HomeMy WebLinkAboutagenda.council.regular.20230808AGENDA
CITY COUNCIL REGULAR
MEETING
August 8, 2023
5:00 PM, City Council Chambers
427 Rio Grande Place, Aspen
I.Call to Order
II.Roll Call
III.Scheduled Public Appearances
III.A Swearing in of New Aspen Police Officer Josh Bennett
IV.Citizens Comments & Petitions
V.Special Orders of the Day
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(Time for any citizen to address Council on issues NOT scheduled for a public hearing.
Please limit your comments to 3 minutes)
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VI.Consent Calendar
VI.A Resolution #084, Series of 2023 - Arts & Culture Fund Asset & Acquisition
Assistance Grant Funding Recommendations
VI.B
Resolution #113, Series of 2023 - Change order Otak: Maroon Creek Multi Use Trail
Phase 2
VI.C Resolution #114, Series of 2023 - Amended and Restated Power Purchase
Agreement between City of Aspen and Tri-County Water Conservancy District
(Ridgeway Project)
VI.D Resolution #118, Series of 2023 - Change Order for 3G Construction for the Water
Place Roof Replacement Project
VI.E Resolution #120, Series of 2023 - Contract with Integrity Plumbing & Heating for the
Replacement of 22 Hot Water Storage Tanks located at Truscott Place Phase I and
II
VII.Notice of Call-Up
VIII.First Reading of Ordinances
a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's
Comments d) Board Reports
(These matters may be adopted together by a single motion)
2023.8.8_Asset_Aquisition Grant Funding Recommendations Memo.pdf
Attachment B_Resolution No. 84_Series of 2023.pdf
Attachment A_2023 Asset & Acquisition Assistance Grant Funding
Recommendations.pdf
113-2023_Change Order #2_Otak_Memo.docx
113-2023_Change Order #2_Otak_Reso.doc
113-2023_Change Order #2_Otak_Signed Documents.pdf
Council Memo - Ridgway ppa 2023.docx
Exhibit A - Resolution 114 Series of 2023.docx
Exhibit B - 2023 Amended and Restated TCWCD-Aspen Power Purchase
Agreement 7.26.23 FINAL.pdf
Exhibit C - MEAN PPA Letter to Purchase and BOD Approvals.pdf
51534_Water_Place_Roof_Replacements_-_Change_Order_#1_3G_Construction_-
_Council_Memo.docx
Resolution.council.118.23.docx
Exhibit A - Resolution #066, 2023 – Contract with 3G Construction.pdf
Exhibit B - 3G Construction Change Order #1 & 2 - 07.25.2023.pdf
CC.Memo.Approving.Reso120.2023(1).docx
Resolution120.2023.Contract.IntegrityPlumbing.doc
Procurement Professional Services Agreement- Final.doc.pdf
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IX.Public Hearings
IX.A Ordinance #10, Series of 2023 - Lumberyard Affordable Housing Project
X.Action Items
XI.Adjournment
Lumberyard Memo_Council_Second Reading_August 8, 2023.pdf
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MEMORANDUM
TO: Mayor and City Council
FROM: John Barker, Strategy & Innovation Deputy Director &
Patrick Quick, Strategy & Innovation Director
THROUGH: Alissa Farrell, Administrative Services Director
CC: Ann Mullins, Grants Steering Committee Chair
MEMO DATE: July 24, 2023
MEETING DATE: August 8, 2023
RE: Resolution No. 084, Series of 2023, approving Asset & Acquisition
Assistance grant funding recommendations
REQUEST OF COUNCIL: Staff is requesting Council consideration and approval of
Resolution No. 084, Series of 2023, concerning the allocation of the Asset & Acquisition
Assistance grant funding recommendations from the grants steering committee.
SUMMARY AND BACKGROUND:
With the goal of promoting innovation and diversification within the city’s grants
programs, Council provided staff with direction during a work session on July 5, 2022 to
pilot several new grants in 2023, including the Asset & Acquisition Assistance grant.
The Asset & Acquisition Assistance grant was designed to supplement eligible arts &
cultural institutions with facility improvements and acquisitions that are important to their
operations but are otherwise challenging to fund. To this end, this pilot grant provides
two paths for support, though each organization is limited to applying for a single option.
Facility improvement grants are intended to assist with needed capital maintenance or
permanent upgrades within existing facilities, while equipment acquisition grants are
intended to assist with the purchase of equipment or assets to increase the
effectiveness of organizational programming or operations.
Funded by the Arts & Culture Real Estate Transfer Tax (RETT), the program budget for
2023 is $250,000. Additional guidelines include: a maximum contribution of $50,000 to
each applicant, a requirement that applicants provide a matching contribution of at least
one-third of the total project cost, and eligibility is limited to arts & cultural organizations
with a physical presence within the Aspen Urban Growth Boundary, per Council
direction.
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2
The grant window opened on May 4, 2023 and closed on June 2, 2023.
DISCUSSION:
The Asset & Acquisition Assistance pilot grant is the first grant launched by the city with
more restrictive eligibility based on location. Other city grants are open to organizations
providing services within the Roaring Fork Valley. As such, there was some uncertainty
regarding program demand. Ultimately, the city was pleased to receive seven
applications, requesting a total of approximately $256,000. Request highlights include
Aspen Historical Society’s application for funding to electrify the Zupancis Barn at
Holden Marolt to transform the space into a publicly accessible gallery and Aspen Film’s
request to build out a mobile recording studio to allow the organization to adapt their
operations to current needs, as well as introduce new youth programming targeted to
young filmmakers.
After an initial staff review, six applications were deemed eligible and passed along to
the review committee for assessment. As this grant is a pilot program, instead of a
volunteer review committee, city staff performed the initial reviews, with representatives
from the grants program along with the capital asset department. Staff reviewed each
application for alignment, community impact, feasibility, and utility, in accordance with
set review criteria. These initial reviews were then passed along to the grants steering
committee, which evaluated the applications and determined award recommendations.
All eligible applications requested support that is alignment with the original vision of the
grant, scored highly among staff reviewers, and received unanimous support for funding
by the grant steering committee. As total eligible requests are within program budget,
staff and the grants steering committee believe that all applications will have a positive
impact in the community.
ALTERNATIVES:
Council may choose to provide staff new direction on how funds should be allocated.
FINANCIAL IMPACTS: There are no new financial impacts associated with approval of
this resolution, as all necessary funding has already been allocated in the 2023 budget
by Council. The total amount recommended for distribution is:
• Funding Source: Arts & Culture Fund
o 2023 Allocated Funding: $250,000
o Recommended Total Award: $241,812
ENVIRONMENTAL IMPACTS: There are no direct environmental impacts associated
with this resolution. However, the overall grants program philosophy, previously adopted
by Council, emphasizes the importance of supporting organizations that protect our
natural environment.
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RECOMMENDATIONS: Staff recommends approval of Resolution No. 084, Series of
2023, finalizing the grant funding recommendations as described in Attachment A.
CITY MANAGER COMMENTS:
ATTACHMENT A – 2023 Asset & Acquisition Assistance Grant Funding
Recommendations
ATTACHMENT B – Resolution No. 084, Series of 2023
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RESOLUTION #084
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE RECOMMENDATIONS OF THE GRANTS
STEERING COMMITTEE TO PROVIDE GRANT SUPPORT TO NON-PROFIT
ORGANIZATIONS SERVING THE ASPEN COMMUNITY
WHEREAS, the Aspen area is fortunate to have many non-profit
organizations that support the community; and
WHEREAS, City Council has established an overall program philosophy for
the grants program, supported by strategic focus areas for each grant program; and
WHEREAS, City Council has established an Asset & Acquisition grant pilot
program; and
WHEREAS, City Council has established a grants steering committee to
support the City’s grants program; and
WHEREAS, the grants steering committee have issued recommendations of
funding for the consideration of City Council
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 funding
recommendations attached hereto.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 8th day of August 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, August 8, 2023.
Nicole Henning, City Clerk
7
Funding Recommendations: Asset & Acquisition Assistance Pilot Grant
Organization Funding Request
Funding
Recommendation
Aspen Art Museum $50,000 $50,000
Aspen Film $33,500 $33,500
Aspen Historical Society $9,000 $9,000
Aspen Music Festival & School $50,000 $50,000
Aspen Public Radio $50,000 $50,000
Theatre Aspen $49,312 $49,312
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MEMORANDUM
TO: Mayor and City Council
FROM: John Spiess, Open Space and Natural Resource Manager
THROUGH:Matt Kuhn, Parks and Open Space Director
MEMO DATE:July 31
st , 2023
MEETING DATE:August 8th, 2023
RE:Resolution #113 Series 2023: Change order Otak: Maroon Creek Multi Use Trail Phase
2
REQUEST OF COUNCIL: The Parks and Open Space Department is seeking Council
approval for a change order to the existing phase 2 contract between the City of Aspen
and Otak for the design of the Maroon Creek Multi-Use Trail.
SUMMARY AND BACKGROUND: Parks and Open Space staff have been working on the
design and permitting for a new multi-use trail that will connect the roundabout with
the Aspen Recreation Center on the north and west side of Maroon Creek Road.
This important new connection will improve the connectivity to the ARC, Aspen
Highlands, and the Maroon Bells, whilst also reducing the complexity of traversing the
community campus and inherently improving the safety of the school campus.
In September of 2022 the City and Otak entered a contract to produce construction
drawings for the Maroon Creek Multi Use Trail. This contract anticipated a traditional
design/bid/build process. In the months that followed the Parks department had
informal conversations with other departments and construction service companies
about the timing for construction of the trail. Considering the demand for construction
services in the Roaring Fork Valley, the Parks department pursued a Construction
Manager/General Contractor (CM/GC) contract for the construction of the Maroon
Creek Trail. The intent of this type of contract is to involve a contractor during the
design phase of the project and to anticipate their involvement in the construction.
For the past 4 months Gould Construction, Otak and the City of Aspen have been
working on the development of drawings and pricing for the Maroon Creek Multi-Use
Trail. This work has moved the design and construction process forward in many
important ways and has led to changes to the design based on pricing and material
availability.
