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HomeMy WebLinkAboutagenda.council.regular.20230328AGENDA CITY COUNCIL REGULAR MEETING March 28, 2023 5:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Call to Order II.Roll Call III.Scheduled Public Appearances IV.Citizens Comments & Petitions V.Special Orders of the Day VI.Consent Calendar VI.A Resolution #040, Series of 2023 - 2023 Parks Fleet Replacement - Deere and Company ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/88071888070? pwd=ckgxb1FjK2tUekxKMngrMnM3Q3Mwdz09 Passcode: 81611 Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 719 359 4580 (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports (These matters may be adopted together by a single motion) Reso 040 Series 2023 Deere and Company Fleet Memo.docx resolution__40 (2023).doc 1 1 VI.B Resolution #041, Series of 2023 - Temporary Pavement Art Pilot Project VI.C Resolution #042, Series of 2023 - Grants Program: Professional Services Contract with Human Service Innovations, LLC (Capacity Building for HHS Grantees) VI.D Resolution #043, Series of 2023 - Recreation Department Business Plan VI.E Resolution #045, Series of 2023 - Parker, Smith and Feek Benefit Broker Contract VI.F Resolution #046, Series of 2023 - Master Agreement with the Aspen Chamber Resort Association (ACRA) for Destination Marketing, Special Event Production, Visitor Services, and Office Space Leasing VI.G Resolution #047, Series of 2023 - Burlingame Early Childhood Education Center Contract - Change Order 2 VI.H Resolution #048, Series 2023 - Contribution to Aspen Valley Land Trust for COBS Property Conservation VI.I Board and Commission Appointments Reso 040 Series 2023 Contract Deere and Company.pdf 2023.03.23_Temporary Pavement Art Consent Memo_final.pdf 2023.03.20_Reso #041_final.pdf Attachment A_Asphalt Art Safety Study.pdf Memo (HSI Contract).pdf ATTACHMENT A_RESOLUTION NO 42.pdf ATTACHMENT B_HSI CONTRACT.pdf ATTACHMENT C_HSI SOW and Fee Schedule.pdf Recreation_Business_Plan_Memo.docx Resolution__043_Series_2023.doc Professional Services Agreement-2022-351.docx (002).pdf 3.28.23_Memo-_Parker__Smith_and_Feek_Benefit_Broker_Agreement.pdf Attachment B - Resolution #045-23 Parker Smith and Feek Employee Benefit Consulting.pdf City of Aspen Professional Services Agreement-2023-160 - Parker, Smith and Feek.pdf Attachment A - Parker, Smith and Feek Proposed Fee Agreement.pdf Attachment C - City of Aspen Total Compensation Philosophy.pdf ACRA agreement staff memo.docx resolution #46 (2023).doc MasterContract.pdf Council__memo_3.28.23.docx Exhibit A_Resolution No.XXX - Land and Shelter Add Service.doc Change Orders and contract.pdf 048-2023 AVLT COBS Memo.docx Resolution #048-2023_AVLT_COBS_Resolution.doc Exhibit A - COBS Vicinity Map.pdf 2 2 VI.J Draft Minutes for February 14th, 2023 VII.Notice of Call-Up VIII.First Reading of Ordinances IX.Public Hearings X.Action Items X.A Discussion regarding Senate Bill 23-213 XI.Adjournment Board Appointment Memo 032823.docx cc.min.021423.docx Senate Bill 23-213.docx LU Package Summary 3-21-2023 (1).pdf COA-2023PolicyAgenda-12523.pdf 3 3 MEMORANDUM TO:Mayor and City Council FROM:Steve Barr, Parks Operations Manager THROUGH:Matt Kuhn, Parks and Open Space Director MEMO DATE: March 15, 2023 MEETING DATE:March 28, 2023 RE:Parks Fleet – (4) Electric Carts REQUEST OF COUNCIL: The Parks Department is requesting approval of a contract with Deere and Company for the replacement of (4) Electric Utility Carts. SUMMARYAND BACKGROUND: Thereplacement of this equipment is included in the 2023Asset Management Plan. City Council approved the Asset Management Plan in the 2023 Budget. DISCUSSION: The Parks Department utilizes a variety of equipment for our parks, open space and trails maintenance programs. This contract with Deere and Company is a scheduled fleet replacement for each item represented. Parks department electric utility carts are used by staff to transport to park locations and perform tasks within the parks and playing fields that are not accessible via trucks. Their size and economy provide energy savings as well as ability to work closer to tasks at hand. The fleet budget accounts for an eight-year replacement cycle for this equipment. The contract with Deere and Company is based on a cooperative purchase agreement price through Sourcewell. FINANCIAL IMPACTS: The contract with Deere and Company in the amount of $57,650.56 is authorized and accounted for in 2023fleet vehicles replacement budget. This purchase is part of the Parks and Open Space Fund budget (100 Fund) and capital project cost center of 100.572.81200.57520.51571. ENVIRONMENTAL IMPACTS: Maintaining parks and trails provides for green space and alternative transportation opportunities. 4 ALTERNATIVES:Council could direct staff to postpone the replacement contract, or seek alternative vehicles or contracts. RECOMMENDATIONS:Parks Staff recommends approval of the contract with Deere and Company. for the replacement of (4) Electric Utility Carts CITY MANAGER COMMENTS: 5 RESOLUTION #40 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND DEERE & COMPANY 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 four John Deere Gator electric TE work carts, between the City of Aspen and Deere & Company, 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 four (4) Gator TE Utility Carts between the City of Aspen and Deere & Company, 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 28 th day of March 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, March 28, 2023. Nicole Henning, City Clerk 6 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF877 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF878 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF879 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8710 Contract Administrator3-8-2023DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8711 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8712 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8713 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8714 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8715 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8716 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8717 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8718 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8719 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8720 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8721 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8722 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8723 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8724 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8725 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8726 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8727 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8728 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8729 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8730 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8731 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8732 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8733 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8734 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8735 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8736 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8737 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8738 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8739 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8740 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8741 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8742 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8743 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8744 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8745 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8746 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8747 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8748 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8749 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8750 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8751 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8752 DocuSign Envelope ID: 91ECD117-2C77-458B-A497-C20D6317EF8753 MEMORANDUM TO: City of Aspen Mayor and Council FROM: PJ Murray, EIT – Project Manager Sarah Roy - Executive Director Red Brick Center for the Arts Trish Aragon, PE – City Engineer THROUGH: Diane Foster – Assistant City Manager MEMO DATE: March 20, 2023 MEETING DATE: March 28, 2023 RE: City of Aspen Temporary Pavement Art Pilot Project Manual on Uniform Traffic Control Devices (MUTCD) Exemption from Part 3: Markings REQUEST OF COUNCIL: City staff recommends Council approve an exemption from Part 3: Markings in the Manual on Uniform Traffic Control Devices (MUTCD) to allow a temporary pavement art mural to be painted at the intersection of Hyman Ave and Mill St, adjacent to the Wheeler Opera House. Part 3 of the MUTCD outlines standard pavement marking design and application requirements, installing an art mural on the roadway would be a variation from the guidelines provided by the MUTCD. SUMMARY AND BACKGROUND: Through their partnerships with Bloomberg Philanthropies on Bloomberg CityLab, the Aspen Institute Public Programs team (who produce the Aspen Ideas Festival) learned of Bloomberg’s Asphalt Art Initiative. Inspired by the work and impact to pedestrian safety, The Aspen Ideas Festival staff approached the City and proposed such a project in Aspen. Asphalt art projects also referred to as pavement art or street art, are gaining attractiveness across the country and internationally. As a notable advocator and supporter, Bloomberg Philanthropies has assisted such projects through grants to 45 communities during its first two rounds of funding from 2020-2022 and 19 additional projects occurring in 2023. City staff was drawn to the proposal for two reasons, first its innovative approach to improve road safety, and secondly, how the arts were the catalyst for such an important community benefit. The proposed art project offers the City of Aspen two significant benefits. First, Bloomberg Philanthropies has demonstrated that pavement art can improve safety for the most vulnerable users of our streets which aligns with the City’s commitment to increasing safety in the downtown core. According to research by Bloomberg Philanthropies, community-led street design projects that include art elements, such as murals and 54 patterns, can increase safety by visually slowing down traffic and delineates pedestrian areas which encourages drivers to be more attentive and cautious. Bloomberg Philanthropies has demonstrated, through data collection of crash and behavior performance metrics at 17 pavement art sites, that safety improved for pedestrians and cyclists. Their study found a 50% decrease in crashes involving pedestrians at the various sites. The study performed by Bloomberg Philanthropies is attached to this memo as Attachment A. Second, the City, led by Red Brick Center for the Arts staff is working to develop a Public Art Plan. This includes a robust community engagement and education component to welcome all to participate in shaping a public art program in Aspen and learn about what public art is and can be. The proposed pavement art presented itself as a timely opportunity to become a pilot project for how art could be facilitated in our public spaces. There are several points to highlight that make this pilot project an exciting opportunity for the City to support as it relates to public art. The Aspen Ideas Festival was willing to take on the role of funder for this pilot project and is collaborating with City staff to research and consider all the steps and processes necessary to realizing this proposal including, safety consideration, community engagement, public awareness, and education. This pilot project will allow for discussion, feedback, and refinement during the public art conversation. Additionally, Aspen Ideas Festival is supportive in hosting an educational element about public art that will be incorporated into the City’s public art plan development. The specifics for this educational component are not finalized but will be free and open to the community. This project demonstrates our commitment to promoting community engagement, creative expression, and cultural diversity while also enhancing the livability, community welfare and attractiveness of our city. DISCUSSION: The City of Aspen has been asked to approve the installation of a temporary pavement art mural by the Aspen Ideas Festival. The discussion below outlines components of the project for Council’s consideration. MUTCD Exemption The City of Aspen Municipal Code Section 24.04.020 adopts the 2003 edition of the “Model Traffic Code” which is published by the Colorado Department of Transportation, Safety and Traffic Branch. Per the municipal code, the subject matter of the Model Traffic Code “relates primarily to comprehensive traffic control regulations for the City… and is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and nation. The Model Traffic Code states that, under Section 105. Local traffic control devices, “all such traffic control devices shall conform to the state manual and specifications for state-wide uniformity as provided in section 42-4-104, CRS”. Section 42-4-104 of the Colorado Revised Statutes adopts the most recent Manual of Uniform Traffic Control Devices for Streets and Highways. The Manual on Uniform Traffic Control Devises (MUTCD) for Streets and Highways sets minimum standards and provides guidance to ensure uniformity of traffic control devices (TCD) across the nation. The use of TCDs (messages, locations, sizes, shapes, and 55 colors) helps reduce crashes and congestion, improves efficiency. This guidance ensures that TCDs are visible, recognizable, understandable and necessary. Part 3 of the MUTCD provides direction for markings on roadways. Markings on roadways open to the public have important functions in providing guidance and information to the road users which includes drivers, pedestrians and cyclists. The types of markings addressed in this section of the MUTCD include pavement and curb markings, lane delineators, striping colors, colored pavements, channelizing devices, and islands. Since a pavement art mural wouldn’t follow these standard pavement markings, an exemption would be necessary to deviate from the requirements outlined in the MUTCD. These guidelines are primarily concerned with ensuring standardization and safety of traditional street markings, but a pavement art mural is a unique and new use of the roadway. City staff believes a balance can be found that allows for creative expression, while still prioritizing safety for the traveling public. Pavement painting projects have gained popularity in recent years as they allow communities to engage with their infrastructure in a fun and expressive way. Many communities across the country have completed successful projects like this, including Boulder and Fort Collins. While safety considerations must always be a top priority, other communities have been able to balance the needs of the roadway with this creative addition. With the proper safety measures and community engagement, the City of Aspen has the potential to successfully implement a pavement art pilot project at the intersection of Hyman Ave and Mill St, should council grant the exemption to MUTCD standard street paint markings. This project has the potential to enhance the pedestrian experience in the area, while also promoting active transportation and community pride of the public spaces. Safety Criteria and Considerations Staff developed a list of safety criteria that will be provided to the artist to ensure the project site remains safe for all users.  Use of words and symbols not permitted  Directional and instructional elements not permitted  Color scheme does not conflict with standardized traffic striping or delineation (no thick yellow lines unless delineating a traffic lane, etc.)  Design does not include shapes that conflict with standardized safety symbols (i.e. red octagons, yellow triangles, etc.)  Low toxicity and lead-free paint to ensure safety of the artist, volunteers and environment By considering these factors in the design of the pavement art project, the safety and functionality of the intersection can be maintained while also enhancing its visual appeal. Temporary Public Art License Agreement For this project to proceed, staff is creating a license agreement between the Aspen Institute, as the authoritative entity for the Aspen Ideas Festival, and the City of Aspen. 56 This agreement will address liability, maintenance responsibilities, safety criteria, public awareness and outreach, and partnerships with other City departments (Parks, Transportation, Special Events, HPC, etc.). This agreement is new to the City and will be updated and potentially adopted as a new type of license pending the outcome of this pilot project and the City’s Public Art Plan. Temporary Pilot Project Location Selection The proposed pilot project location is the intersection of Hyman Avenue and Mill Street. This location was selected because it is an iconic intersection surrounded by our historic pedestrian malls and the Wheeler Opera House, making it a highly visible and well- traveled area. As pavement art projects are known to improve safety for pedestrians, this intersection is ideal due to its high pedestrian volume and low traffic volumes. Additionally, this area received pedestrian improvements outlined in the Downtown Enhancement and Pedestrian Plan (DEPP), which increased pedestrian space throughout the corridor. The intersection was designed to encourage pedestrian flow from one side of the street to the other, not confined to the crosswalks, making the whole radius a pedestrian area. Vehicular and bicycle traffic will be present on this roadway as it provides one-way vehicle traffic with a counter flow bike lane for cyclists. The design of the mural will take into account the need for safe and clear delineation of the bike lane to ensure the safety of both pedestrians and cyclists. The artwork will also clearly indicate the boundaries of the bike lane and the separation between the vehicular traffic lanes. By selecting this location, the pilot project can showcase the safety benefits of pavement art in a pedestrian-focused area while enhancing the aesthetic value of this historic intersection. Artist Selection & Partnership with the Aspen Institute The Aspen Ideas Festival is the funder and project lead for the temporary pavement art pilot project, with the City partnering to ensure that safety considerations are met, and to provide support with permitting, traffic control, paint selection to limit impacts to the river, project area preparations such as street sweeping and cleaning, and minimizing construction impacts in the area. The Ideas Festival, as the lead, is responsible for choosing the artist and theme, as long as it is relevant to the Aspen community, and for managing the project logistics, including project noticing to neighbors, obtaining volunteers, purchasing paint and other materials, and overseeing the construction of the artwork. By partnering with the City, the Ideas Festival is able to ensure that the project adheres to all relevant regulations and guidelines while also leveraging the City's expertise in areas such as traffic management and construction coordination. This partnership model enables the project to be completed efficiently and effectively, while also ensuring that the final artwork reflects the unique character and spirit of the Aspen community. Data Collection and Analysis Data collection and analysis will play a critical role in evaluating the success of the pavement art pilot project at the intersection of Hyman Ave and Mill St. Two metrics will be measured to assess the impact of the project on both safety and community 57 perceptions. Safety data will be collected and analyzed to evaluate the impact of the project on accident rates, near misses, and pedestrian crossing wait times. By collecting this data before and after the installation of the artwork, the project team will be able to determine whether the pavement art has had a positive impact on safety in the area. In addition to safety metrics, community data will also be collected to evaluate the project's impact on the local community. This may include metrics such as an increase in positive perception of the site and tracking of social media interactions related to the project. These metrics will be tracked as part of the community engagement effort on the development of a Public Art Plan. City of Aspen staff will be responsible for data collection, which will be used to inform future public art projects and to identify opportunities for improvement. By collecting and analyzing data on both safety and community perceptions, the pavement art pilot project can serve as a model for future public art initiatives in Aspen. FINANCIAL IMPACTS: The Aspen Institute is acting as project funder and will fund the artist fee, cost of materials, public outreach and engagement and neighborhood notifications. The City has agreed to support the success of this project by assisting with the permitting process to reserve parking spaces and close the roadway, and preparation of the site which will include street sweeping, pressure washing and sealing the concrete surface. The City will utilize the existing 2023 budget allocated for the Concrete Joint Maintenance Project intended for concrete repairs to seal the concrete intersection prior to installation of the artwork. This sealant ensures a smooth surface for the art but also preserves the integrity of the concrete beyond the life of the pavement art project. This concrete was degrading and requires this maintenance regardless of the pavement art project. Staff is working with regional concrete sealant contractors to obtain a bid for the concrete radius at Hyman Ave and Mill St. Funding equal to $45,000 was appropriated within the 2023 Asset Management Plan Fund budget for a Concrete Joint Maintenance Project (40117). ENVIRONMENTAL IMPACTS: By allowing the temporary pavement art pilot project to be installed in Aspen during the summer 2023 season, there are several positive environmental impacts expected to be seen. One impact is the promotion of walking, rolling, and cycling, which reduces the reliance on single occupancy vehicles and decreases carbon emissions. Additionally, the enhanced pedestrian experience resulting from the pavement art project may encourage more people to walk and bike, thus further reducing the number of cars on the road. These environmental benefits align with the City of Aspen's commitment to sustainability and its efforts to promote active transportation as a means of reducing greenhouse gas emissions. The pavement art pilot project has the potential to serve as a model for other cities looking to enhance their pedestrian and cycling infrastructure while reducing their carbon footprint. 