HomeMy WebLinkAboutresolution.council.112-12 RESOLUTION # 112
(Series of 2012)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND FEHR & PEERS 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,
between the City of Aspen and, 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, between the City of Aspen and 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 3rd day of December 2011.
Michael VIreland, ayor
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 December 3, 2012
thryn . Koch, City Clerk
PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST
Instructions: This form should be completed at each step of the procurement process and should follow each request for review
or approval. Contracts under $5,000 require only Department Head approval. Contracts over $5,000 require City Manager
approval. They do not require competitive bids but require documentation of source selection process. Contracts over$10,000
require City Attorney and City Manager approval. Competitive bidding process is required. Contracts over$25,000 require City
Council approval.
ALL CONTRACTS
Procurement Description:: Mitigating the Transportation Impacts of Development Project#: 2012-119
Budget estimate: $ 5o ooc) Capital Director's Review
Is proposed expenditure approved in the Department's budget? Yes No
Explain process for vendor selection: Request for Proposals
X Dept.Head approval of proposal:
dor-
City Manager Approval if Sol ource City Attorney Approval if Sole Source
City Manager Approval for Emergency Procurement
City Attorney Approval for Emergency Procurement
CONTRACTS OVER S5.000 AND UNDER$10,000
Competitive Quotes: $
(Attach Quotes)
$
ContractorNendor Selected:
Dept.Head approval: City Manager Approval:
City Attorney Review:
Original signed contract documents to City Clerk,Department and to Vendor/Contractor
CONTRACTS OVER$10.000
9-12-12 RFP or ITB Completed: R Hodgson&L.Rumbautd't Eng.Dept.Review if Applicable:
Z r L RFP or rM Reviewed by City Attorney: —
I°Advertisement /-�L- 2nd Advertisement
�lCJe�iH r` (Attach Advertisement)
Bid n
ContractorNendor Selected: J-�V- /I r s PZ- d s
Dept.Head approval:
/- 3-/ Award letter sent: X 4.,.-
-�21 113 signed contracts returned by vendor/contractor i
/U✓}. Performance and Payment Bonds received
/-i)I- Certificate of insurance received JZ 1�
Finance Department Review:
CONTRACTS OVER$25.000
&--C( if over$25,000,prepare a cover memo and resolution for City Council Approval
Finance Review: City Attorney Review
Date City Council Approves Notice to Proceed
The City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009
PROFESSIONAL SERVICES
City of Aspen Project No.:2012-119.
AGREEMENT made as of 26'h day of November,in the year 2012.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Transportation
130 South Galena Street Total: $99,881.00
Aspen,Colorado 81611
Phone:(970)920-5055
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$25,000.00 it shall not be deemed valid
Fehr&Peers until it has been approved by the City
Council of the City of Aspen.
c/o Anne Bowers,P.E.
621 17th Street,#2301 City Council Approval:
Denver,CO 80293
Phone:(303)296-4300 Date:November 26,2012
Resolution No.:
For the Following Project:
Mitigating the Transportation Impacts of Development
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 May 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 perfonmed,City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall
not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review
the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting,if authorized,shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts,errors,omissions or neglect of any subcontractors'officers,agents and employees,each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to-the other party, specifying the effective date of the -
tennination. No fees shall be earned after the effective date of the tennination. 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 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, mage is caused in whole or in part by, or is claimed to be caused in whole or in part by,
the li ent act, omission, error, professional error, mistake, flegli-genee, or other striketn
fault of the Formatted: rough
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
efense costs incurred by the City in connection with, any such liability, claims, or demands
tributable to Professional's negli eg nce. If it is detenmined 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 Liabilitv 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 Liabilitv 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 Liabilitv 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) With the exception of Workers' Compensation and Professional liab jjj!y. ate policy __.- Formatted:Strikethrough
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 Auainst 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.
W Pl��L� PROFESSIONAL:/ '- (---
[Signature //�� [Signature]
By:�� .�� t .. By: Awl 7- RD W eiye—S
, [Name] [Name] " ����
Title: Title: /�rC / SvCl✓}?G
Date: -2— f Date: / ZU 20J
Approved as to form:
y Attorney's Office
Agreement Professional Services Page 9
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Scope of Work
Phase One—Tasks 1 through 3
Task 1: Review of current procedure
Our team will work with the City of Aspen staff to ensure that we understand the existing
policies and procedures.This task could include discussions with the four departments on
their current procedures as well as review of existing documents related to the development
process. In our discussions with the staff,we will also ask for their definition of a successful
proj ect.