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DISCUSSION:
The addition of a CM/GC to our project team has had many positive impacts to the
design and will ultimately improve the final product which is planned for construction
in the summer of 2024. The new approach has also resulted in additional scope of work
the design team, Otak, including the following:
1.CMGC Coordination: An additional 15 meetings with the project team and
response to the 90% drawing submittal.
2. Utility Potholing Oversight: As part of the design refinement Otak helped to
supervise a utility potholing project that identified potential conflicts with the
future trail.
3. Section B Cross Section Alternatives:Preparation of design alternatives for the
trail segment surrounding the ARC. This portion of the trail is the most complex
as it includes many uses including the roadway, utilities, and existing trails.
4. Segment D Trail Re-Design:Following the completion of the 90% initial
guaranteed maximum price the city asked Otak to redesign 700’ of trail to
eliminate some of the costly construction items determined by Gould including
the railing and thickened concrete edge.
5.Re-Design to Incorporate Redi Rock Retaining Walls: After lengthy discussions
with Gould it was determined that the project should use Redi-Rock precast
structures for the retaining walls because of the difficulty in obtaining boulders
for this project. This change to the project based on contractor input resulted
in changes to the design of the wall profile and proposed grading.
The additional expenses detailed above are the result of a change in the structure of
the design process that was initiated by the city. While not anticipated at the time of
the original contract this process has had a very positive impact on the project design,
construction cost, and construction feasibility.
FINANCIAL IMPACTS: The existing design contract between the City of Aspen and Otak
is $320,250.00. The proposed change order is $43,840.00 which is in addition to change
order #1 ($15,220) that covered changes to lighting scope. The Maroon Creek Multi-Use
Trail is included in the 2023 Parks (100) Fund Capital Project Budget, project 50964
Maroon Creek Road Trail. The total budget for the design and construction of the
project is $4 million. The project budget will be evaluated following the issuance of
the guaranteed maximum price on 9/1/23.
ENVIRONMENTAL IMPACTS: Trails provide important multi-modal transportation
options. This trail is proposed to be constructed with a narrow footprint and will be
built relatively close to the road to reduce impacts to adjacent land and open space.
ALTERNATIVES:City Council can suggest re-negotiating the terms of the change order.
RECOMMENDATIONS:Staff recommend approval of the change order with Gould
Construction for Construction Manager/General Contractor services.
CITY MANAGER COMMENTS:
10
RESOLUTION #113
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CHANGE ORDER BETWEEN THE CITY OF
ASPEN AND OTAK. 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 change order to
the original contract for Maroon Creek Multi Use Trail – Phase 2 between the City
of Aspen and Otak, 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 a change order
to the original contract for Maroon Creek Multi-Use Trail – Phase 2, between the
City of Aspen and Otak, 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 8
th day of August 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, August 8
th , 2023.
Nicole Henning, City Clerk
11
Change Order Form Revision 12/08/2021
Page 1 of 2
Change Order Form
General Information
Vendor Otak
Change Order Number 02
Date of Issuance June 28th, 2023
Project Name Maroon Creek Multi Use Trail
Project Number 2022-300
Project Completion Date Fall 2024
Project Manager John Spiess
COA Account Code 100.572.81200.57210.50964
Project Information
Description Of Service Otak has been producing construction drawings for the Maroon
Creek Multi Use Trail. This work includes the delivery of 30%,
90% and ultimately 100% drawings.
Description Of Change
Order
This change order captures several important changes to the
project that happened after the approval of the Phase 2
contract.
1. CMGC coordination meeting attendance following Gould
construction joining the team
2. Utility Potholing oversight- Potholing was not originally
included in project
3. Segment B and D redesign following initial guaranteed
maximum price. This effort will help to reduce total
project cost
4. Redesign of retaining walls based on material availability.
Contract Information
DocuSign Envelope ID: D6833497-B954-40A4-81ED-1B5D3E51E83FDocuSign Envelope ID: 21802817-7CA3-4E8D-AE50-48D480B385F6
12124
Change Order Form Revision 12/08/2021
Page 2 of 2
Original Contract Amount $ 320, 250.00
Previous Change Order(s) $ 15,220.00
Change Order Amount
(If Over 50k Change Order
To Be Presented To Council
For Approval)
$ 43,840.00
Final Contract Amount
(Including All Change
Orders)
$ 379,310.00
Revised Completion Date Fall 2024
Signature
1. Contractor (Required)
2. Project Manager
(Required)
3. Department Head
(Required)
4. Procurement Officer
(Required)
5. City Attorney (Required
Based On Value Of
Thresholds)
6. City Manager (Required
Based On Value Of
Thresholds)
Original contract, if applicable all other change orders, and vendor quote for requested
change order must be attached to this document.
For additional information: See Procurement Policy “Change Orders And Add Services
Request” (page 30).
DocuSign Envelope ID: D6833497-B954-40A4-81ED-1B5D3E51E83F
7/21/2023 | 2:51:50 PM MDT
DocuSign Envelope ID: 21802817-7CA3-4E8D-AE50-48D480B385F6
7/21/2023 | 3:14:50 PM MDT
7/21/2023 | 2:18:26 PM PDT
7/23/2023 | 8:07:29 AM MDT
13125
371 Centennial Parkway, Suite 210 | Louisville, CO 80027 | Phone 303.444.2073 | otak.com
June 28, 2023
John Spiess
Open Space and Natural Resource Manager
Parks and Open Space
City of Aspen
(via email: john.spiess@aspen.gov)
Re: Amendment #2 – Additional Fee Proposal for CMGC Meetings, Utility Potholing Oversight,
Segment B Cross-Section Alternatives, Segment D Trail Re-Design, Wall Re-Design for Redi-Rock
Walls
Dear John,
Per previous discussions, below is a summary of work completed or scheduled to be completed that was
not included in our original scope of work for the final design of the Maroon Creek Trail Project.
Summary of Work Items and Fees Beyond Original Estimate
CMGC Coordination
Otak originally estimated $2,700 for 6 meetings with the City of Aspen (City) project team and did not
estimate any fee for responding to contractor questions and comments. The Otak team has attended
weekly meetings with City Staff and Construction Manager General Contractor (CMGC) representatives.
The requested amount includes 15 meetings which have already occurred or are already scheduled
between April 4th, 2023 thru August 8th, 2023. This fee also includes time for responding to questions and
comments generated by the CMGC team after the 90% plan submittal.
Otak Requested Fee Adjustment: $ 13,562.00
Utility Potholing Oversight
At the request of the City, Otak provided designer representation for supervision of the utility potholing
operation performed by the CMGC and their subconsultant. Fee includes 3 days of on-site supervision,
documentation time, and necessary travel expenses.
Otak Requested Fee Adjustment: $6,492.00
Segment B Cross-Section Alternatives
Otak provided multiple slope treatment options for the Segment B cross-section including a curbed trail
with slope paving, a cobble stabilized slope, and a thickened edge option. The process included
modeling multiple cross-sections, discussions regarding the alternatives, development of multiple
exhibits.
Otak Requested Fee Adjustment: $5,410.00
Segment D Trail Re-Design
The City has directed Otak to redesign approximately 700’ of trail from a cross-section with a thickened
edge slope treatment on the right side of the trail to a cross-section with a short boulder fill wall slope
treatment. The CMGC proposed unit cost of the thickened edge with railing is such that using a short
boulder wall is likely to bring significant cost savings. Furthermore, the city recognizes that the fill wall
alternative will provide a more natural corridor aesthetic and a more open trail experience. The trail will
be re-designed from a 11.5’ concrete trail to a 10’ wide asphalt trail in line with City standards. It is
DocuSign Envelope ID: 21802817-7CA3-4E8D-AE50-48D480B385F6
14126
Maroon Creek Multi-Use Trail Page 2 of 3
Amendment - Additional Design Services June 28, 2023
371 Centennial Parkway, Suite 210 | Louisville, CO 80027 | Phone 303.444.2073 | otak.com
anticipated the right side of the trail cross section (looking up-station) will consist of a 2’ wide shoulder, 3’
of 3:1 slope, a 2’-4’ retaining wall and a 3:1 (max) slope tying into existing grade. The estimated fee
assumes no significant impacts to utilities or the 90% proposed drainage design as a result of the cross-
section change.
Otak Requested Fee Adjustment: $9,702.00
Re-Design to Incorporate Redi-Rock Retaining Walls
This fee has been included to account for an anticipated direction from the City to change the proposed
retaining walls to Redi-Rock. Otak will not be performing engineering analysis on the Redi-Rock walls,
but will provide the necessary alignment and profile data for the design the wall design to be performed
by a third party. Otak will perform the necessary plan updates and will incorporate any construction
details into the plans as necessary for the construction of the walls.
Otak Requested Fee Adjustment: $5,894.00
Project Management
This fee accounts for time and effort associated with developing the fee amendment and processing the
contract changes.
Otak Requested Fee Adjustment: $2,780.00
Total Requested Design Fee Adjustment = $43,840.00
Summary of Fees Requested for Amendment #2
Otak understands that this request for additional fees puts strain on the project budget, however, we feel
that the overall design fee is reasonable for the actual design performed. Below is a breakdown of our
original design fee estimate and revised fee estimate, each as a percentage of the 90% estimated
construction cost. As a percentage of the estimated construction cost, the revised design fee is in line
with industry standards.
Below is a summary of our overall contract including the original contract amount and Amendments #1
and #2. We respectfully request that the City consider this proposal for additional design services to bring
our total budget in line with the work performed to date and the anticipated remaining work.
