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HomeMy WebLinkAboutagenda.council.regular.20120611I CITY COUNCIL AGENDA June 11, 2012 5:00 P.M. I. Call to Order II. . Roll Call III. Scheduled Public Appearances a) Emergency Responders Certificates IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Board Appointments — P &Z; Board of Appeals & Examiners b) Resolution #58, 2012 — Stormwater Master Plan Contract c) Resolution #59, 2012 — Truscott Affordable Housing Building 100 Master Plan d) Resolution #57, 2012 - Contract - Water Plant Site Development Plan e) Resolution #60, 2012 - Quitclaim Deed for structures in the Willow Creek and Herrick Ditches to the Ditch Company D Resolution #61, 2012 - Contract — Gondola Plaza Pedestrian Crossing g) Resolution #62, 2012- Contract -Maroon Creek Metering Project h) Minutes — May 29, 2012 VII. First Reading of Ordinances VIII. ,Public Hearings a) Ordinance #19, 2012 — Pitkin County Library SPA Amendment b) Ordinance #17, 2012 — AspenModern Negotiation —Aspen Athletic Club continue to 7/9 IX. Action Items X. Adjournment Next Regular Meeting June 25, 2012 COUNCIL'S ADOPTED GUIDELINES • Stick to top priorities • Involve others in community problem solving • Be thorough, deliberate and accountable for consequences when making decisions MEMORANDUM TO: Mayor and City Council FROM: Kathryn S. Koch, City Clerk DATE: June 4, 2012 RE: Board Appointments By approving the consent calendar, Council is making the following appointments: Board of Appeals and Examiners Steve Saunders Jim Iglehart Chet Feldman Planning & Zoning Ryan Walterscheid Council, interviewed Ryan. Walterscheid on May 21, 2012. In the past Council has not interviewed any Board of Appeals and Examiners applicants. km-!% 10T 1 WKQ �A 0111 1111 TO: Mayor and City Council FROM: April Long, P.E., Stormwater Manager l� THRU: Trish Aragon, P.E., City Engineer Scott Miller, Capital Asset Director DATE OF MEMO: June 4, 2012 MEETING DATE: June 11, 2012 RE: Smuggler /Hunter Surface Drainage Master Plan, Professional Services Contract Approval for URS Corporation. SUMMARY: Staff recommends that Council approves the contract for URS Corporation in the amount of $162,646.00 for professional services for a Surface Drainage Master Plan of the Smuggler /Hunter drainage basin. BACKGROUND: Currently the City has a Surface Drainage Master Plan for the Aspen Mountain basin, which includes the area within the City limits south of the Roaring Fork River, with a western boundary of Castle Creek and an eastern boundary of the Ute Cemetery. This plan was completed in November of 2001 by WRC Engineering, Inc. The Surface Drainage Master Plan analyzes the given area and estimates the amount of surface runoff expected and the direction this runoff will flow. It analyzes the existing drainage facilities and determines which facilities cannot convey this flow without flooding. The plan evaluates upgrades and.capital improvement alternatives, along with cost estimates for these alternatives. , In April of 2010 the City adopted an Urban Runoff Management Plan in order to provide minimum standards and technical guidance that address stormwater runoff in the development and redevelopment of the City of Aspen. This plan is intended to assist homeowners, developers and their consultants with the design of their development as it relates to stormwater management. As the City continues to improve its stormwater management standards and system, the Hunter /Smuggler Surface Drainage Master Plan Project will expand on the coverage of the current Surface Drainage Master Plan and employ the standards outlined within the Urban Runoff Management Plan. With the development of this Project the majority of the City east of Castle Creek, will be encompassed in a Surface Drainage Master Plan allowing for continued progressive management of the City of Aspen's stormwater. The purpose of this Project will be to develop a Surface Drainage Master Plan (the Plan) for the Smuggler and Hunter Creek drainage areas within the City of Aspen; the area north -east of the Roaring Fork River and south -east of Hunter Creek. The Plan will inventory the existing stormwater conveyance system, evaluate the capacity of the existing infrastructure, evaluate improvement alternatives, and prepare a comprehensive plan for improving identified stormwater system deficiencies, including both quantity and quality perspectives. Ultimately, existing and future problem areas will be identified and prioritized and recommended design concepts will be presented. Council approved $200,000 from the Stormwater Fund for this project in the 2011 capital projects budget. Due to staff availability this project was carried forward in 2012. In 2011, $25,000 was paid to Colorado Water Conservation Board for assistance with the Pitkin County FEMA Floodplain Mapping project, which will provide the City with i4ew digital floodplain maps throughout the City limits including in the Smuggler/Hunter drainage area. DISCUSSION: Proposals were received from four consultants listed below: Icon Engineering, Inc. Matrix Design Group URS Corporation WRC Engineering, Inc. A team of four employees from the engineering department performed independent reviews of the proposals. The proposals were then ranked as a group based on the rankings of each reviewer. Consultant fees were not considered until the proposals were scored. Proposals were evaluated based on experience, project understanding and approach, and proposal presentation. More specifically, criteria carrying the most weight included: ■ Comprehension of services requested ■ 'Team's qualification, experience and expertise in stormwater master planning ■ Project approach and proposed scope ■ Previously similar projects The consultant team receiving the highest scores and the review committee's selection is the URS Corporation Team, which includes Rocky Mountain Ecological Services and SurvCo. This team was selected based on it's expertise in the subject matter, experience with similar and relevant projects, understanding of the project and of Aspen's desired approach, and the quality and detail of their proposal. The URS team members have worked in the development of stormwater master plans across the nation and within Colorado. Of significant importance, the URS team demonstrated a more comprehensive understanding of the services Aspen would need to complete a stormwater master plan in this area and delivered a comprehensive and well- defined project approach. FINANCIAL IMPLICATIONS: Staff intends to use stormwater funds dedicated and approved for this Project by City Council in 2011. Total Project Expenditures FEMA project (2011) $25,000 URS Proposal $162,646.00 Total $187,646.00 Funding Budgeted Stormwater Master Planning — Smuggler and Hunter Creek (Acct# 160.94.94112.83999) $200,000.00 RECOMMENDATION: Staff recommends that Council approves the contract for URS Corporation as discussed above. ' CITY MANAGER COMMENTS: Attachment A: Agreement for Professional Services (between the City of Aspen and`URS Corporation) RESOLUTION #'S-9 (Series of 2012) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND URS CORPORATION, SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE SMUGGLER/HUNTER SURFACE DRAINAGE MASTER PLAN AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and URS Corporation, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and URS Corporation regarding the Smuggler /Hunter Surface Drainage Master Plan, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, 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 June 11, 2012. Kathryn S. Koch, City Clerk CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009 1WThe City of Aspen Oft pnorneY's Office PROFESSIONAL SERVICES City of Aspen Project No.: AGREEMENT made as of 4th day of June, in the year 2012. BETWEEN the City: The City of Aspen c/o April Long, PE, Stormwater Manager 130 South Galena Street Aspen, Colorado 81611 Phone: (970) 920 -5055 And the Professional: URS Corporation c/o Kimberley Pini 713 Cooper Avenue, Suite 100 Glenwood Springs, CO 81601 Phone: 970 - 384 -4731 For the Following Project: Smuggler/Hunter Surface Drainage Master Plan Contract Amount: Total: $162,646.00 If this Agreement requires the City to pay an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work. Exhibit B: Hourly Fee Schedule. City Council Approval: Date: Resolution No.: Agreement Professional Services Page 0 The City and Professional agree as set forth below. 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than June 30; 2013. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non -Assn ng ability. 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 Agreement Professional Services Page 1 this'Agreement by the Professional, and the City may withhold any paymentsto the Professional for the purposes of set -off until such time as the exact amount of damages due the City from the Professional may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing _contained in this agreement shall result. in,-or. be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to 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 arid 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, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The. Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the .final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this"contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations Agreement Professional Services Page 2 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 FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self - insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) 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 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, with the exception of Professional Liability, shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above, with the exception of Professional Liability, shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or Agreement Professional Services Page 3 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 $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24 -10 -101 et seq.; C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. Agreement Professional Services Page 4 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 13 -98, 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 tenns are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot. employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. Agreement Professional Services Page 5 "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 employ 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. (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 Agreement Professional Services Page 6 (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, 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 Agreement Professional Services Page 7 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 be4 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. 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. Agreement Professional Services Page 8 CITY OF ASPEN, COLORADO: [Signature] By: [Name] Title: Date: Approved as to form: City Attorney's Office PROFESSIONAL: [Signature] By: - - [Name] Title: Date: Agreement Professional Services Page 9 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT' Scope of Work Agreement Professional Services Page 10 SMUGGLER /HUNTER SURFACE DRAINAGE MASTER PLAN SCOPE OF WORK 1. INTRODUCTION The City of Aspen (the City) is requesting sealed proposals from interested Civil Engineering Consulting firms for the _. Hunter /Smuggler Surface Drainage Master Plan Project (Project). The objective of the Project is to compile a document which provides a clear and concise explanation of the City's existing stormwater system, establishes stormwater management goals for the future, presents tools to meet or exceed established goals and provides a foundation for future policy and /or project decisions. 2. BACKGROUND Aspen is a resort community located at 7,900 feet in elevation within the Elk Mountain Range and is approximately 200 miles southwest of Denver, Colorado. Aspen receives about 25 inches of rain each year, as well as 300 inches of snow, and is in a relatively.flat valley floor surrounded on three sides by Aspen, Smuggler, and Red Mountains. The Roaring Fork River flows through the middle of Aspen and is considered a Gold Medal Trout Stream upstream and downstream of Aspen's City limits. Development within Aspen typically consists of upscale residential and commercial redevelopment, often on less than 1 acre and rarely on parcels larger than 3 acres. Aspen attracts world -class athletes, musicians, political and religious leaders, and outdoor enthusiasts. Because of Aspen's long time commitment to protection of the environment, recognition as a world leader in innovative and progressive movements, and because Aspen discharges into pristine Colorado waters, rigorous stormwater standards are necessary and supported. Currently the City has a Surface Drainage Master Plan, which includes the area within the City limits south of the Roaring Fork River, with a western boundary of Castle Creek and an eastern boundary of the Ute Cemetery. This plan was completed in November of .2001 by WRC Engineering, Inc. and copies are held in the City of Aspen's Engineering Department. The Surface Drainage Master Plan analyzes the given area and estimates the amount of surface runoff expected and the direction this runoff will flow. It analyzes the existing drainage facilities and determines which facilities cannot convey this flow without flooding. The plan evaluates upgrades and capital improvement alternatives, along with cost estimates for these alternatives. Agreement Professional Services Page 11 In April of 2010 the City adopted an Urban Runoff Management Plan in order to provide.minimum standards and technical guidance that address stormwater runoff in the development and redevelopment- of the City of Aspen. This plan is'intended to __- _assist homeowners, developers and their consultants with the design of their development as it relates to stormwater management. As the City continues to improve its stormwater management standards the Hunter /Smuggler Surface Drainage Master Plan Project will expand on the coverage of the current Surface Drainage Master Plan ,and employ the standards outlined within the Urban Runoff Management Plan. With the development of this Project the majority of the City, east of Castle Creek, will be encompassed in a Surface Drainage Master Plan allowing for continued progressive management of the City of Aspen's stormwater. 3. WORK DESCRIPTION The purpose of this Project will be to develop a Surface Drainage Master Plan (the Plan) for the Smuggler and-Hunter Creek drainage areas within the City of Aspen; the area north -. east of the Roaring Fork River and south -east of Hunter Creek, as seen in "Figure 1 ". The Plan will inventory the existing stormwater conveyance system, evaluate the capacity of the existing infrastructure, evaluate improvement alternatives, and prepare a comprehensive plan for improving identified stormwater system deficiencies, including both quantity, and quality perspectives. Ultimately, existing and future problem areas will.be identified and prioritized and recommended design concepts will be presented. 3.1. Scope of Work The selected Consultant will provide professional services that include, but are not limited to: 3.1.1. Define Existing Stormwater Management Infrastructure: The.Consultant shall collect and review existing drainage facility data for all stormwater conveyances and structures, inlets, pipes, culverts, swales, and tributaries to the Roaring Fork River and Hurater Creek. The Consultant should collect existing curb and gutter information from the City's GIS and Engineering Departments. Additionally the Consultant shall collect and review information related to the network of Agreement Professional Services Page 12 irrigation ditches and structures. The inventory efforts will involve the location, attribution, verification or correction of the existing data as necessary, creation of new data as necessary, and GIS mapping of the system. The current design capacity of all structures and _. natural channels shall be analyzed, under existing. .conditions. A comprehensive hydrologic and hydraulic analysis should be conducted utilizing GIS -based platform. The Consultant shall utilize CUHP and SWMM modeling systems. Hydraulic modeling shall be completed with consideration of both surface runoff and snowmelt, running the model for the two year, five year, ten year, twenty -five year, and one - hundred year flow conditions. The Consultant shall develop a stormwater model with linked results. The existing open channels and_ closed systems are to be modeled in order to estimate the water surface elevations for each of the peak flows determined in the hydrologic model. The hydraulic model(s) should be capable.of accurately modeling both open and closed stormwater conveyance systems. The Consultant shall utilize CUHP and SWMM modeling systems. The basis of standards for this project shall be the current Urban Runoff Management Plan. Potential problem areas or areas of conflict should be noted and explained in the Plan. Examples of potential problem areas include deficiencies in the existing systems, poor water quality or contamination issues, areas of excessive erosion due to poor stormwater management, and identification of existing facilities that are not able to function within the requirements of current local, regional, state and federal codes'and regulations under peak flow conditions. 3.1.2. Water Quantity: The Consultant shall utilize CUHP, SWMM, and HEC modeling systems to identify Flood Hazard Zones if not identified by FEMA. FEMA and the Colorado Water Conservation Board are curr.ene'ly updating the floodplain maps within the study area. The draft floodplain maps from 2011 should be used in the development of the master plan. Areas with a history of flooding shall be analyzed in detail in order to determine the adequacy of the existing drainage facilities and Agreement Professional Services Page 13 requirements for future development'within the area. Specific areas that have been identified are: ✓ Spruce Street ✓ McSkimming Rd The Consultant-shall prepare a Regional Drainage -Areas coverage map. The Consultant shall prepare a Drainage Basin Areas coverage map. 3.1.3. Water Quality: The Consultant shall identify potential locations for regional water quality improvements. Based on system review the Consultant shall help staff develop, refine and prioritize a list of future water quality projects. Existing wetland and riparian areas should be identified and mapped. 3.1.4. Debris and Mud Flows: The Consultant shall identify any areas of potential debris and /or mud flow hazards. The hazard potentials shall be modeled using the FLO -2D modeling system. The Consultant shall model the two year, ten year, fifty year, and one - hundred year flow.conditions. The node spacing used in the model should be 50 feet.or less. All input conditions and outputs shall be provided to the City, both as a report and in plan form. 3.1.5. Mine flows: The Consultant shall identify any areas.of potential mine water outflow. The Smuggler Superfund Site is located within the study area boundaries and any water coming from the superfund or mining site should be documented in the master plan. 3.1.6. Irrigation: The Consultant shall compile existing information on irrigation structures and /or ditches as part of the master plan. Their capacities shall be documented. 3.1.7. Improvement Recommendations: The Consultant shall prepare a list of facility needs based on the most restrictive conditions encountered (two year, ten year, fifty year, and one - hundred year Agreement Professional Services Page 14 storm). Discuss with staff methods of analyzing and proposing improvement recommendations. Recommend resulting drainage capital improvement projects. Identify each facility, including a map showing the location of the project, a description of the project, the cost, existing customers or future development. Also describe regulatory agency permitting, right -of -way acquisition, scheduling and operational requirements. The capital improvement projects shall be prioritized based on a ranking system of the various storm drain elements. At a minimum, the suggested ranking shall consider risk of personal injury and /or property damage, cost /benefit analysis, and the level of flood protection deficiency. All recommended capital improvement projects shall be realistically feasible, both financially and physically. The capital improvement plan should be complete for the 20 year planning horizon. 3.1.7.1. Upgrade to 10 year event: The Consultant shall determine what upgrades would be required to improve the existing stormwater system to 10 year event capacity. Identify each facility improvement, including a map showing the location of the project, a description of the project, the cost, and existing customers or future development. The cost estimates should include property or right -of -way acquisition, design, environmental, geotechnical, survey, administration, regulatory agency permitting, construction management and construction. 3.2. Deliverables The Consultant shall provide a Hunter /Smuggler Surface Drainage Master Plan in both paper and electronic formats. A web -ready version of the final document will also need to be provided. Up to twenty copies of the final and draft reports are required. The final Hunter /Smuggler Surface Drainage Master Plan shall be a comprehensive and detailed report that describes the steps and methodology used to complete the project. The document should include an executive summary, details of all completed modeling, calibration,methodologies, details of all alternatives evaluated, benefit /cost analyses, summary and comparison tables, figures, and the final list of recommended projects. Agreement Professional Services Page 15 The Consultant shall develop base sheets and provide both hard copy and electronic forms using the most current version of AutoCAD, with Civil 3D being preferable. The base sheets shall clearly display the watershed hydrologic mapping, an existing drainage facility inventory, and recommended master planned drainage facilities The Consultant shall provide both hard and electronic copies of the stormwater CUHP, SWMM, and HEC modeling systems and maps. The Consultant shall propose a stormwater pipe modeling system, with clear demonstration of reasoning for chosen model. The Consultant shall also provide electronic copies of the FLO -2D modeling system. All input conditions and outputs shall be provided to the City, both as a report and in plan form. All base sheets and modeling results shall be submitted by the Consultant in the following format: Format: ARCINFO export format with no compression, AutoCAD format or ARCINFO shapefile format. The city engineering department shall determine the preferred format with the chosen consultants input after a notice to proceed is issued. Coordinate System: All data will use the following coordinate system: ✓ Stateplane Colorado Central Zone ✓ FIPS Zone 502 ✓ Units: US Survey Feet ✓ Horizontal Datum: NAD 83 ✓ Vertical Datum: NGVD 29 Metadata: All data layers must have metadata that conforms'to the Federal Geographic Data Committee Standards (FGDC) Media: All information will be written to CDROM, using ISO9000 standard and include documentation describing the files contained on the CDROM. Adobe Illustrator, Quark Express or other drawing programs are not acceptable GIS formats. All survey work for the project shall tie into existing City control diagram points, which are available on the Agreement Professional Services Page 16 City website. The City reserves the right to reject and cause Consultant to redraft at no cost to the City any drawing that is not tied into the control diagram points. PDF submittals in lieu of any of the above formats will not be accepted. 3.3. Project Management The selected Consultant shall work closely with City staff to develop a product that meets the City's expectations. Multiple meetings will be required at key intervals to ensure the plan is maintaining the desired focus. Progress meetings shall occur monthly and the Consultant team is expected to attend every -other monthly meeting at the City's offices. Some of the data needed for the analysis is available through the City's GIS and various other databases. Other data necessary to provide an accurate report shall be the responsibility of the Consultant. In addition to meetings with City staff the Consultant will need to execute a public process which will include two public meetings prior to the finalization of the Draft Plan and one work session /public meeting with City Council prior to the finalization of the Final Plan. The Consultant.may need to meet additionally and present draft and final reports to groups such as the public, advisory boards, other City departments and /or City Council. The Consultant will work as a City consultant, and as such, will be perceived by the public as a City agent; therefore, the Consultant's staff must reflect the professionalism and courtesy of a public employee when dealing with the public. These meetings shall require enough visual aids to sufficiently present the report. The Consultant shall also be required to provide meeting. summaries for all meetings, including conference calls, for the duration of this project. A detailed communication plan shall be developed, approved by the City, and shall be adhered to throughout the project. 