Meetings
This task will include one in-person kick-off meeting with representatives of the four
departments in which we will discuss project goals,review the schedule,discuss measures
of success,determine specific sites for trip generation surveys,and review existing
documents.
Task 2:Aspen-specific traffic study parameters
Task 2a: Review Available Traffic Impact Study Guidelines from other
Jurisdictions
Fehr&Peers has prepared Traffic Impact Study(TIS)guidelines for a wide variety of
communities that include multimodal analysis requirements.We will build on our knowledge in
a collaborative process with City of Aspen staff to collect,organize,and review additional TIS
guidelines from up to five other analogous jurisdictions.We will select one set of guidelines to
serve as a starting point for the City of Aspen TIS guidelines.The guidelines will be tailored to
the City of Aspen recognizing its unique characteristics,including but not limited to seasonal
peaking,resort community environment,and mountainous topography. Further,we will evaluate
the multi-modal analysis approaches used by others for potential application in the City of
Aspen. Fehr&Peers has already identified 15 multi-modal analysis methods that are part of our
MMLOS Toolkit. For each of these methods,the toolkit contains summaries of the method and
its key advantages and disadvantages in application.
Task 2b: Develop Draft TIS Guidelines
Fehr&Peers will prepare Draft TIS Guidelines for the City of Aspen that include the following
elements:
• Triggers for a TIS
• Scope of TIS including definition of study area
• Data collection including seasonal issues related to peak tourist times
• Multimodal Analysis methodology
Agreement Professional Services Page 1 1
Travel demand forecasting methodology
• Impact assessment methodology including significance criteria and thresholds
• Mitigation Options
• On-site circulation review
• TIS report format outline
Deliverables
A PDF of the draft TIS Guidelines will be submitted electronically to the City for review and
comment. Fehr&Peers will complete the final TIS Guidelines,incorporating comments from
the review.
Meetings
We will hold up to two conference call meetings with City staff.The first meeting is
anticipated to review potential multi-modal analysis methodologies and significance criteria
and thresholds and to confirm the recommended practice for travel demand forecasting and
impact assessment.The second meeting will be used to discuss City comments on the draft
TIS guidelines.
Task 3: Aspen-specific trip generation model
Based on our experience working in resort communities and our research and development of
the MXD trip generation tool,we propose the following tasks in the development of an Aspen-
specific trip generation tool.
Data Collection and Model Development
Fehr&Peers will perform up to two trip generation surveys for each of the three most
common land uses in Aspen(up to six total trip generation surveys)—this may include
commercial retail,multi-family residential,general office,etc.
The trip generation surveys will include:
Collecting 48-hour cordon traffic counts using automated counters.The survey sites will
be limited to up to four(4)cordon count locations.The survey sites for each land use type
will be determined based on direction from the City of Aspen staff and the ease of data
collection.
• In addition to the traffic counts the following data will also be gathered for the sites:
• Land Area(in acres)
• Number of Intersections
• Proximity of transit
• Number of dwelling units
• Retail,office,and industrial square feet(separated as specifically as possible or
we can use employment)
Local and regional employment
• Average vehicles owned per dwelling unit
• Average household size
• Jobs per thousand square feet
Agreement Professional Services Page 12
The collected data will be processed to determine the resulting trip generation from each of
the land use types and sites. Using the data(land use type,square feet,number of units,etc.)
from each of the survey sites,we will also perform trip generation using the conventional trip
generation method of utilizing the Institute of Transportation Engineers(ITE)Trip Generation
Manual.The results of the trip generation surveys(actual counts)and the ITE trip generation
will be compared to verify if using ITE trip generation rates for the City of Aspen is the most
accurate or whether new"resort community"rates should be used based on the actual survey
counts. If the ITE rates are not accurate,Fehr&Peers will develop a spreadsheet based trip
generation model using the Aspen-specific trip generation rates and directional splits for the
three previously discussed most common land uses.
Fehr&Peers will also assist the City of Aspen in formulating a trip generation standard that
requires new developments to perform repeated(schedule and frequency to be determined)
traffic counts(trip generation surveys)at their site to verify their respective trip generation.
This standard will help increase the inventory of Aspen-specific trip generation rates for the
common land uses as well as the less common and the previously formulated Aspen-specific
trip generation rates can continually be calibrated as each development occurs.