Otak Subconsultant Expense Total
1 Project Management 2,780.00$ -$ -$ 2,780.00$
2 CMGC Coordination 13,562.00$ -$ -$ 13,562.00$
3 Utility Potholing Oversight 5,542.00$ -$ 950.00$ 6,492.00$
4 Segment B Cross Section Alternatives 5,410.00$ -$ -$ 5,410.00$
5 Segment D Trail Re-Design 9,702.00$ -$ -$ 9,702.00$
6 Redi-Rock Wall 5,894.00$ -$ -$ 5,894.00$
42,890.00$ -$ 950.00$ 43,840.00$ Total
Task
Amendment #2 Fee Summary
5,557,023.40$ % of Construction
320,250.00$ 6%
379,310.00$ 7%
Fee as a Percentage of Construction Cost
Revised Design Fee
Original Design Fee
90% Construction Cost from CMGC (Excluding Continge ncies)
DocuSign Envelope ID: 21802817-7CA3-4E8D-AE50-48D480B385F6
15127
Maroon Creek Multi-Use Trail Page 3 of 3
Amendment - Additional Design Services June 28, 2023
371 Centennial Parkway, Suite 210 | Louisville, CO 80027 | Phone 303.444.2073 | otak.com
Contract Budget Summary
Otak appreciates the opportunity to continue working on this important multi-use trail project for the City of
Aspen. Should you have any questions about the proposed scope and estimated fee associated with this
contract amendment, please do not hesitate to reach out to me at kevin.dooley@otak.com or at (720)
758-7721.
Respectfully submitted,
Otak, Inc.
Kevin Dooley, PE ENV SP
Project Manager
720.758.7721
Contract Amount
Original Design Fee 320,250.00$
Amendment #1 (Lighting Scope Change)15,220.00$
Amendment #2 (Otak Misc.)43,840.00$
Revised Design Fee 379,310.00$
DocuSign Envelope ID: 21802817-7CA3-4E8D-AE50-48D480B385F6
16128
Maroon Creek Multi-Use Trail - Phase 2
Amendment #2
Project Cost Worksheet
TASK #TASK NAME
Senior Project Manager and Trail DesignCivil Eng IXCivil Eng VIIEngineering Designer IIEngineering Technician IVProject CoordinatorOtak
Subtotal
Otak
Expense Otak Total
Rates: Belonger Dooley Warren Candell Carlson Woods
$ 260 $ 201 $ 163 $ 96 $ 108 $ 122
1.0 Project Management 1 2 10 4
A Scope & Fee Amendment 1 2 10 4 2,780$ -$ 2,780.0$
2.0 CMGC Coordination 12 26 32
A 15 CMGC Meetings (April 4th Thru Aug 8th)12 24 24 11,856$ -$ 11,856.0$
B Responding to CMGC Questions 2 8
1,706$ -$ 1,706.0$
3.0 Utility Potholing Oversight 34
A Potholing Oversight 25 4,075$ -$ 4,075.0$
B Follow up documentation 5 815$ -$ 815.0$
C Travel 4 652$ 950.00$ 1,602.0$
4.0 Segment B Cross Section Alternatives 1 1 23 8 4
A Meetings 1 1 3
950$ -$ 950.0$
A Review Alternatives in C3D Model 12 1,956$ -$ 1,956.0$
B Provide Alternative Typical Sections 8 8 4
2,504$ -$ 2,504.0$
5.0 Segment D Trail Re-Design 2 4 38 16 6
A Updating Model 12 1,956$ -$ 1,956.0$
B Update base files/Plan & Profiles 8 8 4 2,504$ -$ 2,504.0$
C Fill Wall Detail 6 2
1,194$ -$ 1,194.0$
D Review For Utility/Drainage Impacts 2 326$ -$ 326.0$
E Updating Quantities 8 8
2,072$ -$ 2,072.0$
F QC 2 402$ -$ 402.0$
G Meetings 2 2 2
1,248$ -$ 1,248.0$
6.0 Redi-Rock Wall 2 4 22 8 2
A Model Updates 8 1,304$ -$ 1,304$
B Plan & Profile Updates 4 4 1,036$ -$ 1,036$
C Update Quantities 4 4
1,036$ -$ 1,036$
D Incorporate Redi-Rock Details 2 2 542$ -$ 542$
E QC 2 2
728$ -$ 728$
F Meetings 2 2 2 1,248$ -$ 1,248$
17 35 149 32 12 4 249
4,420$ 7,035$ 24,287$ 3,072$ 1,296$ 488$ 42,890$ 950$ 43,840$
PHASE TOTALS
1 Project Management 1 2 10 4 2,780$ -$ 2,780$
2 CMGC Coordination 12 26 32
13,562$ -$ 13,562$
3 Utility Potholing Oversight 34 5,542$ 950$ 6,492$
4 Segment B Cross Section Alternatives 1 1 23 8 4
5,410$ -$ 5,410$
5 Segment D Trail Re-Design 2 4 38 16 6
9,702$ -$ 9,702$
6 Redi-Rock Wall 2 4 22 8 2
5,894$ -$ 5,894$
18 37 159 32 12 4 42,890$ 950$ 43,840$
A Does not include Construction support
B Does not include engineering of Redi-Rock wall.
C Does not include additional utility coordination
Total Hours
Total Amount
ASSUMPTIONS AND EXCLUSIONS
MCT~ Scope Change ~ Fee ~ 2023-06-28 Page 1 of 1 6/28/2023
DocuSign Envelope ID: 21802817-7CA3-4E8D-AE50-48D480B385F6
17129
DocuSign Envelope ID: 6CA98178-EC5C-4AB3-8D6C-A9150E36179DDocuSign Envelope ID: 21802817-7CA3-4E8D-AE50-48D480B385F6
18130
DocuSign Envelope ID: 6CA98178-EC5C-4AB3-8D6C-A9150E36179D
4/3/2023 | 10:53:00 AM MDT
4/3/2023 | 11:31:46 AM MDT
DocuSign Envelope ID: 21802817-7CA3-4E8D-AE50-48D480B385F6
19131
RESOLUTION # 110
Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND OTAK. 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
Maroon Creek Multi Use Trail — Phase 2 between the City of Aspen and OTAK, 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.
the Maroon Creek Multi -Use Trail — Phase 2, between the City of Aspen and
OTAK, 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 27" day of September 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, September 27", 2022.
Nicole Henning, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
A'
SPIN
CITY OF ASPEN
City of Aspen Contract No.:
2022-300
AGREEMENT made this 9th day of September, in the year 2022.
BETWEEN the City:
The City of Aspen
c/o John Spiess
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 618-6935
And the Professional:
Otak
c/o Scott Belonger
371 Centennial Parkway, Suite 210
Louisville, CO 80027
Phone:720 758 7717
For the Following Project:
Maroon Creek Multi Use Trail — Phase 2
Contract Amount:
Total: $320,250
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.
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
The City and Professional agree as set forth below.
City Council Approval:
Date: September 27", 2022
Resolution No.: 2022-110
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I. 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 I_I, 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. Pam. 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.
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
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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 Profcssional, 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
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coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of
any claims -made policy, the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
i) Worker's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of ONE
MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION
DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS
1,000,000.00) disease - each employee. Evidence of qualified self -insured status
may be substituted for the Worker's Compensation requirements of this paragraph.
ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
include coverage for explosion, collapse, and underground hazards. The policy shall
contain a severability of interests provision.
iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and 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
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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.
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 tenninate 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.
0 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. C_ity'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
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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:
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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.
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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 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 Availabilitv. 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.
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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.
21. Successors and Assl Its. 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. 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.
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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 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. In#egration 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 A GQWRADO:
L tt {{- 211=T942B...
Signature]
Sara ott
By:
Name]
Title: City Manager
Date: 9/28/2022 i 10:46:21 AM PDT
Approve as to Form:
FJ L-S
lpnW by:
K 'IZto,
City Attamey
J3QU— „§SIONAL:
SC,OTz Q r DN
03,4583ZGiGFdpB
Signature]
ERSCOTTBELONGBy: _
Name]
Title: senior Project Manager
Date: 9j19/2022 i 12:26:40 PM EDT
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General Conditions and Special Conditions can be found on City
of Aspen Website.
https://www.cityofaspen.com/497/Purchasing
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EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Scope of Work
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Otak
September 15, 2022
Mr. John Spiess
Open Space and Natural Resource Manager
Parks and Open Space
City of Aspen
Re: Maroon Creek Multi -Use Trail
Project Number: 2021-235
Phase 2 (Final Design) — Fee Proposal
Dear John:
As requested, our fee proposal for final design services for the Maroon Creek Multi -Use Trail is attached. Building
off our Phase 1 work, we will provide final construction documents. The attached Phase 1 Conceptual Design will
be used as the basis for this design. The design will be refined based on the newly acquired ground survey provided
by the City of Aspen / Sopris Engineering.
Key aspects of the design include the following:
5000 linear feet of multi -use path design divided into 4 segments
Additional ramp connection to existing trail overpass in Segment 1
Retaining wall (boulder or modular block) and railing design in steep locations in Segments 1 and 2
Concrete barriers in constricted areas beneath existing overpasses in Segments 1 and 3
Driveway and access crossings
Structural modifications to the existing ARC overpass, west approach ramp in Segment 3
Pedestrian access improvements at the ARC maintenance drive intersection
Modifications to the ARC bus stop area
Modifications to the ARC parking lot and crossing of the ARC entrance drive
Drainage improvements to the Moore Drive intersection and associated modifications to Maroon
Creek Road.
The details of our expected scope of work are outlined in the attached fee worksheet. Otak's assumptions
are listed at the bottom of the worksheet. Design submittals will be provided at the 30%, 90% and 100%
construction document levels.
Below is our proposed schedule, based on an assumed start date of October 1, 2022. A more detailed
schedule is included in Attachment C.
Initial Target Schedule
371 Centennial Parkway, Suite 210, Louisville, Colorado 80027 - Phone (503) 287-6825 - otak.com
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We propose to bill this work on an hourly basis for the costs provided herein. Otak will not exceed the
proposed project total or modify our scope without prior approval in writing from the City.
Thank you for the opportunity to submit this proposal. We are pleased to partner with the City of Aspen to
develop this long-awaited project. Please feel free to contact me anytime at (720) 758-7717 or
scott.belonger@otak.com if you have questions or if you need additional information. I would be happy to
discuss this in detail if needed.
Sincerely,
5aw-/A4''y`
Scott Belonger, P.E.
Otak, Inc.