3.4. Project Schedule Work will not commence until the written Notice to Proceed is issued by the City and received by the Consultant. This project is expected to begin in May 2012 and be completed Agreement Professional Services Page 17 .by'May 2013. Prospective Consultants should provide'an .anticipated schedule as part of their proposal package. A more detailed schedule shall be developed and approved after the project is awarded. The City of Aspen is committed to environmental stewardship and serves as a model green community. Its environmental initiatives, including the Utilities Efficiency Division, Renewable Energy Division, Environmental Health Department, and Canary Initiative work to drive forward the City's mission of energy efficiency, . sustainability,.and greenhouse gas reduction. With this in mind all submittals should be double - sided, electronic correspondence and review shall occur when possible, and conference calls or skyping should be utilized when feasible, rather than traveling. 4. PROPOSAL CONTENTS ✓ A cover letter, of not more than one page, introducing the company and its desire to provide a Hunter /Smuggler Surface Drainage Master Plan for the City. The cover letter should also include the company name and address, as well as the name, telephone number and email address of the individual authorized to represent the Consultant on all matters relating to this Request for Proposals. The letter must be signed by an individual authorized to bind the Consultant to all terms, conditions, and commitments made in the proposal. ✓ A table of contents that clearly defines sections and includes page numbering. ✓ General information about the firm, including the size of the organization, location of the offices, years in business, and organization chart. ✓ Names and qualifications of staff proposed for the assignment, their position in the firm, their position with the project, and types and amount of experience that support that position with the project. A description of how overall supervision will be provided should also be included. ✓ A narrative supported by past experience providing related Surface Drainage Master Plans, preferably . reflective of work with local governments in mountain towns. Agreement Professional Services Page 18 ✓ A description of the 'standard method of compensation, including charges for reimbursable expenses and personnel hourly billing rates. ✓ A detailed description of the scope of work as outlined in the "Scope of Work" section contained in this document, including timelines and deliverables. ✓ At least three references, including contact names and telephone numbers of clients for which prior services have been provided. Emphasis should be placed on Colorado clients and local government clients. ✓ Consultant should detail what it expects and requires of the City in order to effectively perform the services outlined in this Request For Proposal. ✓ Submit a separate sealed fee proposal, including a statement of cost breakdown associated with each of the tasks as outlined in the scope of work. 5. PROPOSAL EVALUATION AND SELECTION 5.1. Review Proposals will be reviewed and evaluated by personnel from the City of Aspen Engineering Department and other departments as necessary. Each proposal-will be evaluated on content quality and completeness as described in the preceding section. Interviews may be conducted with the top ranking firms if the City deems it necessary. 5.2. Evaluation Criteria The City will review proposals and determine those that qualify. The City will select a Consultant who in its sole judgment, best suits the needs of the City. The evaluation criteria include, but are not limited, to the following: ✓ Demonstrated.understanding of the services requested. • Prior experience and client satisfaction performing similar work, with preference given to Consultants with experience working with government or Colorado clients. • Qualifications of the firm and assigned individuals. • Acceptability and scope of service capabilities. • Fee structure and cost effectiveness of the proposal. ✓ Reference checks. Agreement Professional Services Page 19 5'.3. Proposal Submission Three (3) paper copies and one (1) electronic copy of the proposal must be submitted on or before 3:OOpm, April 9, 2012 to the City Purchasing office, 130'S. Galena Street, Aspen, Colorado 81611. The City cannot accept late proposals. The paper copies must be printed on both sides of the paper and bound individually in a three -ring binder or paper folder that contains post consumer recycled material. The electronic copy must be compiled into a single PDF document on a CD or thumb drive device. Failure to compile the proposal into a single PDF document may result in disqualification. 5.4. City Reservation The City of Aspen reserves the right to waive irregularities or discrepancies in a proposal if the City determines that the waiver is in the best interest of the City. 5.5. Addenda to the RFP The provisions of this RFP cannot be modified by oral interpretations or statements. If inquiries or comments by. offerors raise issues that require clarification by the City, or the City decides to revise any part of this RFP, addenda will be posted to the Purchasing website. 5.6. Questions Questions regarding the RFP and /or procurement process must be submitted in writing to rebecca.hodgson @ci.aspen.co.us All questions with answers will be posted on the Purchasing website for all Offerors to review. 5.7. Legal The Aspen City Attorney has created the documents Instruction to Offerors of Professional Services (attachment A) and a standard City contract, Professional Services Agreement (attachment B) that contain the legal parameters for contracting with the City of Aspen. By submitting a proposal, the Offerors agrees to the parameters without change. Agreement Professional Services Page 20 n EXHIBIT B PROFESSIONAL SERVICES AGREEMENT Hourly Fee Schedule Agreement Professional Services Page 21 0 L�� April 9, 2012 Ms. Rebecca Hodgson Purchasing Department City of Aspen 130 South Galena Street, Aspen, Colorado 81611 URS Corporation 713 Cooper Avenue, Suite 100 Glenwood Springs, CO 81601 Tel: 970.384.4731 www.urs.00m Subject: Cost Proposal for Hunter /Smuggler Surface Drainage Master Plan, 2012 -041 Dear Ms. Hodgson and Members of the Review Committee: Attached please find our Fee Proposal for Professional Services for the 2012 Hunter /Smuggler Surface Drainage Master Plan for the City of Aspen. The attached spreadsheet is structured to show the estimated man -hours and costs to complete each required Task, as described on our proposal, and a Total Estimated Base Price. Thank you for this opportunity to submit our proposal for your consideration. If you have questions, please contact Dave Merritt (970- 384 -4738, david.merritt @urs.com) or John Griffith (303- 796 -4696, john.griffith @urs.com). Thank you for considering URS for this project and we look forward to the opportunity to work with you. Sincerely yours, David H. Merritt, PE, D. AAWRE John Sikora, PE Project Manager Vice President Table 1, Cost Summary. Hunter /Smuggler Surface Drainage Master Plan, City of Aspen, Colorado. April 2012 3 3 � 0 � c •� •�^� � ao aCi ca a N a� VVj 0 i i N y ►u 0 V�1 1 i "' CU) H En H Total Hours Rate Unit Labor Consultant 1 196 170.00 $/hr 2 26 36 0 4 Project 1 252 124.00 $/hr 32 52 0 14 32 Staff 4 208 113.00 $/hr 8 24 104 0 40 Staff 2 52 93.00 $/hr 0 40 0 12 0 Assistant/Support Staff 4 354 77.00 $/hr 48 124 0 0 80 Assistant/Support Staff 3 264 67.00 $/hr 28 40 8 4 80 Assistant/Support Staff 2 92 56.00 $/hr 0 0 8 3 0 Labor Hours Subtotal 1,418 118 306 156 33 236 Labor Subtotal ($) $ 10,784 $ 29,528 $ 18,856 $ 3,288 $ 20,688 Other Direct Costs Express Mail 1.00 1.10 each $ - $ - $ - $ - Travel 1.00 1.10 LS $ 770 $ - $ 770 $ 330 Subcontractors $ - $ - $ - $ - SurvCo 1.00 1.10 LS $ 12,870 $ - $ - $ - $ - RMES 1.00 1.10 LS $ 2,970 $ 1,430 $ - $ - $ Expenses Subtotal $ 16 610 $ 1430 $ 776 $ 330 $ - GRAND TOTAL $ 27,394 $ 30,958 $ 19,626 $ 3,618 $ 20,688 C� THE CITY of ASPEN MEMORAND UM TO: Mayor and City Council �1 . FROM: John Laatsch, Capital Asset Project Manager THRU: Scott Miller, Capital Asset Director DATE OF MEMO: June 4, 2012 MEETING DATE: June 11, 2012 RE: Truscott Affordable Housing Building 100 Master Plan REQUEST OF COUNCIL: Staff seeks approval of a Contract for Professional Service to Analyze the Housing uses of the 100 Building former Commercial Space. 1) Staff seeks approval of a Contract with Stryker Brown Architects for the Reuse Analysis of the Truscott Housing Commercial Portion of the 100 Building, in the amount of $27,600. In addition to the contract sum a reimbursable sum of $1,500, a project contingency of $5,000 and $5,000 for staff time bring the total value of the project to $39,100. PREVIOUS COUNCIL ACTION: Council has only addressed this Master Planning Effort in the annual budget with its approval. BACKGROUND: The analysis of the Truscott 100 Building has been discussed for many years in an effort to determine the structural and reuse value for housing units. The area presently is being used for project offices, housing maintenance and storage with a large square footage of space not being used. DISCUSSION: This structure was last commercially used as a Red Roof Inn prior to its conversion to affordable rental housing. The housing units of the Inn have been used for affordable housing units for some time. The Asset Department is just completing a major cleanup of the entire commercial building with the removal of the remaining kitchen fixtures, walk in freezer, cleanse of record storage and creation of safe and secure space for Police, Finance, Clerks and Managers department files. The commercial space has been used for many activities over the history of the city ownership with Golf management offices and even CDOT offices for the construction of the Maroon Creek Bridge, staff meetings and a Galena Plaza Design Studio. It is now time to determine the best and highest use of this structure for housing units and or housing related services. . On March 9th the city set forth with a Request for Proposals to the-public with a March 291h due date. Four proposals were received with fees ranging from $12,000 to $31,500. A proposal team of staff reviewed the four proposals and selected the firms of WPA and Stryker Brown to be interviewed. As the result of the proposal and interview process the review team selected Stryker Brown to be the most qualified design team to undertake this particular contract. FINANCIALBUDGET IMPACTS: The Master Planning efforts have been in the approved budget. Page 1 of 2 CJ THE CITY or ASPEIQ RECOMMENDED ACTION: 1) Staff recommends approval of a contract with Stryker Brown Architect in the amount of $27,600 with a total project authorization of $39,100. CITY MANAGER COMMENTS: ATTACHMENTS: "Exhibit A ": RESOLUTION "Exhibit B ": Contract 0 Page 2 of 2 RESOLUTION # JV (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR PROFESSIONAL SERVICES TO PERFORM REUSE ANALYSIS OF THE COMMERCIAL PORTION OF THE TRUSCOTT 100 BUILDING BETWEEN THE CITY OF ASPEN AND STRYKER BROWN ARCHITECTS 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 professional services to perform a reuse analysis of the commercial portion of the Truscott 100 building, between the City of Aspen and Stryker Brown 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 for professional services to perform a reuse analysis of the commercial portion of the Truscott 100 building, between the City of Aspen and Stryker Brown 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 1 l th day of June 2012. Michael C. Ireland, Mayor I, Kathryn S. Koch, 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, June 11, 2012. Kathryn S. Koch, City Clerk CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009 PROFESSIONAL SERVICES The City of Aspen City of Aspen Project No.: 2012 -043. AGREEMENT made as of 14`x' day of May, in the year 2012. BETWEEN the City: The City of Aspen c/o Capital Asset Management 130 South Galena Street Aspen, Colorado 81611 Phone: (970) 920 -5055 And the Professional: Stryker Brown Architects c/o Wayne Stryker 225 North Mill Street Aspen, CO 81611 Phone: 970- 925 -2100 For the Following Project: Contract Amount: Total: $27,600.00 If this Agreement requires the City to pay an amount of money in excess of $25,000.00 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.: Professional services to perform an affordable housing architectural reuse analysis of the commercial portion of the Truscott 100 Building. Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Agreement Professional Services Page 0 The City and Professional agree as set forth below. 1. Scope of Work. Professional shall ,perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than June 27, 2012. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for. all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the. parties the payments made to Professional shall not initially exceed the amount set forth above. -Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non -Assi ability. 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 Agreement Professional Services Page 1 . any liability to the. City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set -off until such time as the exact amount of damages due the City from the Professional may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to 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, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition Agreement Professional Services Page 2 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. 0 (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 FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) 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 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 Agreement Professional Services Page 3 insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (0 City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The.parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24 -10 -101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. Agreement Professional Services Page 4 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 13 -98, 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. Illeeal Aliens — CRS 8- 17.5 -101 & 24- 76.5 -101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06 -1343 (subsequently amended by HB 07 -1073) and 06 -1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. ' "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. Agreement Professional Services Page 5 "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 employ 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. (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: Agreement Professional Services Page 6 (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, auditing, or in any other advisory capacity in any proceeding or application, request for Agreement Professional Services Page 7 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. Agreement Professional Services Page 8 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: [Signature] By: [Name] Title: Date: Approved as to form: City Attorney's Office PROFESSIONAL: VA a Mf, Title:.��,��_ r Exhibit A Scope of Work / / 10 Agreement Professional Services Page 9 EXHIBIT A Scope of Work i� 1) Facilitate stakeholder and Truscott resident meetings that involve project anaylsis, development review and discussion. 2) Field measure and draft existing building into .dwg format (ArchiCad base) for future drafting use. 3) Field measure existing site around the Truscott 100 Building and draft into .dwg fonnat (ArchiCad Base) for ftiture drafting use. 4) Research City Building Codes & Aspen Pitken County Housing Guidelines in order to ftirther understand project requirements, regulations and opportunities. 5) Collect information, solidify goals and compose a conclusive proposal based on research findings 6) Utilize imagery, drafting skills, diagrams and 3 -D modeling to convey new proposal for space and its benefit to the Truscott and Aspen community. 7) Verify what elements of the existing building are obsolete. 8) Integrate investigatory information, goal ideologies, and existing building reuse into a final presentation that clearly communicates project intentions. Page 29 225 NORTH MILL STREET ASPEN, COLORADO 81611 (PH) 970.925.2100 (FAX) 970.925.2258 The City's desire is to understand the range of options this portion of the 100 building presents for reuse as additional housing units in conjunction with other programming options.-There may be opportunities to make small additions or modifications to the building that provides for optimal housing development or there may be little opportunity within the structure to do much of anything and therefore the structure may best be maintained in its present uses or eliminated. The City is looking for the full breath of reuse options that meet code and housing guidelines. Required Base Options A. Maintain four (4) management offices and a rental reception desk. a. Maintain an equal square footage area for secured city files. b. Maintain basement maintenance facilities. c. Affordable Housing Units B. Maintain four (4) management offices and a rental reception desk. a. Maintain .basement maintenance facilities. b. Affordable Housing Units C. Maintain four (4) management offices and a rental reception desk. a. Affordable Housing Units D. Maintain four (4) management offices and a rental_ reception desk. a. Provide a suitable Community Room b. Affordable Housing Units E. Consultant independent programming options. Additional Information Required A. Description of overall project vision, including drawings, sketches, renderings or other graphics to illustrate experience in this design challenge B. Development pro -forma identifying the probable cost of construction and development C. Analysis of structure and need explaining choices made for unit mix, unit sizes and affordability mix. Agreement Professional Services Page 10 EXHIBIT B FEE SCHEDULE Hourly Fees: Partner In Charge= $160/ hour Structural Engineer ,= S 135 / hour Design Architect = $130 / hour Project Architect = S 100 / hour Technical /Drafts person = $75/ hour Total Hours: Stryker Brown Architects proposes working a total of 6 weeks at 40 hours per week, resulting in'240 total hours. Team Member Time Involvement: 80% Project Architect 10% Design Architect .05% Partner in Charge .05% Architect .05% Structural Engineer Allotted rate based on above hourly fees & team member time involvement: 80% ($100) = 10% ($130) = .05% ($160) = .05% ($130) = .05% ($135) = ------------ - - - - -I $80.00 / hour $13.00 / hour $8.00 / hour $6.50 / hour $7.00 / hour ota1= $115.00/ hour Calculated Fee: An assumed total of 240 hours at $115.00 per hour results in an estimate of $27,600.00 Agreement Professional Services Page 13 TIMELINE 1st Week: Set standards and expectations 1. Meet with project stakeholders and Truscott residents 2. Research needs, possibilities and opportunities 3. Feasibility and project goal brainstorming 4. Investigate sustainable (LEER) design potential 5. Investigate City code and Aspen Housing Authority regulations 2nd & 3rd Week: Project goals solidified, field measurements and investigations 1. Continue to meet with stakeholders & Truscott residents 2. Prioritize goals 3. Propose & solidify project scope 4. Draft existing building & site 4th Week: Communicate conclusive ideologies with design 1. Continue to meet with concerned parties 2. Diagram ideas and goals 3. Draft proposed spatial configurations 4. Review and Revise 5th Week: Develop design 1. Continue to meet with concerned parties 2. Review and Revise 3. Prepare final presentation 6th Week: Finalize design 1. Final presentation Agreement Professional Services Page 12 ME MEMORANDUM TO: Mayor and City Council FROM: Mike McDill, Deputy Utility Director THRU: Dave Hornbacher, Director of Utilities & Environmental Initiatives DATE OF MEMO: May 31, 2012 MEETING DATE: June 11, 2012 RE: Professional Services. Contract for the Water Site Development Plan REQUEST OF COUNCIL: Over the past few weeks the Water Utility has been soliciting and evaluating proposals to develop a comprehensive Development Plan for the Water Treatment campus. Having selected a preferred proposal, City Council is being asked to approve and award the attached contract for these services. PREVIOUS COUNCIL ACTION: City Council approved a number of different projects in the past couple of years for various improvements to different buildings on the Water Treatment campus. Each of these projects seems to have run into one or more reasons why they could not be successfully completed. $205;030 remains in the 2012 Budget in the Water Utility Capital Fund under Project #44105, Administrative Building. This will be more than enough money to complete this development plan and possibly start on the highest priority improvements recommended by this process. BACKGROUND: Over the years numerous individual projects have been constructed on the property, including an Administration Building, various treatment facilities, a reservoir, and some storage buildings. Being situated on a north facing slope, the site has always had problems with drainage and icing. Nearly all equipment is currently stored outside, which is hard on the equipment and makes it very difficult -to maintain and frequently difficult to start when needed. Over the past few years the Utility has tried to fix problems with roofs and building deterioration while creating some indoor equipment storage. Due to discovered structural deficiencies none of these attempts have been very successful. Page 1 of 3 This project would develop a plan for the whole site that will at least address: • The Water Utility has a history of outside slip /fall accidents which continually affect the daily capability of our employees and reflects on our insurance rates. • There is also clear evidence of snow and runoff damage to some buildings. • Most excavation and lift equipment sits out in the snow from the day it is purchased, which decreases the useable life and responsiveness to immediate needs. • The only group meeting area is currently in one of the treatment buildings where any conversation must be over the noise of the treatment process and no audio /visual capacity exists. • There are areas where the energy efficiency of the various buildings could be improved. • Initial discussions with staff may bring other current and long term problems to light. Our Water Utility will require detailed analysis and decision support information if we are to properly consider adjustments to future budgets to cover needed improvements at the Water Utility Site. If there are going to be any substantial improvements to the Water Utility Site, the need for them must be clearly communicated to decision makers with enough justification to respond to any potential citizen questions. DISCUSSION: Having selected a team led by Design Workshop to perform this Water Treatment Campus Development Plan, we presented the attached contract to them for their execution. Their proposal is attached and referenced in the contract for professional services. FINANCIALBUDGET IMPACTS: The "not -to- exceed" price of $53,960 in this contract is well under the amount available in the Administrative Building project mentioned above. It will be a valuable tool to start addressing some of our most pressing issues and in the development of capital budgets for future years. ENVIRONMENTAL IMPACTS: This study will evaluate needs of our Water Treatment Campus in enough detail, to develop a long term program to address the safety, storage and building deterioration problems currently existing on the site. All recommendations for long term capital improvements will be individually evaluated as to their environmental impacts or benefits. RECOMMENDED ACTION: Staff recommends Council's approval and award of this $53,960 contract for professional service to allow for the completion of a development plan for the Water Treatment Campus, which will be carried through the City's development review process and be ready to implement. ALTERNATIVES: The alternatives to awarding this contract are: • Reconsider the other firms who submitted proposals for this work. This will entail additional staff evaluation time. and a reasonable justification to Design Workshop: as to why we did not contract with them. • Re- advertise and solicit a new set of proposals for this work. This will entail additional advertising cost and more staff evaluation time. Page 2 of 3 O Defer this work to a future year and continue to live with the deteriorating buildings, unsafe work conditions, valuable equipment sitting out in the snow all through the winter and lack of adequate meeting space. PROPOSED MOTION: "I move to approve authorizing the City Manager to execute a professional services contract with Design Workshop in an amount not to exceed $53.960 for the Water Site Development Plan." CITY MANAGER COMMENTS: ATTACHMENTS: Attachments: A — Design Workshop Water Site Development Plan Proposal B — Contract for Professional Services G: \Projects \Water \44105 Administrative Building \04 - Consultant Selection & Contracts\2012 -05 -31 Council Memo on Contract e Page 3 of 3 RESOLUTION #S (Series of 2011) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR DEVELOPMENT OF A WATER UTILITY SITE PLAN BETWEEN THE CITY OF ASPEN AND DESIGN WORKSHOP AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract, for the development. of a water utility site plan, between the City of Aspen and Design Workshop, 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 development of a water utility site plan, between the City of Aspen and Design Workshop, 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 1 ltn day of June 11, 2012. Michael C. Ireland, Mayor I, Kathryn S. Koch, 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, June 11, 2012. Kathryn S. Koch, City Clerk CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009 PROFESSIONAL SERVICES The City oT Rspe I City of Aspen Project No.: 2012 -044. AGREEMENT made as of 29`h day of May, in the year 2012. BETWEEN the City: The City of Aspen c/o Water 130 South Galena Street Aspen, Colorado 81611 Phone: (970) 920 -5055 And the Professional: Design Workshop c/o Richard Shaw 120 East Main Street Aspen, CO 81611 Phone: 970 - 920 -8354 For the Following Project: Contract Amount: Total: $53,960.00 If this Agreement requires the City to pay an amount of money in excess of $25,000.00 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.: Professional services to analyze the City Water Utility's site, evaluate and understand organizational needs, and develop an Aspen Community Development Department application. Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Agreement Professional Services Page 0 The City and Professional agree as set forth below. 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 4, 2012. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non - Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either parry 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 parry, 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 Agreement Professional Services Page 1 relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set -off until such time as the exact amount of damages due the City from the Professional may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to 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, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in Agreement Professional Services Page 2 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 FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self - insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) 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 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. Agreement Professional Services Page 3 (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 $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24 -10 -101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency ( CIRSA) and as such participates in the CIRSA Proper- ty /Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written Agreement Professional Services Page 4 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 13 -98, 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. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Agreement Professional Services Page 5 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 employ 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. Agreement Professional Services Page 6 (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, Agreement Professional Services Page 7 preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 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. Agreement Professional Services Page 8 (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. 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] By: [Name] Title: Date: Approved as to form: City Attorney's Office [Signature] By: Jz/ c /- f,A -rL� W 'SHAW [Name] Title: Date: /8 Ll �— Agreement Professional Services Page 9 ' 3` PROIPOSA Exhibit A Professional Services Agreement Team Design Workshop's (DW) Aspen office will lead the project effort for the City of Aspen's Water Utility Site Development Plan. We will provide landscape architecture and planning services, spearhead the approvals process and serve as the project manager. We believe that the team we have assembled for this project is exceptionally well suited to the task. Charles Cunniffe Architects will provide comprehensive architectural services including but not.limited to inventory and existing facility analysis, program development, conceptual design studies, design development plans, phasing plans, and assist with creating a project budget. The architectural team will work in tandem with the consultant team to ensure that funds are used responsibly, future needs are considered, and the timeline is met. McLaughlin Water Engineers (MWE) has been involved with various projects at the City of Aspen Water Treatment Plant site acting as the water department's consulting engineer since 1995. MWE has designed numerous improvements to both the interior and exterior portions of the treatment, storage, and operational facilities at the site. Their role in the master planning would be to look at impacts proposed improvements may have on the water treatment facilities, possible storm water improvements and drainage plans drainage conflicts, possible raw water reservoir expansion area, and other site improvements that may be proposed or needed to meet all the water department operational demands. MWE would work with DWI on developing a Master Site Plan,permitting, submittals of applications, and other processes required to complete the site development. KL &A is a structural engineering firm experienced and capable in structures inventory and analysis. Their expertise will be used to examine existing facilities. PROPOSAL FOR THE WATER SITE DEVELOPMENT PLAN 1 32 1 Project Approach The following narrative describes a comprehensive list of services required to prepare a Site Development Plan and the necessary documentation for the City of Aspen's approvals process. Project Management Design Workshop places a high level of importance on assembling and managing the best team of consultants possible for all of our projects. An Associate in Charge will oversee the process and be actively involved in decision making while a dedicated project manager will serve as the direct contact for City Water Utility Staff. The project manager will be actively involved in every aspect of the project and responsible for organizing the consultant team while ensuring all work is on schedule and budget and meets or exceeds the client's expectations. We propose a regular communication strategy to maximize the value of everyone's time. While the project consultant team will meet in person whenever needed, weekly update conference calls involving Design Workshop and the client will help the team address issues as they arise. In addition, we will communicate with the client on a regular basis via phone calls and emails. 3 PROPOSAL a: { Objective 1: Inventory and Analysis This phase of work consists of the inventory and analysis of the existing site and its facilities. The consultant team will observe site conditions, water treatment, storage, operation facilities, structures, reservoirs, access, large trees, soils, slopes, views, solar exposure and context surrounding the site. Interviews will be conducted with Staff to create a comprehensive project program. To build a unified vision for the project, a staff workshop with the design consultants may can be conducted if deemed necessary. Existing pedestrian and vehicular circulation will be documented. Using the provided information, an analysis map will be created identifying natural and man -made constraints versus constraints that may be mitigated. An existing structures and facilities report will be created, detailing deficiencies in structures, drainage, snow removal, equipment storage, group meeting space, energy efficiency and any other issues discovered in the inventory and analysis process. The report will create a recommended prioritized list of needs, which will inform the direction and program of the Site Development Plan. Water Utility Staff are encouraged to review inventory and analysis mapping and the report and provide comment to ensure the Site Development Plan moves in an appropriate direction. This report will be helpful for decision makers to understand future budget needs. Task 1: Observe Existing Site Conditions and Facilities Task 16: Conduct interviews with Water Utility Staff Task 2: Analyze current and potential future site and facility opportunities, deficiences and constraints Task 3: Identify pertinent information prepared to date including any plans for development or previous land use applications and approvals. Task 4: Identify project goals and vision statement Task 5: Prioritize needs and create a recommended list of improvements Task 6: Develop program for structures and site Meetings: 1. Strategic Team Kick -Off Meeting with Consultant Team and Water Utility Staff 2. Staff Interviews On -Site (Can be same meeting day as Strategic Kick -Off) 3. Review Site Inventory and Analysis with Client and Develop Program Deliverables: 1. Existing Site Conditions.Map— Base map provided by Client 2. Opportunities and Constraints Map 3. Existing Structures and Facilities Report (Photographic and narrative report) * Client to provide accurate topographic survey information (2' Contour Intervals), previous land use approvals, geotechnical data for the site, existing utility layouts and architectural plans for existing site structures. 33 1 DESIGNWORKSHOP r 3 PROPOSAL`S Objective 2: Site Development Plans With knowledge gained in the inventory and analysis phase, the consultant team will prepare Site Development Plans which identify existing facilities, demonstrates the relationship between existing and proposed infrastructure, possible demolition and phasing plans and a conceptual grading plan. ADA compliance and snow removal will also be addressed. The Site Development Plans will be prepared in compliance with City and State regulations and codes. An Improvement Report will be created which describes the recommended improvements and a multi-year phasing plan if necessary. The recommended improvements will be based on the project goals, vision and program in the inventory and analysis objective. The full scope of this Objective will be refined based on the findings of the Inventory and Analysis Objective. The following tasks are recommendations and may be altered to reflect the defined project program of Objective 1. Task 1: Prepare up to 2 Conceptual Site Development Plan Alternatives and Facilities Plans and review with Water Utility Staff Task 2: Prepare Final Conceptual Facilities Plans and review with Water Utility Staff Task 3: Prepare a draft Implementation and Phasing Report Task 4: Incorporate comments and changes from review with Water Utility Staff Task 5: Prepare Schematic Site Development Plans and program to be used in the Site Development Application Task 6: Revise Final Implementation and Phasing Report Task 7: Prepare Schematic Facility Plans and program to be used in the Site Development Application Meetings: 1. Presentation and Review of Conceptual Alternatives and Implementation and Phasing Report with Water Utility Staff (Half Day) 2. Presentation and Review of Schematic Alternative to be used in Application and review Implementation and Phasing Report with Water Utility Staff (Half Day) Deliverables: 1. Conceptual Site Plan Alternatives and Architectural Drawings (Architectural dependant on possible proposed structures.) 2. Draft Implementation and Phasing Report 3. Schematic Landscape, Civil; Architectural and Structural Drawings (Architectural and Structural dependant on possible proposed structures.) 4. Final Implementation and Phasing Report S. Final Program for the Site and Facilities PROPOSAL FOR THE WATER SITE DEVELOPMENT PLAN 1 34 1 y 3 PROPOSAL AV Objective 3: Site Development Application In this phase of the process, the consultant team will prepare a comprehensive Site Development Application for the City of Aspen. Our team has extensive knowledge and experience with the City of Aspen's approval process. We understand this can be a difficult process for a client to navigate, but have confidently lead many projects through the process to an implementable solution. Implementation is always our end goal and our motivation and energy to accomplish this will contribute to a smooth Application process for the Water Site. Based on our experience and the previous Site Approvals for the Water Site, we anticipate this project to move through a SPA Amendment, 8040 Greenline Review and a Growth Management Review. We anticipate a consolidated review process may be possible as opposed to the full four -step review with City Planning and Zoning and City Council. The Pre - Application meeting with City Planning and Zoning will determine the final process. Task 1: Conduct a Pre - Application Conference with City of Aspen Task 2: Prepare the written text for the Application Task 3: Adapt the Schematic Site Development Plan to a site plan for submission Task 4: Compile additional documents for the Application Task 5: Reproduce and compile Application documents Task 6: Prepare and Submit Site Development Application Task 7: Prepare and post Public Hearing Notices Task 8: Answer City Follow -Up Questions in regards to the Application Task 9: Public Meetings Meetings: 1. Pre - Application Conference with City Community Development Department 1b. Any other meetings necessary with City Community Development or Engineering Departments 2. Review of Application Draft and all supporting application material with Water Utility Staff 3. Workshop with Planning and Zoning and City Council if needed 4. Review Final Application and all supporting application material with Water Utility Staff 5. Design Workshop will prepare and facilitate public meeting, Client in encouraged to participate Deliverables: 1. Draft of Application narrative and exhibits to review with Water Utility Staff 2. Submitted Application to City of Aspen 2. Provide client with 1 Application Submittal 1 35 1 DESIGNWORKSHOP aai nnm os onnssDoad Noumnddv Pam)d of aapaN ILpS ounr :aiea inns 0 a m a LL V C m v 2 H to v c � N •X .0 W iy ° « m h C w G m E u m 0 E O V � � a C � � m L' G O ° n aci g c25-* c v m H d p > c O y « E Q o 0 0 y y c g w A u _m o u « E E ° m ¢ m E E p a J2 N d ry N N x O LL N m u « m E E Ji E > > m 6�o a > ¢' Q v{ z O O S2 W D r C 0 z n o r t m �+ o r m j L'v a m C O « A q 3 0 W « o`o E Ea. o m � v a E A o O � � � •� G E C T m y 0 j y V U Nn m m to m E y = c °c N m m in c v 0 a a�i m 0 c p n Z o �« z z 0 'oG eco u 3 !� E c m m o n ¢ Q hm• « 0 0$¢ Cc c 0 u v� m a o LL 3 m u w w a 30: Y a m « d w W d� o� •d i cc it0. cc zo 3 N N M V IA l0 P 00 Ol u c c c m c c j s MIT a° ` � 3 s i mar S 3t II f � t�t ttf NN ® � e NO �. 4 ,a cr t 5� r ! a a 0 .a c O c « > c m m s c u m E m u LL L a E 10 a o a m F m % E °• v c r e c `�° —IL 4 0 o F E k§ Om m w c C ° ¢. 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N 7 ` d .n d W y = c T.r c o> m ev m °° m m a o a H m a m. a n O E m o. 3 u a i� a O u m c m m m c v d u v A. >m cc « a M o .m v 0 0 « c 0 .-1 �-1 fV M O to 4o �•1 IV M O VI tD 1� y ea N M v to tD Iz t0 Q1 •n. m Y Y Y d m h H H N Y N Y N N Y N Y N H Y N O m r O m r r m r m r m r m r m 0141 Pam)d of aapaN ILpS ounr :aiea inns 0 a m a LL V C m v 2 H to v c � N •X .0 W iy ° « m h C w G m E u m 0 E O V � � a C � � m L' G O ° n aci g c25-* c v m H d p > c O y « E Q o 0 0 y y c g w A u _m o u « E E ° m ¢ m E E p a J2 N d ry N N x O LL N m u « m E E Ji E > > m 6�o a > ¢' Q v{ z O O S2 W D r C 0 z n o r t m �+ o r m j L'v a m C O « A q 3 0 W « o`o E Ea. o m � v a E A o O � � � •� G E C T m y 0 j y V U Nn m m to m E y = c °c N m m in c v 0 a a�i m 0 c p n Z o �« z z 0 'oG eco u 3 !� E c m m o n ¢ Q hm• « 0 0$¢ Cc c 0 u v� m a o LL 3 m u w w a 30: Y a m « d w W d� o� •d i cc it0. cc zo 3 N N M V IA l0 P 00 Ol u c c c m c c Task 5: Prepare Schematic Site Development Plans $3,200 - $4,100 Task 6: Revise Final Implementation and Phasing $1,320 - $2,200 Task 7: Prepare Schematic Facility Plans $3,200 - $4,100 Total $13,660 - $20,300 Objective 3: Site Development Application Task 1: Conduct a Pre - Application Conference $400 Task 2: Prepare Application Text $1,880 - $2,600 Task 3: Adapt Schematic Designs for Application $1,880 - $2,600 Task 4: Compile additional documents for Application $3,200 - $4,100 Task 5: Reproduce/ Compile Application Documents $1,080 - $1,440 Task 6: Submit Site Development Application $1,080 - $1,440 Task 7: Prepare and post Public Hearing Notices $1,080 - $1,440 Task 8: Answer City Follow Up Questions from City $1,080 - $1,440 Task 9: Public Meetings $1,680 - $2,200 Total $12,960 - $17,260 Reimbursable Estimate (includes Approval Application Printing) $5,000 - $7,000 d'is $ 960 * Objective 2 and Objective 3 are prepared as a range to account for uncertain program and architectural scope to be identified in the Inventory and Analysis Phase. PROPOSAL FOR THE WATER SITE DEVELOPMENT PLAN 1 42 1 vim MEMORANDUM TO: Mayor and Council FROM: Dave Hornbacher, Utility Director THRU,: Steve Barwick, City Manager THRU: Jim True, City Attorney DATE: June 1, 2012 RE: Quitclaim Deed for Physical Structures Related to Willow Creek Ditch and Herrick Ditch Water Rights Conveyed from Buttermilk Metro District SUMMARY: Execution of a quitclaim deed from the City to the Willow Creek Ditch and Herrick Ditch Company ( "Ditch Company ") of the City's interest in the physical structures and facilities related to the Willow - Herrick water rights recently conveyed to the City from Buttermilk Metropolitan District is required in order for the City to benefit as a member of the Ditch Company, in connection with those water rights. The primary benefit of conveying the City's interest in the physical structures and facilities to the Ditch Company is that liability issues associated with ditch operations are covered through a common insurance policy. Also, ditch maintenance and safety issues can be more effectively addressed. The City has previously conveyed its interest in the ditch infrastructure in connection with other Ditch Company shares. The City's interest in water rights held will not be affected by conveying its interest in the physical structures to the Ditch Company. PREVIOUS COUNCIL ACTION: By Resolution No. 24 (Series of 2005), dated April 27, 2005, the City approved a quitclaim of its interest in the Willow Creek Ditch and Herrick Ditch infrastructure associated with the City's existing shares at that time. In 2011, pursuant to a Bulk Sale Water Agreement, Buttermilk Metropolitan District agreed to convey all of its rights, title, and interest in its Willow Creek Ditch and Herrick Ditch water rights to the City. BACKGROUND: The Ditch Company was formed in 2002 through an association of water rights holders with an interest in the two ditches. In April 2005, the City executed a deed conveying the City's interest in the ditch infrastructure associated with certain shares it owned at that time. By deed dated June 28, 2011, the City acquired additional Willow - Herrick Ditch water rights from the Buttermilk Metropolitan District. The District had not previously conveyed its interest in the infrastructure related to the Willow - Herrick water rights to the Ditch Company and as a result had never been issued share certificates by the Ditch Company. In order for share certificates to be issued to the City and for the City to benefit as a member of the Ditch Company with respect to the Buttermilk District water rights, the Ditch Company will require the City to convey its interest in the infrastructure related to those water rights. The City has historically leased the majority of its rights to the Maroon Creek Club and a small interest in the water rights to irrigate the wetland area on the Burlingame parcel adjacent to Owl Creek Road. This City wishes to use the additional Willow- Herrick water rights to irrigate the extended Burlingame parcel, known as Burlingame Ranch Phase II. The majority of the ditch assessments applicable to operation of the Ditch Company (for the City's water rights) will be paid by the Maroon Creek Club and Burlingame Ranch. DISCUSSION: Pursuant to Ditch Company Bylaws, the Ditch Company shall own the structures which carry the Willow Creek or Herrick Ditch water. The Ditch Company's general policy is to require any shareholder to quitclaim all of its interests in the physical structures. If the City quitclaims its interest in connection with the water rights purchased from Buttermilk Metropolitan District as proposed, the City will be issued share certificates in the Ditch Company, it will allow better management of the facilities and the City will have increased protection from liability, due to the insurance maintained on the facilities. FINANCIAL IMPLICATIONS: There are no financial implications resulting from the recommendation to quitclaim the City's interest in the physical structures in connection with the water rights conveyed from Buttermilk Metropolitan District. If the City sells any unused portion of the water rights, it may receive additional revenue in the future as a result of the sale. RECOMMENDATION: Staff recommends that Council execute the Quitclaim Deed for conveyance of structures in the Willow Creek Ditch and Herrick Ditch to the Ditch Company. ALTERNATIVES:, If the City chooses to not convey its interest in the structures to the Ditch Company, it could be held individually responsible for future damages resulting from operation of the structures. CITY MANAGER COMMENTS: Attachments: Draft Quitclaim Deed RESOLUTION # 60 (Series of 2012) A RESOLUTION APPROVING CONVEYANCE (BY QUITCLAIM DEED) OF STRUCTURES IN THE CITY OF ASPEN'S PORTION OF THE WILLOW CREEK DITCH AND HERRICK DITCH WATER RIGHTS TO THE WILLOW CREEK DITCH AND HERRICK DITCH COMPANY, SETTING FORTH THE TERMS AND CONDITIONS OF SAID QUITCLAIM DEED AND AUTHORIZING THE CITY MANAGER TO EXECUTE _SAID QUITCLAIM DEED WHEREAS, there has been submitted to the City Council a proposed Quitclaim Deed between the.City of Aspen, Colorado, and Willow Creek Ditch and Herrick Ditch Company, a copy of which is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves the Quitclaim Deed between the City of Aspen, Colorado, and Willow Creek Ditch and Herrick Ditch Company, that conveys the City's interest in the structures of the Willow Creek Ditch and the Herrick Ditch to the Willow Creek Ditch and Herrick Ditch Company, a copy of which Quitclaim Deed is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said Quitclaim Deed on behalf of the City of Aspen. Dated: Mick Ireland, Mayor I, Kathryn Koch, 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 , 2012. Kathryn S. Koch, City Clerk QUITCLAIM DEED THIS DEED, made this day of , 2012, between the City of Aspen, Colorado, a home rule municipality, grantor, and Willow Creek Ditch and Herrick Ditch Company, a Colorado non - profit corporation, whose legal address is c/o Patrick, Miller & Kropf, P.C., 730 Durant Street, Suite 200, Aspen CO 81611, grantee, WITNESSETH, that the grantor, for an in consideration of proportionate shares of stock in the Willow Creek Ditch and Herrick Ditch Company and the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold conveyed and QUITCLAIMED, and by these presents does remise, release, sell, convey and QUITCLAIM unto the grantee, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado, described as follows: Willow Creek Ditch and Herrick Ditch Company ditch structure, right of way and easement, together with any and all appurtenances and appurtenant rights, reserving however, the right to require reconveyance by quit claim deed of such interests and rights upon surrender of all stock and withdrawal from the Company in accordance with the Articles of Incorporation and By -Laws of the Company. Reserving unto grantor, all rights, title and interest which it has in and to the water rights carried in the structures conveyed by this Deed. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. GRANTOR: City of Aspen, Colorado, a home rule municipality By: Print Name: Title: STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing was acknowledged before me this _ day of 1 2012, by (name), (title) of The City of Aspen, Colorado, a home rule municipality. WITNESS my hand and official seal. My Commission expires: Notary Public MEMORANDUM TO: Mayor and City Council FROM: Tyler A. Christoff, P.E. THRU: Trish Aragon, P.E., City Engineer DATE OF MEMO: May 30, 2012 MEETING DATE: June 11, 2012 RE: Gondola Plaza Pedestrian Crossing Project: Professional Services Contract Approval for Design Workshop. SUMMARY: Staff recommends that Council approves the contract for Design Workshop, Inc. in the amount of $69,500.00 for professional services for the Gondola Plaza Pedestrian Crossing Project. . BACKGROUND: Priority pedestrian and traffic safety projects were presented to City Council during a July 28`h 2009 work session meeting. This list represented various pedestrian and traffic safety projects in locations throughout the City. Council prioritized these projects and selected Gondola Plaza as one of the projects to be funded with the Public Amenity Fund. This project follows the ideals of The City of Aspen Civic Master Plan (CMPAG) adopted by City Council in December 2006. The Plan states "Aspen's future should be one in which the automobile pays a smaller role in people's everyday lives. Other modes of travel should be made as safe and convenient as possible to facilitate that goal... the level of investment in... more and better bikeways and walkways should increase. " The Gondola Plaza Pedestrian Crossing Project will utilize professional engineering services to determine the feasibility and - implementation of improved pedestrian crossings, and traffic calming into the Durant and Hunter Street intersections Within the context of this project there are opportunities for the City to: • Improve pedestrian safety through better pedestrian/traffic interactions, including treatments for high volumes of both vehicular and pedestrian traffic. • Update and enhance the loading, pick -up and transit opportunities at the intersection. • Improve the pedestrian crossing infrastructure for skier traffic and include ADA accessibility upgrades. • Engage the Aspen Ski Company and other stakeholders during the design process • Identify and enhance stormwater and drainage management and capacity in the area. DISCUSSION: Proposals were received from five consultant teams as summarized below: Stan Clauson & Associates $ 66,786.50 Design Workshop $ 69,500.00 JR Engineering $ 76,230.00 Loris and Associates $106,333.00 McDowell Engineering $153,606.00 A team of 4 employees from the Engineering Department performed independent reviews of all five proposals. The proposals were then ranked as a group based on the rankings of each independent reviewer. Consultant fees were not reviewed until the proposals were scored. Design Workshop's proposal thoroughly addressed all aspects of the City's scope of work for the project. All members of the review committee felt that Design Workshop's team provided the most comprehensive professional services to the City for this project. FINANCIAL IMPLICATIONS: Staff intends to use Public Amenity Funds dedicated and approved for this Project by City Council. Total Project Expenditures Design Workshop Inc Proposal $ 69,500.00 Staff Project Management $ 14,000.00 Contingency $ 7,000.00 Total Expenditures $ 90,500.00 Funding Budgeted Gondola Plaza Pedestrian Crossing Project (Acct# 000.15.941.18) $283.000.00 Total Funding $283,000.00 RECOMMENDATION: Staff recommends that Council approves the contract for Design Workshop, Inc. in the amount of $69,500.00 for professional services for the Gondola Plaza Pedestrian Crossing Project. CITY MANAGER COMMENTS: Attachment A: Agreement for Professional Services (between the City of Aspen and Design Workshop Inc) RESOLUTION # L21 (Series of 2012) A RESOLUTION APPROVING A CONTRACT BETWEEN. THE CITY OF ASPEN, COLORADO, AND DESIGN WORKSHOP INC, SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE GONDOLA PLAZA PEDESTRIAN CROSSING PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Design Workshop, Inc a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Design Workshop, Inc regarding Gondola Plaza -Pedestrian Crossing Project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, 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 June 11th 2012 W Kathryn S. Koch, City Clerk Z AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered .on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ( "City ") and Design Workshop, Inc, ( "Professional "). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth as 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 6/1/2013. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals, of authorities having jurisdiction over the project. This schedule, -when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Pam. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth as Exhibit "B" appended hereto by Professional. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed amount set forth in Exhibit `B" appended hereto by Professional. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non -Assi ng ability. Both parties recognize that this contract 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 subcontractor's 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. The Professional or the City may terminate this Agreement, without specifying the reason therefore, 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, PS2- 971.doc Page 1 drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set -off until such time as the exact amount of damages due the City from the Professional may be determined. 6. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. 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,- nemployment 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, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the 'Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or PS2 -97 Ldoc Page 2 damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverage listed below. Such coverage shall be procured and maintained with forms and insurance acceptable to the City. All coverage 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) Workmen's Compensation insurance to covet obligations imposed by applicable laws for any employee engaged in the performance of work under This contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOU- SAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self - insured status may be substituted for the Workmen's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) 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 interest's provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non -owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interest's provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing 'services to the City under this contract. PS2- 97 1.doc Page 3 (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 additionally insured. Every policy required above shall be primary insur- ance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by' the Professional's insurance agent as evidence that policies providing the required coverage, 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 coverage afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, 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 $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24 -10 -101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's. Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept,,at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverage offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. PS2- 97 1.doc Page 4 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,to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: Professional: City Manager Richard W. Shaw, FASLA, AICP City of Aspen Design Workshop, Inc 130 South Galena Street 120 East Main Aspen, Colorado 81611 Aspen, Colorado 81611 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 13- 98, 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. 16. 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 PS2- 97 1.doc Page 5 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. 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 hereinafter written. [SIGNATURES ON FOLLOWING PAGE] PS2 -97 Ldoc Page 6 TS2 -971, ddc Page,7. x. .PUBLIC P►1N =A "R <EiN`ES�S Task 5.2 Public Open House #1 Upon completion of Task 5.1, Design Workshop will assist the Client in conducting an initial public meeting'with key stakeholders and members of general public to solicit their feedback on the proposed design concepts and ideas developed with the Client and Aspen Skiing Company. The community will be invited to provide input during a session at various stations in which various members of the project team will be available for discussions. All comments will be recorded on flip charts at each station for everyone to observe and will later be tabulated-for the design team to reference during the development of the design. Deliverables: • Design Boards for Stations (generated from the preliminary design sketches, plans and ideas developed in Task 5.1 and from the Data Collection task for providing context and background information), maximum of 6 stations • Meeting Record of Preliminary Comments and Design Ideas Task 5.3 City Council Work Session /Meeting #1 Upon completion of Tasks 5.1 and 5.2, Design Workshop will assist the Client in a presentation to the City of Aspen City Council to provide an update on the progress of the project, including presenting the initial design ideas developed to date and a summary of the feedback received during our initial public outreach sessions. The intent will be-to garner their support for the initial design direction and solicit feedback for moving the design forward. Deliverables: • Material for PowerPoint Presentation • Design Boards from Public Open House #1 • Meeting Record of Council decisions or discussion Based upon the feedback received during the first public outreach sessions, input received from the Client and City Council, and from the team's analysis and evaluation of the existing conditions, design criteria and project data collected, collated or researched, Design Workshop will prepare up to three (3) conceptual design alternatives for the project site, including Gondola Plaza, for review and discussion with the stakeholders and community members. We will prepare the necessary boards, i.e. rendered plans and character imagery as necessary, to adequately convey the proposed design intent for the project. (Refer to Task 1 for further clarification of this scope of work as this Task and Task 1 will occur simultaneously). Once complete, we will conduct another round of meetings as follows: Task 5.4 Aspen Skiing Company Meeting #2 Design Workshop will lead the Client in conducting a second meeting and discussion with members of the Aspen Skiing Company to obtain their feedback on the status of the design and input received during the first Open House and work session with City Council. This meetings will refinement to preferred alternatives and discussed further and comments and other feedback will be recorded on flip charts and in meeting notes. An understanding of costs and a realization of whether a public /private partnership is a viable solution will also be discussed. Deliverables: • Refinement of Design Sketches, Plans and Ideas • Meeting Record 57 1 DESIGNWORKSHOP GONDOLA PLAZA PEDESTRIAN CROSSING PROJECT #2012-051 CITY OF ASPEN, CO April 25, 2012 Zh- ,rl L. ` __ ''i*,'l�` ®L.• ��T is J V 'M ! 'k•�� F dG I t C ({ r 4 EP 1 • �iJ 4T11._. J 120 EAST MAIN STREET ASPEN, CO 81611 P 1 970.925.8354 s:S r i r' A i� r. J 120 EAST MAIN STREET ASPEN, CO 81611 P 1 970.925.8354 s:S r Design Workshop, Inc. Landscape Architecture Land Planning Urban Design Strategic Services April 25, 2012 120 East Main Street Aspen, Colorado City of Aspen 81611 Purchasing Department Telephone 130 South Galena Street Aspen, CO 81611 970. 925.8354 Fax 970.920.1387 Dear Selection Committee: Asheville Thank you for allowing Design Workshop, Inc. and our team of experienced professionals the. opportunity to submit our qualifications for the Gondola Plaza Pedestrian Crossing Austin •project. Design Workshop will lead a team to provide the City with a community- centered, Denver environmentally and economically responsive design, utilizing over 40 years of knowledge Lake Tahoe and experience obtained from previous projects. Salt Lake city We are eager to help the City and citizens of the community achieve the objectives of the RFP. Our team has extensive knowledge and experience working on projects of a similar magnitude as well as in and adjacent to the project site. We have worked with the City and the Aspen Skiing Company in the past on the Little Nell Hotel, Gondola Plaza and Dean Street projects to name a few. The Aspen Downtown Enhancement Plan and Aspen Area Community Plan we have participated in can provide valuable, historical background. We intend to work closely with the members of the City staff, other agencies and personnel, and consultants as deemed necessary throughout the development of the design and preparation of the final documents. I will lead the Design Workshop team as the Principal - in- Charge with Paul Squadrito serving as the Project Manager. We are both able to make presentations on behalf of the firm and can be reached at 970 - 925 -8354. Thank you again for the opportunity to submit this proposal. We look forward to the possibility of working with you on this exciting project. Upon your review, should you have any questions, please don't hesitate to contact me. Best Regards, 9,,,r- Richard W. Shaw, FASLA, AICP Principal DESIGNWORKSHOP PROJECT UNDERSTANDING required prior to proceeding with implementation. We believe City Council, Aspen Skiing Company and the adjacent stakeholders may want to realize these findings and their implications prior to finalizing a design decision. Therefore, we have included a separate line item for this Task in our breakdown. Our public involvement approach has evolved from a long and well- respected history of conducting successful public engagement processes in both the City and County. We have multiple strategies for engaging the public, soliciting their feedback, and keeping them involved throughout the process to ensure they feel like they are a part of the solution. Some of our more recently implemented public involvement programs have been for the following projects: Aspen Area Community Plan, Aspen Downtown Enhancement Plan, and Burlingame Ranch Affordable Housing Project Phase II. As outlined in the RFP, we anticipate the following deliverables, at a minimum, to be provided for this project: Data Collection • Inventory of existing conditions • Utility Research • Geotechnical recommendations • Landscape inventory Conceptual Design • Memorandum of Design — Utilities • Memorandum of Design — Drainage Conceptual Pedestrian Plan Preliminary Design Recommendations • Preliminary Plans 30% • Meeting Records • Outline Specifications • Preliminary Cost Estimate 60% Design • Plans 60% • Meeting Records • Specifications • Refined Cost Estimate 90% Design • Plans 90% • Meeting Records • Specifications • Cost Estimate • Bid Schedule • Plan transmittal to all pertinent utilities 1 41 1 DESIGNWORKSHOP PROJECT UNDERSTANDING Task 1.2 Project Administration Design Workshop shall commit to a regular communication and documentation strategy to ensure the project is fully coordinated, adequately discussed and designed within the parameters of the schedule, budget and goals. While the consultant team may meet more formally at certain times, we are anticipating, at a minimum, a weekly schedule of in- person meetings with the Client and weekly email and phone or conference call correspondence with the consultant team. If necessary, we will utilize the City's website and a project specific webpage to communicate with the community at large. The weekly meetings will include the Project Manager and /or Principal -in- Charge from Design Workshop and representatives from the Client team. Key members from the consultant team can be available to attend if necessary. Otherwise, they will be available for correspondence via phone or conference call as necessary. The weekly meetings will focus on the objectives of the project and provide a forum for review and feedback on the development of the design. We will report on work performed to date and direction for the coming weeks. The Client will provide guidance regarding work already in progress and upcoming work. Design Workshop will be responsible for the preparation of Monthly Progress Reports for documenting the work that has been completed to date and obtaining payment of professional services and reimbursable expenses provided by our team during the services period. We will utilize the City's standard Billing Template form to illustrate and track what percentage of each task has been completed as part of the monthly progress reports. Lastly, we will convene occasional meetings or conference calls with technical departments from the City and other agencies to review design ideas for the streetscape (i.e. lighting, drainage, etc.) and other aspects of the plan to provide feedback to the team as the project continues and ensure compliance with regulations or guidelines. Deliverables: • Meeting Records, via email, from approximately 32 weekly meetings (mid -May 2012 through the end of December 2012) with hard copies included in monthly progress reports • Updates to Project Schedule as required • Monthly Progress Reports submitted in conjunction with Billing Template for obtaining payment for services Task 1.3 Data Collection An important first step in understanding the opportunities and constraints for the project will be to become familiar with the existing conditions of the site and surrounding context, including both the physical conditions and the use and movement patterns. The following will be conducted: • Engineering Research: This work shall include gaining an understanding of the pedestrian, transit, bicycle and vehicular patterns of the area; identifying all above ground utilities with the project area; identifying construction techniques that will minimize disruption of private property; identifying any additional pedestrian and traffic issues in the area; and identifying additional opportunities for connectivity. The research conducted will be, at a minimum, in compliance with the most stringent requirements set forth in the City of Aspen municipal code, City of Aspen standards for construction, AASHTO Specifications, Americans with Disabilities Act, Manual on Uniform Traffic Control Devices and /or other applicable codes and specifications. • Survey, Right -of -Way, Easement Survey and Ownership Map: We shall prepare, using conventional field surveying and plat research methods, a complete survey inventory of the RFP defined project area, and up to 50 feet beyond as necessary for additional context and tying the proposed design solution into the existing conditions smoothly and evenly. The survey shall include, but not be limited to, horizontal and vertical control points, City right -of -way 143 1 DESIGNWORKSHOP PROJECT UNDERSTANDING - • Engineering Design Criteria /Memorandum of Design to summarize the engineering research and parameters for implementing the proposed improvements. • Landscape Planning and Design Criteria /Memorandum of Design to document the preliminary ideas for the redevelopment of the project site including sidewalks or other hardscape paving, curb and gutter, ADA ramps, crosswalks, walls, railings, planting and irrigation, lighting, site furnishings, art, multi-modal circulation, or sustainability practices to potentially be implemented. Coordination requirements and guidelines with the Aspen Skiing Company and Gondola Plaza will also be outlined herein. • Utility Coordination and Design Criteria /Memorandum of Design to document the preliminary understanding of existing utilities and proposal for proposed and future utilities including water, sanitary sewer, storm sewer, gas, electric, telecommunications, etc. Coordination requirements and guidelines with the City of Aspen Utilities Department, Water Department, Fire District, Aspen Consolidated Sanitation District and other agencies, as necessary, will also be outlined herein. • Drainage Design Criteria /Memorandum of Design to document the preliminary understanding of the existing drainage conditions and proposed solutions for decreasing the amount of and improving the quality of stormwater runoff, including drainage hydraulic reports. Preliminary sustainable design strategies such as the incorporation of rain gardens, porous paving, recycled rainwater or greywater systems for irrigation and subgrade storage facilities will also be defined. Lastly, coordination requirements and guidelines complying with the City of Aspen Engineering Department's Urban Runoff Management Plan will be outlined. • Geotechnical Investigation /Memorandum of Design to include a summary of the analysis conducted and the proposed recommendations for earthwork and pavement design. Deliverables: • Engineering Design Criteria /Memorandum of Design, in 8 -1/2" x 11" format • Landscape and Planning Design Criteria /Memorandum of Design, in 8 -1/2" x 11" format • Utility Coordination and Design Criteria /Memorandum of Design, in 8 -1/2" x 11" format • Drainage Design Criteria /Memorandum of Design, in 8 -1/2" x 11" format • Geotechnical Investigation /Memorandum of Design, in 8 -1/2" x 11" format Task 1.5 Preparation of the Conceptual Pedestrian Plan Design Workshop and our consultant team, in conjunction with feedback received from the Client and through the Public Involvement Process, will develop a preliminary Conceptual Pedestrian Plan for the Gondola Plaza Pedestrian Crossing Project. The final Conceptual Pedestrian Plan shall include the following components: • The "preferred" alternative Conceptual Pedestrian Plan depicting the proposed design solution for the project site. We will recommend improvements for pedestrian circulation and safety, vehicular, bicycle and transit circulation, traffic calming, and the "pedestrian arrival experience" to /from Gondola Plaza and Hunter Street and East Durant Avenue intersection. The Conceptual Pedestrian Plan shall depict the proposed hardscape and softscape improvements, including engineering and drainage features. Note: During the Conceptual Design Phase a series of alternatives, up to 3, will be prepared until general consensus from the Client. The final Conceptual Pedestrian Plan will be the "preferred" alternative. • Rendered diagrams illustrating the user flow patterns and connectivity to the critical links at Hunter Street, East Durant Avenue, the Little Nell, North of Nell, and Gondola Plaza at a minimum. • Rendered, conceptual three - dimensional illustrations, perspectives, or photographic imagery to convey the proposed character and design intent of the proposed improvements and project corridor. 1 45 1 DESIGNWORKSHOP PROJECT UNDERSTANDING PHASE 2 - PLAN DOCUMENTATION TASK 2 — PRELIMINARY DESIGN RECOMMENDATIONS (30% DESIGN) Upon approval of the conceptual design phase, Design Workshop and our consultant team will commence with the preliminary design phase. The general intent of this Task is to begin to refine the design concepts and ideas developed during the previous phase and prepare the requisite technical drawings that convey the project's design intent, including technical specifications and an understanding of the landscape architecture and engineering construction costs for the proposed improvements /project elements. The extent of design area for 30 %, 60% and 90% plan documentation will be restricted to within the City right -of -way on East Durant Avenue and Hunter Street. Our work plan for this Task is as follows: Task 2.1 Refinement of Preliminary Design Criteria During this Phase and as additional technical data and feedback becomes available, it may be necessary to refine the preliminary Design Criteria established during the Conceptual Design Phase. Upon gathering the additional information, the team will refine the preliminary design criteria recommendations established in Phase 1. Deliverables (As necessary): • Revised Engineering Design Criteria /Memorandum of Design, in 8 -1/2" x 11" format • Revised Landscape and Planning Design Criteria /Memorandum of Design, in 8 -1/2" x 11 "format • Revised Utility Coordination and Design Criteria /Memorandum of Design, in 8 -1/2" x 11" format • Revised Drainage Design Criteria /Memorandum of Design, in 8 -1/2" x 11" format • Revised Geotechnical Investigation /Memorandum of Design, in 8 -1/2" x 11" format Task 2.2 Preparation of Preliminary Plans Upon completion of the additional data collection and in conjunction with the refinement of the conceptual design and preliminary design criteria, Design Workshop and our consultant team will prepare the initial design and Preliminary Plan submittal package to the City. The following will be conducted during this Phase: • Pre - Design Meeting with the Client to confirm the approval of the design criteria, direction for preparing the initial design and discussing any questions or concerns relating to the proposed scope of work or improvements. • Preliminary Plans shall be prepared in compliance with City of Aspen guidelines and include the following: • Title Sheet, Project Data and Plans Index • Typical Sections and General Notes • Plan and Profile Sheets, at V =20' scale • Horizontal and Vertical Alignments, at an appropriate scale • Survey Control • Utility Sheets and Details, at an appropriate scale, including any known utility conflicts • Sediment and Erosion Control Plans, at an appropriate scale • Site Demolition Plans, at an appropriate scale • Site Materials Plans, at an appropriate scale 1 47 1 DESIGI WORKSHOP PROJECT UNDERSTANDING • Horizontal and Vertical Alignments, at an appropriate scale • Survey Control • Utility Sheets and Details, at an appropriate scale, including any known utility conflicts, relocations, and easements • Sediment and Erosion Control Plans, at an appropriate scale • Site Demolition Plans, at an appropriate scale • Site Materials Plans, at an appropriate scale • Site Layout Plans, at an appropriate scale, including sidewalk, ADA ramp and pedestrian crossing • Site Grading and Drainage Plans, at an appropriate scale, including progress earthwork data • Site Lighting and Electrical Plans, at an appropriate scale • Site Details, at an appropriate scale, including all necessary sidewalk typical sections and special details. Cross - sections shall be provided for every 50 feet for the plans. • Planting Plans, at an appropriate scale • Planting Details, at an appropriate scale • Irrigation System Drawings, at an appropriate scale • Specifications, including Project Special Provisions in CDOT format • Updated Cost Estimate in accordance with CDOT format • 60% Design Review Meeting with the Client and various agencies impacted by the project, to discuss the 60% Design Plan submittal, obtain any comments and gain approval prior to proceeding with the preparation of the Final Plans and Specifications (90% Design). Deliverables: • 60% Design Plans Submittal Package, sizes and quantity as required by City • One 60% Design Review Meeting with Client and review agencies • Updated Estimate of Probable Construction Costs • Meeting Records TASK 4 — FINAL DESIGN AND SPECIFICATIONS (90% DESIGN) Upon approval of the 60% Design submittal package by the Client, Design Workshop and our consultant team will proceed with the preparation of the Final Plans and Specifications (90% Design) for the project. This Task will include the preparation of drawings and specifications in general conformance with CDOT requirements for Bidding and incorporate any comments or direction received during the 60% design review process. The following will be conducted during this Task: • 90% Design Plans, shall be prepared in compliance with City of Aspen guidelines and CDOT requirements, contain the final design to be Bid, including revisions or refinements discussed during the 60% Design Review Meeting, and include the following: • Title Sheet, Project Location and Plans Index • Standard Plans List (CDOT form) • Typical Sections, General Notes and Project Special Conditions 49 1 DESIGNWORKSHOP PROJECT UNDERSTANDING I FEES. Gondola Plaza Pedestrian Crossing Project Project Fee Schedule Task Item (As outlined in RFP) BASE FEE 1. Data Collection $15,000 - $18,000.00 2. Conceptual Design $15,000.00 3. Preliminary Design $6,000 - $8,000.00 4. 60% Design $5,000 - $7,000.00 5. Final Design $7,000 - 8,000.00 6. General $12,000.00 Estimated Reimbursable Expenses $1,500.00 GRAND TOTAL* $61,500.00 - $69,500.00 * Fee includes subconsultants' time, fee and expenses estimates 51 1 DESIGNWORKSHOP PROJECT UNDERSTANDING 1 SCHEDULE 2012 1 53 1 DESIGNWORKSHOP Immmmmmmmm , • mmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmm mlom mmmmm MMMMMMMMMM MMMM mmmm mm mmmm 1 53 1 DESIGNWORKSHOP • Little Nell Plaza — Design Workshop Y 2 24 -s, 3 1" R .P.j� t ,r,✓ t ✓`f .Y.,r. d, PUBLIC AWARENESS -P �.