Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
agenda.council.regular.20230425
AGENDA CITY COUNCIL REGULAR MEETING April 25, 2023 5:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Call to Order II.Roll Call III.Scheduled Public Appearances IV.Citizens Comments & Petitions V.Special Orders of the Day ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/87664088128? pwd=Qy85SnBId2FvNnQ5cGZPeHVtRzQyZz09 Passcode: 81611 Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 719 359 4580 Webinar ID: 876 6408 8128 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kc6qKImJu (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 1 VI.Consent Calendar VI.A Resolution #056, Series of 2023 - Contract for Micro-Transit VI.B Resolution #058, Series of 2023 - Meadowood Pump Station Improvements VI.C Resolution #059, Series of 2023 - A-OK Plumbing & Heating, Inc. As-Needed Contract VI.D Resolution #060 & #061, Series of 2023 - Hallam and Garmisch Storm Pipe and Watermain Replacement Project VI.E Resolution #062, Series of 2023 - Nurse Consultant Contract VI.F Resolution #063, Series of 2023 - Replacement Of Common Area Flooring - Yellow Brick VI.G Resolution #064, Series 2023 - Contract for Wheeler Bar Concessionaire VI.H Resolution #067, Series of 2023 - Council Board Appointments (These matters may be adopted together by a single motion) downtowner contract memo 2023-2028.docx resolution_23-056_micro_transit.docx micro transit services Aspen Downtowner Group 23-28.pdf Council Memo Meadowood Pump Station Improvements-Final.docx Reso__058_of_2023_Meadowood_Pump_Station_Improvements.doc Attachment B. Contract for Construction - Meadowood Pump Station Improvements & Standby Power- signed by VCI.pdf Attachment C. Velocity Constructors Proposal.pdf A-OK Plumbing Council Memo 4.25.23.docx A-OK_Plumbing_Resolution_2023-059.doc EXHIBIT A - 2023-179 A-Ok Professional Services Agreement 4.3.23.pdf Hallam_Garmisch_Council_Memo__060_and_061_2023.docx Resolution__060_2023 (3).doc Resolution__061_2023.doc Attachment A – Contract with Heyl, Inc..pdf Childcare Nurse Consultant contract Memo 4-25-2023.docx Resolution__062__Series_2023_ (1).doc 2023-185_Childcare_Nurse_Consultant_Professional_Services_Agreement- rev1.docx.pdf 51414 Yellow Brick Floor Replacement Council Memo.docx Resolution.council.063.23.docx Exhibit A - Professional Services Agreement Vicunha Flooring.docx.pdf Council Memo For Resolution #064, series 2023 - Contract for Wheeler Bar Concessionaire.pdf Resolution #064, series 2023 - Contract for Wheeler Bar Concessionaire Exhibit_A_-_Bar_West_dba_Escobar_Operating_Agreement.pdf Resolution 67-2023-council boards.docx 2 2 VI.I Resolution #068, Series of 2023 - APCHA Appointments VI.J Draft Minutes of March 14th, 2023 VII.Notice of Call-Up VIII.First Reading of Ordinances IX.Public Hearings IX.A Ordinance #08, Series 2023 - Updates to Park Rental and Special Event Municipal Codes X.Action Items XI.Adjournment Resolution 68-2023-Ward and John APCHA.docx cc.min.031423.docx Attachment_A_-_Ordinance__8__2023__- Park_Rental_and_Special_Event_Ordinance (1).docx Attachment B - DRAFT 2023 Park Use Policy 04032023.docx Attachment C - DRAFT 2023 Special Event Policy 02212023.docx Ordinance_08_Series_2023_Memo.docx 3 3 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Pete Rice, P.E., Assistant City Engineer / Director of Transportation and Parking, Lynn Rumbaugh, TDM-cp, Mobility Division Manager THROUGH:Trish Aragon, P.E., City Engineer, Scott Miller, Director of Public Works MEETING DATE:April 25, 2023 RE:Resolution 2023-056: Professional Services Agreement for Micro-Transit Services SUMMARY: Staff requests that Aspen City Council approve Resolution 056 of 2023, authorizing the City Manager to sign the attached Professional Services Agreement between the City of Aspen and Aspen Downtowner Group, LLC for the provision of micro-transit services for up to five years. PREVIOUS COUNCIL ACTION: In 2016, Aspen City Council approved a pilot on-demand transit program with Downtowner as the selected vendor. In 2018, Aspen City Council approved its current contract with Downtowner following a competitive procurement process. BACKGROUND: The Downtowner micro-transit service is the result of Council’s desire to implement an app- based on-demand transit option to reduce traffic and parking congestion in downtown Aspen. The service began operation as a pilot in summer 2016 and has continued through the winter of 2023. 4 2 Per the City’s procurement code, an RFP for further micro-transit services was issued this winter. Four responsive proposals were evaluated via vendor interviews and demonstrations, resulting in the Downtowner being selected as the vendor best suited to provide the services. The attached agreement allows for up to five additional years of micro-transit operations as outlined in the Scope of Work. Highlights of the Scope of Work include: Service will continue to operate as fare free, with no gratuities accepted. Service will continue as turnkey, with app, drivers and vehicles provided by the vendor. Service area can be modified as needed, although it may impact wait times. To improve wait times during peak winter season, additional hours and drivers have been included in the price proposal. For 2023, service will operate with the current fleet mix of Chevy Bolts, a GEM vehicle and a Ford Transit vehicle; however, the price agreement allows for an upgrade to a fully electric fleet in 2024. The vendor will partner with the City to assist with fixed route service interruptions. DISCUSSION: At the time of its implementation, micro-transit services were seen as a means of providing quick trips between downtown Aspen and nearby neighborhoods either not well-served by fixed route transit or served by transit that was not well-utilized. Service goals included reducing parking occupancy in the downtown core by eliminating personal vehicle trips. Since its inception, Downtowner service has carried over 438,000 riders, with peak annual ridership of 78,851 occurring in 2019. 2023 ridership year-to-date is outpacing 2019, indicating a possible return to pre-COVID usage. The average wait time for service is eight minutes, with the average customer service rating averaging 4.93 out of a possible 5. The 2017 Short-Range Transit Plan found this service to be a valuable addition to the transportation options menu and suggested that the City consider maximizing micro-transit in areas where fixed route may be struggling. The Transportation and Parking Comprehensive plan scheduled for 2023, is an excellent time to revisit micro-transit goals with community, consultant, and Council input. With that in mind, staff has worked with the vendor to create a 5 3 pricing plan that provides a base level of service along with a branding refresh and a fleet adjustment in 2024. Staff plans to return to Council to discuss micro-transit goals, hours, boundaries, branding and fleet mix as part of the comprehensive planning process, or sooner if preferred. FINANCIAL IMPLICATIONS: The total amount to be expended for micro transit services in 2023 is available within the 2023 Transportation Fund budget with no supplemental request needed. The annual costs for 2024 and beyond will be included in the Transportation Fund as part of the City’s yearly budget process, with Council approval. A cost matrix appears below and is included in the Professional Services agreement as Exhibit B. HOURS YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 BASE (up to 4 vehicles in service)10,100 $600,831.00 $624,864.00 $649,859.00 $675,853.00 $702,887.00 5th vehicle/driver for peak dates 217 $14,000.00 $15,000.00 $16,000.00 $17,000.00 $18,000.00 Rebranding (wraps, similar) $14,500.00 Electric vehicle changeover $39,000.00 $41,000.00 $42,000.00 44,000.00 Annual base total $600,831.00 $624,864.00 $649,859.00 $675,853.00 $702,887.00 Annual not to exceed total $629,331.00 $678,864.00 $706,859.00 $734,853.00 $764,887.00 RECOMMENDATION: Staff recommends that Council approve Resolution 056 of 2023, authorizing the City Manager to sign the attached Professional Services Agreement between the City of Aspen and Aspen Downtowner Group, LLC for the provision of micro-transit services. ATTACHMENTS: Attachment A: Resolution #056 of 2023 Attachment B: Professional Services Agreement for micro-transit services 6 RESOLUTION NO. 056 Series of 2023 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASPEN AND ASPEN DOWNTOWNER GROUP, LLC AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS the City of Aspen strives to reduce traffic congestion and improve air quality utilizing Transportation Demand Management measures; and WHEREAS the City of Aspen seeks to provide micro-transit services asan alternative tosingle- occupant vehicle trips as detailed in the PROFESSIONAL SERVICES AGREEMENT which is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves the Professional Services Agreement for micro-transitservice,between the City of Aspen and Aspen Downtowner Group, LLC, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager of the City of Aspen 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 25th day of April 2023. _________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on April 25th, 2023. ______________________ Nicole Henning, City Clerk 7 Agreement Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2022-095 AGREEMENT made this 25th day of April, in the year 2023. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Aspen Downtowner Group, LLC c/o Travis Gleason 515 North Flagler Drive, Suite P-300 West Palm Beach, FL 33401 Phone: 561-929-1471 For the Following Project: Micro transit services, May 1, 2023 through May 1, 2024; with one year extensions through May 1, 2028 Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: April 25, 2023 Resolution No.:2023-056 Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Total: $629,331.00 (not to exceed) 8 Agreement Professional Services Page 1 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 May 1, 2028. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit 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 VXbconWUacWoUV¶ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to 9 Agreement Professional Services Page 2 use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any 10 Agreement Professional Services Page 3 claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) 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 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 ins urance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies 11 Agreement Professional Services Page 4 shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper - ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. 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 12 Agreement Professional Services Page 5 performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly a uthorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. 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 conWUacWing ZiWh a ³ZoUkeU ZiWhoXW aXWhoUi]aWion´ Zhich iV defined aV an indiYidXal Zho iV Xnable Wo pUoYide eYidence WhaW Whe 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 Professional 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 Professional or a subprofessional not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 5. ³WoUkeU ZiWhoXW aXWhoUi]aWion´ meanV an indiYidXal Zho iV Xnable Wo pUoYide eYidence WhaW the individual is authorized by the federal government to work in the United States By signing this document, Professional certifies and represents that at this time: 1. Professional shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and 13 Agreement Professional Services Page 6 2. Professional 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. Professional hereby confirms that: 1. Professional shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Professional shall not enter into a contract with a subprofessional that fails to certify to the Professional that the subprofessional shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Professional 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. Professional 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 Professional obtains actual knowledge th at a subprofessional performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Professional shall: 1. Notify such subprofessional and the Owner within three days that Professional has actual knowledge that the subprofessional is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subprofessional if within three days of receiving the notice required pursuant to this section the subprofessional does not stop employing or contracting with the worker without authorization; except that Professional shall not terminate the Public Contract for Services with the subprofessional if during such three days the subprofessional provides information to establish that the subprofessional has not knowingly employed or contracted with a worker without authorization. Professional 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 Professional 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, Professional shall be liable for actual damages to the Owner arising out of Professional¶V YiolaWion of SXbVecWion 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. 14 Agreement Professional Services Page 7 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. 17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influe ncing 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 matt er, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 18. 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. 19. 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. 15 Agreement Professional Services Page 8 (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. 20. 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. 21. 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. 22. 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. 23. AWWoUne\¶V FeeV. In the event that legal action is necessary to enforce any of the provisions of WhiV AgUeemenW, Whe pUeYailing paUW\ Vhall be enWiWled Wo iWV coVWV and UeaVonable aWWoUne\¶V feeV. 24. 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. 25. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion . Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently 16 Agreement Professional Services Page 9 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. 26. 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. 27. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approve as to Form: _____________________ City Attorney General Conditions and Special Conditions can be found on City of Aspen Website. Purchasing | Aspen, CO 17 Agreement Professional Services Page 10 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT 1. Level of service (LOS), Service Area, Span of Service 1.1 The CiW\¶V WaUgeW LOS provides customer pick-up times of no more than 15 minutes post request. Vendor must notify the City of any planned or unplanned situations that will cause service disruptions reducing the agreed upon LOS. 1.2 Services will be offered door-to-door or door-to-hub within the agreed upon service area. The current service area is depicted in Attachment A. Service area may be modified by the City upon request. 1.3 Should a service area modification result in a degradation of the LOS, the City will modify the LOS requirements administratively and/or the City will work with the Vendor to add drivers and/or vehicles per the fee schedule (Exhibit B). 1.4 The Vendor will prioritize trips aW Whe CiW\¶V UeTXeVW Wo: a. Prioritize geographic areas during a fixed route service outage, special event or similar. b. Transition to a portion of the fleet to fixed route service. c. Lead time to prioritize geographic areas during a fixed route service out is 24 hours. d. Lead time to transition a portion of the fleet to fixed route service during a fixed route service out is 24 hours. 1.5 Services will be offered during the agreed upon span of service. The current span of service is outlined in Attachment A. The span of service may be modified by the City upon request per the fee schedule. 2. Configuration, Trip Request, Confirmation, Rou ting and Dispatching Platform 2.1 The Vendor will offer a smartphone app (compatible with the last 3 major versions for both iOS and Android) as the primary tool to request service. 2.2 The platform has a web-based graphical user interface to create and manage service areas including the ability to expand, constrict, and exclude locations within the service area. 2.3 The customer will input their desired origin-destination pair. Upon confirmation that the requested trip is indeed qualified, the customer will receive a confirmation along with the 18 Agreement Professional Services Page 11 estimated time of arrival of the assigned vehicle as well as the real time location of the assigned vehicle as it approaches the pickup location. 2.4 Customers who do not qualify for service will be directed via the app to contact information for service alternatives. 2.5 The app will be available in both English and Spanish and offer special functionalities for customers that are blind or low-vision. 2.6 A full-service call center will be available as an alternative to the use of an app. The call -in option will allow be available during service hours for trip requests, lost and found, and other customer service items in both English and Spanish as well as TTY. 2.7 A centralized software platform will complete the following tasks in a fully automated manner without human intervention: a. Receiving all trip requests through the smartphone app and call center. b. Processing the origin-destination pair for each trip request to confirm whether the trip is within the appropriate service area. c. Identifying whether the customer is requesting a regular service or a WAV service and assigning a vehicle appropriately. d. Assigning and dispatching a vehicle to complete that trip on the most efficient route while ensuring that the agreed upon LOS for all customers in that vehicle will be met. e. Routing the driver around closed roads, detours and areas determined as off-limits. f. Matching riders into trips so that the VMT is reduced and HOV capacity is increased. g. Providing accurate real time estimations of time of pick-up and time of arrival to the customers. h. Providing an approximation of the pickup vehicle location so the customer knows from which direction it will be approaching. i. Providing a door-to-hub option should door-to-door service be unachievable. j. Following up with customers in a manner such that they may rate their experience and answer questions related to trip purpose, mode shift and other items based on the CiW\¶V needV. k. Providing those who do not qualify for service with information or alternatives. 2.8 The platform is able to review historical vehicle GPS data and routing with metadata. 2.9 The Vendor will provide the City with prior notice to any system/software maintenance or outages that may cause service disruptions. 19 Agreement Professional Services Page 12 3. Fleet Vehicles 3.1 The VendoU¶V fleet will be defined as the pool of vehicles made available to provide the proposed service. These vehicles may be owned by the Vendor or accessed via an affiliation agreement. 3.2 The Vendor is responsible for maintenance and cleanliness of the fleet. Vehicle maintenance and cleaning mXVW occXU ZiWhoXW impacW Wo Whe CiW\¶V LOS UeTuirements. The Vendor will maintain a sufficient spare ratio, mainWenance pUoWocol and UepaiU pUoceVV ZheUein Whe CiW\¶V LOS is maintained without service interruption. 3.3 The Vendor will utilize a fleet of all or majority electric vehicles. If the entirety of the fleet is not electric at the outset, the vendor will provide a plan for transition to an all-electric fleet within the contracting period, with the cost of vehicle upgrades included in the program budget, not to be invoiced until the upgraded vehicles are placed in service. 3.4 Each vehicle will carry a minimum of three adult passengers with seatbelts. The vehicles will allow for the carriage of pets as well as winter ski/snowboard gear. At least one vehicle in the fleet will be ADA accessible, preferably electric. 3.5 The Vendor may utilize an agreed upon number of parking and charging spaces at the Rio Grande Parking Garage and/or on street at the discretion of the City. Parking spaces provided by the City may not be used for long term storage of vehicles not in regular operation, nor may parking areas be utilized for storage of equipment or personal vehicles. Parking areas provided by the City must be kept neat and free of debris. Vehicles parked in City parking spaces must be moved upon City direction. 3.6 All vehicles will be equipped with the necessary data and voice connectivity, hardware, and software tools to receive customer trip requests on-demand, and passenger pick-up and/or drop- off locations as assigned by the central trip-dispatching platform. All drivers will be trained in using these tools while operating their vehicles before they provide the proposed service. 3.7 Vehicles will be wrapped and/or decaled in branded design approved by the City. No other exterior advertising will be allowed. Interior advertising (including via tablets) will be limited to that related specifically to City of Aspen public transportation services or other City services as approved by the Transportation Department. 3.8 The interior of the vehicle will allow for the placement of x Permanent signage indicating that drivers are not allowed to accept gratuity, x Indication that the service is provided fare-free by the City, x Information on other transportation options at the direction of the City. 20 Agreement Professional Services Page 13 4. Wheelchair Accessible Vehicle (WAV) / ADA Service 4.1 The Vendor will deploy a WAV-based on-demand service as part of the project, with the same target LOS. 4.2 Equivalent WAV service may be achieved by: a. making the entire fleet wheelchair-accessible; or b. having a share of the fleet be WAVs and ensuring that there is always a sufficient number of WAVs available during service hours to deliver the target LOS. 4.3 Each WAV vehicle used must be licensed to provide the transportation service offered by the Vendor in its proposal by the corresponding licensing authority. 5. Driver Requirements 5.1 Drivers may be employees of the Vendor (or one of the entities that make up the Contractor), individual subcontractors of the Contractor, or affiliated drivers to any of the entities that make up the Contractor. Drivers will not be employed by the City. 5.2 The City does not require the Vendor to have a specific number of affiliated drivers, provided that the Vendor ensures it will maintain enough drivers to provide the agreed upon LOS at any given time during service provision hours, including periods of peak demand. 5.3 The Vendor shall notify the City at any time voluntary or involuntary staff reductions will cause a service disruption and the Vendor shall indicate a mitigation plan. 5.4 All dUiYeUV mXVW hold a Yalid ColoUado SWaWe dUiYeU¶V licenVe pUoYiding legal aXWhoUiW\ Wo operate the specific service and vehicle in service. 5.5 The Vendor will provide to the City its Driver Policies on annual basis. Any changes to Whe VendoU¶V policieV UelaWed Wo WheVe iWemV mXVW be pUoYided Wo Whe CiW\ and aUe VXbjecW Wo City review: x customer service training and policies x method of handling customer complaints x progressive discipline employed x drug and alcohol testing x prevention of employment of illegal aliens 5.6 Upon request of the City, Vendor will remove any driver from this service whose conduct is deemed unacceptable. 21 Agreement Professional Services Page 14 6. Fare Collection and Gratuity 6.1 Vendor drivers will be trained that they may not solicit or accept gratuities. 6.2 No materials related to the service and/or within the vehicles will refer to acceptance of gratuity in any manner. 6.3 Permanent vehicle signage will be placed in obvious locations, within view of passengers informing that no gratuity is accepted. This information will also be noticeable in printed materials, web materials and within the App. 6.4 Solicitation of gratuity verbally, via printed materials or otherwise will result in progressive diVcipline and/oU VepaUaWion peU Whe pUoYideU¶V polic\. 7. Data Sharing and Reporting 7.1 Vendor will anonymize any customer data to the greatest extent possible before it is passed on to the City. 7.2 The Vendor will provide the City with a monthly report detailing the following at a minimum: data point by day by month Total trips x x Trip request method percentage (app, call center, wave down) x Total number of passengers x x Percentage of shared rides x x Total miles and driver hours x x Passengers per hour x x Program cost per passenger x Geographical summary of origin and destination (heat map preferred) x Demand volume by time x x LOS summary (average wait time, average trip time) x x Percentage of WAV rides and average wait time for WAV rides x x Trips rejected due to service area x Trips looked up but not requested (high wait time) x Customer service rating summary x Percentage of personal car trips replaced (survey question) x Summary of customer complaints and safety-related incidents x 22 Agreement Professional Services Page 15 Summary of operational issues including maintenance, dropped runs, accidents x Summary of technology issues such as planned or unplanned services outages x 7.3 The Vendor will provide the City access to a password-protected real-time information dashboard to include at a minimum: x current driver and vehicle location x rides requested and completed x current wait time / on-time performance x passenger feedback 8. Program Management and Marketing 8.1 The Vendor will offer a program team charged with collaborating with City staff in all matters related to the planning and implementation phases of the program, from attending general phone calls, emails, in-person meetings, etc., to conducting analyses, preparing reports, and invoicing the City for the services provided. 8.2 The Vendor will provide the City with contact information for a management level employee that may be reached via phone or email during service hours. 8.3 The Vendor will invoice the City monthly for the services completed the previous month. Invoices will detail hours serviced and will credit the City of Aspen for any services not operated per the fee schedule. Invoices will be accompanied by the required monthly report. 8.4 The Vendor will have the primary responsibility to market its services prior to and during implementation. No marketing partnerships shall be entered into between the vendor and any other entities without approval of the City of Aspen. 8.5 The Vendor and the City will review any material prepared prior to its use by the other party with the City reserving the right to final approval. 8.6 The City reserves the right to prepare and post information about other mobility services ZiWhin Whe ConWUacWoU¶V YehicleV. 8.7 Should a rebranding of the service occur within the contracting period, the rebranding costs will be invoiced to the City per the fee schedule. 23 Agreement Professional Services Page 16 ATTACHMENT A Level of service (LOS), Service Area, Span of Service Effective May 1, 2023 Level of Service 15 minutes average between trip request and passenger pick-up Service Area: May be modified upon City request. Lead time for service area modification is one week. Span of Service 10:00am-11:00pm daily in spring, summer and fall 8:00am-11:00pm daily from Thanksgiving Day to either April 15th or the close of ski season on Aspen Mountain, whichever is first. May be modified at City request per the fee schedule. Lead time for additional service hours is 2-4 weeks. 