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Home My WebLink Aboutagenda.council.regular.20190211 CITY COUNCIL AGENDA February 11, 2019 5:00 PM I. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #5, Series of 2019 - purchase of two Go-4 Interceptor IV three- wheeled enforcement vehicles. b) Resolutions #15, 16, 17, and 18, Series of 2019 - City Offices contracts c) Resolution #20 and #21, Series of 2019 - Three-Phase Transformer Procurement and On-Call Services d) Resolution #24, Series of 2019 - Authorizing Pete Strecker, Finance Director, to execute transactions e) Minutes - January 28 and February 4, 2019 VII. Notice of Call-Up a) Notice of APCHA Resolution #5, Series of 2018 - Adopting Amendments to the Aspen/Pitkin Employee Housing Guidelines Creating a Hearing Officer Position and Adopting a Schedule of Fines VIII. First Reading of Ordinances IX. Public Hearings a) Ordinance #1, Series of 2019 - Small Lodge Preservation Program Extension X. Action Items a) Resolution #22, Series of 2019 - Appeal of Linear Lighting Interpretation XI. Executive Session a) C.R.S. 24-6-402 (a) the purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest, (b) conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions and (e) determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. P1 XII. Adjournment Next Regular Meeting February 25, 2019 COUNCIL’S ADOPTED GUIDELINES · Make Decisions Based on 30 Year Vision · Tone and Tenor Matter · Remember Where We’re Living and Why We’re Here COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. P2 MEMORANDUM TO: Mayor and City Council FROM: Mitch Osur, Director of Parking and Downtown Services THRU: Scott Miller, Director of Public Works DATE OF MEMO: January 3, 2019 MEETING DATE: February 11, 2019 RE: Resolution #5, Series of 2019 - Contract approval for the purchase of two (2) Go-4 Interceptor IV three-wheeled enforcement vehicles REQUEST OF COUNCIL: Staff requests City Council approval of Resolution #5 Series of 2019, authorizing a contract for the purchase of two (2) new Go-4 Interceptor IV Three Wheel Enforcement Vehicles. PREVIOUS COUNCIL ACTION: We are on a five year replacement cycle on the Go- 4’s. We have been using these vehicles for more efficient enforcement for 15 years. This will be our 4th cycle of purchasing these vehicles. BACKGROUND: We have been using Go-4 Interceptor three -wheeled vehicles for many years equipped with License Plate Recognition (LPR) systems to enforce in the Residential Zones. These vehicles are used Monday through Friday 52 weeks a year. DISCUSSION: By using Go-4’s for enforcement it has allowed the City of Aspen Parking Services Department to be more efficient in managing the residential zones. This system has allowed us to use more virtual permits that is better for the environment and helps eliminate fraud. The Parking Services Department also uses the Go-4’s for enforcing the maximum of four (4) hours parking in the Downtown core. The plan is to have the daily carpool permits go virtual by June of 2019. FINANCIAL/BUDGET IMPACTS: The Parking Services Department has $70,000 in the 2019 capital budget for replacement of two Go-4 Interceptor enforcement vehicles. Cost of the new Equipment is $66,660 Price Each Total P3 VI.a Go-4 Interceptor IV Three-Wheeled Vehicle $27,000.00 $54,000.00 Vehicle Accessories $4,930.00 $9,860.00 FOB, Aspen Destination $1,400.00 $2,800.00 Total $33,330.00 $66,660.00 ENVIRONMENTAL IMPACTS: The Go-4’s are a very fuel- efficient vehicle. These vehicles get over 45 miles per gallon RECOMMENDED ACTION: Staff recommends City Council approval of the purchase of two (2) Go-4 vehicles for enforcement ALTERNATIVES: City Council could decide not to approve this agreement and we could use our old Go-4’s or enforce the residential zones on foot. PROPOSED MOTION: I move to approve Resolution #5, Series of 2019, a contract to purchase two (2) Go-4 Interceptor three-wheeled vehicles for enforcement. CITY MANAGER COMMENTS: _________________________________ _______________________________________________________________ _______________________________________________________________ ATTACHMENTS: Signed Supply Procurement Agreement Resolution #5 of 2019 P4 VI.a RESOLUTION #5 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND WHITE BEAR WEST INC AUTHORIZING THE CITY MANAGER TO EXCUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN COLORADO. WHERAS, there has been submitted to the City Council a contract for purchase of two (2) Go-4 Interceptor IV Three Wheeled Vehicles between the City of Aspen and White Bear West Inc, a true and accurate copy of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. That the City Council of the City of Aspen hereby approves the Contract for two (2) Go-4 Interceptor three-wheeled vehicles between the City of Aspen and White Bear West Inc. a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of February 2019. _________________________ Steve Skadron, Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held February 11, 2019 ___________________________ Linda Manning, City Clerk P5 VI.a CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2019-51025. AGREEMENT made as of 11th day of February, in the year 2019. BETWEEN the City: Contract Amount: The City of Aspen c/o Parking 130 South Galena Street Aspen, Colorado 81611 Phone: (970) 920-5055 And the Vendor: White Bear West Inc. c/o 6627 S. 191st Place Building F-101 Kent, WA 98032 Summary Description of Items to be Purchased: Two (2) new GO-4 Interceptor IV three-wheel vehicles 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. Total: $66,660.00 P6 VI.a The City and Vendor agree as set forth below. 1.Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2.Delivery. (FOB 427 Rio Grande Place, Aspen, CO 81611) [Delivery Address] 3.Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4.Warranties. Manufacturer’s warranty applies. 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 Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6.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 Vendor 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 Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8.Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9.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. 10.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. P7 VI.a 11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Vendor 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 Vendor 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. 12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (A) Vendor 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 Vendor for the purpose of securing business. (B) Vendor 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) Vendor 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 vendor, 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 Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. 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. P8 VI.a 14.Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City using 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. 15.City Council Approval. 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. 16.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 under this Agreement. Vendor agrees to meet all of the requirements of City’s municipal code, section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and federal laws respecting discrimination and unfair employment practices. 17.Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor 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. 18.Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor 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. 19.Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. P9 VI.a P10 VI.a IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: Attest: By: __ _________________________ ______________________________ Aspen City Manager Linda Manning, City Clerk _______________________________ Date SUPPLIER: WHITE BEAR WEST INC. B y:________________________________ ___________________________________ Title ___________________________________ Date P11 VI.a Exhibit A Supply Procurement Agreement � s ��,�,,� CITY OF ASPEN PROJECT NO.: 2019-51025 BID PROPOSAL FORM BID DATE: 2:00pm, February l, 2019 PROJECT: GO-4 lnterceptor Three-Wheeler Vehicles PROPOSAL SUBMITTED BY: __ W _h_i_· t_e_B_e_a_r_W--:-e-,-s_t_I_n_c_. __________ _ BlOO.E:R BIDDER'S BID PROPOSAL TO: The Governing Rody of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, vvithout collusion or connection with any other person or persons biddi11g for the same item, and that it is made in pursuance of and subject to all the terms and conclitions of the advertisement for bid, the invitation to bid and re q uest for bid, all the requirements of the bid documents including the specifications for this bid, all of which have been read and exam1ned prior to signature. The bidder agrees to keep this bid open for � (60)consecutive calendar davs from the date of bid opening. The City of As pen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to wruve any informalities or to re ject any or all bids. By signing this document, Bidder certifies and represents that at this time: (i )Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii)Professional has participated or attempted to participate in tbe Basic Pilot Program in order to verify that it does not employ illegal aliens. I hereby acknowledge receipt of ADDENDUM(s) numbered _____ through ____ _ BP1-971.doc •sp1 f;,1 &ntiactor's Initials P12 VI.a P13 VI.a P14 VI.a TO: Mayor and City Council FROM: Robert Schober THROUGH: Scott Miller DATE OF MEMO: February 1 MEETING DATE: February 11, 2019 RE: Resolutions #15, 16, 17 and 18, Series of 2019 Contracts Consent Calendar REQUEST OF COUNCIL: contract change orders related to the design and construction of Grande Place. PREVIOUS COUNCIL ACTION: December 10, 2018 – Council adopted Resolution 149 (Series 2018) authorizing reimbursement up to $28,732,000 in project costs that may be incurred prior to formally securing financing for municipal offices. November 13, 2018 – Council approved the 2019 forward with construction of a city office solution. most costly option for city offices (Option A proposed to align to the funding needs of the voter selected option B. November 6, 2018 – The City voters approved proceeding with construction of the city offices at the Galena/Rio Grande site. City of Aspen Ballot Question 2D Option A 43.21% Option B 56.79% September 2018 – City Council approved ballot language for the voters to decide whether city offices would be built on the Galena/ April 3, 2017 – City Council gave land use approval for the approved project includes reconfiguration of three (3) parcels to create two (2) new parcels, renovate the Rio Grande Building, demolish the existing office structure and construct a new office building. Minor design changes as a result of refinement meet Building or Engineering code requirements may be approved as part of the building permit review. Minor changes to material and fenestration arrangements may be approved as part of the building permit review. Constructio commenced by two local citizens regarding land use issues and a proposed referendum on the project. Page 1 of 4 MEMORANDUM Mayor and City Council Robert Schober, Project Manager Scott Miller, Public Works Director February 1, 2019 February 11, 2019 Resolutions #15, 16, 17 and 18, Series of 2019 - City Offices Contracts Consent Calendar Staff requests City Council approval for four related to the design and construction of city offices PREVIOUS COUNCIL ACTION: Council adopted Resolution 149 (Series 2018) authorizing reimbursement up to $28,732,000 in project costs that may be incurred prior to formally securing financing for Council approved the 2019 Adopted Budget which includ city office solution. The budget assumptions were based upon costly option for city offices (Option A). Therefore, a future a budget amendment will be g needs of the voter selected option B. The City voters approved proceeding with construction of the city offices at stion 2D City Council approved ballot language for the voters to decide whether city Galena/Rio Grande site or purchase property at 517 E. Hopkins. gave land use approval for the city offices at Galena approved project includes reconfiguration of three (3) parcels to create two (2) new parcels, renovate the Rio Grande Building, demolish the existing office structure and construct a new office building. Minor design changes as a result of refinement to internal programming or to meet Building or Engineering code requirements may be approved as part of the building permit review. Minor changes to material and fenestration arrangements may be approved as part of the Construction of this project has been delayed as a result of litigation commenced by two local citizens regarding land use issues and a proposed referendum on the City Offices Staff requests City Council approval for four contracts and ffices on Galena/Rio Council adopted Resolution 149 (Series 2018) authorizing reimbursement up to $28,732,000 in project costs that may be incurred prior to formally securing financing for Budget which includes funds to move were based upon the future a budget amendment will be The City voters approved proceeding with construction of the city offices at City Council approved ballot language for the voters to decide whether city Rio Grande site or purchase property at 517 E. Hopkins. ffices at Galena/Rio. The approved project includes reconfiguration of three (3) parcels to create two (2) new parcels, renovate the Rio Grande Building, demolish the existing office structure and construct a new to internal programming or to meet Building or Engineering code requirements may be approved as part of the building permit review. Minor changes to material and fenestration arrangements may be approved as part of the n of this project has been delayed as a result of litigation commenced by two local citizens regarding land use issues and a proposed referendum on the P15 VI.b September 13, 2016 – Work session the Armory, renovate the Rio Grande building and build new space in the Galena area. DISCUSSION: Upon certification of the 2018 election the city offices at Galena/Rio Grande Place. Managers’ offices that included a mobilization on February 4, 2019 and a ground breaking on February 8, 2019, with construction activities starting off slowly 2019 the project will proceed at full speed, The design and permitting for the Armory portion of this solution will continue concurrent with the construction phase of the expects to present the design progress to Council milestones. The current estimate to complete the building at Armory is $14,000,000 – the combined amount of $45.8 million is information estimate for Option B of $46 completing the construction drawings and undertaking a robust value engineering effort to ensure the City is getting the best value po come. The complete design and budget for building is scheduled to complete The consent items for approval are as follows: · Res. 15-2019- Shaw Construction Order in the amount of $3,150 project. Shaw has included manage community and p to minimize the community impact of the street closures in this area and 50 plus year old water main from Founders P electric switch gear that is in the middle of the interse as a separate concurrent project to Shaw GMP of $3,105,979 funds. · Res. 16–2019 - Charles Cunniffe Architecture Contract Change Order for final design in the amount of $932,089. $551,295 is for construction · Res. 17-2019 - Concept One divided as Galena/Rio Grande Place office amount of $120,960 plus · Res. 18-2019 - PVCMI for excava $53,675 plus reimbursable Page 2 of 4 Work session – Council provided direction for the project team to reuse the Armory, renovate the Rio Grande building and build new space in the Galena Upon certification of the 2018 election, Council gave direction to proceed with construction of Rio Grande Place. The Asset department presented a plan to the offices that included a mobilization on February 4, 2019 and a ground breaking on , 2019, with construction activities starting off slowly and ramping up oceed at full speed, and complete first quarter of 2021. The design and permitting for the Armory portion of this solution will continue concurrent uction phase of the Galena/Rio Grande Place office building. The Project Team present the design progress to Council at work sessions as the team reaches design The current estimate to complete the building at Galena/Rio Grande Place is $31,800,000 the combined amount of $45.8 million is in line with the ballot information estimate for Option B of $46 - $49 million. The project team is currently working on drawings and undertaking a robust value engineering effort to ensure getting the best value possible and meeting the needs of the community for decades to The complete design and budget for core and shell of the new Galena/Rio Grande scheduled to complete by May 1, 2019. are as follows: Shaw Construction Guaranteed Maximum Price (GMP) Order in the amount of $3,150,000 for the Utility and Deconstruction p Shaw has included Kathleen Wanatowicz with PR Studio in their contract and public outreach for the project. The project team to minimize the community impact of the street closures in this area and r old water main from Founders Place to Mill Street and relocating the critical that is in the middle of the intersection at Mill and Rio Gr as a separate concurrent project to enhance public safety. This work is included 3,105,979 at a cost $777,683 which will be funded through the Charles Cunniffe Architecture Contract Change Order for final design in the amount of $932,089. A cost of $380,794 is for the current revised schedule and onstruction administration. pt One Group for Owners Representative Services. The services are Grande Place office in the amount of $333,900 and plus reimbursables. PVCMI for excavation and utility inspection services reimbursables. Council provided direction for the project team to reuse the Armory, renovate the Rio Grande building and build new space in the Galena/Rio parking Council gave direction to proceed with construction of The Asset department presented a plan to the offices that included a mobilization on February 4, 2019 and a ground breaking on ramping up. On April 1, The design and permitting for the Armory portion of this solution will continue concurrently The Project Team the team reaches design Rio Grande Place is $31,800,000 and the in line with the ballot currently working on drawings and undertaking a robust value engineering effort to ensure ssible and meeting the needs of the community for decades to Rio Grande Place (GMP) Contract Change for the Utility and Deconstruction portion of the in their contract to eam worked closely to minimize the community impact of the street closures in this area and is replacing the lace to Mill Street and relocating the critical ction at Mill and Rio Grande Place . This work is included in the ,683 which will be funded through the utility Charles Cunniffe Architecture Contract Change Order for final design in A cost of $380,794 is for the current revised schedule and . The services are and Armory in the services for the cost of P16 VI.b Another change order focused on the c City Council for consideration in FINANCIAL IMPACTS: The 2019 Adopted Budget includ cashflow need tied to Option A that was not appropriation would be reallocated construction of new offices at Galena contracts noted above, with the exception of the $777,683, which will require a new appropriation from the Water / Electric utility funds during the spring suppleme Shaw Construction CCA Concept One PVCMI Total RECOMMENDED ACTION: 17, and 18 Series of 2019. CITY MANAGER COMMENTS conjunction with the building construction over all disturbance to the community to have this utility work performed in conjunction with the building project. - SGO Exhibit A – Shaw Change Order Exhibit B – Charles Cunniffee Change Order Exhibit C – Concept One Group Contract Exhibit D – PVCMI Contract Page 3 of 4 Another change order focused on the core and shell and finishes is scheduled to be presented to in early May. udget includes $6.5M for city offices. This amount reflects the that was not ultimately not selected by voters. This reallocated to a new project number corresponding to the at Galena/ Rio Grande Place (Option B) and can fund the initial with the exception of the $777,683, which will require a new appropriation from the Water / Electric utility funds during the spring supplemental. Offices Work Utilities Work 2,372,317 777,683 932,089 - 454,860 - 53,675 - 3,812,941 777,683 Staff recommends that council approve Resolution No CITY MANAGER COMMENTS: City staff evaluated the merits of advancing the utility work conjunction with the building construction this past December. It is most effective and offers the least over all disturbance to the community to have this utility work performed in conjunction with the building Change Order Concept One Group Contract to be presented to . This amount reflects the expected by voters. This existing to a new project number corresponding to the voter approved (Option B) and can fund the initial with the exception of the $777,683, which will require a new ntal. Total 3,150,000 932,089 454,860 53,675 4,590,624 Resolution No 15, 16, City staff evaluated the merits of advancing the utility work in this past December. It is most effective and offers the least over all disturbance to the community to have this utility work performed in conjunction with the building P17 VI.b Page 4 of 4 P18 VI.b RESOLUTION #15 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT CHANGE ORDER BETWEEN THE CITY OF ASPEN AND SHAW CONSTRUCTION AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract change order for utility and demolition work between the City of Aspen and Shaw Construction 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 Change Order for utility and demolition work between the City of Aspen and Shaw Construction 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 11th day of February 2019. Steven Skadron, Mayor I, Linda Manning, 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 February 11, 2019. Linda Manning, City Clerk P19 VI.b RESOLUTION #16 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT CHANGE ORDER BETWEEN THE CITY OF ASPEN AND CHARLES CUNNIFFE ARCHITECTS AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract change order for design services between the City of Aspen and Charles Cunniffe Architects 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 Change Order for design services between the City of Aspen and Charles Cunniffe Architects 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 11th day of February 2019. Steven Skadron, Mayor I, Linda Manning, 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 February 11, 2019. Linda Manning, City Clerk P20 VI.b RESOLUTION #17 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT CHANGE ORDER BETWEEN THE CITY OF ASPEN AND CONNECT ONE GROUP AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract change order for program management and owner’s representation services between the City of Aspen and Connect One Group 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 Change Order for program management and owner’s representation services between the City of Aspen and Connect One Group 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 11th day of February 2019. Steven Skadron, Mayor I, Linda Manning, 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 February 11, 2019. Linda Manning, City Clerk P21 VI.b RESOLUTION #18 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT CHANGE ORDER BETWEEN THE CITY OF ASPEN AND PHIL VAUGHAN CONSTRUCTION MANAGEMENT INC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract change order for inspection services between the City of Aspen and Phil Vaughan Construction Management Inc a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract Change Order for inspection services between the City of Aspen and Phil Vaughan Construction Management Inc a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of February 2019. Steven Skadron, Mayor I, Linda Manning, 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 February 11, 2019. Linda Manning, City Clerk P22 VI.b 1319 Wald Circle | Carbondale, CO 81623 | www.ConceptOneGroup.com | (970) 456-6470 January 31, 2019 Mr. Jeff Pendarvis Capital Asset Manager City of Aspen 130 South Galena Street Aspen, CO 81611 CITY OF ASPEN – CITY OFFICES: SHAW CONSTRUCTION CONTRACT ADDENDUM #07 Dear Jeff: The purpose of this letter is to recommend the approval of the Shaw Construction Contract Addendum #07. BACKGROUND In November 2018, the public approved moving forward with the construction of the City Offices at Rio Grande Place. This is the first phase of construction. PROJECT COSTS The cost for this contract addendum will be contained within the currently appropriated project budget. Total Cost of Contract Addendum #07: $3,105,979.00 Best Regards, Jack Wheeler President Concept One Group, Inc. P23 VI.b ADDENDUM #07 CONSTRUCTION CONTRACT — ADDENDUM Initial Contract: AIA Al32 Standard Form of Agreement Between Owner and Contractor Project Address or Location:425 Rio Grande Place. Aspen. CO 8161 I A.Owner and Contractor are parties to the above-referenced contract (“Contract”) and wish to amend the Contract as follows: B.Contractor has been requested to perform and agrees to perform the following Addendum Scope of Work: Aspen City Offices – Utility & Demolition Work based on RFE Permit Set drawings issued 3/12/18 C.The compensation for said Addendum Scope shall be $ 3,105,979.00 , which is in addition to the amounts stated below: This Amount Previous Change Amount Total of Changes to date Original Contract Amount Contract Amount to date $ 3,105,979 $ $ $ $ D.Section 4.4.7.1. The GMP for this Addendum is $3,105,979.00 with clarifications. Section 4.4.7.2. No alternates are proposed by this Addendum. Section 4.4.7.3. Allowances of $270,000.00 and Contractors Contingency of $62,120 are included in this GMP. Section 3.3. The date of commencement on site is, February 12, 2019 Except as expressly amended or modified herein, the Contract shall remain unmodified and in full force and effect. This Amendment is executed on the day of February , 2019 . OWNER: By: Name: Steve Skadron Title: Mayor CONTRACTOR: By: Name: Title:President Contractor’s Contact Information: Street Address:_ 760 Horizon Drive, #201, Grand Junction, CO, 81506 Contact Name: Sam Meyer, President Contractor Lic#: C-006164 P24 VI.b January 31, 2019 Project: Aspen City Offices Aspen, CO Utilities GMP WORKSCOPE NARRATIVE For: City of Aspen (COA) P25 VI.b CoA City Offices - Galena 1/31/19 Utilities and Demolition GMP Page 2 of 5 All work shall be complete pursuant to the plans and specifications unless clarified or noted below. General Information • The City Offices Utilities and Demolition GMP Estimate is based upon Roaring Fork Engineering Permit Set Drawings dated 3/12/2018, RMH Group switchgear drawings received in the ACO Core and Shell Permit drawing set dated 2/7/2018, and existing ACRA Building drawings marked up by CCA in January 2018. • Allowance amounts include all applicable labor and materials costs to complete the allowance work, unless otherwise noted. • Additional work or impacts to the baseline schedule that are not the responsibility of the Contractor may require a schedule extension and/or overtime that will be the responsibility of the Owner. • Shaw assumes responsibility for the costs associated with supplying the project with temporary utilities for the duration of construction as set forth in the project schedule or until substantial completion of the project is attained. All cost associated with utilities beyond this time are the responsibility of the Owner. • All applicable permits are the responsibility of the Owner. Utility permit is assumed to be received by April 1st, 2019. • Contingency has been included to cover costs Shaw will incur that the level of drawings does not show, or subcontractors have excluded / missed. This is based on our experience in the market and our recent experience with the subcontractor base. It is solely for the use of Shaw in completing the work shown and is not intended for any owner changes or design omissions. • General conditions are included for a 5-month duration starting April 1st, 2019. Any changes made by the Owner may result in schedule extension and additional general conditions costs. • GC’s, construction fencing, safety scaffolding is included based on a continuous operation from completion of Utilities to start of the City Offices build back. Any lag between these two operations would result in added costs to bridge any time gap to pay for downtime on GC’s, fencing, scaffold rental. • Shaw assumed that the engineer has located and drawn all utility and service lines after requesting potholing services. Shaw will coordinate utility locates based on utility routings as shown and excludes all other wording from utility general notes #1, 2, and 4; Sheet C1. • Removal and disposal of any hazardous material that may be found during construction is not included • Removal and disposal of any underground obstacles that may be found during construction that are not shown on the drawings is not included P26 VI.b CoA City Offices - Galena 1/31/19 Utilities and Demolition GMP Page 3 of 5 Section 002050 – Site Support A. Includes 1. 