� Ong #'.• t. �(` •d, M. -7'� `�?"�l ",d S�Nsl.t` ,! " i'"'� �F - ;52 "�+l+tt.i'�1♦ �, r' �• t A "�� tU •i ; 4 w n r. i,,.'� . s`..t.�:y:iY�,". 4 'r^r ,ate1• +''y !.4 • �? j-� �,t ,,,� �,,�7�c .`' t) ;� f t a „3 r. � t� � v �hA�CGr�f' . J!"'P"s +'f J+ .. ` v , �:.., .+'+. tL � M !f r<'PT. '�`" ., r4`�y�+Y" """ � ; f y� i � ,r� � _y: � r . ^•�' .r1�'� �.,.•.•. t , 1' �jp �ty��w,' � �,, �. a �r y„„�,.�.e '�',✓' .,� r. Y!t o _ ..•..� 't' V '" .n ..- �.•... .-. w„+.^ kip•s, v � r,. .•��„.�� •fi.�'• Y �. w"r��y,,'- _ ... Y+ Mme+. E -,•:G ,yr�`+7t"•� �.,i!`.y��'!,q*'i', �1,��iK•�'�'`' '' . ) a . _ ti sit ( : '9 x �11IYF'� ��n • i � "�S ri °, f � '.. � ,r � ` � � `� 1 d �`�',�� .; �['. •. .\ -,� ':.•'� i� dpi ''� �� � _ t r �1- _' 'fir`°` ` ••"..t: go-am •- r ad- !°!��' I Dui _ �- _..� 1 ._. �' . � �" � ► �� ` ee��`;r • k Np' I .� I 1 • V " 1 /fir(.'. �L --_.. ..':•afv} yw�:y J) •��. �.PU &LIC AWtARENESS w Task 5.2 Public Open House #1 Upon completion of Task 5.1, Design Workshop will assist the Client in conducting an initial public meeting with key stakeholders and members of general public to solicit their feedback on the proposed design concepts and ideas developed with the Client and Aspen Skiing Company. The community will be invited to provide input during a session at various stations in which various members of the project team will be available for discussions. All comments will be recorded on flip charts at each station for everyone to observe and will later be tabulated-for the design team to reference during the development of the design. Deliverables: Design Boards for Stations (generated from the preliminary design sketches, plans and ideas developed in Task 5.1 and from the Data Collection task for providing context and background information), maximum of 6 stations Meeting Record of Preliminary Comments and Design Ideas Task 5.3 City Council Work Session /Meeting #1 Upon completion of Tasks 5.1 and 5.2, Design Workshop will assist the Client in a presentation to the City of Aspen City Council to provide an update on the progress of the project, including presenting the initial design ideas developed to date and a summary of the feedback received during our initial public outreach sessions. The intent will be to garner their support for the initial design direction and solicit feedback for moving the design forward. Deliverables: • Material for PowerPoint Presentation • Design Boards from Public Open House #1 • Meeting Record of Council decisions or discussion Based upon the feedback received during the first public outreach sessions, input received from the Client and City Council, and from the team's analysis and evaluation of the existing conditions, design criteria and project data collected, collated or researched, Design Workshop will prepare up to three (3) conceptual design alternatives for the project site, including Gondola Plaza, for review and discussion with the stakeholders and community members. We will prepare the necessary boards, i.e. rendered plans and character imagery as necessary, to adequately convey the proposed design intent for the project. (Refer to Task 1 for further clarification of this scope of work as this Task and Task 1 will occur simultaneously). Once complete, we will conduct another round of meetings as follows: Task 5.4 Aspen Skiing Company Meeting #2 Design Workshop will lead the Client in conducting a second meeting and discussion with members of the Aspen Skiing Company to obtain their feedback on the status of the design and input received during the first Open House and work session with City Council. This meetings will refinement to preferred alternatives and discussed further and comments and other feedback will be recorded on flip charts and in meeting notes. An understanding of costs and a realization of whether a public /private partnership is a viable solution will also be discussed. Deliverables: • . Refinement of Design Sketches, Plans and Ideas • Meeting Record 157 1 DESIGNWORKSHOP MEMORANDUM TO: Mayor and City Council FROM: Charles O. Bailey, Treatment Supervisor Mike McDill, Deputy Director of Utilities THRU: Dave Hornbacher, Director of Utilities and Environmental Initiatives DATE OF MEMO: June 4, 2012 MEETING DATE: June# 2012 RE: Approval of a contract between the City of Aspen and Heyl Construction Inc. to install a raw water flow meter and isolation valve on the Maroon Creek pipeline supplying the Thomas Reservoir and new flow meters on the West Treatment plants four filter beds. REQUEST OF COUNCIL: Staff requests a contract award to Heyl Construction Inc in the amount of $189,899.00 for the installation of City furnished magnetic flow meter, a 24" isolation valve on the raw feed to the Treatment plants and metering flow tubes on the four West plant filters. PREVIOUS COUNCIL ACTION: Council has previously approved installation of a large flow meter onto the Maroon creek feed to the Leonard Thomas reservoir to accurately measure raw water supply from Maroon Creek for municipal & irrigation uses. The West plant Flow metering tubes are due for replacement after 47 years in service. BACKGROUND: The existing 30" Maroon Creek raw water supply pipe to the Leonard Thomas reservoir has never had an accurate meter installed on it. This meter is part of the recent construction projects to the Leonard Thomas. The West plant Flow metering tubes have been in service since the west plant was constructed in 1966. New flow tubes will increase metering accuracy of filtered potable water from this facility. DISCUSSION: This project went through an open bid process to determine the most appropriate . bidder. The scope of the project changed slightly with the grouping of an additional 24" isolation valve on the Raw water feed line to the treatment plant as well as the west plant flow metering tube. Budgeting for this addition scope was made through water fund budget adjustments. Page 1 of 2 FINANCIALBUDGET IMPACTS: The cost of the installation for this project is $189,899.00. The initial budgeted amount for this was $105,000 through project 94594 for removal and installation of West plant flow meters. The scope of the project changed when we added the Maroon creek metering after being delayed 2 years ago due to previously scheduled construction on the Leonard Thomas reservoir. Cost for this new meter, additional piping and labor was required to slightly lower the 30" pipe entering the reservoir an additional 60 feet for accurate metering. Funding for this Maroon meter installation is $81,500 from which a budget adjustment of $58,000 is being made from project 93942, Eastside Water Distribution Improvements. The Isolation valve cost is $29,100 from which a budget adjustment of $27,000 is being made from project 94522, Maroon Creek Pipeline. ENVIRONMENTAL IMPACTS: There are no negative environmental impacts noted with this installation. This installation will enable the City of Aspen to better monitor & regulate stream divergence of raw water for municipal uses. RECOMMENDED ACTION: We request the council approve the expenditure of $189,899.00 for the installation of the Maroon Creek raw water meter, 24" isolation valve on the Raw water feed to the treatment plants and the west plant flow metering tubes. ' ALTERNATIVES: There are no alternatives to this installation. The Maroon creek pipeline which supplies raw water to Leonard Thomas reservoir has no other locations for installation other than the area located within the Leonard Thomas compound and the West plant flow metering tubes are due for replacement. PROPOSED MOTION: I move to approve Resolution #(0 c IaZj CITY MANAGER COMMENTS: ATTACHMENTS: A. Proposal/Bid Page 2 of 2 RESOLUTION # �� (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR MAROON CREEK METERING PROJECT BETWEEN THE CITY OF ASPEN AND HEYL CONSTRUCTION INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for the Maroon Creek Metering Project, between the City of Aspen and Heyl Construction Inc., a true and accurate copy of which is attached hereto as Exhibit «A ». NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for the. Maroon Creek Metering Project, between the City of Aspen and Heyl Construction Inc. a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11 th day of June, 2012. Michael C. Ireland, Mayor I, Kathryn S. Koch, 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, June 11, 2012. Kathryn S. Koch, City Clerk The City of Aspen CONTRACT FOR CONSTRUCTION ORVfl oorneVsOtfice THIS AGREEMENT, made and entered into on June 11, 2012, . by and between the CITY OF ASPEN, Colorado, hereinafter called the "City ", and HeVI Construction Inc., hereinafter called the "Contractor ". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Maroon Creek Metering Proiect, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract for Construction therefore, for the sum,or sums set forth herein; NOVA, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and .other services necessary for the construction and completion of the Work described herein. 3. The .Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice to Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed One Hundred Eighty Nine Thousand Eight Hundred Ninety Nine ($189,899.00) Dollars or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen. General Conditions to Contracts for Construction (version GC97 -2) and in the cc1- 971.doc Page 1 * *cc1 Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such . amounts as required by the Documents. 7. This Contract for Construction shall be binding upon all .parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding, anything to the contrary contained herein or in the Contract Documents, this Contract for Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4 -08 -040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his /her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his /her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be .binding upon the City and' the Contractor respectively and their agents, representatives, employees. Successors, assign's, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent-of the other party. 9. 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 the Contractor or the City may assign this Contract for Construction in accordance with the specific written consent, any rights to claim, damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any 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. 11. The parties agree that this Contract for Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. r 13. This Contract for Construction was reviewed and accepted 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 this Contract for Construction. CC1- 971.doc Page 2 1 *'CC1 14. The undersigned representative of the Contractor, as an inducement to the City to execute. this Contract for Construction, represents that he /she is an authorized representative of the Contractor for the purposes of executing this, Contract For Construction and that he /she has full and complete authority to enter into this Contract for Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATTESTED BY: APPROVED AS TO FORM: By: City Attorney ATTESTED BY: CITY OF ASPEN, COLORADO By: Title: CONTRACTOR: By: Title: 44, _ Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. cc1- 971.doe Page 3 "cc1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF Cra ) ) SS. COUNTY OF ) On this day of /�a� , 20_Z.? before me appeared m.,cr/ -� , to me personally known, who, being by me first duly sworn, did say that s /he is r d`e-d of ,l l'� /We -e6 Z � Tait and that the seal affixed to said i strument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. My commission expires: CC1- 971.doc Page 4 * *CC1 N ry Public HEEYI. _ ;,!,v,V CASTLE, C`0 81,641) Address Certification and Supplemental Conditions to Contract for Services - Conformance with §8- 17.5.1019 et seg. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06 -1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens — Public Contracts for Services." This new law prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to comply with the requirements of this new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. - "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Contractor" means a person having a public contract for services with the City of Aspen. "Public Contract for Services" means any type of agreement, regardless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "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. PURSUANT TO SECTION 8- 17.5 7101, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor 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. Contractor 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 Contractor 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. 4. Contractor 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. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: (i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) 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 illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8 -17.5- 102 (5), C.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection, 8-17.5-102, C.R.S. the 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 Contractor's violation of Subsection 8- 17.5 -102, C.R.S. Public Contract for Services: Cont Title JPW- saved: 5/31/ 2012 - 867 -M:\ city \cityatty \contract \forms \certification - hb- 06- 1343.doc SIGN5D AND SEALED this 22nd. :: day of May 201.2. ` A R Tonal fn'surance man � BID PROPOSAL FORM 04/30/2012 PROJECT NO.: 2012 -048 BID DATE: Mary 22, 2012 PROJECT: MAROON CREEK METERING PROPOSAL SUBMITTED BY: xeyl Construction, Inc CONTRACTOR CONTRACTOR'S 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 work, 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 plans and 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 Contractor agrees that construction shall start immediately following a mandatory pre - construction conference held by the Water Department, which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. 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. The City shall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work, including furnishing all materials, equipment and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages, anticipated profit, or otherwise on account of any differences between the BPI- 971.doc `BPI P ge 1 does Initials amount of work actually performed and materials actually finnished and the estimated amount of work. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five (25) Percent of the total bid. By signing this document, Contractor 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 ESTIMATED QUANTITY LIST Item Description Totals 1. MAROON CREEK METER VAULT: Includes installation (except where specifically noted otherwise) and handling all required City of Aspen and contractor supplied materials and equipment, potholing and verification of existing lines and facilities, all excavation, removal of existing piping and concrete, protection of existing facilities, installation of new piping, couplings, COA meter, vault supports, concrete vault, lid, and cover, backfill, bedding, compaction, site grading, revegetation, meter operation testing, access road maintenance, and all other items as specified and detailed on the drawings and in the specifications as required to install the new meter. Contractor to supply and install an 8' Dia MH over the existing 30' Concrete Pipe and install a COA supplied Flow Meter inline on the 30" Conc pipe. MH is to be an 8' Dia, — 4' deep (to Bottom of Pipe) MH with a 36" access lid and flat top. The COA supplied meter is to be a 30" McCrometer UltraMag Meter with 125 # flanges. Contractor to supply couplings and pipe to allow transition from 30" Concrete to 30" Flanged DIP and back to 30" DIP, 30" solid sleeves, 30" vertical bends to lower and raise pipe —48 ", 30" bends if needed for horz. deflections, and 30" tee and plug for access port. Please provide submittals for all vaults and coupling materials Contractor is to install meter in -line on the 30" pipe. Including all items except supplying the meter. Proposal, at the Lump Sum price of the meter vault. 1. Maroon Creek Meter Vault $ 81,351. 94 Eighty one thousand three hundred fifty one and 94/100 BP1- 971.doc 'BP1 Page 2 ontractoes initials • 2. West Water Treatment Plant Venturi Replacement_ Supplying all labor and materials to remove and replace the existing (4) four BIF Venturi Meters. Work includes completion of the purchase agreement with BIF, all handling of the existing and new meters, removal of the existing meters and actuators, verification of all dimensions for the new meters, installation of the new meters, reinstallation of the existing actuators, (to be used), reconnection of all electrical and controls related to the existing actuators, assistance in all testing and calibration of the new meter, as detailed and specified on the BIF and MWE drawings and specifications, for a Lump Sum price of 2. West WTP Venturi Meter Replacement = $ 79, 465.65 Seventy nine thousand four hundred sixty five and 65/100 3. Raw Water Line Isolation Valve_ Includes installation (except where specifically noted otherwise) and handling all required City of Aspen and contractor supplied materials and equipment, potholing potholing and verification of existing lines and facilities , all excavation, removal of existing piping, protection of existing facilities, installation of new piping, Installation of new valve, couplings, backfill, bedding,compaction, subgrade installation and compaction, asphalt replacement, revegetation,- -'and all_ other items as specified and detailed on the drawings and in the specifications as required to install the new meter. Proposal, at the Lump Sum price of the meter vault. 3. Raw Water Isolation Valve Installation $ 29, 080.41 twenty nine thousand eighty and 41/100 TOTAL BID (1, 2, and 3) Total Bid in Numbers: $189,899.00 Total Bid in Words: One hundred eighty nine thousand eight hundred ninety nine and 0 /100 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: David Full name signature: Company address: 6560 County RD 335 New Castle, CO 81647 Telephone number: 170.984.3404 Email: dheyl @heylcivil.com , 'l ltle: President BP1- 971.doc 'BP1 ge 3 01tractors Initials Attested by: Subcontractor & Material Supplier List Name: GJ Pipe , Phone #: 963 .5700 Address: 740 Hwy 133 Carbondale, CO 81623 Service or Product. All pipe and fittings Name: western slope Materials Address: Carbondale Service or Product: aggregates Phone #: 963.2296 Name: Casey Concrete , Phone #: 963.2296 Address: Carbondale Service or Product: Concrete Name: Grand River Construction , Phone #: 945.7758 Address: Glenwood Springs Service or Product: asphalt Name: Address: Service or Product: Phone #: Name: , Phone #: Address: Service or Product: BPI- 971.doc *Bpi age 4 ractor's Initials AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 2012 -048 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this project and understands and hereby affirms that he /she does not now, nor will he /she in the future, violate the provisions of said Contract Documents, so long as he /she is under the Contract to the City of Aspen for the performance of a Contract. The undersigned further acknowledges he /she understands and agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspen. Attest: Corppgte Seal STATE OF COLORADO ) COUNTY ) Before me _ Y-)d e SS. Heyl Construction, Inc Contractor By: County, Colorado personally appeardd Tau E4- to me personally to be the person(s) whose signature(s) in day of , A.D. 20_12. My commission expires: Notary Public ACI- 971doc notary public and for known presence this (Seal) `%%10—'�xtr,►uun.4iipi � �Y 9 fi o e�0TAA ° . C. 'AC1 rl . ' City of Aspen Qualification Statement Project No.: 2012 -048 Maroon Creek Metering Project 1. Firm Name, Business Address., Contact Person 8 Telephone Number: 2. Year Present Firm 3. Date Thin Form Established: 1999 Prepared: 5/22/12 Heyl Construction; Inc 6560 County RD 335 4. Type of Ownership: A. Small Business New Castle, CO 81647 David Heyl 970.984.3404 Y S Corp B. Minority Owned C. Woman Owned 5. Names of not more than two principals to contact: Title /Telephone: a)David Heyl President /970.274.6488 ' b)Kerri Heyl CFO/970:366.0588 6. Project Examples, Last 5 Years: Project Name, Location S Brief Description: Owner's Name, Address 6 Telephone: Cost of Work Date (X $1,000) Completed 1. Music School Pump House City of Aspen 170,000 on going New pump house and infrastructure to Mueller Construction accommodate the music school. 2. Aspen Valley Hospital utility work Haselden Construction 800,000 12/12/12 Complete infrastructure water mains, sewer mains, storm drainage. 3• Duck Pond Structures C -DOT 361,000 5/2012 Install new dam structures and pipe for a small pond in Grandjuction 4• Sinclair Meadows Related Westpac 4,600,000 5/2009 New subdivision in Snowmass includes all Clearwater Construction infrastructure asphalt and curb and gutter for a 20 lot high end subdivision 5. Shadowrock subdivision Blue Ridge Investments 5,100,000 9/2008 New subdivision in El -Jebel complete infrastructure work and asphalt and curb and gutter for a 80 home site 6. Donegan road reconstruction City of Glenwood Springs 1,200,000 9/2007 Road reconstruction including infrastructure MSE walls, asphalt, curb and gutter 7. 8 9. 10. wi -rn.m. 'on, Project Name, Location S Brief Description: O®ner!s Name, Address S Telephone: Coat of Work Date (X $1,000) Completed 11. 0 12. 13. 14. 15. 16. 17. 18. i 19. 7. Bank Refernces, Contact Person, Telephone Number: a) Community Banks of Colorado: Rodney Naylor 970.945.7035 b) c) 8. Trade References (material suppliers, subcontractors, etc.), Contact Person and Telephone Number: a)GJ Pipe: Dwayne Hall 970.963.5700 b)Wagner Equipment Bill Miller 970.379.3661 c) Western Slope Materials Sean Mello 970.379.0427. 9. Name of Bonding Company and Insurance Company, Agent's Name. Describe current liability insurance coverage: IMA of Colorado Sara Finn 303.615.7438 I hereby certify that the above Qualification Statement is accurate and true. I hereby authorize the City of Aspen to contact any and all of the persona /fi i ted above to obtain further information regarding the qualifications of my firm. ..4" President , Signature Title QS1- 971.doc -QSl �h The City of Aspen CONTRACT FOR CONSTRUCTION O tvRmofneY'Office THIS AGREEMENT, made and entered into on June 11, 2012, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City ", and Heyl Construction Inc., hereinafter called the "Contractor ". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Maroon Creek Metering Project, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract for Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice to Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed One Hundred Eighty Nine Thousand Eight Hundred Ninety Nine ($189,899.00) Dollars or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97 -2) and in the CC1- 971.doc Page 1 * *CC1 Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract for Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract for Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4 -08 -040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his /her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his /her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. 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 the Contractor or the City may assign this Contract for Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any 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. 11. The parties agree that this Contract for Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract for Construction was reviewed and accepted 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-this Contract for Construction. CC1- 971.doc Page 2 ''CC1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract for Construction, represents that he /she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he /she has full and complete authority to enter into this Contract for Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATTESTED BY: APPROVED AS TO FORM: By: City Attorney CITY OF ASPEN, COLORADO An Title: ATTESTED BY: CONTRACTOR: By: Title: S/'G Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. 1- 971.doc Page 3 "cc1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF L� ) SS. COUNTY OF ) On this day of 2?? , 20-Z,.?--, before me appeared to me personally known, who, being by me first duly 'sworn, did say that s /he is Z (f E'o of ,l �'ti���, Z,- and that the seal affixed to said i strument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. DA o N ry Public % r , L° HEYL CONSTRUCTION INC. =` 6560 CR 335 NEW CASTLE, CO 81647 Address My commission expires: 9 //- "4D1/ M- 971.doc Page 4 * *cc1 Certification and Supplemental Conditions to Contract for Services - Conformance with �8- 17.5.101, et seq. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06 -1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens — Public Contracts for Services." This new law prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to comply with the requirements of this new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Contractor" means a person having a public contract for services with the City of Aspen. "Public Contract for Services" means any type of agreement, regardless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "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. PURSUANT TO SECTION 8- 17.5 -101, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor 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. Contractor 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 Contractor 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. 4. Contractor 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. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: (i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) 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 illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8 -17.5- 102 (5), C.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8- 17.5 -102, C.R.S. the 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 Contractor's violation of Subsection 8- 17.5 -102, C.R.S. Public Contract for Services: Cont M. Title JPW- saved: 5/31/2012- 867 -M:\ city \cityatty \contract \forms \certification - hb- 06- 1343.doc tl SIGNED AND'SEALED: thIS 22nd ?ky:,6f copy Of General I op Power of A4 ftoo the Sure W coom a py *BBI To e f .t a Apt. 00, c ty of ire ba�Dii pie�se tali {�66j 76$�3a3�f r email R�0i0uiry���ir�eysutr�ty .,coia Vill MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director NA iM FROM: Jennifer Phelan, Deputy Planning Directort RE: 120 N. Mill St., Pitkin County Library - SPA Amendment, 2 "d Reading of Ordinance No. 19 (Series of 2012), Public Hearing MEETING DATE: June 11, 2012 Page 1 of 11 On first reading of the application (May 29, 2012), City Council members raised a number of questions on the application before them. The items are noted below and some are answered below while the applicant will address some at the public hearing. Some of these issues are outside the scope of the City Council's adopted standards of review within the Land Use Code. Although these issues may deserve some public vetting, a more appropriate forum to discuss these matters would be through public meetings conducted by the library board. Please be aware that by broaching these topics, City Council could potentially exceed its jurisdiction and meet the definition of an abuse of authority by debating these issues. Even if the final decision references the review standards, the discussion will create a record that implies the decision was based on factors other than, the standards of review and will significantly impair the City's position if the matter is ever subjected to legal scrutiny. Staff recommends City Council limit their review of the library's land use application to the standards of review to which the application is subject and not focus upon issues outside of their purview. 1) Height. Why can't the building be 28 feet? Staff response: The subject properties are zoned Public (PUB) with a Specially Planned Area (SPA) overlay. The Public zone district does not have any underlying dimensional requirements and the dimensional allowances such as height and setbacks are memorialized through a site - specific development plan such as an SPA. The height along the plaza is approximately 29 feet at its highest point, which the library team will address. 2) Visual Perspective. Provide additional detail from the north looking towards Aspen Mountain. Staff response: Library team will include these perspectives as part of their visual presentation. 3) Library of the Future. Explain how this will be the library of the future and not just meeting what the consultant recommended. Staff response: Library team will discuss how they came to this solution.for the expansion of the current facility. 4) Employee Generation. How does 7,200 square feet not generate employees? Staff response: Per the land use code, the Planning and Zoning Commission determines the number of employees generated by an Essential Public Facility and "the City Council may assess waive, or partially waive affordable housing mitigation as is deemed warranted for the purposes of promoting civic uses and broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs. During the Planning and Zoning Commission's hearing on this application, the Commission determined (based on the applicant's representations) that there will be no new employees Page 2 of 11 generated. The Public zone district does have an employee generation rate listed in the code but it is based upon "office type public uses " and the code notes that the "number should not be considered typical for other non - office public facilities. Hence, each Essential Public Facility proposal shall be evaluated for actual employee generation. " The library provided a schematic (Exhibit H) that outlined current employee staffing on a typical shift and expected future staffing based on the reconfiguration and expansion of the library. The number of employees currently staffing the library during operating hours is typically sixteen at any one time (8 full -time and 8 part time). During summer months, when the library is busier, temporary part -time staff is added. The library is proposing to add approximately 7,198 square feet to the existing building in the form of a main floor of 5,899 square feet and a mezzanine of 1,299 square feet. According. to' the library, the reconfiguration and expansion of the library will provide for a more open floor plan that improves sight lines without requiring additional staffing. The expansion will improve the functionality of the library spaces and improve the user experience. The board does not anticipate new employees to be generated as a result of this expansion. Current and proposed staffing for a typical point in time is noted as follows: Floor _'-Curren' Staffing Propose Staffing Full Time:_ ....:Part -time ., Full Time-. - Part -time Basement 4 4 1 3 Main Level 2 1 2 3 Mezzanine 2 3 5 2 Total 8 8 8 8 APCHA had recommended an employee mitigation requirement of 2.87 FTEs by creating an overall employee per square foot average based on the current size of the library (31, 703 sq. ft.) and dividing it by an average number of FTEs (21.05). They then apply that average to the proposed additional square footage. This methodology is based on treating the library use as if'the entire library is net leasable and does not reflect the unique uses of the library and the differentiation between what types of uses tend to generate a need for staffing versus those uses that do not generate employees. As noted above, with the reconfiguration and expansion of certain library uses /areas and the improved lines of sight, . the library does not anticipate the need for more staffing. In looking at the current uses such as the teen reading area and quiet reading, these uses currently do not have designated staff and are proposed to increase in size without necessitating the need for additional staff. Increased meeting space, which will increase square footage; does not currently need staff support and will not in the future. The Planning and Zoning Commission supported the library's assertion that no new employees will be generated; however, they did believe that this claim can be confirmed in the, future with an employee audit at the request of APCHA. Page') of 11 5) Employee Generation. Has there been any audit that identified additional employees generated but the employer claims the employees were not generated by the expansion? Staff response: APCHA has noted that almost all audits that they have received have shown that no additional employees are generated. Staff has written the audit requirement to require mitigation if the audit shows there are additional employees generated by the expansion rather than a library board directive to change operations in some manner. 6) Galena Plaza Improvements. What is the timeline for the Galena Plaza Improvements? Staff response: The Asset and Parks departments have a conceptual plan for improvements for Galena Plaza that will need to receive land use entitlements prior to construction. The proposed timeline for the construction is beginning in 2013 and ending in 2014. A utility project along Galena Street and the alley may begin this fall. 7) Funding bject. How will the project be funded? Staff response: The estimated construction budget for the library is 10 million dollars. Approximately half of the expenses are anticipated to be paid with bequests made to the library. The balance of the cost is anticipated to be paid through an increase to the library Page 4 of 11 mill levy, which will need voter approval. It's important to recognize; however, that with this proposal entitled the project could still move forward even if the mill levy is not approved. 8) County application status. Status of proposal with County Commissioners. Staff response: As noted at first reading the library sits on property owned by the Pitkin County Commissioners. The city received a letter from the Pitkin County manager, John Peacock, consenting to the application for the expansion. Semi - annual updates from the library are included in meeting packets for the Board of County Commissioners, and the County Librarian attends the subsequent BOCC meetings to answer any questions the reports might generate. Information about work on the proposed addition has been, included in these library updates: March 6, 2009; September 28, 2009; March 16, 2010; October 20, 2010; October 4, 2011, and March 6, 2012. The BOCC must take formal action to approve the library's budget. Budget requests.for funding to study the issue and to prepare the Land Use Application have been included in the budget and the narrative budget reports for the last three years. A supplemental budget request on June 6, 2010, was approved by the Commissioners to allow the library to enter into an initial agreement with the architectural team the Library Board had selected. The architectural team presented conceptual plans to the BOCC on January 18, 2011, and to a Joint Session with the City Council on February 1, 2011. On February 22, 2011, 'the Commissioners gave the library permission to enter into the next phases of the contract with the architects to complete schematic design and to prepare and submit the documents needed for a land use application to and the review process with the City of Aspen. On June 21, 2011, the design team again met with the BOCC to update them on the work to date. The Board of County Commissioners have received copies of the Land Use Application 9) Programming and Architecture. Why the program like it is and what is it that drives the . architecture? Staff response: Library team will discuss how they came to this solution for the expansion of the current facility. Please note that the review criteria for Specially Planned Area, which the project is being reviewed under, discusses issues of development compatibility as it relates to mass, scale, architecture, and landscaping rather than the actual programming within the building. THE MEMO OF MAY 29TH IS PROVIDED BELOW FOR REFERENCE LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals of City Council: Specially Planned Area (SPA) Amendment for a new addition to the library pursuant to Land Use Code Section 26.440.050 (City Council is the final review authority following a recommendation from the Planning & Zoning Commission). Page 5ofII • Growth Management Review for an Essential Public Facility pursuant to Land Use Code Section 26.470.090.4 (City Council is the final review authority following a recommendation from the Planning & Zoning Commission). The Planning and Zoning Commission (P &Z) reviewed the application on April 3, 2012. The minutes from these meetings are attached as Exhibit D. The Applicant received the following recommendations of approval from the Commission: Specially Planned Area (SPA) Amendment and Growth Management Review for. an Essential Public Facility pursuant to Resolution 8, Series 2012 (Exhibit E). The City Council will be wearing two hats in this review: one as a review body for the land use approvals and one as a property owner that the expansion is proposed upon. Subsequent sections of the staff memo are divided by land use or owner issues. PROJECT BACKGROUND: The Applicant has requested _approval of a SPA Amendment and a Growth Management Review for an Essential Public Facility in order to construct an addition onto the east facade of the library. The existing library was originally approved in 1989 via a final SPA application. Following is a brief history associated with the development of the library. • In 197' ) the city used 7th penny transportation funds. to purchase a majority of the Rio Grande property, inclusive of the area now occupied by a portion of the youth center, Galena Plaza and parking garage, and the parking lots in front of ACRA. • The current library site was called the "Oden ".parcel which was purchased by the city (in addition to some other acreage) in 1982 with 6th penny .funds. At that time, Sixth Penny funds were not restricted solely to parks and open space purposes. • In 1988 -a conceptual SPA master plan was adopted by City Council identifying a parking garage, the library, the Spring Street extension, a new snow melt facility and an arts usage area for the Rio Grande area. • In 1989 a final SPA plan was approved by City Council for the parking garage and the Pitkin County Library. • The library was constructed in 1991. • In 1995, the Board of County Commissioners and the City of Aspen exchanged certain properties in the Rio Grande Subdivision. Lot 2 (Galena Plaza) was conveyed to the city by the county; however, the county reserved "a 44 foot easement for possible library expansion over the current Rio Grande ,Parking Garage." ( Pitkin County .Ordinance No. 15, Series of 1995). ' Page 6 of 11 PROJECT SUMMARY: The applicant is requesting to expand the existing library to the east with a two story addition that is a total of 7,198 square feet. The addition is approximately 29 feet tall when measured from Galena Plaza. The addition is proposed to contain 5,899 square feet on the main level and a mezzanine level that is 1,299 square feet. The existing library contains 31,703 square feet on three levels sits on Lot 3 of the Rio Grande Subdivision. The addition is proposed to be built on Lot 2 (Galena Plaza/parking garage) within an easement reserved by the county for the future expansion of the library. As proposed, the conditioned space of the expansion will sit upon the 44 foot wide easement and a canopy or porch element is proposed to project outside the existing easement. The applicant is also coordinating with the City of Aspen, as plans are being drawn up to redevelop Galena Plaza. The library board has conducted a needs assessment by a library consultant. The consultant identified a number of areas that could improve the overall function of the library inclusive of: expanding the children's room, improving access to the music and media room, expanding the young adult area, providing small group meeting spaces, reconfiguring staff desks and workspaces for better efficiency, providing modern amenities such as quiet reading areas, exhibition space, study rooms, as well as outdoor reading areas, and improving accessibility to the library collection. Based on the assessment the library has vetted a number of redevelopment options and conducted a number of open houses to gather public feedback. The proposed design, as shown in the following figures, was selected. The library anticipates funding of the project to be partly Page 7 of 11 through an existing construction fund and an increase in the library's mill levy. The library expects to request the mill levy increase in the November 2012 election. Figure 2: View from Galena Plaza Figure 3: Proposed Lower Level Floor Plan s u 1 1 1 f 1 1 0 manage mean mwm• . � nag. agart °` �: wage aNIME.r Wen - - SEA ■ mo amm..wmgaaamgm maewme-:'amnmm Page 8 of 11 h icure 4: Fronosect Main Level r loor Flan 22165F — /gpnYfodlw/fgw — arm �1133�� �'i 3: Proposed Mezzanine Level rM 14W 8F r- ° ° of — _ _ ..J STAFF COMMENTS: SPECIALLY PLANNED AREA The Applicant is requesting an amendment to the Pitkin County Library SPA to construct an addition onto the east fagade of the existing library. The County anticipated a future expansion of Page 9 of 11 the library by reserving an easement for future expansion onto Galena Plaza when the city and county exchanged properties. The addition will sit upon the roof structure of the parking garage. Staff Comments: The. Applicant is proposing a two story addition on the east side of the library. The scale and mass of the addition relates to the existing library. The contemporary addition provides lightness to the building by providing abundant glazing. The glazing brings the outdoors into the library connecting patrons to the natural views around them. The entrance is more inviting than the existing entrance facing the plaza. The addition has the potential to help activate the adjoining plaza by creating a space (inclusive of the porch element) where people may dwell. The expansion of the library meets the findings and recommendations of the Civic Master Plan (2006). The document noted that an expansion of the library was appropriate and that it should include a meeting room. It also. noted that coordination with the city, to the extent possible, with regard to other improvements around Galena Plaza should occur. Currently the county and city are meeting to coordinate this project as it will be built upon the parking garage as well as other improvements for the plaza that are being proposed. Community Development staff finds the request meets the SPA review criteria and recommends approval of the land use request.. GROWTH MANAGEMENT REVIEW — ESSENTIAL PUBLIC FACILITY City Council is the final review authority for the review of the library as an Essential Public Facility. The Planning & Zoning Commission determines the number of employees generated pursuant to section 26.470.100.1. Based on the employee generation determination by the Commission and pursuant to Section 26.470.090.4, Growth Management Review: Essential. Public Facilities (EPF) of the City of Aspen Land Use Code, the "City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for. the purpose of promoting civic uses and in consideration of broader community goals." The applicant states that the remodel and expansion of the library will not generate employees as it will improve the functionality of the library; however, the housing board recommended that the Commission find that 2.87 employees are generated by the addition or, if no employees are determined to be, generated, an employee audit is required in the future. At the April 3`d hearing the Planning and Zoning Commission found that "in consideration of the Applicant's representation that there will be no new employees generated," the Commission recommended that an employee audit be conducted one and three years after a Certificate of Occupancy issued for the library. Staff Comments: Staff finds the request meets the Essential Public Facility Growth Management review criteria and recommends approval of the request, with conditions. Specifically, Staff recommends that the City Council determine that no new employees will be generated based upon the library's representations and require an employee generation audit one and three years after issuance of a Certificate of Occupancy is granted for the expansion as recommended by the Planning and Zoning Commission. Page 10 of 11 CITY /COUNTY COOPERATION /COORDINATION: As mentioned previously, staff believes the proposal meets the land use reviews necessary to entitle the project; however, the City Council acting as owner of Lot 2 upon which the addition is proposed, may have development concerns that need to be addressed outside of the land use reviews. City and County staff are currently meeting on a regular basis and are developing detailed easement language that will reflect the new footprint of the addition. This draft will be provided at second reading. Construction and maintenance /operation agreements between both parties will also need to be developed; however, these agreements should not be written until the outcome of the November election is known. The second reading will contain an outline of what needs to be addressed in any future agreements. REFERRAL AGENCY COMMENTS: Staff from Housing, Parks, Engineering, Fire, Building, Water & Utilities, Sanitation, and Environmental Health reviewed this project. All the comments are attached in Exhibit C. STAFF RECOMMENDATION: Community Development staff finds the request meets the SPA review and growth management criteria and recommends approval of the request. RECOMMENDED MOTION: "I move to approve the request for an Amendment to the Pitkin County Library SPA and an Essential Public Facility Growth Management Review to allow the library to construct an approximate 7,200 sq. ft., two story addition." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A — SPA Review Criteria (provided 5/29/12 and 6/11/12) EXHIBIT B —Essential Public Facility Review Criteria (provided 5/29/12 and 6/11/12) EXHIBIT C — DRC Comments (provided 5/29/12) EXHIBIT D — P &Z minutes dated 4/3/12 (provided 5/29/12) EXHIBIT E — P &Z resolution No. 8 (series of 2012) (provided 5/29/12) EXHIBIT F — Summary of Public Input (provided 5/29/12) EXHIBIT G — Application (provided 5/29/12) EXHIBIT H — Library Employee Generation Schematics EXHIBIT I — Public Comment Page 11 of 11 ORDINANCE NO. 19 (SERIES OF 2012) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A SPECIALLY PLANNED AREA (SPA) AMENDMENT AND AN ESSENTIAL PUBLIC FACILITY GROWTH MANAGEMENT REVIEW FOR THE PITKIN COUNTY LIBRARY TO CONSTRUCT A TWO STORY ADDITION TO THE EXISTING FACILITY, 120 N. MILL STREET, CITY OF ASPEN, COLORADO, LEGALLY DESCRIBED AS LOTS 2 AND 3 OF THE RIO GRANDE SUBDIVISION. Parcel IDs 273707306852 and 273707306853 WHEREAS, the Community Development Department received an application from the Pitkin County Library, represented by Design Workshop, requesting approval of a Specially Planned Area (SPA) amendment, and an Essential Public Facility Growth Management Review, to construct a two story addition onto the east facade of the Pitkin County Library; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for a Specially Planned Area (SPA) Amendment, and Essential Public Facility Growth Management Review; and, WHEREAS, the property is located in the Rio Grande Subdivision and is zoned Public (PUB) with an SPA Overlay; and, WHEREAS, the addition is proposed upon part of Lot 2 of the subdivision and commonly known as Galena Plaza; and, WHEREAS, upon initial review of the application and the applicable code, standards, the Community Development Department recommended approval of a Specially Planned Area (SPA); and, WHEREAS, during a duly noticed public hearing on April 3, 2012, the Planning and Zoning Commission approved Resolution No. 8, Series of 2012, by a six to zero (6 — 0) vote, recommending City Council approve an amendment; to the Rio Grande SPA and an Essential Pubic Facilities Growth Management Review for the library expansion; and, WHEREAS, the City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, Page 1 of 9 with conditions, is consistent with the goals and elements of the Aspen Area Community Plan and the Civic Master Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: General Development Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves of a Specially Planned Area (SPA) amendment to the Pitkin County Library SPA, and an Essential Public Facility Growth Management Review. The proposed addition shall comply with the plan shown at the June 11, 2012 City Council meeting and consists of a two story addition that sits upon Lot 2, of the Rio Grande Subdivision and contains approximately 5,899 square feet. The approved dimensional standards of the project shall be recorded on the plat. Section 2: Plat and Agreements The Applicant shall record a SPA plat and agreement that meets the requirements of Land Use Code Chapter 26.440, Specially Planned Area, and Section 26.440.070, SPA agreement and recordation. City Council expressly permits the plat and agreements to be recorded within 180 days of the November 6, 2012 election. In addition to the plats and agreement set forth above, the applicant shall enter into and record, if appropriate, the following: A) an amended easement agreement regarding the existing 44 foot easement over City property; B) an easement agreement for an additional 21 feet over City property; C) an improvements /construction agreement; and D) an operational agreement. At a minimum the agreements shall include the following: A. Existing Easement. Applicant shall record, within 180 days of the November 6, 2012 election, an amended easement that provides a specific legal description of the existing 44 foot easement. The minimum number of touchdown points required for the structure on the garage shall be identified in the easement. Uses that will take place and be allowed within the 44 foot easement shall be as follows: construction of the library addition, occupancy of the library addition, and maintenance of the library addition. The easement shall provide a reservation for the City to access the easement property for maintenance of the garage air vent and any other repairs that are necessary for the Garage. County shall be responsible for any damages caused to the garage though the use of the easement. City will be responsible for any damages caused to the library caused by Garage or Plaza operations. County shall Page 2 of 9 provide access to the City to make and repairs to the garage or the library necessitated by Garage or Plaza operations. The final amended easement shall be subject to review and approval by the City Attorney's Office. B. New Easement. The applicant and the City will enter and record into, within 180 days of the November 6, 2012 election, an additional easement for the City property to the east of the existing easement. This easement will extend approximately 21 feet to the east, approximately 10 feet to the north and approximately 15 feet to the south of the existing easement, in substantially the same dimensions as depicted in Exhibit 2. This easement will contain a specific legal description of the easement and will be the minimum size necessary to accommodate the canopy /porch element that is proposed and may be limited in height and depth. Uses within this element will include construction and maintenance of the canopy /porch element. Construction east of the determined touchdown point, or centerline of the garage structural wall - (ref. building section) may include an up to 30" roof overhang. In addition the easement will specifically restrict the easement uses following construction to public uses, it being the intent of the easement that the area under the canopy /porch element shall be open to the public at all times. County shall be responsible for any damages caused to the garage though the use of the easement. City will be responsible for any damages caused to the library caused by Garage or Plaza operations. County shall provide access to the City to make and repairs to the garage or the library necessitated by Garage or Plaza operations. The final easement shall be subject to review and approval by the City Attorney's Office. C. Improvements /Construction Agreement. An improvements /construction agreement will be executed by applicant and the City prior to issuance of a building permit. The agreement will outline the following I ) The County, with city approval, shall be responsible for finishes within the library's structural footprint. 