58 ALTERNATIVES: Council does not grant the exemption for non-standard pavement markings to be used in Aspen, therefore the pavement art project will not proceed. RECOMMENDATIONS: Staff recommends Council support this pavement art pilot project by granting an exemption to the MUTCD for standardized pavement markings. CITY MANAGER COMMENTS: Attachment A – Bloomberg Philanthropies Asphalt Art Safety Study 59 RESOLUTION # 041 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A TEMPORARY PUBLIC ART PROJECT AND AUTHORIZING A VARIANCE FROM MUTCD STANDARDIZED PAVEMENT MARKINGS AND RELEASING CIRSA FROM LIABILITY. WHEREAS, the City of Aspen recognizes the importance of public art in enhancing the community and providing unique experiences for residents and visitors alike; WHEREAS, the City Council approved a consultant contract to facilitate community engagement to develop a public art plan for Aspen on March 14, 2023. WHEREAS, the pilot project for a temporary pavement art installation aligns with the goals and objectives of the development of a City of Aspen Public Art Plan. WHEREAS, pavement paint projects have been shown to improve safety by providing visual cues for motorists to slow down and increase awareness of pedestrians and cyclists on the roadway. WHEREAS, the Aspen Institute has expressed interest in funding a temporary pavement art project at the intersection of Hyman Ave and Mill St for Summer 2023, and the City of Aspen is in support of this pilot project. WHEREAS, the City of Aspen has consulted with the Colorado Intergovernmental Risk Sharing Agency (CIRSA) regarding the project and obtained approval, subject to the City Council granting a variance from the MUTCD standardized pavement markings; WHEREAS, the City of Aspen has identified the Aspen Institute as the project lead and sponsor, with the City of Aspen partnering to ensure safety considerations are met and to assist with permitting, traffic control, and project preparations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, 60 That the City Council of the City of Aspen authorizes city staff to collaborate with the Aspen Institute to develop a project plan for the temporary pavement art project at the intersection of Hyman Ave and Mill St in Summer 2023, including ensuring safety considerations are met, assisting with permitting, traffic control, project area preparations, and minimizing construction impacts in the area. That the City Council of the City of Aspen hereby approves the temporary pavement art project at the intersection of Hyman Ave and Mill St in Summer 2023, and grants a variance from the MUTCD standardized pavement markings as necessary to implement the project. That the City Council of the City of Aspen hereby releases CIRSA from any liability associated with the temporary pavement art project at the intersection of Hyman Ave and Mill St in Summer 2023. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the ____ day of _________ 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, ___________2023. Nicole Henning, City Clerk 61 Asphalt Art Safety Study 1 Asphalt Art Safety Study Historical Crash Analysis and Observational Behavior Assessment at Asphalt Art Sites April 2022 62 Bloomberg Philanthropies 2 Prepared for: Bloomberg Philanthropies Prepared By: Sam Schwartz 63 64 Bloomberg Philanthropies Table of Contents4 Executive Summary 6 1. Introduction 8 1.1 Study Goals and Objectives 10 1.2 Literature Review 11 2. Historical Crash Analysis 12 2.1. Background and Scope 12 2.2. Crash Data Sources 12 2.3. Site Selection Criteria 13 2.4. Summary of Study Sites Selected 14 2.5. Improvements at Study Sites 15 2.6. Historical Crash Data Analysis Methodology 16 2.7. Historical Crash Analysis Results 18 2.8. Discussion of Historical Crash Analysis Results 22 3. Behavioral Observational Assessment 26 3.1. Background and Scope 26 3.2. Methodology 26 3.3. Observation Sites and Analysis Periods 31 3.4. Behavioral Assessment Results 38 3.5. Discussion of Behavior Assessment Results 42 4. Conclusion/Next Steps 44 Table of Contents 65 5 | JC on the Move Table of Contents 66 Bloomberg Philanthropies Executive Summary6 Transportation infrastructure is perhaps the most visible aspect of a city’s public realm— the sidewalks and roadways we depend on daily are often as recognizable as the buildings, destinations, and people within it. As cities transform to meet evolving needs of the future, there is an increasing opportunity for streets to not only be safe and efficient, but a unique and inspiring part of the urban experience. Among other strategies to achieve that goal, public art projects coupled with improvements to transportation infrastructure, often known as “asphalt art,” offer many benefits. They can create safer, more desirable streets and public spaces. They are typically inexpensive and quickly implementable, while helping cities test long-term roadway redesigns. And they help local governments engage with residents to reshape their communities. These projects, including intersection murals, crosswalk art, and painted plazas or sidewalk extensions, have existed for years and are growing in popularity in communities across the world. Though asphalt art projects frequently include specific roadway safety improvements, the art itself is often also intended to improve safety by increasing visibility of pedestrian spaces and crosswalks, promoting a more walkable public realm, and encouraging drivers to slow down and be more alert for pedestrians and cyclists, the most vulnerable users of the road. There has been considerable public feedback, anecdotal evidence, and analyses of individual locations indicating that asphalt art can have these traffic-calming benefits and encourage safer behavior. However, despite broad support from people who use and design streets, art within the public roadway network has faced regulatory hurdles in the United States and elsewhere because of concerns about compliance with current design standards and guidance that governs roadway markings. These concerns have persisted in the absence of much rigorous evaluation or published literature on safety performance of asphalt art projects. This study was conducted to address the need for impact analysis by comparing crash rates and real-time behavior of pedestrians and motorists at an array of asphalt art sites before and after the projects were installed. There are two main components to the study: first is a Historical Crash Analysis that compares crash data prior to and after the introduction of asphalt art at 17 diverse study sites with at least two years of data. The second is an Observational Behavior Assessment that compares before and after video footage of motorist and pedestrian behavior at five U.S. locations with asphalt art projects installed in 2021 as part of the Bloomberg Philanthropies’ Asphalt Art Initiative. The analysis found significantly improved safety performance across a variety of measures during periods when asphalt art was installed. Executive Summary 67 Asphalt Art Safety Study 7 Comparing the average of crash rates for before-after analysis periods, results from the Historical Crash Analysis include: »50% decrease in the rate of crashes involving pedestrians or other vulnerable road users »37% decrease in the rate of crashes leading to injuries »17% decrease in the total crash rate Similarly, the Observational Behavior Assessment indicates: »25% decrease in pedestrian crossings involving a conflict with drivers »27% increase in frequency of drivers immediately yielding to pedestrians with the right of way »38% decrease in pedestrians crossing against the walk signal The promising findings from this study will inform ongoing discussions on how to revise U.S. roadway engineering guidance to improve safety for the most vulnerable road users. The study also provides data-driven evidence cities can use to make the case for their own arts-driven transportation projects. The following report details the background, methodology, and results of the Historical Crash Analysis and the Behavioral Observation Assessment. 68 Bloomberg Philanthropies 1. Introduction8 1. Introduction There is arguably no more important goal for the transportation profession than ensuring safe travel for everyone on the road, especially pedestrians, cyclists, and other vulnerable road users. In recent years, though, this goal has proven elusive. According to the National Highway Traffic Safety Administration (NHTSA), in 2020, a total of 38,824 people died in motor vehicle crashes in the U.S., the most since 2007 and an increase of 6.8% over 2019.1 Considering an 11% reduction in vehicle miles traveled (VMT) in 2020 during the pandemic, the fatality rate adjusted for miles traveled increased by 21% and the adjusted pedestrian fatality rate increased by an unprecedented 21%. Clearly, innovative, proven street design tactics need to be more broadly embraced in order to improve safety and mobility on our roadways. Cities across the globe have been installing asphalt art treatments at intersections and pedestrian crossings for some time now with a goal of improving safety and the quality of life for all roadway users. Such projects have been used in a variety of applications, including within the crosswalk, within the center of an intersection, or in place of or in addition to traditional roadway features such as islands or curb extensions. The art is intended to create a highly visible crossing and suggest a walkable, active, shared use environment. Additionally, art in the crosswalk or at curb extensions makes the pedestrian crossing location more conspicuous to drivers. However, some in the transportation community find that such projects on portions of roads open to motor vehicles are typically not compliant with official interpretations of the 2009 version of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD), which provides standards and guidance for markings on public roadways in the United States. This interpretation of the standard—which pre-dates the availability of modern colored pavement materials—has limited the number 1 National Highway Traffic Safety Administration 2020 Annual Crash Data 69 Asphalt Art Safety Study 9 of communities who can, as a practical matter, use asphalt art in crosswalks and other parts of the street. Recently, such interpretations have been challenged by organizations like the National Association of City Transportation Officials (NACTO) and individual public agencies seeking to improve roadway safety by focusing more on the most vulnerable road users, and less on the rapid movement of motor vehicles on city streets. Both NACTO and the Institute of Traffic Engineers (ITE) have proposed that asphalt art in crosswalks be permitted in the forthcoming revision to the MUTCD; however, the status of asphalt art in the ongoing revisions will likely not be known until 2023. Given this divide between existing policy and the growing movement of practitioners and community residents who see the potential benefit of asphalt art, some local authorities have been willing to approve asphalt art projects while those in other jurisdictions have been more reluctant to do so. The resulting patchwork approach makes approval processes difficult for community organizations seeking to install asphalt art projects and leads to time-consuming, redundant efforts by local engineers seeking to assess such proposals. This study was designed to address this need and provide a quantitative assessment of multiple asphalt art projects to determine their impact on roadway safety. 70 Bloomberg Philanthropies 10 1. Introduction 1.1 Study Goals and Objectives The goal of this study is to assess the effectiveness of asphalt art as a safety improvement through quantification and analysis of crash and behavior performance metrics before and after installation at study sites. There are two independent components to the study: »Historical Crash Analysis – Site characteristics, traffic volumes, and crash data were obtained for 17 asphalt art sites in five states (seven unsignalized intersections, seven signalized intersections and three mid-block crossings). A before-after comparison group study design was used to evaluate the safety effectiveness of the projects. »Observational Behavior Assessment – Performance metrics were developed for pedestrian and driver behavior and recordings were assessed to identify occurrences of the behavior during before and after comparison periods. This methodology was applied to five asphalt art intersection locations (two signalized and three unsignalized). The objective of the study is to quantify the change in the following metrics for before and after comparison periods: »Crash Rates »Total Crashes »Vulnerable user crashes »Fatal and injury crashes »Driver and Pedestrian Behavior Metrics »Pedestrian-Vehicle conflicts with crash potential (near-miss) »Driver yielding/stopping behavior »Compliance with traffic control devices These components were combined because crash rates should not be used as a lone factor in determining the safety effectiveness of roadway treatments, as crashes often have numerous contributing factors. By also assessing quantifiable behavioral metrics such as rate of pedestrian-vehicle conflicts and rates of drivers yielding to pedestrians, the intention is for the study to provide a more holistic measure of the effectiveness of treatments at installation sites. 71 Asphalt Art Safety Study 11 1.2 Literature Review In addition to the analysis itself, a literature review was performed and interviews with transportation officials from over three dozen cities were conducted, inquiring about their experience with asphalt art projects related to safety. Aside from a small number of internal studies generated by municipal staff, the study team found no all-encompassing analysis that created a standardized set of metrics by which to compare safety across different asphalt art improvement types, facility types, settings, and geographic regions, or that considered the long-term safety impacts of asphalt art, further demonstrating the need for the analysis in this document. Findings from the literature review and interviews are summarized in Appendix A. 72 Bloomberg Philanthropies 2. Historical Crash Analysis12 2. Historical Crash Analysis 2.1. Background and Scope To quantify the safety performance of a site, road safety practitioners use metrics called crash modification factors (CMF). CMFs are multiplicative factors used to compute the expected number of crashes after implementing a given countermeasure or roadway modification at a specific site. FHWA has developed a living database called the CMF Clearinghouse, which includes a list of recognized CMFs and provides references to studies from which they were developed. CMFs listed in the CMF Clearinghouse are developed as a product of robust published research studies. CMFs included are rated based on the thoroughness of the associated research study, which is predicated on criteria such as study design, sample size, statistical methodology, statistical significance, etc. While the intent of this historical crash analysis is not to develop a CMF (as it lacks the scale and complexity of FHWA- reviewed research studies), elements of research studies used to develop CMFs were used as a model for this analysis. Similar to FHWA research studies, the goal of this study is to observe and compare long-term crash trends over a range of sites with similar characteristics. In addition to comparing crash quantity/frequency, trends in crash attributes and contributors such as severity, vulnerable user involvement, lighting condition, and crash type were also assessed. 2.2. Crash Data Sources Many states and cities actively maintain open-source crash databases with historical crash data available at differing levels of granularity and comprehensiveness. While in certain states/ jurisdictions, comprehensive data is relatively easy to obtain, others do not allow the public to search for crash data at a single site, only by municipality or neighborhood. Additionally, some public databases only have crash data available for a limited number of years, often excluding the current and most recent complete year (for this study 2020 and 2021) and/or data older than five years. 