24-hour ambient sound level survey and noise impact model & mitigation design. Additional modeling costs included for soil stabilization activities, excavation activities and construction activities. 2. Costs for 20 weeks of real time monitoring to a web-based continuous system for acoustical, weather, dust, and vibration systems; these costs are included with the city offices pricing 3. Costs for 2 months’ rental (including install and freight) for 808 lineal feet of 12’ tall STC-25 portable wall panels and 192 lineal feet of 14’ tall STC-32 K-Rail and jersey barrier system 4. Jersey barriers and temporary walls in the existing parking garage as barricades for demolition operations and safety of the general public. These will remain in place for as long as needed through the construction of the new city offices. 5. Sidewalk and Plaza safety and directional signage. 6. Safety scaffolding at the north garage entrance so that the garage may remain operable during construction for a 6-month duration starting March 2019. 7. Temporary fencing for laydown and storage. It is assumed that this fencing will stay in place during ‘Food and Wine’. B. Excludes 1. Daily/Weekly/Monthly real time monitoring reports Section 002220 – Site Demolition A. Includes 1. Partial removal of the parking lot located on the SE corner of Mill St. and Rio Grande. This area will be used for laydown and storage 2. Topping slab at the open-air parking deck to be removed for future re-water proofing to be performed during ACO build back 3. Removal of CMU wall separating ACRA and the existing parking garage at level 2 4. Lower level east stair/canopy and west ACRA stair from grade level and above 5. Trees to be transplanted stored at COA park lot on Cemetery Lane. Maintenance by COA until trees to be moved to final location B. Excludes 1. Fire watch 2. Payment for loss of revenue due to parking spots in garage being demolished and out of service during construction Section 002315 – Excavation & Fill A. Includes 1. Regrading of disturbed section of Rio Grande Section 002370 – Erosion Control A. Includes 1. 2000 sf of tracking pad/temp road 2. Gravel for laydown area Section 002505 – Site Utilities A. Includes P27 VI.b CoA City Offices - Galena 1/31/19 Utilities and Demolition GMP Page 4 of 5 1. Connection / Tie-In to existing 8” gate valve east of 48” RCP storm sewer in Rio Grande. Water line will require shut down to affix City Water standard restraint on existing gate valve. 2. Installation of ¾” K Water service to park included to back of curb only. 3. 4” water service to ACO as ductile iron pipe 4. 6” sanitary service to ACO as SDR 26 5. The new 4’ dia storm manhole (MH A1) will need to be a 5’ dia manhole to accommodate piping 6. New switchgear vault at Puppy Smith location to be a standard 7’ x 7’ precast vault 7. 16” diameter C900 in lieu of 15” diameter per sheet C35 B. Excludes 1. Water line south of valve cluster for Founders Place 2. Primary electrical/communications cable/wire and final terminations 3. Electrical vaults set by COA Electric, provided by Shaw 4. As-built camera/video of installed utility lines Section 002740 – Asphalt Paving A. Includes 1. Temporary asphalt sidewalks assumed to be 3” thick Section 002750 – Site Concrete A. Includes 1. Speed table colored concrete to be brick red B. Excludes 1. Curb and Gutter south of handicap ramps on Founders Place 2. Valley Pan south of handicap ramps on Founders Place 3. Concrete Paving and Snowmelt south of valley pan at intersection of Founders Place and Rio Grande Section 018000 – Allowances A. Includes 1. Landscape and Irrigation; $35,000 a. This allowance is to cover any rework of irrigation piping, controls, and sodding as a result of work in/adjacent to Rio Grande Place 2. Traffic Control; $100,000 a. The demands/needs of City Engineering is unknown at this time 3. Existing Light Pole Modifications; $25,000 a. This allowance is for conduit re-routes, wire pulls, and pole bases for existing poles found to be re-worked/moved due to new design 4. Fire Suppression Disconnect Prior to Deconstruction and Temp Fire Suppression as Needed; $7,500 5. Neighbor Outreach; $2,500 a. This allowance is for Shaw to keep neighbors up to date on current project throughout the duration of work 6. Temp Re-Route of Existing Utilities at ACRA; $25,000 7. Public Communications Services; $50,000 8. Unblock Existing Conduits at Puppy Smith Switchgear; $25,000 P28 VI.b CoA City Offices - Galena 1/31/19 Utilities and Demolition GMP Page 5 of 5 a. This allowance is to locate an assumed blockage at existing conduits between switchgear vaults 1 and 3, excavate, repair, and backfill to existing conditions. b. If blockage is not found and a new primary conduit run is to be installed in Mill St. per RMH drawings then this scope is estimated to be roughly $100,000. Value Engineering For pricing of VE items see BSL GENERAL EXCLUSIONS A. Permits and Plan Review Fees, development fees, impact fees, ROW/ENCR fees B. Asbestos or lead abatement C. Cost for 3rd party inspections D. Davis Bacon wages E. Costs for LEED Certification We look forward to working with you on this project. Sincerely, Jamie Neyers SHAW CONSTRUCTION CC: Sam Meyer and Brian Thomas – Shaw Construction P29 VI.b Aspen City Offices Page 1 City of Aspen 1/31/2019 8:39 AM Utilities GMP Aspen City Offices - Utilities GMP - WIP.pee Project name Rio Grande 425 Rio Grande Place Aspen CO 81611 Estimator JN Labor rate table 1 Bid date 1/26/2018 Report format Sorted by 'Group phase/Phase' 'Detail' summary Allocate addons Print sort level notes CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Construction. P30 VI.b Aspen City Offices Page 2 City of Aspen 1/31/2019 8:39 AM Utilities GMP Aspen City Offices - Utilities GMP - WIP.pee Group Phase Description Takeoff Quantity Total Cost/Unit Total Amount Previous Budget/Notes 001000 GENERAL CONDITIONS* 001005 GENERAL CONDITIONS Shaw Utilities GC's 5.00 mo 79,874.20 /mo 399,371 Shaw Soft Start GC's - March 1.00 mo 24,502.00 /mo 24,502 Shaw Soft Start GC's - February *ex 0.00 /ex 0 GENERAL CONDITIONS 42,550.00 sf 9.96 /sf 423,873 GENERAL CONDITIONS*42,550.00 sf 9.96 /sf 423,873 002000 SITEWORK* 002050 SITEWORK SUPPORT Potholing Cost to Date at Parking Garage 1.00 ls 3,825.00 /ls 3,825 Earthwork/Utilities GC's 1.00 ls 84,035.00 /ls 84,035 Stutsman - Bond Add 1.00 ls 34,426.00 /ls 34,426 Traffic Control - Non Utility Work 350.00 hr 26.57 /hr 9,300 Acoustic Services 1.00 ls 15,400.00 /ls 15,400 Behrens Acoustic Real Time Monitoring 8.00 week 1,262.50 /week 10,100 Behrens Sound Barrier Mitigation 2.00 mo 52,345.00 /mo 104,690 Behrens Street Cleaning 1.00 ls 10,934.08 /ls 10,934 Light Plants - 2 ea. x 2 Months 4.00 mo 855.00 /mo 3,420 Jersey Barriers in Garage 460.00 lf 82.17 /lf 37,796 Stutsman Construction Temp Fencing after Soundwalls Removed 1,000.00 lf 14.50 /lf 14,500 Orange Construction Fencing 782.00 lf 4.50 /lf 3,519 Green Construction Fencing 537.00 lf 4.50 /lf 2,417 Temp Walls at Parking Garage 460.00 lf 59.67 /lf 27,447 SDI Tree Protection 110.00 lf 5.00 /lf 550 Temp Barricades 1.00 ls 3,502.50 /ls 3,503 Safety Scaffolding at Garage Entrance - March Start for Demo 6.00 mo 7,598.41 /mo 45,590 Safway Temp Safety Enclosure at East ACRA Stair Once Demo'd 1.00 ls 25,000.00 /ls 25,000 Clean Up - Avg 2 Men for 2 Days per Week 695.00 hr 24.57 /hr 17,076 Construction Staking and Site Layout 55,000.00 sf 0.84 /sf 46,000 Sopris Eng. Dumpsters (2 per Month)10.00 ea 850.00 /ea 8,500 SITEWORK SUPPORT 42,550.00 sf 11.94 /sf 508,027 002220 SITE DEMOLITION Demo Curb *incl 0.00 /incl 0 Demo Rio Grande Asphalt Paving including Dump Fees 1.00 ls 22,329.70 /ls 22,330 Stutsman Demo Asphalt Paving including Dump Fees (non Rio Grande) 1.00 ls 23,131.30 /ls 23,131 Stutsman Demo Concrete Paving, Sidewalks, Pads including Dump Fees 1.00 ls 67,339.50 /ls 67,340 Stutsman Deconstruct Commercial Building 7,000.00 sf 27.07 /sf 189,511 Aspen Deconstruction Demo Remainder of Building 7,000.00 sf 9.44 /sf 66,081 Stutsman Saw Cut Asphalt *incl /incl Saw Cut Concrete *incl /incl Water Line Removal 309.00 lf 286.17 /lf 88,426 Stutsman Storm Line Removal *incl 0.00 /incl 0 Tree and Stump Removal 1.00 ls 3,419.00 /ls 3,419 Stutsman Move Trees to COA Park Lot for Temp Storage 1.00 ls 12,300.00 /ls 12,300 Stutsman Move Trees from COA Park Lot to Undetermined Location 1.00 ls 12,112.00 /ls 12,112 Stutsman SITE DEMOLITION 42,550.00 sf 11.39 /sf 484,649 002315 EXCAVATION & FILL Streets Grading *incl 0.00 /incl 0 002370 EROSION CONTROL Erosion Control Installation 1.00 ls 8,309.00 /ls 8,309 Stutsman Stabilized Construction Entrance 200.00 sf 51.07 /sf 10,214 Stutsman Staging Pad 1.00 ls 4,664.00 /ls 4,664 Stutsman Concrete Washout 1.00 ea 1,500.00 /ea 1,500 EROSION CONTROL 42,550.00 sf 0.58 /sf 24,687 002510 WATER DISTRIBUTION Water Line 1.00 ea 290,094.00 /ea 290,094 Stutsman CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Construction. P31 VI.b Aspen City Offices Page 3 City of Aspen 1/31/2019 8:39 AM Utilities GMP Aspen City Offices - Utilities GMP - WIP.pee Group Phase Description Takeoff Quantity Total Cost/Unit Total Amount Previous Budget/Notes 002510 WATER DISTRIBUTION Remove Existing Fire Hydrant Assembly *incl 0.00 /incl 0 Fire Hydrants *incl 0.00 /incl 0 4" D.I. Pipe *incl 0.00 /incl 0 8" D.I. Pipe *incl 0.00 /incl 0 8" Valve for Water Line Removal *incl 0.00 /incl 0 Reconnect Fountain and Install Water Service into Park Area *incl 0.00 /incl 0 Connect to Existing *incl 0.00 /incl 0 Garage Water Service 1.00 ls 13,041.00 /ls 13,041 Stutsman ACO Water Service 1.00 ls 19,478.00 /ls 19,478 Stutsman WATER DISTRIBUTION 42,550.00 sf 7.58 /sf 322,613 002530 SANITARY SEWER 6" SDR 26 Sanitary Sewer for ACO 1.00 ls 25,387.00 /ls 25,387 Stutsman Garage Temp Sanitary Sewer 1.00 ls 29,093.00 /ls 29,093 Stutsman SANITARY SEWER 42,550.00 sf 1.28 /sf 54,480 002550 PIPED ENERGY DISTRIBUTION Gas Service Trenching *ex 0.00 /ex 0 002580 SITE ELECTRICAL Rio Grande E. Trenching and Conduits 1.00 ls 49,790.00 /ls 49,790 Stutsman Remove and Replace 7' x 7' Conc. Vault (Vault set by COA Electric) 1.00 ls 8,900.96 /ls 8,901 Stutsman City Office E. and Tel. Trenching and Conduits *ex 0.00 /ex 0 Not in Scope Puppy Smith Vault 1.00 ls 16,215.00 /ls 16,215 Stutsman Communications Manholes 1.00 ls 12,979.00 /ls 12,979 Stutsman Fiber Optic Conduit 1.00 ls 11,436.01 /ls 11,436 Stutsman Communications Trenching and Conduits Across Mill St. 1.00 ls 15,062.24 /ls 15,062 Stutsman Communications Trenching and Conduits at Landscape 1.00 ls 3,120.80 /ls 3,121 Stutsman Irrigation Sleeves 1.00 ls 7,973.50 /ls 7,974 Stutsman SITE ELECTRICAL 42,550.00 sf 2.95 /sf 125,478 002630 STORM DRAINAGE Drainage 1.00 ls 272,096.00 /ls 272,096 Stutsman Nyoplast Area Drain *incl 0.00 /incl 0 Area Inlets *incl 0.00 /incl 0 Manholes *incl 0.00 /incl 0 Relocated Manhole *incl 0.00 /incl 0 15" Reinforced Conc Pipe *incl 0.00 /incl 0 18" Reinforced Conc Pipe *incl 0.00 /incl 0 24" Reinforced Conc Pipe *incl 0.00 /incl 0 8" DIP *incl 0.00 /incl 0 Temp 16" C900 *incl 0.00 /incl 0 STORM DRAINAGE 42,550.00 sf 6.40 /sf 272,096 002720 BASE COURSES Rio Grande Road Base 1.00 ls 44,432.05 /ls 44,432 Stutsman 4" Gravel Base at Concrete Paving and C&G 1.00 ls 63,193.45 /ls 63,193 Stutsman 4" Gravel Base at Temp Asphalt Sidewalks 1.00 ls 5,261.00 /ls 5,261 Stutsman Adjust MH and Water Valve Rings 14.00 ea 137.50 /ea 1,925 BASE COURSES 42,550.00 sf 2.70 /sf 114,812 002740 ASPHALT PAVING Temp 3" Asphalt Sidewalk 2,463.00 sf 6.50 /sf 16,016 5" Asphalt Surface Course at Rio Grande 1.00 ls 78,726.60 /ls 78,727 Stutsman 2" Asphalt Overlay at Mill St.1.00 ls 44,095.24 /ls 44,095 Stutsman ASPHALT PAVING 42,550.00 sf 3.26 /sf 138,838 002750 CONCRETE PAVING 8" Valley Pan 1,600.00 sf 9.50 /sf 15,198 RMS Speed Table Paving (Colored Concrete)1,200.00 sf 14.67 /sf 17,603 RMS CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Construction. P32 VI.b Aspen City Offices Page 4 City of Aspen 1/31/2019 8:39 AM Utilities GMP Aspen City Offices - Utilities GMP - WIP.pee Group Phase Description Takeoff Quantity Total Cost/Unit Total Amount Previous Budget/Notes 002750 CONCRETE PAVING Curb & Gutter 1,525.00 lf 25.00 /lf 38,125 RMS 5" Sidewalks 3,965.00 sf 6.00 /sf 23,790 RMS H.C. Ramp w/ Truncated Dome Mats 18.00 ea 1,150.00 /ea 20,700 RMS Pumping Costs 1.00 ls 1,800.00 /ls 1,800 RMS CONCRETE PAVING 42,550.00 sf 2.76 /sf 117,216 002760 PAVEMENT MARKING Striping 1.00 ls 14,838.05 /ls 14,838 Stutsman PAVEMENT MARKING 42,550.00 sf 0.35 /sf 14,838 SITEWORK*42,550.00 sf 51.18 /sf 2,177,734 018000 ALLOWANCES* 018005 ALLOWANCES Irrigation Modifications and Sod Replacement 1.00 ls 35,000.00 /ls 35,000 Traffic Control 1.00 ls 100,000.00 /ls 100,000 Light Pole Modifications 1.00 ls 25,000.00 /ls 25,000 - Conduit Reroutes *incl /incl - Wire Pulls *incl /incl - Pole Bases *incl /incl Fire Suppression Disconnect Prior to Deconstruction 1.00 ls 7,500.00 /ls 7,500 Neighbor Outreach 1.00 ls 2,500.00 /ls 2,500 Temp Re-Route of Existing Utilties at ACRA 1.00 ls 25,000.00 /ls 25,000 Public Communication Services 1.00 ls 50,000.00 /ls 50,000 $54,725 to be included with ACO Build Back Unblock Existing Conduits at Puppy Smith Switchgear 1.00 ls 25,000.00 /ls 25,000 WPW Fall Mob and Temp Rio Grande Patch Before Food and Wine *ex 0.00 /ex 0 COR If Found to be Needed ALLOWANCES 42,550.00 sf 6.35 /sf 270,000 ALLOWANCES*42,550.00 sf 6.35 /sf 270,000 019000 INSURANCE/PERMITS/MISC 019300 PERMITS ROW / ENCR Fees *ex /ex N/A CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Construction. P33 VI.b Aspen City Offices Page 5 City of Aspen 1/31/2019 8:39 AM Utilities GMP Aspen City Offices - Utilities GMP - WIP.pee Estimate Totals Description Amount Totals Rate 2,871,607 2,871,607 Labor Burden 7,454 21.850 % 7,454 2,879,061 General Liability - w/GC's Builders Risk - w/GC's Warranty Reserve - w/GC's P & P Bond - w/GC's Cloud Technology Services 4,271 0.138 % 4,271 2,883,332 Preconstruction Contractor Contingency 62,120 2.000 % Contractor Fee 160,527 5.450 % Total 3,105,979 CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Construction. P34 VI.b 1319 Wald Circle | Carbondale, CO 81623 | www.ConceptOneGroup.com | (970) 456-6470 January 31, 2019 Mr. Jeff Pendarvis Capital Asset Manager City of Aspen 130 South Galena Street Aspen, CO 81611 CITY OF ASPEN – CITY OFFICES: CHANGE ORDER #04 Dear Jeff: The purpose of this letter is to recommend the approval of the Charles Cunniffe Architect Change Order #04. BACKGROUND In November 2018, the public approved moving forward with the construction of the City Offices at Rio Grande Place. The following change order is to compensate the Design Team for the delays and add Construction Administration services. PROJECT COSTS The cost for this change order will be contained within the currently appropriated project budget. Total Cost of Change Order #04: $932,089.25 Best Regards, Jack Wheeler President Concept One Group, Inc. P35 VI.b P36VI.b PROPOSAL FOR CoA– CITY OFFICES – 425 RIO GRANDE & THE ARMORY P37 VI.b January 31, 2019 | Page 1 Proposal for City of Aspen – City Offices - Galena January 30, 2019 Mr. Jeff Pendarvis City of Aspen 130 S. Galena Aspen, Colorado 81611 RE: PROGRAM MANAGEMENT/ OWNERS AGENT AS ADVISOR SERVICES Mr. Pendarvis: Thank you for the opportunity to provide this proposal to extend our program management and owner’s representation services for the City Offices at 425 Rio Grande and The Armory projects. We know that we can add value throughout the process of developing this property. Please find attached rate schedule for our services. We will provide services as directed, to be billed per fixed fee schedule below. Staffing will be added as determined by COG and the owner. Attached you will find our scope and fee proposal and estimate to manage the Design and Construction Administration of the City Offices at 425 Rio Grande and the Design Phase of The Armory. Our team is committed to helping you succeed. Thank you again for the opportunity and we look forward to working with you. Sincerely, Jack Wheeler President Concept One Group, Inc. Email: wheeler@conceptonegroup.com Mobile: (970) 456-6470 P38 VI.b January 31, 2019 | Page 2 Proposal for City of Aspen – City Offices - Galena SCOPE OF SERVICES Concept One Group’s Program Management/Owner’s Representative will provide an extensive scope of services from project inception and pro-forma development through project completion and post occupancy support. Below we have provided an example list of services; however, we pride ourselves on tailoring our services to meet the exact needs of each client and look forward to refining our services to best suit your needs. 1. Overall facilitation coordination, organization and direction of the integrated team • During design we will ensure outreach continues and stakeholders and council are updated on progress. We will make sure all team members understand budget and schedule throughout the design process. We will work to ensure a fully coordinated design is reached that considers quality, budget, and schedule from the beginning. Provide reports and memos as needed to update owner and council. 2. Coordinate assignment of responsibilities, actions, and completion requirements • We will clearly track the status of all outstanding items in meeting minutes or other formats desired. Deadlines, “ball in court” responsibility, and status will be noticeably and succinctly documented and addressed collectively in a weekly meeting or conference call. 3. Coordinate and track integrated team’s performance • We will proactively work with each team member to ensure that expectations for their role and performance are clear. As the project progresses, Concept One Group will continue monitoring their performance to make sure that program, quality, budget, and schedules are being met. Our approach here is not to identify deficiencies, but rather to work with the team to find solutions to challenges before they impact the team’s performance. 4. Coordination of overall project schedule with updated procurement and construction schedule • We will maintain an overall master schedule for the project team. We will proactively work with each team member to ensure that expectations on timeline for submittals, team meetings, and approvals are understood and are being achieved. 5. Design cost estimate • Concept One Group will work closely with the design team estimators, or develop estimates, and review costs, assumptions and risks and update the master project budget in real time. If cost reduction is needed, we will work with the design team and the owner to achieve this between design phases never losing sight of it being a value-added process. 6. Lead Value Engineering process • At the appropriate time, our team will compile a list of ideas and facilitate a collaborative process with key design and project team members and the owner to refine a comprehensive list of value engineering ideas and gain consensus as to which should be incorporated, eliminated or flagged for future consideration or to be carried as a bid alternate. P39 VI.b January 31, 2019 | Page 3 Proposal for City of Aspen – City Offices - Galena 7. Analysis of long lead items • Our team will specifically identify long lead items in our master schedule and make sure plans are in place to manage the design and procurement of any such items to coordinate with the remaining schedule activities. 8. Coordinate alternative options for presentation to Owner • As part of the value engineering process, alternates that offer cost or schedule benefits will be offered. 9. Ensure compliance with project requirements • We will keep a detailed list of project requirements, which will be revisited frequently to confirm compliance and document any variance or revision to the requirement and make sure any such revisions are clearly communicated to all team members so that expectations are managed appropriately. 10. Lead performance checking of systems from the Integrated Team’s stakeholders • We will work closely with the design team to ensure that there is regular review and feedback of the systems being designed and that they meet the team’s needs established early in the project. 11. Final analysis and recommendation on construction approach • During the 30, 60 and 90% stages, we will be confirming that the decisions made during the concept process still hold true and that the materials and solutions chosen are the best for the project, taking into consideration multiple criteria such as cost, schedule, sustainability, aesthetics, life span, operational costs, safety, performance, etc. 12. Package Bid documents and draft RFP for Initial GC GMP review response and recommend in conjunction with project team • Somewhere between the 30% and 60% design stages, we see there is huge benefit in getting a CM/GC on board to assist with the detailed planning to make the project a reality. We pride ourselves on creating clear contracts that de-risk the owner’s exposure and yet are not too restrictive for GCs. Concept One Group will schedule, compile all the documents, and oversee the procurement process. 13. Monitor and Update Schedule • As design progresses, we will update the schedule as necessary but primarily we will make sure our schedule dates are hit without burning any float. 14. Value Engineering II • With the design and construction team we will make sure all components of the current design are reviewed for cost impacts, both short-term capital and long-term maintenance and operational costs. P40 VI.b January 31, 2019 | Page 4 Proposal for City of Aspen – City Offices - Galena 15. Detailed milestone design landscape and civil design review, for completeness and constructability • Our team will compile a list of ideas and facilitate a collaborative process with key design team and owner’s team members to refine a comprehensive list of value engineering ideas and gain consensus as to which should be incorporated, eliminated, or flagged for future consideration or to be carried as a bid alternate. 