2) The County will be responsible for waterproofing the parking garage under library structure and within both easements. This requirement shall be undertaken by the library in conjunction with the city's effort to waterproof the parking garage, regardless of the construction timeline for the library addition. The County agrees to develop a separate waterproofing agreement if requested by the city. City and County will work together to come up with the best mutually acceptable approach and timing to the improvements. 3) The County will be responsible for waterproofing under any area disturbed by its construction/operations as provided in the agreement. 4) The library shall retain the right, with city approval (which shall not be unreasonably withheld), to access for construction and maintenance the city parking garage and plaza. An allowance for the library, with city approval (which shall not be unreasonably withheld), to modify the structure of the parking garage to accommodate the new library expansion based on approved engineered drawings shall be included in the agreement. Page 3 of 9 5) The agreement shall outline an operations plan for the construction to minimize impacts to the operation of the parking garage and consider reimbursement of lost revenues as a result of the construction. 6) The agreement shall outline the preference of the library and city coordinating construction of the library expansion and Galena Plaza improvements concurrently, if feasible, to minimize the length of construction impacts on the surrounding neighbors. 7) County shall be responsible for any damages caused to the garage though the use of the easement. City will be responsible for any damages caused to the library caused by Garage or Plaza operations. County shall provide access to the City to make any repairs to the garage or the library necessitated by Garage or Plaza operations. 8) The final agreement shall be subject to review and approval by the Capital Asset Director. 9) Relocation of the transformer on Lot 2 may require additional easements within the library property (Lot 3) that will not be unreasonably withheld by the County. The location of said easements must be mutually agreed upon by both parties. D. Operational Agreement. An operational agreement will be executed by the applicant and the City prior to an issuance of a Certificate of Occupancy for the library expansion. The operational agreement will set forth, at a minimum the following: 1) Shared cost responsibility agreement for operations, maintenance, snow removal, irrigation, drainage, capital improvements and use of public right of way. This agreement will be done upon completion of design and approval for construction .from the governing authority. 2) County shall be responsible for any damages caused to the garage though the use of the easement. City will be responsible for any damages caused to the library caused by Garage or Plaza operations. 3) The final agreement shall be subject to review and approval by the Capital Asset Director and Parks Director. Nothing contained in the easements or other agreements entered pursuant to this section shall be construed to limit or restrict the City's use, maintenance and development of the parking garage, the plaza or adjacent properties. The applicant shall agree that it will not oppose any development proposals submitted by the City on the remainder of Lot 2 or any adjacent properties of the City. In the event the November 2012 library ballot initiative is unsuccessful and the library addition is delayed or not built, the City may move forward with improvements to Galena Plaza. The City shall have the right to develop transitional landscape improvements (both softscape and hardscape) within the easements with County approval (which shall not be unreasonably withheld). Section 3: Building Permit Application The Applicant, the Applicant's General Contractor, the Architect that produced the construction drawings, and representatives from the Building Department, Community Page 4 of 9 Development Department and any other person deemed necessary by the City shall attend a meeting prior to the submission of any type of Building Permit for the Subject Property. The purpose of the meeting shall be to ensure clarity relative to the submission requirements, the requirements of this Ordinance, timeframes for processing Building Permits, and any other issues raised by any party. The building permit application shall include the following: A. A copy of the final Ordinance. B. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. D. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which meets adopted City standards. E. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. F. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. G. A detailed excavation plan for review and approval by the City Engineer. H. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 4: Affordable Housing. In consideration of the Applicant's representation that there will be no new employees generated, the City Council shall require an employee audit be conducted one and three years after a Certificate of Occupancy is issued. If employees are found to be generated, any employee mitigation shall be subject to the rules and regulations in effect at the time of the audit. Mitigation shall be required if the employees generated are determined to be generated as a result of the expansion rather than an operational change in the library. Prior to issuance of a building permit, applicant shall submit baseline data on existing Full Time Equivalents (FTEs) at the library to the Aspen Pitkin County Housing Authority. Section 5: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant design shall also be compliant with the Urban Runoff Management Plan. Page 5 of 9 Section 6: Fire Mitillation All codes adopted by the Aspen Fire Protection District shall be met per building permit. This includes but is not limited to access (International Fire Code (IFC), 200' ) Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Confirmation is required that the water supply is adequate to meet the increased demand necessitated by the expansion. Emergency vehicle access shall be maintained. Section 7: Utilities The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Section 8: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, at the time of construction, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On -site utility plans require approval by ACSD. Elevator shafts drains must flow thru an oil and sand interceptor. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to building permit. Below grade development may require installation of a pumping system. One tap is allowed for each building. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). Any glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Page 6 of 9 Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. Section 9: Environmental health The state of Colorado mandates specific mitigation requirements with regards to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements and noise abatement. Wildlife protection/enclosures for the trash and recycle area is required. The kitchen space intended to support the meeting space is not required to be licensed; however, it is recommended that commercial grade equipment be installed instead of domestic equipment for durability and functionality (to support catered events). Section 10: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 11: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. Per City Code 13.20 an approved tree permit will be required before any tree is removed or impacted under the drip line .of the tree. Parks is requiring that the tree permit be approved prior to approval of building permits. Mitigation for removals will be paid cash in lieu or on site per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates Section 12: Impact Fees and School Lands Dedication Fee -in -Lieu The Applicant is not required to pay impact fees or the school lands dedication-fee-in-lieu as no commercial net lease area or residential dwellings units being developed. Section 13: Vested Rights The development approvals granted pursuant to this ordinance shall be vested for a period of three (3) years from the date of issuance of the development order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published- in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property 'right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots 2 and 3, Rio Grande Subdivision and commonly known as 120 N. Mill Page 7 of 9 Street, City of Aspen, CO, by Ordinance No. -- Series of 2012, of the Aspen City Council. C Section 14: Exhibits. The exhibits listed below are appended hereto and are, by references made to them, incorporated into this Ordinance as if fully set forth herein: • Exhibit 1 - Schematic elevations and floor plans • Exhibit 2 — Schematic easement Section 15: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an.authorized entity. Section 16: 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 17: 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 18: A public hearing on this ordinance shall be held on the 11ffi day of June, 2012, 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 was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PU13LISHED as provided by law, by the City Council of the City of Aspen on the 29th day of May, 2012. Page 8 of 9 Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of , 2012. Attest: Kathryn S. Koch, City Clerk Approved as to form: James R. True, City Attorney Michael C. Ireland, Mayor Page 9 of 9 w q! dONS)INOMNSIS30 510311H:))AVIIOd53121HdwnH S1331lH3HV H38W3d SIIIIM ,t09 17-V iL p ,.p 9 I WILLIS PEMBER ARCHITECTS HUMPHRIES POLL ARCHITECTS DESIGN WORKSHOP •r I WILLIS PEMBER ARCHITECTS HUMPHRIES POLL ARCHITECTS DESIGN WORKSHOP WILLIS PEMSERARCHITECTS HUMPHRIES POLI ARCHITECTS DESIGN WORKSHOP i h4� a EXHIBIT MAP OF: EASEMENT A, (CONSTRUCTION EASEMENT) EASEMENT B, (LIGHT AND AIR EASEMENT) SITUATED ON LOT 2, AMENDED RIO GRAND SUBDIVISION, SECTION 7,.TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 2 - LOT 1 RIO GRANDE SUBDIVISION RECEPTION NO. 362199 0 MILL STREET q NDOS, PARCEL 2 w ECEFITION NO. 455433 0 ti V// 06' Z S66 °43'58 "E 23.98' N75 °09'11 "W s7s °2.25' 21.97' z.zs' �% - 12'OAiE WESTERLY BOUNDARY OF LOT 2 /EASTERLY WALL OF LIBRARY \ / ' �' ^n NEE O SON SUB- GRADE /WESTERLY arl � ' P � O� S 5 GARAGE WALL \ / (2 \SV� v X69 LOT 3 . LO NO NO RIO GRANDE �i \ of Qi/ G(k P ON SUBDIVISION SUBDIVISION m I RECEPTION NO. = , o , /zip 362199 En ���;z� w 3 S' OFFSET EAST OF THE ID L � ^���a /NIN CENTERLINE OF THE FIRST a v�w w a NORTH -SOUTH STRUCTURAL r v WALL EAST OF THE WESTERLY GARAGE WALL. ABOVE GRADE EXTERIOR \�K+ I BUILDING WALL-- -' a J I, EX+STI( G, R A G AIR VENT POINT OEASEM NTA ` _% �� ,� - -- U - -L— POINT OF BEGINNING �?5T "1566 W /4// % EASEMENT B �• / 4-7 37.38' w Lu N75 °09'11 "W 00 N 103.30' A.w a /6 BLOCK 86 ALLEY u' z o • ' u, 1 GP5 -5 _ N GALEN & _ IS 75°,0 'S3" E HOPKIN _ -V ' 1 9� �27T ! I ASIC (1F A, RINI;I HOPKINS 0 GRAPHIC SCALE 40 0 20 40 ( IN FEET) 1 inch = 40 ft. NOTICE: ACCORDING TO COLORADO LAW YOU MUST SOPRIS ENGINEERING - LLC COMMENCE ANY LEGAL ACTION BASED UPON ANY CIVIL CONSULTANTS DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER 502 MAIN STREET, SUITE A3 YOU FIRST DISCOVERSUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY CARBONDALE, COLORADO 81623 BE COMMENCED MORE THAN TEN YEARS FROM THE (970) 704 -0311 SOPRISENG @SOPRISENG.COM DATE OF CERTIFICATION SHOWN HEREON. 11228 05/02/12 11228 -EXHIB -2011 LOT 2 AMENDED RIO GRAND.DWG EXHIBIT MAP OF: EASEMENT A, (CONSTRUCTION EASEMENT) EASEMENT B, (LIGHT AND AIR EASEMENT) SITUATED ON LOT 2, AMENDED RIO GRAND SUBDIVISION, SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 2 EASEMENT A DESCRIPTION: (for the purpose of constructing an expansion of the existing Pitkin County Library facility) An easement situated on Lot 2, according to the Amended Plat of the Rio Grande Subdivision recorded on July 5, 2002 as reception number 469504 in the Pitkin County Records, said easement located in Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, City of Aspen, County of Pitkin, State of Colorado; said easement being more particularly described as follows: Commencing at the Southwest corner of said Lot 2; thence N.14 °46'31 "E. along the Westerly boundary line of said Lot 2; a distance of 15.66 feet to the POINT OF BEGINNING; thence continuing along said Westerly boundary line N.14 °46'31 "E., a distance of 125.43 feet to a point on the extension of the existing Library's Northerly exterior.wall finished facade; thence leaving said Westerly boundary S.75 °12'04 "E. along the extension of said Library's Northerly exterior wall finished facade , 44.00 feet; thence leaving the extension of said Library's Northerly exterior wall finished facade S.14 °46'31 "W., 125.43 feet to a point on the extension of the existing Library's Southerly exterior wall finished facade; thence N.75 °12'04 "W. along said extension of the existing Library's Southerly exterior wall finished facade, a distance of 44.00 feet to the POINT OF BEGINNING. Containing 5,519 square feet or 0.127 acres, more or less. Said easement A being subject to an easement for the operation and maintenance of the existing Garage air vent as depicted on sheet one of this exhibit. EASEMENT B DESCRIPTION: An easement situated on Lot 2, according to the Amended Plat of Rio Grande Subdivision as recorded on July 5, 2002 as reception number 469504 in the Pitkin County Records, said easement located in Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, City of Aspen, County of Pitkin, State of Colorado; said easement being more particularly described as follows: Beginning at the Southwest corner of said Lot 2; thence along the Westerly boundary line of said Lot 2 N.14 °46'31 "E., a distance of 15.66 feet to a point on the extension of the existing Library's Southerly exterior wall finished facade; thence leaving said Westerly boundary line S.75 °12'04 "E. along the extension of said existing Library's Southerly exterior wall finished facade, 44.00 feet; thence leaving the extension of said existing Library's Southerly exterior wall finished facade N.14 °46'31 "E., 125.43 feet to a point on the extension of the existing Library's Northerly exterior wall finished facade; thence along the extension of said existing Library's Northerly exterior wall finished facade N.75 °12'04 "W., 44.00 feet to a point on said Westerly boundary line; thence along said Westerly boundary line N.14 °46'31 "E., a distance of 13.53 feet; thence leaving said Westerly boundary line S.66 °43'58 "E., 23.98 feet; thence S.75 °12'04 "E., 42.25 feet; thence 5.14 "47'26 "W., 151.15 feet to a point on the Southerly boundary line of said Lot 2; thence along said Southerly boundary line N.75 °09'11 "W., a distance of 65.92 feet to the POINT OF BEGINNING. Containing 4,488 square feet or 0.103 acres, more or less. The intent of the above easement description is to comply with requirements of Section 705 of the IBC 2009 code. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704 -0311 SOPRISENG @SOPRISENG.COM 11228 05/02/12 11228 -EXHIB -2011 LOT 2 AMENDED RIO GRAND.DWG w ­1 _&.l V V 21.971 WESTERLY BOUNDARY OF LOT 2/EASTERLY WALL OF LIBRARY SUB-GRADE/WESTERLY GARAGE WALL LOT 3 RIO GRANDE SUBDIVISION RECEPTION NO. 362199 ABOVE GRADE EXTERIOR,," I BUILDING WALL POINT OF BEGINNING . EASEMENT POINT OF BEGINNING EASEMENT B 42.25 PITKIN COUNTY LIBRARY RENOVATION /, ADDITION —9 EDGE OF ROOF OVERHANG J 1111TGM 1— nr C-1 IrTl IDAI XA/Al I nc STRUCTURAL COLUMNS Alok '0 C\ 00 vo lu LL G ��o\OV\ Ln Ln ry 'HUM -5'OFFSET EAST OF THE E /(�o CENTERLINE OF THE FIRST PHRIES co "I'i(A >7 POLO 0 ojl !"1 r- c� NORTH-SOUTH STRUCTURAL 1 1, 11 / 4 i WALL EAST OF THE V) LLJ WESTERLY GARAGE WALL. 1 X11 OE AIR VENT if I 37.38' I — PLAN AND ADDITION ROOF ROOF OVERLAY SPA AmeMmneM NOT FOR CONSTRUCTION A-204 L�. &UILDI NO SECTION - �A PITKIN COUNTY LIBRARY RENOVATION/ ADDITION 9; �r HUM :10 MHRMES POLH '• ARCHITECTS wn.p�u mew <�mo?m wa•�� M n. wdhsa a wue�a p •cw wiry sa nawR� Nmp 1i�/O��rm BUILDING SECTIONS SPA / Y 2D12 3 ANV Dl} I`% I rl 1 1 NOT FOR CONSTRUCTION A-401 N Wlm I ID zl� IcDn of I� DID I� 1� r-Im H �I 0 ;u ICU < ID I 1 &UILDI NO SECTION - �A PITKIN COUNTY LIBRARY RENOVATION/ ADDITION 9; �r HUM :10 MHRMES POLH '• ARCHITECTS wn.p�u mew <�mo?m wa•�� M n. wdhsa a wue�a p •cw wiry sa nawR� Nmp 1i�/O��rm BUILDING SECTIONS SPA / Y 2D12 3 ANV Dl} I`% I rl 1 1 NOT FOR CONSTRUCTION A-401 N Exhibit A Sec. 26.440.050. Review standards for development in a Specially Planned Area (SPA). A. General. In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning-Commission and City Council shall consider the following: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Finding: The Applicant is proposing a two story addition on the east side of the library. The scale and mass of the addition relates to the existing library. The contemporary addition provides lightness to the building by providing abundant glazing. The glazing brings the outdoors into the library connecting patrons to the natural views around them. The entrance is more inviting than the existing entrance facing the plaza. The addition has the potential to help activate the adjoining plaza by creating a space (inclusive of the porch element) where people will dwell. Staff finds this criterion met. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Finding: The property is currently served by public facilities. Sufficient public facilities exist to serve the proposed expansion of the library. Staff finds this criterion met. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mudflow, rock falls, avalanche dangers and flood hazards. ,Staff Finding: The property is generally suitable for development and does not contain areas of potential mudflow, rock fall, avalanche dangers or floor hazards. Staff finds this criterion met. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide .open space, trails and similar amenities for the users of the project and the public at large. Staff Finding: The property is not located with a view plane and is designing an addition that should add amenities (such as the covered canopy area) for users of the library and Galena Plaza and that will help activate the plaza. Staff finds this criterion met. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Staff Finding: The 2000 AACP does not directly discuss the library; however proposing the expansion of the library at its current location maintains development within the urban growth boundary "to ensure development is contained and sprawl minimized (Managing Growth, Goal D). " Additionally, the expansion of the library "ensures the provision of public facilities and services to sustain arts, culture and education in the community. " (Arts, Culture and Education, Goal E). The Civic Master Plan (2006) does directly discuss the library and "The CMPAG supports an expansion of the Pitkin County library to the east, and recommended that "the design of the building be coordinated with other built edges around Galena Plaza, to the extent possible. " As noted in the application, the expansion is proposed along the existing east facade and discussions are underway to coordinate the redevelopment of both the library and Galena Plaza. As proposed in the current application, "the CMPAG also recommended that a "meeting room be located on the ground level of.the library expansion, to allow for public access, to the meeting room 'at any time, and increase the use and vitality of Galena plaza. " Stafffinds this criterion met. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel or the surrounding neighborhood. Staff Finding: The property is currently served by public facilities. Any necessary improvements to such public facilities such as mains, sidewalks or right -of -ways will be borne by the applicant. Stafffinds this criterion met. 7. Whether proposed development on slopes in excess of twenty percent (20 %) meet the slope reduction and density requirements of Subsection 26.445.040.B.2. Staff Finding: The subject expansion area does not contain steep slopes. Stafffinds this criterion not applicable. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Finding: The application is requesting to build an additional 7,198 square feet to expand the library. As an Essential Public Facility there is no annual limit on allotments. Staff finds this criterion met. Exhibit B Sec. 26.470 Growth Management Quota System. Sec. 26.470.090. City Council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. 4. Essential public facilities. The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. The Community Development Director has determined the primary use and /or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. Staff Finding: The library received approval in 1989 for the development of the facility as an Essential Public Facility. Staff believes the library continues to meet the definition of an Essential Public Facility. Staff finds this criterion to be met. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Staff Finding: The library states that no additional employees are generated by this proposed expansion. According to the application, the library currently has 25 people on the payroll that equals 21.75 Full Time Equivalents (FTEs) as not all staff are full time employees; however, a maximum of 13.92 FTEs are required to handle typical daily operations (both front and back of house). With multiple shifts in a single day to accommodate library hours of operation, the average number of employees working at once is 16 (8 full -time and 8 part- time). With the reconfiguration and expansion of certain library uses /areas and the improved lines of sight, the library does not anticipate the need for more staffing. _ In looking at the current uses such as the teen reading area and quiet reading, these uses currently do not have designated staff and are proposed to increase in size without necessitating the need for additional staff. Increased meeting space, which will increase square footage, does not currently need staff support and will not in the future. Based on the improved layout of the library and the fact that some of the uses being increased are not currently staffed and do not typically need staffing, staff supports the Page 1 of 4 library's assertion that no new employees will be generated; however, staff does believe that this claim can be confirmed in the future with an employee audit at the request of APCHA. Stafffinds this criterion to be met. Sec. 26.470.050. General requirements. A. Purpose: The intent of growth management is to provide for orderly development and redevelopment of the City while providing mitigation from the impacts said development and redevelopment creates. Different types of development are categorized below, as well as the necessary review process and review standards for the proposed development. A proposal may fall into multiple categories and therefore have multiple processes and standards to adhere to and meet. B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi -year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Finding: There is no specified number of allotments for Essential Public Facilities. The library is requesting approximately 7,200 square feet of new Essential Public Facility space to construct an addition. Staff finds this criterion to be met. 2. The proposed development is consistent with the Aspen Area Community Plan. Staff Finding: The 2000 AACP does not directly discuss the library; however, proposing the expansion of the library at its current location maintains development within the urban growth boundary "to ensure development is contained and sprawl minimized" (Managing Growth, Goal D). Additionally, the expansion of the library "ensures the provision of public facilities and services to sustain arts, culture and education in the community" (Arts, Culture and Education, Goal E). The Civic Master Plan (2006) does directly discuss the library and "The�CMPAG supports an expansion of the Pitkin County library to the east, and recommended that "the design of the building be coordinated with other built edges around Galena Plaza, to the extent possible. " As noted in the application, the expansion is proposed along the existing east fagade and discussions are underway to coordinate the redevelopment of both the library and Galena Plaza. As proposed in the current application, "the CMPAG also recommended that a "meeting room be located on the ground level of the library expansion, to allow for public access to the meeting room at any time, and increase the use and vitality of Galena plaza. " Staff finds this criterion met. Page 2 of 4 3. The development conforms to the requirements and limitations of -the zone district. Staff Finding: There are no specified dimensional requirements for the Library SPA. The existing building is the site specific approval and the new addition will result in 7,198 square feet of new floor area. Staff finds this criterion to be met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. Staff Finding: Stafffinds this criterion to not be applicable. 