73 Asphalt Art Safety Study 13 Further, while a range of roadway data (volume, speed, multimodal, user behavior) is also becoming more widely available and easier to obtain, it is usually not granular enough for quantifying performance at a specific site without dedicated, often costly, monitoring programs. This lack of comprehensive crash and road user behavior data ultimately impacted both the study site selection and the methodology itself. A list of crash data sources for each study site including years of data obtained is included in the Appendix B. 2.3. Site Selection Criteria While asphalt art sites are prevalent throughout the country, the study team sought the most rigorous understanding of asphalt art impacts and initially reviewed 150 locations. Of those, 17 sites were selected that met all of the below criteria while offering a diverse array of project types, geographic locations, and neighborhood contexts. »Known installation dates and dates of deterioration/repainting within 3 months (confirmed through NearMap or Google Maps historical imagery) »Facility type is a marked mid-block crossing, stop-controlled intersection, or signalized intersection within (or formerly within) public ROW and open to vehicle traffic (excludes art in driveways, trails, approaches to controlled access highways, private developments, etc.) »State or municipality has publicly available historical crash data through an online resource or open-source data portal »Historical crash data available on a location-based scale (i.e., more than just county-wide or municipal-wide data) »At least 12 months of pre- and post-implementation (“before” and “after”) crash data available (as many states delay crash data for the current and previous year or only keep recent crash records for the last 5 years, many recently implemented asphalt art sites or those implemented longer than 6 years ago did not have 12 months of data) »Robust crash data including (at a minimum) crash date, time of day, severity, vulnerable user involvement, lighting condition, crash type/circumstances 74 Bloomberg Philanthropies 14 2. Historical Crash Analysis 2.4. Summary of Study Sites Selected The 17 sites selected for this study are included in Table 1 below. Sites from five states were included in high-density urban (central business district, downtown, or mixed-use areas), medium/low density urban (mostly residential), and suburban settings. Sites included mid-block crossings, stop-controlled intersections, and signalized intersections. Tables 2–4 below include a disaggregation of the 17 study sites by state, region, setting, and facility type. #City State Location Site Setting Facility Type 1 St Petersburg FL Central Ave & 5th St Urban Core Intersection-Signal Intersection-Signal 2 Miami FL Northeast 98th St & Northeast 2nd Ave Neighborhood Commercial Mid-Block 3 Ft Lauderdale FL Terramar St & Breakers Ave Neighborhood Residential Intersection-Stop Intersection-Stop 4 Ft Lauderdale FL Riomore St & Breakers Ave Neighborhood Residential 5 Pinecrest FL Killian Dr & SW 67th Ave Suburban 6 Pinecrest FL Killian Dr & SW 62nd Ave Suburban Intersection-Stop 7 Atlanta GA Piedmont Ave & 10th St Urban Core Intersection-Signal 8 Decatur GA Ponce de Leon Ave & Fairview Ave Neighborhood Residential Intersection-Stop 9 Decatur GA Ponce de Leon Ave & Clairemont Ave Urban Core Intersection-Signal 10 Decatur GA Ponce de Leon Ave & E Court Square Urban Core Mid-Block 11 Cambridge MA Massachusetts Avenue & Inman Street Urban Core Intersection-Signal 12 Rahway NJ E Cherry St & Irving St Neighborhood Residential Intersection-Stop 13 Maplewood NJ Valley St & Oakview Ave Suburban Intersection-Signal 14 NYC (Brooklyn)NY Hooper St & Division Ave Urban Core Intersection-Stop 15 NYC (Manhattan)NY 7th Ave & Christopher St Urban Core Intersection-Signal 16 Tampa FL N River Blvd & W Louisiana Ave Suburban Intersection-Stop 17 New Brunswick NJ Livingston Ave Urban Core Mid-Block Table 1: Study Site Location Information Table 2: Study Sites by Region Table 3: Study Sites by Setting Table 4: Study Sites by Facility Type Region #% Northeast South TOTAL 6 11 17 35% 65% 100% Urban Core Neighborhood Residential/Commercial Suburban TOTAL 8 5 4 17 47% 29% 24% 100% Setting #% Intersection(Signal Controlled) Intersection(Stop Controlled) Mid-Block TOTAL 7 7 3 17 41% 41% 18% 100% Facility Type #% 75 Asphalt Art Safety Study 15 #City State Crosswalk Art Roadway Art (Center of intersection or intersection approach) Other Improvements/Notes 1 St Petersburg FL ✓ 2 Miami FL ✓ 3 Ft Lauderdale FL ✓✓Sidewalk improvements Sidewalk improvements4Ft Lauderdale FL ✓✓ 5 Pinecrest FL ✓ 6 Pinecrest FL ✓ 7 Atlanta GA ✓Rapid development, nearby bike network expansion, bike & pedestrian volume growth 8 Decatur GA ✓Raised Crosswalks 9 Decatur GA ✓Bollards/sidewalk improvements 10 Decatur GA ✓Raised Crosswalks 11 Cambridge MA ✓ 12 Rahway NJ ✓ 13 Maplewood NJ ✓ 14 NYC (Brooklyn)NY ✓Restricted turning movement 15 NYC (Manhattan)NY ✓ 16 Tampa FL ✓ 17 New Brunswick NJ ✓Art within marked parking spaces #11 5 %65% 8 47%29%COMBINED SITES Table 5: Site Locations by Improvement Type 2.5. Improvements at Study Sites Asphalt art sites included in the study were classified based on type of improvement. Improvements related directly to installation of art include crosswalk art, intersection art serving a functional traffic control/calming purpose and meeting the definition of a traffic control device or traffic calming treatment device (e.g., curb extension, painted chicane, incorporation of traffic control elements), and roadway art serving only as an aesthetic improvement and not meeting the definition of a traffic control device (e.g., within the center of an intersection or along an approach). At some sites, in addition to asphalt art, other roadway/ roadside improvements were implemented at the same time (e.g., raised crosswalks, pedestrian signal improvements, traffic control device modifications). Table 5 provides a matrix of improvements at each study site. Pre- and post-implementation aerial photos and links to locations in Google Maps are provided in Appendix C. 76 Bloomberg Philanthropies 16 2. Historical Crash Analysis 2.6. Historical Crash Data Analysis Methodology Historical crash data was obtained from state and municipal transportation agencies for each of the 17 study sites. As mentioned above, sites were selected based on a set of criteria identified to support a sound analysis methodology. In many jurisdictions, there are limitations on data available through open-source data portals. This required extracting data for thousands of crashes, and then manually parsing data to obtain the desired datasets at individual locations. NearMap, an online resource for regularly updated historical aerial imagery, was used to obtain art installation dates as interviews with each municipality were not conducted. Using this imagery, the last confirmed date of the condition prior to asphalt art implementation, date of art installation, and dates of deterioration/ repainting/removal were obtained. Months between the confirmed prior condition and implementation and months after art had deteriorated beyond recognition were excluded from both analysis periods. At some locations, the exact date(s) of installation are known and were used when available. To account for differences in sites with different analysis periods, crash rates (crashes/year) were used as a metric instead of raw number of crashes. The average pre-implementation/before period for all sites was 48.2 months while the post-implementation/after period averaged 32.9 months. Analysis periods for each site are presented in Table 6 on page 21. The combined pre- and post-implementation analysis periods for the 17 study sites included a total of 390 reported crash records. Crash records were first reviewed and analyzed for all 17 sites combined in the following categories: total reported crashes, crashes involving vulnerable users (e.g., bicyclists, pedestrians, scooter users), crashes resulting in an injury, crash type, contributing circumstance, and time of day/lighting condition. Contributing circumstances and crash types were not available for every site and breakdown of crash types were summarized for combined sites with that information available. Lighting condition data was incomplete for many states and varied widely from state to state, resulting in inclusive data that was not included in the analysis. 77 Asphalt Art Safety Study 17 Crash rate metrics for combined study sites were calculated using two separate methods. The average of crash rates is the average of the individual crash rate values of each site within an analysis period and is calculated by dividing the sum of crash rates for each site by the quantity of sites. The average rate is the aggregated crash rate of all sites/analysis periods and is calculated by dividing the total number crashes that occurred divided by the total amount of time analyzed. It should be noted that several after periods overlapped with periods of reduced volumes due to the COVID-19 pandemic. 52 39 2016 54 25 2017 49 42 2016 49 42 2016 59 14 2018 59 14 2018 54 42 2017 47 46 2016 48 47 2017 48 47 2017 60 28 2016 39 18 2019 40 31 2018 30 35 2018 16 42 2017 60 32 2017 57 16 2019 48.3 32.9 - #City State Pre-Implementation “Before” (months) Post-Implementation “After” (months)Implementation Year 1 St Petersburg FL 2 Miami FL 3 Ft Lauderdale FL 4 Ft Lauderdale FL 5 Pinecrest FL 6 Pinecrest FL 7 Atlanta GA 8 Decatur GA 9 Decatur GA 10 Decatur GA 11 Cambridge MA 12 Rahway NJ 13 Maplewood NJ 14 NYC (Brooklyn)NY 15 NYC (Manhattan)NY 16 Tampa FL 17 New Brunswick NJ AVERAGE Table 6: Analysis Periods 78 Bloomberg Philanthropies 2. Historical Crash Analysis18 2.7. Historical Crash Analysis Results Comparisons of crash types are presented in the following tables and further detailed by site in Appendix D. The percent differences between analysis periods were calculated as the difference in crash rates of the after and before period divided by the crash rate of the before period. Positive values for percent difference between the crash rates in the before and after condition indicate a reduction in the crash rate, while negative values indicate an increase. Study Sites - Combined Results indicate that, at the 17 study sites, the average of crash rates was 17.3% lower in the analysis periods after art installation than the average of crash rates for the before analysis periods. Similarly, the average of vulnerable user and injury crash rates were 49.6% and 36.5% lower in analysis periods after art was installed. It should be noted that sites with a comparatively large number of crashes in both the before and after analysis periods heavily influenced averages of crash rates. As such, the average of crash rates was calculated for the entire 17 site sample and separately, excluding the sites with the highest and lowest number of total crashes statistical outliers. For this study, Site 7 (Atlanta, GA) experienced the highest number of crashes (70 and 77 crashes in before and after periods respectively) and both Site 16 (Tampa, FL) and Site 17 (New Brunswick, NJ) had no crash occurrences either analysis period. For purposes of performing calculations excluding statistical outliers, Site 17 was excluded as opposed to Site 16 because the before and after analysis periods were longer. The following points summarize key findings from an analysis of crashes of all types (total crashes), crashes involving vulnerable users, and crashes involving an injury, holistically for all 17 study sites combined. Reported crashes, analysis periods intervals, and crash rates for before and after periods are presented by site and as an average in Tables 7–9 below. Table 10 presents the average (aggregate) crash rate of crashes and analysis periods of the 17 study sites combined. 79 Asphalt Art Safety Study 19 54 49 49 59 59 54 47 48 48 60 39 40 30 16 60 57 48.3 25 42 42 14 14 42 46 47 47 28 18 31 35 42 32 16 32.9 #City State Before After Before After Before After Difference Analysis Period (Months) V_User Crash Quantity V_User Crash Rate (Crashes/Year) 1 St Petersburg 2 Miami FL 3 Ft Lauderdale FL 4 Ft Lauderdale FL 5 Pinecrest FL 6 Pinecrest FL 7 Atlanta GA 8 Decatur GA 9 Decatur GA 10 Decatur GA 11 Cambridge MA 12 Rahway NJ 13 Maplewood NJ 14 NYC (Brooklyn)NY 15 NYC (Manhattan)NY 16 Tampa FL 17 New Brunswick NJ AVERAGE SITE AVERAGE OF VULNERABLE USER CRASH RATES (ALL SITES) AVERAGE OF VULNERABLE USER CRASH RATE (EXCLUDING HIGH AND LOW SITES) 0 0 0 0 0 0 0 0 0 0 4 3 0 0 0 0 0 0 1 0 0 1 0 1 6 1 1 0 0 0 0 0 0.76 0.35 0.00 0.00 0% 0.00 0.00 0% 0.00 0.00 0% 0.00 0.00 0% 0.00 0.00 0% 0.89 0.86 -4% 0.00 0.00 0% 0.00 0.00 0% 0.00 0.00 0% 0.20 0.00 -100% 0.00 0.67 0% 0.00 0.39 0% 2.40 0.34 -86% 0.75 0.00 -100% 0.00 0.00 0% 0.00 0.00 0% 0.26 0.13 -49.6% 0.24 0.09 -61.0% 52 39FL 1 0 0.23 0.00 -100% 54 49 49 59 59 54 47 48 48 60 39 40 30 16 60 57 48.3 25 42 42 14 14 42 46 47 47 28 18 31 35 42 32 16 32.9 #City State Before After Before After Before After Difference Analysis Period (Months) Total Crash Quantity Total Crash Rate (Crashes/Year) 1 St Petersburg 2 Miami FL 3 Ft Lauderdale FL 4 Ft Lauderdale FL 5 Pinecrest FL 6 Pinecrest FL 7 Atlanta GA 8 Decatur GA 9 Decatur GA 10 Decatur GA 11 Cambridge MA 12 Rahway NJ 13 Maplewood NJ 14 NYC (Brooklyn)NY 15 NYC (Manhattan)NY 16 Tampa FL 17 New Brunswick NJ AVERAGE SITE AVERAGE OF TOTAL CRASH RATES (ALL SITES) AVERAGE OF TOTAL CRASH RATES (EXCLUDING HIGH AND LOW SITES) 3 0 2 1 4 3 28 1 3 0 70 77 11 4 12 15 11 8 31 7 6 2 17 9 12 12 5 5 0 0 0 0 13.7 9.2 0.7 0.0 -100% 0.5 0.3 -42% 1.0 0.9 -13% 5.7 0.9 -85% 0.6 0.0 -100% 15.6 22.0 +41% 2.8 1.0 -63% 3.0 3.8 +28% 2.8 2.0 -26% 6.2 3.0 -52% 1.8 1.3 -28% 5.1 3.5 -32% 4.8 4.1 -14% 3.8 1.4 -62% 0.0 0.0 0% 0.0 0.0 0% 4.2 4.0 -17.3% 2.86 1.75 -38.7% 52 39FL 18 13 4.2 4.0 -4% Table 7: Total Crash Rate by Site and Average of Rates (Crashes/Year) Table 8: Vulnerable User Crash Rate by Site and Average of Rates (Crashes/Year) 80 Bloomberg Philanthropies 20 2. Historical Crash Analysis 54 49 49 59 59 54 47 48 48 60 39 40 30 16 60 57 48.3 25 42 42 14 14 42 46 47 47 28 18 31 35 42 32 16 32.9 #City State Before After Before After Before After Difference Analysis Period (Months) Injury Crash Quantity Injury Crash Rate (Crashes/Year) 1 St Petersburg 2 Miami FL 3 Ft Lauderdale FL 4 Ft Lauderdale FL 5 Pinecrest FL 6 Pinecrest FL 7 Atlanta GA 8 Decatur GA 9 Decatur GA 10 Decatur GA 11 Cambridge MA 12 Rahway NJ 13 Maplewood NJ 14 NYC (Brooklyn)NY 15 NYC (Manhattan)NY 16 Tampa FL 17 New Brunswick NJ AVERAGE SITE AVERAGE OF VULNERABLE USER CRASH RATES (ALL SITES) AVERAGE OF VULNERABLE USER CRASH RATE (EXCLUDING HIGH AND LOW SITES) 0.88 0.56 -36.5% 0.80 0.46 -41.5% 52 39FL 5 0 1.15 0.00 -100% 1 0 0.22 0.00 -100% 0 0 0.00 0.00 0% 6 0 1.47 0.00 -100% 3 1 0.61 0.86 +40% 0 0 0.00 0.00 0% 14 9 3.11 2.57 -17% 4 2 1.02 0.52 -49% 1 4 0.25 1.02 +309% 1 1 0.25 0.26 +2% 14 0 2.80 0.00 -100% 0 1 0.00 0.67 0% 6 5 1.80 1.94 +8% 4 5 1.60 1.71 +7% 1 0 0.75 0.00 -100% 0 0 0.00 0.00 0% 0 0 0.00 0.00 0% 3.53 1.65 821 821 710 710 710 560 560 502 502 502 Sites Crash Type Before After Before After Before After Difference Analysis Period (Months) Quantity Crash Rate (Crashes/Year) Average Crash Rate (All Sites Aggregated)Vulnerable Users Injury Average Crash Rate (Aggregated, excluding high and low sites) Total Vulnerable Users Injury 821 560Total 233 157 3.41 3.36 -1.2% 13 6 0.7 0.0 -32.3% 60 28 0.5 0.3 -31.6% 163 80 2.75 1.91 -30.6% 9 3 0.15 0.07 -52.9% 46 19 0.78 0.45 -41.6% Table 9: Injury Crash Rate by Site and Average of Rates (Crashes/Year) Table 10: Average (Aggregate) Crash Rate (Crashes/Year) 81 Asphalt Art Safety Study 21 »Using the average of rates method, between the before and after analysis periods, the average of total, vulnerable user, and injury crash rates decreased by 17.3%, 49.6%, 36.5%, respectively. Excluding the statistical outliers (Sites 7 and 17), the average of total, vulnerable user, and injury crash rates decreased by 38.7%, 61.0%, 41.5%, respectively. »Using the average (aggregate) rate method, between the before and after analysis periods, the average (aggregate) total, vulnerable user, and injury crash rates decreased by 1.2%, 32.3%, and 31.6%, respectively. Excluding the statistical outliers (Sites 7 and 17), the average (aggregate) total, vulnerable user, and injury crash rates decreased by 30.6%, 52.9%, and 41.6%, respectively. »Change in crash rates at sites ranged from a decrease of 100% (two FL locations) to an increase of 41% (Atlanta, GA). »13 (76%) sites had a decreased total crash rate, 2 (12%) had an increased total crash rate, 2 (12%) had no crashes in either period. »No crashes resulted in a fatality during before or after analysis periods at each of the 17 study sites. »No crashes were reported during one or both analysis periods at 4 (24%) sites and both analysis periods at 2 (12%) sites. »No vulnerable user crashes were reported during one or both analysis periods at 15 (88%) sites and both analysis period at 10 (59%) sites. »No injury crashes were reported during one or both analysis periods at 10 (59%) sites and both analysis period at 4 (24%) sites. »Crashes at one site (Atlanta, GA) accounted for 38% of total crashes (30% in the before period, 49% in the after period). 82 Bloomberg Philanthropies 22 2. Historical Crash Analysis Study Sites – Disaggregated by Site Characteristics A disaggregate analysis was completed to determine if certain types of asphalt art may be more effective or if art may be more effective under specific conditions. Tables 11–14 below summarize trends for total, vulnerable user, and injury crash rates for study sites broken down by geographic region and site setting. 2.8. Discussion of Historical Crash Analysis Results On the basis of a before-after historical crash analysis of 17 asphalt art study sites, implementation of asphalt art appears to have a positive impact on the rate of crashes of all types. The average of total, vulnerable user, and injury crash rates for the combined study sites were reduced by 17%, 50%, and 37% respectively after installation of asphalt art. While the average (aggregate) rate also decreased in the after period. The trend between presence of asphalt art and reduced crash rates was consistent across sites with a variety of roadway settings, traffic control types, and art improvement type. The results are likely due to the improved conspicuity of the intersection and roadway user movements. It should be noted that at several locations, after analysis periods overlapped with the COVID-19 pandemic, when injury crash rates were elevated nationwide. The total crash rate decreased or remained at 0 in the after analysis period compared to the before period at all sites, except Piedmont Avenue & 10th Street in Atlanta, GA (+41%) and Ponce de Leon Avenue & Clairemont Avenue in Decatur, GA (+28%) (both signalized intersections). The Piedmont Avenue & 10th Street site is located in the rapidly growing Midtown area of Atlanta and accounted for 38% of the total crashes occurring at all sites. Despite increased total crash rate after art was installed, the intersection experienced a 17% decrease in the injury crash rate (crashes/year) and a 4% decrease in vulnerable user crash rate—two important and widely utilized performance indicators. The project could be considered successful on the basis of this decrease in the injury crash rate and vulnerable user crash rate (which typically result in an injury, if reported). Additionally, according to the City of Atlanta, rapid redevelopment of immediate area surrounding the intersection near the time of the art installation, resulted in a nearly three-fold increase in bike activity (without bike improvements at the intersection itself), an 18% increase in motor vehicle volumes on Piedmont Street, and a 83 Asphalt Art Safety Study 23 Region # Before After Before After Before After DifferenceDifferenceDifference Total Crash Rate (Crashes/Year) Vulnerable User Crash Rate (Crashes/Year) Fatal + Injury Crash Rate (Crashes/Year) Northeast South 11 Combined (Average Rate) 17 6 3.52 2.47 -30%0.40 0.21 -47%1.24 0.78 -37% 3.3 3.8 +14%0.10 0.2 +78%0.7 0.5 -28% 3.41 3.36 -1.2%0.19 0.13 -32.3%0.88 0.60 -31.6% Table 11: Average (Aggregated) Total, Vulnerable User, and Injury Crash Rates by Geographic Region Region # Before After Before After Before After DifferenceDifferenceDifference Total Crash Rate (Crashes/Year) Vulnerable User Crash Rate (Crashes/Year) Fatal + Injury Crash Rate (Crashes/Year) Urban Core 7 2.30 1.01 -56%0.04 0.06 +48%1.01 0.18 -82% Urban Residential 6 5.04 5.82 +16%0.47 0.18 -62%1.02 0.85 -17% Suburban 4 2.64 1.32 -50%0.00 0.13 IND 0.50 0.79 +60% Combined (Average Rate) 17 3.41 3.36 -1.2%0.19 0.13 -32.3%0.88 0.60 -31.6% Table 12: Average (Aggregated) Total, Vulnerable User, and Injury Crash Rates by Site Setting Region # Before After Before After Before After DifferenceDifferenceDifference Total Crash Rate (Crashes/Year) Vulnerable User Crash Rate (Crashes/Year) Fatal + Injury Crash Rate (Crashes/Year) Intersection - Signal Controlled 7 6.60 6.27 -5%0.26 0.20 -23%1.60 0.94 -42% Intersection - Stop Controlled 7 1.37 1.15 -16%0.22 0.10 -52%0.50 0.42 -17% Mid-Block 3 1.06 1.09 +3%0.00 0.00 -0.15 0.14 -10% Combined (Average Rate) 17 3.41 3.36 -1.2%0.19 0.13 -32.3%0.88 0.60 -31.6% Table 13: Average (Aggregated) Total, Vulnerable User, and Injury Crash Rates by Site Facility Type Region # Before After Before After Before After DifferenceDifferenceDifference Total Crash Rate (Crashes/Year) Vulnerable User Crash Rate (Crashes/Year) Fatal + Injury Crash Rate (Crashes/Year) Roadway Art Sites (excl. sites with Crosswalk Art) 6 2.45 1.96 -20%0.27 0.08 -72%0.50 0.45 -9% Roadway Art + Crosswalk Art Sites 2 0.73 0.57 -22%2.08 1.29 -38%0.73 0.00 -100% Crosswalk Art Sites (excl. sites with Roadway Art) 9 4.78 4.81 +1%0.18 0.19 +8%1.20 0.83 -31% Combined (Average Rate) 17 3.41 3.36 -1.2%0.19 0.13 -32.3%0.88 0.60 -31.6% Table 14: Average (Aggregated) Total, Vulnerable User, and Injury Crash Rates by Site Improvement Type 84 Bloomberg Philanthropies 24 2. Historical Crash Analysis likely a significant increase in pedestrian volumes. It is reasonable to expect an increase in total crash and vulnerable user rate when volumes increase significantly and is encouraging that the injury crash rate decreased despite this. Although crash rates for specific crash types (vulnerable user and injury crashes) did increase for certain crash types in the after periods, sample sizes were often very small (most locations had 0 or 1 crash in before-after periods averaging over 3 years). As crashes are for the most part rare and random events with several contributing circumstances, when crash sample sizes are small, crash reductions at most individual locations are not statistically significant when evaluated individually. The disaggregate analysis indicated mixed results for each crash type investigated when considering sites by setting. Increases in pedestrian crashes in urban locations may be due an increased rate of pedestrians, cyclists, and even motor vehicle traffic generated by improving the location with asphalt art and other developments. Crash rates decreased for signalized and unsignalized intersections and experienced an insignificant increase at mid-block crossing locations between the before and after analysis periods. Notably, the average crash rate decreased at signalized intersections despite the significant number of crashes at the Atlanta site. The negligible increases in overall and vulnerable user crash rates at improvement sites with crosswalk art alone may also be due to an increased rate of pedestrians, cyclists, and even motor vehicle traffic generated by site and nearby improvements. Despite a slight increase in overall (+1%) and vulnerable user (+8%) crashes at crosswalk art sites, injury crashes were reduced by 31%. Disaggregate analyses in the present study are based on a very limited sample sizes using basic crash analysis techniques. As such, while we cannot infer direct causation, results generally indicated reduced crash rates after installation of art for most crash types across a range of settings, traffic control, and improvement types. As more post-implementation crash data becomes available for asphalt art sites, further study and analysis using larger sample sizes would provide more insight into effectiveness of different types of art improvements in different roadway contexts. 85 Asphalt Art Safety Study 25 86 Bloomberg Philanthropies 3. Behavioral Observational Assessment26 3. Behavioral Observational Assessment 3.1. Background and Scope While historical crash data provides insight into the safety performance of a subject site, it is important to keep in mind that crashes are rare occurrences and almost always have multiple contributing factors. The sample size of pedestrian crashes at most locations is too small to be of statistical significance at most locations individually. This is indicated in the above historical crash data, in that most sites have few to zero pedestrian crashes over both analysis periods. In instances where pedestrian crashes occur infrequently, other factors such as near-miss conflicts between pedestrians and vehicles, observed road user behavior, and compliance with traffic control devices can provide insight on the safety impacts as a result of roadway treatments such as asphalt art. To study the impact of asphalt art on driver and pedestrian behavior, five intersection sites with art projects in Bloomberg Philanthropies’ Asphalt Art Initiative were selected with scheduled implementation dates for summer-fall 2021. Video was recorded of the intersection capturing vehicle and pedestrian behavior for a period prior to and following installation. Using this video, visual observations were performed to assess pedestrian and motorist behavior during each observation period. The observation assessment methodology, information about sites selected, and findings are presented in the sections below. 3.2. Methodology Video recordings of each intersection location were collected for 48-hour periods during the same days of the week (when possible) to capture approaching vehicles and crossing movements at each leg of the intersection. Video was first reviewed at a high level to determine appropriate 8-hour analysis periods before and after the installation of the art/improvements. In some cases, this 8-hour period was broken into multiple segments to capture peak hour pedestrian volumes. 87 Asphalt Art Safety Study 27 The video recordings were reviewed during the before and after analysis periods to conduct conflict analyses and record other observable behavior metrics. Pedestrian group crossings (as opposed to individual pedestrians, which were also recorded) were utilized for purposes of analysis. This metric is typical for pedestrian crossing studies as pedestrians waiting at an intersection typically arrive or cross in groups. As an example, if a child and parent arrived at an intersection together and crossed the roadway together, they would be counted as a single crossing, while if there were two individuals waiting at an intersection and one crossed during a “flashing don’t walk phase” while the other pedestrian decided to wait until the next interval, they would be counted as separate crossings. As the observational study sites consisted of both signalized and unsignalized intersections, different metrics were captured based on different types of traffic control. The following details road-user behavior metrics assessed as part of this study. 3.2.1. Metrics at All Observation Sites Pedestrian-Vehicle Conflicts To compare road user behavior in the before and after conditions at signalized and unsignalized intersection locations, a conflict analysis was conducted using video data collected at each location. Conflict analysis involves observing and recording conflicts between pedestrians and drivers/vehicle. A conflict is defined as an observable situation in which two or more road users approach each other in space and time to such an extent that there is a risk of collision if their movements remain unchanged, and at least one of the road users then takes action to avoid a crash. Such an action could be as simple as a routine application of the brakes to give way to a crossing pedestrian. 88 Bloomberg Philanthropies 28 3. Behavioral Observational Assessment Pedestrian-vehicle conflicts range in severity by how likely they are to result in a crash. This analysis considered conflicts of two levels: »Low Crash Potential – A motorist noticeably brakes to avoid striking a pedestrian or group; a pedestrian or group of pedestrians stops to avoid being in the path of an oncoming or turning vehicle, although the vehicle has appropriately yielded. Neither actions are sudden, atypical, or extreme. Vehicles passing their appropriate stop bar, or negotiation of space between pedestrian and vehicle in the crosswalk may suggest a Low Crash Potential conflict. »High Crash Potential – A motorist noticeably and clearly suddenly stops or swerves to avoid striking a pedestrian or group of pedestrians in a fashion that suggests reduced control of the vehicle; a pedestrian or group of pedestrians jumps, runs, stops, or suddenly steps or lunges to avoid being struck by a vehicle. An example of a Low Crash Potential conflict is when a vehicle turning towards a pedestrian in the crosswalk noticeably brakes to avoid conflicting with the pedestrian. This behavior is normal and as expected, as pedestrians are crossing with the signal and the car properly yields to them; however, this is still considered to be a conflict because, if the vehicle had not yielded quickly, the vehicle would have to suddenly break or swerve (indicating a High Crash Potential conflict) to avoid potential collision. A turning vehicle yielding the right of way to crossing pedestrians is also the most common type of Low Crash Potential conflict encountered. The goal of this conflict analysis is to identify observed differences in driver and pedestrian behavior and occurrences of crash-risk conflicts before and after art implementation. To consider the rate of Low and High Crash Potential conflicts, the video recorded was also reviewed to quantify pedestrian activity. The following metrics pertaining to pedestrian activity were quantified: »Pedestrian Crossing Groups – A pedestrian, or a group of pedestrians, that both approach the crosswalk and cross at the intersection simultaneously. »Pedestrians per Crossing Group - The number of people present per pedestrian crossing as defined above. »Origin/Destination of Crossing Groups – The origin and destination crosswalk for each group of pedestrian crossings. 89 Asphalt Art Safety Study 29 Pedestrian Actions An analysis was conducted of undesired pedestrian actions at intersections in before and after conditions using collected video data. Undesired pedestrian actions were recorded as follows: »Pedestrian crossing against signal – When a pedestrian crosses the intersection while the movement is prohibited by the pedestrian signal and begins their movement while a solid “Don’t Walk” symbol is displayed. »Pedestrian crossing outside of crosswalk – When a pedestrian crosses mid-block, at an intersection approach outside the vicinity of the crosswalk or crosses the intersection at a diagonal. 90 Bloomberg Philanthropies 30 3. Behavioral Observational Assessment 3.2.2. Metrics at Unsignalized Observation Sites Vehicle Yield/Stop Compliance The goal of this yield compliance analysis is to identify observed differences in driver behavior with respect to compliance with yielding or stopping for pedestrians crossing or waiting to cross before and after art implementation, as well as noted behavior of pedestrians in the before and after observation periods. Pedestrians have the right of way at unsignalized intersections, regardless of the presence or absence of a marked crosswalk, but people often have to wait for drivers to yield or stop for them before they start crossing. Particularly on higher-speed or higher-volume streets, drivers often fail to yield to pedestrians who are waiting to cross, and sometimes even fail to yield to people already in the crosswalk. In addition to injury risks, pedestrians face extended delays in crossing when drivers do not properly yield or stop for them. As such, at unsignalized locations, the recorded videos were reviewed to analyze yielding behavior of drivers for crossing pedestrians along with other indicators of the traffic environment. The below metrics were recorded. It should be noted that only crossings with vehicles present at the intersection were analyzed, excluding crossings where pedestrians crossed with an adequate gap, unconflicted. »Vehicle Presence – Whether there one or more vehicles approaching the observed crossing at the intersection at the time of the pedestrian crossing. »Non-Yielding Drivers/Vehicles – The number of drivers who failed to yield to a pedestrian initiating crossing or in the crosswalk. This excludes any driver yielding to pedestrians even if suddenly braking in a manner that would constitute a potential crash conflict as defined in the section above. »Eventual Yield – Whether or not the first or subsequent drivers, if present, eventually yielded to crossing pedestrians or pedestrians. If no vehicles yielded, pedestrians crossing during an adequate gap were noted as crossing with no eventual yield. 91 Asphalt Art Safety Study 31 3.3. Observation Sites and Analysis Periods A total of five sites were selected for observations analysis with asphalt art projects scheduled for installation in summer and fall 2021. Table 15 below provides a summary of each site, setting, intersection type, roadway/roadside improvement(s). Before and after street level and aerial photography is provided for each location in the Appendix. Table 16 provides a summary of locations by date of art installation and observation analysis periods. Before and after photos of each observation site are shown in Figures 1–10, illustrating the improvements made at each site. #City State Intersection SettingTraffic Control Summary 1 Trenton 2 Richmond VA 3 Durham NC 4 Pittsburgh PA 5 Lancaster PA South Clinton Ave & Barlow St/ R Wallenberg Ave W Marshall St & Brook Rd Club Blvd & Glendale Ave Roup Ave, S Fairmount St & Harriet St Strawberry St & Vine St NJ Signal Painted crosswalks Signal Curb extensions, Bollards, Painted intersection Signal Painted crosswalks, Painted intersection Stop Curb extensions, Additional/revised marked crosswalks Stop Urban Core Urban Core Suburban Neighborhood Residential Urban Core Curb extensions, bollards #City State Intersection “Before” Observation Date “After” Observation Date Installation Date(s) Observation Period Times 1 Trenton 2 Richmond VA 3 Durham NC 4 Pittsburgh PA 5 Lancaster PA South Clinton Ave & Barlow St/ R Wallenberg Ave W Marshall St & Brook Rd Club Blvd & Glendale Ave Roup Ave, S Fairmount St & Harriet St Strawberry St & Vine St NJ 9/4/21 - 9/5/21 7 AM - 11 AM, 3 PM - 7 PM 10/24/21 – 10/26/21 11 AM - 7 PM 5/21/21- 5/24/21 10 AM - 6 PM 9/23/21 – 9/24/21 8 AM - 12 PM, 3:30 PM - 7:30 PM 9/11/21- 9/12/21 8/24/2021 9/23/2021 5/15/2021 9/9/2021 9/9/2021 9/21/2021 11/16/2021 7/3/2021 10/21/2021 10/24/2021 8 AM - 12 PM, 3:30 PM - 7:30 PM Table 15: Summary of Observational Assessment Sites Table 16: Summary of Analysis Periods 92 Bloomberg Philanthropies 32 3. Behavioral Observational Assessment Trenton, NJ Figure 1: Trenton, NJ - Before Figure 2: Trenton, NJ - After 93 Asphalt Art Safety Study 33 Figure 3: Richmond, VA - Before Figure 4: Richmond, VA - After Richmond, VA 94 Bloomberg Philanthropies 34 3. Behavioral Observational Assessment Figure 5: Durham, NC - Before Figure 6: Durham, NC - After Durham, NC 95 Asphalt Art Safety Study 35 Figure 7: Pittsburgh, PA - Before Figure 8: Pittsburgh, PA - After Pittsburgh, PAPittsburgh, PA 96 Bloomberg Philanthropies 36 3. Behavioral Observational Assessment Figure 9: Lancaster, PA - Before Figure 10: Lancaster, PA - After Lancaster, PA 97 Asphalt Art Safety Study 37 98 Bloomberg Philanthropies 38 3. Behavioral Observational Assessment 3.4. Behavioral Assessment Results 3.4.1. Vehicle-Pedestrian Conflict Assessment At both signalized locations, the total conflict rate and rate of low crash potential conflicts decreased after the installation of asphalt art. Tables 17 summarizes the results of the vehicle-pedestrian conflict assessments for each site, signalized observation sites aggregated, unsignalized observation sites aggregated, and all observation sites aggregated. The high crash potential conflict rate increased at the Trenton location negligibly (an absolute difference of 0.1% in the rate). The average (aggregated) low and high crash potential conflict rates decreased when considering observed crossing movements at combined signalized study sites. At the Durham unsignalized site, the rate of both high and low crash potential conflicts decreased. The low crash potential conflict rate decreased by 61% (an absolute difference of six fewer occurrences) at the Pittsburgh site and increased by 23% (an absolute difference of two additional occurrences) at the Lancaster site. No high crash potential conflicts occurred during the before or after observation periods at the Pittsburgh and Lancaster sites. The average (aggregated) low and high crash potential conflict rates decreased when considering observed crossing movements at unsignalized study sites. When considering all observed movements at observation sites aggregated, the rate of crossings involving a low and high crash potential conflict decreased by 27% and 18%, respectively, an overall decrease of 25%. 99 Asphalt Art Safety Study 39 Pedestrian Crossing Behavior/Action Crossings (#) Before After Crossings (%) Crossings (#) Crossings (%) Conflict Rate Reduction (%) Total Pedestrian Crossings Crossings involving a Conflict High Crash Potential Conflicts Low Crash Potential Conflicts Total Pedestrian Crossings Crossings involving a Conflict High Crash Potential Conflicts Low Crash Potential Conflicts Total Pedestrian Crossings Crossings involving a Conflict High Crash Potential Conflicts Low Crash Potential Conflicts Total Pedestrian Crossings Crossings involving a Conflict High Crash Potential Conflicts Low Crash Potential Conflicts Total Pedestrian Crossings Crossings involving a Conflict High Crash Potential Conflicts Low Crash Potential Conflicts Total Pedestrian Crossings Crossings involving a Conflict High Crash Potential Conflicts Low Crash Potential Conflicts Total Pedestrian Crossings Crossings involving a Conflict High Crash Potential Conflicts Low Crash Potential Conflicts Total Pedestrian Crossings Crossings involving a Conflict High Crash Potential Conflicts Low Crash Potential Conflicts Trenton, NJ Richmond, VA Durham, NC Pittsburgh, PA Lancaster, PA Aggregated for Unsignalized Sites Combined Aggregated for Observational Sites Combined Aggregated for Signalized Sites Combined 1,035 -1,050 -- 68 6.6%59 5.6%-14.5% 13 1.3%15 1.4%+13.7% 55 5.3%44 4.2%-21.1% 325 -319 -- 14 4.3%6 1.9%-56.3% 5 1.5%1 0.3%-79.6% 9 2.8%5 1.6%-43.4% 1,360 -1,369 -- 82 6.0%65 4.7%-21.3% 18 1.3%16 1.2%-11.7% 64 4.7%49 3.6%-23.9% 301 -215 -- 6 2.0%3 1.4%-30.0% 1 0.3%0 0.0%-100.0% 5 1.7%3 1.4%-16.0% 287 -372 -- 12 4.2%6 1.6%-61.4% 0 0.0%0 0.0%- 12 4.2%6 1.6%-61.4% 841 -895 -- 22 1.6%15 1.1%-32.3% 1 0.1%0 0.0%-100.0% 21 1.5%15 1.1%-29.0% 2,201 -2,264 -- 104 4.7%80 3.5%-25.2% 19 0.9%16 0.7%-18.1% 85 3.9%64 2.8%-26.8% 253 -308 -- 4 1.6%6 1.9%+23.2% 0 0.0%0 0.0%- 4 1.6%6 1.9%+23.2% Table 17: Pedestrian-Vehicle Conflict Assessment Results 100 Bloomberg Philanthropies 40 3. Behavioral Observational Assessment 3.4.2. Driver-Pedestrian Yield Assessment at Unsignalized Sites Drivers were more likely to yield to pedestrians after asphalt art was installed. Table 18 summarizes the results of the pedestrian- vehicle yielding assessment for unsignalized intersection sites (Durham, NC; Pittsburgh, PA; and Lancaster PA sites, and the three unsignalized sites combined, respectively). While yield behavior results varied at each site, when considering observed crossings at all three unsignalized locations aggregated, the occurrences of the first/all vehicles yielding increased by 27% and the occurrences of no vehicles yielding before the pedestrian group crossed decreased by 27%. 