16. Construction administration • Payment application review • Budget tracking • Monitor schedule compliance and resource allocation • Quality control and quality assurance • Project close out • Monitor commissioning • Change order management • Coordination of project team during construction phase. P41 VI.b January 31, 2019 | Page 5 Proposal for City of Aspen – City Offices - Galena PROPOSED FEE We pride ourselves on tailoring our services to our Client’s specific needs. If more services than outlined are needed, we can adjust our fee to accommodate those needs. We look forward to talking through these fees to make sure we have covered all of your project needs. City Offices – 425 Rio Grande Phase Fee/Month Duration Total 2019 $16,160 12 Months $193,920 2020 $11,665 12 Months $139,980 Reimbursable Expenses** Cost + 7% 12 Months Cost + 7% TOTAL $333,900 + reimbursables 1. **Estimate of reimbursables, which include items such as travel, shipping, printing costs, AIA software usage, parking, and mileage. All reimbursable costs will be billed at cost plus 7%. City Offices – Armory Phase Fee/Month Duration Total 2019 $8,080.00 12 Months $96,960 Reimbursable Expenses** Cost + 7% 12 Months Cost + 7% TOTAL $96,960 + reimbursables 1. **Estimate of reimbursables, which include items such as travel, shipping, printing costs, AIA software usage, parking, and mileage. All reimbursable costs will be billed at cost plus 7%. HOURLY RATES Team Member Hourly Rate Project Director $160 Senior Project Manager $150 Project Manager $115 Assistant Project Manager $100 Project Engineer $75 P42 VI.b January 31, 2019 | Page 6 Proposal for City of Aspen – City Offices - Galena REIMBURSABLE EXPENSES We recognize reimbursable costs can quickly become a large burden on an Owner’s budget, we feel managing, and minimizing our reimbursable costs is a primary responsibility. These expenses will be billed at cost plus a 7% administrative fee. TERMINATION OF CONTRACT In the event that suspension or termination of the project occurs through no fault of Concept One Group, Inc., Concept One Group, Inc. shall be entitled to all costs of work completed to the date of the notice of suspension or termination and all costs associated with work scheduled for the following forty-five (45) business days. STANDARD PROPOSAL PROVISIONS 1. The Client agrees to indemnify, defend, and hold Concept One Group, Inc. harmless against any and all actual or consequential damages in excess of the fees herein, as well as any actions, causes of action, fines, costs and claims arising out of or in any way relating to this project not the result of willful misconduct or gross negligence by Concept One Group, Inc. 2. Processes used and documents prepared or provided by Concept One Group, Inc. while working for the Client are solely provided as instruments of service to the Client for use on this project. They are and shall remain the property of Concept One Group, Inc., who reserves all rights thereto. 3. A signed proposal or contract will be required prior to Concept One Group, Inc. beginning work. 4. The above fees do not include reimbursable expenses, which include items such as travel, shipping, printing costs, AIA software usage, parking, and mileage. All reimbursable costs will be billed at cost plus 7%. 5. Client shall pay Concept One Group, Inc. within ten (10) calendar days of the submission of each invoice. All unpaid balances outstanding at the end of ten (10) calendar days shall be assessed a 1% processing fee. A 1.5% late fee will be assessed in addition to the processing fee for each 30 days of delinquency (18% annually). P43 VI.b January 31, 2019 | Page 7 Proposal for City of Aspen – City Offices - Galena 6. The agreement may be terminated for the following reasons: a. Concept One Group, Inc. does not perform the work included in the Base Scope of Services in accordance with industry standards. b. Timely payment is not received by Concept One Group, Inc. for Base Scope of Services rendered. c. Suspension or abandonment of project by Owner. d. For convenience by either party with 21 days written notice. 7. Both parties subject to this agreement shall notify the other in writing if contemplating termination of the agreement. If the cause of termination is either 6a or 6b above, fifteen (15) business days from date of notification shall be allowed for the notified party to correct the non-compliance with the agreement. Correction of non- compliance within the allotted time shall preclude grounds for termination. 8. In the event that the Owner suspends the project, this agreement may also be suspended for a like period of time. A suspension greater than thirty (30) calendar days will allow for equitable adjustment to fees upon the resumption of the work. 9. In the event that suspension or termination of the project occurs through no fault of Concept One Group, Inc., Concept One Group, Inc. shall be entitled to all costs of work completed to the date of the notice of suspension or termination and all costs associated with work scheduled for the following forty-five (45) business days. 10. It is important to note Concept One Group, Inc. will be providing construction industry experience but will not be providing legal expertise. The Owner will need to have its counsel review all contracts during negotiations and prior to execution. 11. Fees represented in this proposal are valid for thirty (30) calendar days. PROPOSED: APPROVED & ACCEPTED: Jack Wheeler, Jeff Pendarvis President Capital Asset Manager Concept One Group, Inc. City of Aspen P44 VI.b P45 VI.b P46 VI.b P47 VI.b P48 VI.b P49 VI.b P50 VI.b P51 VI.b P52 VI.b P53 VI.b P54 VI.b 1319 Wald Circle | Carbondale, CO 81623 | www.ConceptOneGroup.com | (970) 456-6470 January 31, 2019 Mr. Jeff Pendarvis Capital Asset Manager City of Aspen 130 South Galena Street Aspen, CO 81611 CITY OF ASPEN – CITY OFFICES: PVCMI CONTRACT Dear Jeff: The purpose of this letter is to recommend the approval of the PVCMI Professional Services Agreement. BACKGROUND Due to the extensive amount of utility upgrades on the project, the City of Aspen Engineering Department has asked that we use Phil Vaughan inspection services for the utilities portion of the work. PROJECT COSTS The cost for this contract will be contained within the currently appropriated project budget. Total Cost of Contract: $53,675.00 Best Regards, Jack Wheeler President Concept One Group, Inc. P55 VI.b Page 1 of 4 Phil Vaughan Construction Management, Inc. 1038 County Road 323 Rifle, CO 81650 Phone: (970) 625-5350 Fax: (970) 625-4522 Email: phil@pvcmi.com Website: www.pvcmi.com January 31, 2019 Mr. Pete Rice, PE, LEED AP Senior Project Manager Engineering Department City of Aspen, Colorado Sent via email: pete.rice@cityofaspen.com Dear Pete, As per our conversation, please find below a proposal for Inspection Services for the City of Aspen- Aspen City Offices Utility Project. PVCMI has an executed professional services contract with the City of Aspen for Inspection Services on an as-needed basis via Contract number #2018-064. This contract will be used as the basis for the new contract, contract number 2018-064-01 for City office utility phase site observation and monitoring. I received the Rio Grande Place documents. Drawings C1 through C39 note the revision as “City of Aspen Comments” and are dated March 12, 2018. Drawings E0.00, E1.0 and E2.0 are titled “Aspen City Offices-100% CD for review” and are dated 2/2/18. The Electrical drawings indicate at the top right-hand side of the sheet that they are a progress set only and are not suitable for bidding and construction. Please find attached my personal resume for your information and use. I founded Phil Vaughan Construction Management, Inc. 30 years ago and have been active as a design team leader, field project manager and Construction Manager as Advisor throughout my career. My business has been focused on land development including civil projects and vertical projects. My personal experience incorporates extensive utility construction including potable water lines, non-potable pipelines (12” to 30” diameter), sanitary sewer, storm sewer, electrical, communications (telephone and fiber optic), natural gas (retail) and natural gas (wholesale-24” to 48” diameter multi-state pipelines). My project experience includes both municipal and private utilities. My recent services provided to the City of Aspen for the Hallam Street/Castle Creek Bridge Improvements project consisted of coordination of storm sewer installation at the East end of Castle Creek Bridge and 7th and Hallam, potable water line installation at 7th and Main Street and electrical installations at relocated light poles and the bus shelters. In many cases, the proposed utilities required field modifications in order to extend through areas of existing utility P56 VI.b Page 2 of 4 congestion. I was in the field and communicated with the City of Aspen, Engineer of Record and the Contractor to address these issues and to keep the project moving forward. I am familiar with the City of Aspen Engineering Design Standards, Water Distribution System Standards, Construction and Excavation Standards for Work in the Public-Rights-of-Way and the Urban Runoff Management Plan. As a design team leader, I am also well versed in codes and regulations from a state and national level. I am detail oriented and will continue to provide high-quality Construction Management as Advisor services for the City of Aspen. As requested, please find below the services discussed, with estimated hours noted for each item. 1. Field Observation/Field Coordination Daily coordination with the City of Aspen, Contractor and Design Team. Observation of construction activities as needed to ensure basic compliance with specification and quality practices. Review of approved submittals to determine conformance with the approved Contract Documents. Preparation of site observation reports. 12 week project- estimated. April 1, 2019 through June 21, 2019. 60 working days x 9 hours per day average= 540 hours @ $95/hr.= $51,300.00 2. Attend weekly Owner/Architect/Contractor meetings from April 1, 2019 to June 21, 2019. Details: 12 weekly meetings. Included in item #1 above. 3. Project closeout review and coordination Details: Review of documents to confirm conformance with closeout provisions of the contract. Estimated hours: 25 hours @ $95/hr.= $2,375.00 Grand Totals Total Estimated Hours: 565 hours @ $95/hr.= $53,675.00 Estimated Total Services: $53,675.00 We propose to provide services on an hourly basis as per the attached PVCMI 2019 Fee Schedule. Please note that our 2019 Fee Schedule is the same as our 2017/2018 Fee Schedule. Please sign below to approve our proposal. Please also provide invoicing information including purchase order number, name and contact information for the person who will be approving invoices and any other relevant information. P57 VI.b Page 3 of 4 Thank you for the opportunity to serve you. Please contact me if you have questions. Sincerely, Philip B. Vaughan President Phil Vaughan Construction Management, Inc. Proposal Approved: Name ______________________________________ Signature _______________________________________ Title____________________________________ Date ______________________ Invoicing information i.e. Purchase Order_____________________________ Name for person approving invoicing ___________________________ Email: ________________________________ Mailing Address:______________________________________________________ Phone Number: ___________________________ P58 VI.b Page 4 of 4 Phil Vaughan Construction Management, Inc. Fee Schedule City of Aspen- As-Needed Construction Manager as Advisor 2019 Construction Services Plan Review $95.00/hour Design and Estimation $95.00/hour Meetings/Discussions $95.00/hour Construction Management/ Scheduling $95.00/hour Travel $95.00/hour + .65 mile Out-of-pocket expenses Cost of expense plus 15% Miscellaneous Charges Photocopies 8.5x11 $0.30/each Photocopies 8.5x11-color $0.75/each Photocopies 11x17 $0.40/each Color 11x17 $1.25/each Blackline/Blueline Prints $3.00/each 24”x36” Mylar Sepias $24.00/each Presentation Binding Cost of expense plus 15% Color Plots- D size $22.00/each D size scans $2.50/each 8.5x11 scans $0.35/each Flash Drives- 8GB $43.00/each P59 VI.b Agreement Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT V 2009 PROFESSIONAL SERVICES City of Aspen Contract No.: 2018-064-01. AGREEMENT made as of 11th day of February, in the year 2019. BETWEEN the City: Contract Amount: The City of Aspen c/o Capital Asset Management 130 South Galena Street Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Phil Vaughan Construction Management Inc. c/o Phil Vaughan 1038 County Road 323 Rifle, CO 81650 Phone: 970-625-5350 For the Following Project: As-needed Development Inspection Services Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council. City Council Approval: Date: ___________________________ Resolution No.:___________________ Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Total: $53,675.00 P60 VI.b Agreement Professional Services Page 1 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 31, 2019. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. Professional may charge the City an additional service charge of 1.5 percent per month of the amount unpaid or the maximum percentage allowed by law, whichever is less, if not paid within thirty (30) days after date of invoice receipt by the City. 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 P61 VI.b Agreement Professional Services Page 2 for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. If the City fails to make payments to the Professional of undisputed amount properly due in accordance with this Agreement, and if the City has not disputed the amount due in any way, the Professional must provide a written notice of such failure. If the City fails to make payment within (14) days of receipt of such notice, such failure shall be considered substantial nonperformance and cause for termination or, at the Professional’s option, cause for suspension of performance of services under this Agreement. If the Professional elects to suspend services, the Professional shall give an additional seven days’ written notice to the City before suspending services. In the event of suspension of services, the Professional shall have no liability to the City for delay for damage caused to the City because of such suspension of services. Before resuming services, the Professional shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Professional’s services. The Professional’s fees for the remaining services and the time schedules shall be equitably adjusted. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands after final judgment of a court of competent jurisdiction or arbitral tribunal. If it is determined by the final judgment of a court of competent jurisdiction or arbitral tribunal that such injury, loss, or damage was caused in whole or P62 VI.b Agreement Professional Services Page 3 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, and a portion of Professional’s defense costs incurred, as determined by the court or arbitral tribunal. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers’ Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of 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 Workers' 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 TWO MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (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 P63 VI.b Agreement Professional Services Page 4 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 ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA 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 P64 VI.b Agreement Professional Services Page 5 CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete 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. Illegal Aliens – CRS 8-17.5-101 & 24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. P65 VI.b Agreement Professional Services Page 6 “Basic Pilot Program” means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. “Public Contract for Services” means this Agreement. “Services” means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. P66 VI.b Agreement Professional Services Page 7 (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) 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. (vii) 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 City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) 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, P67 VI.b Agreement Professional Services Page 8 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. 17. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 18. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an P68 VI.b Agreement Professional Services Page 9 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. 20. Litigation. This contract, and all matters interpreting it and arising under it shall be enforced in, and all parties do now submit to, the exclusive jurisdiction and venue of the District Court, City and County of Pitkin, State of Colorado, in the event any litigation concerning this Agreement, and regardless of where this Agreement may be executed. Each party consents to and agrees to file a general appearance in the event that it receives service of process. 21. Removal Waiver. To the fullest extent permitted by law, City and Professional specifically waive any right to remove any action to United States District Court for the District of Colorado, regardless of the presence of diversity of citizenship among or between the parties. Professional shall include this provision in all of its subcontracts and purchase orders. 22. Attorney Fees. In the event that either party brings legal action to enforce any provision of this Agreement, the prevailing party shall be awarded all of its reasonable costs and expenses, including attorney’s fees, incurred by such party in connection with such action. 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: ____________________________ Date: ___________________ Date: ___________________ P69 VI.b Agreement Professional Services Page 10 Approved as to form: _______________________________ City Attorney’s Office P70 VI.b MEMORANDUM TO: Mayor and City Council FROM: Ryan Loebach, Sr. Project Manager Ron Christian, Electric Superintendent THROUGH: Tyler Christoff, Deputy Director of Utilities Dave Hornbacher, Director of Utilities MEETING DATE: February 11th, 2019 RE: Resolution #20 and #21, Series of 2019 - Three-Phase Transformer Procurement: On-Call Services Contract with WEG Transformers USA and Irby Electrical REQUEST OF COUNCIL: Staff requests Council approval of two on-call transformer procurement contracts. Staff recommends awarding these contracts to WEG Transformers USA and Irby Electrical. BACKGROUND: The operation of the City’s electric distribution system requires periodic maintenance and replacement of transformers to reliably deliver electricity to our customer base. Electric staff currently replace transformers based on development needs, end of service life, and equipment failure. City’s Electrical Utility staff retain an inventory of replacement transformers allowing for rapid replacement and minimal customer disruption. When a given transformer is replaced, this current inventory is utilized to replace the incorrectly-sized, malfunctioned, or damaged transformer. The attached on-call procurement contracts allows the City’s Electrical Utility staff to replace the inventory it uses throughout the year, at the negotiated prices specified in Attachment A and B. DISCUSSION: The City of Aspen advertised and solicited proposals through a competitive bid process. Three bids for single-phase and three-phase transformer procurement were received, reviewed, and evaluated by staff. Both Wesco Distribution and Irby Electrical bids contained transformers with the lowest price for a given transformer type. City Staff prepared contracts with both vendors to allow procurement of each of the transformers listed, see Attachments A and B for a list and associated costs. FINANCIAL/BUDGET IMPACTS: The bid amount for each transformer type are shown in Attachments A and B. Staff intends to use the contract services as-needed. Staff have budgeted the following funding based on procuring those transformers: P71 VI.c Funding Budgeted Electrical System Replacement Account Budget $ 200,000.00 anticipated 2019 Funding (acct # 431.323.81200.57210.50891) Total Funding $ 200,000.00 RECOMMENDED ACTION: Staff requests Council approval of two on-call transformer procurement contracts. Staff recommends awarding these contracts to WEG Transformers USA and Irby Electrical. PROPOSED MOTION: I move to approve Resolutions #020 and #021 of 2019. CITY MANAGER COMMENTS: ATTACHMENTS: Attachment A – Supply Procurement Contract – City of Aspen and WEG Transformers USA Attachment B – Supply Procurement Contract – City of Aspen and Irby Electrical Attachment C – Resolution #020, Irby Electrical Attachment D – Resolution #021, WEG Transformers USA P72 VI.c RESOLUTION # 020 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, AND IRBY ELECTRICAL 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 Electrical Transformer Procurement, between the City of Aspen and Irby Electrical 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 Electrical Transformer Procurement, between the City of Aspen and Irby Electrical, copies of which are annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreements on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of February 2019. Steven Skadron, Mayor I, Linda Manning, 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, February 11, 2019. Linda Manning, City Clerk P73 VI.c RESOLUTION # 021 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, AND WEG TRANSFORMERS USA 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 Electrical Transformer Procurement, between the City of Aspen and WEG Transformers USA 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 Electrical Transformer Procurement, between the City of Aspen and WEG Transformers USA, copies of which are annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreements on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of February 2019. Steven Skadron, Mayor I, Linda Manning, 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, February 11, 2019. Linda Manning, City Clerk P74 VI.c CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2018-120. AGREEMENT made as of 11th day of February, in the year 2019. BETWEEN the City: Contract Amount: The City of Aspen c/o Electric 130 South Galena Street Aspen, Colorado 81611 Phone: (970) 920-5055 And the Vendor: Stuart C Irby c/o ______________________ 5055 Lima Street Denver, CO 80239-2625 303-222-5003 Summary Description of Items to be Purchased: Three phase transformers Exhibits appended and made a part of this Agreement: The City and Vendor agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: February 11, 2019 Resolution No.:___________________ Exhibit A: List of supplies, equipment, or materials to be purchased. Total: Up to $100,000.00 P75 VI.c 1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2. Delivery. (FOB 219 Puppy Smith Road, Aspen, Colorado 81611) [Delivery Address] 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. Manufacturer’s warranty applies. 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 Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. 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 Vendor 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 Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. 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. 10. 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. 11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Vendor 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 P76 VI.c in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (A) Vendor 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 Vendor for the purpose of securing business. (B) Vendor 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) Vendor 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 vendor, 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 Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. 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. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City using 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. P77 VI.c 15. City Council Approval. 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. 16. 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 under this Agreement. Vendor agrees to meet all of the requirements of City’s municipal code, section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor 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. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor 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. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the 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 City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: Attest: P78 VI.c By: __ _________________________ ______________________________ Aspen City Manager Linda Manning, City Clerk _______________________________ Date SUPPLIER: STUART C IRBY By:________________________________ ___________________________________ Title ___________________________________ Date P79 VI.c Exhibit A Supply Procurement Agreement The City of Aspen shall purchase three phase transformers on an as-needed basis throughout the contract period. More specifically, 500 kVA 120/208 V $13,491.00 750 kVA 120/208V $15,398.00 Specifications for all Three-Phase Pad Mount Transformers • Low profile cabinet • Dend front, loop feed • HV 24940 GY/14400 • Taps (2) 2 ½ above and below • Impedance = less than 3% • Oil Type – Mineral • Load Break Switching – 300amp, 2 position (quantity 2) • Drain plus and pressure relief device • Bayonet fuses (quantity 3) • High voltage bushings – 200amp bushing wells (quantity 6) • Inserts – 25 KV load break inserts (quantity 6) The City reserves the right to purchase other transformers on the bid list on an as-needed basis. See the attached bid proposal form. The total amount may not exceed $100,000 during the contract period. The contract expires December 31, 2019. Payment Net 30 P80 VI.c P81 VI.c P82 VI.c P83 VI.c P84 VI.c P85 VI.c P86 VI.c P87 VI.c P88 VI.c P89 VI.c P90 VI.c P91 VI.c P92 VI.c P93 VI.c P94 VI.c P95 VI.c CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2018-120. AGREEMENT made as of 11th day of February, in the year 2019. BETWEEN the City: Contract Amount: The City of Aspen c/o Utilities 130 South Galena Street Aspen, Colorado 81611 Phone: (970) 920-5055 And the Vendor: WEG Transformers USA c/o One Pauwels Drive Washington, Missouri 63090 Phone: 636-239-9300 Summary Description of Items to be Purchased: Various three-phase pad mount transformers on an as-needed basis. 