. DocuSign Envelope ID: 1560941D-C80A-4B06-8637-220757DACB83 19 2 DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED The contract will be for a period of three (3) years with two (2) one-year options to renew if both parties are agreeable. The contract will begin September 2022. The City will allow an annual price increase based on CPI for years two and three, and the renewals if exercised. DESCRIPTION OF AMOUNT, METHOD OR MANNER OF COMPENSATION The City will pay Elite Pipeline Services, Inc. an hourly rate based upon the rates provided for specific services listed on Exhibit B. The City does not guarantee a minimum dollar value per work order, per year or throughout the contract period. The maximum dollar value per calendar year shall be $80,000. Contract rates will be valid for all City departments. AMENDMENTS TO GENERAL CONDITIONS The parties acknowledge and understand that this Service Agreement is, except as specifically amended hereinabove, subject to all of the terms and conditions set forth in the City of Aspen General Conditions for Service Agreements, a copy of which is appended hereto as Appendix "A" and by this reference made a part hereof. Having agreed to the above and foregoing, the parties hereto do affix their signatures. City of Aspen: Contractor: By: By: Title: ________________________ Title: _________________________ Date: ________________________ Date: _________________________ Approved as to form: _______________________________ DocuSign Envelope ID: 1560941D-C80A-4B06-8637-220757DACB83 9/12/2022 | 5:30:12 AM MDT Controller Charlie Jonaitis 20 3 City Attorney’s Office General Conditions Special Conditions can be found on City of Aspen Website. https://www.cityofaspen.com/497/Purchasing DocuSign Envelope ID: 1560941D-C80A-4B06-8637-220757DACB83 21 4 EXHIBIT "A" CITY OF ASPEN GENERAL CONDITIONS FOR SERVICE AGREEMENTS These General Conditions have been prepared by the City of Aspen to be incorporated by reference into Service Agreements entered into between service providers ("Contractor") and the City of Aspen ("City"). The provisions herein may be interrelated with standard provisions of the Service Agreement customarily used by the City of Aspen to contract for services. A change in one document may necessitate a change in the other. Any amendments to the following terms and conditions mutually agreed to by the Contractor and the City shall be specifically noted on the Service Agreement. 1. Completion. Contractor shall commence the provision of services as described in the Service Agreement in a timely manner. Upon request of the City, Contractor shall submit, for the City's approval, a schedule for the performance of Contractor's services which shall be adjusted as required. This schedule, when approved by the City, shall not, except for reasonable cause, be altered by the Contractor. 2. Payment. In consideration of the services provided, City shall pay Contractor the amounts set forth in the Service Agreement. Contractor shall submit, in timely fashion, invoices for services performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Contractor within ten days from receipt of the Contractor's billing. Contractor's invoice shall be for the period ending the last day of each month and submitted to the City no later than the 5th day of each month. 3. Non-Assignability. Both parties recognize that this Service 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 Contractor of any of the responsibilities or obligations under this Service Agreement. Contractor shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractor's officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Contractor 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 subcontractor unless agreed to in writing beforehand by the City. 4. Termination. The Contractor or the City may terminate this Service Agreement upon thirty (30) days notice, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. The City shall have the right to terminate the Service Agreement upon three (3) days notice if Contractor fails to comply with the terms and conditions set forth in Sections 1, 3, 5, 6, 7, 10, 13, 14, 16, 19 or 21. For breach of any other term and condition of the Service Agreement, City may DocuSign Envelope ID: 1560941D-C80A-4B06-8637-220757DACB83 22 5 terminate the Service Agreement with ten (10) days prior notice to cure and failure by Contractor to so cure. No compensation shall be earned after the effective date of the termination. Notwithstanding the above, Contractor 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 Contractor, and the City may withhold any payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor may be determined. 5. Covenant Against Contingent Fees. The Contractor warrants that s/he has not been employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this Service Agreement, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this Service Agreement. 6. Equipment, Materials and Supplies. Unless otherwise agreed to by the City, Contractor shall acquire, provide, maintain, and repair at Contractor's expense such equipment, materials, supplies, etc., as necessary for the proper conduct of the services to be provided in accordance with the Service Agreement. 7. Contract Monitoring. Contractor agrees to allow City to reasonably monitor the services to be provided in accordance with the Service Agreement. 8. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this Service Agreement shall result in, or be construed as establishing an employment relationship. Contractor 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 Contractor 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 Service Agreement. The manner and means of conducting the work are under the sole control of Contractor. 