Attachments
Attachment A: Otak Scope of Work and Fee
Attachment B: Phase 1 Conceptual Design
Attachment C: Project Schedule
Attachment D: CTL Proposal
Attachment E: Clanton Proposal
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Fee Schedule
Agreement Professional Services Page 12
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MEMORANDUM
TO:Mayor and City Council
FROM: Phil Overeynder, Special Projects Engineer
Steve Hunter, Utilities Resource Manager
THROUGH:Justin Forman, Utilities Director
Tyler Christoff, Deputy Public Works Director
MEMO DATE:July 31, 2023
MEETING DATE:August 8, 2023
RE:Resolution # 114, Series of 2023—Amended and Restated Power
Purchase Agreement between City of Aspen and Tri-County Water
Conservancy District (Ridgway Project)
REQUEST OF COUNCIL: Staff requests approval of Resolution # 114, Series of 2023, authorizing
an amendment to the 20-year Power Purchase Agreement (PPA) with Tri-County Water
Conservancy District (TCWCD) for power generated at the Ridgway hydroelectric facility located
in Ouray County, Colorado. The amendment pertains to exercising Aspen’s right of first refusal
to purchase energy during the summer months for the remaining ten-year term of the existing
agreement beginning in October 2024.
PREVIOUS COUNCIL ACTION:On August 13, 2012, Aspen entered into a 20-year power
purchase agreement with TCWCD for the winter output from the Ridgway facility. The plant
was constructed and began producing energy in 2014. That existing agreement provides an
option for Aspen to purchase the summer output for the remaining 10-year period beginning in
2024. In 2012, City Council approved certain modifications to Aspen’s “All Requirements”
energy purchase agreements with the Municipal Energy Agency of Nebraska (MEAN) which
allowed Aspen to purchase the winter output from the Ridgway facility.
In a June 13th, 2022 Council work session City staff presented a list of potential projects
intended to enhance Aspen’s existing renewable energy portfolio. Council expressed
unanimous support for further exploration of the options presented by staff. Based on this
direction staff continued a review of options including increasing capacity of existing
hydroelectric facilities, additional hydroelectric purchased power agreements, and local utility
scale solar. From this meeting Staff committed to returning to Council with any contract
obligations, procurement decisions, or general guidance or direction on these projects.
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BACKGROUND: In 2002, as the bonds for the Ruedi plant were being retired, Aspen began
participating in development of a hydroelectric plant at the existing Ridgway Dam and
Reservoir. Together with TCWCD, Aspen funded a feasibility study to develop a project that
would be similar in scale and output with the Ruedi project. Aspen’s goals were to increase
energy production from a new renewable energy source as well as to benefit financially
through long term participation in a low-cost renewable energy source. The Ridgway project
received regulatory approvals and began construction a decade after the initial study. At that
time, Aspen determined that it would only be able to balance energy deliveries to its customers
with the new plant during the period from October through May. The MEAN board was
consulted regarding potential participation in the project by purchasing the summer energy,
MEAN declined to participate financially in 2012 when construction was initiated. The parties
agreed to include a right for Aspen to purchase the summer output beginning in 2024. It was
anticipated that future conditions would allow for other MEAN members to participate in the
project. Aspen believed that growth in energy sales would allow for an increase in the amount
of energy purchased during the second half of the contract period.
DISCUSSION:At the time that it entered the 20-year PPA with TCWCD, Aspen set goals to
achieve delivery of 100% renewable energy to its electric customers. Hydroelectric energy,
including production from the Ridgway agreement, played a major role in reaching this
objective in 2015. The preferred energy mix was adopted to achieve a balance from energy
purchases compared with energy demand as well as to maintain rates that were competitive.
Aspen purposefully chose an energy mix that included 46% from hydroelectric sources, with
the majority of the balance derived from wind energy delivered by MEAN. Balancing the
energy mix in this manner has played an important role in providing system reliability, has
kept Aspen’s energy rates low and allowed Aspen to consistently meet its renewable energy
goals each year since 2015. However, load growth on the Aspen system, together with
changes in water release patterns at existing dams, has reduced the percentage of
hydroelectric energy received by Aspen over the last decade.
Since the original power purchase at Ridgway, MEAN has created new contractual methods
for other members to participate in renewable energy projects and is now able to participate
in the purchase of energy from the Ridgway Project. Beginning in 2023, a “Green Energy”
option allows MEAN members to subscribe to purchase a blend of energy including
hydroelectric, wind, landfill gas and solar energy sources. The MEAN Board of Directors has
approved purchasing approximately 50% of the annual energy output generated at Ridgway
above Aspen’s needs. This arrangement allows Aspen to utilize this cost effective, in-state
energy source while allowing other communities that are part of the MEAN’s joint action
agency to enjoy the benefits of this renewable generation.
FINANCIAL BUDGET IMPACTS:The increase to the City’s expenditure appropriation necessary
to implement this agreement is $227,000; however, this does not reflect the true bottom-line
impact to the City. Ultimately, this agreement will help the City cost avoid roughly $112,000
by not purchasing as much power under the current MEAN agreements, and it will also help
the City avoid expense wheeling charges and other fixed costs under MEAN power purchase.
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$963,000 City's Current Cost for Agreement at Ridgway
$227,000 Cost Increase Included in this Agreement
$1,190,000 Total Proposed Cost of New Agreement
($630,000)Aspen's Cost for Kept Share of Energy Production*
$560,000 Remaining Cost of Energy Available to Sell
($536,000)MEAN's Power Purchase from Aspen
$24,000 Net Additional Cost to City *
* It’s important to note that potential savings associated with Aspen’s wholesale energy were
omitted due to annual demand variability. If energy was bought under current MEAN
agreements, the City would pay ~$742,000, so this agreement would help the City cost avoid
~$112,000. Additionally, the City will save in wheeling charges and other fixed costs tied to
MEAN purchased power as a result. Staff’s financial modeling indicate an immediate and
long-term cost savings from this proposal.
ENVIRONMENTAL IMPACTS: The energy produced at Ridgway results from water releases at an
existing dam that primarily serves agricultural uses downstream. The same release volumes
would occur without the Ridgway project. Aspen’s participation in this project does not create
any changes to the existing operations or release regimes. There is a well-established fishery
downstream of the dam that will continue to be maintained.
ALTERNATIVES:City Council could decide not to exercise the right of first refusal for the
summer Ridgway energy and continue existing purchase arrangements with only the winter
energy at Ridgway and filling in the balance of its energy needs through MEAN.
RECOMMENDED ACTION: Staff recommends that Council move to approve Resolution #114,
Series of 2023.
PROPOSED MOTION:I move to adopt Resolution No.114, Series of 2023.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A: Resolution # 114, Series 2023
Exhibit B: Amended and Restated Power Purchase Agreement between City of Aspen and Tri
County Water Conservancy District
Exhibit C: MEAN PPA Intent to Purchase Letter and January 19, 2023, Minutes Board of
Directors Approval
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RESOLUTION #114
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN AMENDED POWER PURCHASE
AGREEMENT BETWEEN THE CITY OF ASPEN AND TRI-COUNTY
WATER CONSERVANCY DISTRICT (RIDGWAY PROJECT),
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
ON BEHALF OF THE UTILITIES DEPARTMENT OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an amended
and restated power purchase agreement for the purchase of hydroelectric power,
between The Aspen Utilities Department, an enterprise owned and operated by
the City of Aspen and Tri-County Water Conservancy District (TCWCD), a
substantially complete 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 an amended
and restated power purchase agreement for the purchase of hydroelectric power,
between The Aspen Utilities Department, an enterprise owned and operated by the
City of Aspen and TCWCD, a substantially complete copy of which is annexed
hereto and incorporated herein, and does hereby authorize the City Manager to
execute said agreement on behalf of the Utilities Department of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City
of Aspen on the 8th day of August 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 the 8th day of
August 2023.
Nicole Henning, City Clerk
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MEAN Board of Directors Meeting
January 19, 2023
Aspen, Colorado Agreements Regarding Ridgway Hydropower Project: Aspen, Colorado, and Tri-
State are both contracted for the output of the Ridgway Hydropower Generation plant. Tri-State’s contract
ends in September of 2023 and Aspen will have first right of refusal for all generation. MEAN has the
opportunity to contract for any generation that exceeds what Aspen is allowed per their Service Schedule M
agreement. MEAN would be able to obtain ten to twelve thousand MWh/yr for a term of approximately
ten years.
Discussion ensued.
At its January 18, 2023, meeting the Power Supply Committee recommended the MEAN Board of
Directors authorize the Executive Director to negotiate and execute an agreement with the City of Aspen,
Colorado.
Motion: Darrel Wenzel moved to approve the following Resolution. Chris DesPlanques seconded the
motion, which carried on a 26-0-1 roll call vote. (Bill Hinton did not vote) Note: Votes were accepted using
the following available options: on-line remote voting; on-line meeting chat messaging; or by voice vote.
Ayes: Chris Brader, Kirby Bridge, James DePue, Chris DesPlanques, Will Dowis, Edward Dunn,
Nathan Francis, Tom Goulette, Duane Hoffman, Jim Kerr, Todd Kielkopf, Jeff Kohrs, Matt
Langhorst, Andrew Lee, Bob Lockmon, Perry Mader, Brent Nation, Tom Ourada, Mike Palmer,
Doug Parker, Janine Schmidt, Adam Suppes, Jeremy Tarr, Darrel Wenzel, Mark Wickard, and
Dana Youtz.
Nayes: None
Abstain: Tyler Christoff
RESOLUTION
WHEREAS, the Municipal Energy Agency of Nebraska (“MEAN”) desires to purchase renewable
energy and associated capacity from the City of Aspen, Colorado (“Aspen”) to meet MEAN’s 2050 Vision
for carbon neutrality; and
WHEREAS, in order to accommodate such sale to MEAN, Aspen desires to purchase additional
renewable energy and associated capacity from the Ridgway Hydroelectric resource located near Ridgway,
Colorado and owned and operated by Tri-County Water Conservancy District (“Ridgway Hydroelectric
Resource”), a portion of which will be resold by Aspen to MEAN and a portion of which will be utilized by
Aspen to the extent allowed by Aspen’s previously approved contractual arrangements with MEAN.