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: January 28m 2019 Resolution No.:___________________ Exhibit A: List of supplies, equipment, or materials to be purchased. Total: Not to exceed $200,000.00 P96 VI.c The City and Vendor agree as set forth below. 1.Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2.Delivery. (FOB 500 Doolittle Drive, Aspen, Colorado) [Delivery Address] 3.Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4.Warranties. Warranty information is included in Exhibit B. 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 Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6.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 Vendor 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 Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7.Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8.Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9.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. 10.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. P97 VI.c 11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Vendor 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 Vendor 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. 12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (A) Vendor 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 Vendor for the purpose of securing business. (B) Vendor 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) Vendor 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 vendor, 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 Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. 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. P98 VI.c 14.Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City using 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. 15.City Council Approval. 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. 16.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 under this Agreement. Vendor agrees to meet all of the requirements of City’s municipal code, section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and federal laws respecting discrimination and unfair employment practices. 17.Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor 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. 18.Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor 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. 19.Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. P99 VI.c IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: Attest: By: __ _________________________ ______________________________ Aspen City Manager Linda Manning, City Clerk _______________________________ Date SUPPLIER: WEG TRANSFORMERS USA By:________________________________ ___________________________________ Title ___________________________________ Date Product & Sales Manager 1/30/2019 P100 VI.c BP1-971.doc *BP1 Page 1 __________________ Contractor’s Initials BID PROPOSAL FORM PROJECT NO. : 2018-120 BID DATE: 2:00pm, December 10, 2018 PROJECT: Transformers for City Electric PROPOSAL SUBMITTED BY: __WEG TRANSFORMERS USA BIDDER BIDDER’S BID PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same item, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the date of bid opening. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. By signing this document, Bidder certifies and represents that at this time: (i)Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii)Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. I hereby acknowledge receipt of ADDENDUM(s) numbered 1 through ______1______. Exhibit A Supply Procurement Agreement P101 VI.c BP1-971.doc *BP1 Page 2 __________________ Contractor’s Initials Description of Item(s) to Be Purchased Three-Phase Pad-mount Transformers: Rated kVA Low Side Voltage Cost per Each Delivery/Shipping Costs Delivery Time in Days Total Cost per Transformer 10 75 kVA 120/208 V $6,102.00 $302.00 56 Days $6,404.00 20 75 kVA 277/480 V $6,203.00 $302.00 56 Days $6,505.00 30 150 kVA 120/208 V $7,020.00 $351.00 56 Days $7,371.00 40 225 kVA 120/208 V $8,028.00 $396.00 56 Days $8,424.00 50 300 kVA 120/208 V $9,191.00 $448.00 56 Days $9,639.00 60 500 kVA 120/208 V $13,077.00 $555.00 56 Days $13,632.00 70 500 kVA 277/480 V $10,739.00 $533.00 56 Days $11,272.00 80 750 kVA 120/208 V $19,055.00 $805.00 56 Days $19,860.00 81 750 kVA 120/208 V $17,819.00 $676.00 56 Days $18,495.00 90 750 kVA 277/480 V $13,367.00 $646.00 56 Days $14,013.00 91 750 kVA 277/480 V $13,083.00 $634.00 56 Days $13,717.00 100 300 kVA 277/480 V $8,675.00 $436.00 56 Days $9,111.00 *Items 81 and 91 are alternates. I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer: Alexa Hoffman , Title: ____DT Account Specialist______________ Full name signature: Company address: 1 Pauwels Drive Washington, MO 63090 Telephone number: __636 – 239 - 9337______________________________ Email Address: __ahoffman@weg.net_______________________________ Attested by: P102 VI.c TECHNICAL SPECS Date: 12/17/2018 Quotation Number: 95925639 Item Number: 10 Printed by Alexa Hoffman on 12/17/2018 WEG Transformers USA One Pauwels Drive, Washington, MO 63090, USA www.weg.net T: 1-636-239-9300 F: 1-636-239-9395 Customer Line No.: Quantity: 1 Unit Price: $6,114.00 Extended Price: $6,114.00 Three Phase Pad-Mount Transformer(s) kVA Rating: 75 kVA Model #: Mineral Oil Immersed Cooling Class: ONAN High-Altitude considerations @ 7908 Feet Frequency: 60 Hz Avg. Winding Temp. 65 °C Primary Voltage: 24940 GrdY/14400 volts Secondary Voltage: 208Y/120 volts Primary BIL Rating: 125 kV Secondary BIL Rating: 30 kV HV Winding Matl: Aluminum LV Winding Matl: Aluminum High Voltage Taps: B Taps - Two 2.5% Taps below Nominal and Two 2.5% Taps above Nominal No Load Loss: 205 Watts Load Loss: 707 Watts Total Loss: 912 Watts Impedance: 2.65 % Tank Enclosure: Welded Cover Cabinet Depth: 19 Inches, Pentahead Security Bolts Steel HV-LV Barrier Bushings: Loop Feed ANSI Minimum Dimensions Dead Front Primary Terminations: Wells 200 Amp, 25 KV, (6) Inserts Secondary Terminations: Epoxy Bushings w/Thread-on 4 Hole Spades Protection: Dual Sensing Bayonet Fusing (3), w/Flapper valve bayonet fuse holder, Plastic Dripshield ( ) Accessories: Pressure Relief Valve Viat 302-060-01N, Drain plug Liquid Level (Sight Gauge) Schrader Valve Switching: H0X0 Grounding Switch, Two 2-Position Line Switches (300 Amps) Paint Color: GREEN (Munsell 7.0GY3.29/1.5), Standards: Quoted in compliance with the latest applicable ANSI standards unless otherwise specified by the customer. Shipment: 8 to 10 weeks P103 VI.c TECHNICAL SPECS Date: 12/17/2018 Quotation Number: 95925639 Item Number: 20 Printed by Alexa Hoffman on 12/17/2018 WEG Transformers USA One Pauwels Drive, Washington, MO 63090, USA www.weg.net T: 1-636-239-9300 F: 1-636-239-9395 Customer Line No.: Quantity: 1 Unit Price: $6,210.00 Extended Price: $6,210.00 Three Phase Pad-Mount Transformer(s) kVA Rating: 75 kVA Model #: Mineral Oil Immersed Cooling Class: ONAN High-Altitude considerations @ 7908 Feet Frequency: 60 Hz Avg. Winding Temp. 65 °C Primary Voltage: 24940 GrdY/14400 volts Secondary Voltage: 480Y/277 volts Primary BIL Rating: 125 kV Secondary BIL Rating: 30 kV HV Winding Matl: Aluminum LV Winding Matl: Aluminum High Voltage Taps: B Taps - Two 2.5% Taps below Nominal and Two 2.5% Taps above Nominal No Load Loss: 210 Watts Load Loss: 687 Watts Total Loss: 897 Watts Impedance: 2.69 % Tank Enclosure: Welded Cover Cabinet Depth: 19 Inches, Pentahead Security Bolts Steel HV-LV Barrier Bushings: Loop Feed ANSI Minimum Dimensions Dead Front Primary Terminations: Wells 200 Amp, 25 KV, (6) Inserts Secondary Terminations: Epoxy Bushings w/Thread-on 4 Hole Spades Protection: Dual Sensing Bayonet Fusing (3), w/Flapper valve bayonet fuse holder, Plastic Dripshield ( ) Accessories: Pressure Relief Valve Viat 302-060-01N, Drain plug Liquid Level (Sight Gauge) Schrader Valve Switching: H0X0 Grounding Switch, Two 2-Position Line Switches (300 Amps) Paint Color: GREEN (Munsell 7.0GY3.29/1.5), Standards: Quoted in compliance with the latest applicable ANSI standards unless otherwise specified by the customer. Shipment: 8 to 10 weeks P104 VI.c TECHNICAL SPECS Date: 12/17/2018 Quotation Number: 95925639 Item Number: 30 Printed by Alexa Hoffman on 12/17/2018 WEG Transformers USA One Pauwels Drive, Washington, MO 63090, USA www.weg.net T: 1-636-239-9300 F: 1-636-239-9395 Customer Line No.: Quantity: 1 Unit Price: $7,037.00 Extended Price: $7,037.00 Three Phase Pad-Mount Transformer(s) kVA Rating: 150 kVA Model #: Mineral Oil Immersed Cooling Class: ONAN High-Altitude considerations @ 7908 Feet Frequency: 60 Hz Avg. Winding Temp. 65 °C Primary Voltage: 24940 GrdY/14400 volts Secondary Voltage: 208Y/120 volts Primary BIL Rating: 125 kV Secondary BIL Rating: 30 kV HV Winding Matl: Aluminum LV Winding Matl: Aluminum High Voltage Taps: B Taps - Two 2.5% Taps below Nominal and Two 2.5% Taps above Nominal No Load Loss: 341 Watts Load Loss: 1301 Watts Total Loss: 1642 Watts Impedance: 2.52 % Tank Enclosure: Welded Cover Cabinet Depth: 19 Inches, Pentahead Security Bolts Steel HV-LV Barrier Bushings: Loop Feed ANSI Minimum Dimensions Dead Front Primary Terminations: Wells 200 Amp, 25 KV, (6) Inserts Secondary Terminations: Epoxy Bushings w/Thread-on 4 Hole Spades Protection: Dual Sensing Bayonet Fusing (3), w/Flapper valve bayonet fuse holder, Plastic Dripshield ( ) Accessories: Pressure Relief Valve Viat 302-060-01N, Drain plug Liquid Level (Sight Gauge) Schrader Valve Switching: H0X0 Grounding Switch, Two 2-Position Line Switches (300 Amps) Paint Color: GREEN (Munsell 7.0GY3.29/1.5), Standards: Quoted in compliance with the latest applicable ANSI standards unless otherwise specified by the customer. Shipment: 8 to 10 weeks P105 VI.c TECHNICAL SPECS Date: 12/17/2018 Quotation Number: 95925639 Item Number: 40 Printed by Alexa Hoffman on 12/17/2018 WEG Transformers USA One Pauwels Drive, Washington, MO 63090, USA www.weg.net T: 1-636-239-9300 F: 1-636-239-9395 Customer Line No.: Quantity: 1 Unit Price: $8,042.00 Extended Price: $8,042.00 Three Phase Pad-Mount Transformer(s) kVA Rating: 225 kVA Model #: Mineral Oil Immersed Cooling Class: ONAN High-Altitude considerations @ 7908 Feet Frequency: 60 Hz Avg. Winding Temp. 65 °C Primary Voltage: 24940 GrdY/14400 volts Secondary Voltage: 208Y/120 volts Primary BIL Rating: 125 kV Secondary BIL Rating: 30 kV HV Winding Matl: Aluminum LV Winding Matl: Aluminum High Voltage Taps: B Taps - Two 2.5% Taps below Nominal and Two 2.5% Taps above Nominal No Load Loss: 461 Watts Load Loss: 1812 Watts Total Loss: 2273 Watts Impedance: 2.26 % Tank Enclosure: Welded Cover Cabinet Depth: 19 Inches, Pentahead Security Bolts Steel HV-LV Barrier Bushings: Loop Feed ANSI Minimum Dimensions Dead Front Primary Terminations: Wells 200 Amp, 25 KV, (6) Inserts Secondary Terminations: Epoxy Bushings w/Thread-on 4 Hole Spades Protection: Dual Sensing Bayonet Fusing (3), w/Flapper valve bayonet fuse holder, Plastic Dripshield ( ) Accessories: Pressure Relief Valve Viat 302-060-01N, Drain plug Liquid Level (Sight Gauge) Schrader Valve Switching: H0X0 Grounding Switch, Two 2-Position Line Switches (300 Amps) Paint Color: GREEN (Munsell 7.0GY3.29/1.5), Standards: Quoted in compliance with the latest applicable ANSI standards unless otherwise specified by the customer. Shipment: 8 to 10 weeks P106 VI.c TECHNICAL SPECS Date: 12/17/2018 Quotation Number: 95925639 Item Number: 50 Printed by Alexa Hoffman on 12/17/2018 WEG Transformers USA One Pauwels Drive, Washington, MO 63090, USA www.weg.net T: 1-636-239-9300 F: 1-636-239-9395 Customer Line No.: Quantity: 1 Unit Price: $9,202.00 Extended Price: $9,202.00 Three Phase Pad-Mount Transformer(s) kVA Rating: 300 kVA Model #: Mineral Oil Immersed Cooling Class: ONAN High-Altitude considerations @ 7908 Feet Frequency: 60 Hz Avg. Winding Temp. 65 °C Primary Voltage: 24940 GrdY/14400 volts Secondary Voltage: 208Y/120 volts Primary BIL Rating: 125 kV Secondary BIL Rating: 30 kV HV Winding Matl: Aluminum LV Winding Matl: Aluminum High Voltage Taps: B Taps - Two 2.5% Taps below Nominal and Two 2.5% Taps above Nominal No Load Loss: 556 Watts Load Loss: 2401 Watts Total Loss: 2957 Watts Impedance: 254 % Tank Enclosure: Welded Cover Cabinet Depth: 19 Inches, Pentahead Security Bolts Steel HV-LV Barrier Bushings: Loop Feed ANSI Minimum Dimensions Dead Front Primary Terminations: Wells 200 Amp, 25 KV, (6) Inserts Secondary Terminations: Epoxy Bushings w/Thread-on 4 Hole Spades Protection: Dual Sensing Bayonet Fusing (3), w/Flapper valve bayonet fuse holder, Plastic Dripshield ( ) Accessories: Pressure Relief Valve Viat 302-060-01N, Drain plug Liquid Level (Sight Gauge) Schrader Valve Switching: H0X0 Grounding Switch, Two 2-Position Line Switches (300 Amps) Paint Color: GREEN (Munsell 7.0GY3.29/1.5), Standards: Quoted in compliance with the latest applicable ANSI standards unless otherwise specified by the customer. Shipment: 8 to 10 weeks P107 VI.c TECHNICAL SPECS Date: 12/17/2018 Quotation Number: 95925639 Item Number: 60 Printed by Alexa Hoffman on 12/17/2018 WEG Transformers USA One Pauwels Drive, Washington, MO 63090, USA www.weg.net T: 1-636-239-9300 F: 1-636-239-9395 Customer Line No.: Quantity: 1 Unit Price: $13,010.00 Extended Price: $13,010.00 Three Phase Pad-Mount Transformer(s) kVA Rating: 500 kVA Model #: Mineral Oil Immersed Cooling Class: ONAN High-Altitude considerations @ 7908 Feet Frequency: 60 Hz Avg. Winding Temp. 65 °C Primary Voltage: 24940 GrdY/14400 volts Secondary Voltage: 208Y/120 volts Primary BIL Rating: 125 kV Secondary BIL Rating: 30 kV HV Winding Matl: Aluminum LV Winding Matl: Copper High Voltage Taps: B Taps - Two 2.5% Taps below Nominal and Two 2.5% Taps above Nominal No Load Loss: 755 Watts Load Loss: 3812 Watts Total Loss: 4567 Watts Impedance: 2.53 % Tank Enclosure: Welded Cover Cabinet Depth: 19 Inches, Pentahead Security Bolts Steel HV-LV Barrier Bushings: Loop Feed ANSI Minimum Dimensions Dead Front Primary Terminations: Wells 200 Amp, 25 KV, (6) Inserts Secondary Terminations: Epoxy Bushings w/Thread-on 6 Hole Spades Protection: Dual Sensing Bayonet Fusing (3), w/Flapper valve bayonet fuse holder, Plastic Dripshield ( ) Accessories: Pressure Relief Valve Viat 302-060-01N, Drain plug Liquid Level (Sight Gauge) Schrader Valve Switching: H0X0 Grounding Switch, Two 2-Position Line Switches (300 Amps) Paint Color: GREEN (Munsell 7.0GY3.29/1.5), Standards: Quoted in compliance with the latest applicable ANSI standards unless otherwise specified by the customer. Shipment: 8 to 10 weeks P108 VI.c TECHNICAL SPECS Date: 12/17/2018 Quotation Number: 95925639 Item Number: 70 Printed by Alexa Hoffman on 12/17/2018 WEG Transformers USA One Pauwels Drive, Washington, MO 63090, USA www.weg.net T: 1-636-239-9300 F: 1-636-239-9395 Customer Line No.: Quantity: 1 Unit Price: $10,761.00 Extended Price: $10,761.00 Three Phase Pad-Mount Transformer(s) kVA Rating: 500 kVA Model #: Mineral Oil Immersed Cooling Class: ONAN High-Altitude considerations @ 7908 Feet Frequency: 60 Hz Avg. Winding Temp. 65 °C Primary Voltage: 24940 GrdY/14400 volts Secondary Voltage: 480Y/277 volts Primary BIL Rating: 125 kV Secondary BIL Rating: 30 kV HV Winding Matl: Aluminum LV Winding Matl: Aluminum High Voltage Taps: B Taps - Two 2.5% Taps below Nominal and Two 2.5% Taps above Nominal No Load Loss: 859 Watts Load Loss: 3412 Watts Total Loss: 4271 Watts Impedance: 2.56 % Tank Enclosure: Welded Cover Cabinet Depth: 19 Inches, Pentahead Security Bolts Steel HV-LV Barrier Bushings: Loop Feed ANSI Minimum Dimensions Dead Front Primary Terminations: Wells 200 Amp, 25 KV, (6) Inserts Secondary Terminations: Epoxy Bushings w/Thread-on 4 Hole Spades Protection: Dual Sensing Bayonet Fusing (3), w/Flapper valve bayonet fuse holder, Plastic Dripshield ( ) Accessories: Pressure Relief Valve Viat 302-060-01N, Drain plug Liquid Level (Sight Gauge) Schrader Valve Switching: H0X0 Grounding Switch, Two 2-Position Line Switches (300 Amps) Paint Color: GREEN (Munsell 7.0GY3.29/1.5), Standards: Quoted in compliance with the latest applicable ANSI standards unless otherwise specified by the customer. Shipment: 8 to 10 weeks P109 VI.c TECHNICAL SPECS Date: 12/17/2018 Quotation Number: 95925639 Item Number: 80 Printed by Alexa Hoffman on 12/17/2018 WEG Transformers USA One Pauwels Drive, Washington, MO 63090, USA www.weg.net T: 1-636-239-9300 F: 1-636-239-9395 Customer Line No.: Quantity: 1 Unit Price: $18,953.00 Extended Price: $18,953.00 Three Phase Pad-Mount Transformer(s) kVA Rating: 750 kVA Model #: Mineral Oil Immersed Cooling Class: ONAN High-Altitude considerations @ 7908 Feet Frequency: 60 Hz Avg. Winding Temp. 65 °C Primary Voltage: 24940 GrdY/14400 volts Secondary Voltage: 208Y/120 volts Primary BIL Rating: 125 kV Secondary BIL Rating: 30 kV HV Winding Matl: Aluminum LV Winding Matl: Copper High Voltage Taps: B Taps - Two 2.5% Taps below Nominal and Two 2.5% Taps above Nominal No Load Loss: 863 Watts Load Loss: 5989 Watts Total Loss: 6852 Watts Impedance: 5.73 % Tank Enclosure: Welded Cover Cabinet Depth: 19 Inches, Pentahead Security Bolts Steel HV-LV Barrier Bushings: Loop Feed ANSI Minimum Dimensions Dead Front Primary Terminations: Wells 200 Amp, 25 KV, (6) Inserts Secondary Terminations: Epoxy Bushings w/Non-removable 10 Hole Spades, Spade Support Protection: Dual Sensing Bayonet Fusing (3), w/Flapper valve bayonet fuse holder, Plastic Dripshield ( ) Accessories: Pressure Relief Valve Viat 302-060-01N, Drain valve w/Sampler Liquid Level (Sight Gauge) Schrader Valve Switching: H0X0 Grounding Switch, Two 2-Position Line Switches (300 Amps) Paint Color: GREEN (Munsell 7.0GY3.29/1.5), Standards: Quoted in compliance with the latest applicable ANSI standards unless otherwise specified by the customer. Shipment: 8 to 10 weeks P110 VI.c TECHNICAL SPECS Date: 12/17/2018 Quotation Number: 95925639 Item Number: 81 Printed by Alexa Hoffman on 12/17/2018 WEG Transformers USA One Pauwels Drive, Washington, MO 63090, USA www.weg.net T: 1-636-239-9300 F: 1-636-239-9395 Customer Line No.: Alt. Losses & Impedance Quantity: 1 Unit Price: $17,647.00 Extended Price: $17,647.00 Three Phase Pad-Mount Transformer(s) kVA Rating: 750 kVA Model #: Mineral Oil Immersed Cooling Class: ONAN High-Altitude considerations @ 7908 Feet Frequency: 60 Hz Avg. Winding Temp. 65 °C Primary Voltage: 24940 GrdY/14400 volts Secondary Voltage: 208Y/120 volts Primary BIL Rating: 125 kV Secondary BIL Rating: 30 kV HV Winding Matl: Aluminum LV Winding Matl: Copper High Voltage Taps: B Taps - Two 2.5% Taps below Nominal and Two 2.5% Taps above Nominal No Load Loss: 900 Watts Load Loss: 5866 Watts Total Loss: 6766 Watts Impedance: 3.99 % Tank Enclosure: Welded Cover Cabinet Depth: 19 Inches, Pentahead Security Bolts Steel HV-LV Barrier Bushings: Loop Feed ANSI Minimum Dimensions Dead Front Primary Terminations: Wells 200 Amp, 25 KV, (6) Inserts Secondary Terminations: Epoxy Bushings w/Non-removable 10 Hole Spades, Spade Support Protection: Dual Sensing Bayonet Fusing (3), w/Flapper valve bayonet fuse holder, Plastic Dripshield ( ) Accessories: Pressure Relief Valve Viat 302-060-01N, Drain valve w/Sampler Liquid Level (Sight Gauge) Schrader Valve Switching: H0X0 Grounding Switch, Two 2-Position Line Switches (300 Amps) Paint Color: GREEN (Munsell 7.0GY3.29/1.5), Standards: Quoted in compliance with the latest applicable ANSI standards unless otherwise specified by the customer. Shipment: 8 to 10 weeks P111 VI.c TECHNICAL SPECS Date: 12/17/2018 Quotation Number: 95925639 Item Number: 90 Printed by Alexa Hoffman on 12/17/2018 WEG Transformers USA One Pauwels Drive, Washington, MO 63090, USA www.weg.net T: 1-636-239-9300 F: 1-636-239-9395 Customer Line No.: Quantity: 1 Unit Price: $13,377.00 Extended Price: $13,377.00 Three Phase Pad-Mount Transformer(s) kVA Rating: 750 kVA Model #: Mineral Oil Immersed Cooling Class: ONAN High-Altitude considerations @ 7908 Feet Frequency: 60 Hz Avg. Winding Temp. 65 °C Primary Voltage: 24940 GrdY/14400 volts Secondary Voltage: 480Y/277 volts Primary BIL Rating: 125 kV Secondary BIL Rating: 30 kV HV Winding Matl: Aluminum LV Winding Matl: Aluminum High Voltage Taps: B Taps - Two 2.5% Taps below Nominal and Two 2.5% Taps above Nominal No Load Loss: 961 Watts Load Loss: 5689 Watts Total Loss: 6650 Watts Impedance: 5.69 % Tank Enclosure: Welded Cover Cabinet Depth: 19 Inches, Pentahead Security Bolts Steel HV-LV Barrier Bushings: Loop Feed ANSI Minimum Dimensions Dead Front Primary Terminations: Wells 200 Amp, 25 KV, (6) Inserts Secondary Terminations: Epoxy Bushings w/Thread-on 6 Hole Spades Protection: Dual Sensing Bayonet Fusing (3), w/Flapper valve bayonet fuse holder, Plastic Dripshield ( ) Accessories: Pressure Relief Valve Viat 302-060-01N, Drain valve w/Sampler Liquid Level (Sight Gauge) Schrader Valve Switching: H0X0 Grounding Switch, Two 2-Position Line Switches (300 Amps) Paint Color: GREEN (Munsell 7.0GY3.29/1.5), Standards: Quoted in compliance with the latest applicable ANSI standards unless otherwise specified by the customer. Shipment: 8 to 10 weeks P112 VI.c TECHNICAL SPECS Date: 12/17/2018 Quotation Number: 95925639 Item Number: 91 Printed by Alexa Hoffman on 12/17/2018 WEG Transformers USA One Pauwels Drive, Washington, MO 63090, USA www.weg.net T: 1-636-239-9300 F: 1-636-239-9395 Customer Line No.: Alt. Losses & Impedance Quantity: 1 Unit Price: $13,094.00 Extended Price: $13,094.00 Three Phase Pad-Mount Transformer(s) kVA Rating: 750 kVA Model #: Mineral Oil Immersed Cooling Class: ONAN High-Altitude considerations @ 7908 Feet Frequency: 60 Hz Avg. Winding Temp. 65 °C Primary Voltage: 24940 GrdY/14400 volts Secondary Voltage: 480Y/277 volts Primary BIL Rating: 125 kV Secondary BIL Rating: 30 kV HV Winding Matl: Aluminum LV Winding Matl: Aluminum High Voltage Taps: B Taps - Two 2.5% Taps below Nominal and Two 2.5% Taps above Nominal No Load Loss: 987 Watts Load Loss: 5598 Watts Total Loss: 6585 Watts Impedance: 4 % Tank Enclosure: Welded Cover Cabinet Depth: 19 Inches, Pentahead Security Bolts Steel HV-LV Barrier Bushings: Loop Feed ANSI Minimum Dimensions Dead Front Primary Terminations: Wells 200 Amp, 25 KV, (6) Inserts Secondary Terminations: Epoxy Bushings w/Thread-on 6 Hole Spades Protection: Dual Sensing Bayonet Fusing (3), w/Flapper valve bayonet fuse holder, Plastic Dripshield ( ) Accessories: Pressure Relief Valve Viat 302-060-01N, Drain valve w/Sampler Liquid Level (Sight Gauge) Schrader Valve Switching: H0X0 Grounding Switch, Two 2-Position Line Switches (300 Amps) Paint Color: GREEN (Munsell 7.0GY3.29/1.5), Standards: Quoted in compliance with the latest applicable ANSI standards unless otherwise specified by the customer. Shipment: 8 to 10 weeks P113 VI.c TECHNICAL SPECS Date: 12/17/2018 Quotation Number: 95925639 Item Number: 100 Printed by Alexa Hoffman on 12/17/2018 WEG Transformers USA One Pauwels Drive, Washington, MO 63090, USA www.weg.net T: 1-636-239-9300 F: 1-636-239-9395 Customer Line No.: Quantity: 1 Unit Price: $8,698.00 Extended Price: $8,698.00 Three Phase Pad-Mount Transformer(s) kVA Rating: 300 kVA Model #: Mineral Oil Immersed Cooling Class: ONAN High-Altitude considerations @ 7908 Feet Frequency: 60 Hz Avg. Winding Temp. 65 °C Primary Voltage: 24940 GrdY/14400 volts Secondary Voltage: 480Y/277 volts Primary BIL Rating: 125 kV Secondary BIL Rating: 30 kV HV Winding Matl: Aluminum LV Winding Matl: Aluminum High Voltage Taps: B Taps - Two 2.5% Taps below Nominal and Two 2.5% Taps above Nominal Impedance: 2.66 % Tank Enclosure: Welded Cover Cabinet Depth: 19 Inches, Pentahead Security Bolts Steel HV-LV Barrier Bushings: Loop Feed ANSI Minimum Dimensions Dead Front Primary Terminations: Wells 200 Amp, 25 KV, (6) Inserts Secondary Terminations: Epoxy Bushings w/Thread-on 4 Hole Spades Protection: Dual Sensing Bayonet Fusing (3), w/Flapper valve bayonet fuse holder, Plastic Dripshield ( ) Accessories: Pressure Relief Valve Viat 302-060-01N, Drain plug Liquid Level (Sight Gauge) Schrader Valve Switching: H0X0 Grounding Switch, Two 2-Position Line Switches (300 Amps) Paint Color: GREEN (Munsell 7.0GY3.29/1.5), Standards: Quoted in compliance with the latest applicable ANSI standards unless otherwise specified by the customer. Shipment: 8 to 10 weeks P114 VI.c WEG Transformers USA One Pauwels Drive, Washington Missouri 63090, USA T: +1 (636) 239-9300 F: +1 (636) 239-9395 www.weg.net/us COMMERCIAL TERMS: WEG Transformers USA LLC is an ISO certified company. COMMERCIAL NOTES: This Proposal is based on our interpretation of any Specifications, Drawings, and/or other information provided to WEG. Accuracy and completeness is the sole responsibility of the Distributor, Contractor, and End User. If any item or service is not listed it is not included nor implied to be. All items or services not shown or listed will be the responsibility of the Distributor, Contractor, and End User to furnish or provide. Upon order entry by WEG, the transformer will be acknowledged to ship at the quoted lead time or the best available lead time. Lead times quoted are based on accurate and complete information from the customer. If additional information or clarifications are required, a delayed response from the customer may affect the ship date(s) of the unit(s). WEG cannot be held accountable for such delays. TECHNICAL NOTES: Our proposal is valid for the equipment specifically described in the attached WEG Technical Specs. Adding of any required design features not included in our Technical Specs at time of proposal may result in revisions to the proposed