24 Agreement Professional Services Page 17 EXHIBIT B PROFESSIONAL SERVICES AGREEMENT Fee Schedule HOURS YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 BASE (up to 4 vehicles in service) 10,100 $600,831.00 $624,864.00 $649,859.00 $675,853.00 $702,887.00 5th vehicle/driver for peak dates 217 $14,000.00 $15,000.00 $16,000.00 $17,000.00 $18,000.00 Rebranding (wraps, similar) * $14,500.00 Electric vehicle changeover* $39,000.00 $41,000.00 $42,000.00 44,000.00 Annual base total $600,831.00 $624,864.00 $649,859.00 $675,853.00 $702,887.00 Annual not to exceed total $629,331.00 $678,864.00 $706,859.00 $734,853.00 $764,887.00 Annual base total = service hours with four vehicles Annual not to exceed total = service hours with four vehicles and optional items * not invoiced unless completed Unit cost for additional hours with existing vehicles: $60/hour Refund for services not operated: Winter: $1000/day Summer: $700/day Spring/fall: $400/day 25 MEMORANDUM TO:Mayor and City Council FROM:Andy Rossello, Project Manager III THROUGH:Ryan Loebach, Sr. Project Manager Justin Forman, Director of Utilities MEMO DATE:April 25th, 2023 MEETING DATE:April 25th, 2023 RE:Resolution # 058, Series of 2023 - Contract Construction and Installation of Emergency Backup Generator and Pump Station Improvements at the Meadowood Pump Station REQUEST OF COUNCIL:Staff recommends approval of the contract with Velocity Constructors, Inc. in the amount of $337,014.00 to construct and install a standby emergency generator and site improvements to improve operational control at the Meadowood Pump Station. PREVIOUS COUNCIL ACTION: The 2023 budget contains the funds for backup emergency generators at remote pump stations through project 51327: Pump Station Standby Power. City Council approved project 51327 through the 2023 budget process. BACKGROUND:Based on recent risk and resiliency assessments the City Utilities Department identified the need for emergency/backup power at specific critical pump stations throughout the system. This is the second of several emergency/backup generators that staff will install to ensure continued potable water delivery in the event of an extended electrical power outage. The construction contract also includes several water system improvements located within a new vault below the pump station. Those improvements include the vault, a remote-operated isolation valve, flow meter, and associated controls upgrades. DISCUSSION:City staff solicited Requests for Proposal (RFP) from qualified construction firms to install these pump station improvements. The proposal was evaluated by a team of City staff members. The proposal was reviewed utilizing the following criteria that were set forth in the RFP: Cost Demonstrated experience in City of Aspen Contractor’s written approach to the project 26 The City received only one responsive bid. The bidder has experience working within the City of Aspen’s water system with demonstrated success on several recently completed projects. The proposed bidder’s costs were within the proposed project budget. Construction progress will be monitored by City Staff during the fall construction season. FINANCIAL/BUDGET IMPACTS: Staff intends to use Project 51327 to fund the generator installation and associated water system improvements. Total Water Expenditures Velocity Constructors, Inc. $337,014.00 Contingency (15% of the Above Contract) $50,552.00 Total $387,566.00 Funding Budgeted 2023 Project 51327 Funding $706,910.00 Total $706,910.00 ENVIRONMENTAL IMPACTS:This installation has been designed to minimize generator use by operating only during the duration of an emergency event and for a testing cycle of approximately 10 minutes per week. Based on required emergency power requirements, land use, topography, and existing technology, staff believes no feasible renewable or energy storage alternatives exist for this specific use case. ALTERNATIVES: On-site energy storage was investigated as an alternative to a natural gas generator for this emergency power need. An on-site energy storage system to supply reliable power in the event of an outage would require an area larger than the City has available and cost nearly four times the cost of the proposed natural gas generator installation. Additionally, this type of system would be exhausted after a three-day period and would not offer any additional system resilience due to an extended outage. Staff will continue to monitor the development of storage technology; however, no feasible products exist for this application in the current marketplace. RECOMMENDED ACTION:Staff recommends the approval of the contract with Velocity Constructors, Inc. for $337,014.00. PROPOSED MOTION:I move to approve Resolution # 058 of 2023. CITY MANAGER COMMENTS: ATTACHMENTS: A. Resolution # 058 of 2023 B. Contract with Velocity Constructors, Inc. C. Velocity Constructors Proposal 27 RESOLUTION # 058 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND VELOCITY CONSTRUCTORS, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for the construction of Meadowood Pump Station Improvements, between the City of Aspen and Velocity Constructors, Inc., a true and accurate copy of which is attached hereto as Exhibit “B”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for construction of the Meadowood Pump Station Improvements, between the City of Aspen and Velocity Constructors, 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 April 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 25 th, 2023. Nicole Henning, City Clerk 28 29 30 31 32 33 34 35 Bid Enclosed Meadowood Pump Station Improvements & Standby Power City of Aspen, CO Attn: Andy Rossello City of Aspen 130 S. Galena Street Aspen, CO 81611 March 31, 2023 @ 2:00PM Velocity Constructors, Inc. 2107 W. College Ave, Englewood, CO 80110 Phone: 303-984-7800 Fax: 303-984-7802 www.velocityci.com Project No. 2023-021 136 City of Aspen – Meadowood Pump Station Improvements & Standby Power Project No: 2023-021 Invitation To Bid (ITB) 2107 W. College Avenue ‖ Englewood, Colorado 80110 ‖ Phone: 303 -984-7800 Fax: 303-984-7802 COVER LETTER City of Aspen 130 S. Galena Street Aspen, CO 81611 Project Number: 2023-021 Project Name: City of Aspen – Meadowood Pump Station Improvements & Standby Power Velocity Constructors, Inc. (VCI) has received and reviewed the Invitation to Bid (ITB) for the Meadowood Pump Station Improvements & Standby Power Project located in Aspen, CO and are pleased to provide this attached Proposal. VCI is a general construction company specializing in Water, Wastewater Treatment Plants, Lift and Booster Pump Stations, Water Tanks, Wells, and Pump/Utility Projects. Incorporated on April 4, 2002, as a Construction Firm. VCI’s in-house services consist of consulting, engineering, and construction services. VCI can self-perform up to approximately 80% of the work in a typical treatment plant if required to meet schedule or cost constraints. Our staff has the experience and knowledge in finding unique solutions for difficult projects. We take pride in delivering cost-effective construction projects while providing the highest level of support and quality. The following proposal will demonstrate many of the attributes we believe you will find invaluable on your upcoming project. Some of these attributes include: • Colorado-based firm of twenty years VCI is based in Englewood; we are a local firm with local personnel and other established relationships in Colorado that will assist in the success of the proposed project as well as the added benefit to respond quickly and effectively to emergency situations. • An in-depth knowledge of the industry and current technology VCI is a firm that specializes in the construction and upgrades of water and wastewater treatment facilities, lift and booster pump stations, water tanks, wells, PRV vaults, water vaults and pump/utility infrastructure projects; primarily in Colorado and often at plants that need to remain operational. This knowledge provides our project partners with experience specifically related to process facilities. We understand how and why these facilities need to function and what it takes to construct each element to deliver quality and longevity to the owner while maintaining operation of the plant. • Focused team, with the proven ability to deliver quality, innovative and cost-effective solutions. The members of our proposed key staff have the highest level of integrity and a demonstrated history of proactively addressing constructability issues, providing cost-effective and efficient solutions from design to start-up and commissioning. We trust you will find the enclosed documents demonstrate that our team has the experience and ability to successfully complete your project. We thank the city for this opportunity and are excited for the possibilities. Sincerely, Velocity Constructors, Inc. Robert Rogstad Vice President 237 City of Aspen – Meadowood Pump Station Improvements & Standby Power Project No: 2023-021 Invitation To Bid (ITB) 2107 W. College Avenue ‖ Englewood, Colorado 80110 ‖ Phone: 303 -984-7800 Fax: 303-984-7802 TABLE OF CONTENTS BID PROPOSAL FORM .................................................................................................................................................... 4 SUBCONTRACTOR & MATERIAL LIST .................................................................................................................... 8 AFFIDAVIT OF COMPLIANCE...................................................................................................................................... 9 LIQUIDATED DAMGES FOR FAILURE TO COMPLETE ..................................................................................... 10 CERTIFICATE OF INCORPORATION ....................................................................................................................... 11 EVIDENCE OF AUTHORITY TO SIGN ............................................................................................................12 EVIDENCE OF AUTHORITY TO DO BUISNESS IN COLORADO ..................................................................... 13 CONTRACTOR LICENSE .............................................................................................................................................. 14 QUALIFICATION STATEMENT .................................................................................................................................. 15 338 439 540 Meadowood Bid Proposal Item Number Bid Item Quantity Quantity Type Materials Cost (Each) Labor & Misc Cost (Each) Labor & Materials. Total Cost 1 Mobilization 1 LS $0.00 $88,714.00 $88,714.00 2 Traffic Control 1 LS $0.00 $3,351.00 $3,351.00 3 Construction Management Plan 1 LS $0.00 $2,223.00 $2,223.00 Schedule A: 20" Butterfly and Manhole 5 20" Valmatic Valve and Auma Actuator 1 EA $16,490.00 $2,136.00 $18,626.00 6 Smith Blair Transition Fittings 2 EA $9,892.00 $318.00 $20,420.00 7 Pipe Spool Fl x PE with 6" Tap or tapping saddle for ARV 1 EA $9,663.00 $2,681.00 $12,344.00 8 Pipe Support 1 EA $381.00 $502.00 $883.00 9 20" Flange Couplng Adapter 1 EA $6,370.00 $480.00 $6,850.00 10 Combo Air Release Valve (Valmatic) piping and Isolation valve 1 EA $8,320.00 $239.00 $8,559.00 11 6' Manhole, Lid, Access Ladder, and Cast in place Bottom section 1 EA $10,296.00 $3,894.00 $14,190.00 12 Earthwork including all work necessary to prep the site to expose pipe, install manhole, and backfill.1 LS $36.00 $9,839.00 $9,875.00 13 Conduit and trenching for Power and Controls 1 LS $2,121.00 $4,545.00 $6,666.00 14 Electrical for MOBFV and controls 1 EA $909.00 $2,182.00 $3,091.00 15 Asphalt Mill and Repair 1 LS $130.00 $9,975.00 $10,105.00 Schedule B: 8" Flow meter and Manhole 16 8" McCrometer Full Body Flow meter 1 EA $110.00 $510.00 $620.00 17 Conduit and Trenching for Electrical and controls.1 EA $485.00 $152.00 $637.00 18 4' Manhole W/ eccentric cone, lid and access rungs.1 EA $16,927.00 $4,008.00 $20,935.00 19 8" Flange Coupling Adapter 1 EA $1,200.00 $690.00 $1,890.00 20 8" Mega Flange 1 EA $1,004.00 $65.00 $1,069.00 21 Earthwork including all work necessary to prep the site for exposing pipe, installing manhole, and backfill. 1 LS $2,899.00 $10,027.00 $12,926.00 22 Conduit and Trenching for Power and Controls 1 EA $667.00 $1,061.00 $1,728.00 23 Electrical For Flow Meter Electrical and Controls 1 EA $485.00 $1,030.00 $1,515.00 Schedule C: Generator Pad, Automatic Transfer Switch Installation 24 Site Preparation for Generator 1 LS $313.00 $2,219.00 $2,532.00 25 Trenching and Conduit for Controls and Electrical 1 EA $1,757.00 $2,879.00 $4,636.00 26 Concrete Pad installation.1 LS $3,754.00 $1,938.00 $5,692.00 27 Site grading and restoration (include dry stacked boulder wall)1 LS $303.00 $4,255.00 $4,558.00 28 Automatic Transfer Switch Installation 1 LS $2,424.00 $4,242.00 $6,666.00 29 Electrical for Generator and HCE Coordination 1 LS $4,545.00 $6,969.00 $11,514.00 30 Gas Line and BHE Coordination 1 LS $808.00 $762.00 $1,570.00 31 Crane and Equipment to set Generator 1 LS $5,454.00 $2,424.00 $7,878.00 32 Commission Generator 1 LS $0.00 $2,189.00 $2,189.00 33 Erosion and Sediment Control 1 LS $2,935.00 $4,532.00 $7,467.00 34 Site Restoration/Revegetation 1 LS $3,368.00 $2,906.00 $6,274.00 35 MISC. PERMITS (Holy Cross, Black Hills)1 LS $3,030.00 $25,791.00 $28,821.00 Materials Cost Total $117,076.00 Labor and Misc Cost Total $209,728.00 Labor and Material Total $337,014.00 REVISION: 0 DESCRIPTION: ISSUED FOR CONSTRUCTION DATE: 2022-02-03 Sheet 1 of 1641 742 843 944 1045 1146 1247 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold , as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, is a formed or registered on under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number . This certificate reflects facts established or disclosed by documents delivered to this office on paper through that have been posted, and by documents delivered to this office electronically through @ . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on @ in accordance with applicable law. This certificate is assigned Confirmation Number . *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State’s website is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State’s website, https://www.coloradosos.gov/biz/CertificateSearchCriteria.do entering the certificate’s confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our website, https://www.coloradosos.gov click “Businesses, trademarks, trade names” and select “Frequently Asked Questions.” VELOCITY CONSTRUCTORS, INC. Corporation 20021085684 02/27/2023 03/01/2023 11:35:07 03/01/2023 11:35:07 14742390 04/04/2002 1348 1449 City of Aspen Qualification Statement Project No. 2023-021 Meadowood Pump Station Improvements & Standby Generator 1. Firm Name, Business Address, Contact Person & Telephone Number: 2. Year Present Firm 3. Date This Form Established: Prepared: 4. Type of Ownership: A. Small Business B. Minority Owned C. Women Owned 5. Names of not more than two principals to contact: Title/Telephone: a) b) 6. Project Examples, Last 5 Years: Project Name, Location & Brief Description: Owner's Name, Address & Telephone: Cost of Work Date (X $1,000) Completed 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. QS1-971.doc *QS1 1550 1651 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY VMancha PD Ded: $1,000 GLO353818500 BAP353818600 WC353818400 X 10,000 C Greenwood Village, CO 80111 D C Builders Risk Pollution/Professional Liab. Leased/Rented Equipment 07/01/22 X X 720-458-5770 B 10,000 07/01/23 NBrown@holmesmurphy.com 1,000Ded 10,000,000 10,000Ded 1,000Ded Nick Brown 1,000,000 1,000,000 X 7600 East Orchard Road, Suite 230 South 09/01/22 09/01/22 09/01/22 INDIAN HARBOR INS CO ATLANTIC SPECIALTY INS CO TRAVELERS PROP CAS CO OF AMER ZURICH AMER INS CO X 09/01/23 07/01/23 09/01/23 1,000,000 07/01/23 2107 W. College Avenue Holmes Murphy & Associates - CO 1,000,000 08/31/2022 **For Information Only** $8,000,000 Limit $2,000,000 Limit $200,000 Limit X X X 66472397 66472397 1,000,000 07/01/22 10,000,000 N A X 7100380970006 PEC005039305 07/01/23 7100380970006 2,000,000 respect to the above referenced. of Subrogation in favor of the Certificate Holder and Owner applies to Worker's Compensation and General Liability with X A contributory basis with respect to the above referenced. As required by written contract or written agreement, a Waiver above referenced. As required by written contract or written agreement, under General Liability on a primary and non- included as Additional Insured under General Liability, Automobile Liability and Umbrella Liability with respect to the A Project: Project Number: As required by written contract or written agreement, the Certificate Holder and Owner are 100,000 36940 27154 25674 16535 07/01/22 X 1,000,000 X CUP5T63379422NF 2,000,000 07/01/22 1-844-484-7750 Englewood, CO 80110 07/01/23 Velocity Constructors, Inc. 1752 Statement of Qualifications Meadowood Pump Station Improvements & Standby Power Project City of Aspen, CO Velocity Constructors, Inc. 2107 W. College Ave, Englewood, CO 80110 Phone: 303-984-7800 Fax: 303-984-7802 www.velocityci.com Project No. 2023-021 Prepared for: City of Aspen 130 S. Galena Street Aspen, CO 81611 Prepared by: Velocity Constructors, Inc. 2107 W. College Ave. Englewood, CO 80110 1853 City of Aspen – Meadowood Pump Station Improvements & Standby Power Project No: 2023-021 Invitation To Bid (ITB) 2107 W. College Avenue ‖ Englewood, Colorado 80110 ‖ Phone: 303 -984-7800 Fax: 303-984-7802 ➢ GENERAL INFORMATION GENERAL DESCRIPTION OF THE FIRM Velocity Constructors, Inc, (VCI) is a general construction company specializing in Water and Wastewater Treatment Plants, Lift and Booster Pump Stations, Water Tanks, Wells, PRV Vaults, Water Vaults, and Pump/Utility Infrastructure Projects. Incorporated on April 4, 2002, as a Construction Firm by Grant Dunkle-President and Robert Rogstad-Vice President. VCI has grown to an award-winning business comprised of 65+ individuals ranging from salesman, estimators, safety and quality managers, site superintendents, project managers, project engineers, site supervisors, foreman, and craft personnel who provide a broad range of construction services. With core strengths in consulting, engineering, and construction services, VCI excels in providing technical services in the engineering, construction, equipment installation, renovation, and demolition areas. VCI provides consulting, and engineering support to numerous cities, state agencies and a variety of private clients. VCI has developed and implemented a mature health and safety program that is understood and supported by the entire company. Our health and safety professionals have developed and implemented health and safety plans for city and private clients and routinely conduct health and safety audits of our projects, review and approve all project safety and health plans, and interact with regulatory and client health and safety counterparts. VCI is a customer- oriented firm and we pride ourselves in the relationships we foster with our customers and the quality services we perform. Our clients have recognized VCI for our outstanding services and quality management. Our commitment to providing technical excellence and outstanding professional service in a timely and cost-efficient manner has resulted in satisfied customers. VCI has completed projects in compliance with RCRA, CERCLA, NEPA, the Clean Water Act, and EPA regulations among other state and federal regulations. Construction experience includes Design- Build, Design-Bid-Build, CMAR, and CMGC Projects. Our construction management experience includes public and stakeholder interface, regulatory compliance, project management, subcontractor management, safety management, and quality assurance management. Constructing at high altitude requires the right tools and the right people to rise to the challenge. Having completed many high-altitude projects, we have proven our first-hand knowledge of constructing within the extreme working conditions often found at high altitude. Our ingenuity and innovative techniques allow us to use the conditions to our advantage. We work hard and fight through any rough weather that comes our way. VCI has the capabilities and experience to serve as an integral team member providing construction phase services for the Meadowood Pump Station Improvements & Standby Power Project located in Aspen, CO. We will provide recognized and experienced technical staff who have the judgment and knowledge to support this project. Our Operating Principles: • We recognize that our employees are our greatest asset, and we offer them opportunities for growth. • We value innovative thinking and strive to find better ways of delivering value to our clients. • We perform our work in a safe and secure environment. • We complete our projects on time, under budget, and to the owner's satisfaction. • We operate with integrity. • We continue to be an integral part of the business community. 1954 City of Aspen – Meadowood Pump Station Improvements & Standby Power Project No: 2023-021 Invitation To Bid (ITB) 2107 W. College Avenue ‖ Englewood, Colorado 80110 ‖ Phone: 303 -984-7800 Fax: 303-984-7802 VCI’s primary contact for this project will be Dan Harrington, Project Manager, Phone: 303-974-3860, Email: dharrington@velocityci.com. COLORADO PROFESSIONAL AND CONTRACTOR LICENSES VCI Incorporated on April 4, 2002, as a Construction Firm with Jurisdiction in Colorado. State of Colorado Identification Number 20021085684. VCI is a registered corporation with sam.gov, UEI #LMS6UXSHJZHE Expiration Date February 14, 2023, DUNS #135766264, and CAGE #4K5H7. Sam.gov registration provided within attachment section. VCI has a General Contractor-Class A LIC2377322 through the City and County of Denver. Evidence Of Authority to do Business in Colorado and Contractor License provided. LEGAL STATUS VCI is a competent and professional service contractor with an established reputation with many Metro Districts, Cities, State, and Private Companies. VCI is pleased to say that we have no litigation, arbitration, or administrative hearing/claims to report in the last 5 years. VCI has no legal actions taken by any regulatory agency against or involving the firm or its agents or employees with respect to any work performed, include the disposition of each. ➢ PROJECT EXPERIENCE Some of our most recent construction and general contractor experience is as follows: Pueblo South Reservoir Pump Facilities & Discharge / Monument, CO Owner: Triview Metropolitan District 16055 Old Forest Pt., Suite 302 Monument, CO 80132 Jim McGrady 719-659-2852 Engineer: Schnabel Engineering 600 S. Airport Road, Suite A-205 Longmont, CO 80503 Bryan Black 303-651-1468 Project Number: 2201 Start Date: 01/2022 Original Contract Amount: $1,249,767 Final Contract Amount: $1,249,767 Number of Change Orders: 0 Total Cost: $0.00 Substantial Completion Date: 06/2022 Actual Completion Date: 08/2022 Program Manager: John Jacob Project Manager: Dan Harrington General Superintendent: Brian Brockopp Project Superintendent: Fred Carazzo Description: Phase 2 - Construction of pump station concrete base and placement of precast concrete building around the 37-inch diameter and 24-inch diameter pipelines. Excavations and fill placement around and above the slurry wall located below the pump station structure. Compaction and moisture conditioning for clay and granular material. Installation of 24-inch diameter steel pipeline. Installation of 24-inch diameter flanged pipe supports inside and outside the pump station facility building. Installation of air/vacuum combination valves on 37-inch, 24-inch and 12-inch diameter steel and ductile iron pipelines. Installation of pipe flange and cradle supports on 24-inch diameter steel pipeline. Installation of 24-inch diameter groundhog butterfly valve. Installation of 24-inch diameter ductile iron outlet works pipeline, couplings, and fittings (gravity and pumping). Construction of flow meter vault with sump pump and hatches. Installation of 24-inch diameter flow meter. Transition to 24-inch diameter HDPE pipeline. Excavation, installation, and backfilling of 24-inch butt welded HDPE pipeline, couplings, and fittings. Installation of transition couplings from steel pipe to ductile iron pipe and from ductile iron pipe to HDPE pipe. Placement of concrete thrust blocks at each bend of the 24-inch diameter HDPE pipeline. Excavation, installation, and backfilling of 60-inch access manholes along the pipeline. Construction of Outlet Structure for pump/gravity pipeline. Installation of check valve at outlet structure for pump/gravity pipeline. Installation of electrical and control panels at the pump facility structure. Installation of electrical conduits, cabling, wiring, junction boxes Running communication 2055 City of Aspen – Meadowood Pump Station Improvements & Standby Power Project No: 2023-021 Invitation To Bid (ITB) 2107 W. College Avenue ‖ Englewood, Colorado 80110 ‖ Phone: 303 -984-7800 Fax: 303-984-7802 cabling from pressure transducer and low-level pump switch to pump station facility building. Programming of the pump controls. Programming Triview SCADA system with pump facility. Installation of pump. Testing and commissioning of pump and controls. Construction of reservoir road. Hydrostatic testing of pipeline. Construction and As-Built Surveying. Construction Quality Control Testing. Seeding and revegetation of the disturbed areas. Willow Springs Ranch Wastewater Lift Station / Aurora, CO Owner: Polo Brown Company 514 Pike Avenue Canon City, CO 81212 Dan Brown 303-999-5533 Engineer: Forsgren Associates, Inc. 1271 Kelly Johnson Blvd, Suite 121 Colorado Springs, CO 80920 Mike Waresak 720-390-5497 Project Number: 2103 Start Date: 06/2021 Original Contract Amount: $1,355,872 Final Contract Amount: $1,946,179 Number of Change Orders: 24 Total Cost: $590,307 Substantial Completion Date: 09/2022 Actual Completion Date: 09/2022 Program Manager: John Jacob Project Manager: James Sulzbach General Superintendent: Brian Brockopp Project Superintendent: Gene Zoesch Description: Work included constructing a wastewater lift station including concrete wetwell with submersible pumps, precast concrete overflow storage tank, grease interceptor, pre-engineered metal building, emergency natural gas generator with enclosure, and security fencing. The Work also includes construction of a 4,805 LF force main including 4” PVC, 4” DIP and horizontal directional drilling under Monument Creek with 4” HDPE pipe. Roxborough Lift Station Pump P-204 Addition / Littleton, CO Owner: Roxborough Water and Sanitation District 6222 N. Roxborough Park Road Littleton, CO 80125 Mike Marcum 303-799-5197 Engineer: TST Infrastructure, LLC 61 Inverness Drive East, Suite 100 Englewood, CO 80112 Joel Catlin 303-799-5197 Project Number: 2009 Start Date: 07/2020 Original Contract Amount: $406,645 Final Contract Amount: $578,879 Number of Change Orders: 3 Total Cost: $172,234 Substantial Completion Date: 02/2021 Actual Completion Date: 02/2021 Program Manager: John Jacob Project Manager: James Sulzbach General Superintendent: Brian Brockopp Project Superintendent: Dwayne Hilinski Description: Work consisted of the installation of a 160 hp dry-pit configuration, centrifugal wastewater pump; 12” and 16” interior process piping, valves, and fittings to connect the pump to a 16” force main within the lift station; and electrical and controls for the pump. Namaqua Hills Pump Station Improvements / Loveland, CO Owner: City of Loveland 500 E. Third Street, Suite 230 Loveland, CO 80537 John Failkner 970-962-3712 Engineer: HDR Engineering Inc. 1670 Broadway, Suite 3400 Denver, CO 80202 Steve Pool 303-764-1540 Project Number: 2008 Start Date: 06/2020 2156 City of Aspen – Meadowood Pump Station Improvements & Standby Power Project No: 2023-021 Invitation To Bid (ITB) 2107 W. College Avenue ‖ Englewood, Colorado 80110 ‖ Phone: 303 -984-7800 Fax: 303-984-7802 Original Contract Amount: $647,629 Final Contract Amount: $668,126 Number of Change Orders: 13 Total Cost: $20,497 Substantial Completion Date: 06/2021 Actual Completion Date: 07/2021 Program Manager: John Jacob Project Manager: Dan Harrington General Superintendent: Brian Brockopp Project Superintendent: Robert Hudak Description: Furnishing and installing three (3) new vertical multistage centrifugal pumps, furnishing, and installing new suction piping, valves, and appurtenances, furnishing, and installing new discharge piping, valves, and appurtenances, furnishing, installing, and modifying electrical equipment and instrumentation and controls including, but not limited to, motors, variable frequency drives, PLC and MCCs and miscellaneous electrical, demolition, and abandonment work. Waterbury Lift Station / Aurora, CO Owner: Arapahoe County Water and Wastewater Authority 13031 E. Caley Avenue Centennial, CO 80011 Sandor Rebek 303-260-2887 Engineer: Mott MacDonald 143 Union Blvd., Suite 1000 Lakewood, CO 80228 Rodney Fredericks 303-723-5077 Project Number: 2004 Start Date: 5/2020 Original Contract Amount: $171,387 Final Contract Amount: $176,480 Number of Change Orders: 3 Total Cost: $5,093 Substantial Completion Date: 09/2020 Actual Completion Date: 03/2021 Program Manager: John Jacob Project Manager: Dan Harrington General Superintendent: Brian Brockopp Project Superintendent: Tony Smith Description: Furnishing of labor, materials, and equipment for the rehabilitation of the Waterbury Lift Station including, but not limited to, demolition of existing items on the force main piping and in the lift station, a new precast concrete vault downstream of existing lift station, tie into existing force main, relocation of electrical and gas lines, relocation of emergency generator, electrical and instrumentation, temporary removal and re-installation of wood fence, startup and testing, and bypass pumping. Porteous Lift Station / Aurora, CO Owner: City of Aurora 15151 E. Alameda Parkway Aurora, CO 80012 Daniel Pershing 303-739-7646 Engineer: MSK Consulting, LLC 16576 E. Hialeah Drive Centennial, CO 80015 Dave Takeda 303-903-0918 Project Number: 2003 Start Date: 03/2020 Original Contract Amount: $333,262 Final Contract Amount: $412,869 Number of Change Orders: 6 Total Cost: $79,607 Substantial Completion Date: 05/2021 Actual Completion Date: 08/2021 Program Manager: John Jacob Project Manager: Patrick Gledhill General Superintendent: Brian Brockopp Project Superintendent: Gene Zoesch Description: Supply and install two (2) submersible pumps and pump accessories, including base 90, guide rails, lifting chain, guide rail brackets, guide rail intermediate supports, cable holder, and Flygt mini-CAS units. Supply and install interior process piping per the drawings. Process pipe to be ductile iron pipe with Protecto P401 epoxy lining. Scope includes: 10” Ductile Iron Pipe starting at the two (2) pumps in the wet well, and underground going into the pipe gallery, interior gallery piping, and then out the building to 5’ from outside the building. Also including two (2) runs of 10” pipe for two (2) future pumps. Scope of future pump piping ends at the wall pipe. Supply and install two (2) blind flanges to cap off piping for the two (2) future 2257 City of Aspen – Meadowood Pump Station Improvements & Standby Power Project No: 2023-021 Invitation To Bid (ITB) 2107 W. College Avenue ‖ Englewood, Colorado 80110 ‖ Phone: 303 -984-7800 Fax: 303-984-7802 pumps. Mechanical Joint cap to be provided at pipe end outside of the building for pipeline contractor to connect to. Wall pipe, wall sleeves, and floor sleeves are including, wall pipe to be ductile iron with P-401 lining and coal tar epoxy coating. Wall sleeves to be hot dip galvanized carbon steel. Install owner supplied bioxide tank including 1” piping from tank into splitter box. Install owner supplied odor canister and 6” PVC piping into wet well with wall sleeve. Smoky Hill Pump Station Improvements / Aurora, CO Owner: City of Aurora 15151 E. Alameda Parkway, Suite 4400 Aurora, CO 80012 Dean Bedford 720-859-4342 Engineer: Kennedy / Jenks Consultants 165 S Union Blvd, Suite 570 Lakewood, CO 80228 Dan Phipps 720-744-2214 Project Number: 1918 Start Date: 01/2020 Original Contract Amount: $2,734,907 Final Contract Amount: $2,742,073 Number of Change Orders: 36 Total Cost: $7,166 Substantial Completion Date: 7/2020 Actual Completion Date: 11/2020 Program Manager: John Jacob Project Manager: John Jacob General Superintendent: Brian Brockopp Project Superintendent: Jimmy Vass Description: Demolition and disposal of a 26,500 gallon, 10-ft diameter, buried steel hydropneumatic surge tank and foundation, demolition and disposal of an existing Kato 500 KW generator with a V16-71T Detroit Engine and all associated piping and appurtenances located inside of the existing Generator building, replacement of three 3,000 gpm vertical turbine pumps and 150 HP motors, installation of new 150 HP variable frequency drives (VFDs) for each pump, mechanical piping upgrades including replacement of check valves, isolation valves, couplings and piping, removal of an existing venturi-style flow meter and replacement with a magnetic flow meter, HVAC upgrades including installation of two exterior air conditioning units, structural improvements including an enclosed stairway and above ground accessway to the existing pump station basement, addition of an interior wall in upper level of the pump station, interior concrete equipment pads, a screen wall for the HVAC equipment, and a roll-up garage door for the existing Generator building, site civil improvements including installation of a 12-foot wide asphalt road around the proposed generator, new concrete sidewalks and equipment pads, and repair to the existing chain link fence, installation of a new, exterior generator with an integral fuel tank that will serve as the station’s back-up power supply, electrical upgrades to accommodate the new pumps, VFDs and generator, and upgrades to the lighting system and instrumentation system upgrades including replacement of the PLC and installation of a new flow meter, chlorine analyzer and pressure transmitter. 