NOW, THEREFORE, BE IT RESOLVED BY the MEAN Board of Directors that the Executive
Director is hereby authorized to negotiate and execute an agreement for MEAN to purchase from Aspen
available additional capacity and energy from the Ridgway Hydroelectric Resource, to effectuate the
transaction as presented, subject to final legal and management review.
BE IT FURTHER RESOLVED BY the MEAN Board of Directors, that the Executive Director of
MEAN is hereby authorized to do any and all things and to execute and deliver any and all documents
which he deems necessary or advisable in order to consummate the execution and delivery of the
agreement approved by this Resolution. Notwithstanding any provision of this Resolution authorizing the
Executive Director to take any action or execute any document to the contrary, in the absence of the
Executive Director or in lieu of the Executive Director, the person designated in writing by the Executive
Director, may take such action or execute such document with like effect as fully as though named in this
Resolution instead of the Executive Director.
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MEMORANDUM
TO:Mayor Torre and City Council
FROM:Ben Levenson, Project Manager II, Asset Management
THROUGH:Robert Schober, Director, Asset Management
MEMO DATE:July 26th, 2023
MEETING DATE:August 8th, 2023
RE:3G Construction Change Order #1 & 2– Water Place Roof
Replacement, Resolution #118 (Series of 2023)
REQUEST OF COUNCIL:
Staff is requesting City Council approve a resolution to continue work to replace the roof
assemblies and roof ice melt systems of 15 buildings in Water Place. Specifically, staff
requests approval of:
Resolution #118 (Series of 2023), a change order for 3G Construction.
SUMMARY AND BACKGROUND:
The existing asphalt shingle roofs of 15 buildings in Water Place have reached the end
of their usable life. The existing roofs are approximately 25 years old. The existing ice
melt systems are inefficient and underperform. Project scope will include removal and
disposal of the existing roof assemblies, and installation of a new roof assemblies and ice
melt systems.
Units included in scope: 1-17 E Water Pl. (8 buildings), 18-22 W Water Pl. (5 buildings),
480 Doolittle Dr. (1 building), and 455 Doolittle Dr. (1 building)
Resolution #066 (Series of 2023) was approved by Council in May of 2023 for
construction services with 3G Construction to replacing the existing roof assemblies of 15
buildings in Water Place.
At the time of original contract approval, the roof ice melt system design had not been
finalized. Capital Asset staff and 3G Construction have worked with two vendors to
improve the original design and competitively price products from each vendor. A final
roof ice melt design and specification that balances energy efficiency, performance, and
cost has been selected.
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Resolution #118 is for a 9.6% material price escalation for the specified shingle and the
cost of materials and labor related to the finalized roof ice melt system.
DISCUSSION:
3G Construction was selected via a formal RFP procurement process. Staff agrees that
3G Construction is a qualified contractor who will be able to perform the work in a timely
manner and will work around resident’s schedules.
The ice melt system is protected by a 20-year warranty and will prolong the life of the new
roofs at Water Place.
An RFP is currently issued soliciting bids for an electrical contractor to terminate and
provide power to the revised ice melt system. Once a contractor is selected, the contract
is anticipated to be presented to council September 12, 2023.
FINANCIAL IMPACTS:
The project is funded from the 505 Employee Housing Fund. Spending authority for the
Water Place Roof Replacements (Project #51534) equal to $1,112,000 was approved in
2022 and was approved re-appropriation in the Spring Supplemental for 2023.
A summary of the 3G Construction contract should the change order be approved is
shown below:
3G Construction original contract amount:$279,600.00
3G Construction change order #1 and 2 amount: $76,993.13
New contract amount:$356,593.13
ENVIRONMENTAL IMPACTS:
The roof ice melt system will consist of self-regulating heat cable, controlled by
temperature and moisture sensors. This system will be more energy efficient than the
existing system which runs off timers.
ALTERNATIVES:
If the project is not performed the existing roof systems will continue to age, and
inadequate ice melt systems will continue to underperform. This will continue to create
ice dams and water intrusion issues during winter months.
RECOMMENDATIONS:
Staff recommends approval of the 3G Construction change order #1 & 2
CITY MANAGER COMMENTS :
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ATTACHMENTS:
Exhibit A:Resolution #066, 2023 – Contract with 3G Construction
Exhibit B: 3G Construction Change Order #1
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RESOLUTION # 118
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CHANGE ORDER BETWEEN THE CITY OF
ASPEN AND 3G CONSTRUCTION LLC.AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE
CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a change order for
Water Place Roof Replacements, between the City of Aspen and 3G Construction
LLC., 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 change
order for $76,993.13, between the City of Aspen and 3G Construction LLC., a
copy of which is annexed hereto and incorporated herein and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED, READ, AND ADOPTED by the City Council of the City
of Aspen on the 8th day of August 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, August 8th, 2023.
Nicole Henning, City Clerk
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RESOLUTION # 066
Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND 3G CONSTRUCTION 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
Water Place Roof Replacements, between the City of Aspen and 3G Construction
LLC., a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
279,600.00, between the City of Aspen and 3G Construction LLC., a copy of
which is annexed hereto and incorporated herein, and does hereby authorize the
City Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 9th day of May, 2023.
7agE'
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, May 9th, 2023.
Nicole Henni g, City Clerk
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t+l Al
j 1W.
CITY OF ASPEN STANDARD FORM OF AGREEMENT CITY OF ASPEN
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2023-150
AGREEMENT made this 17 day of April, in the year 2023.
BETWEEN the City:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
3G Construction LLC
835 East Platte Avenue
Colorado Springs, Colorado 80903
Phone:714-422-2027
For the Following Project:
Water Place Roof Replacement Project
Contract Amount:
Total: $279,600
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.
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work
Exhibit B: Cost/Schedule
City Council Approval:
Date: 5/9/23
Resolution No.: #066
Agreement Professional Services Page 0
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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
September 301h, 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. Pa ent. 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.
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7. Inde endent 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
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coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims -made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
i) Worker's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self -insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
ii) . Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and 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
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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. Ci '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 AgLeement. 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
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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 A ement 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)(I11) 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 governmcnt 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. "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, Professional certifies and represents that at this time:
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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
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 that 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's violation of Subsection 8-17.5-102, C.R.S.
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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 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 Availabilily. 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.
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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 SigLiatures 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. Attorne '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.
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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 VolugIM 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.
26. 1mecratiori and Modif7cat ian. 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 Agrcement 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.
Agreement
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPPN,,CQL,.ORADO:
icunt, OS{W
Signature]
By:
Diane Foster
Name]
Title: Assistant city Manager
Date: 5/10/2023 1 4:44:16 PM MDT
Approve as to Form:
occuftned by:
City Attorney
PROFESSIONAL:
Signature]
By: Mike Trichak
Name]
Title: owner
Date: 4/18/2023 1 11:53:37 AM PDT
General Conditions and Special Conditions can be found on City
of Aspen Website.
Purchasing I Aspen, CO
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EXHIBIT A: SCOPE OF WORK
Approach to Project
Foreman Parking
I Material Staging
Dumpater (if
naaded)
Portable Restroom
Labor Parking
Scope of Work For Waterplace
All 15 buildings within the scope
of work are asphalt -based
roofing (excluding a small section
of dead valley on one unit), and
will be approached with the same
construction phases as follows:
r: 1. Initial perimeter tarping to
protect personal items and
streamline daily clean up.
3 2. Existing roof tear off and
n
disposal to closely parked
trailer (trailer to be removeda
from property daily to allow
open roads while roofing isn't
in progress).
3. Grace high temp ice and
water dry -in.
4. Preliminary Hot Edge installed
p on designated eaves and
valleys along with starter
rNo' shingles and necessary roof
flashings,jacks, etc.
E 5. Remaining gutter & field
Qshingle install.
Q . 6. Hip and ridge shingles.
a c 7. New vent caps, painting toQ
dmatch, etc.
S.Installation of heat cables in
downspouts/gutters. _1y
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EXHIBIT B. COST/SCHEDULE
7
A
11 , Base Bid Cost: $279,600
518" Damaged Plywood Cost: $129 per 4'x8' Sheet (INSTALLED)
Agreement Professional Services Page 12
88
89
3G Construction & Roofing
835 E. Platte Ave. Suite 1
Colorado Springs, CO 80903
(719) 422-2027
3gconstruction@gmail.com
www.3GRoofs.com
CHANGE ORDER
ADDRESS
City of Aspen
427 Rio Grande Place
Aspen, CO 81611
CHANGE ORDER #E-68671
DATE 07/25/2023
ACTIVITY QTY RATE AMOUNT
Waterplace Roof Replacement Project. 2023 -150
.
CHANGE ORDER #1 SUMMARY
.
Original estimate included roofing materials that
have since increased in price by the
manufacturers and or suppliers due to the roof
industry price increases. I have attached letters
from the manufacturers and suppliers.
Change order to reflect difference between
original estimate and new requested changes per
provided percentage increases as follows:
.
BREAKDOWN
.
Original roof material cost $94723.69
New roof material price $103845.82
$9122.13
1 9,122.13 9,122.13
CHANGE ORDER #2 SUMMARY
.
Original estimate included 10 control modules,
de-icing cable system at all gutters and at roof
locations per original bid documents.
Change order to reflect difference between
original estimate and new requested changes per
red lined plans and provided documents as
follows:
BREAKDOWN
.
1. 10 qty - ( Wi-Fi ) hcm1002 modules CHANGE
to 22 qty. -aseds8c modules and 2 qty. -aseds9c
modules
.
1 67,871.00 67,871.00
90
ACTIVITY QTY RATE AMOUNT
2. 225 ft. of flat metal hot panel CHANGE to 800
ft.
.
3. 1800 ft. of heat cable CHANGE to 5000 ft.
.
4. 175 ft. of hot valley metal CHANGE to 330 ft.
.
5. 44 pieces joint transitions CHANGE to 159
pieces.
.
6. 10 qty. power connection kits CHANGE to 27
qty.
.
7. 10 qty. splice tee kits CHANGE to 27 qty.
8. CHANGE, add necessary hardware to support
new system.
.