5. Unless otherwise specified in this Chapter, sixty percent (60 %) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. (Ord. No. 6 — 2010, §2) Staff Finding: Staff finds this criterion to not be applicable, as the project is being reviewed as an Essential Public Facility. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30 %) of the additional free - market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to , Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ( "voluntary units ") may be deed - restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee /Square Footage Conversion. (Ord. No. 6 — 2010, §2) Page 3 of 4 Staff Finding: Staff finds this criterion to not be applicable, as the project is being reviewed as an Essential Public Facility. The Housing Board has requested that it be determined that 2.87 FTEs are generate; however, the Planning Commission determined, based upon the Applicant's representations that no new employees are generated. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. (Ord. No. 14, 2007, §1) Staff Finding: The library is centrally located in the downtown and is easily served by public transit. Stafffinds this criterion to be met. Page 4 of 4 N -S_ w Pitkin County Liblrary.existing and future employees - no change —[typical shift] nonfi- madren. w„r.wp; computer, meth k ( ,y i t I ro;rleaon I it Existing Lower Floor Existing Main Floor nJj 7J Af tlWYens l �7_7 1 Existing Staff Proposed Staff FT PT r FT I PT LOWER FLOOR adoo fidwn Childrens 1 Music Area 2 Technical Services 1 4 1 3 MAIN FLOOR Admin Offices 2 Circulation Workroom 1 teen I Existing Mezzanine Proposed Lower Floor Proposed Main Floor Proposed Mezzanine Childrens 1 3 MEZZANINE Adult Services 2 3 3 2 Young Adult Services 1 Admin Offices 2 Totals FT PT 1 1`r8 Pr8 Full Time Employee El Staff Areas Part Time Employee o Designated Floor Positions (Bads of house employees take turns ,n floor posaions during a typcal shift) SUE SMEDSTAD PO Box 1846 Aspen, Colorado 81612 June 1, 2012 City of Aspen Attention: Jennifer Phelan, Deputy Planning Director 130 Galena Street Aspen, CO 81611 I am writing in support of the Pitkin. County Library Project, SPA Amendment, Ordinance 19 and ask that my letter be included in the documents that are provided to the Mayor and Council in preparation for'the June 11, 2012 Public Hearing. I served on the Civic Master Plan Advisory Group ( "CMPAG ") from its inception through final submission of recommendations to Aspen City Council. I represented the interests of the Aspen Youth Center. The topics discussed . and debated over the many years were numerous, some of which have come to fruition, e.g. Aspen Volunteer Fire Department and Aspen Thrift Shop, and others yet to be initiated. Galena Street Plaza was a, topic frequently revisited by the group based on a consensus that the unrealized potential of that anchor location was so great. We were made. aware that Pitkin County had reserved an easement for Library expansion over the existing parking garage and we were encouraged that such expansion could provide a catalyst for the vitalization of a significantly underutilized and under - appreciated space. I enthusiastically support the request by the Pitkin County Library Board for expansion into the area reserved by easement in 1995 and again note that the CMPAG endorsed this expansion and recognized it as a critical step in realizing the community potential 'and appreciation for Galena Plaza. Respectfully, Sue Smedstad 970.923.3915 Jennifer Phelan From: Dawn Lamping [dawnlamping @msn.com] Sent: Friday, April 27, 2012 8:21 AM To: Jennifer Phelan; Jackie Lothian Subject: Pitkin County Library expansion Dear P & Z Members, I am writing in support of the expansion and improvements to the Pitkin County Library. As a "heavy user" of the library over the 14 years I have lived in Pitkin County, I have always been impressed with the quality of the library and its essential contribution to our community. When I first arrived in Pitkin County I came from an academic professional background at Arizona State University as a fan of the college libraries which I used for personal and professional research, as well as a meeting space for work and nonprofit activities I organized. To my surprise, I found a small town library with the capability of providing me access to professional research journals and an amazingly dedicated research assistance staff eager and happy to help me find some truly obscure items on my lists. Martha and Helen got to know me on a first -name basis! During my time as a member of the community, I have homeschooled two children and founded a homeschool support group locally. We have all been pleased with the library services for our work. As we don't have access to the resources available to public school teachers or students, we rely on our Pitkin County Library for the quality of education we can offer our own children. The library's juvenile and teens librarians have created a very high quality resource for our use. We have been thankful that we have seen the quantity of programming for children and teens expand and have been always happy with the help librarians are willing to give to us to meet our unique needs. We have used thefree library conference room for our classes, which we would not be able to charge our members for. We have not found another suitable free space in the community for this need, and we make use also of the projector, recording device players, and large book collections for our Shakespeare, geometry, history and science classes. Susan and Genevieve have taken the youth programming to new heights and their creativity has brought many more youth into the library and helped them make connections with other kids through mentoring and socially -based learning groups. As a small business owner, I also have relied upon the library for my self -study in taxes, finances, management and marketing for my business. Additionally, progams such as free tax advice are a sound addition to our community and provide help for shoestring operations which we would not be able to afford otherwise. I have attended the planning sessions sponsored by the library and am especially interested in seeing more meeting spaces (I now work as a private tutor, and we tutors overwhelm the rooms after school!). As a parent and childhood learning advocate, the suggested improvements to youth spaces will bring vitality and creativity to the library. If a child learns to love the library and books at an early age, most of the battle is won! I also strongly support the expansion of digital collections and the addition of virtual texts and databases. These allow everyone access to learning throughout the lifetime and allow equal opportunity for all sectors of society to improve their own lives and create prosperity and vision. Additions to free services for cottage and small business will provide a boost to our town and the ability for our residents to improve, create, and prosper in uncertain times. This is a strange time for our country economically, and not all the suggestions might be financially feasible. Understanding that, I wish to state that our library is an engine of growth for individuals and for business. The most essential improvements are to keep up with technological advances and to provide more working spaces in a town where there is very little to be had for nonprofit groups, small businesses, or service providers to do the work that keeps us Competitive and strong. Children's and teens spaces also will benefit our community, as will continued support for the great staff members who come up with creative programming to hook the kids into learning and education. We have a real blessing and gift in our library, and I stand in support of the library expansion for the future of our community, our economy and our children. I urge the P & Z to also support the library expansion for the common good of the community. It is one of our most essential community treasures, which will continue to give back to us. Sincerely, Dawn Lamping Planning Commission City of Aspen Aspen, CO 81611 Deborah P. Overeynder P.O. Box 8541 Aspen, CO 81612 April 2, 2012 Re: Pitkin County Library Proposed Addition Dear Planning Commission Members; I would like to provide comments on the proposed addition to the Pitkin County Library. I have spoken to Kathy Chandler, Library Director, and she is already aware of my.concerns about the proposed addition. I support a proposed addition to the library, however, I would like the addition to maintain the architectural style of the existing library. The style of the existing library compliments the County Courthouse which is the main focus of the plaza area. The proposed modernistic style of an addition detracts from the historic nature of the Courthouse. Kathy Chandler explained to me that the plaza would not support the use of bricks without the necessity of adding pillars in the parking garage. I would then like to suggest that faux bricks be used, which I understand can be made to match the existing bricks, with a lot less weight. The proposed modernistic addition seems very representative of what all architects are building nowadays, whereas the existing library architecture has a timeless appeal. In twenty years, or thereabouts, if the proposed modernistic style is built, people will say it looks dated and will want the exterior updated. I recommend we build an addition that matches the existing library architectural style so it isn't necessary to go through future exterior reconstruction. Thank you for your consideration. Sincerely yours, Deborah P. Overeynder F---,I.. NIAR 2! 8 2012 3/21/2012 Lillian Burrows and Coen Needell Aspen High School 235 High School Road Aspen CO, 81611 Dear Members of the P and Z, The Pitkin County Library is a fantastic place, but it isn't given the credit it deserves among teenagers. So, 1 that's why we young adult library patrons believe the library should get an expansion to create a more desirable space for the children and teens of Aspen. The expansion plan for the young adult section would create a positive environment for teenagers to attend. Giving us our own space would cut down the noise disruption that occurs when we teenagers engage in an argument or stimulating conversation. Plus study and tutoring spaces allows students a safe area to work on their academic studies and let them achieve success in school. An expansion for the children's library with an interactive learning center that engaged the kids would give them a reason to come back. Showing kids that the library is a constructive space.at a young age would set them up to continue attending throughout their school years here in Aspen. Each time someone has a good experience at the library it would entice them to return. Continuously visiting the library would open them up to a different perception of the building. We're lucky enough to have an amazing program here, and attracting more people (especially at a young age) would open this program up for the recognition it truly deserves. This library can give young adults the opportunity to read, learn and grow with some fun along the way! And that sets theirs up for success later on in their life. Sincerely, Lillian Burrows and Coen Needell Aspen High hool 44// ` .A r� 0 Dear Members of the P&Z, MA 2 2012 H r(0 /E1.0P&1D Wednesday, March 21, 2012 The library is the most important aspect of the community for me; there is an immense amount of services and programs that are utilized by the teens. The expansion of the teen's section is very important to me because it is essential for the teens to have their own space to study, function and socialize. If the teen's space was larger, and able to accommodate more users, the library could become a very trendy spot for the youth of the community. The teen section of the Pitkin County library is where I spend most of my time. A lot of the time I am inviting my friends, but none of them want to come because they enjoy having conversations in a vocal volume above a murmur. I'm a peer tutor at our school, and it would be marvelous to have an area here at the library to bring my peers and help them with their work and study for tests with a little more solitude than that of the desks in the current facilities. Also having a larger designated area in the library for the teens could help keep teens off the streets and give theirs something to do, which could reduce the number of teens who do drugs and commit crimes in the community. The new teen section would give the young adult outreach and programs more isolated vicinity to conduct our weekly programs. The expansion would also give the library more room to expand the young adult fiction and non - fiction book collections. The expansion of the library is a very important advantage that the community could significantly benefit from. Please take this letter into consideration while pondering the expansion of the Pitkin County Library. Sincerely, . Anna Steinberg, Age 15 EN March 21, 2012 r Dear Members of the P& Z, ii.Z� GS4P'SJCfjy %ii- 5.q' MAR 2 8 2012 Ci ry %F d�►;����►,� in U,V1rT DEVE rIVE d' I feel the expansion of the library would benefit the community, particularly the high school students. Teens these days love to read, and enjoy experiencing I ew programs. Advantages include: small areas for tutoring space, study areas, upgrade to computer programs, and. provide greater connectivity to the Galena Plaza, allowing us take better advantage of the beautiful outdoor space. This will compel more teens to go to the public library. Small areas and study spaces will help teenagers to achieve high - quality grades that colleges will favor. Also, this will benefit the students in a variety of ways. With more space comes more opportunities to learn in addition to recreation and interacting with the community. Expanding the library would make me pleased as a strong member because I spend most of my valued time here. When I come to the library I feel like I can connect with friends, accomplish school related goals, and enjoy fun events. Making the library bigger would give space for teens to meet with friends in a. safe and healthy environment. So in conclusion, expanding the library would be extremely beneficial to all areas needed. Sincerely, Rosie Rushing, Age 13 Parke -- Samuelson, Age 14 r� L r� V :7 Kathv Chandler mwebbonweb @aol.com VU Ph 't Tuesday, March 06, 20122:07 PM :..., To: Kathy Chandler — + - Subject: Addition to Pitkin County Library MAR 2 $ 2012 C17-Y 0 - E To the City of Aspen: V0111 11LIN'j � L OPfa j`k` As a second home owner in Aspen and frequent library user of the Pitkin County Library, I am writing this letter to support and advocate for the addition to the library which could be constructed in 2013 in conjunction with the roof repair of the garage next to the library. It is my understanding that almost half of the money needed for the library construction is available and that the balance needed would be raised by an increase in the mill levy: adding approximately $12. per $1,000,000 to our property taxes. It is my opinion that the value of the. new construction is well worth the small increase in our property taxes. I first came to Aspen in the summer of 1964 with my family. We came every summer thereafter for about six years. After the early 1970s, I did not return to.Aspen for. over thirty years. What brought me back to Aspen as an adult with my own family? Why didn't I buy a home in Steamboat, Telluride or Jackson Hole instead? Believe me, I looked around a lot. Aspen, as I remembered it in the early 1970s was a drug - clogged, celebrity- obsessed town with an "attitude" about non- permanent residents. And yet ... it was a fabulous town with the Music Festival and the Aspen Institute. Aspen differentiated itself through its character and culture. I took a chance and bought a litle home. Now my family (and house guests) love Aspen... again. In particular, it has become a friendly-town with easy access to its cultural amenities. The Jilarary is a case in point. When I expressed an interest in becoming a member of the library after attending a book discussion one evening, librarian Kathy Chandler immediately took me upstairs, got me a library card, and I took two books out that evening. I go to the library every time I am in town. If I don't finish a book by the end of my stay, the library has no trouble about my returning the book by mail. I love the library. It adds to the cultural value of Aspen. It is important to both the permanent and non- permanent residents of Aspen. I urge you to consider allowing this addition to be constructed in conjunction with the garage repair because it is both physically and financially logical. A community center that has its own access, not reliant on library hours, would be more heavily used. A children's library that does not have adults using it as a hallway would be safer and quieter for children. Bookshelves that are lower and further apart are safer and more easily accessible. Finally, the proposed glass addition would bring Aspen's gorgeous natural landscape in ... creating an aesthetically - pleasing addition to the library. The time to do it is now ... after so much planning has been invested in it. Last summer, I went to Cody, Wyoming's recreation center and new library and thought, "I could move here for just these two civic amenities. Its rec center and library said something about how the community saw itself. They reflected the community's self- respect for mind and body. Twenty years have past since the initial building of the Pitkin County Library and, frankly, it's a bit dated (compared to Cody!). Our library in Aspen needs to be expanded and updated. This is something Aspen needs, not just something the town wants. 0pectfully and sincerely, Marshall B. Webb 820 East Hyman Avenue Jennifer Phelan From: ANGEL NAIVALU [angelinparadise17 @yahoo.com] Sent: Thursday, March 22, 2012 11:55 AM To: Jennifer Phelan; Jackie Lothian Cc: Susan Keenan Subject: Letter of Support for Library Expansion Dear Members of the P & Z, I am writing in support of the proposed library expansion for the Pitkin County Library. I felt it necessary to let you know that I am most excited about the Children's Room expansion and'public meeting rooms. I have 4 boys (and a 5th on the way), and we spend, on average, 2 hours every week at the current Children's Library. Having lived in various places, we noted right away the quality and caliber of the Children's library at the Pitkin County Library when we moved here 4 years ago. Some of the key elements of this particular Children's Library are: ...The quality of the books. They are obviously hand- chosen for quality. All children's books are NOT created equal. Yet at this library, we have a great supply of classics, classic themes, biographies, history, geography, math, literature, art, ...every subject imaginable, and they range in levels that captivate the mind of the toddler through older children and the "tweens," levels. This has allowed our family to spur.a real love of learning arnong our boys because they are never bored at the library! (These are BOYS! And they ask me, ".Can we go to the library today ? ") My boys have an outstanding knowledge base and people often comment, "How do these boys know so-much ?" And my response is, "We spend a lot of time at the Pitkin Co. Library! 2. The children's programs are so fantastic! From the summer music and stories, to story art, weekly story times, special events, the summer reading program ..... everything the librarians prepare contributes to a real love of books and learning. It is a pleasure when you ask your child, "Who are some of your favorite people ?" And they respond with the names of the librarians! 3. Some other libraries look more like. a YMCA than a library. We VALUE that this library has maintained a "classic," library environment, while including modern technology. The focus has remained on books, learning, literature, etc., and not just provide entertainment or a place to hang out. That is extremely important for this young generation, to have a place to go that is really anchored in knowledge, great writing, classics, and the works of great authors and historians throughout history. Thank you for your time. Sincerely, 1 • ® March 21, 2011 Planning and Zoning Commission City of Aspen To the members of the P and Z: I am writing in support of the Library's expansion plans. I was a member/of one of the Library's outreach groups last year and shown pictures of other libraries' creative solutions to the changing modern world. There were libraries for children with nooks and crannies for them to relax with a book. Children were sitting or sprawling on the floor or on the stairs or reading in special spaces under the stairs. This is a far cry from the uncomfortable tables and chairs in the library when I was a child. Because the neighborhood library was a safe place, I would go there after school and wait for my mother to come home from work. I spent many afternoons lost in other worlds. The library was a wonderful place. I hope that the expansion of this library will make a child's experience even more special. One of the first things I did when I arrived in Aspen during the 70's was to apply for a library card. l remember how surprised I was that I had to shell out $10.00 for the card. I remember arguing that the Aspen library shouldn't charge because it was so much smaller than the free Seattle library I used. Then the library expanded. When I first saw the new library I thought that it would be a long time before it would fill up. I was wrong. Due to the changing nature of media, the library has to constantly improve to keep up. I am a' frequent user of the library. I love the fact that I can download books at home or use the databases for research. I also enjoy spending my lunch hour at the library. I am really looking forward to having an outside hot spot where I can sit in the sun and be online. I was a proponent for putting an outside reading room on the roof in order to take advantage of the view but you can't have everything. I visit libraries in other cities. I love the Durango Library's outside deck on the river. I loved Boston's art work. Tourists are using our library now. I think an outside reading room in our beautiful town would enhance a visitor's experience. Please vote for the expansion. Sincerely, Susan Atwood . Card # 4130001383643 L In Support of the Library's Land Use Application Dear Members of the Planning and Zoning Office, I wanted to express my support for the Public Library's planned expansion. Having grown up and attending public school in Pitkin County, I can firmly state that the Pitkin County Public Library played an integral role in my development into a literate, curious, and conscientious adult. I cultivated a love for reading in the children's library, where the youth programs aided and inspired my imagination and drive to take control of my own l education. Though I don't find a gold star next to my name every time I finish a book anymore, I feel it in my spirit! The music and video library was an essential part of my teenage years. It was there that I discovered music and was inspired by the likes of Bob Dylan, Leonard Cohen, Classical. music, world music, and Jazz. The ever - expanding collection of essential cinema in the library directly led me to my current profession as a filmmaker and cinematographer. ' I could think of many other ways in which this library has shaped who I am today, but what matters most is that a public library is the central hub of any community, and the new expansion plans will only make the institution and therefore our community even stronger and more connected. The plans to expand the children's library and interior meeting spaces will provide a space especially for youth quite like who I was, to dive deeper into their own inspiration, to have a place to study, to create clubs, and have film screenings, etc. We have a'gem' of a library, top ranked nationally in fact, why not make it even better? This expansion is a no brainer. Invest in our community. Sincerely, Ian Soroka • • 27' -7" Perspective View with Galena Plaza Proposed Improvements Diagrammatic Site Plan Q Story Pole Locations ❑ Building Corners Building Periphery PITKIq (omy library n-p:r• 11 -11 ow—W-111, SE 'G 1 ', S PITKfN COUNTY LIBRARY RENOVATIONI ADDITION HUM PNRIES POLI BUILDING SECTIONS srn aawr m�z NOT FOR CONSTRUCTION A-401 MEMORANDUM TO: Mayor and Aspen City Council FROM: Sara Adams, Senior Planner THRU: Chris Bendon, Community Development Director jmlv� RE: 720 East Hyman Avenue, the Aspen Athletic Club (Block 104, Lots Q, R, and S) — First Reading of Ordinance #17, Series of 2012 - AspenModern. negotiation for Landmark Designation and benefits, Subdivision, Growth Management for the creation of a free market residential unit and for the development of affordable housing. Second Reading is scheduled on June 11, 2012 MEETING DATE: June 11, 2012 REQUEST OF COUNCIL: City Council is asked to continue the public hearing to July 9,2012. The applicant requests more time to study the egress from the rooftop deck in order to meet Building Code requirements and minimize the footprint and height as requested by the Historic Preservation Commission. First reading of Ordinance #17, Series of 2012 for an AspenModern negotiation for 720 E. Hyman Avenue, in addition to reviewing Growth Management for the creation of a new free market residential unit and Subdivision was approved on May 29, 2012 by a vote of5 -0. RECOMMENDED.MOTION: "I move to continue the public hearing for Ordinance #17, Series of 2012, the AspenModern negotiation for 720 East Hyman Avenue, to July 9, 2012." 720 East Hyman Avenue AspenModern Negotiation — Second Reading June 11, 2012 Page 1 of 1