29th Street Pump Station-P1 Improvements / Loveland, CO Owner: City of Loveland 500 E. Third Street, Suite 230 Loveland, CO 80537 Leslie Moening 970-962-3712 Engineer: HDR Engineering Inc. 1670 Broadway, Suite 3400 Denver, CO 80202 Steve Pool 303-764-1540 Project Number: 1915 Start Date: 11/2019 Original Contract Amount: $994,674 Final Contract Amount: $997,462 Number of Change Orders: 2 Total Cost: $2,788 Substantial Completion Date: 06/2020 Actual Completion Date: 07/2020 Program Manager: John Jacob Project Manager: Dan Harrington General Superintendent: Brian Brockopp Project Superintendent: Shane Somers 2358 City of Aspen – Meadowood Pump Station Improvements & Standby Power Project No: 2023-021 Invitation To Bid (ITB) 2107 W. College Avenue ‖ Englewood, Colorado 80110 ‖ Phone: 303 -984-7800 Fax: 303-984-7802 Description: Removal of one (1) existing 20 HP pump: P-101, removal of two (2) existing 50 HP pumps: P- 102 and P-103, furnishing and installing one (1) new horizontal split case centrifugal pumps, furnishing and installing two (2) new inverter duty rated motors (100HP), furnishing and installing two (2) new skids, furnishing and installing one (1) new pressure relief valve, furnishing, installing, and modifying suction and discharge piping, furnishing and installing combination air release valves, furnishing, installing, and modifying electrical equipment and instrumentation and controls including, but not limited to, generator, motors, variable frequency drives and MCCs and miscellaneous electrical and demolition work. Canyons Lift Station / Castle Pines, CO Owner: Canyon Metropolitan District No. 7 9380 Station Street, Suite 600 Lone Tree, CO 80124 Skyler Hager 720-348-3008 Engineer: MSK Consulting, LLC 16576 E. Hialeah Drive Centennial, CO 80015 Dave Takeda 303-903-0918 Project Number: 1802 Start Date: 02/2018 Original Contract Amount: $2,624,512 Final Contract Amount: $3,178,367 Number of Change Orders: 19 Total Cost: $553,856 Substantial Completion Date: 09/2019 Actual Completion Date: 04/2020 Program Manager: John Jacob Project Manager: Dan Harrington General Superintendent: Brian Brockopp Project Superintendent: Robert Hudak Description: Newlin Gulch Lift Station (NGLS): The NGLS consists of new wet wells, building, and pump system. A new CMU building will house the interior piping, electrical and controls equipment, and metering equipment. The building has a cast-in-place concrete lower level. The Contractor is responsible for the foundation, lower level, floor slab, CMU building, roof, interior finish, insulation, HVAC, doors, windows, electrical, and plumbing. IREA will provide power to the site, but the Contractor is responsible for connecting to the primary power and installing the back-up generator and ATS. The back-up generator and Flygt pump system will be provided by the Owner, but the Contractor is responsible for receiving, unloading, installing, and testing. Site work includes minor backfill, minor excavation, final grading, perimeter fencing, erosion control, re-seeding, yard piping, overflow pond’s synthetic liner, and a gravel access road and parking area. West Newlin Gulch Lift Station (WNGLS): The WNGLS consists of a new wet well, building, and pump system. A new CMU building will house the interior piping, electrical and controls equipment, and metering equipment. The Contractor is responsible for the foundation, floor slab, CMU building, roof, interior finish, insulation, HVAC, doors, windows, electrical, and plumbing. IREA will provide power to the site, but the Contractor is responsible for connecting to the primary power and installing the back-up generator and ATS. The back-up generator and Flygt pump system will be provided by the Owner, but the Contractor is responsible for receiving, unloading, installing, and testing. Site work includes minor backfill, minor excavation, final grading, perimeter fencing, erosion control, re-seeding, yard piping, overflow pond’s synthetic liner, and a gravel access road and parking area. ➢ PROJECT EXPERIENCE WITH CITY OF ASPEN Project Name: East Plant Overflow Weir Waterproofing Project Number: 2023-005 Service Date: 01/2023 Location: Aspen, CO Contract Value: $18,745 Project Number: VS 202304 Owner: City of Aspen 427 Rio Grande Place Aspen, CO 81611 Contact Information: Name: Erin Loughlin Phone: 970-425-1996 Email: erin.loughlin@aspen.gov 2459 City of Aspen – Meadowood Pump Station Improvements & Standby Power Project No: 2023-021 Invitation To Bid (ITB) 2107 W. College Avenue ‖ Englewood, Colorado 80110 ‖ Phone: 303 -984-7800 Fax: 303-984-7802 Description: Supply and install Plywood on filter media to protect media below work area. Install plastic around work area and on the floor to reduce dust. Install required fall protection per OSHA standards. Clean and grind joint between steel overflow box opening: 2ea 5’-0” (L) x 1’-0” (H). Install periductular injection ports at the overflow box wall thickness: 1’-0” wall thickness with the injection point at 0’-6” (middle of wall) with 6” spacing around the box opening. Inject ports with water to allow hydrophilic to cure. Inject ports with hydrophilic Deneef SLV. Remove ports and grout holes. Install Sikadur 32 Epoxy joint on relief joint between the steel overflow and adjacent concrete. Project Name: Aspen Castle Creek Water Treatment Facility - East Plant Filter Gallery Valves Project Number: 2022-263 Service Date: 09/2022 Location: Aspen, CO Contract Value: $23,047 Project Number: VS 202266 Owner: City of Aspen 427 Rio Grande Place Aspen, CO 81611 Contact Information: Name: Erin Loughlin Phone: 970-425-1996 Email: erin.loughlin@aspen.gov Description: All work performed to OSHA standards for safety. Mobilization and demobilization of crews and equipment. Valves, actuators, and flanged accessories will be provided by the City of Aspen. Valve operation, isolation and draining of all lines will be by the City of Aspen. Cut 20” steel pipes and remove a section of each pipe to allow installation of 20” valves and closure fittings. Provide and install flanges coupling adapters (FCA) at each end of 20” valves. FCA will be restrained joint to control slippage. Actuators will be installed on the valves and power cables coiled for others. Remove 1 -18” and 2 -12” valves in phase 2. Clean existing flanges to ensure positive flange contact. Valves, actuators, and flanged accessories will be provided by the City of Aspen. Install replacement valves and actuators on existing lines. Actuator cables will be coiled for others to connect. Check for leaks with City forces. Clean up our work site. Project Name: Marolt Open Space Pipe and Valve Modifications Project Number: 2020-033 Service Date: 06/2020 Location: Aspen, CO Contract Value: $14,000 Project Number: VS 202033 Owner: City of Aspen 427 Rio Grande Place Aspen, CO 81611 Contact Information: Name: Mike Horvath Phone: 970-429-2776 Email: mike.horvath@cityofaspen.com Description: Lines to be shut off and drained by district prior to mobilization. Mobilization demobilization. Excavate down to existing pipe and valve to verify, measure, and inspect all existing pipe, valves, and fittings within work area. Thrust block will not be disturbed per owner’s request. Backfill and compact until new required parts and pieces can be ordered. Cleanup jobsite. ➢ PROJECT TEAM Our construction management philosophy focuses on developing an interactive, inclusive working relationship among the client, the design firms, and the construction team. We begin the management process immediately upon award and remain your partner until the project is complete. The success of any project is first, to establish a team that understands team management concepts. VCI has compiled a successful team, who understand it is critical to maintain well defined lines of communications, responsibilities, and a plan. Members of our team fully understand the team concepts of management that will achieve a successful project for all involved. ORGANIZATION STRUCTURE 2560 City of Aspen – Meadowood Pump Station Improvements & Standby Power Project No: 2023-021 Invitation To Bid (ITB) 2107 W. College Avenue ‖ Englewood, Colorado 80110 ‖ Phone: 303 -984-7800 Fax: 303-984-7802 The following organizational structure represents a typical project organizational chart showing project key personnel. TEAM MEMBER ROLES AND RESPONSIBILITIES A well-organized, experienced, and professionally trained project team will ensure consistent quality throughout the term of the project. VCI has assembled a project team that has the experience to be both cost-effective and capable of providing a broad range of skills to meet the requirements of this project. The following personnel will be available for the Meadowood Pump Station Improvements & Standby Power Project located in Aspen, CO. Additional experienced project staff can be added to the project team if needed. Resumes for the following key personnel provided within this SOQ. Company Personnel Office Fax Email Position VCI John Jacob 303-974-3854 303-984-7802 jjacob@velocityci.com Program Manager VCI Dan Harrington 303-974-3860 303-984-7802 dharrington@velocityci.com Project Manager VCI Jason Serna 303-907-3931 303-984-7802 jserna@velocityci.com Project Superintendent VCI Brian Brockopp 303-870-5073 303-984-7802 bbrockopp@velocityci.com General Superintendent ➢ SAFETY RATING VCI is committed to having safe worksites. We maintain a program of safety training before employment begins, and during employment. We accomplish this through preemployment safety orientation, weekly safety City of Aspen Owner Velocity Constructors, Inc Project Manager Dan Harrington Velocity Constructors, Inc Program Manager John Jacob Velocity Constructors, Inc General Superintendent Brian Brockopp Velocity Constructors, Inc Project Engineer TBD Subcontract ors TBD Subcontract ors TBD Velocity Constructors, Inc Project Superintendent Jason Serna 2661 City of Aspen – Meadowood Pump Station Improvements & Standby Power Project No: 2023-021 Invitation To Bid (ITB) 2107 W. College Avenue ‖ Englewood, Colorado 80110 ‖ Phone: 303 -984-7800 Fax: 303-984-7802 meetings and formalized outside training for all our workers. We also have daily worker’s task planning for safety. VCI has implemented higher safety standards for our employees. We have partnered with Pinnacol Safety Services to help us develop a safety culture throughout the company. We have also utilized resources through our insurance carriers like Holmes Murphy and Travelers and their safety Consultants to conduct safety inspections on our projects. This has resulted in a substantial amount of feedback for the Superintendents and Project Managers to better control safety on their projects. Advanced Safety and Holmes Murphy have conducted safety audits on over 15 of our projects. They also help with safety planning on certain critical activities and conduct safety training for our superintendents and employees as needed and at VCI’s quarterly superintendent’s safety meeting. Another tool that we utilize in training our employees is Click Safety and JJ Keller training. These are programs that allows the employees access to a substantial amount of training they do on job sites over the internet. Examples are training for trench safety, confined space, fall protection and many other courses for activities that are scheduled on a particular part of the project. VCI also is registered with the State of Colorado Department of Labor and Employment Division of Workers Comp Premium Cost Containment Certified Certificate number 4859. We are also a member of Pinnacol Assurance Risk Management Alliance Program. Year EMR TRFR DART Total Number of Man-Hours 2020 1.12 0.00 0.00 90,835 2021 0.93 0.00 0.00 77,110 2022 1.00 0.00 0.00 126,762 In the last three (3) years VCI nor any General Contractors used on VCI projects have had any jobsite OSHA citations. VCI EMR rating for 2022 is 1.00 due to our commitment and efforts for a safer work place. Our goal is no accidents on any of our projects. VCI Safety Compliance VCI is committed to providing a safe and healthy work environment for everyone involved in all VCI projects. To this end, we have developed a comprehensive Subcontractor Safety Program that addresses the safety concerns of each project as well as the safety expectations of VCI and our clients. This program supplements, but does not supersede the VCI Corporate Safety Manual, safety programs of our clients, or other applicable requirements. The requirements of this program may vary depending on specific job sites pre-existing conditions. VCI recognizes that nearly all occupational injuries and illnesses are preventable and that a high level of safety performance provides long-term beneficial returns, including healthy employees and a productive work environment. Therefore, safety will not be compromised. It is fully accepted as an integral part of the VCI organization and daily project activities. VCI’s goal is ZERO occupational illnesses, and injuries. ➢ SUBCONTRACTORS VCI Constructors, Inc. (VCI) EEO and DBE programs were developed to ensure that subcontractors, material suppliers, vendors and consultants do not discriminate in employment based upon race, color, religion, sex, national origin, age, or disability; and, where the need has been identified, provide equal employment opportunity through affirmative action. VCI makes the effort to utilization DBE subcontractors and suppliers on each of our projects. VCI when working with subcontractors, material suppliers, and vendors we utilize two (2) different types of agreements. First is a Master Subcontractor Agreement, and second is a Supplier / Vendor Agreement. VCI has developed a Subcontractor Management Plan which covers the items noted below. 2762 City of Aspen – Meadowood Pump Station Improvements & Standby Power Project No: 2023-021 Invitation To Bid (ITB) 2107 W. College Avenue ‖ Englewood, Colorado 80110 ‖ Phone: 303 -984-7800 Fax: 303-984-7802 Subcontractor Management Plan (SMP) outlines the relationship between contractors and subcontractors while performing work on a project, and it outlines the methods by which the primary contractor will ensure the production of quality deliverables from each of its subcontractors and ensure the development of long-term business relationships between the companies. VCI can self-perform up to approximately 80% of the work in a typical infrastructure project if required to meet schedule or cost constraints. Focused team, with the proven ability to deliver quality, innovative and cost- effective solutions. The members of our proposed key staff have the highest level of integrity and a demonstrated history of proactively addressing constructability issues, providing cost-effective and efficient solutions from design to start-up and commissioning. VCI utilizes multiple disciplined subcontractors when soliciting for projects. ➢ FINANCIAL STATEMENT VCI currently uses the services of Hughes & Company, Certified Public Accountants and Business Advisors for their financial audits. Current Financial Statement and Balance Sheets can be provided upon request. ➢ BANKING REFERENCE VCI has had a continuing relationship with BOK Financial since December 2003, BOK Financial; 1707 Cole Blvd., Suite 101 Golden, CO 80401; Gregory Sheldon, Senior Vice President, 720-839-3452, gsheldon@bokf.com. ➢ BONDING REFERENCE Lockton Companies, LLC handles the surety bonds for Velocity Constructors, Inc. Their bonds are underwritten by Western Surety Company (A.M. Best’s Rating A, XIV) they are on the U.S. Treasury List and issued through this office. Lockton Companies, LLC; 8110 E. Union Avenue, Suite 700, Denver, CO 80237; Susan J. Lattarulo, 303-414-6276. ➢ INSURANCE REFERENCE Holmes Murphy & Associates – Colorado; 7600 East Orchard Road, Suite 230 South Greenwood Village, CO 80111; Nick Brown, 720-458-5770. Current Certificate of Liability Insurance can be provided upon request. ➢ TRADE REFERENCES • Core & Main Scot Andreano 720-629-6281 scot.andreano@coreandmain.com • Sun Valley Contractors, LLC. Matt Weber 303-646-6339 matt@sv-contractors.com • Municipal Treatment Equipment Bob Hoss 303-231-9175 rhoss@municipaltreatment.com • City of Aurora Dean Bedford 720-859-4342 dbedford@auroragov.org • Town of Frisco Jeff Goble 970-668-9151 jeffg@townoffrisco.com 2863 JOHN JACOB Program Manager EXPERIENCE SUMMARY John has been with VCI for over 8 years and has 21 years of construction experience. John has been responsible for projects ranging from $10k to $35M in value. Contract delivery methods vary from Design- Build, CMAR, Competitive Bid, and Negotiated. John works with owners, design consultants, contractors, and field staff and develop the planning and execution of schedules. Skills include the development and administration of all cost estimates and fiscal controls, obtaining permits, development of project scopes of work, and project budgets while negotiating contracts and quality control provisions and cost reporting. Integrates scope of work development with budget and schedule preparation. Estimated projects in value of $5M to $35M. TRAINING & CERTIFICATIONS Microsoft Word & Excel, SureTrak, Primavera P3, Spectrum Accounting, Timberline, OSHA 10 Hour, State of Colorado Water and Wastewater Facility Operators Certificate in Class C Industrial Wastewater license, CPR and First Aid certified. CONTACT PHONE: 303-974-3854 WEBSITE: www.velocityci.com EMAIL: jjacob@velocityci.com EDUCATION Allegheny College May 1995 B.S. Environmental Science Minor Political Science Colorado State University May 2004 Certificate of Construction Management WORK EXPERIENCE Velocity Constructors, Inc. - Program Manager April 2014 - Current Responsible for managing construction of water treatment plants, wastewater treatment plants and associated utilities for both new plant and expansion of existing plants. Knowledge of complex water and wastewater treatment processes, treatment equipment and pump stations. Develop and maintain schedules. Scope of projects included procurement, installation, and development of startup plans of technical treatment equipment. Perform as the Project Manager for owners which include design review, value engineering, specification and front-end contract document preparation, bidding, scheduling, and management of construction contracts. Weaver Construction Management/Garney Construction – Project Manager January 2008 – April 2014 Responsible for ensuring the timely and costly completion of construction projects by overseeing all phases of the project. This entails working with a variety of stakeholders to schedule and plan work, coordinate equipment and materials, operate within budget, and monitor overall progress. Bosco Constructors – Project Manager/Project Engineer September 2005 – January 2008 Hired as a project engineer and was promoted to project manager. Responsible for direct coordination with superintendents. Reviewed submittals developed RFIs and prepared change orders. Responsible for project procurement while maximizing profit during buy-out. Provided layout for projects, completed take-offs for material procurement, and lift drawings. RELEVANT EXPERIENCE South Reservoir Pump Facilities & Discharge / Monument, CO Contract Value: $ 1,249,767 Schedule History: Completed August 2022 Willow Springs Ranch Wastewater Lift Station / Monument, CO Contract Value: $ 1,946,179 Schedule History: Completed September 2022 Quincy Intertie Improvements / Aurora, CO Contract Value: $ 7,847,413 Schedule History: Still in Progress Smoky Hill Pump Station Improvements / Aurora, CO Contract Value: $ 2,742,073 Schedule History: Completed November 2020 Canyons Lift Station / Castle Rock, CO Contract Value: $ 3,178,367 Schedule History: Completed April 2020 2964 DAN HARRINGTON Project Manager EXPERIENCE SUMMARY Dan has been with VCI for over 7 years and has over 32 years of construction experience. Dan has been responsible for projects ranging from $100k to $15M in value. Contract delivery methods vary from competitive bid, negotiated Design- Build, and Construction Manager. Dan is experienced in determining and defining scopes of work and deliverables, predicting resources needed to complete project, obtaining necessary permits, approvals, and other regulatory prerequisites, drafting and submitting budgets based on scopes of work and resource requirements, manage costs in order to meet budget, provide direction over contracts and subcontracts, manage construction schedule and activities, issue progress updates as needed regarding costs and timelines, ensure work is done in compliance with all relevant building and safety codes, selection and management of subcontractor and supplier relationships, and coordinate efforts across entire project between architects, designers, engineers, and subcontractors TRAINING & CERTIFICATIONS Microsoft Word & Excel, SureTrak, Primavera P3, Spectrum Accounting, Timberline, Associated General Contractors, The Cambridge Institute Seminars- High Performance Teams, Claims Management, Scheduling, Construction Contracts, Crestcom Bulletproof Manager Program CONTACT PHONE: 303-974-3860 WEBSITE: www.velocityci.com EMAIL: dharrington@velocityci.com EDUCATION Colorado State University May 1984 B.S. Industrial Construction Management WORK EXPERIENCE Velocity Constructors, Inc. – Project Manager April 2015 - Current Responsible for managing construction of water treatment plants, wastewater treatment plants and associated utilities for both new plant and expansion of existing plants. Knowledge of complex water and wastewater treatment processes, treatment equipment and pump stations. Develop and maintain schedules. Scope of projects included procurement, installation, and development of startup plans of technical treatment equipment. Perform as the Construction Manager for owners which include design review, value engineering, specification and front-end contract document preparation, bidding, scheduling, and management of construction contracts. Glacier Constructors – Project Manager July 2012 – March 2015 Oversaw and direct construction projects from conception to completion. Reviewed project in-depth to schedule deliverables and estimate costs. Oversaw all onsite and offsite constructions to monitor compliance with building and safety regulations. Coordinate and direct construction workers and subcontractors. Reviewed work progress on daily basis. Prepared internal and external reports pertaining to job status. Negotiate terms of agreements, draft contracts and obtain permits and licenses. Ensure quality construction standards and the use of proper construction techniques. WM Brown Construction Corporation – Project Manager October 1996 – May 2012 Conducted meetings with engineers, and contractors on an ongoing basis regarding project objectives and progress. Managed and motivating site foremen and teams. Ensured all equipment needed were available on site. Ensured budget costs relating to wages, contractors, materials, and equipment were not exceeded. Approving purchase requests. Ensured construction process started and ended on time and ensured daily and weekly deadlines were met. Ensured compliance with health, safety, and all other regulations. RELEVANT EXPERIENCE South Reservoir Pump Facilities & Discharge / Monument, CO Contract Value: $ 1,249,767 Schedule History: Completed August 2022 Namaqua Hills Pump Station Improvements / Loveland, CO Contract Value: $ 668,126 Schedule History: Completed July 2021 29th Street Pump Station-P1 Improvements / Loveland, CO Contract Value: $ 997,462 Schedule History: Completed July 2020 Canyons Lift Station / Castle Pines, CO Contract Value: $ 3,178,368 Schedule History: Completed in April 2020 Widefield Wastewater Treatment Plant Nutrient & Dewatering Improvements / Colorado Springs, CO Contract Value: $ 5,601,864 Schedule History: Completed in January 2018 3065 BRIAN BROCKOPP General Superintendent EXPERIENCE SUMMARY Brian has been with VCI for over 19 years and has over 27 years of construction experience. Brian is responsible for the field operations on construction projects ranging from $100k to $4M. His duties include preparing weekly schedules, daily construction logs, material procurement and scheduling of suppliers and subcontractors. His dedication to safety includes preparing job-site meetings/giving weekly safety meetings and daily review of sub-contractor’s safety practices. He reviews the project budget and is responsible to maintain a budget and keep the project on schedule. He is responsible to assure that the project is being built per the plans and specifications. TRAINING & CERTIFICATIONS Fire Protection Products, Forklift Operator, Excavation Training First Aid, Adult CPR, Trench Shoring Training, Trained on Installing Self Contained Piping CONTACT PHONE: 303-870-5073 WEBSITE: www.velocityci.com EMAIL: bbrockopp@velocityci.com EDUCATION Lakewood High School Rex Davis Project Management, CDOT Training Facility WORK EXPERIENCE Velocity Constructors, Inc. – General Superintendent January 2003 - Current Responsible for managing construction of water treatment plants, wastewater treatment plants and associated utilities for both new plant and expansion of existing plants. Knowledge of complex water and wastewater treatment processes, treatment equipment and pump stations. Develop and maintain schedules. Scope of projects included procurement, installation, and development of startup plans of technical treatment equipment. Perform as the Construction Manager for owners which include design review, value engineering, specification and front-end contract document preparation, bidding, scheduling, and management of construction contracts. Bosco Constructors, Inc. – Superintendent January 1999 – January 2003 Schedule subcontractors, consultants, and vendors in critical path to ensure timely completion. Perform quality control duties and responsibilities regarding the work being performed. Communicate with project team regarding RFI’s, and Material Submittals. Ensure that subcontractor is fully executing and complying with his contracted scope of work. Coordinate required inspections with local jurisdictions. Identify subcontractor non-compliance with safety, health, and environmental quality standards. Identify conflicts in construction progress and communicate them to project team for resolution. Maintain daily log (written) of activities on the jobsite. Perform Superintendent duties at multiple job sites, simultaneously. Ensure subcontractor has corrected all deficiencies identified by project team. Preside over weekly subcontractor meetings designed to coordinate the work. Shank Constructors, Inc. – Superintendent September 1996 – January 1999 Lead and managed the on-site construction team. Coordinating and oversaw all work on site. Attended production meetings. Reviewed schedule and budget and ensuring adherence to these. Ensured quality standards are met. Placing orders for materials and responsible for equipment and materials on site. Followed project timeline to ensure deadlines were met. Monitored and ensuring on-site safety compliance, cleanliness, and orderliness. Maintaining records for site personnel such as daily field reports, field orders and RFIs. Liaising with inspection authorities regarding approvals. RELEVANT EXPERIENCE South Reservoir Pump Facilities & Discharge / Monument, CO Contract Value: $ 1,249,767 Schedule History: Completed August 2022 Willow Springs Ranch Wastewater Lift Station / Monument, CO Contract Value: $ 1,946,179 Schedule History: Completed September 2022 Namaqua Hills Pump Station Improvements / Loveland, CO Contract Value: $ 668,126 Schedule History: Completed July 2021 Smoky Hill Pump Station Improvements / Aurora, CO Contract Value: $ 2,742,073 Schedule History: Completed November 2020 Canyons Lift Station / Castle Rock, CO Contract Value: $ 3,178,367 Schedule History: Completed April 2020 3166 JASON SERNA Project Superintendent EXPERIENCE SUMMARY Jason has been with VCI for over 4 year and has over 15 years of construction experience. Jason is responsible for the field operations on construction projects ranging from $100k to $4M. His duties include preparing weekly schedules, daily construction logs, material procurement and scheduling of suppliers and subcontractors. His dedication to safety includes preparing job-site meetings/giving weekly safety meetings and daily review of sub-contractor’s safety practices. He reviews the project budget and is responsible to maintain a budget and keep the project on schedule. He is responsible to assure that the project is being built per the plans and specifications. EDUCATION Falcon High School 1995-1998 TRAINING & CERTIFICATIONS Basic Plus Training and Certification, Hazwoper Training and Certification, Respirator Training and Certification, Loader, Backhoe, Excavator, Dozer, and Skid Operator, Confined Space Training and Certification, 40 Hour Hazardous Material Training Course FEMA Introduction to the Incident Command System, FEMA ICS for Single Resources and Initial Action Incidents, Fire Protection Products, Forklift Operator, Excavation Training First Aid, Adult CPR, Trench Shoring Training, Trained on Installing Self Contained Piping CONTACT PHONE: 303-907-3931 WEBSITE: www.velocityci.com EMAIL: jserna@velocityci.com WORK EXPERIENCE Velocity Constructors, Inc. – Project Superintendent May 2019 - Current Responsible for managing construction of water, wastewater treatment plants, Lift Stations, and associated utilities. Knowledge of complex water and wastewater treatment processes, treatment equipment and pump stations. Develop and maintain schedules. Scope of projects included procurement, installation and development of startup plans of technical treatment equipment. Maintaining records for site personnel such as daily field reports, field orders and RFIs. Liaising with inspection authorities regarding approvals. Wildcat Construction – Superintendent January 2016 – May 2019 Schedule subcontractors, consultants, and vendors in critical path to ensure timely completion. Perform quality control duties and responsibilities regarding the work being performed. Communicate with project team regarding RFI’s, and Material Submittals. Ensure that subcontractor is fully executing and complying with his contracted scope of work. Coordinate required inspections with local jurisdictions. Identify subcontractor non-compliance with safety, health, and environmental quality standards. Identify conflicts in construction progress and communicate them to project team for resolution. Maintain daily log (written) of activities on the jobsite. Preside over weekly subcontractor meetings designed to coordinate the work. Archer Western – Superintendent September 2014 – January 2016 Lead and managed the on-site construction team. Coordinating and oversaw all work on site. Attended production meetings. Reviewed schedule and budget and ensuring adherence to these. Ensured quality standards are met. Placing orders for materials and responsible for equipment and materials on site. Followed project timeline to ensure deadlines were met. Monitored and ensuring on-site safety compliance, cleanliness, and orderliness. Maintaining records for site personnel such as daily field reports, field orders and RFIs. Liaising with inspection authorities regarding approvals. RELEVANT EXPERIENCE East Plant Overflow Weir Waterproofing / Aspen, CO Contract Value: $ 18,745 Schedule History: Completed March 2023 Tenmile Intake Structure, Pipeline, and Erosion Mitigation Improvements / Frisco, CO Contract Value: $ 958,463 Schedule History: Completed April 2022 2021 Milavec West Pump Station Screen and Filter Improvement / Fredrick, CO Contract Value: $ 252,665 Schedule History: Completed May 2021 Well 7 Water Treatment Plant Modifications / Monument, CO Contract Value: $ 71,219 Schedule History: Completed January 2021 Lift Station Valve Vault Construction / Wheat Ridge, CO Contract Value: $ 89,982 Schedule History: Completed December 2020 Well WPA-3 Pump Station Chloramination Project / Aurora, CO Contract Value: $ 501,962 Schedule History: Completed December 2019 3267 MEMORANDUM TO:Mayor and City Council FROM:Perry Kleespies, Sr. Project Manager, Asset Management THROUGH:Rob Schober, Director, Asset Management MEMO DATE:April 6th, 2023 MEETING DATE:April 25 th, 2023 RE:A-OK Plumbing & Heating, Inc. As-Needed Contract REQUEST OF COUNCIL: Approval of a contract with A-OK Plumbing & Heating, Inc. in the amount of $400,000 for HVAC, Plumbing and Mechanical services on an as-needed basis for various City departments. SUMMARY AND BACKGROUND: Staff is requesting A-OK Plumbing & Heating, Inc. be added to the City’s current active As-needed contractors list. The City currently only has one as-needed HVAC/plumbing contractor, Bishop Plumbing & Heating, Inc. Plumbers are one of the most vital contractors the City relies on to maintain City properties. Bishop Plumbing & Heating does perform sufficient work when available but does not have the capacity to perform all the outstanding work the City’s properties require on an annual basis. Due to only having one as-needed HVAC/plumbing contractor Staff is unable to perform maintenance in an efficient and timely matter. Staff have struggled to find quality reliable contractors and plumbers have been one of the most difficult. Staff is recommending a second as-needed HVAC/plumbing contractor be added as a resource to the City. DISCUSSION: Staff is recommending approval of the attached contract ‘Exhibit A’ with A-Ok Plumbing & Heating, Inc. Staff has vetted and recommends A-Ok Plumbing & Heating, Inc. for the following reasons: Per 2023 CPI, A-OK Plumbing & Heating is $28.20/hr less for two technicians then Bishop Plumbing & Heating. Bishop’s as-needed contract allows for a 50% mark-up on material while Staff was able to negotiate A-Ok Plumbing at only 15% mark-up. A-OK Plumbing & Heating, Inc. has performed work for the City in the past and Staff has been satisfied with their services. FINANCIAL IMPACTS: The invoices received for work provided as-needed will be funded through the maintenance budgets of the City department that requested the service. ENVIRONMENTAL IMPACTS: N/A 68 ALTERNATIVES: If the contract is not approved, it is likely the City will fall behind or be slow to respond for HVAC & plumbing maintenance of housing and other public facilities. RECOMMENDATIONS: Staff recommends approval of the A-Ok Plumbing & Heating, Inc. as-needed contract. CITY MANAGER COMMENTS: 69 RESOLUTION #059 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND A-OK PLUMBING & HEATING, INC.AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for HVAC, Plumbing and Mechanical services on an as-needed basis for various City departments, between the City of Aspen and A-Ok Plumbing & Heating, 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 that Contract for HVAC, plumbing, and mechanical services on an as-needed basis, between the City of Aspen and A-Ok Plumbing & Heating, 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 25th day of April 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 25 th, 2023. Nicole Henning, City Clerk 70 Agreement Professional Services Page 0 A OK PLUMBING & HEATING, INC. KIM KALER 421 MEADOW CT. BASALT, CO 81621 970-279-5621 aokplumbing@gmail.com HVAC, Plumbing and Mechanical services on an as-needed basis for various City departments. Services will include all labor, materials, tools, supplies and equipment to complete the work. CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2023-179 AGREEMENT made this 3rd day of April, in the year 2023. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: For the Following Project: Exhibits appended and made a part of this Agreement: If this 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. City Council Approval: Date: April 25, 2023 Resolution No.: 2023-059 Exhibit A: Scope of Work Exhibit B: Fee Schedule Maximum value of contract work per year, $400,000 DocuSign Envelope ID: AFBF98D8-518C-4DF7-AE06-BCC0F9233764 71 Agreement Professional Services Page 1 The City and Professional agree as set forth below. 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 as needed during the contract term. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit A appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. DocuSign Envelope ID: AFBF98D8-518C-4DF7-AE06-BCC0F9233764 72 Agreement Professional Services Page 2 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, 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 DocuSign Envelope ID: AFBF98D8-518C-4DF7-AE06-BCC0F9233764 73 Agreement Professional Services Page 3 coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) 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 ONE MILLION DOLLARS ($1,000,000.00) 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 DocuSign Envelope ID: AFBF98D8-518C-4DF7-AE06-BCC0F9233764 74 Agreement Professional Services Page 4 minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. 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 DocuSign Envelope ID: AFBF98D8-518C-4DF7-AE06-BCC0F9233764 75 Agreement Professional Services Page 5 indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. 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 DocuSign Envelope ID: AFBF98D8-518C-4DF7-AE06-BCC0F9233764 76 Agreement Professional Services Page 6 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: 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. DocuSign Envelope ID: AFBF98D8-518C-4DF7-AE06-BCC0F9233764 77 Agreement Professional Services Page 7 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. 17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or a ny 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. (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. 18. 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. DocuSign Envelope ID: AFBF98D8-518C-4DF7-AE06-BCC0F9233764 78 Agreement Professional Services Page 8 19. 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. 20. 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. 20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 22. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. DocuSign Envelope ID: AFBF98D8-518C-4DF7-AE06-BCC0F9233764 79 Agreement Professional Services Page 9 23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It fu rther 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. 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. DocuSign Envelope ID: AFBF98D8-518C-4DF7-AE06-BCC0F9233764 80 Agreement Professional Services Page 10 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approve as to Form: _____________________ City Attorney General Conditions and Special Conditions can be found on City of Aspen Website. https://www.cityofaspen.com/497/Purchasing DocuSign Envelope ID: AFBF98D8-518C-4DF7-AE06-BCC0F9233764 4/6/2023 | 3:33:06 PM EDT Sec/Treas KIM KALER 81 Agreement Professional Services Page 11 EXHIBIT A: SCOPE OF WORK The services will include but are not limited to: Supplier shall provide HVAC, Plumbing and Mechanical services on an as-needed basis for various City departments. Services will include all labor, materials, tools, supplies and equipment to complete the work. The work may include but is not limited to residential and commercial: • New construction, • Renovation, • Tenant improvements, • Service upgrades, • Retrofits, • Humidification, • Air filtration, • Controls, • Alterations, • Plumbing systems, • Hydronic piping systems, • Process piping systems, • Plumbing and piping fabrication, • HVAC, • Building controls, • Design-assist construction process, • Emergency services. The contractor shall leave work areas free of all dirt, litter, lubricants, or materials utilized to perform the services. Contractors qualified to provide HVAC, Plumbing and Mechanical services are encouraged to apply, but contractors specializing in one or more of these disciplines will also be considered. The City does not guarantee a minimum dollar value of the contract. Maximum value of contract work per year, $400,000. DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED The contract will be for a period of (3) years with two (2) one-year options to renew if both parties are agreeable. The contract will begin April 2023. The City will allow an annual price increase base on CPI for years two and three, and the renewals if exercised. DocuSign Envelope ID: AFBF98D8-518C-4DF7-AE06-BCC0F9233764 82 Agreement Professional Services Page 12 EXHIBIT B: FEE SCHEDULE The City will pay the contractor an hourly rate based on the rates provided for specific Services: Rates: 160/hr for 1 man 250/hr for two man jobs - 1 hour minimums on all calls afterhours/emergency rates 225/hr - 2 hr minimum on all calls holiday rates 300/hr 2 hr minimum Normal working hours are 7:30-3:30 M-F Materials at cost + 15% Maximum value of contract work per year, $400,000 DocuSign Envelope ID: AFBF98D8-518C-4DF7-AE06-BCC0F9233764 83 MEMORANDUM TO:Mayor and Council FROM:Hailey Guglielmo, PE, Engineering Manager Mike Horvath, PE, Senior Project Manager THROUGH:Trish Aragon, PE, City Engineer Scott Miller, Public Works Director DATE of MEMO:April 18, 2023 MEETING DATE:April 25, 2023 RE:Hallam and Garmisch Storm Pipe and Watermain Replacement Project, Resolution #060, Series 2023 and Resolution #061, Series 2023 REQUEST OF COUNCIL: Staff recommends Council approve the contract for the Hallam and Garmisch Storm pipe and Waterline Replacement Project with Heyl Construction, in the amount of $1,562,015.11 as well as staff spending authority for the project contingency of $156,201.00 to replace and install stormpipes and watermains along one block of N Garmisch St and one block of W Hallam St. Additional contracts totaling $180,000 are anticipated to complete project construction. These contracts either do not require Council approval or will be added to a future consent calendar. All are listed within the memo for Council’s knowledge. BACKGROUND:The existing corrugated metal stormpipe alongGarmisch Street is undersized, rusted and degraded. In sections the pipe has fully disintegrated and left holes. Stormwater flows over compacted soil below. The stormpipe on Garmisch has outlived its useful life and needsreplacement. If ignored, the degraded pipe could cause damage to the roadway, adjacent property or cause unsafe road conditions resulting in a higher replacement cost. In 2018 the City of Aspen, in conjunction with Wright Water Engineers, completed the Garmisch Street Stormwater Master Plan to analyze the Garmisch Street drainage corridor. Garmisch St serves as an important flow path from the lift 1A portion of Ajax Mountain to the river. The Masterplan identified key upgrades necessary to contain the 100-year flood within the limits of the street to decrease flooding on adjacent properties. The extent of the masterplan identified necessary upgrades within the pipe from Hopkins Ave to W Francis St then east down the bike path to tie into an existing pipe above the ACES parking lot. The recommended upgrades within the Masterplan extend a total of five blocks. 84 In 2018 the most downstream section of storm pipe was replaced and upgraded to align with the necessary improvements identified in the Masterplan. The upgraded section of pipe runs east-west, beneath the bike trail immediately north of the Red Brick Center for the Arts. In 2022 another section of the Garmisch Street Stormwater Masterplan was completed in conjunction with the Paepcke Transit Hub project. The storm pipe along Garmisch as it crosses under Main St was upgraded to meet required carrying capacity. The 2023 Garmisch Storm Pipe Replacement Project is the next phase of the Garmisch Street Stormwater Master Plan and will upgrade one more block of critical stormwater infrastructure. Another storm pipe component of the project runs along Hallam St between Garmisch and 1 st St, immediately north of the Yellow Brick Building. The YellowBrick Building has repeatedly experienced drainage issues, particularly at the northwest corner of the building. The roof drains tie to outdated and ineffective drainage infrastructure, and the slopes in the area prevent storm runoff from continuing north toward the river. This causes damage to the building foundation over time. It also creates puddles in the summer and icing issues in the winter. The icy conditions make the area challenging to walk along. As the area serves families and pre-school aged children it was identified as a critical area for improvement. The stormwater improvements proposed along Hallam will relieve the area of drainage issues, improve the longevity of the building foundation, and provide a safer condition for the traveling public. In 2021, the American Rescue Plan Act (ARPA) was signed into law, and established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund, which together make up the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program. This program is intended to provide support to State, territorial, local, and Tribal governments in responding to the economic and public health impacts of COVID-19 and in their efforts to contain impacts on their communities, residents, and businesses (Source: Compliance and Reporting Guidance: State and Local Fiscal Recovery Funds, September 20, 2022 Version 5.0). Funds from this program were granted to the City of Aspen and have been allocated to improve stormwater infrastructure throughout the City. The ARPA funds total $1,860,240. A portion of these funds will be used to complete the storm pipe infrastructure along Hallam and Garmisch. The funds have been placed within the Hallam and Garmisch Storm Pipe (51673) Project within the Stormwater Fund. Recognizing the importance of cross department collaboration and the cost savings of bundling utility upgrades, the Engineering Department partnered with the Water Department to identify opportunities for watermain improvements along the same street sections. The watermains in this area are constructed of older, less suitable cast iron and are prime candidates for upgrades. By replacing the water mains at the same time as the storm pipes the City will recognize a cost savings and limit disruptions to the surrounding neighborhood caused by future emergency repairs, maintenance or upgrades. The following map shows the extents of the storm pipe and water main improvements along Hallam and Garmisch. 85 Figure 1: Extents of Utility Replacement An EV charging station is planned for installation on Garmisch just north of Bleeker adjacent to the Yellowbrick. This is a priority charging location that was identified in the Electric Vehicle Public Charging Infrastructure Master Plan. The installation of EV charging stations contributes to the ADT goal of aligning City operations with the Aspen Sustainability Plan. The charging station base and conduit will be installed as a part ofthis project, the physical charger will be funded by Environmental Health through the EV Charging Stations-51544 Fund. This cost share approach was developed within the EV Charging Master Plan and will be implemented for this charger. DISCUSSION:The Hallam and Garmisch Storm Pipe Replacement Project was advertised for bid on March 2, 2023. Three bids were received and opened on March 30, 2023. Bids received from three (3) Contractors as summarized below: Heyl Construction Inc $ 1,562,015.11 Johnson Construction Inc $ 1,601,883.35 Stutsman Gerbaz Inc $ 1,932,294.70 Bids were evaluated based on cost, ability, experience, quality of past projects, and resources. Heyl Construction, Inc. was identified by staff as the most competitive bidder. Staff recommends that it is in the City’s best interests to award the final construction contract to this vendor. The final contract price is $1,562,015.11. As described and shown above, this includes the installation of storm pipe and watermain along Hallam from Garmisch to 1st St and along Garmisch from Hallam to Francis, as well as a Garmisch EV Charging Station. 86 Work will be completed by October 31, 2023. The project will coordinate with the Red Brick and Yellow Brick to minimize construction impacts with their schedules and work to mitigate impacts where necessary. FINANCIAL/BUDGET IMPACTS: CONSTRUCTION CONTRACT: The funding for the $1,562,015.11 contract with Heyl Construction, Inc. will come from the Engineering, Stormwater, and Water funds as outlined in Table 1. The Engineering Fund will contribute $6,374, Stormwater Fund will contribute $1,144,039 and the Water Fund $411,602. See table below for funding breakdown including the other costs associated with the project outside of the construction contract. Project TOTAL of Construction Contract Amount Contingency (10%)Construction Inspection Communications and Public Outreach Geotech and Material Testing Total Charged to FundsBudget AMP Fund - 000.327 51648 - EV Charging Station Base $6,374 $637 - - - $7,012 $7,012 Stormwater Fund - 51673 – Hallam & Garmisch Storm Pipe* $1,144,039 $114,404 $150,000 $5,000 $25,000 $1,438,443 $1,438,443 Water Fund - 51674 – Waterline Replacement on Hallam and Garmisch $411,602 $41,160 --- $452,762 New Funding Request – Fall 2023 Supplemental TOTAL PROJECT COST $1,562,015 $156,202 $150,000 $5,000 $25,000 $1,898,217 $1,445,454 Table 1. Allocated Funding *funding originally in 51581 Garmisch Street Pipe Repair and Replacement Costs were determined based on infrastructure installed. The AMPFund will cover all costs associated with the EV charging station under project 51648. The Stormwater Fund with a will cover all costs associated with the storm pipes in Hallam and Garmisch under project 51673 – Hallam & Garmisch Storm Pipe, which is a combination of project scopes 51638-Hallam Street Roadway Improvements at the Yellowbrick Building and 51581-Garmisch Street Pipe Repair and Replacement. The combination of these projects will assist in the reporting and compliance necessary for the use of ARPA funds, and this project will utilize $1,438,443 of ARPA funding previously received into the Stormwater Fund.Funding for the watermains portion of the project will be provided from the Water Fund (421 Fund) and will be formally requested through the fall 2023 supplemental request process. 87 CONTINGENCY: Budget will be utilized within a contingency fund intended to cover unforeseeable construction costs and expenses that arise due to unknown site conditions. The total estimated contingency budget is 10% of total contract amount, $156,201.00 and will be split by fund. Each fund will allocate 10% of the respective contract amount. Spending authority for contingency falls within Resolution #061 2023. CONSTRUCTION INSPECTIONS: Construction Inspections are needed for the Hallam Garmisch Storm Pipe and Watermain Replacement Project.A third-party construction inspector willprovide oversight as well as method and material inspections, in accordance with engineering best management practices. Third party construction inspections are proven to increase quality and decrease re-work. Staff has an Invitation to Bid current advertised for the construction inspections scope of work. Bids are due on April 20th and the inspection services contract will come to the council consent calendar on May 9th. Staff expects cost to be approximately $150,000. AS-NEEDED CONTRACTS: As-needed consultants, who are already under contract with the City, are to be utilized for materials testing and public outreach. The Stormwater Fund will allocate $25,000.00 to geotech and material testing. A request for competitive quotes will be sent to our as-needed Geotechnical Engineers for materials testing for the project. The Stormwater Fund will allocate $5,000 to Public Outreach and Communications. This money will be spent to notify the public of project impacts and coordinate with neighbors and businesses to mitigate impacts where possible. Public Outreach and Communications will be a combined effort of internal COA Communications support as well as external assistance from Promotional Concepts Marketing Partners. An as-needed contract already in place with Promotional Concepts will be utilized. 88 Expenditures AMP - Engineering Expenditures Hallam and Garmisch Stormwater and Watermain Replacement Contract (Heyl Construction, Inc.)$ 6,374 Construction Contingency $ 637 ENGINEERING TOTAL $ 7,012 Stormwater Expenditures Hallam and Garmisch Stormwater and Watermain Replacement Contract (Heyl Construction, Inc.)$ 1,144,039 Construction Contingency $ 114,404 Construction Management (contract forthcoming)$ 150,000 Public Outreach and Communications (as-needed contract)$ 5,000 Geotech and Material Testing (as-needed contract)$ 25,000 STORMWATER TOTAL $ 1,438,443 Water Expenditures Hallam and Garmisch Stormwater and Watermain Replacement Contract (Heyl Construction, Inc.)$ 411,602 Construction Contingency $ 41,160 WATER TOTAL $ 452,762 EXPENDITURES TOTAL $ 1,898,217 Funding Asset Management Fund (AMP) EV Charging Station Base (51648)$ 7,012 AMP FUNDING TOTAL $ 7,012 Stormwater Fund Hallam & Garmisch Storm Pipe (51673)$ 1,438,443 STORMWATER FUNDING TOTAL $ 1,438,443 *funding originally in 51581 Garmisch Street Pipe Repair and Replacement Water Fund New Funding Request – To be Included in Fall Supplemental if Approved Waterline Replacement on Hallam and Garmisch (51674)$ 452,770 WATER FUNDING TOTAL $ 452,770 FUNDING TOTAL $ 1,898,217 89 ALTERNATIVES: The project can be broken up into four sections: (1) Hallam watermain, (2) Hallam storm pipe, (3) Garmisch watermain, and (4) Garmisch storm pipe. Certain sections could be removed from the project scope. The four components are necessary infrastructure upgrades and completing all sections together will result is significant cost savings to the City. 1. The Garmisch storm pipe could be completed without the Hallam watermain, Hallam storm pipe and/or Garmisch watermain. 2. The Hallam storm pipe could NOT be completed without the Hallam watermain component, as there are existing alignment conflicts. 3. The Hallam storm pipe could NOT be completed without the Garmisch storm pipe section as the upstream pipe is dependent on the elevations of the lower section. ENVIRONMENTAL IMPACT: Storm pipe infrastructure carries stormwater flows to the river. When this infrastructure is broken and degraded it can result in an increase in pollutant loading into the river. Fully functioning storm systems also protect the roadway subgrade from destabilization due to stormwater infiltration. Establishing properly sized and fully functional storm pipes can increase the longevity of our street surfaces which ultimately decreases environmental impacts of construction. The installation of a new EV charging station supports public access to charging infrastructure and increases the likelihood of EV use. The increased use of electric vehicles contributes to city wide goals of reducing greenhouse gas emissions and improved air quality. PUBLIC OUTREACH: Staff will mail a letter containing information about the Hallam and Garmisch Storm and Water Replacement Project and its construction impacts to neighbors within 300 feet approximately 10 days prior to commencement of work. Staff intends to directly communicate with some of the most impacted neighbors prior to commencement of construction in the area. Staff will be coordinating directly with the Red Brick and Yellow Brick to mitigate construction impacts where possible. STAFF RECOMMENDATION:Staff recommends Council approve the contract for the Hallam Garmisch Storm pipe and Watermain Replacement Project with Heyl Construction, Inc. in the amount of $1,562,015.11. Staff recommends Council approve $156,201.00 for construction contingency. PROPOSED MOTION:“I move to approve Resolution No. 060, Series of 2023 for the construction contract with Heyl Construction, Inc. and Resolution No. 061 Series of 2023 for project contingency.” CITY MANAGER COMMENTS: ATTACHMENT A – Contract with Heyl, Inc. 90 RESOLUTION #060 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND HEYL CONSTRUCTION, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract, between the City of Aspen and Heyl Construction, 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 that Contract for Hallam and Garmisch Stormpipe and Watermain Replacement Project, between the City of Aspen and Heyl Construction, 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 April 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 25th, 2023. Nicole Henning, City Clerk 91 RESOLUTION #061 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE CITY MANAGER TO EXERCISE ADMINISTRATIVE OVERSIGHT OF CHANGE ORDERS THAT ARE WITHIN THE APPROVED PROJECT BUDGET FOR CITY PROJECT #2023- 145 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY OF ASPEN COLORADO. WHEREAS, there is an executed contract between the City of Aspen and Heyl Construction, Inc., for Hallam and Garmisch Stormpipe and Watermain Replacement Project in the amount of $1,562,015.11, a true and accurate copy of which is attached hereto as Exhibit “A”; WHEREAS, the City Council has determined it is in the best interest of the City of Aspen to authorize the City Manager to exercise administrative oversight of change orders associated with the Heyl Construction, Inc. contract for an amount not to exceed $156,201.00 and execute said change orders on behalf of the City of Aspen, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen does hereby authorize the City Manager to exercise administrative oversight of any change orders for an amount not to exceed $156,201.00 and execute said change orders on behalf of the City of Aspen, Colorado. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 25 th day of April, 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 25th, 2023. 92 Nicole Henning, City Clerk 93 ________________________________________________________________________ CC5-971.doc Page: 1 CONTRACT FOR CONSTRUCTION (Short Form) 2023-145 THIS CONTRACT, made and entered into on April 10, 2023, by and between the CITY OF ASPEN, Colorado, hereinafter called the “City”, and Heyl Construction, Inc., hereinafter called the “Contractor”. THEREFORE, in consideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction of Project. Contractor agrees to furnish all labor, materials, tools, machinery, equipment, temporary utilities, transportation and any other facilities needed therefor, and to complete in a good, workmanlike and substantial manner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit “A” which is incorporated herein as if fully set forth (the “Project”). 2. Plans and Specifications; Compliance with Laws. The Project is to be constructed and completed in strict conformance with the Scope of Work and/or Proposal appended hereto for the same approved in writing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, rules, regulations of all applicable governmental authorities, and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4- 08-040. Contractor shall apply for and obtain all required permits and licenses and shall pay all fees therefor and all other fees required by such governmental authorities. 3. Payments to Contractor. In consideration of the covenants and Contracts herein contained being performed and kept by Contractor, including the supplying of all labor, materials and services required by this Contract, and the construction and completion of the Project, City agrees to pay Contractor a sum not to exceed one million, five hundred sixty-two thousand fifteen dollars and eleven cents_($1,562,015.11) DOLLARS or as shown on Exhibit “A”. 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execution hereof, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to substantially complete the same not later than October 31, 2023, subject to such delays as are permissible under the “Extension of Time for Completion” section of this Contract. DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 94 ________________________________________________________________________ CC5-971.doc Page: 2 5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service or facility used in connection with or arising out of the Project, and shall obtain periodic releases from all subcontractors and material suppliers supplying labor or materials to the Project concurrently with Contractor's delivering any payment to such subcontractors and material suppliers. Contractor shall indemnify and hold City and City's officers, employees, agents, successors and assigns free and harmless against all expenses and liability suffered or incurred in connection with the claims of any such subcontractors or material suppliers, including but not limited to court costs and attorney's fees resulting or arising therefrom; provided that Contractor shall be excused from this obligation to the extent that City is in arrears in making the payments to Contractor. Should any liens or claims of lien be filed of record against the Property, or should Contractor receive notice of any unpaid bill or charge in connection with construction of the Project, Contractor shall immediately either pay and discharge the same and cause the same to be released of record, or shall furnish City with the proper indemnity either by title policy or by corporate surety bond in the amount of 150% of the amount claimed pursuant to such lien. 6. Releases. Contractor shall, if requested by City, before being entitled to receive any payment due, furnish to City all releases obtained from subcontractors and material suppliers and copies of all bills paid to such date, properly receipted and identified, covering work done and the materials furnished to the Project and showing an expenditure of an amount not less than the total of all previous payments made hereunder by City to Contractor. 7. Hierarchy of Project Documents. This Contract and the Proposal or Scope of Work appended hereto as Exhibit “A” are intended to supplement one another. In case of conflict, however, this Contract shall control both. 8. Changes in the Work. Should the City at any time during the progress of the work request any modifications, alterations or deviations in, additions to, or omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty to do so, and the same shall in no way affect or make void this Contract; but the amount thereof shall be amortized over the remaining term of this Contract and added to or deducted, as the case may be, from the payments set forth in Paragraph 3 above by a fair and reasonable valuation, based upon the actual cost of labor and materials. This Contract shall be deemed to be completed when the work is finished in accordance with the original Proposal or Scope of Work as amended or modified by such changes, whatever may be the nature or the extent thereof. The rule of practice to be observed in fulfillment of this paragraph shall be that, upon the demand of either City or Contractor, the character and valuation of any or all changes, omissions or extra work shall be agreed upon and fixed in writing, signed by City and Contractor, prior to performance. 9. Contractor's Failure to Perform. Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 95 ________________________________________________________________________ CC5-971.doc Page: 3 Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials, equipment and appliances belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor. 10. Extension of Time for Completion. Time is of the essence of this Contract and Contractor shall substantially complete the work during the time provided for herein. However, the time during which Contractor is delayed in said work by (a) the acts of City or its agents or employees or those claiming under Contract with or permission from City, or (b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated stormy or inclement weather which necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome, or (e) the failure of City to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance. Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement whether conditions are common. This fact has been considered by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop work if any payment, including payment for extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. 