Total cost difference from original estimate =
$67,871.00
TOTAL $76,993.13
Accepted By Accepted Date
91
MEMORANDUM
TO:City Council and Mayor Torre
FROM:APCHA Property Management
THROUGH:Matthew Gillen, Executive Director
MEMO DATE:July 31, 2023
MEETING DATE:August 8, 2023
RE:Approval of Resolution No. 120 (Series of 2023),
Approving Contract between City of Aspen and Integrity
Plumbing & Heating for the replacement of 22 Hot Water
Storage Tanks located at Truscott Place Phase I and II
REQUEST OF COUNCIL: To approve Resolution No. 120 (Series of 2023).
SUMMARY AND BACKGROUND: The replacement of the Hot Water Storage Tanks is
an approved capital project to be completed in 2023.
DISCUSSION: There are a total of 22 hot water storage tanks that need to be replaced.
Sixteen of them are located within the Truscott I buildings (400 through 1000), and six are
located within the Truscott II Buildings. The hot water storage tanks have been scheduled
to be replaced for the last couple of years and was approved as a 2023 Capital Project.
The Truscott Phase I buildings contain 58 units and the Truscott Phase II buildings contain
41 units (the 200 and 300 buildings are excluded).
FINANCIAL IMPACTS: The total amount of $240,711.02 is approximately $10,941.41
per tank. By property, this amounts to $175,062.56 for Truscott Phase I and $65,649 for
Truscott Phase II.
A capital project (#50647) was budgeted in Truscott I in 2023 (original adopted
budget plus Spring Supplemental) for the 16 tanks at $142,720. Based on the
quoted work in the contract, this appropriation is $32,323 short of the funds needed
to complete. If Council supports this contract, a technical adjustment of $32,323
will be incorporated into the Fall Supplemental to support this work.
There was no capital project within the Truscott II budget for 2023 for this work.
APCHA just received an updated needs assessment report for all properties and
the hot water storage tanks in Truscott Phase II were noted in disrepair and in need
of replacement. Because of the economies of scale and adjacency of the
92
properties, staff felt that it made sense to do all of the replacements for the hot
water storage tanks at the same time. As such, if Council supports this contract, a
technical adjustment of $65,649 will be incorporated into the Fall Supplemental to
fund this work.
ENVIRONMENTAL IMPACTS: The new tanks should be more energy efficient.
ALTERNATIVES:There are no alternatives.
RECOMMENDATIONS:To approve Resolution No. 120 (Series of 2023).
CITY MANAGER COMMENTS:
93
RESOLUTION NO. 120
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND INTEGRITY PLUMBING & HEATING AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
WHEREAS, there has been submitted to the City Council a contract for
replacement of 22 hot water storage tanks for Truscott Place Phase I and Phase II,
between the City of Aspen and Integrity Plumbing & Heating, 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 replacement of 22 hot water storage tanks for Truscott Place Phase I (16 tanks)
and Truscott Place Phase II (6 tanks), between the City of Aspen and Integrity
Plumbing & Heating 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 8
th day of August 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, August 8, 2023.
Nicole Henning, City Clerk
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Agreement for Procurement and Professional Services Page 0
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SUPPLY PROCUREMENT AND PROFESSIONAL SERVICES
City of Aspen Project No.: 2023-167
AGREEMENT made as of 26th day of July, 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) 920-5055
And the Professional:
Integrity Plumbing & Heating
c/o Kate Leibinger
1676 County Road Unit 02
Carbondale, CO 81623
Phone: (970) 927 -2474
For the Following Project:
22 Hot Water Storage Tanks Replacement Project at Truscott
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:
Resolution No.:
Exhibit A: List of supplies, equipment, or materials to be purchased.
Exhibit B: Scope of Work.
Exhibit C: Hourly Fee Schedule.
Total $240,711.02
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The City and Professional agree as set forth below.
SUPPLY PROCUREMENT
1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or
materials as described in Exhibit A, appended hereto and by this reference incorporated
herein, for the sum of set forth above.
2. Delivery. (18 Truscott Place, CO 81611).
3. Contract Documents. This Agreement shall include all Contract Documents as the same are
listed in the Invitation to Bid or Request for Proposals and said Contract Document are
hereby made a part of this Agreement as if fully set out at length herein.
4. Warranties. All material is guaranteed to be as specified, and the above work is to be
performed in accordance with the drawings and specifications submitted or provided for the
above work and completed in a substantial workmanlike manner. Integrity Plumbing and
Heating Inc. shall correct work not conforming to these requirements up to 12 months after
substantial completion. Materials furnished are to be new and unused. All materials furnished
or work performed are to be guaranteed free from defects.
5. 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.
PROFESSIONAL SERVICES
6. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit B attached hereto and by this reference incorporated herein.
7. 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 November 30, 2023, with the installation and operation of all the equipment no later than
November 30, 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.
8. 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 C appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
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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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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
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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.
14. 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 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.
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(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 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 by 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 certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty (30) days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against monies due to Professional from City.
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(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
$150,000.00 per person and $600,000 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.
15. 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.
16. 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.
17. 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.
18. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570,
pertaining to non-discrimination in employment.
Any business that enters into a contract for goods or services with the City of Aspen or any of its
boards, agencies, or departments shall:
(a) Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
employment-related decision or benefit on account of actual or perceived race,
color, religion, national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or familial
status.
(b) Not discriminate in the performance of the contract on account of actual or
perceived race, color, religion, national origin, gender, physical or mental
disability, age, military status, sexual orientation, gender identity, gender
expression, or marital or familial status.
(c) Incorporate the foregoing provisions in all subcontracts hereunder.
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19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
20. 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.
21. 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 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.
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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, 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
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 that 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.
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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’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.
22. 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 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.
23. 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
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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.
24. 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.
25. Electronic Signatures and Electronic Records. This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each 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: ____________________________
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President
Danny Mundlein
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Date: ___________________ Date: ___________________
Approved as to form:
_______________________________
City Attorney’s Office
General Conditions and Special Conditions can be found on City of
Aspen Website.
Purchasing | Aspen, CO
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EXHIBIT A
List of supplies, equipment, or materials to be purchased
With attached specification sheets, cut sheets, information, etc.
22 HTP SSU-119N SuperStor Ultra 119 Gallon Residential / Commercial Indirect
Electric Water Heater
Replace 22 indirect 119 gallon water heaters in the 20, 50, 400-1000 buildings. Replace the
water heater expansion tanks in each of the buildings. Replace the water heater zone
valves and mixing valves in each building.
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EXHIBIT B
Scope of Work
Integrity Plumbing and Heating Inc. propose to provide the material and labor for:
Provide 22 high efficiency hot water storage tanks to replace our existing storage tanks.
Replace the water heater expansion tanks in each of the buildings.
Removal and disposal of 22 existing hot water storage tanks
Replace or make corrections to any piping and/or plumbing as necessary to ensure
efficient operation.
Replace the water heater zone valves and mixing valves in each building.
Tanks to be replaced at Truscott:
20 building – 3 tanks
50 building – 3 tanks
400 building – 2 tanks
500 building – 2 tanks
600 building – 3 tanks
700 building – 2 tanks
800 building – 2 tanks
900 building – 3 tanks
1000 building – 2 tanks
Exclusions:
o Framing or demolition to framing o Line voltage electrical prior to disconnect
o Concrete cutting/core drilling and
removal of spoils
o Painting
o Excavation/Trenching o Concrete/housekeeping pads
o Drywall repair o Fire protection systems
o Roofing or roofing repair o Gas line from meter to mechanical room
o Fresh air into the mechanical room o Purge boiler system of old fluid
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EXHIBIT C
For the proposed sum of:
$240,711.02
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MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Kevin Rayes, Principal Planner
THRU: Amy Simon, Planning Director
RE: 2nd Reading | Ordinance #10 | Lumberyard Affordable Housing Project
Major Public Project | Amendments to Official Zone District Map | Planned
Development (Project Review & Detailed Review) | Major Subdivision |
Transportation & Parking | Growth Management Quota System
MEETING DATE: August 8, 2023; Continued from June 6 and June 13, 2023
Applicant:
City of Aspen, c/o Sara Ott, City Manager
Representative:
Chris Everson, City of Aspen Capital Asset
Department
Location:
Aspen Mini Storage Facility, Aspen Lumberyard
and Burlingame Triangle Parcel Lot 1D
Current Zoning:
The Mini Storage Facility and Aspen Lumberyard
properties are located within the
Service/Commercial/Industrial (SCI) zone district
and contain a Planned Development (PD)
overlay. The Burlingame Triangle Parcel Lot 1D
is located in the Rural Residential (RR) and
Conservation (C) zone districts.
Summary:
The Applicant requests amendments to the
official zone district map, Planned Development
Review (Project Review & Detailed Review),
Major Subdivision, Transportation & Parking
Review, Growth Management Review to develop
affordable housing and multiple infrastructure
improvements, including a neighborhood street
network, drainage facilities, common area open
space, and landscaping. As a one hundred
percent affordable housing project owned and
developed by the City, the application was
submitted as a Major Public Project to provide a
more flexible and coordinated review process.
On May 23rd, Council approved Ordinance No.
10, Series of 2023 at First Reading to set a public
hearing date for June 6th.
Update from Previous Hearings:
After reviewing the proposed project at a duly
noticed public hearing on June 6th and June
13th, Council held a work session on August
24th to further refine the project. Council
directed the Applicant team to make certain
project modifications and asked staff to
revise the ordinance to maximize design
flexibility.
Staff recommends that Council continue the
hearing scheduled for August 8th to
September 12th to provide the Applicant team
and staff sufficient time to respond to
Councils direction.
Staff Recommendation:
Staff recommends that Council continue the
public hearing to September 12th.
109
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SUPPLY PROCUREMENT AND PROFESSIONAL SERVICES
City of Aspen Project No.: 2023-167
AGREEMENT made as of 26th day of July, 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) 920-5055
And the Professional:
Integrity Plumbing & Heating
c/o Kate Leibinger
1676 County Road Unit 02
Carbondale, CO 81623
Phone: (970) 927 -2474
For the Following Project:
22 Hot Water Storage Tanks Replacement Project at Truscott
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:
Resolution No.:
Exhibit A: List of supplies, equipment, or materials to be purchased.