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 Contractor. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, servants and subcontractors during the performance of this Service Agreement. Contractor 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 Contractor and/or Contractor's employees engaged in the performance of the services agreed to herein. 9. Indemnification. Supplier 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, DocuSign Envelope ID: 1560941D-C80A-4B06-8637-220757DACB83 23 6 error, professional error, mistake, negligence, or other fault of the Supplier, any subcontractor of the Supplier, or any officer, employee, representative, or agent of the Supplier or of any subcontractor of the Supplier, or which arises out of any workmen's compensation claim of any employee of the Supplier or of any employee of any subcontractor of the Supplier. The Supplier 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 Supplier, 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 Supplier for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 10. Contractor's Insurance. (a) Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 9 above. Such insurance shall be in addition to any other insurance requirements imposed by the Service Agreement or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 9 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) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (c) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (d) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned, hired and non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this Section shall be met by each employee of the Contractor providing services to the City under this contract. DocuSign Envelope ID: 1560941D-C80A-4B06-8637-220757DACB83 24 7 (e) If the Service Agreement requires any insurance in addition to that referenced above at subsections (a) and (b), or a particular type of coverage, Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages referenced in the Service Agreement. All insurance coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 9 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. (f) 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 insur- ance, 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 Contractor. No additional insured endorsement to the policies required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. (g) The certificate of insurance provided by the City shall be completed by the Contractor'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 certificate shall identify the Service Agreement 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. (h) Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of Service Agreement upon which City may terminate the Service Agreement as provided by Section 4 above, 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 Contractor to City upon demand, or City may offset the cost of the premiums against monies due to Contractor from City. (i) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (j) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this Service Agreement, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protection 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. 11. 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 Finance Department and are available to Contractor for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. DocuSign Envelope ID: 1560941D-C80A-4B06-8637-220757DACB83 25 8 City shall provide Contractor reasonable notice of any changes in its membership or participation in CIRSA. 12. Waiver of Presumption. The Service 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 Service Agreement. 13. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Contractor certifies, by acceptance of the Service 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 vendor or any lower tier participant was unable to certify to this statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 14. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Service Agreement 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 Contractor for the purpose of securing business. Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering 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 Service Agreement, or to any solicitation or proposal therefor. Contractor represents that no official, officer, employee or representative of the City during the term of the Service Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in the Service Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of the Service Agreement. 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 the Service Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Contractor, vendor, or sub- contractor under City contracts; 3. Deduct from the Service Agreement price or consideration, or otherwise recover, the value of anything transferred or received by the Contractor; and 4. Recover such value from the offending parties. DocuSign Envelope ID: 1560941D-C80A-4B06-8637-220757DACB83 26 9 15. Termination for Default or for Convenience of City. The services contemplated by the Service Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 16. 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 the Service Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, the Service Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of the Service Agreement. 17. City Council Approval. If the Service Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 18. Notices. Any written notices as called for herein may be hand delivered or mailed by certified mail, return receipt requested to the respective person or address listed for the Contractor in the Service Agreement. 