11. Unforeseen Conditions. It is understood and agreed that Contractor, before incurring any other expenses or purchasing any other materials for the Project, shall proceed to inspect the work site and all visible conditions and that if, at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract or inherent in a work site located in the Rocky Mountains, Contractor shall so notify City, and City shall at that time have the right and option to immediately cancel and terminate this Contract or to instruct Contractor to continue the work and add the additional amount attributable to such unforeseen conditions to the payments due Contractor as set forth above. It is agreed that in the event of any cancellation by City in accordance with this section, Contractor shall be paid the actual costs of the work done prior to the time of cancellation. In computing such costs, building permit fees, insurance and such financing DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 96 ________________________________________________________________________ CC5-971.doc Page: 4 and title charges as are not refundable shall be included; provided that supervision time, office overhead and profit shall not be included in such costs to be refunded to Contractor by reason of such cancellation. 12. Acceptance by City. No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, but the entire work is to be subject to the inspection and approval of City at the time when Contractor notifies City that the Project has been completed. 13. Notice of Completion; Contractor's Release. City agrees to sign and file of record within five (5) days after the substantial completion and acceptance of the Project a Notice of Completion. If City fails to so record the Notice of Completion within said five (5) day period, City hereby appoints Contractor as City's agent to sign and record such Notice of Completion on City's behalf. This agency is irrevocable and is an agency coupled with an interest. Contractor agrees upon receipt of final payment to release the Project and property from any and all claims that may have accrued against the same by reason of said construction. If Contractor faithfully performs the obligations of this Contract on its part to be performed, it shall have the right to refuse to permit occupancy of any structures by City or City's assignees or agents until the Notice of Com pletion has been recorded and Contractor has received the payment, if any, due hereunder at completion of construction, less such amounts as may be retained pursuant to mutual Contract of City and Contractor under the provisions of Paragraph 3 above. 14. 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. 15. Insurance. DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 97 ________________________________________________________________________ CC5-971.doc Page: 5 a. The 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 the terms of this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the terms of this Contract 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. Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. 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. 2. 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. 3. 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: A53DC376-1433-4E1A-8016-C1F6B643AE3A 98 ________________________________________________________________________ CC5-971.doc Page: 6 c. Except for any Contractor Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy 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. d. The certificate of insurance provided to the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage 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 of Aspen. e. In addition, these Certificates of Insurance shall contain the following clauses: Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy. Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer. Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Certificates of Insurance for all renewal policies shall be delivered to the Architect at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Contract or thereafter. DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 99 ________________________________________________________________________ CC5-971.doc Page: 7 e. Failure on the part of the Contractor to procure or maintain policies providing the required coverage, 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. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. f. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 16. Damage or Destruction. If the Project is destroyed or damaged by any accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid for by City as extra work under Paragraph 8 above. If, however, the estimated cost of replacement of the work already completed by Contractor exceeds twenty (20%) percent of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel this Contract and, in such event, Contractor shall be paid the reasonable cost, including net profit to Contractor in the amount of ten (10%) percent, of all work performed by Contractor before such cancellation. 17. Notices. Any notice which any party is required or may desire to give to any other party shall be in writing and may be personally delivered or given or made by United States mail addressed as follows: To City: City of Aspen Attn: Hailey Guglielmo 427 Rio Grande Pl Aspen, Colorado 81611 To Contractor: Heyl Construction, Inc 4000 River Frontage Road Silt, CO 81652 subject to the right of either party to designate a different address for itself by notice similarly given. Any notice so given, delivered or made by United States mail, shall be deemed to have been given the same day as transmitted by telecopier or delivered personally, one day after consignment to overnight courier service such as Federal DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 100 ________________________________________________________________________ CC5-971.doc Page: 8 Express, or two days after the deposit in the United States mail as registered or certified matter, addressed as above provided, with postage thereon fully prepaid. 18. Inspections; Warranties. (a) Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. (b) Contractor shall schedule and cause to be performed all corrective activities necessitated as a result of any deficiencies noted on the final inspection prior to acceptance. The costs of material and/or labor incurred in connection with such corrective activities shall not be reimbursed or otherwise paid to Contractor. (c) Contractor shall obtain, at City's expense, third party warranty contracts (to be entered into by City). 19. Licensure of Contractor. Contractor hereby represents and warrants to City that Contractor is duly licensed as a general contractor in the State of Colorado, and if applicable, in the County of Pitkin. 20. Independent Contractor. It is expressly acknowledged and understood by the parties that nothing in this Contract shall result in, or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 21. Assignment. This Contract is for the personal services of Contractor. Contractor shall not transfer or assign this Contract or its rights and responsibilities under this Contract nor subcontract to others its rights and responsibilities under this Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 22. Successors and Assigns. Subject to paragraph 22, above, this Contract shall be binding on, and shall inure to the benefit of, City and Contractor and their respective successors and assigns. DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 101 ________________________________________________________________________ CC5-971.doc Page: 9 23. Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the matters set forth herein and supersedes all prior Contracts between City and Contractor respecting such matters. 24. Waivers. No waiver by City or Contractor of any default by the other or of any event, circumstance or condition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance or condition, whether of the same or of any other nature or type and whether preceding, concurrent or succeeding; and no failure or delay by either City or Contractor to exercise any right arising by reason of any default by the other shall prevent the exercise of such right while the defaulting party continues in default, and no waiver of any default shall operate as a waiver of any other default or as a modification of this Contract. 25. Remedies Non-Exclusive. No remedy conferred on either party to this Contract shall be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy. 26. Governing Law. This Contract shall be governed by, and construed in accordance with, the laws of the State of Colorado. Venue for any action at law or equity shall be Pitkin County. 27. Attorneys' Fees. If either party to this Contract shall institute any action or proceeding to enforce any right, remedy or provision contained in this Contract, the prevailing party in such action shall be entitled to receive its attorneys' fees in connection with such action from the non-prevailing party. 28. Severability. Any provision in this Contract which is held to be inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid without affecting the remaining provisions, and to this end the provisions of this Contract are declared to be severable. 29. Nondiscrimination. During the performance of this Contract, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Vietnam era veteran. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a disadvantaged person, or a disabled or Vietnam era veteran. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 102 ________________________________________________________________________ CC5-971.doc Page: 10 30. Prohibited Interest. No member, officer, or employee of the City of Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 31. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest: a. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon a Contract or understanding for a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. b. The 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 of 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 Contract or to any solicitation or proposal therefor. c. It shall be a material breach of the Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. 32. Payments Subject to Annual Appropriations. If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Contractor, if it so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriate. 33. Worker Without Authorization – 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 DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 103 ________________________________________________________________________ CC5-971.doc Page: 11 a contract, or to knowingly contract with a Contractor 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 Contractor or a subcontractor 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, Contractor certifies and represents that at this time: 1. Contractor 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. Contractor 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. Contractor hereby confirms that: 1. Contractor shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 104 ________________________________________________________________________ CC5-971.doc Page: 12 3. Contractor 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. Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Contractor shall: 1. Notify such subcontractor and the Owner within three days that Contractor has actual knowledge that the subcontractor is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not stop employing or contracting with the worker without authorization; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization. Contractor 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 Contractor 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, Contractor shall be liable for actual damages to the Owner arising out of Contractor’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. 34. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 105 ________________________________________________________________________ CC5-971.doc Page: 13 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. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By: ____________ Title:_________________________ APPROVED AS TO FORM: By: City Attorney ATTESTED BY: CONTRACTOR: __________________________ By: __________________________ Title:__________________________ DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A president 4/10/2023 | 11:35:27 AM PDT 106 ________________________________________________________________________ CC5-971.doc Page: 14 General Conditions for Construction Contracts and Special Conditions can be found on City of Aspen Website. Purchasing | Aspen, CO Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 107 ________________________________________________________________________ CC5-971.doc Page: 15 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ____________________) ) SS. COUNTY OF __________________) On this _______ day of ________________________________, 20____, before me appeared ___________________________________________________, to me personally known, who, being by me first duly sworn, did s ay that s/he is ___________________________________ of _______________________________________________________ and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. ______________________________________ Notary Public ______________________________________ Address My commission expires: _______________________ DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 108 Item No. Removals Qty Unit Unit Price Item Price 1 Full Depth Asphalt Removal 12,044 SF 3.26$ 39,263.44$ 2 Asphalt Milling 1,517 SF 12.75$ 19,341.75$ 3 Concrete Pan Removal 627 SF 6.62$ 4,150.74$ 4 Curb & Gutter Removal 124 LF 23.09$ 2,863.16$ 5 Concrete Trash Pad Removal 200 SF 7.97$ 1,594.00$ 6 Tree Removal 2 EA 1,926.58$ 3,853.16$ 7 Drywell Removal 2 EA 4,696.87$ 9,393.74$ 8 Inlet Removal 2 EA 1,645.24$ 3,290.48$ 9 Storm Manhole Removal 1 EA 1,550.12$ 1,550.12$ 10 8" Steel Pipe Removal 20 LF 98.13$ 1,962.60$ 11 Storm Cleanout Removal 2 EA 1,459.32$ 2,918.64$ 12 Removal of Pipe (Storm) 20 LF 172.17$ 3,443.40$ 13 Removal of Pipe (Water) 50 LF 59.14$ 2,957.00$ 14 Signage to be removed and replaced as needed 1 LS 3,075.00$ 3,075.00$ 15 All pavement marking to be removed and replaced in kind within project limits 1 LS 4,305.00$ 4,305.00$ New Construction Qty Unit Unit Price Item Price 16 Full Depth Asphalt - 5" 12,044 SF 7.68$ 92,497.92$ 17 6 inch lift CDOT Class 6 Road Base 12,244 SF 3.41$ 41,752.04$ 18 Asphalt Overlay 1,517 SF 3.69$ 5,597.73$ 19 Concrete Pan 666 SF 46.74$ 31,128.84$ 20 Curb & Gutter 123 LF 142.68$ 17,549.64$ 21 Concrete Trash Pad - 6" 200 SF 27.06$ 5,412.00$ 22 Sidewalk 25 SF 190.65$ 4,766.25$ EXHIBIT A Proposal Submitted by: Heyl Construction Project No: 2023-145 Bid Date: March 30, 2023 Project: Garmisch and Hallam Stormpipe and Watermain Replacement Garmisch & Hallam Stormpipe and Water Replacement DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 109 23 Neenah Combination Inlet R-3015 2 EA 12,727.30$ 25,454.60$ 24 Neenah Combination Inlet R-3462-B 2 EA 12,788.00$ 25,577.60$ 25 5' Diameter Manhole 4 EA 13,586.73$ 54,346.92$ 26 8' Diameter Manhole 3 EA 39,342.48$ 118,027.44$ 27 8' Diameter Manhole with Neenah Combination Inlet R-3015 1 EA 42,004.98$ 42,004.98$ 28 Two-Way Storm Cleanout 2 EA 3,692.95$ 7,385.90$ 29 8" PVC 25 LF 199.79$ 4,994.75$ 30 15" RCP 101 LF 224.32$ 22,656.32$ 31 24" RCP 305 LF 405.47$ 123,668.35$ 32 36" RCP 31 LF 596.31$ 18,485.61$ 33 48" ADS HP 238 LF 784.04$ 186,601.52$ 34 Sod 50 SF 4.49$ 224.50$ 35 Tree - 2" Ohio Buckeye 2 EA 1,534.10$ 3,068.20$ 36 Relocate CATV 190 LF 36.37$ 6,910.30$ 37 Thrustblock 6 EA 234.62$ 1,407.72$ 38 Tie Rods on 8" DIP 1 EA 618.63$ 618.63$ 39 Tie Rods on 6" CIP 1 EA 923.06$ 923.06$ 40 Tie Rods on 12" DIP 1 EA 429.66$ 429.66$ 41 6" DIP - Hydrant Lateral 17 LF 507.84$ 8,633.28$ 42 8" DIP 456 LF 307.83$ 140,370.48$ 43 8" Gate Valve 4 EA 3,403.69$ 13,614.76$ 44 6" Gate Valve 3 EA 2,360.80$ 7,082.40$ 45 12" Gate Valve 1 EA 5,883.96$ 5,883.96$ 46 8"x6" Reducer 2 EA 542.20$ 1,084.40$ 47 11-1/4 Degree Bend 2 EA 612.56$ 1,225.12$ 48 45 Degree Bend 1 EA 638.15$ 638.15$ 49 8”x12”x8” Tee 1 EA 1,730.40$ 1,730.40$ 50 8"x6"x8" Tee 2 EA 962.89$ 1,925.78$ 51 6" wye 1 EA 785.25$ 785.25$ DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 110 52 6" solid sleeve 3 EA 478.25$ 1,434.75$ 53 Water Service Taps 2 EA 9,242.07$ 18,484.14$ 54 Waterline Disinfection and Testing 1 LS 7,003.44$ 7,003.44$ 55 4" Blueboard Insulation 80 SF 5.87$ 469.60$ 56 3" Electrical Conduit (Empty) - EV Charger 30 LF 49.24$ 1,477.20$ 57 EV Charger Foundation 1 EA 4,897.11$ 4,897.11$ 58 Traffic Control 1 LS 92,250.00$ 92,250.00$ 59 Stormwater Management - Reroute Garmisch Flow 1 LS 23,049.72$ 23,049.72$ 60 Erosion and Sediment Control Plan and Management 1 EA 12,300.00$ 12,300.00$ 61 Mobilization 1 LS 116,905.94$ 116,905.94$ 62 Irrigation Reset/Repair 1 LS 4,305.00$ 4,305.00$ 63 Construction Surveying 1 LS 19,065.00$ 19,065.00$ 64 Geotechnical Investigation 1 EA 23,370.00$ 23,370.00$ 65 Asbuilt Survey 1 EA 6,150.00$ 6,150.00$ TOTAL 1,459,588.59$ Qty Unit Unit Price Item Price 66 Temporary Water Service 1 EA 9,242.09$ 9,242.09$ 67 Water Service Taps 1 EA 9,242.09$ 9,242.09$ 68 12" DIP 210 LF 348.56$ 73,197.60$ 69 Thrustblock 2 EA 767.52$ 1,535.04$ 70 Additional Full Depth Asphalt 1,100 SF 7.68$ 8,448.00$ 71 Additional Mill and Overlay 30 SF 25.39$ 761.70$ BID ALT 1 TOTAL 102,426.52$ TOTAL BID IN NUMBERS 1,562,015.11$ TOTAL BID IN WORDS ALTERNATIVE BID SCHEDULE - ESTIMATED QUANTITY LIST one million, five hundred sixty-two thousand, fifteen dollars and eleven cents DocuSign Envelope ID: A53DC376-1433-4E1A-8016-C1F6B643AE3A 111 MEMORANDUM TO: Aspen City Council FROM: Nancy Nichols, Co-manager Kids First THRU: Sara Ott, City Manager Diane Foster, Assistant City Manager MEETING DATE:April 25, 2023 RE:Childcare Nurse Consultant contract PURPOSE: Kids First requests approval of a Professional Services contract for Childcare Nurse Consultant, Heather Prokaski for 2023. SUMMARY & BACKGROUND: Kids First has contracted with Heather Prokaski for the past year 2022 and found this nurse consultant relationship to be a successful and a positive model. This role is important to the overall quality of our licensed childcare programs and has tremendous impact for the programs in the area of child health. It also serves to meet the State of Colorado licensing requirement to have a childcare nurse/health consultant. The childcare programs use the nurse consultant in a wide variety of ways including health screenings, environmental knowledge, immunization record keeping, communicable disease management, and emergency preparedness. Attached is the scope of work for this position with many more services offered. Professional Services Contract Childcare Nurse Consultant Attachment A – Scope of work Attachment B – Fee schedule DISCUSSION: This work lends itself well to a contract role since the scope is well defined. We had over 6 years of working with nurse on staff to understand the unmet need and develop this scope of work. Kids First staff has met numerous times and is in agreement with Heather about ways to deliver these services and to connect with the related work that Kids First does to improve quality in the childcare programs. If we are not able to provide this service to the childcare programs, they will either be out of compliance with childcare licensing or will have to find and contract individually with a nurse to meet the licensing requirement. Kids First has been able to exceed the licensing requirement with this work, resulting in more contact hours, higher quality in the programs, and better outcomes for children’s health. 112 2 FINANCIAL IMPACTS: Kids First has a budget for professional services that can be used for this purpose, the contract annual amount is $65,000. RECOMMENDED ACTION:Staff recommends council approval of resolution #062 (2023) to authorize contracting to provide Nurse Consulting services to the licensed childcare programs. ALTERNATIVES:Council could choose to not approve this contract and have each childcare program find and contract with individual childcare health consultants. City Manager Comments: Attachments: A: Resolution #062 (2023) B: Contract for childcare health consulting services 113 RESOLUTION #062 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND HEATHER PROKASKI 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, Childcare Nurse Consultant between the City of Aspen and Heather Prokaski, a true and accurate copy of which is attached hereto 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 Childcare Nurse Consultant services between the City of Aspen and Heather Prokaski, 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 April 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 25th, 2023. Nicole Henning, City Clerk 114 Agreement Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2023-185 AGREEMENT made as of 11th day of April, in the year 2023. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Heather Prokaski 0600 County Road 138 Glenwood Springs, Co 81601 Phone: 720-587-9050 For the Following Project: Kids First Nurse Consultant annual contract for services, not to exceed $65,000 Exhibits appended and made a part of this Agreement: If this 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. City Council Approval: Date: 4/25/2023 Resolution No: 062 Exhibit A: Scope of Work Exhibit B: Fee Schedule Total: $ 65,000 Annual contract, April 1, 2023, thru March 31, 2024 DocuSign Envelope ID: D3E78D91-85AA-473E-AC89-4F0453AA04C8 115 Agreement Professional Services Page 1 The City and Professional agree as set forth below. 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 March 31, 2024. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit 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 may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. DocuSign Envelope ID: D3E78D91-85AA-473E-AC89-4F0453AA04C8 116 Agreement Professional Services Page 2 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent, or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents, or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, 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 DocuSign Envelope ID: D3E78D91-85AA-473E-AC89-4F0453AA04C8 117 Agreement Professional Services Page 3 coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interest’s 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 ONE MILLION DOLLARS ($1,000,000.00) 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 interest’s 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 DocuSign Envelope ID: D3E78D91-85AA-473E-AC89-4F0453AA04C8 118 Agreement Professional Services Page 4 minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. 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 DocuSign Envelope ID: D3E78D91-85AA-473E-AC89-4F0453AA04C8 119 Agreement Professional Services Page 5 indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. 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: DocuSign Envelope ID: D3E78D91-85AA-473E-AC89-4F0453AA04C8 120 Agreement Professional Services Page 6 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: 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. DocuSign Envelope ID: D3E78D91-85AA-473E-AC89-4F0453AA04C8 121 Agreement Professional Services Page 7 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. 17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions a gainst 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. 18. 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. DocuSign Envelope ID: D3E78D91-85AA-473E-AC89-4F0453AA04C8 122 Agreement Professional Services Page 8 19. 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. 20. 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. 20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 22. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. DocuSign Envelope ID: D3E78D91-85AA-473E-AC89-4F0453AA04C8 123 Agreement Professional Services Page 9 23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It fu rther 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, h as 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. 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. DocuSign Envelope ID: D3E78D91-85AA-473E-AC89-4F0453AA04C8 124 Agreement Professional Services Page 10 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approve as to Form: _____________________ City Attorney General Conditions and Special Conditions can be found on City of Aspen Website. https://www.cityofaspen.com/497/Purchasing DocuSign Envelope ID: D3E78D91-85AA-473E-AC89-4F0453AA04C8 RN, BSN, CCHC 4/13/2023 | 9:14:10 AM PDT Heather Prokaski 125 Agreement Professional Services Page 11 EXHIBIT A: SCOPE OF WORK Consultation Responsible for applying skills and knowledge to plan and implement quality childcare health consultation activities and experiences within the childcare setting. Knows Colorado immunization requirements and the status of children in the program. Works closely with the Kids First Director and childcare directors and/or the appointed healthcare liaison to assist the childcare programs with communicable disease management. Identifies needed improvements in childcare required health care procedures. Provide information, education, and resources on health and safety topics including but not limited to: nutrition and obesity prevention, injury prevention, oral health, playground and classroom safety, early childhood development, environmental health, staff health, illness policies, and disaster planning including, illness outbreaks, or natural disasters that would affect childcare operations and child safety. Communicates with the appointed health liaison in each childcare program. Assist the childcare program with communicable disease management. Identify improvements for childcare program regarding health and safety policy and procedures and support the program in implementing changes. Provide training and delegation to childcare staff for “routine” and emergency medications necessary for a student during the school day. (Medication Administration Training) Help childcare staff manage medical procedures during the school day of children with special health care needs including providing an Individualized Health Plan to the program/family/health care provider. Provide training to childcare staff on illness prevention, daily health checks, hand washing and diaper changing technique (Standard Precaution training). Provide knowledge, resources and assistance with Colorado immunization record requirements including identifying the immunization status of children in the program, transcribing immunization information and calculating program immunization/exemption rates. Work closely with the childcare director to develop and implement a health and fitness policy and procedures plan. Provide parent education on health and safety topics. Provide health and nutritional education and resources including promotion of healthy child development, staff and/or parent trainings. Provide vision, hearing, and dental screenings to all children in childcare programs; ensuring results are shared with program and parents. Coordinate referrals to child find and developmental services from the childcare program or family if developmental concerns have been observed. Provide contact information for CCHC if questions arise between visits to the program. Availability to confer with parents and childcare staff as needed. Assess ongoing training needs and opportunities in childcare programs. Keep childcare staff up to date on the latest information regarding communicable disease and general health concerns in the community. Maintain documentation of consulting hours, topics, and trainings provided to childcare staff and families. DocuSign Envelope ID: D3E78D91-85AA-473E-AC89-4F0453AA04C8 126 Agreement Professional Services Page 12 Additionally: Consideration will be made for work that may not fit into the above options, but that improves quality in the area of child health. The Nurse Consultant will attend regular Kids First staff meetings, childcare director meetings, and public health school meetings as needed and mutually agreed to. The Nurse Consultant will use secure electronic files and emails for any confidential information The Nurse Consultant will provide a current copy of their nursing license to Kids First; and to childcare programs upon request. Demonstrates sound judgment, focusing on quality improvement, managing, and resolving conflict, fostering a culture of accountability, clearly defining responsibilities and expectations, setting goals, providing motivation and performance feedback, recognizing contributions, and encouraging training and development. City Organizational Values Supports and models the City of Aspen organizational values: Service, Partnership, Stewardship, and Innovation. Organizational values are shared principles that guide behavior across the organization. DocuSign Envelope ID: D3E78D91-85AA-473E-AC89-4F0453AA04C8 127 Agreement Professional Services Page 13 EXHIBIT B: FEE SCHEDULE $65 per hour for direct service hours providing consulting, training, and child health support to Pitkin County licensed early childhood programs. Work is to be paid hourly, invoiced monthly, not to exceed 20 hours average per week. Invoice received by Kids First by the 5th of the following month that services are provided will be paid by the 15th of that month. If invoice is received later, payment may be delayed. DocuSign Envelope ID: D3E78D91-85AA-473E-AC89-4F0453AA04C8 128 MEMORANDUM TO:Mayor Torre and City Council FROM:Ben Levenson, Project Manager II, Asset Management THROUGH:Rob Schober, Director, Asset Management MEMO DATE:April 17th, 2023 MEETING DATE:April 25th, 2023 RE:Yellow Brick Flooring Replacement REQUEST OF COUNCIL: Approval of a contract with Vicunha Flooring in the amount of $134,742.14 for replacement of the common area interior flooring at 215 N Garmisch St (Yellow Brick Building) SUMMARY AND BACKGROUND: The existing common area flooring in the Yellow Brick Building was installed approximately 18 years ago. It has held up and performed very well. The flooring has reached the end of its usable life, with some areas beginning to bubble and peel. Approximately 3,528 SF of flooring is proposed to be replaced. Due to the fact that the existing flooring has held up and performed so well, the decision was made to replace the flooring with the same specification rubber floor tile. A more modern tape style adhesive will be used to expedite the installation and allow for up to 99% relative humidity of the substrate. This will mitigate any future bubbling of floor tiles. DISCUSSION: Staff is recommending approval of the attached contract ‘Exhibit A’ with Vicunha Flooring. Vicunha Flooring was selected via the formal RFP procurement process. Staff agrees that Vicunha Flooring is a qualified contractor who will be able to perform the work in a timely manner. FINANCIAL IMPACTS: The project is funded from the 152 Kids First Fund. Spending authority for the replacement of common area flooring – Yellow Brick (Project #51414) equal to $146,000 was approved in 2022 and will be submitted for re-appropriation in the Spring Supplemental for 2023. 