Exhibit B: Scope of Work.
Exhibit C: Hourly Fee Schedule.
Total $240,711.02
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The City and Professional agree as set forth below.
SUPPLY PROCUREMENT
1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or
materials as described in Exhibit A, appended hereto and by this reference incorporated
herein, for the sum of set forth above.
2. Delivery. (18 Truscott Place, CO 81611).
3. Contract Documents. This Agreement shall include all Contract Documents as the same are
listed in the Invitation to Bid or Request for Proposals and said Contract Document are
hereby made a part of this Agreement as if fully set out at length herein.
4. Warranties. All material is guaranteed to be as specified, and the above work is to be
performed in accordance with the drawings and specifications submitted or provided for the
above work and completed in a substantial workmanlike manner. Integrity Plumbing and
Heating Inc. shall correct work not conforming to these requirements up to 12 months after
substantial completion. Materials furnished are to be new and unused. All materials furnished
or work performed are to be guaranteed free from defects.
5. 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.
PROFESSIONAL SERVICES
6. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit B attached hereto and by this reference incorporated herein.
7. 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 November 30, 2023, with the installation and operation of all the equipment no later than
November 30, 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.
8. 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 C appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
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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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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
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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.
14. 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 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.
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(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 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 by 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 certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty (30) days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against monies due to Professional from City.
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(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
$150,000.00 per person and $600,000 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.
15. 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.
16. 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.
17. 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.
18. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570,
pertaining to non-discrimination in employment.
Any business that enters into a contract for goods or services with the City of Aspen or any of its
boards, agencies, or departments shall:
(a) Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
employment-related decision or benefit on account of actual or perceived race,
color, religion, national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or familial
status.
(b) Not discriminate in the performance of the contract on account of actual or
perceived race, color, religion, national origin, gender, physical or mental
disability, age, military status, sexual orientation, gender identity, gender
expression, or marital or familial status.
(c) Incorporate the foregoing provisions in all subcontracts hereunder.
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19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
20. 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.
21. 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 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.
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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, 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
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 that 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.
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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’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.
22. 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 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.
23. 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
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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.
24. 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.
25. Electronic Signatures and Electronic Records. This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each 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: ____________________________
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President
Danny Mundlein
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Date: ___________________ Date: ___________________
Approved as to form:
_______________________________
City Attorney’s Office
General Conditions and Special Conditions can be found on City of
Aspen Website.
Purchasing | Aspen, CO
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Agreement for Procurement and Professional Services Page 11
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EXHIBIT A
List of supplies, equipment, or materials to be purchased
With attached specification sheets, cut sheets, information, etc.
22 HTP SSU-119N SuperStor Ultra 119 Gallon Residential / Commercial Indirect
Electric Water Heater
Replace 22 indirect 119 gallon water heaters in the 20, 50, 400-1000 buildings. Replace the
water heater expansion tanks in each of the buildings. Replace the water heater zone
valves and mixing valves in each building.
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Agreement for Procurement and Professional Services Page 12
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EXHIBIT B
Scope of Work
Integrity Plumbing and Heating Inc. propose to provide the material and labor for:
Provide 22 high efficiency hot water storage tanks to replace our existing storage tanks.
Replace the water heater expansion tanks in each of the buildings.
Removal and disposal of 22 existing hot water storage tanks
Replace or make corrections to any piping and/or plumbing as necessary to ensure
efficient operation.
Replace the water heater zone valves and mixing valves in each building.
Tanks to be replaced at Truscott:
20 building – 3 tanks
50 building – 3 tanks
400 building – 2 tanks
500 building – 2 tanks
600 building – 3 tanks
700 building – 2 tanks
800 building – 2 tanks
900 building – 3 tanks
1000 building – 2 tanks
Exclusions:
o Framing or demolition to framing o Line voltage electrical prior to disconnect
o Concrete cutting/core drilling and
removal of spoils
o Painting
o Excavation/Trenching o Concrete/housekeeping pads
o Drywall repair o Fire protection systems
o Roofing or roofing repair o Gas line from meter to mechanical room
o Fresh air into the mechanical room o Purge boiler system of old fluid
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EXHIBIT C
For the proposed sum of:
$240,711.02
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Change Order Form Revision 12/08/2021
Page 1 of 2
Change Order Form
General Information
Vendor Otak
Change Order Number 02
Date of Issuance June 28th, 2023
Project Name Maroon Creek Multi Use Trail
Project Number 2022-300
Project Completion Date Fall 2024
Project Manager John Spiess
COA Account Code 100.572.81200.57210.50964
Project Information
Description Of Service Otak has been producing construction drawings for the Maroon
Creek Multi Use Trail. This work includes the delivery of 30%,
90% and ultimately 100% drawings.
Description Of Change
Order
This change order captures several important changes to the
project that happened after the approval of the Phase 2
contract.
1. CMGC coordination meeting attendance following Gould
construction joining the team
2. Utility Potholing oversight- Potholing was not originally
included in project
3. Segment B and D redesign following initial guaranteed
maximum price. This effort will help to reduce total
project cost
4. Redesign of retaining walls based on material availability.
Contract Information
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Change Order Form Revision 12/08/2021
Page 2 of 2
Original Contract Amount $ 320, 250.00
Previous Change Order(s) $ 15,220.00
Change Order Amount
(If Over 50k Change Order
To Be Presented To Council
For Approval)
$ 43,840.00
Final Contract Amount
(Including All Change
Orders)
$ 379,310.00
Revised Completion Date Fall 2024
Signature
1. Contractor (Required)
2. Project Manager
(Required)
3. Department Head
(Required)
4. Procurement Officer
(Required)
5. City Attorney (Required
Based On Value Of
Thresholds)
6. City Manager (Required
Based On Value Of
Thresholds)
Original contract, if applicable all other change orders, and vendor quote for requested
change order must be attached to this document.
For additional information: See Procurement Policy “Change Orders And Add Services
Request” (page 30).
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371 Centennial Parkway, Suite 210 | Louisville, CO 80027 | Phone 303.444.2073 | otak.com
June 28, 2023
John Spiess
Open Space and Natural Resource Manager
Parks and Open Space
City of Aspen
(via email: john.spiess@aspen.gov)
Re: Amendment #2 – Additional Fee Proposal for CMGC Meetings, Utility Potholing Oversight,
Segment B Cross-Section Alternatives, Segment D Trail Re-Design, Wall Re-Design for Redi-Rock
Walls
Dear John,
Per previous discussions, below is a summary of work completed or scheduled to be completed that was
not included in our original scope of work for the final design of the Maroon Creek Trail Project.
Summary of Work Items and Fees Beyond Original Estimate
CMGC Coordination
Otak originally estimated $2,700 for 6 meetings with the City of Aspen (City) project team and did not
estimate any fee for responding to contractor questions and comments. The Otak team has attended
weekly meetings with City Staff and Construction Manager General Contractor (CMGC) representatives.
The requested amount includes 15 meetings which have already occurred or are already scheduled
between April 4th, 2023 thru August 8th, 2023. This fee also includes time for responding to questions and
comments generated by the CMGC team after the 90% plan submittal.
Otak Requested Fee Adjustment: $ 13,562.00
Utility Potholing Oversight
At the request of the City, Otak provided designer representation for supervision of the utility potholing
operation performed by the CMGC and their subconsultant. Fee includes 3 days of on-site supervision,
documentation time, and necessary travel expenses.
Otak Requested Fee Adjustment: $6,492.00
Segment B Cross-Section Alternatives
Otak provided multiple slope treatment options for the Segment B cross-section including a curbed trail
with slope paving, a cobble stabilized slope, and a thickened edge option. The process included
modeling multiple cross-sections, discussions regarding the alternatives, development of multiple
exhibits.
Otak Requested Fee Adjustment: $5,410.00
Segment D Trail Re-Design
The City has directed Otak to redesign approximately 700’ of trail from a cross-section with a thickened
edge slope treatment on the right side of the trail to a cross-section with a short boulder fill wall slope
treatment. The CMGC proposed unit cost of the thickened edge with railing is such that using a short
boulder wall is likely to bring significant cost savings. Furthermore, the city recognizes that the fill wall
alternative will provide a more natural corridor aesthetic and a more open trail experience. The trail will
be re-designed from a 11.5’ concrete trail to a 10’ wide asphalt trail in line with City standards. It is
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Maroon Creek Multi-Use Trail Page 2 of 3
Amendment - Additional Design Services June 28, 2023
371 Centennial Parkway, Suite 210 | Louisville, CO 80027 | Phone 303.444.2073 | otak.com
anticipated the right side of the trail cross section (looking up-station) will consist of a 2’ wide shoulder, 3’
of 3:1 slope, a 2’-4’ retaining wall and a 3:1 (max) slope tying into existing grade. The estimated fee
assumes no significant impacts to utilities or the 90% proposed drainage design as a result of the cross-
section change.
Otak Requested Fee Adjustment: $9,702.00
Re-Design to Incorporate Redi-Rock Retaining Walls
This fee has been included to account for an anticipated direction from the City to change the proposed
retaining walls to Redi-Rock. Otak will not be performing engineering analysis on the Redi-Rock walls,
but will provide the necessary alignment and profile data for the design the wall design to be performed
by a third party. Otak will perform the necessary plan updates and will incorporate any construction
details into the plans as necessary for the construction of the walls.
Otak Requested Fee Adjustment: $5,894.00
Project Management
This fee accounts for time and effort associated with developing the fee amendment and processing the
contract changes.
Otak Requested Fee Adjustment: $2,780.00
Total Requested Design Fee Adjustment = $43,840.00
Summary of Fees Requested for Amendment #2
Otak understands that this request for additional fees puts strain on the project budget, however, we feel
that the overall design fee is reasonable for the actual design performed. Below is a breakdown of our
original design fee estimate and revised fee estimate, each as a percentage of the 90% estimated
construction cost. As a percentage of the estimated construction cost, the revised design fee is in line
with industry standards.