Deliverables:
A PDF of our findings will be submitted electronically to the City of Aspen in a draft
memorandum for review and comment. Fehr & Peers will complete the final
memorandum and trip generation model,incorporating comments from the review.
Meetings:
Fehr&Peers will conduct two conference call meetings with City staff for this task to
discuss progress updates.
Phase Two—Tasks 4 through 5
Task 4: Final mitigation scoring tool—TDM
Task 4a: Research&Visioning
This task will establish a baseline of programs,policies,and practices regarding existing TDM
in the City of Aspen through document reviews and up to three interviews.One visioning
exercise with the City will identify goals of a comprehensive TDM strategy to shape the
remaining tasks in this solution.
Deliverables:Existing conditions report(draft and final)
Task 4b: Identification of TDM Measures and Benefits
We will work with the City to identify up to 30 previously-researched TDM strategies that
should be included in an Aspen-based model and,if needed,include up to 5 additional Aspen-
specific best practices. Each strategy will have quantifiable reduction levels and a range of
Agreement Professional Services Page 13
reductions.A series of fact sheets for each strategy(summarizing the literature)and a
methodology for quantifying strategies individually or in groups will be created.
Deliverables:Tech memo outlining TDM strategies and benefits(draft and final)
Task 4c: Creation of Trip Adjustments
Specific trip adjustments for developments that are required to implement trip reduction
strategies will be established.This will allow Aspen to avoid case-by-case negotiations.
Deliverables:Tech memo of trip adjustments(draft and final)
Task 4d:Trip Generation Impacts
Fehr&Peers has a created an Excel-based tool that quantifies TDM effects and can address
TDM questions for an individual development site up to a neighborhood level.This task will
build upon this already-created tool to create an Aspen-specific Excel-based tool for each new
development based on development type,trip generation,project location,surrounding
mixture of land uses,and proposed strategies to reduce single-occupancy vehicles.The
scoring tool will then suggest potential mitigation strategies and report ballpark costs,ease of
implementation,and trip reduction potential (using available empirical evidence)based on
state of the practice research conducted by Fehr&Peers. Results of this tool will indicate the
extent to which the development will need to implement TDM tools to mitigate impacts.
Deliverable:Excel-based TDM toolkit
Optional Task 4e: Monitoring Plan
This is an optional task in which Fehr& Peers would create a monitoring plan for the City of
Aspen to ensure developments are appropriately implementing TDM strategies and to monitor
if these strategies are having the anticipated effect in mitigating single-occupancy vehicles.
Deliverables:Monitoring Plan(draft and final)
Task 5—Multi Modal Quality of Service and Vehicle Level of
Service
We will work with the Aspen staff and the project team to develop Multi-Modal LOS
standards and Aspen specific toolkits through the following tasks.
Task 5a: Review Existing MMLOS conditions
Fehr&Peers will conduct a review of existing multimodal methodologies and criteria.This
review will include measures that consider multiple modes separately as well as measures that
address overall effectiveness. In addition,the review will include a careful examination of
multimodal analysis in the 2010 Highway Capacity Manual,as well as other relevant
examples.This task item will also summarize how LOS analysis for pedestrian,bicycle,and
transit networks could be used in combination vehicular LOS.
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Deliverable:Technical memorandum–multimodal LOS state of the practice
Task 5b: Meeting
Fehr&Peers will conduct a conference call meeting with City of Aspen representatives.At
this meeting,Fehr&Peers' review of existing performance measures will be presented and
objectives for the study will be discussed.This meeting will address the question of whether
there are existing methods and criteria that fully meet the desired goals of the City in updating
their transportation performance measures.
Deliverable:One conference call meeting
Task 5c: MM LOS Implementation Strategy
If existing local or national methods and criteria are selected,Fehr&Peers will outline steps
to adapt these tools for use by Aspen. If variations on existing metrics and methods are
preferred, Fehr&Peers will discuss potential variations.
This task would document a performance measures implementation strategy for use in
combination with existing and proposed policies and standards.
Deliverable:Action plan documenting steps necessary to adopt performance measures for
applying multimodal LOS in the City of Aspen
Task 5d: Performance Measures and Mitigation Options
Fehr&Peers will present a set of proposed performance measures and MM LOS mitigation
options adapted for use in Aspen to the City of Aspen representatives.
Deliverable:Technical memorandum–set of proposed measures and mitigation options
Task 5e: Draft Memorandum
Fehr&Peers will summarize the previous tasks—including research,methods and criteria—
in a draft memo that will be submitted to the project team for review and comment.