19. Non-Discrimination; penalty. 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 Service Agreement. Contractor agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-discrimination in employment. 20. City of Aspen Procurement Code. Notwithstanding anything to the contrary contained herein or in the Contract Documents, the Service Agreement shall be subject to the City of Aspen Procurement Code, Chapter 3 of the Aspen Municipal Code. 21. Compliance With All Laws and Regulations. Contractor shall give all notices and comply with all laws, regulations, and ordinances applicable to the provision of the services contemplated by the Service Agreement. Contractor shall obtain all necessary business licenses and permits, and shall pay all requisite occupation taxes levied by the City of Aspen upon persons engaged in business within the City limits. 22. 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 the Service 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 Contractor to which the same may apply and, until complete performance by Contractor of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under the Service Agreement or by law despite any such forbearance or indulgence. 23. Execution of Service Agreement by City. The Service Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, the Service Agreement shall not be DocuSign Envelope ID: 1560941D-C80A-4B06-8637-220757DACB83 27 10 binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly authorized official in his or her absence). 24. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101 Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21- 1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(III) as it relates to the employment of and contracting with a “worker without authorization” which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a Consultant who knowingly hires with a worker without authorization to perform work under the contract. The law also requires that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 5. “Worker without authorization” means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States By signing this document, Consultant certifies and represents that at this time: 1. Consultant shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and 2. Consultant has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not workers without authorization. Consultant hereby confirms that: DocuSign Envelope ID: 1560941D-C80A-4B06-8637-220757DACB83 28 11 1. Consultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Consultant shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Consultant shall: 1. Notify such subconsultant and the Owner within three days that Consultant has actual knowledge that the subconsultant is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsultant does not stop employing or contracting with the worker without authorization; except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with a worker without authorization. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5-102 (5), C.R.S. If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant’s violation of Subsection 8-17.5-102, C.R.S. It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. DocuSign Envelope ID: 1560941D-C80A-4B06-8637-220757DACB83 29 12 25. General Terms. (a) It is agreed that neither the Service 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 the Service 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) The Service Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. 26. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. DocuSign Envelope ID: 1560941D-C80A-4B06-8637-220757DACB83 30 MEMORANDUM TO:Mayor and City Council FROM: Jerry Nye, Superintendent of Streets THROUGH: Tyler Christoff, Assistant Public Works Director Scott Miller, Public Works Director MEETING DATE:October 25th, 2022 RE:Resolution #119 Series 2022 Procurement of Two Western Star Sand/Plow Trucks for the Streets Department REQUEST OF COUNCIL: Staff recommends approval of the contract resolution #119 series 2022, for the fleet replacement of two International Sand/Plow Trucks for the Streets Department SUMMARY AND BACKGROUND: The Street Department uses Sand/Plow trucks to apply sand and deicer while clearing snow from City roadways. These trucks are a vital part to our snow removal process. This purchase is based off a state award process. These Trucks are on a 10-year replacement cycle, and they are now 11 years old and in need of being replaced. DISCUSSION: The Street Department is currently using two International Sand/Plow trucks. These Two sand trucks are part of the 2022 Fleet replacement. These are proposed to be replaced by two 2023 Western Star trucks equipped with a V body stainless steel bed. These trucks will have side mounted sanders and will have 11-foot snowplows. These Trucks are our best means of plowing and sanding the City Streets to provide safe road conditions for vehicles and bus traffic within the City Limits. In the summer months these trucks are also utilized for hauling hot asphalt material for our street asphalt patching. These trucks will be equipped with side discharge for the material, this allows for asphalt to be dispersed in small quantities for patching. The new trucks will be put on a 10-year replacement cycle and will be evaluate at that time for new replacement. FINANCIAL IMPACTS: The 2022 Fleet Management plan budgeted $370,000 for the replacement of two International Sand/Plow trucks with trade. The trade in cost will vary due to supply chain shortages and timing of vehicles being delivered. Fleet staff