Below is a summary of our overall contract including the original contract amount and Amendments #1
and #2. We respectfully request that the City consider this proposal for additional design services to bring
our total budget in line with the work performed to date and the anticipated remaining work.
Otak Subconsultant Expense Total
1 Project Management 2,780.00$ -$ -$ 2,780.00$
2 CMGC Coordination 13,562.00$ -$ -$ 13,562.00$
3 Utility Potholing Oversight 5,542.00$ -$ 950.00$ 6,492.00$
4 Segment B Cross Section Alternatives 5,410.00$ -$ -$ 5,410.00$
5 Segment D Trail Re-Design 9,702.00$ -$ -$ 9,702.00$
6 Redi-Rock Wall 5,894.00$ -$ -$ 5,894.00$
42,890.00$ -$ 950.00$ 43,840.00$ Total
Task
Amendment #2 Fee Summary
5,557,023.40$ % of Construction
320,250.00$ 6%
379,310.00$ 7%
Fee as a Percentage of Construction Cost
Revised Design Fee
Original Design Fee
90% Construction Cost from CMGC (Excluding Continge ncies)
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Maroon Creek Multi-Use Trail Page 3 of 3
Amendment - Additional Design Services June 28, 2023
371 Centennial Parkway, Suite 210 | Louisville, CO 80027 | Phone 303.444.2073 | otak.com
Contract Budget Summary
Otak appreciates the opportunity to continue working on this important multi-use trail project for the City of
Aspen. Should you have any questions about the proposed scope and estimated fee associated with this
contract amendment, please do not hesitate to reach out to me at kevin.dooley@otak.com or at (720)
758-7721.
Respectfully submitted,
Otak, Inc.
Kevin Dooley, PE ENV SP
Project Manager
720.758.7721
Contract Amount
Original Design Fee 320,250.00$
Amendment #1 (Lighting Scope Change)15,220.00$
Amendment #2 (Otak Misc.)43,840.00$
Revised Design Fee 379,310.00$
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Maroon Creek Multi-Use Trail - Phase 2
Amendment #2
Project Cost Worksheet
TASK #TASK NAME
Senior Project Manager and Trail DesignCivil Eng IXCivil Eng VIIEngineering Designer IIEngineering Technician IVProject CoordinatorOtak
Subtotal
Otak
Expense Otak Total
Rates: Belonger Dooley Warren Candell Carlson Woods
$ 260 $ 201 $ 163 $ 96 $ 108 $ 122
1.0 Project Management 1 2 10 4
A Scope & Fee Amendment 1 2 10 4 2,780$ -$ 2,780.0$
2.0 CMGC Coordination 12 26 32
A 15 CMGC Meetings (April 4th Thru Aug 8th)12 24 24 11,856$ -$ 11,856.0$
B Responding to CMGC Questions 2 8
1,706$ -$ 1,706.0$
3.0 Utility Potholing Oversight 34
A Potholing Oversight 25 4,075$ -$ 4,075.0$
B Follow up documentation 5 815$ -$ 815.0$
C Travel 4 652$ 950.00$ 1,602.0$
4.0 Segment B Cross Section Alternatives 1 1 23 8 4
A Meetings 1 1 3
950$ -$ 950.0$
A Review Alternatives in C3D Model 12 1,956$ -$ 1,956.0$
B Provide Alternative Typical Sections 8 8 4
2,504$ -$ 2,504.0$
5.0 Segment D Trail Re-Design 2 4 38 16 6
A Updating Model 12 1,956$ -$ 1,956.0$
B Update base files/Plan & Profiles 8 8 4 2,504$ -$ 2,504.0$
C Fill Wall Detail 6 2
1,194$ -$ 1,194.0$
D Review For Utility/Drainage Impacts 2 326$ -$ 326.0$
E Updating Quantities 8 8
2,072$ -$ 2,072.0$
F QC 2 402$ -$ 402.0$
G Meetings 2 2 2
1,248$ -$ 1,248.0$
6.0 Redi-Rock Wall 2 4 22 8 2
A Model Updates 8 1,304$ -$ 1,304$
B Plan & Profile Updates 4 4 1,036$ -$ 1,036$
C Update Quantities 4 4
1,036$ -$ 1,036$
D Incorporate Redi-Rock Details 2 2 542$ -$ 542$
E QC 2 2
728$ -$ 728$
F Meetings 2 2 2 1,248$ -$ 1,248$
17 35 149 32 12 4 249
4,420$ 7,035$ 24,287$ 3,072$ 1,296$ 488$ 42,890$ 950$ 43,840$
PHASE TOTALS
1 Project Management 1 2 10 4 2,780$ -$ 2,780$
2 CMGC Coordination 12 26 32
13,562$ -$ 13,562$
3 Utility Potholing Oversight 34 5,542$ 950$ 6,492$
4 Segment B Cross Section Alternatives 1 1 23 8 4
5,410$ -$ 5,410$
5 Segment D Trail Re-Design 2 4 38 16 6
9,702$ -$ 9,702$
6 Redi-Rock Wall 2 4 22 8 2
5,894$ -$ 5,894$
18 37 159 32 12 4 42,890$ 950$ 43,840$
A Does not include Construction support
B Does not include engineering of Redi-Rock wall.
C Does not include additional utility coordination
Total Hours
Total Amount
ASSUMPTIONS AND EXCLUSIONS
MCT~ Scope Change ~ Fee ~ 2023-06-28 Page 1 of 1 6/28/2023
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RESOLUTION # 110
Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND OTAK. 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
Maroon Creek Multi Use Trail — Phase 2 between the City of Aspen and OTAK, 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.
the Maroon Creek Multi -Use Trail — Phase 2, between the City of Aspen and
OTAK, 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 27" day of September 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, September 27", 2022.
Nicole Henning, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
A'
SPIN
CITY OF ASPEN
City of Aspen Contract No.:
2022-300
AGREEMENT made this 9th day of September, in the year 2022.
BETWEEN the City:
The City of Aspen
c/o John Spiess
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 618-6935
And the Professional:
Otak
c/o Scott Belonger
371 Centennial Parkway, Suite 210
Louisville, CO 80027
Phone:720 758 7717
For the Following Project:
Maroon Creek Multi Use Trail — Phase 2
Contract Amount:
Total: $320,250
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.
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
The City and Professional agree as set forth below.
City Council Approval:
Date: September 27", 2022
Resolution No.: 2022-110
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I. 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 I_I, 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. Pam. 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.
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
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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 Profcssional, 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
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coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of
any claims -made policy, the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
i) Worker's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of ONE
MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION
DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS
1,000,000.00) disease - each employee. Evidence of qualified self -insured status
may be substituted for the Worker's Compensation requirements of this paragraph.
ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
include coverage for explosion, collapse, and underground hazards. The policy shall
contain a severability of interests provision.
iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and 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
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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.
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 tenninate 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.
0 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. C_ity'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
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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:
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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.
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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 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 Availabilitv. 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.
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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.
21. Successors and Assl Its. 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. 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.
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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 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. In#egration 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 A GQWRADO:
L tt {{- 211=T942B...
Signature]
Sara ott
By:
Name]
Title: City Manager
Date: 9/28/2022 i 10:46:21 AM PDT
Approve as to Form:
FJ L-S
lpnW by:
K 'IZto,
City Attamey
J3QU— „§SIONAL:
SC,OTz Q r DN
03,4583ZGiGFdpB
Signature]
ERSCOTTBELONGBy: _
Name]
Title: senior Project Manager
Date: 9j19/2022 i 12:26:40 PM EDT
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General Conditions and Special Conditions can be found on City
of Aspen Website.
https://www.cityofaspen.com/497/Purchasing
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EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Scope of Work
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Otak
September 15, 2022
Mr. John Spiess
Open Space and Natural Resource Manager
Parks and Open Space
City of Aspen
Re: Maroon Creek Multi -Use Trail
Project Number: 2021-235
Phase 2 (Final Design) — Fee Proposal
Dear John:
As requested, our fee proposal for final design services for the Maroon Creek Multi -Use Trail is attached. Building
off our Phase 1 work, we will provide final construction documents. The attached Phase 1 Conceptual Design will
be used as the basis for this design. The design will be refined based on the newly acquired ground survey provided
by the City of Aspen / Sopris Engineering.
Key aspects of the design include the following:
5000 linear feet of multi -use path design divided into 4 segments
Additional ramp connection to existing trail overpass in Segment 1
Retaining wall (boulder or modular block) and railing design in steep locations in Segments 1 and 2
Concrete barriers in constricted areas beneath existing overpasses in Segments 1 and 3
Driveway and access crossings
Structural modifications to the existing ARC overpass, west approach ramp in Segment 3
Pedestrian access improvements at the ARC maintenance drive intersection
Modifications to the ARC bus stop area
Modifications to the ARC parking lot and crossing of the ARC entrance drive
Drainage improvements to the Moore Drive intersection and associated modifications to Maroon
Creek Road.
The details of our expected scope of work are outlined in the attached fee worksheet. Otak's assumptions
are listed at the bottom of the worksheet. Design submittals will be provided at the 30%, 90% and 100%
construction document levels.
Below is our proposed schedule, based on an assumed start date of October 1, 2022. A more detailed
schedule is included in Attachment C.
Initial Target Schedule
371 Centennial Parkway, Suite 210, Louisville, Colorado 80027 - Phone (503) 287-6825 - otak.com
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Otak
Mj3
We propose to bill this work on an hourly basis for the costs provided herein. Otak will not exceed the
proposed project total or modify our scope without prior approval in writing from the City.
Thank you for the opportunity to submit this proposal. We are pleased to partner with the City of Aspen to
develop this long-awaited project. Please feel free to contact me anytime at (720) 758-7717 or
scott.belonger@otak.com if you have questions or if you need additional information. I would be happy to
discuss this in detail if needed.
Sincerely,
5aw-/A4''y`
Scott Belonger, P.E.
Otak, Inc.
Attachments
Attachment A: Otak Scope of Work and Fee
Attachment B: Phase 1 Conceptual Design
Attachment C: Project Schedule
Attachment D: CTL Proposal
Attachment E: Clanton Proposal
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