101 Asphalt Art Safety Study 41 Pedestrian Crossing Behavior/Action Crossings (#) Before After Crossings (%) Crossings (#) Crossings (%) Difference Crossings w/ Vehicle Present All drivers yielded to pedestrian(s) crossing One or more drivers did not yield but drivers eventually yielded No drivers yielded – Pedestrian crossed during a gap Crossings w/ Vehicle Present All drivers yielded to pedestrian(s) crossing One or more drivers did not yield but drivers eventually yielded No drivers yielded – Pedestrian crossed during a gap Crossings w/ Vehicle Present All drivers yielded to pedestrian(s) crossing One or more drivers did not yield but drivers eventually yielded No drivers yielded – Pedestrian crossed during a gap Crossings w/ Vehicle Present All drivers yielded to pedestrian(s) crossing One or more drivers did not yield but drivers eventually yielded No drivers yielded – Pedestrian crossed during a gap Durham, NC Pittsburgh, PA Lancaster, PA Aggregated for Unsignalized Sites Combined 50 -38 -- 7 14.0%3 7.9%-43.6% 6 12.0%7 18.4%+53.5% 37 74.0%28 73.7%-0.4% 26 -30 - 24 92.3%28 93.3%+1.1% 0 0.0%1 3.3%- 2 7.7%1 3.3%-56.7% 36 -93 - 25 69.4%71 76.3%+9.9% 5 13.9%4 4.3%-69.0% 6 16.7%18 19.4%+16.1% 112 -161 -- - - 56 50.0%102 63.4%+26.7% 11 9.8%12 7.5%-24.1% 45 40.2%47 29.2%-27.3% Table 18: Pedestrian-Vehicle Yield Assessment 102 Bloomberg Philanthropies 42 3. Behavioral Observational Assessment 3.4.3. Pedestrian Actions Assessment Table 19 summarizes the results of the pedestrian action assessment. The percentage of occurrences of undesirable pedestrian actions are calculated for each observation period by dividing the number of occurrences of undesired crossing actions by total number of crossings. At both signalized sites, the percentage crossings involving undesirable pedestrian actions (crossing against the signal and crossing outside the vicinity of the marked crosswalk) decreased in the period after asphalt art was installed. The percentage of crossings involving pedestrians crossing outside of the marked crosswalk increased in the after period at unsignalized observation when combined despite a reduction at the Pittsburgh site. Pedestrian crossing actions were not recorded for the Durham site. 3.5. Discussion of Behavior Assessment Results As crashes almost exclusively have multiple contributing circumstances and are often random events, road user behavior is a critical indictor of road safety performance at a site in addition to crash data. Across each metric analyzed, results indicated that asphalt art has an overall positive impact on safe driver and pedestrian behavior, resulting in a reduced (-25%) rate of driver/vehicle-pedestrian conflicts, improved (+27%) rate of drivers yielding to pedestrians, and reduced (-27 to -38%) rate of undesirable pedestrian actions in the after observation period. When considering road user behavior at sites by type of traffic control, driver/vehicle-pedestrian conflict rates were reduced at both signalized and unsignalized intersections while a greater rate of pedestrians were observed crossing outside of the marked crosswalk vicinity at unsignalized sites. The driver yield assessment was only performed for unsignalized sites only as traffic signals control vehicle and pedestrian movements at signalized intersections. Results indicate that drivers not only yielded immediately to pedestrians 27% more frequently after art was installed, but the frequency of no vehicles stopping for the pedestrian (pedestrian having to find a gap in traffic to cross) was reduced by 27%. While MUTCD rulings have suggested that the art may confuse drivers as to whether or not the art is part of a marked crosswalk, drivers yielded more often in the after observation period. 103 Asphalt Art Safety Study 43 Pedestrian Crossing Behavior/Action Crossings (#) Before After Crossings (%) Crossings (#) Crossings (%) Difference Total Crossings Crossing Against Signal (Solid DON’T WALK) Crossing outside of marked crosswalk Total Crossings Crossing Against Signal (Solid DON’T WALK) Crossing outside of marked crosswalk Total Crossings Crossing Against Signal (Solid DON’T WALK) Crossing outside of marked crosswalk Total Crossings Crossing outside of marked crosswalk Total Crossings Crossing outside of marked crosswalk Total Crossings Crossing outside of marked crosswalk Total Crossings Crossing outside of marked crosswalk Total Crossings Crossing Against Signal (Solid DON’T WALK) (Signalized sites only) Crossing outside of marked crosswalk Trenton, NJ Richmond, VA Durham, NC Pittsburgh, PA Lancaster, PA Aggregated for Unsignalized Sites Aggregated for Observational Sites Combined Aggregated for Signalized Sites Combined 1035 -1050 -- 363 35.1%229 21.8%-37.8% 207 20.0%139 13.2%-33.8% 325 -319 -- 5 1.5%1 0.3%-79.6% 68 20.9%35 11.0%-47.6% 1360 -1369 -- 368 27.1%230 16.8%-37.9% 275 20.2%174 12.7%-37.1% 301 -215 -- Not AvailableNot Available Not Available Not AvailableNot Available 287 -372 -- 28 9.8%23 6.2%-36.6% 253 -308 -- 42 16.6%64 20.8%+25.2% 841 -895 -- 70 5.1%87 6.4%+23.5% 2201 -2264 -- 368 27.1%230 16.8%-37.9% 345 15.7%261 11.5%-26.5% Table 19: Pedestrian Actions at Observational Study Locations 104 Bloomberg Philanthropies 4. Conclusion/Next Steps44 4. Conclusion/Next Steps As indicated in the results of both the historical crash analysis and observational behavior assessment, asphalt art had a strong positive correlation with improved safety benefits across aggregated and most individual study sites. Road user behavior clearly improved across the observed study sites in the after analysis periods. At unsignalized intersections, there was a greater frequency of drivers immediately yielding to crossing pedestrians. Similarly, pedestrian-vehicle conflict assessments indicated a reduction in conflict rates at both signalized and unsignalized intersections. Good pedestrian crossing practices, such as crossing at marked crosswalk locations and crossing during the pedestrian phase, also improved substantially at signalized intersections with crossings against the signal dropping from 27% to 17%. Meanwhile, at unsignalized intersections, a few more people crossed outside the marked crosswalk, but the rate was still quite low (1% of people crossing the street). On the basis of these positive findings, the study team recommends a significant expansion of this study to include asphalt art sites in a variety of roadway and land use contexts. This would allow for a more detailed assessment of which elements of projects (the art itself, additional traffic control, roadway, or roadside improvements, etc.) are the most effective, and also take into account other changes that may have taken place after the implementation period (redevelopment, population growth, changes to local bike or transit networks, etc.). It will also be critical to have control groups to account for the random variation in crash rates over time. This would determine a crash modification factor for asphalt art projects and provide the research grounding that some transportation professionals have requested. 105 Asphalt Art Safety Study 45 This study also provides important context and precedent for the FHWA and others working to improve the MUTCD and other design guidance in the U.S. and globally. As the FHWA is currently revising the MUTCD, this analysis could contribute to more immediate changes to the language of that document to be more supportive of asphalt art projects going forward. Federal adoption of the language regarding color crosswalks proposed jointly by ITE and NACTO could clarify guidance and go a long way toward removing arbitrary barriers to asphalt art implementation. Additionally, since asphalt art is not technically prohibited by the current MUTCD and has only been restricted through interpretation memos that did not undergo the Federal regulatory process, the FHWA could remove this ambiguity with another such interpretation memo citing the results of this study and clarifying that the use of color in crosswalks and the use of artwork on roadways is in fact permitted under the 2009 MUTCD (excluding controlled-access highways such as Interstates/freeways). Last and perhaps most important, this study, with a rigorous analysis of nearly two dozen projects across the country, provides supporting quantitative data for residents and city officials to use to implement asphalt art projects in their own communities. The results provide evidence to decision-makers that these projects will likely reduce crashes and improve safety for the most vulnerable users on the road. By contributing to the body of research on this topic and through the Asphalt Art Initiative and work by cities, the study team hopes to encourage more arts-focused transportation projects that contribute to safer city streets across the country and around the world. 106 107 MEMORANDUM TO: Mayor and City Council FROM: Patrick Quick, Director-Strategy & Innovation Office THROUGH: Alissa Farrell, Administrative Services Director CC: John Barker, Senior Strategy Consultant MEMO DATE: March 20, 2023 MEETING DATE: March 28, 2023 RE: Resolution No. 42 (Series 2023) approving a contract with Human Services Innovations (HSI), LLC REQUEST OF COUNCIL: Staff is requesting council consideration of Resolution No. 042, Series of 2023, approving a sole-source professional services contract with Human Service Innovations, LLC in the amount of $69,750 to execute a pilot program for capacity-building services to health and human services (HHS) grantees within the City of Aspen grants program. SUMMARY AND BACKGROUND: The City of Aspen grants program has undergone substantial change over the past two years to align with best practices and to consider new and innovative methods to use grant funds to promote positive community outcomes. To this end, in 2022, council approved a budget request from staff to fund a new grant program offering of capacity-building support to HHS non-profits that have previously received a grant from the city. The work of capacity building, in addition to traditional grant programs, is important. This pilot program will offer support for long-term organizational needs such as: capacity building, strategic planning, coalition building, and operational improvements. The short - term challenges faced by area HHS organizations such as staffing, budget, and resource availability preclude many organizations from doing the necessary work on themselves to have the greatest long-term community impact possible. Furthermore, the reality of fundraising requires many organizations with similar missions to operate independently instead of collaboratively—when working together would have a greater impact at a reduced overall cost. This capacity building grant pilot program will provide dedicated support to help HHS non- profits be the best community partners they can be. The creation of a capacity -building grant will allow interested organizations to apply for funding to hire organizational development experts to assess each organization, make recommendations for internal 108 changes and improvements, promoting long-term sustainability, increased organizational capacity, and find new ways to collaborate with peer organizations. DISCUSSION: Staff recommends a contract with Human Service Innovations (HSI), LLC, a uniquely- qualified company with relevant experience with Aspen-area HHS organizations and a deep understanding of the issues facing these organization, along with a previous working relationship with the City of Aspen. Capacity building with HHS organizations is a niche skillset that is difficult to source. HSI will provide six months of intensive capacity-building for four eligible organizations selected in collaboration between the grants steering committee and HSI through a criteria-based application process. This work includes assistance with all phases of the program, from assisting staff with program and application development, to outreach and education for eligible organizations, and concrete implementation steps. An essential component of this grant program area is an expectation of participation and commitment from all levels of participating organizations. This means that organization executive leadership, along with board members, must be committed and willing to dedicate significant time to this work to be selected. This is a pilot program that will be evaluated by staff through an established feedback loop with selected grantees participating in this program. FINANCIAL IMPACTS: The professional service contract amount of $69,750 is within the current approved budget allocation of $75,000. This spending authority was appropriated for the 2023 budget through the general fund, mayor and council budget (001.112.44020.59210). ENVIRONMENTAL IMPACTS: None ALTERNATIVES: Council may direct staff to select another vendor to assist with this program, or direct staff to no longer move forward with this grant program. RECOMMENDATIONS: Staff recommends council approve Resolution No. 042, Series 2023, a sole-source professional services contract with Human Service Innovations (HSI), LLC in the amount of $69,750 to execute a pilot program for capacity-building services to health and human services (HHS) grantees. CITY MANAGER COMMENTS: None ATTACHMENT A – RESOLUTION NO. 042, SERIES OF 2023 109 ATTACHMENT B – CONTRACT WITH HUMAN SERVICES, INC ATTACHMENT C – STATEMENT OF WORK AND FEE SCHEDULE 110 RESOLUTION #042 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND Human Service Innovations, LLC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for capacity building professional services between the City of Aspen and Human Service Innovations LLC, a true and accurate copy of which is attached hereto as “Attachment A: HSI Contract”; 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, capacity building professional services through the Aspen Grants Program between the City of Aspen and Human Service Innovations, LLC a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 28th day of March, 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, ___________2023. Nicole Henning, City Clerk 111 Agreement Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2023-152 AGREEMENT made this 1st day of March, in the year 2023. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Human Service Innovations c/o John Dougherty 1211 W. 42nd Street Richmond, Virginia 23225 Phone: (804) 363-1729 For the Following Project: Organizational assessments, collaborative stakeholder workshops, and 1-3 strategic operations plans for 4 Health & Human Service organizations through an application process. Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: 03/14/2023 Resolution No.:___________________ Exhibit AB: Scope of Work and Fee Schedule Total: $69,750 (to be paid in 3 installments of $23,250) DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 112 Agreement Professional Services Page 1 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than November 30, 2023. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 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 DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 113 Agreement Professional Services Page 2 relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such 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 DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 114 Agreement Professional Services Page 3 other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 115 Agreement Professional Services Page 4 prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 116 Agreement Professional Services Page 5 or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101 Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21- 1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(III) as it relates to the employment of and contracting with a “worker without authorization” which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a Professional who knowingly hires with a worker without authorization to perform work under the contract. The law also requires that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "Services" means the furnishing of labor, time, or effort by a Professional or a subprofessional not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 5. “Worker without authorization” means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States By signing this document, Professional certifies and represents that at this time: 1. Professional shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 117 Agreement Professional Services Page 6 2. Professional has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not workers without authorization. Professional hereby confirms that: 1. Professional shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Professional shall not enter into a contract with a subprofessional that fails to certify to the Professional that the subprofessional shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Professional has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Professional shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. If Professional obtains actual knowledge that a subprofessional performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Professional shall: 1. Notify such subprofessional and the Owner within three days that Professional has actual knowledge that the subprofessional is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subprofessional if within three days of receiving the notice required pursuant to this section the subprofessional does not stop employing or contracting with the worker without authorization; except that Professional shall not terminate the Public Contract for Services with the subprofessional if during such three days the subprofessional provides information to establish that the subprofessional has not knowingly employed or contracted with a worker without authorization. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5-102 (5), C.R.S. If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual damages to the Owner arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. 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. DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 118 Agreement Professional Services Page 7 If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. 17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 18. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 19. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 119 Agreement Professional Services Page 8 (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 20. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 21. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 22. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 23. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. 24. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 25. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 120 Agreement Professional Services Page 9 debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 26. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 27. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approve as to Form: _____________________ City Attorney General Conditions and Special Conditions can be found on City of Aspen Website. Purchasing | Aspen, CO DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9AB Owner/Principal John Dougherty 3/6/2023 | 3:27:14 PM EST DocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 121 Statement of Work for City of Aspen  March 3, 2023 1 SMART – EFFICIENT – EFFECTIVE – SOLUTIONS Human Service Innovations is a dynamic and collaborative consulting practice providing strategic assessment, planning and operational support to deliver transformative impact on the lives of individuals, organizations and communities. OUR PHILOSOPHY We believe … vision, values, strategy and execution excellence are the pillars of a healthy organization achieving positive impact on the lives of employees, customers and communities. We achieve … by developing and driving vision and strategy to deliver innovative, effective and outcome-driven solutions that achieve greater impact We value … Innovation – Expertise – Accountability – Effectiveness – Empowerment OUR SERVICES Assessment - What does it look like when it works? Assessment services are designed to evaluate organization readiness and capacity for engaging in high-impact strategic planning and operational implementation . Planning - How do we make it work? Planning services are provided in partnership with our clients to ensure the right solution at the right time and in the right way. Individualized plans will be developed to support the specific needs of our clients. Implementation - Let’s get to work! Implementation services and solutions are delivered in partnership with our clients, to provide a seamless, strategic and successful execution that delivers results. Human Service Innovations 1211 W. 42nd Street Richmond, Virginia 23225 DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 122 Statement of Work for City of Aspen  March 3, 2023 2 Statement of Work OUR BID Human Service Innovations, LLC proposes a $69,750 fee for consulting services to provide a Health and Human Service Organizations Capacity Building Program , as outlined in the project description below, for the period of April 1, 2023 – November 30, 2023. PROJECT DESCRIPTION SOW 427-2023-04 for Agreement to Perform Consulting Services for City of Aspen Date Services Performed By: Services Performed For: March 3, 2023 Human Service Innovations 1211 W. 42nd Street Richmond, Virginia 23225 City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 This Statement of Work (SOW) is issued pursuant to the Consultant Services Master Agreement between City of Aspen (“Client”) and Human Service Innovations (“Contractor”), effective April 3, 2023 (the “Agreement”). This SOW is subject to the terms and conditions contained in the Agreement between the parties and is made a part thereof. Any term not otherwise defined herein shall have the meaning specified in the Agreement. In the event of any conf lict or inconsistency between the terms of this SOW and the terms of this Agreement, the terms of this SOW shall govern and prevail. This SOW # 427-2023-04 (hereinafter called the “SOW”), effective as of April 3, 2023, is entered into by and between Contractor and Client, and is subject to the terms and conditions specified below. The Exhibit(s) to this SOW, if any, shall be deemed to be a part hereof. In the event of any inconsistencies between the terms of the body of this SOW and the terms of the Exhibit(s) hereto, the terms of the body of this SOW shall prevail. Period of Performance The Services shall commence on April 3, 2023, and shall continue through November 30, 2023. DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 123 Statement of Work for City of Aspen  March 3, 2023 3 Scope of Work Contractor shall provide the Services and Deliverable(s) as follows: 1. Human Service Organizations Workshop - Believe, Think Big, Act Boldly (April) 2. Capacity Building Program Application (May) 3. Capacity Building Cohort - 6 Month Intensive Program for 4 HHS Organizations 4. Cohort Kick-Off (June) 5. Organizational Assessment - People, Process, Infrastructure, Financial Model (July & August) 6. Organizational Documents Review (Governance & Operational)  Organizational By-Laws  Policies & Procedures  Financials  Strategic Plans  Annual Operating Plans 7. Operational and Board Leadership Coaching/Consultation (On-going) 8. Board & Committee (as needed) meeting attendance (On -going) 9. Assessment Summary and Recommendations (September) 10. Capacity Building Planning & Design (October) 11. Capacity Building Project Funding Implementation Strategy & Funding Request (November) 12. Cohort Completion Celebration and Project Presentation (December) Deliverable Materials:  Believe, Think Big, Act Boldly – Human Services Capacity Building Workshop Agenda and Guiding Presentation to include; 1. Framework for Thinking Differently & Doing Differently to Achieve Greater Impact 2. Organization Readiness Self -Assessment 3. Review of CoA Priorities 4. Outline of Capacity Building Program & Applicant Requirements  Co-Designed Capacity Building Grant Program Application  Four (4) Health and Human Services 1 – 3 year strategic operations plans. Contractor Responsibilities - Coordination and alignment of the City of Aspen Capacity Building Grants program aspirational performance, regulatory and funding requirements. - Proactive communication and coordination with City of Aspen designated staff. - Provision of all aspects of scheduling and coordinating meetings, meeting supplies and meals. DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 124 Statement of Work for City of Aspen  March 3, 2023 4 Client Responsibilities - Active participation in Capacity Building Grants program implementation. - Active participation in consultant engagement by City of Aspen staff as determined necessary and appropriate. - Open, transparent and solution-focused engagement in both verbal and written communications. - Approval of operational and financial decisions related to achieving the programs funded goals in compliance with contractual, funding and regulatory obligations. - Serve as the authority and final decision maker for establishing any agreements, policies, procedures and approval of financial expenditures. Fee Schedule This engagement will be conducted for $69,750 to be paid in three installments:  Payment 1 – April 1, 2023 - $23,250  Payment 2 – July 1, 2023 - $23,250  Payment 3 – December 1, 2023 - $23,250 Upon completion of this Performance Period, Contractor and Client will have the option to continue this agreement for an additional then-stated number of months and hours at $150.00/hour. Bill To Address Client Project Manager Client Cost Center City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 John Dougherty N/A Out-of-Pocket Expenses / Invoice Procedures Client will be invoiced for the consulting services. Standard Contractor invoicing is assumed to be acceptable. Invoices are due upon receipt. Client will not be invoiced for costs associated with out-of-pocket expenses (including, without limitation, costs and expenses associated with meals, lodging, out-of-state travel and any other applicable business expenses) incurred by the consultant. DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 125 Statement of Work for City of Aspen  March 3, 2023 5 Invoices will reference this Client’s SOW Number to the address indicated above and will reflect charges for the time period being billed and cumulative figures for previous periods. Terms of payment for each invoice are due up on receipt by Client of a proper invoice. Contractor shall provide Client with sufficient details to support its invoices. Payments for services invoiced that are not received within 30-days from date of invoice will be subject to a 5% penalty per calendar month. Completion Criteria Contractor shall have fulfilled its obligations when any one of the following first occurs:  Contractor accomplishes the Contractor activities described within this SOW, including delivery to Client of the materials listed in the Section entitled “Deliverable Materials,” and Client accepts such activities and materials without unreasonable objections. No response from Client within 2-business days of deliverables being delivered by Contractor is deemed acceptance.  Contractor and/or Client has the right to cancel services or deliverables not yet provided with [20] business days advance written notice to the other party. Assumptions - Human Service Innovations will provide a hybrid approach including both in-person and virtual consulting services on a monthly basis. - This is an consultative engagement for which outcomes will be established and evaluated on an on-going basis, individualized to each participating organization, throughout the duration of the project Engagement Resources John Dougherty, Founder/Owner – Human Service Innovations, LLC With over 20 years in direct care, management and leadership John brings a depth of knowledge to HSI clients that values and respects the complex challenges health and human service organizations face from the ground level to the top. His broad range of roles and responsibilities throughout his career afford HSI clients a breadth of skills and lived experience to help them succeed in direct practice, program development, organizational operations, leadership and management, human resource development, quality assurance, strategic financing, marketing and advocacy. DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 126 Statement of Work for City of Aspen  March 3, 2023 6 Project Change Control Procedure The following process will be followed if a change to this SOW is required:  A Project Change Request will be submitted in writing. The PCR must describe the change, the rationale for the change, and the effect the change will have on the project.  Both Project Managers will review the proposed change and approve it or reject it. Contractor and Client will mutually agree upon any charges in writing and an amendment to the initial contract will be implemented and signed by the Contractor and Client. Contractor will invoice Client for any such charges.  A written Change Authorization and/or PCR must be signed by both parties to authorize implementation of the investigated changes. IN WITNESS WHEREOF, the parties hereto have caused this SOW to be effective as of the day, month and year first written above. City of Aspen Human Service Innovations By: By: Name: Patrick Quick Name: John Dougherty Title: Director, Strategy and Innovation Office Title: Owner DocuSign Envelope ID: A9A07FA9-EBC6-4473-9D42-598B6AE5E9ABDocuSign Envelope ID: 71879E9D-6863-4E09-9D76-472D61CB0760 127 MEMORANDUM TO:Mayor and City Council FROM:Desiree Whitehead, Recreation Manager THROUGH:Austin Weiss, Parks & Recreation Director MEMO DATE:March 14, 2023 MEETING DATE:March 28, 2023 RE:Resolution #043 Series 2023: Recreation Business Consultant Contract REQUEST OF COUNCIL: The Recreation Department is seeking Council approval for a contract with PROS Consulting for the update of our Recreation Business Plan. SUMMARY AND BACKGROUND: The Aspen Recreation Department has an agreement with the Recreation Advisory Committee that a Business Plan must be updated every ten years. The current Business Plan is set to be revaluated in 2025 but given the COVID-driven impacts on public recreation facilities early funding has been granted in order to proceed with an updated Business Plan in 2023.The City is also looking to move to a five-year recreation business plan rather than the ten-year recreation business plan to better address the consistently evolving nature of public recreation within the Aspen community. DISCUSSION: A Request for Proposals was sent out looking for a qualified consultant firm to submit a response for the development of a five-year Business Plan. The primary focus of the updated recreation business plan will be: •Inform decision-making regarding the operation of all components of the identified recreation facilities and fees structure. •Provide an analysis of current programming and fee schedules of programming, and recommendations for the future, to ensure financial sustainability and programming continuity. •Identify internal and external partners, responsibilities, and processes to strengthen collaboration to deliver high quality community recreational services. •Provide a cost recovery analysis and make recommendation for a preferred subsidy model bases on industry standards of like communities. •Any other recommendations to help ensure the long-term financial sustainability of the facility and its programming. 128 FINANCIAL IMPACTS: The $74,920 contract is being funded out of the Recreation’s 2023 Budget, within the General Fund, though a one-time supplemental appropriation of $80,000. PROS Consulting has worked with Aspen Recreation in 2015 to provide the current business plan so they are familiar with the unique challenges of the Aspen community and surrounding areas. This firm provided a strong proposal that accurately addressed the scope of the City’s RFP at a more affordable price. ALTERNATIVES: Council could direct staff to go back and re-evaluate all the bids to identify other alternatives or to re-post the RFP and seek other proposals. RECOMMENDATIONS: Recreation Staff recommendsapproval of the contract with PROS Consulting for the 2023 Recreation Business Plan. CITY MANAGER COMMENTS: 129 RESOLUTION #043 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND PROS CONSULTING 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 City of Aspen Recreation Business Plan, between the City of Aspen and PROS Consulting, 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 between the City of Aspen and PROS Consulting 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 28th day of March 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, March 28, 2023. Nicole Henning, City Clerk 130 Agreement Professional Services Page 0 Aspen Recreation Business Plan CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2022-351. AGREEMENT made this 10 day of March, in the year 2023. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Pros Consulting c/o Leon Younger 35 Whittington Dr. Suite 300 Brownsburg, Indiana 46112 For the Following Project: ______________________________________ Exhibits appended and made a part of this Agreement: If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: ___________________________ Resolution No.:___________________ Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Total: $74,920 DocuSign Envelope ID: BD70990D-D563-4BC9-B153-352632993356 131 Agreement Professional Services Page 1 The City and Professional agree as set forth below. 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than September 2023. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. DocuSign Envelope ID: BD70990D-D563-4BC9-B153-352632993356 132 Agreement Professional Services Page 2 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain DocuSign Envelope ID: BD70990D-D563-4BC9-B153-352632993356 133 Agreement Professional Services Page 3 insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement DocuSign Envelope ID: BD70990D-D563-4BC9-B153-352632993356 134 Agreement Professional Services Page 4 to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or DocuSign Envelope ID: BD70990D-D563-4BC9-B153-352632993356 135 Agreement Professional Services Page 5 religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101 Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21- 1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(III) as it relates to the employment of and contracting with a “worker without authorization” which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a Professional who knowingly hires with a worker without authorization to perform work under the contract. The law also requires that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). 3. "Public Contract for Services" means this Agreement. DocuSign Envelope ID: BD70990D-D563-4BC9-B153-352632993356 136 Agreement Professional Services Page 6 4. "Services" means the furnishing of labor, time, or effort by a Professional or a subprofessional not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 5. “Worker without authorization” means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States By signing this document, Professional certifies and represents that at this time: 1. Professional shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and 2. Professional has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not workers without authorization. Professional hereby confirms that: 1. Professional shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Professional shall not enter into a contract with a subprofessional that fails to certify to the Professional that the subprofessional shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Professional has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Professional shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. If Professional obtains actual knowledge that a subprofessional performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Professional shall: 1. Notify such subprofessional and the Owner within three days that Professional has actual knowledge that the subprofessional is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subprofessional if within three days of receiving the notice required pursuant to this section the subprofessional does not stop employing or contracting with the worker without authorization; except that Professional shall not terminate the Public Contract for Services with the subprofessional if during such three days the subprofessional provides information to establish that the subprofessional has not knowingly employed or contracted with a worker without authorization. DocuSign Envelope ID: BD70990D-D563-4BC9-B153-352632993356 137 Agreement Professional Services Page 7 Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5-102 (5), C.R.S. If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual damages to the Owner arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. 17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and DocuSign Envelope ID: BD70990D-D563-4BC9-B153-352632993356 138 Agreement Professional Services Page 8 4. Recover such value from the offending parties. 18. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 19. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 20. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 21. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. DocuSign Envelope ID: BD70990D-D563-4BC9-B153-352632993356 139 Agreement Professional Services Page 9 22. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 23. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. 24. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 25. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 26. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 27. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] DocuSign Envelope ID: BD70990D-D563-4BC9-B153-352632993356 140 Agreement Professional Services Page 10 By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approve as to Form: _____________________ City Attorney General Conditions and Special Conditions can be found on City of Aspen Website. Purchasing | Aspen, CO DocuSign Envelope ID: BD70990D-D563-4BC9-B153-352632993356 3/13/2023 | 12:24:47 PM PDT President LEON YOUNGER 141 Agreement Professional Services Page 11 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT Full details in attached bid proposal DocuSign Envelope ID: BD70990D-D563-4BC9-B153-352632993356 142 Agreement Professional Services Page 12 EXHIBIT B PROFESSIONAL SERVICES AGREEMENT Fee Schedule DocuSign Envelope ID: BD70990D-D563-4BC9-B153-352632993356 143 MEMORANDUM TO: Mayor and City Council FROM: Courtney DeVito, Human Resources Director THROUGH: Alissa Farrell, Administrative Services Director MEMO DATE: March 17, 2023 MEETING DATE: March 28, 2023 RE: Resolution #045, Series 2023 – Professional Services Agreement with Parker, Smith and Feek (PSF) for Consulting of Employee Benefit Services. REQUEST OF COUNCIL: The purpose of this memo is for City Council approval of a professional services agreement with Parker, Smith and Feek (PSF) for consulting of employee benefit services. (Attachment A) SUMMARY AND BACKGROUND: The employee health benefit package offered b y the City of Aspen plays a critical role in recruitment and retention and is a large part of our Total Compensation Philosophy (TCP) (Attachment C). The primary goal is to continually ensure that employees have access to a comprehensive and competitive benefits package, that the benefits provided are fiscally responsible, meet the city’s core values, and align with industry best practices. In order to do so, the Human Resources (HR) department works with a health benefit broker to recommend strategic plan initiatives for the city’s partially self-funded plan, align marketing and communication strategies for city employees, and provide overall administration and health management of the city’s benefit plans. With the current challenges associated with the state of health care, and as the city continues to grow, transitioning to Parker Smith and Feek (PSF) is recommended by staff. PSF currently serves as the benefits consultant for the Valley Health Alliance (VHA) along with other organizations in the Roaring Fork Valley including Aspen Valley Hospital and Pitkin County. Additionally, staff collaborate with the VHA and have worked diligently with PSF on multiple occasions through the VHA. PSF has an understanding of city employee needs and of the city’s current plan by working as a vendor with the VHA. Moreover, PSF has insight into solution-based metrics for the city’s benefit plans, and plan improvement ideas related to the city’s wellness program and city communications. DISCUSSION: The city’s Human Resources staff manages the full cycle of benefits for city employees including, medical, dental, life insurance, accidental death and dismemberment (AD&D), disability, vision insurance, along with the city’s wellness program, and health reimbursement options. By collaborating with PSF, staff will be able 144 to refine benefit plan options to allow for further strategic, innovative, and competitive options along with continuing to provide fiscal management through claim cost solutions. PSF will provide the city with reporting on usage, cost effectiveness of benefit revisions, and adherence to overall budget and opportunities for benefit plan improvement. From a benefits cost management standpoint, PSF will also deliver future projections of costs and development of estimated annual claim funding levels. By modeling impacts to the city’s benefit plan budget via plan design changes and impact of provider networks, PSF will allow the city to choose the most cost-effective and high performing vendors and providers. This includes but is not limited to further evaluation of the current pharmacy benefit manager and their contract with the City of Aspen. The impact to city staff with a new benefit consultant will be minimal if at all noticeable. The timing of this change from our previous broker, Lockton, would be April 1, 2023, in order to begin benefit planning strategy sessions for 2024. FINANCIAL IMPACTS: The agreement with Parker, Smith and Feek will have an annual fee of $82,000 for 2024. Funding will come from the 501 Employee Benefits Fund. ALTERNATIVES: Council could request an alternative selection process. RECOMMENDATIONS: Staff recommends Council approve the sole source contract through Resolution #045, Series 2023 (Attachment B) for professional services with Parker, Smith and Feek. ATTACHMENTS: A: Professional Services Agreement with Parker, Smith and Feek B: Resolution #045, Series 2023 C: Total Compensation Philosophy CITY MANAGER COMMENTS: 145 146 RESOLUTION #045 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND PARKER, SMITH AND FEEK AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHERAS, the City of Aspen has the need for market competitive employee benefits; WHERAS, for employee benefits to remain successful and attractive in recruitment and retention, consulting strategy is required; WHEREAS, there has been submitted to the City Council a contract between the City of Aspen and Parker, Smith and Feek, 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 between the City of Aspen and Parker, Smith and Feek, 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 28rd day of March 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, ___________2021. Nicole Henning, City Clerk 147 148 Agreement Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2023-160 AGREEMENT made this 15 day of March, in the year 2023. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Parker, Smith & Feek Insurance, LLC 2233 112th Avenue NE Bellevue, WA 98004 Phone: 425.709.3600 For the Following Project: Health Insurance Broker Change Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: __March/April 2023____________ Resolution No.:___________________ Exhibit A: Fee Agreement Total: $82,000 149 Agreement Professional Services Page 1 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 2023. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to 150 Agreement Professional Services Page 2 use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any 151 Agreement Professional Services Page 3 claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary 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 certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies 152 Agreement Professional Services Page 4 shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete 153 Agreement Professional Services Page 5 performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101 Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21- 1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(III) as it relates to the employment of and contracting with a “worker without authorization” which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a Professional who knowingly hires with a worker without authorization to perform work under the contract. The law also requires that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "Services" means the furnishing of labor, time, or effort by a Professional or a subprofessional not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 5. “Worker without authorization” means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States By signing this document, Professional certifies and represents that at this time: 1. Professional shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and 154 Agreement Professional Services Page 6 2. Professional has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not workers without authorization. Professional hereby confirms that: 1. Professional shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Professional shall not enter into a contract with a subprofessional that fails to certify to the Professional that the subprofessional shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Professional has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Professional shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. If Professional obtains actual knowledge that a subprofessional performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Professional shall: 1. Notify such subprofessional and the Owner within three days that Professional has actual knowledge that the subprofessional is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subprofessional if within three days of receiving the notice required pursuant to this section the subprofessional does not stop employing or contracting with the worker without authorization; except that Professional shall not terminate the Public Contract for Services with the subprofessional if during such three days the subprofessional provides information to establish that the subprofessional has not knowingly employed or contracted with a worker without authorization. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5-102 (5), C.R.S. If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual damages to the Owner arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. 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. 155 Agreement Professional Services Page 7 If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. 17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 18. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 19. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. 156 Agreement Professional Services Page 8 (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 20. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 21. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 22. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 23. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. 24. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 25. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently 157 Agreement Professional Services Page 9 debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 26. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behal f of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 27. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ __Jim Chesemore_____________ [Signature] [Signature] By: _____________________________ By: _Jim Chesemore__________________ [Name] [Name] Title: ____________________________ Title: ___Senior Vice President__________ Date: ___________________ Date: ___3/21/23________________ Approve as to Form: _____________________ City Attorney General Conditions and Special Conditions can be found on City of Aspen Website. Purchasing | Aspen, CO 158 1 FEE AGREEMENT For Standard Services Prepared For City of Aspen This Fee Agreement (this “Agreement”) is made on this 15th day of March, 2023, by and between Parker, Smith & Feek Insurance, LLC, a Kansas LLC (“PS&F”), and City of Aspen (City of Aspen). City of Aspen wishes to enter into an employee benefits relationship with PS&F with the terms and conditions set forth in this Agreement, and PS&F is willing to accept such a relationship. In consideration of the fee compensation outlined in Exhibit 2, and the terms and conditions contained in this Agreement, City of Aspen and PS&F agree as follows: 1. Engagement City of Aspen engages PS&F as its employee benefits representative as stated in this Agreement and PS&F accepts this engagement. During the time that PS&F is performing services for City of Aspen under this Agreement, and for all purposes outlined in this document, PS&F’s status will be that of an independent contractor of City of Aspen. 2. Term and Termination The Effective Date of this Agreement is April 1st, 2023; the term of PS&F’s engagement under this Agreement (the “Engagement Period”) will begin as of the Effective Date and will remain in effect until a mutually agreed update by both parties. Either party may terminate this Agreement by giving the other party at least thirty (30) days written notice of its intent to terminate. 3. Scope of Services PS&F will provide standard employee benefits services to City of Aspen and consult with its employees, representatives, agents and contractors as to such matters as more fully described in Exhibit 1 attached to this Agreement and incorporated herein. These services are being provided for a fee in lieu of commission, as specified in Exhibit 2. PS&F will perform other services as mutually agreed to in writing by City of Aspen and PS&F. PS&F warrants that they will provide adequate staffing with individuals who are qualified to perform the scope of services outlined in Exhibit 1. Changes to Client team will not be made without mutual agreement between Client and PS&F. 4. Performance and Scope (a) PS&F Not a Fiduciary under ERISA. To the extent that any of City of Aspen’s employee benefit plans are subject to the Employee Retirement Income Security Act, (ERISA), as amended and in spite of any other provision of this Agreement to the contrary, the parties agree and acknowledge that: (i) PS&F’s services under this Agreement are not intended in any way to impose on PS&F or any of its affiliates a fiduciary status under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) ; and 159 2 FEE AGREEMENT For Standard Services (ii) this Agreement does not provide PS&F, and City of Aspen will not cause or permit PS&F to assume, without prior written consent of PS&F, any: (A) discretionary authority or discretionary control respecting management of any “employee benefit plan” within the meaning of Section 3(3) of ERISA (an “ERISA Plan”), (B) authority or control respecting management or disposition of the assets of any ERISA Plan, or (C) discretionary authority or discretionary responsibility in the administration of any ERISA Plan. (b) Reliance. In the performance of its duties, PS&F may rely upon, and will have no obligation to independently verify the accuracy, completeness, or authenticity of, any written instructions or information provided to PS&F by City of Aspen or its designated representatives and reasonably believed by PS&F to be genuine and authorized by City of Aspen. (c) No Practice of Law. PS&F will not be obligated to perform, and City of Aspen will not request performance of, any services which may constitute unauthorized practice of law. City of Aspen will be solely responsible for obtaining any legal advice, review or opinion as may be necessary to ensure that its own conduct and operations, including the engagement of PS&F under the scope and terms as provided herein, conform in all respects with applicable State and Federal laws and regulations (including ERISA, the Internal Revenue Code, State and securities laws and implementing regulations) and, to the extent that City of Aspen has foreign operations, any applicable foreign laws and regulations. (d) Subcontractors. PS&F may cause another person or entity, as a subcontractor of PS&F, to provide some or all of the services required to be performed by PS&F hereunder. If subcontractors are used, PS&F will disclose to City of Aspen, in writing the nature of PS&F’s relationship with the subcontractor. (e) Conflict of Interest. PS&F’s engagement under this Agreement will not prevent it from taking similar engagements with others who may be competitors of City of Aspen. PS&F will, nevertheless, exercise care and diligence to prevent any actions or conditions which could result in a conflict with City of Aspen’s best interest. (f) Acknowledgements. In connection with PS&F’s services under this Agreement, City of Aspen agrees that: (i) Although PS&F will apply its professional judgment to access those insurance companies it believes are best suited to insure City of Aspen’s risks, there can be no assurance that the insurance companies PS&F has 160 3 FEE AGREEMENT For Standard Services accessed are the only or are the best suited ones to insure City of Aspen’s risks. (ii) The final decision to choose any insurance company has been made by City of Aspen in its sole and absolute discretion. City of Aspen understands and agrees that PS&F does not take risk, and that PS&F does not guarantee the financial solvency or security of any insurance company. (iii) The compensation payable to PS&F is solely for the services set forth under this Agreement, including Exhibit 1. (iv) City of Aspen is responsible for immediate payment of PS&F’s fees and payment of premiums for all insurance placed by PS&F on City of Aspen’s behalf. If any amount is not paid in full when due, including premium payments to insurance companies, that nonpayment will con stitute a material breach of this Agreement that will allow PS&F to immediately terminate this Agreement, at its option, without notice to City of Aspen, and may allow an insurance company for City of Aspen’s risks to cancel any applicable policies in accordance with the terms of such policies. 5. Confidentiality (a) City of Aspen Information. PS&F recognizes that certain confidential information may be furnished by City of Aspen to PS&F in connection with its services pursuant to this Agreement (“Confidential Information”). PS&F agrees that it will disclose Confidential Information only to those who, in PS&F’s reasonable determination, have a need to know such information. Confidential Information will not include information that (i) is or becomes publicly available other than as a result of a breach of this Agreement by PS&F, or (ii) is or can be independently acquired or developed by PS&F without violating any of its obligations under this Agreement. However, disclosure by PS&F of any Confidential Information pursuant to the terms of a valid and effective subpoena or order issued by a court of competent jurisdiction, judicial or administrative agency or by a legislative body or committee will not constitute a violation of this Agreement. (b) HIPAA Privacy. In spite of Sections 5(a) above, PS&F and City of Aspen will each comply with any prohibitions, restrictions, limitations, conditions, or other requirements to the extent they apply to them directly or indirectly pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulation concerning privacy of individually identifiable health information as set forth in 45 CFR Parts 160 -164, as amended from time to time. As required under HIPAA, Client and PS&F will enter into a separate Business Associate Agreement. (c) Use of Names; Public Announcements. No party will use, in any commercial manner, the names, logos, trademarks or other intellectual property of the 161 4 FEE AGREEMENT For Standard Services other party without its prior written consent. Except as may be required by law, no party will issue any press releases or make any public announcements of any kind regarding the relationship between the parties without the other party’s prior consent. 6. Indemnification (a) PS&F agrees to indemnify, defend, protect, save, and hold harmless City of Aspen from any and all loss, cost, damage, or exposure arising from the negligent acts or omissions of PS&F. 7. Notices Any notices, requests and other communications pursuant to this Agreement will be in writing and will be deemed to have been duly given, if delivered in perso n or by courier, telegraphed, by facsimile transmission or by electronic transmission (e-mail) (provided that the sender received electronic confirmation of receipt by recipient) or sent by express, registered or certified mail, postage prepaid, FEDEX, or UPS addressed as follows: If to City of Aspen: City of Aspen 427 Rio Grande Place Aspen, CO 81611 Phone: 970-920-5000 Courtney DeVito , Human Resources Director courtney.devito@aspen.gov If to PS&F: Parker, Smith & Feek Insurance, LLC 2233 112th Avenue NE Bellevue, WA 98004 Phone: 425.709.3600 Executive: Jim Chesemore Executive email: jrchesemore@psfinc.com Either party may, by written notice to the other, change the address to which notices to such party are to be delivered or mailed. 8. Miscellaneous (a) Severability. The various provisions and sub-provisions of this Agreement are severable and if any provision or sub-provision or part thereof is held to be unenforceable by any court of competent jurisdiction, then such enforceability will not affect the validity or enforceability of the remaining provisions or sub - provisions or parts thereof in this Agreement. (b) Entire Agreement; Amendment. This Agreement, including all exhibits hereto, constitutes the entire agreement between the parties and supersedes all prior 162 5 FEE AGREEMENT For Standard Services agreements and understandings, whether oral or written, between the parties regarding the subject matter hereof. This Agreement may be modified or amended only by a written instrument executed by both parties. (c) Governing Law; Rule of Construction. This Agreement will be construed, interpreted and enforced in accordance with the laws of the State of Colorado without giving effect to the choice of law principles thereof or any canon, custom or rule of law requiring construction against the drafter. (d) Successors. This Agreement shall be binding upon and shall inure to the benefit of all assigns, transferees and successors in the interest of the parties hereto. (e) Counterparts. This Agreement may be executed by the parties in several counterparts, each of which shall be deemed to be an original copy. (f) Survival of Provisions. Sections 5 and 6 will survive the termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Fee Agreement to be duly executed on the date first written above. City of Aspen By: Name: Courtney DeVito Title: Human Resources Director Date: Parker, Smith & Feek Insurance, LLC By: Jim Chesemore Name: Jim Chesemore Title: Senior Vice President - Account Executive Date: 3/15/23 163 6 FEE AGREEMENT For Standard Services Exhibit 1 Scope of Services Strategy ▪ Schedule annual benefits strategy session with associated benefit planning. ▪ Review strategy on a regular basis, with updates to plan and performance measures. ▪ Provide annual report of plan performance with benchmarks for use by PS&F and City of Aspen in benefit planning, including financials, benefit utilization, plan design, competitive benchmarks, and educational opportunities. ▪ Review City of Aspen’s business objectives and challenges to ensure benefit solutions are in support of organizational goals. Report of Plan Performance ▪ Provide monthly reporting of plan performance designed to meet City of Aspen’s needs. Analysis of plan utilization by benefit (medical, prescription, dental), compared with budgets. Analysis of outliers, large individual claimants, administration and insurance costs. ▪ Prepare annual report including plan use, effect of benefit changes, adherence to budget, opportunities for improvement, etc. ▪ Analyze plan performance based on utilization benchmarks to identify and measure the impact of benefit design changes or anticipated benefit design changes through Decision Master Warehouse tool. Renewal & Financial Management ▪ Schedule pre-renewal meeting to discuss cost projections, plan performance, large claimants, vendor performance, plan design, and employee satisfaction. ▪ Procure renewals from vendors and negotiate terms on behalf of City of Aspen. ▪ Present renewals to City of Aspen no later than 120 days prior to renewal date, or other mutually agreed upon dates to meet City of Aspen’s needs. Review with City of Aspen the requested terms of the renewals and how they do/do not meet City of Aspen’s needs. Work with City of Aspen and vendor to come to mutual agreement on terms, benefits and cost. Stop Loss renewal may be presented later based on the requirements of the carrier, with timing to be agreed upon by City of Aspen and PS&F. ▪ Communicate with vendor accepted terms and conditions of the renewal. Financial Management Services ▪ Projections of future costs and development of estimated annual claim funding levels. ▪ Assistance in development of your benefit plan budget. Presentation of budget figures to your executive group, as required. ▪ Model the impact of benefit design change, vendor change, impact of provider networks. ▪ Model employee contributions and work with you on strategy for employee cost sharing. ▪ Develop payroll deductions based on strategy, and provide COBRA rates. ▪ Annual development of incurred but not reported reserves including working with your auditors and finance department to explain methodology. 