1.This memo will also address the integration of new multimodal performance standards into
the traffic impact assessment process.This discussion will consider the means by which
developers might contribute to improving the transportation system on a project-by-project
basis in response to the newly recommended performance standards.
2.This memo will also note the broader ramifications of multimodal performance standards in
conjunction with the City's planning and development review processes. We will describe the
implications in a number of different areas,which may include the following:
• Impact fees.What is the potential impact on the magnitude and nature of fees,
focusing on both existing fees and new fees?
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Timing and cost of proposed analysis options.What are the likely changes to the cost
and schedule associated with proposed MMLOS changes,including both community
plan efforts and the entitlement process?Will the changes increase the schedule to
process project reviews and change the associated costs?
Coverage of these topics will be introductory rather than exhaustive.
Deliverable: Draft technical memorandum
Task 5f:City Council Meeting
The project team will have made comments on the draft memorandum and submitted them to
Fehr&Peers in advance of a team meeting. Fehr&Peers team members will meet with city
staff to review comments received. Fehr&Peers will present the draft recommendations at
one City Council meeting.
Deliverable:One meeting with city staff and one City Council meeting
Task 5g: Final Memorandum and Tools
Fehr&Peers will finalize the draft memorandum based on received comments from city staff
and City Council.The memo will serve as the basis for Aspen to update their guidelines for
transportation analysis. The Aspen specific trip generation tool,the TDM tool,and the
MMLOS Scoring Tool will also be submitted to the City.
Deliverable:Technical memorandum,trip generation tool,TDM tool, and MMLOS scoring
tool.
Estimated Completion Timeline
Task I -kick off&review of current procedures: November,early December
Task 2-Aspen specific traffic study parameters: December,early January
Task 3-Aspen specific trip generation model: December/January
Task 4-Final TDM mitigation scoring tool: January
Task 5- MMLOS:January
Present draft for staff review: February/March
City Council Presentation: March/April
Final deliverables: May
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EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
Cost Proposal for the City of Aspen
Proposal for Mitigating the Transportation Impacts of Development
Fehr&Peers
Pmpct I Task E Cencalt
Principal Expert Manager Manager Planner Admin. Total Hours TOTAL COST BY
Task Description $200 $285 $175 $130 $110 $90 b Task TASK
Phase One-Tasks 1 through 3
1 lReview of Currenrt Procedures
lal Review Existiv Policies 1 11 01 41 41 41 11 14
Itil Interview Coy Staff 1 11 01 41 41 41 11 14
Task 1: $ 3,9100
2 Aspen-Specllk T/S Parameters
2al Review 77S Guidelines from other Junsdidans 11 41 21 141 161 1
2bl Develop Draft 77S Guidelines 1 1 81 41 141 161 11 44
Task 2: $ 12,210
3 lAspen-Speciffic Trip Generation Model
3al Data Collection and Model Devebpment 1 21 161 81 321 401 21 100
Task 3: $ 15,100
Deiverables 2 6 6 21 30 4
Meetings 8 8 12 12 4 44
Phase One Deliverables and Meetings: 17,530
Phase One Subtotal: $ 48,740
Phase One Direct Costs(travel,copies,etc.)I$ 2,437
Phase One Total Estimate:1$ 51,177
Phase Two-Tasks 4 through 5
4 Final M atlon Scrod Too/
4a Research&Validation 2 1 8 2 0 13
4b Identtication of TDM Measures and Berrefts 1 4 4 ]116 0 16 0 45
4c Tri Generation Impacts 1 4 4 40 0 65
4d Monion Plan 0 nal 1 2 4 0 8 0 $3,6500 1
Task 4(Including Optional Task 4d): $ 20,575
5 MMLOS
la Revew Existing Methoddioges 1 01 11 11 1 12 0 18
Sc Performance Measures Implementation Strategy 11 21 21 8 8 2 23
5d Presentation of Perfomrance Measures 1 11 11 11 81 81 21 21
Task 5: $ 8,280
Deiverabes 1 21 61 61 211 301 41 69
Meetings 1 81 81 121 121 41 U1 44
Phase Two Deliverables and Meetings: d46,385
Phase Two Subtotal: S Phase Two Direct Costs(travel,copies,Mc.)Phase Two Total Estimate:Phase One and Two Total Estimate: $
Agreement Professional Services Page 17