129 ALTERNATIVES: If the project is not performed the common area flooring will continue to age, and will require replacement of floor tiles on an individual basis in areas that have began to bubble. RECOMMENDATIONS: Staff recommends approval of the Vicunha Flooring contract. CITY MANAGER COMMENTS : 130 RESOLUTION # 063 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND VICUNHA FLOORING LLC 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 Yellow Brick Common Area Flooring Replacement, between the City of Aspen and Vicunha Flooring LLC, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Yellow Brick Common Area Flooring Replacement, between the City of Aspen and Vicunha Flooring 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. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 25th day of April, 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 25th, 2023. Nicole Henning, City Clerk 131 Agreement Professional Services Page 0 Vicunha Flooring 210 AABC Unit G Aspen, Colorado 91611 Phone: 970-925-4441 Removal and disposal of existing flooring, installation of new common area flooring in the Yellow Brick. CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2023-143 AGREEMENT made this 14th day of April, in the year 2023. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: For the Following Project: Exhibits appended and made a part of this Agreement: If this 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. City Council Approval: Date: 4/25/2023 Resolution No.:#063 Exhibit A: Vicunha Proposal $134,742.14 DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 132 Agreement Professional Services Page 1 The City and Professional agree as set forth below. 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 August 1, 2023. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. Payment terms for work performed by Professional shall be the following: 50% of contract materials due at execution of contract, 50% of contract materials due at delivery, and 100% of contract labor due upon completion. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 133 Agreement Professional Services Page 2 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, 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 DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 134 Agreement Professional Services Page 3 coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) 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 ONE MILLION DOLLARS ($1,000,000.00) 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 DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 135 Agreement Professional Services Page 4 minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. 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 DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 136 Agreement Professional Services Page 5 indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. 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 DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 137 Agreement Professional Services Page 6 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: 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. DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 138 Agreement Professional Services Page 7 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. 17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the proh ibitions 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. 18. 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. DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 139 Agreement Professional Services Page 8 19. 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. 20. 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. 20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 22. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 140 Agreement Professional Services Page 9 23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 25. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 26. 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. DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 141 Agreement Professional Services Page 10 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approve as to Form: _____________________ City Attorney General Conditions and Special Conditions can be found on City of Aspen Website. https://www.cityofaspen.com/497/Purchasing DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 4/14/2023 | 9:40:48 AM MDT Owner Eugenia Acevedo 142 Agreement Professional Services Page 11 EXHIBIT A: VICUNHA PROPOSAL DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 143 Agreement Professional Services Page 12 DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 144 Agreement Professional Services Page 13 DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 145 Agreement Professional Services Page 14 DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 146 Agreement Professional Services Page 15 DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 147 Agreement Professional Services Page 16 DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 148 Agreement Professional Services Page 17 DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 149 Agreement Professional Services Page 18 DocuSign Envelope ID: 539B8A39-8D6C-408B-B6D3-D91A45A366D3 150 MEMORANDUM TO: Mayor and City Council FROM: Lisa Rigsby Peterson, Executive Director of the Wheeler Opera House THROUGH: Alixandra Feeley, Business Manager, Wheeler Opera House MEMO DATE: March 19, 2023 MEETING DATE: April 25th, 2023 RE: Resolution #064 Series 2023: Contract for Wheeler Bar Concessionaire REQUEST OF COUNCIL: The Wheeler Opera House is seeking Council approval for a contract with Bar West Group, LLC dba Escobar to operate the bar located on the second floor of the venue, 320 E Hyman Ave, Aspen, CO. SUMMARY AND BACKGROUND: The City of Aspen sought a turn-key concessionaire to provide bar and concessions service at the Wheeler Opera House. When the previous concessionaire’s operating agreement came up for renewal during the venue’s public closure in 2020, the operator chose not to renew. As performances resumed in summer 2021, the Wheeler bar remained closed as part of COVID mitigation efforts. With the expiration of COIVD-related mandates, resuming bar service became a central question for Wheeler staff. Understanding the challenges facing the hospitality industry as they related to staffing and operational flux, the Wheeler team contracted as- needed bar tending services as a stop-gap measure until the performance calendar and bar service schedule became more consistent and thereby more appealing to potential bar operators. This agreement establishes a new concessionaire to oversee and execute full operations of the bar. The committee’s goal was to find a vendor who understands and contributes to our patron experience by providing impeccable customer service by offering experienced TIPS-trained bar tending staff, a high quality and thoughtful menu, consistent availability of a variety of alcoholic and non-alcoholic choices, and a clear dedication to patron satisfaction. DISCUSSION: Proposals were evaluated and reviewed on the following criteria: experience in concessions, variety and pricing of proposed menu, financial information, reference responses, and fee proposal. Criteria were individually weighted resulting in a final cumulative score. The RFP committee, comprised of Wheeler Staff, recommended that Bar West Group, LLC dba Escobar be awarded the contract. 151 A primary factor in evaluating qualifications was proven customer service focus, experience in high pressure concessions situations, and proven ability to provide appropriate staffing. Of the three bids received, two were well versed with those very specific qualifications – one was based here locally in Aspen, and the other was based in Denver. A third had strength in only one of these three review criteria areas. The review committee decided that local operator Escobar presented the strongest understanding for successful operations: our venue bar’s service schedule and staffing needs. Beginning in July 2022, the Wheeler had engaged a regional business for as-needed bar tending services. Through the RFP process, we were excited to discover an Aspen-based business we could engage as an independent Contractor to provide these services locally. Throughout this interim period, the Wheeler patrons and staff have been very impressed with the quality and speed of service, as well as the responsiveness and adaptability of the Escobar team. Of the three bids received, one proposed a prohibitive fee schedule, and the remaining two were appropriate given gross earnings potential. While fee proposal was considered in evaluation, all applications were reviewed in entirety with criteria weighted across experience & qualifications, operational understanding, customer service approach, fee proposal and references. Escobar is a well-established, local operator that has managed to thrive in the competitive Aspen nightclub scene for over a decade. With that longevity, comes the reputable management experience that allows them to consistently provide exceptional customer service with highly skilled staff. Over the years, they have expanded their operations, including off-site catering services giving them experience working beyond the nightclub space. Overall, our review committee awarded a top score to Bar West Group, LLC dba Escobar. Statements of support included: . •A great local option; understands [our] challenges. •Demonstrates a strong grasp of staffing and schedule [needs]. •Committed to service and creating an exceptional patron experience. Due to delays at the state level in processing liquor license transfers and applications, it may take three to four months before this agreement is put into practice. We will continue to utilize present contract services of Bar West Group, LLC dba Escobar during this interim period. FINANCIAL IMPACTS: •Reduced expenses in Indirect Production Costs - Other, which has been used to for payment of concessions inventory purchases, including alcohol and snack items, as well as as-needed bartending services. 152 •Increased miscellaneous revenue; up to 5% gross sales monthly ENVIRONMENTAL IMPACTS: Environmental stewardship in bar operations remains a priority for the Wheeler and the concessionaire. As part of the operating agreement, service ware used must be compostable or recyclable and single-use plastic products may not be sold. ALTERNATIVES: The Wheeler Opera House could assume full in-house operations of the bar including inventory management, training and scheduling, and staffing. Wheeler management of the bar would require an assessment of bar operations, especially as it pertains to the service schedule and number of events for which the bar is open for sales. Because the Wheeler cannot currently meet the staffing needs for successful bar operations, additional full and/or part-time staff would need to be hired. With or without the addition of part-time staff, supplemental as-needed bar tending services would likely need to be contracted from local and regional vendors at the rate of $60-$75/hr. per bartender plus applicable travel fees. RECOMMENDATIONS: The Wheeler staff recommend awarding the bar concessionaire contract to Bar West LLC dba Escobar for a period of one year, with the option to renew for successive terms. CITY MANAGER COMMENTS: 153 RESOLUTION #064 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND BAR WEST GROUP, LLC DBA ESCOBAR 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 bar and concessions services at the Wheeler Opera House, between the City of Aspen and Bar West Group, LLC dba Escobar, 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 bar and concessions services at the Wheeler Opera House between the City of Aspen and Bar West Group, LLC dba Escobar 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 25th day of April 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 25, 2023. Nicole Henning, City Clerk 154 1 RECITALS: WHEREAS, the City is the current holder of a tavern license for the sale of alcohol on its property located within the Wheeler Opera House, Aspen, Colorado (hereinafter the “Liquor License”); and WHEREAS, the City and OPERATOR wish to enter into this agreement for the operation of the second floor bar, known as the Wheeler Bar, and other designated areas, pursuant to a tavern license that will be jointly held by the two parties on terms as set forth herein; and WHEREAS, the Parties wish to grant such rights to each other under the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the promises and covenants contained herein and for other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties hereby agree as follows: 1.Liquor License Transfer. The parties hereby agree that the current Wheeler Tavern License will be transferred from the City of Aspen to the City of Aspen and OPERATOR. OPERATOR will file all necessary and appropriate documents to complete the transfer. 2.Management and Operation. OPERATOR shall operate and manage the Wheeler Bar, the Bar Storage Areas, and the license areas set forth in Exhibit “B”, attached hereto, in a competent and professional manner pursuant to the terms set forth at Exhibit A attached hereto and by this reference incorporated herein. 3.Term. This agreement shall commence upon the completion of the transfer of the Liquor License, but not earlier than June 1st, 2023, from the City of Aspen to the City of Aspen and OPERATOR and shall continue until June 30th, 2024 unless sooner terminated. Early termination requires 60 day notice in writing. This agreement includes an option to renew for two years after the first 12 months of the contract by mutual agreement. 4.Payments. Funds and receipts generated pursuant to this operation of the bar and the Tavern license shall be distributed and paid pursuant to the terms set forth in Exhibit A, attached hereto. 5.Non-Assignability. Both parties recognize that this Agreement cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub- Contracting, if authorized, shall not relieve the OPERATOR of any of the responsibilities or OPERATING AGREEMENT This Operating Agreement (hereinafter referred to as the “Agreement”) is entered into as of this 3rd of March_______________, 2023, by and between Bar West, LLC dba Escobar, a Colorado limited liability company (hereinafter “OPERATOR”), and City of Aspen, a Colorado Municipal Corporation organized under the laws of the State of Colorado (hereinafter the “City”), concerns and specifies the following: 155 2 obligations under this Agreement. OPERATOR 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 OPERATOR 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. 6.Termination. OPERATOR or the City may terminate this Agreement, without specifying the reason therefor, by giving 60-days 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. Notwithstanding the above, OPERATOR 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 OPERATOR. 7.Indemnification. To the extent allowed by law, the parties hereto hereby agree to indemnify and hold harmless each other, their officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, which arise out of or are in any manner connected with this contract, if 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 negligent act, omission, error, of the party, any subcontractor of the party, or any officer, employee, representative, or agent of the party or of any subcontractor of the party, or which arises out of any workmen’s compensation claim of any employee of the party or of any employee of any subcontractor of the party. 8.OPERATOR's Insurance. OPERATOR 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 OPERATOR pursuant to Section 7 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The OPERATOR shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 7 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. OPERATOR shall procure and maintain, and shall cause any subcontractor of the OPERATOR to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the OPERATOR pursuant to Section 7 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)Workers' 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 FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS 156 3 (iii)intentionally removed; OPERATOR does not own, hire or possess any vehicles and confirms it will not require its owners, employees or agents to operate a vehicle while providing services pursuant to this Agreement. (iv)Liquor Liability insurance with limits in the same amount as the general commercial liability coverages. 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 OPERATOR. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The OPERATOR shall be solely responsible for any deductible losses under any policy required above. The certificate of insurance provided to the City shall be completed by the OPERATOR'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 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. Failure on the part of the OPERATOR 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 ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii)Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) 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 contain a severability of interests provision. 157 4 premiums in connection therewith, and all monies so paid by City shall be repaid by OPERATOR to City upon demand, or City may offset the cost of the premiums against monies due to OPERATOR from City. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 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. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to OPERATOR for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide OPERATOR reasonable notice of any changes in its membership or participation in CIRSA. 10.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. 11.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. 12.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. OPERATOR agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-discrimination in employment. 13.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 OPERATOR to which the same may apply and, until complete performance by OPERATOR of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 14. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding 158 5 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. 15.Illegal Aliens- CRS 8-17.5-101 & 24-76.5-101. (a)Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require 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. (b)Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. (c)By signing this document, OPERATOR certifies and represents that at this time: (i)OPERATOR shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii)OPERATOR has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not illegal aliens. (d)OPERATOR hereby confirms that: (i)OPERATOR shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii)OPERATOR shall not enter into a contract with a subcontractor that fails to confirm to the OPERATOR that the subcontractor shall not knowingly hire new 159 6 employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii)OPERATOR has verified or has attempted to verify through participation in the Federal Basic Pilot Program that OPERATOR does not employ any new employees who are not eligible for employment in the United States; and if OPERATOR has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, OPERATOR shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. OPERATOR shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until OPERATOR is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv)OPERATOR shall not use the Basic Pilot Program procedures to undertake pre- employment screening of job applicants while the Public Contract for Services is being performed. (v) If OPERATOR obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, OPERATOR shall: (1)Notify such subcontractor and the City of Aspen within three days that OPERATOR has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2)Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that OPERATOR shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi)OPERATOR 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. (vii) If OPERATOR violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of OPERATOR's violation of Subsection 8-17.5-102, C.R.S. 160 7 (viii) If OPERATOR operates as a sole proprietor, OPERATOR hereby swears or affirms under penalty of perjury that the OPERATOR (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24- 76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a)OPERATOR 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 OPERATOR for the purpose of securing business. (b)OPERATOR 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)OPERATOR represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d)In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1.Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a OPERATOR 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 OPERATOR; and Recover such value from the offending parties. 17.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. 161 8 (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. 18.License transfer. At the end of the term set forth in paragraph 3, above, or upon any termination of the Agreement pursuant to paragraph 6, above, OPERATOR agrees to consent to the transfer of the Liquor License from OPERATOR and City to the City or the City’s designee or both. In the event that OPERATOR fails to execute the documents necessary to finalize such transfer, then this agreement shall be deemed full authorization and consent to such transfer. 19.Prior Agreements. All prior agreements regarding the Wheeler Bar are hereby terminated. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement on the date first written above. City of Aspen: OPERATOR: By: ____________________________ By: ________________________ 162 EXHIBIT A TO OPERATING AGREEMENT Operating Space and License Area: Wheeler Bar and Bar Storage Areas including all equipment in the areas, as well as the areas described as follows: See, Exhibit “B”, attached hereto. Gross Sales Distribution: OPERATOR and the City will divide the monthly gross sales with 5% paid to the City and the remainder to OPERATOR. OPERATOR agrees to pay the City its share of monthly gross sales at to be mutually agreed upon dates. If the payment is not received on or before said mutually agreed upon dates, OPERATOR shall pay the City a late charge of up to five percent (5%) on such overdue amount. The parties hereby agree that such a late charge will represent a fair and reasonable settlement of the cost that the City would incur by reason of the late payment by OPERATOR. Acceptance of such late charges by the Wheeler shall in no event constitute a waiver of OPERATOR's default with respect to such overdue amount, nor prevent the Wheeler from exercising any of the other rights and remedies granted hereunder unless the entire amount due, plus late charge, is accepted by the City. In addition, any sum for which OPERATOR shall be obligated to the Wheeler, which is not received on the due date thereof, shall bear interest at the rate of up to five percent (5%) per annum from and after the due date until paid. Operating Manager: OPERATOR must appoint an acting bar manager for the Wheeler Bar who is not the same person as the acting general manager for OPERATOR. The acting manager must pass the standard and required background check and will be listed on the Liquor L icense. Evidence of passing standard checks must be submitted to the City. Cost and Expenses: OPERATOR shall assume all costs involved with operating the Wheeler Bar including food and beverage costs, labor, insurance, license(s), etc. Collecting and remitting all appropriate taxes, fees, and documentation is the sole responsibility of OPERATOR. Operating System: City owns currently installed SQUARE POS system. OPERATOR may use this system as is at no charge. If OPERATOR desires any changes to the currently installed system, associated costs and/or cost-sharing to be reviewed and mutually agreed upon. Operating Schedule: OPERATOR agrees to operate bar at least 30 min prior to each public event, or earlier if mutually agreed upon in advance, staying operational until at least intermission or until a mutually agreed upon time. OPERATOR agrees to operate as needed for private events, TBA based on schedule. Wheeler staff will provide schedule requests at least 30- days in advance and will provide a 72hr notice for changes to staffing requests. OPERATOR and City agree to make reasonable accommodations as circumstances warrant. 9 163 10 Food and Beverage Menu: Price and product menu will be submitted to the Wheeler for approval upon the execution of this Agreement, and no later than 5 business days prior to the first bar opening. Any price changes following the initial approval must be approved in writing by the Wheeler's Executive Director. The Wheeler requires that affordable pricing is available, requiring a suggested range of $5 - $18 . All prices will be mutually approved by the Wheeler and OPERATOR. If prices cannot be mutually agreed upon, the agreement will be terminated. Appearance: OPERATOR staff will maintain a professional appearance while working at the Wheeler Bar, and uniform/attire shall be agreed upon between OPERATOR and Wheeler Management prior to opening. OPERATOR logos should not be present on working bartenders. Maintenance & Repair: City will be responsible for the maintenance and repair of all currently installed equipment, including but not limited to: cold plates, soda gun system, ice machines, refrigerators, etc. OPERATOR will provide timely notice of any repair necessary to the equipment or operating space. OPERATOR will be responsible for any damage occurring out of carelessness, negligence, or misuse of equipment by OPERATOR or OPERATOR's employees. OPERATOR will be responsible for basic end-of-night maintenance of operating space, including but not limited to emptying of waste, compost, and recycling bins located behind the bar and clean up of service-area surfaces. OPERATOR will be responsible for the overall cleanliness and organization of the lockable storage space located directly behind the bar. Licenses: OPERATOR will operate under a tavern license issued to the City and the OPERATOR and agrees to abide by all rules and regulations of the State of Colorado, City of Aspen, and Pitkin County. OPERATOR will actively protect the liquor license and agrees to and shall save, hold, and keep harmless and indemnify the City from and against any and all liquor code violations caused by OPERATOR. Any violations of state or local liquor code provisions will be grounds for immediate termination of this agreement. 164 165 166 167 168 169 170 RESOLUTION NO. 067 (SERIES OF 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPOINTING COUNCILMEMBERS TO VARIOUS BOARDS AND COMMISSIONS. WHEREAS, City Councilmembers serve on various community boards and commissions and decide amongst themselves which members shall serve on which board; and, WHEREAS, the City Council has appointed Torre and John Doyle to serve on the Colorado Association of Ski Towns (CAST) board; and, WHEREAS, the City Council has appointed Torre to serve on the DRGW Covenant Enforcement board; and, WHEREAS, The City Council has appointed John Doyle and Sam Rose to serve on the North West Colorado Council of Government (NWCOG); and WHEREAS, The City Council has appointed Torre to the Aspen Chamber Resort Association board; and WHEREAS, the City Council has appointed John Doyle to the Ruedi Water & Power Authority; and, WHEREAS, the City Council has appointed John Doyle and Sam Rose to serve on the CORE board; and WHEREAS, the City Council has appointed Ward Hauenstein to the Sister Cities board; and WHEREAS, the City Council has appointed Torre and John Doyle to the CML Policy Advisory Board; and WHEREAS, the City Council has appointed John Doyle to the Nordic Council; and, WHEREAS, the City Council has appointed Torre to the Board of Health; and, WHEREAS, the City Council has appointed Torre and Sam Rose to the RFTA Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: That the following City Councilmembers are appointed to the following boards: CAST:Torre and John Doyle DRGW Covenant Enforcement:Torre NWCOG:John Doyle and Sam Rose Aspen Chamber Resort Association:Torre Ruedi Water & Power Authority:John Doyle CORE Board:John Doyle and Sam Rose Sister Cities:Ward Hauenstein CML Policy Advisory Board:Torre and John Doyle 171 Nordic Council:John Doyle Board of Health:Torre RFTA:Torre and Sam Rose INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 25 th day of April 2023. _________________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, at a meeting held April 25th, 2023. _________________________________ Nicole Henning, City Clerk 172 RESOLUTION NO. 068 (SERIES OF 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPOINTING WARD HAUENSTEIN AS THE CITY COUNCIL DIRECTOR AND JOHN DOYLE AS THE CITY COUNCIL ALTERNATE DIRECTOR TO THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY (APCHA). WHEREAS, The Intergovernmental Agreement between the City of Aspen and Pitkin County establishing the Aspen/Pitkin County Housing Authority call for City Council to appoint one Director and one Alternate Director to the Board of Directors; and WHEREAS, one (1) Director shall be a member of City Council, One (1) Director shall be a member of the Board of County Commissioners (BOCC), one (1) Alternate Director shall be a member of City Council, one (1) Alternate Director shall be a member of the BOCC, and three (3) Directors and one (1) Alternate Director shall be jointly appointed by the City Council and the BOCC; and WHEREAS, Directors appointed from the City Council shall serve at the pleasure of the City Council. WHEREAS, the City Council desires to appoint Ward Hauenstein as the Director and John Doyle as the Alternate Director to the APCHA Board of Directors; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Ward Hauenstein shall be appointed as Director and John Doyle as the Alternate Director to the APCHA Board of Directors. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 25 th day of April 2023. _________________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, at a meeting held April 25th, 2023. _________________________________ Nicole Henning, City Clerk 173 1 REGULAR MEETING ASPEN CITY COUNCIL MARCH 14TH, 2023 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Richards, Mesirow, and Hauenstein present. CITIZEN COMMENTS: Phyllis Bronson – Ms. Bronson congratulated Mayor Torre for being reelected and said she’s sad about Skippy and said he has the same vision as her old friends, Joe Edwards and Michael Kinsley and It’s important not to lose that. She said congrats to the other two as they are on their way to hell. We want to keep the intrinsic thing alive and bring that funky vitality into the future. Rachel, you will be sorely missed. Great job, well done. She hopes Torre, John and Ward will bring great consensus building into the future. Patty Kravitz – Ms. Kravitz mentioned the Centennial owners who spoke in front of council on February 28th. We’ve been thwarted so we are back, and these comments are in response to Rachel Richards. She spoke about the contractor and how poorly the building was built. She spoke about being diligent with their maintenance. Mayor Torre asked for legal advice. City Attorney, James. R. True, said the discussion needs to happen in the proper forum. Ed Cross – Mr. Cross said he is a Centennial board member. He said Patty gave a good rendition of where we are. He said the homeowner’s association has never made a proposal to demolish the buildings and replace them. He is currently undervalued for what he paid for the property in 1992. We need to amend the deed restriction. Julie Forsay – Ms. Forsay said she has been a Centennial homeowner for 38 years. She addressed concerns brought up by Councilor Richards at the last meeting. We’ve completed all projects with a reserve fund. We’ve had to maintain failing buildings. She’s not aware of any of affordable housing buildings that are failing in a profound way. She hopes they can come up with a solution and agree on the same facts. Mayor Torre thanked all of them for being here again. COUNCIL COMMENTS: Councilor Doyle gave a shout out to America’s Downhill that was here. It was awesome, and town was abuzz with energy. He hopes it will return more frequently. Councilor Richards thanked the new council members who will be seated on April 11th. It was a tough fought race across the board. Regarding Centennial, she hopes these people are making the same claims to the county commissioners since it was a county project originally. She said council suggested that the county put something on the ballot this last November in order to deal with this. Councilor Hauenstein said thank you to Centennial. We’ve been dealing with this for decades. He enjoyed the World Cup while it was here. There was a lot of energy. He will miss Skippy’s energy and compassion regarding workforce housing. He will also miss Rachel and said he calls her Siri because of all of her historical knowledge. It’s a term of endearment and respect. He looks forward to working with 174 2 REGULAR MEETING ASPEN CITY COUNCIL MARCH 14TH, 2023 Sam and Bill and said we will do the best we can. He asked to reverse the last two items at the end since he and Rachel have to recuse themselves. Councilor Mesirow congratulated Mayor Torre. He thanked everyone for participating in this community. He said he is sad because there is a lot more he wanted to do, and he knew he put out some ideas that were controversial. He’s honored to have the support of many people in this town. He congratulated Bill and Sam. He said there is an upcoming full day housing summit on March 22 nd and is in line with the housing strategic plan. He mentioned the City of Aspen being a sponsor for this event for 5 or 10k. Councilor Richards said we should sponsor at a 5k level. Councilor Hauenstein and Doyle said they both support 5k. Mayor Torre said this request should have come through the proper channels. He said he needs more information since it’s eight days out from the event. Councilor Richards motioned to approve 5k from our housing fund to support the regional housing summit; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, no. 4-0, motion carried. Mayor Torre said there will be an ACES event tomorrow at the Wheeler regarding wolf reintroduction at 6:00 p.m. He gave a road update regarding snow removal, pothole repair and gravel removal and said city staff is on it. 311 connect is the best way to go about connecting with the city on these issues. He said his last item is regarding the election and noted that there was a really negative and divisive element that came about in this election. To those members of our community, that was not helpful. The folks in this last election that were saying things for the purpose of tearing down others in our community, is not ok in Aspen, Colorado. AGENDA AMENDMENTS: Mayor Torre said they will pull Resolution #037 from the consent calendar because Councilor Hauenstein has to recuse himself. CITY MANAGER COMMENTS: City Manager, Sara Ott, said they have been reaching out to CDOT regarding street conditions and will continue to be diligent on that. She thanked all of staff that has helped on the Police Chief recruitment process. Councilor Richards said they need to thank the City Clerk, Nicole Henning, for running the election so smoothly and seamlessly. BOARD REPORTS: Councilor Richards spoke about the Reudi Water and Power Authority regarding their upcoming meeting and said it’s a super important meeting for the city to participate in. Councilor Hauenstein said he had RFTA succession planning. Councilor Richards said she has a Club 20 policy meeting in Grand Junction for two days coming up. 175 3 REGULAR MEETING ASPEN CITY COUNCIL MARCH 14TH, 2023 Councilor Mesirow said this morning he was appointed to the Prop 22 Natural Advisory Board for the framework of the psilocybin issue. Over the next year, he will be working on this and will be a conduit of support. Ms. Ott gave an update on the Colorado Association of Ski Towns meeting. Governor Polis gave a speech around housing and a new housing bill that’s coming. We will be following this closely. CONSENT CALENDAR: Resolution #037, Series of 2023 – Community, Cultural Arts, and Health & Human Services Grant Funding Recommendations – Alissa Farrell, Assistant City Manager and Ann Mullins, Grant Committee Councilor Hauenstein exited the room. Ms. Farrell thanked Theresa McGovern for her service and said she has recently resigned from the committee. Mayor Torre said nothing jumped out at him, but it is an important program to the community. Their process is years ahead of where it’s been in the past. Ms. Mullins spoke about receiving many more applications and the amount of money that is being requested. Councilor Mesirowmotioned to approve Resolution #037, Series of 2023; Councilor Doyle seconded. Roll call vote: Doyle, yes; Mesirow, yes; Richards, yes; Torre, yes. 4-0, motion carried. Councilor Richards motioned to approve the remainder of the consent calendar; Councilor Hauenstein seconded. Mayor Torre pulled Resolution #032, Series of 2023 – Contract for Public Art Plan Development - Sara Roy, Red Brick Ms. Roy said they have received a total of five proposals for this. The ones selected are Colorado based. There is a timeline immediately with a discovery phase. She described how the plan would be implemented and said it should be by the end of the year to early next year. Ms. Roy said the Parks department has identified about 27 pieces of art so far and these will be mapped out and on GIS. Ms. Ott clarified that this is city owned public art. Councilor Mesirow said process wise, this doesn’t feel like the right way to go about this, but he is supportive. Mayor Torre said twelve months is much longer than he was expecting it to be. Ms. Roy said it’s because of robust public engagement. She doesn’t want to rush this. Councilor Richards said she’s going to support this. Councilor Doyle said he will support this and asked if they have reached out to Carbondale regarding their public art program. Ms. Roy said yes, she has spoken to several other towns on the subject. 176 4 REGULAR MEETING ASPEN CITY COUNCIL MARCH 14TH, 2023 Councilor Doyle gave Resolution #028 a shout out. Really cool. Councilor Richards restated the motion; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. PUBLIC HEARINGS: Ordinance #06, Series of 2023 – Amending Chapter 13.24 Waste Reduction – Tessa Schreiner and Jimena Baldino. Ms. Schreiner and Baldino repeated their presentation from first reading and said there were no changes. Councilor Doyle motioned to approve Ordinance #06, Series of 2023; Councilor Richards seconded. Councilor Richards congratulated them on their work and for bringing it forward. Mayor Torre suggested phasing this out over the next couple of years. Councilor Hauenstein sees this as an opportunity to continue the conversation with stores and packaging. He supports this. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Councilor Richards and Hauenstein live within distance of the next item and will be recusing themselves. They exited the meeting. Resolution #038, Series of 2023 – 570 Spruce Street – Request for Setback and Height Variances - Jeff Barnhill, City Planner Ryan Doremus of Thunderbowl Architects presented. He explained the request of replacing an existing window well with a new stairwell. He went through the history of the property and provided a list of names who have submitted letters of support. Rob Gile spoke and said he was best man at Ryan Doremus’ parents’ wedding. He thanked council for taking the time to serve our community. He said he and his son Bridger skied today and he is a member of team AVSC. He’s trying to find a creative housing solution for Bridger now that’s he’s 23. This has been our family’s home for over 50 years and said he has the support of his neighbors and they have submitted several public comment letters of support. Mr. Barnhill presented and showed the location. He reviewed the request and requirements. Variances would normally go to the board of adjustment, but because of height, it was pushed to council. He showed the existing setback compared to the request and ran through the standards applicable to variances. He said staff does not support the proposed variance. It isn’t causing the applicant a hardship, but mere inconvenience. The stairwell is not required by building code for egress. There is still 1575 square feet on site available without the variance. If council finds a hardship on the property, please motion to approve Resolution #038. Council asked various questions and then Mayor Torre opened the public hearing. Mayor Torre closed the public hearing. 177 5 REGULAR MEETING ASPEN CITY COUNCIL MARCH 14TH, 2023 Councilor Mesirow said he appreciates them coming in and the family history and intention behind it. There is a site constraint with a hardship. He doesn’t see a negative effect to the community. He thinks this is a technicality in the code and he’s comfortable with approving. Councilor Doyle said he is in support of this moving forward. His decision is really based on what he knows about the neighborhood and it’s extremely funky over there. With the support of all the neighbors especially, he doesn’t see it impeding the neighborhood. Mayor Torre agreed. He supports staff and their findings, but he agrees with council. He does feel there is a hardship on this lot. City Attorney, James R. True, asked Mr. Barnhill to go back to the section of the code regarding standards applicable to variances and asked that council include this in a motion. Councilor Mesirowmotioned to approve Resolution #038 with the clauses that the city attorney mentioned; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Councilor Doyle said this is also his first time going against staff’s recommendation. Councilor Doyle motioned to adjourn; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. ___________________________ Nicole Henning, City Clerk 178 ORDINANCE NO. 08 SERIES OF 2023 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTERS 2.12, 14.20, AND 15.04 OF THE CITY OF ASPEN MUNICIPAL CODE TO ADOPT AMENDED RULES, REGULATIONS AND FEES APPLICABLE TO PARK RENTAL PERMITS AND SPECIAL EVENT PERMITS AND AUTHORIZING STAFF TO ESTABLISH POLICIES FOR PARK RENTALS AND SPECIAL EVENTS. WHEREAS, the City Council recognizes that parks, open spaces, and public rights-of- way have long been regarded as a particular kind of community area that are available, at least to some extent and on a reasonable basis, for groups of citizens to use for activities, expression of ideas, and social events; and WHEREAS, the City Council desires to continue to provide opportunities for citizens and visitors of Aspen to rent parks for personal uses, including small rentals such as a birthday party or a family gathering; and WHEREAS, the City Council also desires to provide opportunities for commercial use of parks for activities, including but not limited to, fitness and yoga classes, catered picnics, and personal training; and WHEREAS, Chapter 14.20 of the City of Aspen Municipal Code (“Code”) currently provides provisions for the issuance of special event permits and park use permits, but experience has demonstrated that these provisions do not adequately balance the need for public enjoyment of the City’s parks and open spaces, and the desires of citizens to use the City’s parks, open spaces, and public rights-of-way for a variety of uses, including private and commercial uses; and WHEREAS, experience has demonstrated that there is a need to further clarify the distinction between those uses that constitute a park rental and those uses that constitute a special event, and establish regulations and procedures for park rentals, special events, and commercial uses in parks and public spaces that recognize the unique needs and impacts associated with the various uses and size of events; and WHEREAS, the City Council recognizes that large private rentals and commercial uses in the City’s parks have increased, and although these uses may not qualify as a special event, they have temporary impacts upon the quiet enjoyment of the public to its parks and open spaces that are significant and in some instances similar to a special event and therefore should be subject to comparable rules and regulations; and WHEREAS, there is a need to establish fair and equitable rules and regulations to ensure the City’s parks and open spaces are protected from the impacts from larger private events and commercial uses, and that park rentals for these types of larger private events and commercial uses are adequately managed through rules, regulations, and policies; and 179 2 WHEREAS, special events provide an important amenity to the community and boost the vitality of Aspen; and WHEREAS, City Council supports the existing schedule of special events, and is desirous of offering partnership to existing long-term community events so that their success and presence in Aspen continues; and WHEREAS, policies for park rental and special event permits that may be amended from time to time are necessary for staff to adequately manage park rental and special event permits and make certain that the intent of the Chapter 14.20 is enforceable; and WHEREAS, the proposed amendments to Chapter 2.12 of the Code adjust the fees associated with park rentals and special event permits to reflect the cost to the City and resources needed to process, manage, and enforce park permits and Special Event permits; and WHEREAS, Section 15.04.180of the Code prohibits the consumption of alcohol on public property and it is necessary to amend this section to reflect that alcohol may be consumed in public parks or on public property when authorized pursuant to a special events permit or park rental; and, WHEREAS, the City Council has determined that the health, safety, and general welfare of the citizens, residents, and visitors of Aspen will be served by this Ordinance, which will provide the necessary updates to the Code so that Aspen parks and public spaces are adequately managed and ensure that Special Events, park rentals, and other programmed uses are limited and allow spaces for public health and wellbeing, quiet contemplation, and connection to nature. NOW, THEREFORE, BE IT ORDAINED BY THE CITYCOUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Chapter 14.20 of the City of Aspen Municipal Code shall be repealed and replaced in its entirety and replaced as follows: Chapter 14.20. PARK RENTAL AND SPECIAL EVENT PERMITS Sec. 14.20.010. Definitions. For purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases used herein are defined as follows: Applicant shall mean the person, group organization or entity that applies for a permit and the permittee whose name shall appear on the permit issued pursuant to this Chapter. 180 3 Application fee shall mean the fee that is collected at the time of application for park rental or special event. Athletic field shall mean a park that is designated suitable for athletic and sporting uses. City Manager shall mean the City Manager of the City or the person designated by the City Manager to perform the duties of the City Manager set forth at Sections 14.20.040 and 14.20.050 below of this Chapter. Commercial shall mean any use of a park that results in, or is intended to, make a profit or where the exchange of money occurs. Activities include but are not limited to fitness classes, personal training, catered picnics, or outdoor markets. Expressive activity shall mean a parade, assembly, meeting or similar gathering conducted for the purpose of exercising free speech activity protected by either the First Amendment to the United States Constitution or Article II, Section 10 of the Colorado Constitution. Non-commercial informal gatherings shall mean any congregation less than the current Park Rental Policy occupancy threshold that wish to occupy a location without the need for exclusive use or prior reservation. Examples include but are not limited to small youth birthday parties, small memorials, and picnics. Park shall be defined within this Chapter as any public park, trail, open space, or the pedestrian mall owned and/or maintained by the City of Aspen. Park Rental shall be any organized gathering consistent with Park Rental Policy occupancy limits that utilizes a park space for athletics, fitness, educational offering, picnics, parties, small gatherings, or other activities. Park Rental permit shall be the authorization to hold a gathering within a portion of a park for an organized event consistent with the current Park Rental Policy. Park Rental Policy shall be a supplemental document to the Municipal code, adopted periodically by Resolution, that defines what parks are available for various uses, and quantifies any limits in frequency or other considerations that limit appropriateness of activities with parks. Special event shall mean an organized activity or parade that occurs upon public property and is open to the public, for entertainment, commercial or social purposes. When determining whether an event requires a special event permit, the following factors may be considered: (a) The expenditure of City resources is contemplated or is deemed necessary by City personnel to maintain public health, safety and welfare during the event; 181 4 (b) The event will be conducted on land requiring a temporary land use approval pursuant to Section 26.450.040 of the Code; or (c) The event is expected to have a visual, noise or other environmental impact upon the immediate vicinity or surrounding area of the event. (d) The event requests the use of tents greater than 400 sq. ft, or whatever current applicable building code defines as size limitation Special Event Permit shall mean a permit issued by the City to hold a Special Event. Permit Coordinator shall mean the City Manager or the person designated by the City Manager to perform the duties of the Permit Coordinator as outlined in this Chapter. Sec. 14.20.020. Special event permit. Application for a special event permit shall be made on a form prepared and made available by the Permit Coordinator. The application shall be made with the Permit Coordinator in accordance with the current City of Aspen Special Event Policy, as amended from time to time. Applications for a special event permit must be submitted in accordance with the current Special Event Policy. Sec. 14.20.030. Review by Permit Coordinator. The Permit Coordinator shall review applications for park rental or special event permit and take any of the following actions: (a) Approve the application and issue a park rental or special event permit. (b) Deem the application incomplete and provide a written explanation to the applicant explaining why the application is incomplete. (c) Request additional information from the applicant, suggest amendments to the application, or direct applicant to submit a special event permit application. (d) Upon review of a special event application, the Permit Coordinator will determine whether the applicant will need to apply for and obtain any of the following additional approvals, licenses or permits: (1) Special events liquor license from City of Aspen Clerk pursuant to Colo. Rev. Stat. section 44-3-101,et seq. (2) Vending agreement from City Council pursuant to Section 15.04.350 of this Code; (3) Permit to occupy a city right-of-way from the City Engineer pursuant to Section 21.04.050 of this Code; 182 5 (4) Temporary land use approval from City of Aspen Community Development Department pursuant to Section 26.450.040 of this Code; (5) Amplified music, loudspeaker or other noise variance from the City of Aspen Environmental Health Department pursuant to Title 18 of this Code; (6) Right-of-way construction permit from the City Engineer pursuant to Section 21.04.060 of this Code; (7) Sign permit from the City of Aspen Community Development Department pursuant to Section 26.510.050 of this Code; (8) License or lease to occupy City-owned property or facility from the City; (9) Trash accumulation permit from the City Manager pursuant to Title 26 of this Code; and (10) Business license from the Finance Department pursuant to Section 14.08.010, et seq., of this Code. (e) Determine whether the applicant's special event constitutes expressive activity within the meaning of this Chapter. If the applicant asserts that the proposed event constitutes expressive activity within the meaning of this Chapter, the Permit Coordinator shall not make a negative determination in this respect without first conferring with the City Attorney. (f) Refer the application to other relevant City departments and citizen advisory boards to solicit their comments and suggestions for conditions of approval. (g) Determine whether the special event requires City Council approval prior to the issuance of a permit. In making this determination, the following criteria shall be considered by the Permit Coordinator: (1) Whether the applicant will need to obtain City Council approval for another permit or license related to the special event. (2) Whether the special event has been approved by the City Council in the past. (3) The recommendations of the City Manager or City staff as to whether City Council approval is necessary, such as the authorization of financial contributions or certain fee waivers to the event organizer. (h) Assist the applicant in determining what City-owned equipment (event flooring, parking signs, etc..) and/or City services (law enforcement officers, clean-up crews, etc.) shall be required as a condition of approval to maintain public order and protect the public health, safety and welfare. If additional City services are required, fees may be imposed in addition to the permit fee, in order to reimburse the City for the costs of additional services and equipment. (i)Impose such conditions as deemed necessary to protect the integrity of the site and the surrounding uses and structures in the neighborhood in which the special event is 183 6 to take place and to minimize or mitigate any impacts the special event may have upon the health, safety and welfare of the citizens and guests of the City. This may include, but is not limited to, setting requirements for or imposing restrictions upon, size, bulk, location, open space, buffering, screening, noise, signage, parking, traffic control, security, clean up, maintenance, operations, hours of operation, set-backs, building materials and requiring such financial security such as bonds as deemed necessary to ensure compliance with any or all conditions of approval and/or to restore the site of the special event to its original use or condition. (j)Deny the permit application if the proposed permit does not comply with this Code or City policy. In determining whether to require financial responsibility guarantees or insurance policies, the Permit Coordinator shall consider the nature of the proposed use of public property and the adaptability of the same to the proposed use, the number of persons expected to use the public property, the past experience of the City and other governmental subdivisions with similar special events and the effect such event would likely have on the neighborhood surrounding the subject property. Sec. 14.20.040. Park Rental permit. (a) Application for a permit authorizing a person, group or organization exclusive use of all or a portion of a City-owned park or facility, for a limited period of time, shall be made on a form prepared and made available by the Permit Coordinator and submitted prior to the scheduled use of the park or facility. The City Parks and Open Space department or the Permit Coordinator may require additional information from the applicant which is reasonably necessary to a fair determination as to whether a permit should be issued. (b) If the proposed use of the park does not comply with rules and regulations for park use promulgated by the current Park Rental Policy, the Permit Coordinator may present alternative locations, uses or conditions. (c) The City Manager may require the applicant to execute a license or lease agreement, approved as to form by the City Attorney, to occupy the park or portion or facility thereto. (d) The Parks and Open Space Department shall adopt and post on the City of Aspen website the City’s Park Rental Policy that includes, but is not limited to, a list of City parks available for park rental permits, uses authorized in each park, allowances for how often each park may be used pursuant to a permit, and any other necessary rules and regulations for park rental permits. 184 7 Sec. 14.20.050. Expressive activity. Whenever an applicant for a permit pursuant to this Chapter asserts that the proposed event constitutes expressive activity within the meaning of this Chapter and the Permit Coordinator so determines, the following procedures shall apply: (a) Notwithstanding any provision of this Code to the contrary, the Permit Coordinator shall not impose additional conditions upon the issuance of a special event or park use permit not required by the City Manager. (b) Notwithstanding Sections 14.20.030 and 14.20.040 to the contrary, an application for a park use permit shall be made no less than four (4) days prior to the date of the expressive activity. (c) Notwithstanding Subsections 14.20.030 and 14.20.030 to the contrary, the resubmittal of an application incorporating suggested changes by the City Manager shall be submitted no less than two (2) days prior to the date of the proposed expressive activity. (d) Notwithstanding any provision of this Code to the contrary or suggested condition imposed by the Permit Coordinator or any other agent of the City, the applicant shall not be required to procure or maintain insurance, post a bond or pay any fee or charge which is not nominal and intended solely to recover the costs of processing applications for permits or licenses. Nothing in this Subsection is intended to relieve the applicant from paying all bills and charges for the use of City equipment or services requested by the applicant, to make repairs or to reimburse for damages incurred or caused by the applicant or other responsible person while engaged in the permitted activity. Sec. 14.20.060. Fees. Prior to the issuance of a park rental or special event permit pursuant to this Chapter, the applicant shall pay the permit processing fee set forth in Title 2 and, in addition to any other applicable fees as defined in Sec 2.12.080 pursuant to the proposed park rental or special event. Sec. 14.20.070. Waiver of fees. The fees and charges imposed by this Chapter shall not be waived except as provided herein. Application for the waiver of all or a portion of the fees and charges imposed by this Chapter shall be made on a form prepared and made available by the Permit Coordinator and submitted to the City Manager or their designated representative no less than three (3) days 185 8 after the filing of the permit application. The City Manager may waive all or a part of the fees and charges as they in their discretion, deem to be in the best interests of the City. The City Manager may take into consideration whether the applicant is a nonprofit organization, the extent and nature of the applicant’s financial resources, the revenues expected to be raised by the special event and any other information deemed relevant by the City Manager. All waivers shall be made in writing. Sec. 14.20.080. Indemnification. Whenever required as a condition to the issuance of a permit pursuant to this Chapter, the applicant shall execute a written agreement to indemnify and hold harmless the City, its officers and employees, from any loss, liability, damage or cost sustained by any person or property, to the extent any such loss, liability, damage or cost rises from any activity associated with the special event or use of City-owned equipment, supplies or property. Sec. 14.20.090. Insurance. Whenever required as a condition to the issuance of a permit pursuant to this Chapter, the applicant shall 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 applicant. Such coverages shall be procured and maintained with forms and insurers acceptable to the City. Public liability insurance coverage shall, at a minimum, be in amounts equal to the monetary limits of liability set forth in the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101 et seq., as from time to time amended. The policy shall be endorsed to include the City and its officers and employees as additional insureds and shall provide primary insurance. The applicant shall present a certificate of insurance to the Permit Coordinator completed by the applicant’s insurance agent as evidence that the policy or policies provide the required coverages, and that conditions and minimum limits are in full force and effect prior to the date of the event. The certificate shall identify the special event and shall provide that the coverages afforded under the policy or policies shall not be canceled, terminated or materially changed until at least thirty (30) days’ prior written notice has been given to the City. Failure to procure or maintain an insurance policy or policies providing the required coverages, conditions and minimum limits shall constitute sufficient grounds for immediate revocation of a permit issued pursuant to this Chapter. Sec. 14.20.110. Bonds. Whenever required as a condition to the issuance of a permit pursuant to this Chapter, the applicant shall provide the City with a guarantee to ensure financial responsibility for the payment of all bills, repairs, damages and otherwise ensure performance of all conditions of approval. The guarantee shall be in the form of a cash escrow with the City or a bank or savings and loans association or an irrevocable sight draft or letter of credit from a financially responsible lender and shall give the City the unconditional right upon demand to withdraw 186 9 funds to pay any outstanding bills, including obligations to the City, make repairs, reimburse for damages incurred and perform all conditions of approval. Sec. 14.20.120. Term of permit. A permit issued pursuant to this Chapter shall remain in effect only during the time stated in the permit and shall not be transferable to any other entity without the prior written consent of the City. Sec. 14.20.130. Adoption of Park and Special Event Policy. Pursuant to the powers and authority conferred by the Charter of the City, there is hereby adopted and incorporated herein by reference as if fully set forth the procedures and policies contained in the Special Event Policy and Parks Rental Policy, as may be amended from time to time by City Council Resolution. At least one (1) copy of the Special Event Policy and Park Rental Policy shall be available for public inspection at the Parks Department, and on the City of Aspen’s website. Sec. 14.20.140. Appeals. Any person not satisfied with the action taken by a person designated by the City Manager to perform the duties of the City Manager set forth in this Chapter above, by the Permit Coordinator or any other City staff person with regard to an application pursuant to this Chapter shall have the right to take successive appeals, first to the City Manager and then to the City Council. An appeal to the City Manager shall be taken by filing with the City Clerk a signed statement that the applicant desires to appeal to the City Manager, along with a copy of the application and the written denial or the permit objected to. An appeal of a decision by the City Manager to the City Council shall be taken by filing with the City Clerk copies of the application, denial or permit and the written decision issued by the City Manager, along with a signed statement that the applicant desires to appeal to the City Council. Each appeal shall be filed within two (2) days, exclusive of Saturdays, Sundays and legal holidays, of the decision appealed from. A hearing shall precede a decision by either the City Manager or City Council and advance notice of the hearing shall be provided to the applicant and the City official whose decision is being appealed as soon as is practicable. The right to appeal an adverse decision by the City Manager to City Council shall be contingent upon City Council’s regular meeting schedule. If City Council does not meet prior to the time of the scheduled special event, the City Manager’s decision shall be final. Section 2. Section 2.12.080 of the City of Aspen Municipal Code shall be repealed and replaced in its entirety and replaced as follows: 187 10 Sec. 2.12.080. Parks Department fees. Parks Use and Special Event Fees Administration Fee One-time Park Rental $22.00 Reoccurring Park Rental $90.00 Special Event Permit $180.00 Business License Up to 7 days $50.00 Park Rental Fee Base rate (hourly)$32.00 Athletic Field Prep (per athletic season)$100.00 Add-on fee: Additional requested athletic paint or prep fee (per day)$45.00 Add-on fee: Commercial fee (per day, less than 5 total participants $10.00 Add-on fee: Commercial fee (per day, 5 or more total participants)$35.00 Special Event Fees (per day) Daily Rate (per park, per day)$768.00 Skate Park Commercial Fee (per day)$50 Commercial Rafting Put-in Fee (per season)$300 Day camp Pick-up Drop-off Fee (per year) – not to exceed 1.5 hours of park use/day $300 Paragliding Fees Landing zone fee (per year)$50.00 Paragliding Commercial Landing Fee (per paid client)$2.00 Flags and Banners Flags on Main Street (per flag)$18.00 Banners on Main Street/Banner $18.00 Mall Space Leasing Price per Square Foot (per month)$4.43 Filming (per day) 3—10 People $155.00 11—30 People: Still $255.00 11—30 People: Video $360.00 31—49 People: Still $360.00 31—49 People: Video $460.00 50 and Over People $870.00 Tree Fees 188 11 Removal Permit $82.00 Removal Permit – Development $220.00 Mitigation Fee $46.00 Development Fees Encroachments – Minor Review $75.00 Encroachments – Major Review $150.00 Rights-of-Way – Minor Review $75.00 Rights-of-Way – Major Review $150.00 Landscaping and Grading Permit $74.00 Landscape/Resource Review (per sq. ft.) $0.06 Section 3. Section 15.04.180 of the City of Aspen Municipal Code shall be repealed and replaced in its entirety and replaced as follows: Sec. 15.04.180. Drinking liquor or possession of open container on public property prohibited. (a) It shall be unlawful for any person to drink any fermented malt beverages, malt, vinous or spirituous liquors upon any street, alley, sidewalk or other public property in the City unless authorized explicitly within a special event permit or park rental permit. (b) It shall be unlawful for any person to possess or to have in his or her control on any street, alley, sidewalk or other public property in the City, any malt beverages, malt, vinous or spirituous liquors in any containers of any kind which are not sealed or upon which the seal is broken. Included in the word ''seal'' shall be any regular seal applied by the U.S. Government over the cap of all malt, vinous or spirituous liquors. Section 4: Any scrivener’s errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 5: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or 189 12 amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this Ordinanceis for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED AND READ,as provided by law, by the City Council of the City of Aspen on the 11th day of April 2023. ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY,adopted, passed and approved this 25th day of April, 2023. ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor APPROVED AS TO FORM: _____________________________ James R. True, City Attorney 190 Parks and Open Space Park Rental Policy Version: April 3, 2023 191 Park Rental Policy | 2 Table of Contents 2023 Park Use Policy .....................................................................................................................................3 Park Rental:...............................................................................................................................................3 Rental Hours..............................................................................................................................................3 Amplified Sound or Music.........................................................................................................................3 Food and Waste ........................................................................................................................................3 Holiday Rentals .........................................................................................................................................3 Non-exclusive Use .....................................................................................................................................4 Commercial Rental:...................................................................................................................................4 Athletic Uses:............................................................................................................................................4 Tents..........................................................................................................................................................5 Wedding Ceremonies and Receptions ......................................................................................................5 Fitness Equipment limitations ..................................................................................................................5 Other facility rentals .....................................................................................................................................5 Stein Park Commercial Rafting..................................................................................................................5 Day Care Use .............................................................................................................................................5 Summer Day Camps ..................................................................................................................................5 Skate Park Commercial Use ......................................................................................................................6 192 Park Rental Policy | 3 2023 Park Use Policy Park Rental: A Park Rental is defined as any organized gathering of more than 25 people and less than 125 people that utilizes a park space for athletics, fitness, educational offering, picnics, parties, small gatherings, or other activities. Not all public parks are available for Park Rental Permits, and the table in Appendix A defines those parks and the availability of these public spaces for certain uses. A Park Rental is limited to the following conditions: 1.Duration must be less than 4 hours 2.Limited infrastructure*only items such as mats typically used by for fitness or yoga 3.May not exceed 125 people 4.Park Rentals will not be issued or booked greater than one year in advance of the rental. Rental Hours Rentals may not exceed 4 hours, including any required set-up or teardown of tents, tables, athletic equipment, etc. Rentals limited to the time between dawn and dusk. Amplified Sound or Music Amplified music shall be limited to small portable Bluetooth speakers. Please be respectful of other park users, and limit volume to a minimum. Food and Waste We welcome food being brought into our parks for park rentals. Please do not bring your own grill, or other cooking devices into the park. Small amounts of waste generated during a park rental may be deposited in park trash cans. If you find that the park trash can is full from your rental’s waste, please be prepared to haul your own trash away from the park. Do not overfill trash cans or leave waste outside of the bear-proof trash cans. Please plan ahead and limit bringing anything into the park that generates unnecessary waste during the rental. Commercial rentals shall be responsible for all waste removal. Holiday Rentals Park rentals may be limited during the Memorial Day, Labor Day, and 4th of July holidays. 193 Park Rental Policy | 4 Non-exclusive Use Except for athletic park rentals, a Park Rental permit is a non-exclusive use of the City’s parks. This means that other people may also be in the park during a park rental. Please be respectful of other users, Commercial Rental: Commercial shall mean any use of a park that results in, or is intended to, make a profit or where the exchange of money occurs. Fitness and yoga classes, catered picnics, or guided nature activities are examples of commercial rentals in parks. These rentals must follow the four rental conditions, and must also: 1.Have a valid City of Aspen business license 2.Possess insurance listing the City of Aspen as secondarily insured 3.Pay the application fee (one-time or reoccurring) 4.Pay the base park rental hourly rate plus daily commercial fee Athletic Uses: The City of Aspen maintains six parks that are used for athletics. Rentals of athletic fields for athletics are managed by the Recreation department, and due to high demand, a tiered system is employed to prioritize and balance demand: Tier 1-City of Aspen Programming Tier 2-Aspen School District -In accordance with an agreement between the City and the Aspen School District, the Aspen School District has second priority on field usage. Tier 3-Club User Groups/Other -Criteria used by the City of Aspen Parks and Recreation Department to determine allocation of field reservations are as follows: Which sport is “In-Season” Resident (81611) organizations will take priority. Higher participation counts in the activity are a factor. Economic impact to the City of Aspen. Rental history and past compliance with Parks and Recreation requirements. Park Rentals Permits for Athletics are billed by the hour in addition to the Athletic Field Prep fee of $100. Parks and Recreation staff will line the field and prepare the field at the start of the season. For each additional lining of the field, a $45 fee will be applied to offset the staff time and material cost for this service. 194 Park Rental Policy | 5 Athletic use requests must be made seasonally (spring, summer, fall). The application for athletic uses is made according to this schedule: Season Submission Deadline Field Schedules Set Spring January 31 February 13 Summer April 15 May 1 Fall July 15 August 1 Tents A park use permit allows a maximum of four 10’x10’ pop-up style tents (or two 10’x20’) and must be anchored by weights for wind protection;no staking of tents allowed. Wedding Ceremonies and Receptions The City of Aspen does not offer a dedicated wedding venue and all requests for wedding ceremonies or receptions are considered alongside all other park rental requests, and should be consistent with the Park Rental Permit requirements (booked 90 days in advance, up to 125 people, etc.). Fitness Equipment limitations Park Rental Permits allow the use of fitness equipment such as mats or light weights (less than 5 pounds). Other facility rentals Stein Park Commercial Rafting Commercial rafting operators shall acquire an annual permit for the use of Stein Park as a put-in to the Roaring Fork River. Please contact the permit coordinator for the application and further regulations related to the use of Stein Park. Day Care Use The City of Aspen Park system may be used for incidental and irregular use by day care operators within the community. Regular use of park spaces for day care activities, including the use of parks as a drop- off and pick-up location may be subject to a park rental permit. Summer Day Camps Summer Day Camp usage is generally a supported use of City Parks. Demand is high for the use of these park spaces for summer camps, and in order to maintain and balance the various organizations, please contact the permit coordinator to discuss requested park usage, frequency, and locations. Day camps may be eligible for a partial fee waiver. Day camps may not bring activities into the park that generate foam, large buckets of bubbles, confetti, or any other kind of micro-trash or liquid waste that must be dumped. Park benches and picnic tables may not be used for arts and crafts. 195 Park Rental Policy | 6 Skate Park Commercial Use The use of the Aspen Skate Park at Rio Grande is subject to a daily commercial usage fee. Additionally, the operator of any summer camps, skate lessons, or similar commercial activities shall provide the City with a certificate of insurance listing the City as additionally insured. Please contact our permit coordinator for more information and to begin the permit process. 196 Park Rental Policy | 7 Appendix A –Park Rental Cumulative Hourly Target Park Name Acceptable Uses Cumulative Weekly Maximum* (hours) Cumulative Monthly Maximum (hours) Ajax Park Park Use 4 8 Galena Plaza Parks Use Limited to City, County, and Library rental Herron Park Park Use 12 24 Iselin Field Athletic Use 56 224 John Denver Sanctuary Park Use 4 8 Koch Park Park, Athletic 8 16 Mollie Gibson Park Park Use 8 32 Paepcke Park Park Use 8 32 Newbury Park Park Use 4 8 Rotary Field Athletic Use 24 96 Rio Grande Park Park, Athletic 24 96 Tot Lot Park Park Use 4 12 Triangle Park Park Use 4 12 Upper and Lower Moore Fields Athletic Use 24 96 Yellow Brick Park Park Use 8 32 Wagner Park Athletic Use 4 16 *The above cumulative hourly targets are intended to guide the proper amount of weekly and monthly Park Use permits, however these may also be used to help determine the feasibility or suitability of proposed special event applications. It is at the Director of Parks and Recreation discretion to exceed these state targets. 197 Special Event Policy DRAFT Policy Version: February 21, 2023 198 Special Event Policy | 2 Table of Contents Special Event Policy.......................................................................................................................................3 Definition ..................................................................................................................................................3 Special Events Open to the Public ............................................................................................................3 Special Event Calendar and Long-term Historical Events .........................................................................3 Application Requirements ............................................................................................................................3 Experience.................................................................................................................................................3 Event Finance ............................................................................................................................................3 Planning Resources ...................................................................................................................................3 Other Application Details ..........................................................................................................................3 A Special Event is an active process ..........................................................................................................4 Partnerships ..............................................................................................................................................4 Sponsorship and Underwriting .................................................................................................................4 Event Classifications..................................................................................................................................5 Level One Event (must check all criteria)..............................................................................................5 Level Two Event (any one of these criteria)..........................................................................................5 Application Deadlines ...............................................................................................................................5 Review by Special Event Committee.........................................................................................................5 Compliance ...............................................................................................................................................5 Application Fees ........................................................................................................................................5 199 Special Event Policy | 3 Special Event Policy Definition A Special Event is defined is an organized activity that occurs upon public property, for entertainment, commercial or social purposes (see Sec. 14.20.010 for detailed definition). Special Events Open to the Public The City requires a special event to be open to the public. A special event may be a ticketed event, but shall not limit or exclude members of the community from participation or attendance. The City of Aspen will not accept applications for private events. Special Event Calendar and Long-term Historical Events The City of Aspen has an established calendar of long-standing events, which occupy many prime weekends during the calendar year. Limited opportunities for additional events exist, and the City values applications for new events that are free and open to the public or invigorate economic vitality,or bring cultural, educational and entertainment opportunities to the community. The Special Events Department has the discretion to deny an application for any event that is not in the best interest of the City of Aspen. The City prefers that special events use local suppliers to the extent reasonable. Application Requirements Experience New special event applicants must demonstrate capacity and experience to carry out the proposed event. The City may ask for examples and/or solicit references regarding previous events that the applicant has hosted of similar nature. Event Finance The City may require special event applicants to demonstrate they have the financial resources necessary to carry out their event successfully. This may include requiring a bond if there is risk of potential damages to City infrastructure related to the event. Planning Resources The City requires that upon initial submittal, applicant must provide a comprehensive plan that includes appropriate steps to mitigate any potential harm, impacts on essential public services and liability associated with their event. Other Application Details Details to be addressed include but are not limited to: o Provide a comprehensive plan and map of the event. o Provide adequate insurance and bonding for their events. o Provide adequate planning for event logistics,security services, emergency services, transportation services and other services and precautions necessary to support a safe event with minimal negative impacts upon the community. 200 Special Event Policy | 4 A Special Event is an active process The City’s Special Event Permit is an active process between staff and the event organizer, from the concept level, through after-action review following the event. Staff are available to discuss pre- application level questions, however the process formally begins once an application is submitted. Upon receipt of an application, staff will review the application for completeness. Acceptance of the application initiates a multi-departmental, and community stakeholder process that will continue until permit issuance. During this time, the City Special Events Department serves as a liaison between city departments, event producers, and members of the community to ensure that the impacts of the event, and necessary event planning are prepared for accordingly. The Special Event permit will outline any other necessary permits (such as building, fire, liquor, etc.) that will be needed for the event, and the permit will not be issued*until all requirements are met. The permit may require participation in after- action review following the event. *It is at the applicants risk and discretion to advertise and publish the event without an approved permit for the special event. Partnerships A partnership is an event that the City supports and collaborates on their success, and may include partial waiver of fees or calendar prioritization for long-standing events.These events have contributed (or will contribute) to the community and economic vitality for many years and the City values and embraces the continuation of these events. Examples of current partnership events include the Ducky Derby and Food and Wine. Partnerships may have requirements included in the permit that require placement of the City Logo, or other benefits to the City designated within the permit process. New partnerships may be discussed with staff, and a proposal may be taken to the Special Event Committee for recommendation starting in January 2024. The Special Event Committee will have the final determination on which events receive a partnership status. Sponsorship and Underwriting An event that requests direct financial contributions from the City of Aspen shall be determined by the Aspen City Council. An event that seeks this contribution shall first work with City staff on the event application, and City staff will facilitate the request and timing associated with the City Council process. At a minimum, events receiving financial contributions, shall embrace the City of Aspen at a formalized sponsorship level that may include logo placement, commercials, or other means of recognition. 201 Special Event Policy | 5 Event Classifications Special Events are classified generally by their impacts on the community and public resources. Level One Event (must check all criteria) 1.No alcohol sales 2.No street closures 3.Less than 250 people 4.Limited infrastructure 5.Same day duration Level Two Event (any one of these criteria) 1.Sale of Alcohol 2.Street or park closures 3.Greater than one day 4.Significant infrastructure 5.More than 250 people (including staff, vendors and volunteers) Application Deadlines A Level One Event Application (complete application) must be submitted a minimum of 90 days prior to the event. A Level Two Application must be submitted a minimum of 6 months (complete application) prior to the event. Applications submitted with 40% of the application marked as “TBD” or any other terminology that depicts anything other than details will not be considered submitted. Review by Special Event Committee The Special Event Committee during the review process may determine the event is too impactful with infrastructure, street closures, parking and/or general impacts. The Committee may also determine that the event does not fit within the community values and may deny it based solely on that information. During the review of an application, staff maintains the ability to recommend or require the event to make modifications which may include, location, (street or park) dates, impacts, in order to determine which events best meet the public's needs, which parks or streets work best for an event, and how to best protect the sustainability of each park or vitality of the businesses or homes in the area. Compliance When an event violates the terms of their permit, the Special Event Committee and/or Public Safety may enforce any or all of the following depending on the severity of the infraction and frequency of violation. Ticket and fine based on current ordinances Shut down or “end” that part of the event Take any action necessary to ensure public safety Double fees on future applications (City Manager decision) Deny any future application for a period of 3 years (City Manager decision) Application Fees Fees shall be consistent with the Sec. 2.12.080.Parks Department fees of the City Municipal Code. 202 MEMORANDUM TO:Mayor and City Council FROM:Matt Kuhn, Parks and Open Space Director Nancy Lesley, Special Events Director Desiree Whitehead, Recreation Manager THROUGH:Diane Foster, Assistant City Manager Austin Weiss, Parks and Recreation Director MEETING DATE:April 25, 2023 RE:Ordinance #08 – Updates to Park Rental and Special Event Code REQUEST OF COUNCIL: The City of Aspen Parks and Recreation staff are seeking review and approval of Ordinance #08 at Second Reading, which enables certain changes to sections of the Park Rental and Special Event municipal code. SUMMARY / BACKGROUND: The City of Aspen Parks and Special Events teams receive and coordinate a wide range of requests each year. Requests for uses in the parks are extremely varied, and these include birthday parties, weddings, class reunions, company picnics, non-profit fundraisers, and athletic tournaments, to name a few. The current City Municipal Code Chapter 14.20 Special Event Permits provides guidelines on larger events, and this code provides a general set of criteria to define a Special Event and guide the permitting process. The Parks Department Fees (Sec. 2.12.080. - Parks Department fees) also align closely with the Special Event Code. Generally, an event permit is used when: infrastructure needs increase, are commercial in nature, extended facility occupancy, alcohol, food preparation, and/or when there are public safety concerns. Over the last five years, staff have increasingly used the special event permit process to permit weddings, larger picnics, or commercial rentals. While this approach helps manage complexity, a policy gap exists for smaller or private events that still have significant impacts on parks and public spaces, or on adjacent residents and neighbors. This is one of the factors leading staff to consider changes to policy and code. At a work session in August 2022, staff presented a guiding philosophy, as well as sought direction on key topics such as thresholds and commercial use. Subsequently, at a February 27, 2023 work session, staff received general support to bring changes to the municipal code so that new policies could be enacted, and initiating a trial period for the remainder of the year. 203 In Attachment B of this memo, staff have compiled the meeting and follow-up work session memoranda as resources for more in depth reference. DISCUSSION: The proposed revisions to the municipal code contemplated in Ordinance #08 provide certain clarifications and amendments that enable the City to better manage and permit Park Rentals and Special Events. This Ordinance will be complemented by Resolution #055 (to be read on April 25, 2023), which will propose the adoption of the two policies. The Park Rental and Special Event policies are anticipated to be updated periodically, while the portions of municipal code contemplated within Ordinance #08 are crafted with more long-term guidelines and definition in mind. At the February work session, Council also advised that advance reservations of Park Rentals shall be increased from 90 days to one year. These changes have been made in the policy and are not directly memorialized with the code. During first reading, several questions were raised: 1. Is it necessary to have a commercial fee for less than 5 participants? a. This fee provision is proposed by staff to address the common occurrence of personal trainers. We often see regular and reoccurring use of our park space for one on one, or small group yoga, fitness, and pilates. While these smaller groups certainly have a smaller footprint, the fact remains that these are business utilizing public space in a for- profit model. Therefore, for equity between large and small businesses, a tiered rate structure is proposed. b. The Parks and Open Space program has a team of Rangers that are charged with ensuring safety in parks and open space, as well as ensuring that the Municipal Codes related to park usage are followed. These revised codes around Park Rentals ensure that our Rangers and the commercial users of the parks, have clear delineation of when and how public spaces may be used for commercial activities. 2. Has enough outreach occurred to inform those entities impacted by these changes? a. Staff have held an open house, as well as outreach via the City’s community website (Aspen Community Voice), and have spoken to some businesses. We recognize that it is very difficult to reach all impacted parties, so we have adopted a Trial Period approach, and we anticipate making minor revisions, if needed, to the two policies in early 2024. 3. Can the Recreation Department have a larger role in creating the vitality in parks that we want, such as hosting yoga classes? a. The recreation department is consistently adjusting their programs to meet the needs of community. The changes to Park Rental and Special Event code do not preclude the Recreation Department from utilizing parks for their programs, and allowances have been anticipated so that activities such as youth athletics are recognized and promoted in the Park Rental Policy. FINANCIAL/BUDGET IMPACTS: Fees associated with Park Rentals provide a very modest revenue source within the Parks (100) Fund, and account for less than 1% of revenue. The proposed changes in fees aim to simplify the structure and provide greater clarity for the end user. 204 Council advised that a smaller commercial fee be provided for very small commercial uses in parks, such as personal trainers. Staff have split the commercial fee into two categories, with a $10 commercial fee added for less than five participants, and $35 commercial fee for five or greater participants. These commercial fees are in addition to the hourly park rental fee. ENVIRONMENTAL IMPACTS: Park Rentals and Special Events can have both positive and negative impacts to the environment. Special event permits guide event organizers on waste reduction and composting. Staff believe that the new Park Rental policy will reduce staff time, vehicle trips, and irrigation water needed to restore park spaces following large impactful rentals. ALTERNATIVES: Council can direct staff to amend or change elements of the code, or provide additional guidance on the Park Rental and Special Event Policies. ATTACHMENTS: A – Ordinance #08 – Amending Chapters 2.12, 14.20, and 15.04 for Park Rentals and Special Events B - Park Rental Policy C – Special Event Policy CITY MANAGER COMMENTS: 205