propose utilizing savings created during the procurement of 2022 Tymco street sweeper to cover the anticipated funding shortage. Additionally, a supplemental request for the fall has been submitted to cover the remaining $144,000 that is not appropriated. Proposed funding and expenditures are outlined below: 31 Proposed Funding: 2022 Fleet Funding $370,000 Anticipated Trade-in and Fleet Savings $132,000 2022 Fall Supplemental Request $144,000 Total $646,000 Proposed Expenditures: Two Western Star DVS with Plow $646,000 Total $646,000 ENVIRONMENTAL IMPACTS: These Trucks come with a tier 4F compliant, meeting all the current diesel emission regulations. It will include a diesel particulate filter, crank case ventilation filter, and exhaust gas recirculation valve which helps lower greenhouse gas emissions. RECOMMENDATIONS:Staff recommends approval of contract Resolution #119 for the purchase of Two Western Star DVS Plow/Sand trucks for the Streets Department. CITY MANAGER COMMENTS: 32 RESOLUTION #119 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND OJ Watson Equipment 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, (2) Western Star plow/sand trucks with plow between the City of Aspen and OJ Watson Equipment, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for, (2) Western Star plow/sand trucks with plow between the City of Aspen and OJ Watson Equipment 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 25 th day of October 2022. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, October 25th, 2022. Nicole Henning, City Clerk 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 1 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Amy Simon, Planning Director MEMO DATE: October 10, 2022 MEETING DATE: October 25, 2022 RE: Notice of Call Up, HPC approval for 132 W. Hopkins- Conceptual Major Development, Relocation and Variations APPLICANT /OWNER: Michael R. Berghoff Trust & Kristian Berghoff Trust REPRESENTATIVE: Gretchen Greenwood LOCATION: Street Address: 132 W. Hopkins Legal Description: Lot 2, 134 and 134 ½ W Hopkins historic landmark lot split, according to the plat thereof recorded May 4, 2004, in plat book 69 at page 6 as reception no. 497137 City and Townsite of Aspen, Colorado Parcel Identification Number: PID# 2735-124-19-002 CURRENT ZONING & USE R-6 (Moderate-Density Residential); Single-family home PROPOSED ZONING & USE: No change PROCESS SUMMARY: Certain land use approvals granted by HPC or P&Z require that Council be notified of the decision through a brief staff summary. The notification is not a public hearing and no applicant presentation or public comment has been accepted in the past. During the Call Up Notice, City Council may uphold the HPC or P&Z decision. Alternatively, Council may request more detailed information be provided through a presentation by staff and the applicant at a future meeting. After hearing the additional project description, Council may uphold the boards’ decision or may remand it to require reconsideration of specific issues at a new public hearing. HPC’s or P&Z’s decision on remand shall be final. BACKGROUND: 132 W. Hopkins is a landmark designated property containing a Victorian miner’s cottage. The resource was moved to its current site and expanded in the 80s. HPC recently reviewed a proposal to demolish the thirty year old addition, place the house on a basement, and expand with new construction. Restoration of altered original features is also planned. Site Locator Map – 132 W Hopkins 55 2 STAFF RECOMMENDATION: HPC first reviewed this project on December 8, 2021 and continued it for restudy of the height of the addition, proposed fenestration, and for the architect to address questions about the requested variations. On March 9, 2022, after a restudy was submitted, HPC granted Conceptual Major Development, Relocation, Setback Variations and a Floor Area Bonus for a new addition and restoration of the subject historic resource, all found to be in compliance with current design guidelines. The subject site is one-half of a historic landmark lot split approved some years ago. The related lot to the west also contains a relocated historic resource. The two sites share the floor area that could otherwise have been developed as a single structure. The existing development at 132 W. Hopkins is 1,596 square feet of floor area. The approved project is 1,820 square feet, including an 116.4 square foot floor area bonus. Setback variations were allowed to assist in pushing the new construction as far to the rear of the historic structure as possible. The addition encroaches into the rear setback, and into the west sideyard. The lot is somewhat irregularly shaped due to the lot split being approved after the existing homes were placed on the site. The approval was unanimous, 4-0, was supported by staff, and had typical conditions of approval requiring continued investigation of historic conditions during construction, when more original fabric is exposed to view. Staff recommends Council uphold HPC’s decision. FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: N/A RECOMMENDATION: Staff recommends Council uphold HPC’s decision. Alternative Motion for Call-up “I move to call-up HPC’s approval for 132 W. Hopkins- Conceptual Major Development, Relocation and Variations.” . CITY MANAGER COMMENTS: ___________________________________________________________________________________ ___________________________________________________________________________________ _______________________________________________________________________. EXHIBITS: A – HPC memo, March 9, 2022 B – HPC approved drawings C – HPC meeting minutes, March 9, 2022 D – HPC resolution 56