price, delivery time, or any other particulars related to the herewith submitted proposal. The proposed equipment shall be based on application at an altitude of 8000 feet or higher. All Transformers are shipped with our standard Operations and Maintenance manual, unless otherwise indicated. Impedance (%IZ nominal) and/or losses quoted are subject to the applicable ANSI tolerances. Average sound level shall not exceed NEMA standards. Rubber Goods such as primary elbow connectors, portable insulated standoff bushings, dead-end caps/plugs, as well as items such as hot sticks, hook sticks, padlocks, and special tools unless specified in the BOM, are Purchaser supplied. For Delta configured transformers, core design shall be 3-legged stacked and not 5-legged wound type. Annealing for our stacked designs is “not required”. SHIPPING NOTES: Shipment will be made according to the quoted lead times after complete order information is received by the factory, inclusive of approval/record type drawings when requested at time of order. Should standard approval drawings be required, they can be emailed 2-3 weeks ARO. All prices are for shipments arriving by truck at Purchaser’s site, Mon- Fri, 8AM-5PM. If alternative delivery is required, freight price adders may apply. Purchaser should advise at or before time of order of any special requirements. TESTING: This proposal includes standard factory testing. These tests are standard routine test as defined by the latest IEEE C57.12.00 and C57.12.90 standards. Pricing includes WEG “standard” factory tests below: Winding Resistance Measurements Ratio Test and phase relation No-Load Loss and Excitation Current Load Losses and Impedance Voltage Low Frequency Test Applied Voltage on Secondary Applied Voltage on Primary (Delta connected only) Induced Voltage Phase Relation Lightning Impulse Testing Auxiliary Wiring Dielectric Bushing Current Transformer Standard Lead Test of Fully Assembled Transformer Mechanical Inspection Accuracy of test equipment is within +/- 3% traceable to national Bureau of Standards and calibrated annually. Additional testing beyond those listed will incur fees per schedule. Certified test reports can be provided at no additional charge upon indication at time of purchase order placement. Price adders will be incurred per schedule for items such as witness testing, special tests, inspections, etc. CANCELLATION SCHEDULE: If an order cancellation occurs after award, penalties will apply per WEG Cancellation Schedule. STATUS SALES PRICE Order Acknowledged 5% Order Scheduled 10% Engineering -Drawings issued 15% Production Control -Final material ordered 30% -Schedules issued to the plant 35% Transformer Production -Tank started 50% -Core started 65% -Coil started 75% -Core & Coil assembly 100% -Unit in the oven 100% -Unit tanked 100% -Unit tested 100% -Unit in final assembly 100% -Unit dock 100% Unit Shipped 100% PROPOSAL NOTES P115 VI.c WARRANTY: Company (WEG) warrants to Purchaser (City of Aspen) that the equipment to be delivered to Purchaser will be free from defects in material and workmanship when used under proper and normal use for a period of twelve (12) months after the equipment is put into service. Not to exceed eighteen (18) months from the date the equipment is delivered (whether by sale, lease or rental). Organic insulation materials are sold with the express understanding that their life and fitness for purpose are indeterminate and largely depend on application and operating circumstances and continuing maintenance. Should any failure to conform to the above (or to any additional warranty contained in the special conditions of sale set forth in the applicable product-line price sheet) appear with within one (1) year after the date of shipment by Company, the Company agrees, upon prompt notification thereof and conformation that the equipment has been stored, installed, operated and maintained in accordance with recommendations of the Company and standard industry practice, to correct the nonconformity at Company’s option either by repairing any defective part or parts or by making available at Company’s plant a repaired or replacement part. The Warranty does not and shall not include reimbursement for the expenses which may be incurred by Purchaser. Before any material is returned, Purchaser must contact Company, as outlined under Returned Goods. No warranty is made with respect to equipment not manufactured by Company, such being subject only to warranties made by their respective manufacturers. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL OR IMPLIED (INCLUDING ANY WARRANTY ON MERCHANTABILITY OR FITNESS FOR PURPOSE). THE ONLY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE ARE THOSE EXPRESSED ABOVE AND THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE. P116 VI.c MEMORANDUM TO: Mayor and City Council FROM: Linda Manning, City Clerk DATE OF MEMO: February 6, 2019 MEETING DATE: February 11, 2019 RE: Resolution #24, Series of 2019 – Authorizing Pete Strecker, Finance Director, to execute transactions SUMMARY: This is for the City Council to authorize Pete Strecker, finance director to execute transactions for the City of Aspen. DISCUSSION: City Council appointed Pete Strecker as the Director of Finance via Resolution 141, Series of 2018. As such, he has authority to execute transaction requests with respect to purchasing, selling, and endorsing for transfer, and assigning certificates representing bonds and other securities now registered or hereafter registered in the name of the City of Aspen. The attached resolution formally authorizes Pete to execute such transactions. RECOMMENDED ACTION: Staff is recommending approval of Resolution #24, Series of 2019. Approval of the consent calendar will adopt this resolution. P117 VI.d RESOLUTION #24 (SERIES OF 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AUTHORIZING PETE STRECKER, THE FINANCE DIRECTOR TO EXECUTE TRANSACTION REQUESTS WITH RESPECT TO PURCHASING, SELLING, ENDORSING FOR TRANSFER, AND ASSIGNING CERTIFICATES REPRESENTING BONDS AND OTHER SECURITIES NOW REGISTERED OR HEREAFTER REGISTERED IN THE NAME OF THE CITY OF ASPEN. WHEREAS, Section 6.7 of the Home Rule Charter for the City of Aspen provides that the City shall have a Director of Finance who shall be appointed by the City Manager with approval of Council; and WHEREAS, Pete Strecker has been appointed as Director of Finance via Resolution 141, Series of 2018; and WHEREAS, Section 6.8 of the Home Rule Charter for the City of Aspen provides that the Director of Finance shall be the City Treasurer, keep and supervise all accounts; receive and have custody of all monies of the City, make and keep public records of the City; and WHEREAS, The City Council desires to authorize Pete Strecker, the Director of Finance to execute transaction requests with respect to purchasing, selling, endorsing for transfer, and assigning certificates representing bonds and other securities now registered or hereafter, registered in the name of the City of Aspen. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That Pete Strecker, the Director of Finance is hereby authorized to execute transaction requests with respect to purchasing, selling, endorsing for transfer, and assigning certificates representing bonds and other securities now registered or hereafter, registered in the name of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of February 2019. Steven Skadron, Mayor I, Linda Manning, 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 February 11, 2019. Linda Manning, City Clerk P118 VI.d P119 VI.d Regular Meeting Aspen City Council January 28, 2019 1 CITIZEN COMMENTS ............................................................................................................................... 2 CITY COUNCIL COMMENTS ................................................................................................................... 2 CITY MANAGER COMMENTS ................................................................................................................ 3 BOARD REPORTS ...................................................................................................................................... 3 CONSENT CALENDAR ............................................................................................................................. 3  Resolution #14, Series of 2019 –Separation, Release and Waiver Agreement for Steve Barwick ....... 4  Minutes – January 14, 2019 .................................................................................................................. 4 ORDINANCE #1 SERIES OF 2019 – Small Lodge Preservation Program Extension ................................ 4 RESOLUTION #11, SERIES OF 2019 – 730 E Cooper Ave (Base 1) Extension of Vested Rights ........... 5 RESOLUTION #12, SERIES OF 2019 – 330 E Main St – Hotel Jerome – Temporary Use Request ......... 5 RESOLUTION #13, SERIES OF 2019 – Wireless Regulations Policy Resolution ..................................... 5 ORDINANCE #3, SERIES OF 2019 – Refinancing Existing Castle Creek Energy Center Debt to Achieve Interest Rate Savings and a Shorter Remaining Duration ............................................................................. 5 EXECUTIVE SESSION ............................................................................................................................... 5 P120 VI.e Regular Meeting Aspen City Council January 28, 2019 2 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Myrin, Frisch and Mullins present. CITIZEN COMMENTS 1. Cindy Houben, resident at Midland Park Place affordable housing, said they want to make the public and council aware of projects that have been approved and that are in the process of P&Z approval, 404 Park and Aspen Hills. These projects are allowed to be under parked by 40%. At least 50 cars will be under parked in that area. Midland Park has one space per bedroom. There are letters circulating that you will see. She has photos from yesterday. There are 16 spaces in the winter that are viable and 20 when snow is not there. There are 7 to 9 spaces for public parking during the day. We do not feel that zone parking is the solution. We are in great jeopardy of having no affordable housing approved if we can’t get a handle on the parking situation. Consider calling this project up and say no to further projects until there are parking solutions. She submitted letters to the clerk. Councilman Frisch said regardless of what happens, the parking is being looked at in general as why this zone hasn’t been looked at. Jessica Garrow, community development said call up only applies to commercial and historic preservation. This is not something council can chose to call up. It is a zone district and review process where it has been zoned. It could come to council as an appeal. Councilman Frisch said the parking could be changed in a matter of months, the land use code as it relates to parking could take longer. Jim True, city attorney, said it would not apply to those projects. Councilwoman Mullins said she was there on Saturday, with the snow the plows can’t clear the parking. The residents have interesting ideas on solutions. We should take a look at the code. Mayor Skadron said remind us what the code says allowing to under park affordable housing. Ms. Garrow said it is not an under park. The moratorium kept the minimums and introduced maximums. It allowed for multi modal mediums to offset the need for parking and clarify when cash in lieu could be used. You can have a certain percent on site, multi modal and cash in lieu. In the past a neighbor has appealed a decision made by the board. Councilman Myrin said on parking, the code is identical a bock from city hall or a neighborhood with no parking. Ms. Garrow said inside the river and outside is different. We recognize there needs to be some changes. Councilman Myrin said I think Cindy is right. Parking could have a negative impact on our programs going forward. 2. Steve Hach, resident of smuggler grove, said he agrees with Cindy about additional parking. Multi modal might get people not to use a car but they still have a car that needs parked. There are too many developments using the parking. There is no parking enforcement there either. 3. Phyllis Bronson said Steve Barwick wrote a memo about two months ago about the ski history museum for the proposed Lift One project. To me it got swept under the rug. I haven’t heard a word about this memo. Whatever the virtues of the potential project the ski museum is being subsidized to show preferential treatment to the developers and I don’t think it is right. 4. Lee Mulcahy said he and his mom are leaving for Kenya March 1st. Lee showed a video from a BOCC meeting. He again asked council for a hearing on his housing. 5. Bob Morris said he doesn’t understand someone suing the city about zoning when they bought a piece of property zoned a certain way. If you want to make those changes great, now all the commercial properties see a precedent. The same party is coming to you asking for a favor to extend property rights. In the last two months I’ve had two rooms destroyed. We had a great time with the X games until this morning when someone put a quart of motor oil in the pool and jacuzzi. CITY COUNCIL COMMENTS Councilwoman Mullins said in response to Phyllis, Barwick’s memo was presented at the meeting and was covered extensively in both papers and is available to the public. It hasn’t been swept under the rug. She has been knocking on doors and it is a very valuable exercise. The themes that are coming out P121 VI.e Regular Meeting Aspen City Council January 28, 2019 3 include congestion, wanting transportation options and affordable housing. She attended the Aspen Hall of Fame dinner where Matthew and Kay Busckbaum, John Busch and Dr. Barry Mink were honored. The videos were educational, fun and she is glad she could go. Councilman Fisch gave a hats off to the hall of fame organizers and the board of directors and the fine men and women at Ski Co for putting on a great weekend. There was a 5 year extension of X Games. Tomorrow is a work session about housing. There is a staff memo talking about possible production options for the future. I sent a note to staff and the Mayor about things I’ve been thinking about including APCHA governance. We had a meeting on December 10th with the BOCC. We will meet again the following Tuesday. There is the certificate program and balancing affordable housing waivers and reductions with HPC and the lodging program. There is the discussions about decision making process and HPC and P&Z. Chris Everson will have some conversation about production that is in the memo. Councilman Myrin said I ran four years ago about trying to get change at the top. I didn’t think it would be 35 days before the ballots went out and the same night as the biggest land use approval in years. Phyllis was right about the memo. This memo carried a lot of weight in my mind. I was on the losing side of that vote. Mayor Skadron thanked Ski Co, ESPN, the athletes, fans, bus drivers and hoteliers for a great X games and looks forward to another 5 years. It is an excellent winter and the snow is wonderful. CITY MANAGER COMMENTS Alissa Farrell, human resources, spoke about the RFP for the city manager recruitment. There is a work session on February 4th. She has a draft prepared based on council feedback thus far. She has a goal of insulating any potential, specifically Sara Ott, candidates. She has not requested any feedback from Sara. Clint Kinney and John Peacock have reviewed the RFP and provided feedback. Sara Ott, assistant city manager, told the council she will have a project list on the 31st. The packet included a new kind of packet information that is only an update that does not require council feedback. This one included an update on the citizen survey and capital projects updates. On APCHA governance, there would be some value in taking time tomorrow to verify council’s position on the 6 key business points. Mayor Skadron said there are three points to the work session tomorrow. One is to prep for the meeting with the BOCC. There is a request from council to look at all our building options BOARD REPORTS Mayor Skadron said he attended the CAST meeting that Teton Village hosted. It was a compelling meeting. They discussed the Jackson Hole air travel program. Each business contributes into a fund that goes to air service. There was a transportation panel on TDM. They do not have the benefit of a system like we do. They talked about emergency preparedness, they had some issues with forest fires. Global sustainable tourism discussion and toured the park and rides. They checked in with the search and rescue facility. They have a new mobile cell phone tower that goes in the helicopter during search and rescue. They also got an update from their ski company. They have a cable car that runs and added two gondolas. CONSENT CALENDAR Rest #14 – Separation, release and waiver agreement for Steve Barwick Mr. True said we addressed all the terms that were publicly discussed at the last meeting. P122 VI.e Regular Meeting Aspen City Council January 28, 2019 4 · Resolution #14, Series of 2019 –Separation, Release and Waiver Agreement for Steve Barwick · Minutes – January 14, 2019 Councilman Frisch moved to adopt the consent calendar; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE #1 SERIES OF 2019 – Small Lodge Preservation Program Extension Councilwoman Mullins asked him to explain boutique lodges, how many, recent, any more on line. Why are they essentially eliminated from the program. Mr. True said Phillip and I miscommunicated when reviewing the proposed ordinance 1. I was looking at this as an extension when they were proposing some minor changes, specifically on page 17. When I was redoing the ordinance to address some issues I had I changed more than I should have. What I would suggest is read it and pass it and recognize there are more changes that will be added and brought back at the public hearing. Phillip Supino, community development, said in addition to extending the sunset date, we also looked at changing the word rooms to keys. Keys being a smaller configuration than rooms. Another change is ensuring boutique lodges are very clearly stated as not being eligible to participate in the program. Councilman Frisch said boutique implies some version of size, smaller and cost, expensive. Are you trying to not use size as the determinant. While boutique is used for marketing I don’t think it has a legal standing. Mr. Supino said the land use code has a distinction for boutique, less than 14 units and missing typical amenities of a typical lodge operation. In fall of 2017 the objection was to make a distinction between a typical lodge and something with a smaller footprint and something assessable to the public and not as many amenities provided to its guest. Councilman Frisch said I want some clarity. Reading lodging here I think staff is trying to suggest L with a capital L and a lodging product. I want some clarity with what staff is trying to take away from. There are a lot of lodging products that don’t have concierge and meeting spaces. We need to be more clear as to what we are trying to do. Councilwoman Mullins said she would be ok with the three changes. Mr. Supino said there is a table that outlines the lodges that were originally approved. This would memorialize the two additional lodges. Mr. True said there is a motion and the motion to pass should contain the three points plus the addition of the two lodges. Councilman Myrin said the table in the ordinance has a fixed number of lodges. This doesn’t create new development. Mr. Supino replied not in any way. Councilman Myrin said the room to key change, what is the goal. Mr. Supino said key is a smaller configuration than rooms. Were there a configuration where a lodge could meet the 50 rooms but has 75 keys it would not keep with the original intent. Councilman Frisch said it makes it harder to qualify. Councilwoman Mullins moved to read Ordinance #1, Series of 2019; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO.1 (SERIES OF 2019) AN ORDINANCE OF THE ASPEN CITY COUNCIL EXTENDING THE SMALL LODGE PRESERVATION PROGRAM TO ASSIST SMALL LODGES TO CONTINUE OPERATING AS SMALL LODGES P123 VI.e Regular Meeting Aspen City Council January 28, 2019 5 Councilwoman Mullins moved to adopt Ordinance #1, Series of 2019 with amendments on first reading; seconded by Councilman Frisch. Roll call vote. Councilmembers Myrin, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. RESOLUTION #11, SERIES OF 2019 – 730 E Cooper Ave (Base 1) Extension of Vested Rights Councilman Myrin said we heard about parking tonight. Parking by City Market is the last place anyone wants parking removed. Whatever ends up here we need to be mindful of not having parking displaced. There is a rumor that Base 1 might convert to commercial and affordable housing on the 2nd and 3rd floors. I’m just wondered if there is any direction to that. The question in another month is give us more time. Mayor Skadron said you want to ask the applicant if their application is changing. Councilman Myrin said maybe some work can be done in the next month. Ms. Garrow said because we can’t have a discussion I would suggest it gets held. Mr. True said it seems to be a yes or no question. Chris Bendon, representing the applicant, said the answer is yes, we are interested in pursuing other things. We are exploring what else we can do with the building including affordable housing on the 2nd and 3rd floors. If there is interest in that we will continue to explore it. Councilman Myrin said I’m interested in it. Mr. True said I think that is the best we can do right now. Councilwoman Mullins moved to continue Resolution #11, Series of 2019 to February 25, 2019; seconded by Councilman Frisch. All in favor, motion carried. RESOLUTION #12, SERIES OF 2019 – 330 E Main St – Hotel Jerome – Temporary Use Request Councilman Frisch moved to continue Resolution #12, Series 2019 to February 25, 2019; seconded by Councilwoman Mullins. All in favor, motion carried. RESOLUTION #13, SERIES OF 2019 – Wireless Regulations Policy Resolution Councilman Frisch said he wants to make sure the term 5G is not used. He wants to make sure the legal is not mentioning 5G so when the next generation comes we don’t have to change it. Councilwoman Mullins moved to continue Resolution #13, Series of 2019 to February 25, 2019; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE #3, SERIES OF 2019 – Refinancing Existing Castle Creek Energy Center Debt to Achieve Interest Rate Savings and a Shorter Remaining Duration Pete Strecker, finance, said this will bring the interest rate down to 2.9 percent and shorten the term to 7 years down from 10. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins said thanks for staying on top of this. It is significant savings. Councilwoman Mullins moved to adopt Ordinance #3, Series of 2019; seconded by Councilman Frisch. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. EXECUTIVE SESSION Mr. True said staff recommends Council go in to executive session pursuant to C.R.S. 24.6.402 (a) purchase, acquisition, lease, transfer or sale of any real, personal or other property interest, (b) conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions, (e) determining positions relative to matters that may be subject to negotiations; P124 VI.e Regular Meeting Aspen City Council January 28, 2019 6 developing strategy for negotiations; and instructing negotiators – related to 312 W Hyman Ave; and (f)(I) personnel matters. At 6:25 p.m.; Councilwoman Mullins moved to go in to executive session; seconded by Councilman Frisch. All in favor, motion carried. At 8:11 p.m.; Councilman Frisch moved to come out of executive session; seconded by Councilwoman Mullins. All in favor, motion carried. At 8:12 p.m. Councilman Frisch moved to adjourn; seconded by Councilwoman Mullins. All in favor, motion carried. Linda Manning City Clerk P125 VI.e Special Meeting Aspen City Council February 4, 2019 1 RESOLUTION #19, SERIES OF 2019 – Contract with Sara Ott- City Manager for an interim period of time ............................................................................................................................................................... 2 At 4:12 p.m. Mayor Skadron called the special meeting to order with Councilmembers Hauenstein, Myrin, Mullins and Frisch present. P126 VI.e Special Meeting Aspen City Council February 4, 2019 2 RESOLUTION #19, SERIES OF 2019 – Contract with Sara Ott- City Manager for an interim period of time Jim True, city attorney, stated there is one item on the agenda for the special meeting, the agreement between the City of Aspen and Sara Ott designating her city manager for an interim period. The agreement is until September 1, 2019. Discussions regarding this were held in public and executive session. The terms in the contract are what we believe Ms. Ott and her representative are agreeable to. We are looking for formal approval by council at this meeting. Councilman Hauenstein asked if approval of this will change Mr. Barwick’s title to advisor. Mr. True replied yes, he becomes an advisor. Councilman Myrin said this is all good, if we missed something and it all ends what is the duration. Mr. True replied September 1st. You could always extend it by mutual agreement. She returns then to her original position as assistant city manager. She would have a 6 month severance package if she were terminated Councilwoman Mullins said she is in agreement. Steve will be in his position until March 1st. We do have the option to extend Sara if we need to. Mr. True said Mr. Barwick continues to receive his salary as city manager but is advisor to the city manager. Ms. Ott becomes city manager for this interim period. Councilman Hauenstein move to adopt Resolution #19, Series of 2019; seconded by Councilman Myrin. Roll call vote. Councilmembers Mullins, yes; Hauenstein, yes; Frisch, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. Councilman Hauenstein moved to adjourn the special meeting at 4:20 p.m.; seconded by Councilman Frisch. All in favor, motion carried. Linda Manning City Clerk P127 VI.e Strengthening Community Through Workforce Housing 1 NOTICE OF AMENDMENTS TO THE EMPLOYEE HOUSING GUIDELINES TO: Aspen City Council FROM: Mike Kosdrosky, Executive Director MEETING DATE: February 11, 2019 RE: Notice of APCHA Resolution No. 05 (Series of 2018), Adopting Amendments to the Aspen/Pitkin Employee Housing Guidelines Creating a Hearing Officer Position and Adopting a Schedule of Fines (Notice of Callup) PURPOSE OF MEMO AND PROPOSED AMENDMENTS: 1. Under the Fifth Amended and Restated IGA for Aspen/Pitkin County Housing Authority, the APCHA Board is requesting City Council and Board of County Commissioner approval of the attached amendments to the Employee Housing Guidelines; or call-up for further discussion and direction. 2. To establish the position of a third-party Hearing Officer to be appointed by the Board of Directors to hear Enforcement (Notice of Violation or NOV), Special Review, and Grievance cases. 3. To adopt a Schedule of Fines as part of the APCHA’s Employee Housing Guidelines as one of several enforcement options to help increase program compliance and integrity. POLICY ISSUES ADDRESSED: 1. APCHA has three different processes for handling quasi-judicial decisions: APCHA’s Special Review process, Enforcement or NOV process, and its Grievance process. Having three different quasi- judicial processes creates unnecessary program complexity and increases the risk of causing unintended but detrimental program precedents. 2. APCHA’s current NOV process is one of extremes – it is either too lenient or too harsh. Instead of having an “all or nothing” approach, fines are intended to improve program accountability and fairness by extending the overall due process period for alleged violators prior to forced sale or eviction, and by establishing fines that fit the violation, but remain effectively deterrent. BACKGROUND: In the fall of 2018, the APCHA Board adopted Resolution No. 05 (Series of 2018) to establish an independent Hearing Officer to hear special reviews, enforcement hearings, and grievances, and to establish a Schedule of Fines to incentivize program compliance and ensure systemwide accountability. DISCUSSION: APCHA Authority as a political subdivision of the State of Colorado As a separate political subdivision and a public corporation of the state, APCHA has the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate (C.R.S. 29-1.204.5, Part 4). As a multi-jurisdictional housing authority, APCHA has the power “to do or perform any acts and things authorized by this section under, through or by means of an agent…” (C.R.S.29-1- 204.5(3)(IV)(m)). APCHA’s powers include the adoption of regulations respecting the exercise of its powers and the carrying out of its purposes (Section 204.5 (3)(k)) and to exercise any other powers essential to the P128 VII.a Strengthening Community Through Workforce Housing 2 provision of its functions (C.R.S. 29-1.204.5(l)). This includes enforcement that can be delegated to an agent. The Fifth Amended and Restated Intergovernmental Agreement (IGA) authorizes APCHA to enforce all aspects of the affordable housing program, including deed restrictions and Guidelines, (I.G.A. Section III.C.3.i). Section III.C.3.j of the IGA directs the APCHA Board “to establish a system to hear appeals from the interpretation or implementation of the Affordable Housing Guidelines and issue final administrative determinations of such appeals.” Hearing Officer APCHA’s existing processes for conducting special reviews, enforcement hearings, and grievances under the Employee Housing Guidelines are outdated, costly, and administratively burdensome. Each type of case requires a different process using different people. The Board of Directors wants to standardize APCHA’s quasi-judicial reviews using an independent third-party Hearing Officer. The Board’s goals for doing so are: • To increase programmatic accountability, integrity, and public trust; • To increase operational standardization and processes; • To reduce the potential for quasi-judicial errors and the risk of legal liability to the program; • To remove any public misperception that the compliance process can be compromised; and • To increase overall transparency and improve overall decision making associated with APCHA’s compliance and enforcement. The APCHA Board can delegate its enforcement authority to a Hearing Officer in cases where a property’s deed restriction permits it, including evidentiary hearings and initial enforcement decisions. Commonly, Public Housing Authorities (PHAs) use hearing officers for case hearings, including the hearing of investigations. For example, the Jackson/Teton Housing Authority Board occasionally conducts contested case hearings and appeals of decisions of the Authority using an independent, third-party Hearing Officer. Resolution No. 5 (Series 2018) attached includes the proposed amendments to the Guidelines to create a third- party Hearing Officer position. Civil Penalties and Fines APCHA is committed to achieving 100% compliance through increased public education and enforcement. A recent survey of deed restricted homeowners shows that 45% of respondents (246 households in total) said that preventing fraud, abuse, and noncompliance should be one of APCHA’s top two policy concerns. It is said that perception becomes reality and unfortunately the public’s perception is that fraud, abuse, and noncompliance are serious concerns for the APCHA program, which policy makers should address. In August 2018, APCHA hired a full-time Compliance Manager. However, without adequate enforcement measures or penalties in place to guarantee compliance, APCHA is severely limited in obtaining voluntary compliance from the various program participants (owners, renters, landlords, property managers, and businesses). P129 VII.a Strengthening Community Through Workforce Housing 3 The current NOV system is either too lenient or too draconian. It is too lenient in dealing with compliance cases after the fact where APCHA has evidence or proof of rule violations or clear-cut rule breaking. Because the violation is technically “cured,” it is virtually impossible for APCHA to remedy a past violation, no matter how egregious. In many cases, APCHA learns about a violation after the fact. By the time a complaint comes in and APCHA has time to investigate it and issue a NOV, that violation has passed and is by default “cured.” This frequently occurs in cases where deed restricted homeowners or tenants illegally rent out their units to non-qualified workers. A NOV to “cure” a past violation is virtually meaningless and serves only as a warning from APCHA not to commit that specific violation again. But if someone understands the limitations of the NOV process, they can repeatedly violate program rules (as well as their deed restriction terms) without consequence, in effect creating “do nothing” or “unenforceable” compliance situations. Such unintended leniency not only serves to embolden repeat rule breakers but weakens public trust in protecting program accountability. The opposite of a NOV process that is too lenient is one that is too harsh. The Employee Housing Guidelines are not only too lenient in many cases, but too severe in others. Not every violation, particularly minor violations, should lead to the immediate forced sale or eviction of a homeowner, but that is exactly what happens today. Instead of an “all or nothing” enforcement approach, the APCHA Board recommends a process that allows more time and opportunities for alleged violators to come back into compliance by paying a fine instead of losing their home. The Board provided the following criteria to create a fine system (Schedule of Fines). Fines should be simple, consistent, logical, graded by severity, punitive when necessary, and deter further or repeat noncompliance. A system of fines must be simple enough to communicate to the public and promote public education and voluntary compliance. State law requires specificity as to the range of penalties applicable for any type of violation (i.e. fines must not be discretionary). Such specificity gives notice to the public of what the penalty is for a violation and helps prevent unequal treatment of violators. The Schedule of Fines adopted by the APCHA Board covers all violations stated in the Employee Housing Guidelines and for most deed restrictions in place today. Fines are meant to deter owners, renters, and landlords (including property managers and businesses serving as landlords) from intentionally or unintentionally breaking the affordable housing rules. Through public education and outreach, APCHA will clearly communicate expectations for program compliance. The Board has created five stages of violations and fines. The more severe the violation, the steeper the fine. The fines range from $250 for a Stage 1 violation up to $5,000 for a Stage 5 violation. Stage 1 violations cover the least severe compliance violations while Stage 5 violations cover the most severe compliance violations impacting the housing program. Each violation stage allows for a 15-day cure period from the time of Notice P130 VII.a Strengthening Community Through Workforce Housing 4 of Violation (NOV)1, which can carry over into all five levels of the Schedule of Fines, giving alleged violators (in all but the most severe cases or when a severe past violation cannot be cured) more time to cure and/or appeal an alleged violation prior to potentially losing their home. Although fines are progressive, they are not cumulative. It is important to note that fines collected will not be used to pay for APCHA’s ongoing operations but will be used to pay for the cost of a hearing officer and for public education and engagement. Today, alleged compliance violators are allowed only 15 days to cure a NOV. Failure to cure or appeal a NOV within 15 days is grounds for losing one’s affordable home or rental unit. But under the APCHA Board’s proposed NOV and Schedule of Fines process, an alleged violator who fails to requalify (a Stage 1 violation in this case) would receive up to 90 days to cure or appeal a NOV before ever facing the penalty of losing their home.2 This extends the current due process period substantially – by up to five or six times longer – than the current cure period. Resolution No. 5 (Series 2018) includes the proposed Schedule of Fines. FISCAL IMPACT: Adoption of Resolution No. 05 (Series of 2018) will likely require additional funds to be budgeted in 2019 through the Budget Supplemental process to pay the services of a hearing officer. Fines collected by APCHA will be used to offset the cost of a hearing officer in future years and will be used to provide educational materials and public outreach concerning the APCHA program. RECOMMENDATION: Approve Resolution No. 05 (Series of 2018), Adopting Amendments to the Aspen/Pitkin Employee Housing Guidelines Creating a Hearing Officer Position and Adopting a Schedule of Fines. Attachments: Resolution No. 05 (Series of 2015) 1 Prior to issuing the first NOV, APCHA will issue a Notice of Investigation at its discretion, to determine whether a violation has occurred. This would allow most alleged violators up to an additional 15 days to cure or appeal their alleged violation. 2 This policy would not prevent private and public landlords, like APCHA, from exercising their contractual rights under a lease agreement and/or under Colorado law to demand compliance within a shorter t imeframe prior to a Notice of Eviction. P131 VII.a P132VII.a P133VII.a P134VII.a P135VII.a P136VII.a P137VII.a P138VII.a P139VII.a P140VII.a P141VII.a P142VII.a P143VII.a P144VII.a P145VII.a P146VII.a P147VII.a P148VII.a P149VII.a Second Reading, Ordinance No. 1, Series 2019 Small Lodge Preservation Program Extension February 11, 2019 Page 1 of 4 MEMORANDUM TO: Mayor and City Council FROM: Phillip Supino, Principal Long-Range Planner THRU: Jessica Garrow, Community Development Director RE: Ordinance #1, Series of 2019 - Small Lodge Preservation Program Extension MEETING DATE: February 11, 2019 SUMMARY: The proposed ordinance will extend the existing Small Lodge Preservation Program for five years. The current program, authorized by Ordinance 15, 2015, is set to expire in May of 2020. Given the popularity and success of the program, staff received direction from Council in October 2018 to extend the program. The proposed ordinance would authorize that five-year extension while preserving the existing benefits and financial authorization. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 1, Series 2019, on Second Reading. BACKGOUND The Small Lodge Preservation Program (SLPP) was adopted in May 2015. The program is a result of extensive outreach to small lodge operators and a City policy objective to incentivize the preservation and continued success of the remaining small lodges in Aspen. Small Lodges were identified as an important component of Aspen’s tourist bed base. They are also more challenging to operate in competition with larger lodges and private vacation rental properties. The attractiveness of residential redevelopment for many small lodge properties poses another ongoing challenge to these community character defining lodges. With these challenges and the small lodges’ role in diversifying Aspen’s bed-base in mind, Council adopted Ordinance 15, Series 2015, creating the SLPP. (That Ordinance is included as Exhibit B.) The program is incentive-based, offering a range of benefits in exchange for agreements from participating lodges to continue to operate as a lodge for an agreed-upon period. There are seven incentives included in the program: Planning Assistance, Express Lane for Land Use Reviews, Express Lane for Building Permit Reviews, Building Code Assessment, the Small Lodge Energy Efficiency Program, Building Permit Fee Discounts, and Right-of-Way Improvements. (See Exhibit B, Ordinance 15, 2015 for additional information about each.) Collectively, these incentives represent significant project cost savings for lodges enrolled in the program. These cost savings are intended to lower the financial barrier for small lodges to make improvements while continuing to operate. To the extent that some incentives require legal P150 IX.a Second Reading, Ordinance No. 1, Series 2019 Small Lodge Preservation Program Extension February 11, 2019 Page 2 of 4 commitments to remain a small lodge for a specified amount of time, the program delivers on Council’s long-term goal of preserving the existing small lodge bed base. At the time the program was established in 2015, it was scheduled to sunset in May of 2020, five years after adoption. At an October 2018 work session, Council directed staff to extend the program sunset for five years from the original sunset date to 2025. Ordinance 1, Series 2019 provides that extension, as well as making some minor amendments described below. DISCUSSION To date, the program has secured commitments from two lodges, The Prospector and Shadow Mountain Lodge, to remain lodges for five years in exchange for program benefits. Additionally, the Energy Efficiency portion of the program, administered by the Climate Action Office staff in partnership with CORE, has financed hundreds of thousands of dollars in efficiency upgrades of small lodges. Without the SLPP program, many of these efficiency improvements would not have been undertaken. In addition to incentivizing small lodges to remain, the resulting energy savings and emissions reductions have the ancillary benefit of delivering on Council’s climate action goals. The seven incentives in the SLPP program (outlined in the Background section of this memo), are not proposed to change under Ordinance 1. However, the proposed ordinance includes a handful of minor amendments, outlined below: 1. The two lodges which enrolled after the creation of the program via City Council Resolution, the Prospector Lodge and Shadow Mountain Lodge, are added to the table of approved program participants. 2. The size threshold for eligible lodges was amended from 50 “rooms” to “keys”. This change ensures that lodges eligible to enroll in the program meet the intent of being “small”, as keys represent a smaller room configuration than rooms. This change also better-aligns with the existing language used in the Land Use Code. 3. An additional criterion for eligibility in the program was added, clarifying that new Boutique Lodges (which are lodges with between 10 and 14 units) are not eligible to participate in the SLPP. This change ensures that program resources are targeted at those lodge properties which best deliver on the community’s lodging preservation goals. SLPP is a highly successful and popular program. In outreach efforts over the previous two months, Community Development staff has received only positive comments from member lodges. (See Exhibit D, Small Lodge Operator Comments.) QUESTIONS FROM FIRST READING At the first reading hearing, Council asked staff to return with additional information about the distinction between “Boutique Lodge” and “Lodge” uses in the Land Use Code, the regulatory purpose behind that distinction, the number of current “Boutique Lodge” uses, and the reasons for excluding “Boutique Lodge” from the SLPP extension. To assist in that discussion, the Land Use Code sections defining “Boutique Lodge” and “Lodge” are attached as Exhibit C. “Boutique Lodge” is a new use category, created in October 2017 as part of a code amendment tying-up loose ends following the 2016-2017 moratorium process. “Boutique Lodge” uses are defined as being between 10 and 14 units in size, open to the general public for short-term P151 IX.a Second Reading, Ordinance No. 1, Series 2019 Small Lodge Preservation Program Extension February 11, 2019 Page 3 of 4 occupancy for a fee, and with significantly fewer on-site amenities and services than typical lodges. City staff is aware of four properties which meet the definition of “Boutique Lodge”. Two are existing lodges, Chalet Lisl (9 units) and Snow Queen Lodge (8 units), both of which are existing lodge uses. As small lodges in operation for decades, they are included in the SLPP, and their status as SLPP participants is not affected by their meeting the definition of “Boutique Lodges”. The two others are recently redeveloped properties, Hotel Lenado and 122 W. Main St. They are not SLPP participants. “Lodge” uses are defined in the LUC as having15 or more units, open to the general public for short-term occupancy for a fee and have on-site amenities and services typical in number and scale of a lodge use. These criteria are further enumerated in Exhibit C. Anything with less than 10 units that it not an existing or previously approved lodge use does not qualify as a “Boutique Lodge” or “Lodge” use. Adding the new “Boutique Lodge” use category was a response by Council to the development of a handful of “lodge-in-name-only” properties in recent years. The term “Boutique Lodge” does not speak to the style, marketing, appearance, or level of service of a given lodge. There are numerous existing lodges which may market themselves as boutique, but which would not meet the Land Use Code definition. The term was developed to distinguish between a “Lodge” use as typically defined and anticipated in the Land Use Code, and a property so small or lacking in basic services that it does not effectively function as a lodge. Such land uses may be lodge-in-name-only projects. The criteria established for qualifying as a “Lodge” use, including minimum unit count, and qualifying on-site amenities and services, were developed in consultation with existing Aspen lodge operators. These qualifying criteria are designed to ensure that lodges which operate as lodges are treated differently by the Land Use Code than properties so small or lacking sufficient on-site amenities to function as a lodge for the general public. “Boutique Lodge” uses are not a permitted use in as many zone districts and do not have access to the lodging growth management incentives available to traditional “Lodge” uses. These regulations reflect Council’s direction in the fall of 2017 to ensure that lodge-in-name-only projects do not become more pervasive in Aspen. Ordinance 1, Series 2019 includes language excluding “Boutique Lodge” uses from the SLPP. This additional language ensures that the benefits available to SLPP lodges, which include public funds, are not available to “Boutique Lodge” uses which may otherwise meet the SLPP eligibility criteria. Excluding this use category does not preclude existing lodges, whether they participate in the SLPP or not, from marketing themselves with the term boutique. However, it does attempt to address a scenario where current or future lodge-in-name-only properties, which may otherwise meet the SLPP qualifying criteria, are not eligible for SLPP and the public subsidies it provides. STAFF RECOMMENDATION Staff recommends Council approve Ordinance 1, Series 2019 to extend the Small Lodge Preservation Program to May 2025. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): “I move to approve Ordinance 1, Series of 2019.” P152 IX.a Second Reading, Ordinance No. 1, Series 2019 Small Lodge Preservation Program Extension February 11, 2019 Page 4 of 4 ALTERNATIVE MOTION: If Council desires to allow into the SLPP all properties which market themselves as lodges, the clause excluding Boutique Lodges, Section 1, number 3, could be removed from the Ordinance. “I move to approve Ordinance 1, 2019 with the removal of Section 1, number 3 related to Boutique Lodges.” CITY MANAGER COMMENTS: ______________________________________________________________________________ ______________________________________________________________________________ ATTACHMENTS: Exhibit A – Ordinance 1, Series 2019 Exhibit B – Ordinance 15, Series 2015 Creating the SLPP Exhibit C – Lodge Use Definitions Exhibit D – Small Lodge Operator Comments P153 IX.a Small Lodges Preservation Program Extension Ordinance 1, Series 2019 Page 1 of 3 ORDINANCE No. 1 (Series of 2019) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING AND EXTENDING THE SMALL LODGE PRESERVATION PROGRAM TO ASSIST SMALL LODGES TO CONTINUE OPERATING AS SMALL LODGES. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore code amendments related to the creation of a small lodge preservation program to bolster the bed base in both traditional hotel units, particularly in small lodges; and, WHEREAS, the Community Development Department conducted existing conditions research to understand Aspen’s existing lodge inventory, the occupancy and rate characteristics of Aspen’s bed base, the economics of upgrading, expanding, or developing lodge products, the latest visitor demographics, and the types of lodging product most in demand; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted extensive Public Outreach with community members, the Aspen Chamber Resort Association, condominium and lodging owners, managers, and stakeholders, the Planning & Zoning Commission, the Historic Preservation Commission, and City Council regarding lodging; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on December 1, 2014 and December 8, 2014, the City Council directed staff to draft an ordinance to assist small lodges to continue operating as small lodges; and, WHEREAS, the Community Development Director recommended approval of Ordinance 15, (Series of 2015) to implement a small lodge preservation program; and, WHEREAS, the Aspen City Council reviewed the proposed ordinance and found that the ordinance met or exceeded all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the City Council found that the proposed ordinance properly implemented the City’s goals related replenishing and diversifying the lodging inventory, as articulated in the 2012 Aspen Area Community Plan; consequently, Council adopted Ordinance 15 (Series of 2015); and, WHEREAS, Ordinance 15 (Series of 2015) is set to expire in 2020; and, WHEREAS, this Ordinance is proposed to extend the Small Lodge Preservation Program for five (5) years beyond Ordinance 15’s initial term and to amend Ordinance 15, to recognize the addition of two lodges to the program and clarify the program eligibility; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and P154 IX.a Small Lodges Preservation Program Extension Ordinance 1, Series 2019 Page 2 of 3 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Section 2 of Ordinance 15 (Series of 2015) is hereby rescinded and replaced with the following: The Small Lodge Preservation Program (hereinafter “Program”), is established for a period to and including the 27th day of May 2025, at which time it shall expire, except as provided below. During that time, the Program is available to the existing small lodges listed below, only for such time as they remain small lodges: Lodge Address Annabelle Inn 232 W Main St Aspen Mountain Lodge 311 W Main St Boomerang Lodge 500 W Hopkins Ave Chalet Lisl 100 E Hyman Ave Hearthstone House 134 E Hyman Ave Hotel Durant 122 E Durant Ave Molly Gibson 101 W Main St Hotel Aspen 110 W Main St Mountain Chalet 333 E Durant Ave Prospector Lodge 301 E Hyman Ave Shadow Mountain Lodge 232 W Hyman Ave Snow Queen Lodge 124 E Cooper Ave St. Moritz Lodge 334 W Hyman Ave Tyrolean Lodge 200 W Main St A new small lodge is eligible to participate in the program if it meets all of the following criteria: 1. Contains fifty (50) or fewer keys; and, 2. Is located in the Lodge (L), Commercial Lodge (CL), Lodge Preservation Overlay (LP), or Lodge Overlay (LO) zone districts; and, 3. It is does not meet the definition of Boutique Lodge in Land Use Code Section 26.104.110. City Council, at its sole discretion, may amend the lodges eligible for or extend the timeframe of the Small Lodge Preservation Program by Resolution. Section 2: All other provisions of Ordinance 15 (Series of 2015) shall remain in full force and effect. Any scrivener’s errors contained in the code amendments approved by Ordinance 15 (Series of 2015) or set forth herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. P155 IX.a Small Lodges Preservation Program Extension Ordinance 1, Series 2019 Page 3 of 3 Section 3: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this Ordinance shall become effective thirty (30) days following final passage. Section 6: Public Hearing A public hearing on this ordinance shall be held on the 11th day of February 2019, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28th day of January 2019. Attest: __________________________ ____________________________ Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this 11th day of February 2019. Attest: __________________________ ___________________________ Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: ___________________________ James R. True, City Attorney P156 IX.a 1 Exhibit C City of Aspen Land Use Code Section 26.104.110.C “Use Categories” Lodge uses. Characteristics A building or parcel containing at least fifteen (15) individual units used for overnight lodging by the general public on a short-term basis for a fee, with or without kitchens within individual units, with or without meals provided and which has common reservation and cleaning services, combined utilities and on-site management and reception services. On-site, in-person management and reception services must be provided during normal business hours. Remote management and reception services may be provided all other times. To qualify as a Lodge use, the property must have at least three (3) of the following amenities on-site: · Commercial kitchen or other in-house food service, · On or off-site fitness or gym facilities, · Pool, hot tub, sauna, or spa facilities, · Lounge, · Entertainment facilities accessible to guests, · Bar or restaurant, · Retail or services (such as guide services, concierge, equipment rental or repair, spa or beauty facility), · Meeting, conference, entertainment, or ballroom facilities, · Other amenities as may be provided to address the specific lodge needs. The extent of the amenities provided should be proportional to the size of the development. The types of amenities should be consistent with the planned method and style of operating the development. For Lodges with flexible unit configurations, also known as “lock-off units,” each rentable division or “key” shall constitute a lodge unit for the purposes of this Title. Occupancy periods of a Lodge or unit thereof by individuals or entities with any ownership interest in the Lodge or unit thereof and any non-paying guests of such owners shall not exceed thirty (30) consecutive days or exceed a cumulative total of ninety (90) days within any calendar year for all such owners and non-paying guests. For the purposes of this section, if two or more units or fractional interests are owned by separate corporations, limited P157 IX.a 2 liability companies or partnerships with common owners or a common owner of all or any portion of the separate corporate, company or partnership interests, the unit or fractional interest shall be deemed in one ownership for the purposes of determining the occupancy limitations set forth herein. Occupancy periods for persons or entities with no ownership interest in a property (e.g. vacationers) shall be limited to thirty (30) consecutive days and ninety (90) days per calendar year. Examples Motels, hotels, timeshare (a.k.a. fractional) units and timeshare developments, and hostels. See chapter 26.590 for standards governing the establishment and management of timeshare (fractional) developments. Accessory Uses Accessory uses may include offices related to the operation of the primary use, maintenance facilities for the uses on the site, parking, and garbage, trash and recycling areas consistent with City Code Chapter 12.04. Restaurants and retail uses are allowed up to the FAR limits and in the locations prescribed by the applicable zone. Accessory uses must be located within the footprint or parcel of the associated lodge use. Exceptions Boutique Lodges. Single-family, duplex and multi-family dwelling units the primary purpose of which is transient occupancy by an owner, but which are secondarily made available on a short-term basis as a vacation rental, are classified as residential uses. Single-family, duplex and multi-family dwelling units that are located on a parcel not adjacent to an associated lodge use are classified as residential uses. Bed and breakfasts are classified as residential uses. Lodge, Boutique uses. Characteristics A whole building or parcel containing between ten (10) and fourteen (14) individual units used for overnight lodging by the general public on a short- term basis for a fee, with or without kitchens within individual units, with or without meals provided, and which has common reservation and cleaning services, combined utilities and on-site management and reception services. On-site, in-person management and reception services must be provided during normal business hours. Remote management and reception services may be provided all other times. For Boutique Lodges with flexible unit configurations, also known as “lock- off units,” each rentable division or “key” shall constitute a lodge unit for the purposes of this Title. Each unit shall be designed such that the finished floor level of fifty percent (50%) or more of the unit’s net livable area is at or above natural or finished grade, whichever is higher. This dimensional P158 IX.a 3 standard may be varied through Special Review, pursuant to Chapter 26.430. Occupancy periods of a Boutique Lodge or unit thereof by individuals or entities with any ownership interest in the Boutique Lodge or unit thereof and any non-paying guests of such owners shall not exceed thirty (30) consecutive days or exceed a cumulative total of ninety (90) days within any calendar year for all such owners and non-paying guests. For the purposes of this section, if two or more units or fractional interests are owned by separate corporations, limited liability companies or partnerships with common owners or a common owner of all or any portion of the separate corporate, company or partnership interests, the unit or fractional interest shall be deemed in one ownership for the purposes of determining the occupancy limitations set forth herein. Occupancy periods for persons or entities with no ownership interest in a property (e.g. vacationers) shall be limited to thirty (30) consecutive days and ninety (90) days per calendar year. Examples Motels, hotels, and timeshare (fractional) and condo hotels. See section 26.590 for standards governing the establishment and management of timeshare (fractional) developments. Accessory Uses Accessory uses may include offices related to the operation of the primary use, maintenance facilities for the uses on the site, parking, and garbage, trash and recycling areas consistent with City Code Chapter 12.04. Restaurants and retail uses are allowed up to the FAR limits and in the locations prescribed by the applicable zone. Accessory uses must be located within the footprint or parcel of the associated lodge use. Exceptions Single-family, duplex and multi-family dwelling units the primary purpose of which is transient occupancy by an owner, but which are secondarily made available on a short-term basis as a vacation rental, are classified as residential uses. Single-family, duplex and multi-family dwelling units that are located on a parcel not adjacent to an associated lodge use are classified as residential uses. Bed and breakfasts are classified as residential uses. Boutique Lodges established (applied for or received a development order or certificate of occupancy) prior to the adoption of Ordinance 23, 2017 are considered legally established and are exempt from the standards of section 26.425.035, Conditional Use, and 26.470.110.F, Reduction in Lodge Units, until such time as a redevelopment or change is requested for the property. P159 IX.a From:Jeff Bay To:Phillip Supino Subject:RE: Small Lodge Preservation Program - Update Date:Friday, December 21, 2018 3:20:32 PM Attachments:image001.png Hi Phillip, We are supporters of the SLPP and SLEEP initiatives, we are glad to hear that they are potentially continuing. Please let me know if I can assist in supporting your efforts! Jeff — Jeff Bay C.H.A. Managing Director HayMax Hotels Hotel Aspen | Molly Gibson Lodge | Hotel Ketchum | Tamarack Lodge (P) 970.205.7006 (F) 970.920.1379 jeff.bay@haymaxhotels.com From: Phillip Supino <phillip.supino@cityofaspen.com> Sent: Friday, December 21, 2018 3:05 PM To: charley@annabelleinn.com; jeanine@aspenmountainlodge.com; mneiley@comcast.net; aml@aspenmountainlodge.com; mhunt@mdevco.com; sstunda@aol.com; chaletlisl@yahoo.com; lodge@chaletlisl.com; scott@hearthstonehouse.com; hoteldurant@sopris.net; bschaefer@sopris.net; Jeff Bay <jeff.bay@haymaxhotels.com>; michael@haymax.com; Aaron@haymax.com; craig@themelvilles.com; craig@mca.travel; sqlodge@rof.net; michael@stmoritzlodge.com; stay@tyroleanlodge.com; shadowmt@comcast.net; wally.wilson@comcast.net; janet@prospectorcondos.com Subject: Small Lodge Preservation Program - Update Dear Lodge Owners and Operators: Greetings from City Hall, and happy holidays. I hope you are all well and enjoying a busy holiday season. Given how busy this time of year is, I will be brief. Two months ago, City Council directed the Planning staff to extend the Small Lodge Preservation Program with all of its financial benefits and incentives in place for an additional five years. The original program was scheduled to expire in 2020. Council cited the success of and community support behind the program as strong reasons for extending it. P160 IX.a I wanted to reach out to all of you, inform you of Council’s direction, and seek any feedback you may have about staff’s plans to begin the process of extending to program in January of 2019. With your support, we plan on presenting an ordinance for Council in late January. If any of you feel that the program does not have sufficient value to extend, or have other comments about the program, we would love to hear from you. Please feel free to email, call, or meet with me in person after the New Year to discuss any of the above. Happy New Year! Cheers, Phillip Supino, AICP Principal Long-Range Planner 130 S. Galena St. Aspen, CO 81611 p: 970.429.2767 c: 970.319.0833 www.cityofaspen.com www.aspencommunityvoice.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. P161 IX.a From:WALTER WILSON To:Phillip Supino; sml Subject:Re: Small Lodge Preservation Program - Update Date:Friday, December 21, 2018 3:26:47 PM Attachments:image009.png Phillip, Your program has been very helpful to Shadow Mountain Lodge for several energy efficient improvements. The cost savings help us to continue to offer low priced condominium rental opportunities to literally hundreds of guests, each year. Happy to see the program extended. Best regards and Happy holidays! Wally Wilson Board president On December 21, 2018 at 4:05 PM Phillip Supino <phillip.supino@cityofaspen.com> wrote: Dear Lodge Owners and Operators: Greetings from City Hall, and happy holidays. I hope you are all well and enjoying a busy holiday season. Given how busy this time of year is, I will be brief. Two months ago, City Council directed the Planning staff to extend the Small Lodge Preservation Program with all of its financial benefits and incentives in place for an additional five years. The original program was scheduled to expire in 2020. Council cited the success of and community support behind the program as strong reasons for extending it. P162 IX.a I wanted to reach out to all of you, inform you of Council’s direction, and seek any feedback you may have about staff’s plans to begin the process of extending to program in January of 2019. With your support, we plan on presenting an ordinance for Council in late January. If any of you feel that the program does not have sufficient value to extend, or have other comments about the program, we would love to hear from you. Please feel free to email, call, or meet with me in person after the New Year to discuss any of the above. Happy New Year! Cheers, Phillip Supino, AICP Principal Long-Range Planner 130 S. Galena St. Aspen, CO 81611 p: 970.429.2767 c: 970.319.0833 www.cityofaspen.com www.aspencommunityvoice.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the P163 IX.a information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. P164 IX.a Small Lodges Preservation Program Ordinance 15, Series 2015 Page 1 of 5 ORDINANCE No. 15 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING A PROGRAM TO ASSIST SMALL LODGES TO CONTINUE OPERATING AS SMALL LODGES. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore code amendments related to the creation of a small lodge preservation program to bolster the bed base in both traditional hotel units, particularly in small lodges; and, WHEREAS, the Community Development Department conducted existing conditions research to understand Aspen’s existing lodge inventory, the occupancy and rate characteristics of Aspen’s bed base, the economics of upgrading, expanding, or developing lodge products, the latest visitor demographics, and the types of lodging product most in demand; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted extensive Public Outreach with community members, the Aspen Chamber Resort Association, condominium and lodging owners, managers, and stakeholders, the Planning & Zoning Commission, the Historic Preservation Commission, and City Council regarding lodging; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on December 1, 2014 and December 8, 2014, the City Council directed staff to draft a code amendment to assist small lodges to continue operating as small lodges; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to Title 26, the City of Aspen Land Use Code to implement a small lodge assistance program; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the City Council finds that this Ordinance implements the City’s goals related replenishing and diversifying the lodging inventory, as articulated in the 2012 Aspen Area Community Plan; and WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Code Amendment Objectives The goals and objectives of the code amendment, as outlined in the Policy Resolution, are to: P165 IX.a Small Lodges Preservation Program Ordinance 15, Series 2015 Page 2 of 5 a. Recognize that the bed base, particularly the small lodges, is a critical part of the City’s overall infrastructure. b. Ensure the Aspen bed base provides a number, diversity, and quality of lodging options to be attractive and welcoming to the next generation of visitors. c. Encourage investment in existing lodges to meet visitor expectations. d. Strive for lodging being the “highest and best” use in the lodging zone. e. Make sure the bed base continues to be compatible with community character. f. Focus on small and economy/moderate lodge investment first. g. Reduce or eliminate city process and fee barriers to investment in existing lodge properties. Section 2: Applicability and Timeframe The Small Lodge Preservation Program (hereinafter “Program”) is established for a period of five (5) years from the date of passage of this Ordinance. During that time, the Program is available to the existing small lodges listed below, only for such time as they remain small lodges: Hotel Address Annabelle Inn 232 W Main St Aspen Mountain Lodge 311 W Main St Boomerang Lodge 500 W Hopkins Ave Chalet Lisl 100 E Hyman Ave Hearthstone House 134 E Hyman Ave Hotel Durant 122 E Durant Ave Molly Gibson 101 W Main St Hotel Aspen 110 W Main St Mountain Chalet 333 E Durant Ave Snow Queen Lodge 124 E Cooper Ave St. Moritz Lodge 334 W Hyman Ave Tyrolean Lodge 200 W Main St A new small lodge is eligible to participate in the program if it meets all of the following criteria: 1. Contains fifty (50) or fewer rooms, and 2. Is located in the Lodge (L), Commercial Lodge (CL), Lodge Preservation Overlay (LP), or Lodge Overlay (LO) zone districts. City Council, at its sole discretion, may amend the lodges eligible for or extend the timeframe of the Small Lodge Preservation Program by Resolution. Section 3: Small Lodge Planning Assistance Planning assistance is available to assist the small lodges through the City of Aspen land use and building permit processes, as well as identifying non-city programs, such as CORE grants, that may be of assistance to the small lodge. P166 IX.a Small Lodges Preservation Program Ordinance 15, Series 2015 Page 3 of 5 The planning assistance described above is dependent on the funding available to provide the assistance. Section 4: Express Lane for Land Use Reviews Small lodges are eligible for expedited review of all land use cases. A small lodge requesting expedited review shall include the request in their land use application, and shall be scheduled for the initial public hearing as quickly as possible. This expedited review shall in no way waive any application requirements, including that the project application be complete prior to scheduling of any public hearings. Section 5: Express Lane for Building Permit Reviews Small lodges are eligible for expedited review of all building permits. Complete submittals for small lodge projects will be reviewed ahead of standard building permit submittals. Standard projects do not include affordable housing projects, phased permits, and other projects the Building Department defines as “non-standard.” Resubmittals for small lodge projects will be queued with all other permits. The queuing described above is dependent on the funding available to review small lodge projects ahead of standard projects. Section 6: Building Code Assessment Small lodges are eligible for a free building code assessment to identify areas of the lodge that could or should be upgraded to current building codes. The assessment will be completed by a third party, and reimbursed by the city up to $0.50 per square foot. The building code assessments described above are dependent on the funding available to provide the additional subsidies. Section 7: Small Lodge Energy Efficiency Program Small lodges are eligible for free energy audits and additional subsidies for energy efficiency improvements through a new Small Lodges Energy Program. This program would provide subsidies for energy audits and improvements after the existing CORE and City of Aspen Energy Efficiency subsidies are applied. Energy improvements up to $20,000 are eligible for a combined CORE, City of Aspen Energy Efficiency Program, and Small Lodges Energy Efficiency Program subsidy, up to 100% of the project cost. Energy Improvements above $20,000 are eligible for a combined 50% subsidy. The energy benefits described above are dependent on the funding available to provide the additional subsidies. Section 8: Small Lodges Building Permit Fee Discounts Small lodges are eligible for a discount on building permit fees. Chapter 2.12.100 of the Municipal Code is hereby amended to add the following language: P167 IX.a Small Lodges Preservation Program Ordinance 15, Series 2015 Page 4 of 5 Community Purpose Discount Programs Applications for Building Permits for Small Lodges, as defined in Ordinance 15, Series 2015, are eligible for reduced building permit review fees based on the following schedule. To be eligible for the discount, all lodges must enter into an agreement with the City stating that the property will remain a lodge for a minimum number of years, and that if the use changes during that time period the property shall owe the City 100% of the building permit fees. The reductions shall apply to Plan Check, Energy Code, Zoning Review, Engineering Review, Utility Review, CMP, and Building Permit, Fees. Category of Work % of Building Permit fee charged Length of City Agreement Minor interior upgrade (i.e. paint, carpet, light fixtures) 25% 5 Years Minor exterior upgrade (i.e. new windows, new paint/exterior materials) 25% 5 years Major interior upgrade A (i.e. remodel units, including bathrooms) 50% 10 years Major interior upgrade B (i.e. remodel common areas and any kitchen/food service facilities) 50% 10 years Redevelopment or Major Expansion 75% 20 years Section 9: Improvements in the Right-of-Way The cost, as approved by the City, of any required public improvements located in the public right-of-way, such as curb & gutter, sidewalks, and street trees that are related to the Small Lodge Preservation Program shall be reimbursed by the City. The Small Lodge shall be responsible for the design and completion of the improvements, and the City shall reimburse the Small Lodge for the cost of the improvements following final Certificate of Occupancy. The allowable reimbursement is provided for in the Small Lodge Right-of-Way Improvement estimate schedule on file with the City of Aspen Engineering Department. This schedule will be updated on an annual basis to account for construction inflation costs. Section 10: Costs associated with the program All costs to the City for all program elements outlined herein are subject to available funds. Section 11: Budget authority City Council hereby grants budget authority of $5,000 for the Small Lodge Planning Assistance (Section 3), and $20,000 for Small Lodge Energy Efficiency Program (Section 7). Money will be formally allocated during the Fall 2015 Supplemental Budget. All other programs shall have no available funding for 2015. Section 12: Any scrivener’s errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. P168 IX.a Small Lodges Preservation Program Ordinance 15, Series 2015 Page 5 of 5 Section 13: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 14: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 15: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 16: A public hearing on this ordinance shall be held on the 27th day of May, 2015, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 27th day of April, 2015. Attest: __________________________ ____________________________ Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this 27th day of May, 2015. Attest: __________________________ ___________________________ Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: ___________________________ James R. True, City Attorney P169 IX.a TO: Mayor Skadron and Aspen City Council FROM: Jennifer Phelan THRU: Jessica Garrow, Community Development Director RE: Resolution #22, Series of 2019 MEETING DATE: February 11, 201 APPELLANT: BCL Trust REPRESENTATIVE: Forum Phi SUMMARY: The applicant is appealing an Interpretation issued by the Community Development Department. SUMMARY: One of the jobs assigned to the Community Development Director is to provide interpretations of the text of the City’s Land Use Code. This is a formal process in which an applicant requests a written Interpretation and, if they don’t agree with the the decision to the City Council. Section 26.316.030 of the Aspen Land Use Code sets forth the applicable standard of review that Council should follow in these matters and the actions available to Coun In this case, the applicant is seeking an appeal of an Interpretation Development Department that outlines form of lighting in the Outdoor Lighting chapter of the Land Use Code. BACKGROUND: In this case, the Interpretation rendered by the department discusses a type of LED lighting product and whether the product is considered a form of Linear Lighting formal complaints were received by the City with regard to the Appellant’s property and associated outdoor lighting. Zoning Officers inspected the site and determined that some of the installed lighting was considered Linear Lighting and prohibited by the Outdoor Lighting code. STANDARD OF REVIEW: Section 26.316.030.E of the code provides the review standards for appeals. MEMORANDUM Mayor Skadron and Aspen City Council Jennifer Phelan, Deputy Planning Director Jessica Garrow, Community Development Director Resolution #22, Series of 2019 - Appeal of Linear Lighting Interpretation , 2019 appealing an Interpretation issued by the Community STAFF RECOMMENDATION: Staff recommends City Council uphold the department’s Interpretation by adopting the proposed resolution affirming the Interpretation. One of the jobs assigned to the Community Development Director is to provide interpretations of the text of the City’s Land Use Code. This is a formal process in which an applicant requests a written nterpretation and, if they don’t agree with the Interpretation, affords the applicant the right to appeal Section 26.316.030 of the Aspen Land Use Code sets forth the applicable standard of review that Council should follow in these matters and the actions available to Council following the hearing on the appeal. In this case, the applicant is seeking an appeal of an Interpretation (Exhibit A) issued by the Community epartment that outlines a type of lighting that is considered Linear Lighting, a prohibited m of lighting in the Outdoor Lighting chapter of the Land Use Code. In this case, the Interpretation rendered by the department discusses a type of LED lighting product and whether the product is considered a form of Linear Lighting. The Interpretation request arose after received by the City with regard to the Appellant’s property and associated Zoning Officers inspected the site and determined that some of the installed lighting ear Lighting and prohibited by the Outdoor Lighting code. ode provides the review standards for appeals. Page 1 of 6 Interpretation recommends City Council uphold the department’s Interpretation by esolution affirming the One of the jobs assigned to the Community Development Director is to provide interpretations of the text of the City’s Land Use Code. This is a formal process in which an applicant requests a written retation, affords the applicant the right to appeal Section 26.316.030 of the Aspen Land Use Code sets forth the applicable standard of review that Council cil following the hearing on the appeal. issued by the Community considered Linear Lighting, a prohibited In this case, the Interpretation rendered by the department discusses a type of LED lighting product and nterpretation request arose after received by the City with regard to the Appellant’s property and associated Zoning Officers inspected the site and determined that some of the installed lighting P170 X.a Page 2 of 6 “Standard of review. Unless otherwise specifically stated in this Title, the decision-making body authorized to hear the appeal shall decide the appeal based solely upon the record established by the body from which the appeal is taken. A decision or determination shall be not be reversed or modified unless there is a finding that there was a denial of due process or the administrative body has exceeded its jurisdiction or abused its discretion” (emphasis added). The Land Use Code does not define the terms: “a denial of due process”, “exceeded its jurisdiction,” or “abused its discretion.” Court cases, however, have helped define these terms as follows and may be used by Council in its deliberation of the appeal: A denial of due process may be found if some procedural irregularity is determined to have occurred that affected a significant right of the appellant, or the administrative body otherwise acted in violation of the appellant’s constitutional or statutory rights. Ad Hoc Executive Committee of Medical Staff of Memorial Hospital v Runyan, 716 P. 2d 465 (Colo. 1986.) A decision may be considered to be in excess of jurisdiction if the decision being appealed from “is grounded in a misconstruction or misapplication of the law,” City of Colorado Springs v Givan, 897 P.2d 753 (Colo. 1995); or, the decision being appealed from was not within the authority of the administrative body to make. City of Colorado Springs v SecureCare Self Storage, Inc., 10 P.3d 1244 (Colo. 2000). A decision may be considered to be an abuse of discretion if the “decision of the administrative body is so devoid of evidentiary support that it can only be explained as an arbitrary and capricious exercise of authority.” Ross v Fire and Police Pension Ass’n., 713 P.2d 1304 (Colo. 1986); Marker v Colorado Springs, 336 P.2d 305 (Colo. 1959). STAFF COMMENT: The Record - A substantial remodel was undertaken at 1409 Crystal Lake Road. Beginning with a 2013 permit for the renovation, six additional change orders associated with the remodel were subsequently issued (for a total of seven permits). The last change order (0022.2018.ARBK), included new/expanded outdoor lighting and was issued in June 2018. It is typical with change orders that new elements are identified within the permit application, either in the form of a summary sheet identifying the new elements in the plan set or by highlighting (via bubbling) on the drawings. Identification is inconsistent throughout the record. In the last change order, some of the new elements were struck from the change order as they were identified as Linear Lighting by the Zoning Officer (Figure 1). Beside prohibiting some lighting at the rear of the property, it appears some Linear Lighting was overlooked adjacent to the front of the property. Regardless, the permit was issued (perhaps in error) and all changes, whether struck from the permit or not, were constructed. A formal complaint was received in February 2018 (rear lighting) and again in September 2018 (front lighting) with regard to 1409 Crystal Lake Road’s outdoor lighting. City staff followed up on each separate complaint and determined that some of the outdoor lighting on site is considered Linear Lighting which is a form of prohibited outdoor lighting. The applicant requested an Interpretation be rendered with regard to what constitutes Linear Lighting and the Interpretation was issued on November 21, 2018, confirming that a form of LED lighting, in this case flexible “LED Liner Ribbon”, is P171 X.a Page 3 of 6 indeed Linear Lighting and prohibited by adopted code. Subsequently, the applicant submitted an appeal (Exhibit 2) to the Interpretation. Figure 1: Photo submitted with February complaint (rear of house) and change order plan Lighting struck from plan Figure 2: Photos taken of September lighting complaint (front of house) 1. Due Process – The City received two separate complaints regarding the outdoor lighting located on the applicant’s property and staff determined that some of the lighting constituted Linear Lighting, which is prohibited. As formal complaints, the City is obligated to investigate the complaints, regardless of whether improvements were permitted by building permit or not. In fact, the code notes in section 26.104.050, Void permits, “that any permit or approval issued in error or otherwise not in conformity with the requirements of this Title, shall be void. Similarly, any permit or approval that was P172 X.a Page 4 of 6 issued in reliance upon or as a result of, a materially false statement or representation made in the process of obtaining the permit or development approval, shall, likewise, be void” and shall be subject to the applicable terms and conditions of the City’s regulations. Based on the results of the complaint findings, the applicant then requested a formal Interpretation to determine what constitutes Linear Lighting. Once written, an Interpretation provides the opportunity for a party to appeal the findings. Certain timeframes affect when Interpretations must be provided after a request and when appeals need to be scheduled. Those timeframes have been met. As required by the Land Use Code, the appellant was provided notice of tonight’s meeting via registered mail and all other affected parties were noticed by publication in the newspaper, as required. (Please see Exhibit C). Assuming tonight’s meeting does not contain any procedural flaws, staff believes that proper procedural due process has been provided. 2. Jurisdiction – The Director’s jurisdiction to interpret the Land Use Code is established in Chapter 26.210 of the City of Aspen Land Use Code. This Chapter outlines the jurisdiction, authority, and duties allocated to the Community Development Director. One of the Director’s duties outlined in the Chapter reads: “To render interpretations of this Title or the boundaries of the Official Zone District Map pursuant to Chapter 26.306.” Staff believes this language is clear and it does not appear that the applicant is questioning this provision of the code. 3. Discretion – With respect to abuse of the Director’s discretion, the Director did need to use her discretion in rendering the Interpretation. The question is whether the Director abused that discretion. The Director is required to interpret specific text of the code to provide explanation and clarity. In rendering an interpretation, the Director relied on the facts presented and the language within the Land Use Code as well as common definitions when a term was not defined by the code. Terminology within the code such as “Linear Lighting” and the Intent and Purpose of the Outdoor Lighting section were used in evaluating whether the LED Liner Ribbon could be considered a permitted type of outdoor lighting. Additionally, although “linear” is not defined in the Land Use Code, staff applied a common definition of the word in evaluating the code language and rendering an Interpretation. As noted in the Interpretation, Linear Lighting, though not defined, is explained as “lighting (including but not limited to neon and fluorescent lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited” (emphasis added). Staff used a common definition to define the word “linear” and considered the Intent and Purpose clause of the Outdoor Lighting section, which intends to minimize the impacts of outdoor lighting both to the night sky and to neighboring properties by reducing offensive light sources and nighttime light pollution. The code emphasizes a variety of measures to limit “unsafe and unpleasant conditions” and emphasizes point specific fixtures rather than a continuous strip of lighting. Additionally, staff considered building code related exterior lighting requirements, which emphasizes safe exiting from a building. Staff’s conclusion was that the flexible “LED Liner Ribbon” lighting was intended as an architectural highlight, was primarily linear in nature and effect, and met the definition of Linear Lighting whether or not it was fully shielded (meaning fully recessed within a fixture). P173 X.a Page 5 of 6 Staff tends to approach these sorts of tasks with a very pragmatic and realistic administration of development limitations. The Land Use Code does not predict every type of circumstance. In this instance staff needed to evaluate a specific form of LED lighting in the rapidly changing environment of lighting technology as it relates to the city’s adopted regulations. Staff considers the text of the code as well as the effects that would be expected with different interpretations. The Director believes that her discretion was applied appropriately and the Interpretation was rendered ethically. ACTIONS BY COUNCIL FOLLOWING APPEAL HEARING: Section 26.316.030(F) reads as follows: Action by the decision-making body hearing the appeal. The decision-making body hearing the appeal may reverse, affirm, or modify the decision or determination appealed from, and, if the decision is modified, shall be deemed to have all the powers of the officer, board or commission from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the appellant. The decision shall be approved by resolution. All appeals shall be public meetings. The question in a code interpretation is what does the code say? On occasion, applicants seek a code interpretation because they believe the code should say something else. In this case, the applicant seeks a reversal of the Interpretation and have Council find that the LED ribbon/linear/channel LED lighting is not continuous in application and is not primarily intended as an architectural highlight to attract attention. Staff would posit that the code amendment process is the proper venue for the question what should the code say? TWO RESOLUTIONS: Attached are two Resolutions. One finds that the Director acted correctly and affirms the interpretation. The second finds that the Director exceeded his jurisdiction, abused his authority, or failed to provide due process and reverses the interpretation. STAFF RECOMMENDATION: Staff believes the Director’s interpretation was rendered ethically and that no abuse of authority or exceeding of jurisdiction occurred. Staff recommends City Council uphold the Director’s interpretation by adopting the proposed Resolution affirming the interpretation. CITY MANAGER COMMENTS: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ____________________________________________________________________________. PROPOSED MOTION: “I move to approve Resolution No. 22, Series of 2019, (affirming or reversing) the Community Development Director’s interpretation of Linear Lighting. ATTACHMENTS: Exhibit A – Interpretation P174 X.a Page 6 of 6 Exhibit B – Appeal application Exhibit C – Affidavit of notice P175 X.a Page 1 of 1 RESOLUTION NO. 22 (SERIES OF 2019) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN INTERPRETATION OF THE LAND USE CODE MADE BY THE COMMUNITY DEVELOPMENT DIRECTOR REGARDING LINEAR LIGHTING. WHEREAS, the Community Development Director received a request for an interpretation of the Land Use Code regarding Linear Lighting from the owner (BCL Trust) of property within Aspen and represented by Forum Phi; and, WHEREAS, pursuant to Chapter 26.306 – Interpretations of Title, the Director rendered a decision and the owner sought an appeal; and, WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the Interpretation of the Director or modify or reverse the Interpretation upon a finding that there was a denial of due process, exceeding of jurisdiction, or abuse of authority in rendering the interpretation; and, WHEREAS, the City Council has taken and considered written and oral argument from the representatives for the appellant, and the Community Development Director, and has found that the Director provided due process and neither exceeded her jurisdiction or abused her authority in rendering the Interpretation; and, WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED that the City Council affirms the Community Development Director’s Interpretation of the Land Use Code regarding Linear Lighting. APPROVED by the Aspen City Council at its regular meeting on ____________, 2019. ATTEST: ____________________________ ______________________________ Linda Manning, City Clerk Steven Skadron, Mayor APPROVED AS TO FORM: ___________________________ James R. True, City Attorney P176 X.a Page 1 of 2 RESOLUTION NO. 22 (SERIES OF 2019) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REVERSINGAN INTERPRETATION OF THE LAND USE CODE MADE BY THE COMMUNITY DEVELOPMENT DIRECTOR REGARDING LINEAR LIGHTING. WHEREAS, the Community Development Director received a request for an interpretation of the Land Use Code regarding Linear Lighting from the owner (BCL Trust) of property within Aspen and represented by Forum Phi; and, WHEREAS, pursuant to Chapter 26.306 – Interpretations of Title, the Director rendered a decision and the owner sought an appeal; and, WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the Interpretation of the Director or modify or reverse the Interpretation upon a finding that there was a denial of due process, exceeding of jurisdiction, or abuse of authority in rendering the interpretation; and, WHEREAS, the City Council has taken and considered written and oral argument from the representatives for the appellant, and the Community Development Director, and has found that the Director provided due process and did not exceed her jurisdiction, but abused her authority in rendering the Interpretation; and, WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED that the City Council reverses the Community Development Director’s Interpretation of the Land Use Code regarding Linear Lighting. 1) LED ribbon/linear/channel LED lighting is not considered a form of Linear Lighting. This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Aspen City Council at its regular meeting on ____________, 2019. ATTEST: _______________________ ____________________________ Linda Manning, City Clerk Steven Skadron, Mayor P177 X.a Page 2 of 2 Approved as to form: ________________________ James R. True, City Attorney P178 X.a P179 X.a P180 X.a P181 X.a P182 X.a P183 X.a P184 X.a 420 East Main Street, Suite 200 Aspen, CO 81611 Tel: (970) 925-9450 Fax: (888) 266-0103 www.genshaftcramer.com December 5, 2018 VIA EMAIL City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Attn: Ms. Jennifer Phelan Re: Appeal of Land Use Interpretation Dear Jennifer: Reference is made to that certain Land Use Interpretation dated November 20, 2018 issued by the City of Aspen Community Development Department providing that certain LED lighting products (FlexSR490 and similar products) are a form of “Linear Lighting” and thereby a prohibited form of outdoor lighting (the “Interpretation”). The Interpretation responded to a request made by Forum Phi (the “Request”) on behalf of the BCL Trust (“Owner”), as owner of the property located at 1409 Crystal Lake Road, Aspen, CO 81611 (the “Property”). Owner undertook a substantial redevelopment of the single- family residence on the Property (the “Project”). This firm represents Owner and issues this letter as an appeal of the Interpretation. Owner also received a correction notice from the City of Aspen dated October 16, 2018 providing that Owner shall remove certain outdoor linear lighting fixtures that do not comply with the City’s outdoor lighting code (the “Correction Notice”). The Correction Notice is referred to herein insofar as the Interpretation and Correction Notice address related items. The Interpretation provides that any appeal may be initiated by filing a notice of appeal on a form prescribed by the Community Development Director. However, the Community Development Director has acknowledged that no form is prescribed for this appeal and, therefore, this letter shall constitute such notice of appeal. Approved Plans and Lighting The Project includes the implementation of a lighting plan approved by the City of Aspen, including an amended lighting plan sheet, under permit #0022.2018.ARBK (the “Approved Plans”). A final certificate of occupancy was issued for the project on June 22, 2018 (the “Certificate of Occupancy”). Owner’s consultants worked closely with building department staff to finalize the lighting plan with specific architectural features (such as exterior walls with recessed lighting), fixture and light specifications and final light placement. Owner reserves all rights with respect to the previously approved lighting and to operate the residence in accordance with the Approved Plans and the Certificate of Occupancy. Facsimile: 888-266-0103 www.thomasgenshaft.com P185 X.a December 5, 2018 Page 2 Appeal of Interpretation Owner appeals the Interpretation on the following grounds: • The Interpretation is arbitrary and capricious as Section 26.575.150 of the City of Aspen Land Use Code (the “Code”) includes no definition of “Linear Lighting” and the City of Aspen relied on new external sources unilaterally and arbitrarily selected by the City of Aspen for such definition. • Section 26.575.150 of the Code prohibits exposed linear lighting when “primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement.” There is not intent for the proposed LED lights to be an architectural highlight. To the contrary, the LED lights are recessed within wall slots and fully shielded. The primary intention of the LED lights is simply to illuminate the motor court and patio areas in an appropriate, hidden, fully shielded and subtle manner. • Section 26.575.150 of the Code requires the primary intent of proposed lighting to be evaluated. However, the Interpretation and Correction Notice each fail to evaluate or address the intended purpose of the lighting. To broadly prohibit a class of products without regard to the intent and purpose of such products is inconsistent with the plain language of the Code. With respect to the Project, the lighting plan (including the proposed LED lights) was specifically developed to eliminate the escalation of nighttime light pollution and prevent inappropriate and poorly designed or installed outdoor lighting, all in strict conformance with the Code. The lighting and detail in question were carefully designed, with specific input from building department staff, to be “dark sky compliant”. • The Approved Plans and Certificate of Occupancy expressly permit use of the LED lights. To deny Owner the right to use the same lighting scheme in a lower level patio, including installation of the LED lights in a recessed and shielded area of a wall specifically designed for such lights, is non-sensical and unreasonable. • The City has approved numerous lighting installations that would violate the Interpretation including, without limitation, lighting used within RFTA bus stops and lighting approved in neighboring residential projects. The Interpretation is simply inconsistent with the City’s prior approvals. • The Interpretation notes that the IRC and NEC “only require outdoor lighting related to safety for exiting of a building as well as any stairs associated with the exiting” suggesting that Owner could only use the proposed lighting for added safety if permitted by the IRC and/or NEC. This flawed logic flies in the face of promoting safer building practices. In fact, since the LED lights along the motor court wall have been disabled, at least two (2) vehicles have backed into the wall. And, the proposed lighting on the lower level patio was designed, in part, to illuminate an otherwise dark walkway to the outdoor spa in a dark- sky compliant manner. P186 X.a December 5, 2018 Page 3 • The Interpretation suggests that the LED lighting may be permitted if the IRC and NEC required outdoor lighting for exiting of a building or stairs when in fact the Code allows lighting for convenience, safety or decoration in all sorts of areas not expres sly required or addressed by the IRC or NEC. Therefore, the IRC and NEC have no relevance to the Request, Interpretation or Correction Notice. Owner also reiterates all points, arguments, facts and assertions contained in the Request. We thank you for your attention to this matter. Sincerely yours, GENSHAFT CRAMER LLP __________________________ By: Benjamin S. Genshaft, Esq. cc: Forum Phi BCL Trust Gregg Mackell Scott Stein Jessica Garrow P187 X.a P188 X.a P189 X.a P190 X.a P191 X.a P192 X.a P193 X.a P194 X.a i D -v -v m D -� r � O O -n CD r C) z m iU D m X �^ CC) V) D O n c r �7 D — c D Ff N z rD. 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U) m r C — m I07 _ r � vcD cD r D O'1'1` C sir, N 77-0 r • O � r Z (D0 < r=` C Q .--h , O) :t. zr O s" �/�� — 1 _ CD Q 07 m (DC� O Qp' O ' ow >� cn \` CD_ � — cD O n Z3 L1A O c Z3 _ O t O Q �J = � CQ Cl) ( 0 C/) VCD 0 -0 cO ZC/) D m CD r =3 r C/) > � o m m -� m Z � < y N (D � c 07 m , v m .� — W 5' (D �. ((D �� cn cn Jennifer Phelan Subject: FW: Lighting Violations 1408 and 1409 Crystal Lake Road From:.captco@aol.com <captco@aol.com> Sent:Tuesday, February S, 2019 8:33 PM To:Jim Pomeroy<iim.pomeroy@citvofaspen.com> Subject: Re: Lighting Violations 1408 and 1409 Crystal Lake Road Hi Jim, Here is a draft. Let me know if you want me to change anything. 1.Holiday lighting needs to be regulated to one or two trees? per household. Festooning thousands of trees with plastic (that deteriorates, polluting the air, water and soil) to burn energy and light up the night, strangles the trees, poisons and potentially electrocutes birds and squirrels, pine martens and so on. It has to be disturbing to all nocturnal wildlife. It degrades the environment. 2.There is no way for me to describe the awful and destructive impact that the 6 year reconstruction of 1409 has had on us here on Riverside Dr. Once it was done we thought we could maybe get on with our lives - not so -all the heat pumps for the house were lined up on the side that would most impact us and our neighbors (despite Steven Kanipe's promises) - they run at 45dBa + day and night. Environmental Health does not want to do anything about it(despite State Law making 45dBa + illegal -certainly Aspen should be quieter than that?) -then with Jim Pomeroy's help we finally get somewhere vvith the crazy lighting scheme and now they are appealing it?They knew what code was when they built the house-they submitted plans and got approval -they installed lights that they knew were illegal expecting to get away with it-"ask for forgiveness later"- now not being forgiven, they fight. Long ago when people came here to revel in nature and night life, nobody would have dreamed of building such a place as 1409. Nobody's ego was such that they had to have 20,000 square feet of space or a bowling alley in a sub basement. Now in the age of billionaires people come here to one-up one another, show off their contempt for money because they have so much. Burn bright lights all night even though I'm thousands of miles away- no problem! - I used up 20 Olympic swimming pools of diesel to dig my foundation! Their mantra is"no one matters but me". Please enforce the lighting code and keep those lights off. Please tighten up the noise ordinance. Please limit holiday lighting. Thank you. Tim Murray Aspen -----Original Message----- From: Jim Pomeroy <lim.pomeroyCcDcityofaspen.com> To: captco .aol.com <captco ,aol.com> Sent: Fri, Feb 1, 2019 12:02 pm Subject: RE: Lighting Violations 1408 and 1409 Crystal Lake Road Hi Tim, Here is an update on everything. We are currently in a bit of a holding pattern on enforcement because after we told them that some of their exterior lighting did not meet our Code, they asked for a formal written interpretation. Once that was given to them, they then filed a formal appeal which is going to council. That appeal is scheduled to be heard by Council on February 11th. It may be one the last items on the agenda—were not sure. While this is not actually a public hearing, I am pretty sure that the mayor would be happy to take public comments if you wanted to speak. Please just give us a heads up so we can let the mayor know. An alternative to speaking would be to send me an email with whatever 3omment you want to make, and I will forward that on to Council members. As to the Christmas lights, our Code actually allows any "Holiday lighting" to be displayed until March 1. Cheers, 1 i ASPENS Jim Pomeroy Zoning Enforcement Officer 130 S. Galena St. Aspen, CO 81611 p 970.429.2745 c 970.618.3790 www.citvofaspen.com www.aspencommunityvoice.com Q H Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further,the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable,the information and opinions contained in the email are based on current zoning,which is subject to change in the future,and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: captco(a)aol.com <captco aol.com> Sent: Thursday, January 31, 2019 6:03 PM To: Jim Pomeroy <iim.pomeroy(o)cityofaspen.com> Subject: Lighting Violations 1408 and 1409 Crystal Lake Road Hi Jim, I am sorry to bother you with this again, but it is very annoying to have these lights trespassing. The unshaded deck lights have been left on 24/7 since Christmas. They penetrate through the trees and all the way over here. There are now very bright Christmas tree lights and some other uplight that is pretty intrusive in the courtyard at 1409 -these all are on some kind of timer, but they are on half the night. I do not think anyone is at home at either place. Please feel free to come over any time- no harm will come to you. Thank you. Tim Murray 970-925-4998 2