164 7 FEE AGREEMENT For Standard Services Communication and Employee Education ▪ Prepare annual open enrollment materials including open enrollment newsletter, benefit summary, payroll deductions and contact information. ▪ Conduct open enrollment meetings with employees or other meetings as needed to educate employees about significant benefit changes (in-person, via webinar or conference call, if appropriate). ▪ Prepare annual open enrollment materials for COBRA participants. ▪ Work with City of Aspen to develop regular employee communication and educational materials, including fliers, newsletters, payroll stuffers, posters, etc. in support of employee benefit plans or health and wellness initiatives. ▪ Assess best communication pathway – print, online, etc. ▪ Develop, with City of Aspen, employee surveys to determine employee satisfaction and current understanding of the benefit plans. ▪ Prepare vendor contact cards for employees. Plan Marketing When new vendors are needed, either due to financial, customer service or other needs, PS&F will: ▪ Work with City of Aspen to clearly define marketing objectives. ▪ Develop a detailed action timetable. ▪ Identify all suitable vendor alternatives . ▪ Leverage our vendor relationships to negotiate the right terms and the right price. ▪ Create and present to City of Aspen a detailed report and comparative analysis of best qualified options, based on objectives. ▪ Identify the advantages and risks of alternatives. ▪ Recommend vendors who provide the best solution to meet City of Aspen needs. Implementation ▪ Prepare necessary carrier documentation for either new vendors or renewals. ▪ Work with vendor and City of Aspen on billing and eligibility. ▪ Work with vendor and City of Aspen on payment options and assist in setting up banking, if needed. ▪ Develop implementation checklist and ensure all items are completed in a timely manner ▪ Participate in the implementation process to ensure agreed upon terms and processes are in City of Aspen’s best interest. Lend our expertise on implementation issues and benefit considerations. Administration ▪ Review all contracts prior to City of Aspen’s review and signature. ▪ Periodic review of administrative processes to ensure they meet City of Aspen’s needs. ▪ Troubleshoot administrative issues on behalf of City of Aspen (billing, eligibility, ID cards, etc.). ▪ Provide online legislative guides for COBRA, HIPAA, FMLA, Section 125, multi-state benefits and other Human Resources mandates. ▪ Serve as advocate and employee resource for benefit questions and claim issues. 165 8 FEE AGREEMENT For Standard Services Compliance and Market Updates ▪ Serve as a resource for compliance needs . ▪ Review current procedures to ensure plan is in compliance with relevant government requirements as they relate to benefits or eligibility. ▪ Provide timely updates on legislative changes that effect City of Aspen and/or your employees. ▪ Provide access to online resource library with information on benefits, Human Resources, insurance and general health topics. ▪ Give advice on compliance options and the effect the change will have on benefits or eligibility. ▪ Provide sample notices and forms, personalized to City of Aspen and ready for use or distribution. ▪ Provide regular updates of market trends in benefit design, funding, health management tools. ▪ Prepare signature ready electronic Form 5500, if applicable. eResources PS&F will make available to City of Aspen on-line tools that can enhance and ease their benefit administration, compliance and administration. ▪ My Wave: Provide access to this website that provides City of Aspen’s benefits team with time-saving tools and resources to assist in benefit plan administration. ▪ Decision Master Warehouse: Provide detailed DMW data for their use in benefit planning or claim analysis. Most DMW work will be performed by PS&F based on our observations and any desired drill down data as requested by City of Aspen. We can provide City of Aspen with access to the data for additional reporting if desired. ▪ HR Technology Advisors – Provide access to HR and benefit technology consultants who will work with City of Aspen to develop a strategy, select a vendor and implement solutions for using technology to streamline HR and benefit administration, including full-service payroll and HRIS systems. Health Management ▪ Review the current health management programs (TPA offerings, EAP, disease management, etc.) and available reports. ▪ Work with City of Aspen to assess data to determine opportunities for health improvement. ▪ Report results of assessment and possible solutions, based on your culture, budget and employee’s receptivity to change. ▪ Work with HR to create a wellness committee, and work with committee to set objectives, budgets and hire vendors, as needed. ▪ Work to establish baseline with which to measure success, and assist in annual review of program performance compared with success definition. ▪ Perform employee interest survey and report findings. ▪ Review biometric data on an aggregate basis for health status and trends. ▪ Provide educational materials and monthly newsletters, upon request. 166 9 FEE AGREEMENT For Standard Services Exhibit 2 Fee Compensation Subject to any changes in services that may be mutually agreed to by both parties, Parker, Smith & Feek Insurance, LLC, Inc. will receive an annual compensation fee of $82,000 for its services under this agreement. The fee is valid for one year and will be adjusted at a rate of 2% annually thereafter, unless The City of Aspen requests additional services. If a carrier will not net out a Commissions – Parker, Smith & Feek, LLC will offset the commissions against the flat fee. Our compensation includes travel expenses. Our Fee or the commissions we are entitled to receive may be adjusted over time or revised if you request a change in the coverages and/or services during the Term of this agreement. Any change in coverages, services or compensation must be documented via written agreement. Parker, Smith & Feek prides itself on transparency. Under certain circumstances PS&F might receive contingent payments from insurance carriers based on the performance of their book of business. The carriers we propose to you are in no way a reflection of the contingencies that we may or may not receive. We are happy to provide you with further information. 167 CITY OF ASPEN Total Compensation Philosophy 1 | City of Aspen TCP Total Compensation Philosophy OVERVIEW The City of Aspen’s Total Compensation Philosophy provides a framework to guide decision-making on compensation and benefits programs for employees. As an employer of choice, the City encourages an engaged and innovative workforce through a Total Compensation Philosophy that supports highly competitive and equitable pay. Employees that embody the City’s values and mission enjoy a unique and rewarding mountain culture experience. City of Aspen EXPERIENCE The City is committed to providing a Total Compensation Philosophy that attracts, retains, and rewards a talented and motivated workforce that embraces the City’s Mission statement and Organizational Values. MISSION STATEMENT To engage with positive civil dialogue, provide the highest quality innovative and efficient municipal services, steward the natural environment, and support a healthy and sustainable community for the benefit of future generations with respect for the work of our predecessors. ORGANIZATIONAL VALUES SERVICE: We serve with a spirit of excellence, humility, integrity, respect PARTNERSHIP: Our impact is greater together STEWARDSHIP: Investing in a thriving future for all by balancing social, environmental, and financial responsibilities INNOVATION: Pursuing creative outcomes, grounded in Aspen’s distinctive challenges and opportunities The City invites employees to bring their passion and experience to affect positive change through public service. Diverse perspectives, rich ideas, and a culture with an appreciation for individuality and a sense of belonging are reinforced and appreciated in the City. To pursue creative outcomes, demonstrate excellence, and address the distinctive opportunities found in Aspen, the City recruits qualified and talented employees who are prepared to manage complex and highly technical challenges. 168 CITY OF ASPEN Total Compensation Philosophy 2 | City of Aspen TCP HOW WE COMPARE OURSELVES To respond to the unique Aspen environment and labor market conditions, the City will: • Ensure we are a market leader locally, regionally, and as appropriate, nationally. • Utilize a comparable labor market that includes both private and public sectors, as appropriate. • Regularly evaluate the City’s competitive labor market and compare similar positions to other organizations whom the City competes with for its workforce. WHAT WE OFFER To achieve a sustainable, fiscally responsible, and highly competitive compensation program, the City will provide the following core Total Compensation programs to City of Aspen employees: PAY  • Market-leading pay structures that consider the high cost of living in Aspen and the surrounding area. • Pay for similar work that is equitable both internally and externally and applied consistently across the organization. • Meaningful merit/performance increases that recognize employee’s contributions and reflect the varying levels of employee achievements. HEALTHY LIFESTYLE BENEFITS  • Comprehensive and competitive benefits programs designed to support the health of City employees and their families. • Robust employee benefits that encourage awareness of individual health and offer resources to pursue healthy lifestyles. • Benefits that are inclusive and meaningful at a variety of life stages.  • Work-life balance enhancements through offerings such as alternative work schedules, employee wellness programs, and ancillary benefit programs. PAY COMMUNICATION • Clarity and transparency in managing the total compensation system. • Communication of the value of the total compensation package offered to City employees. • Guidance and oversight in pay decisions to ensure fairness and consistency. 169 CITY OF ASPEN Total Compensation Philosophy 3 | City of Aspen TCP WHAT WE OFFER - CONTINUED PROFESSIONAL DEVELOPMENT & CONTINUOUS LEARNING  The City seeks to retain and develop employees by providing opportunities for learning and professional development. The City and employees both play critical roles in maintaining the success of a professional development culture. • Foster a positive work environment that is meaningful, stimulating, and encourages employee innovation and creativity. • Provide a range of learning and professional development opportunities for all employees that support personal and professional growth. • Offer ongoing and timely communication to employees on their performance, goals, and professional development throughout the year. REWARDS & RECOGNITION • Acknowledge and celebrate employees’ contributions that align with the City’s mission statement and organizational values.   • Provide financial and non-financial incentives for extraordinary and exemplary performance. • Reward employees by offering learning opportunities to promote professional growth and development. HOUSING SUPPORT • Respond to the high cost of living and lack of affordable housing through an array of housing program options. • Review creative and innovative opportunities on an ongoing basis to further enhance employee support with housing challenges. 170 MEMORANDUM TO:Aspen City Council FROM:Sara Ott, City Manager MEMO DATE:March 21, 2023 MEETING DATE:March 28, 2023 RE:Master Agreement with the Aspen Chamber Resort Association (ACRA) for Destination Marketing, Special Event Production, Visitor Services, and Office Space Leasing REQUEST OF COUNCIL:City Council consideration is requested of a master agreement with the Aspen Chamber Resort Association (ACRA) for several services in order to meet voter expectations from the passage of lodging sales taxes. SUMMARY AND BACKGROUND: For several decades, ACRA has served the Aspen community as the preferred provider for services associated with promotion of Aspen, Colorado, as a destination worthy resort community. This has been accomplished through three separate agreements with the City and ACRA – one for destination marketing, one for visitor centers and event production, and one for administrative office space leasing. In 2021, the City and ACRA staff agreed the community would be best served through a new master agreement to look comprehensively at the services requested by the City and align key terms. In 2022 and early 2023, staff from ACRA and the City collaborated to prepare the proposed agreement. City Council provided two temporary extensions of existing agreements to allow 90 additional days for negotiations in late 2022 and early 2023. DISCUSSION:Below is a summary of the key terms of the new master agreement, and two scope of service attachments. Master Agreement 1. Term. 5-years with a 5-year automatic renewal, unless 180 days' notice for non- renewal. First term commences retroactively to January 1, 2023. 2. Budgeting, independent auditing of ACRA and reporting of financial and programmatic activities. Conditions around the presentation of budget for use of funds, use of audits, and regular reporting are clarified. 3. Contribution to City’s sales tax auditing expenses. ACRA will pay the City 1.5% of the lodge tax visitor promotion receipts, up to $100K to cover the costs of sale tax auditing by the City’s finance department. 171 4. Reserves. A reserve of $300K is required to be maintained within the City’s books, with conditions in which ACRA can request the funds due to the economic downturn. 5. Equal Access. ACRA commits to ensuring equal access to its destination marketing and visitor center services to businesses in/servicing Aspen’s tourism economy. Destination Marketing and Visitor Center Operations Scope of Services (exhibit A) 1. Destination Marketing Plan and Implementation. Annual plan and budget presented to City Council annually. 2. Events. Production of Food & Wine Classic and Wintersköl. 3. Marketing Committee. Appointment of two city staff, by the city manager, to the ACRA marketing committee. 4. Visitor Centers. Provision of at least two visitor centers with minimum hours and reporting. The primary center will move to the Armory in 2023. ACRA is evaluating the feasibility of continuing to use the existing pavilion on the pedestrian mall, or whether a replacement option is needed in the future. This agreement allows for flexibility based upon the findings of the evaluation. The City may incur costs for the demolition of the existing pavilion if it has reached the end of its useful life. 5. Destination Marketing Ticketed Events. Complimentary admission to presentations, meetings, etc. that are ticketed when updates to the destination marketing plan, research projects, etc. are presented. (Note this does not include events produced by third parties, in which destination marketing funds are utilized as a local sponsor.) 6. U.S. Forest Service Partnership. ACRA and the City wish to enter into an agreement with the U.S. Forest Service to increase the accessibility, stewardship and programming available in Aspen regarding surrounding federal lands. This includes educational efforts, permit access, mass transit to Maroon Bells, public land etiquette. This agreement will require separate approval from City Council. Preliminary discussions with the U.S. Forest Service have been positive and welcoming for this collaboration. All expenses in providing these services will be paid with lodging tax revenues. Facility Lease General Terms for 130 S. Galena Street, Aspen Scope (exhibit B) The facility lease general terms provide a framework for the City and ACRA to complete detailed lease terms for the time period before, during, and after the renovation of the Armory. A separate lease with final terms will be negotiated over the next several weeks and require Council’s approval as an amendment to this exhibit. Overall, the term of the lease will be consistent with the term of the master agreement. 172 Prior to Armory Renovation 1. Location within the Armory. ACRA will rent space for administrative office use on the first floor of the Armory. Visitor center will also be on the first floor. 2. The City will provide modest renovations to the space such as paint, flooring and minor circulation changes. 3. Moving Costs. The City will split the cost of moving expenses from the Old Powerhouse to the Armory 50/50, with a city contribution limited up to $7,500 from the General Fund. Moving costs later on will be budgeted for in the destination marketing plan. 4. Rent. Rent is discounted to annual rate of $23.37 sf, with no escalation prior to renovation. The deferral of the escalation is in recognition of the condition of the Armory and that during Armory renovation, the ACRA is likely to need to secure free market office and visitor center space. During Armory Renovation 5. Relocation. The City will provide ACRA with a first right of refusal on office and visitor center space, that if owned by the City and not needed for other City business, is available and meets the needs of ACRA. In most scenarios, staff does not anticipate having a location to temporarily relocate ACRA offices or the main visitor center during the renovation. After Armory Renovation 6. The City and ACRA will negotiate in good faith to identify an appropriate rental rate that takes into consideration the upgrade to the office space and provides a discount from the free market due to the non-profit nature of ACRA. 173 FINANCIAL IMPACTS: In 2000 and 2010, Aspen voters passed 1.0% lodging taxes for tourism promotion and transportation, for a total lodging tax rate of 2.0%. The voter approvals split the revenues to 75% to visitor promotion and 25% to public transit through the Roaring Fork Transit Authority. Historical revenue collections are below. YEAR TOTAL LODGING TAX REVENUE TOURISM PROMOTION SPLIT OF 75% 2012 $ 2,368,283 $ 1,776,212 2013 $ 2,555,331 $ 1,916,498 2014 $ 2,885,188 $ 2,163,891 2015 $ 3,189,844 $ 2,392,383 2016 $ 3,514,720 $ 2,636,040 2017 $ 3,653,810 $ 2,740,358 2018 $ 3,689,936 $ 2,767,452 2019 $ 3,884,556 $ 2,913,425 2020 $ 3,023,343 $ 2,267,507 2021 $ 3,285,735 $ 2,464,301 2022*$ 5,826,354 $ 4,369,766 2023**$ 3,995,250 $ 2,996,438 *The 2022 revenue collections have not been audited as of the publication of this memo. ** Projected revenues included in the 2023 adopted budget. Sources: 2021 City of Aspen Comprehensive Financial Report, December 2022 Sales Tax Report, and 2023 Adopted Budget In this agreement, several costs previously born by the City’s General Fund have been moved into the destination marketing plan and will be funded from the lodging tax revenues. This includes all costs associated with ACRA’s event production for Food & Wine Classic and Winterskol, and the visitor center operations and staffing. In recognition of the change the City agrees that at a minimum 62% of revenues must be directly spent on marketing, with the balance available for ACRA’s overhead and staffing expenses. This is a slight adjustment from previous agreements. Further, in the remodeled Armory, ACRA will be provided with a basic space and the destination marketing plan will include the cost of any additional furniture, fixtures, branding, etc. necessary to complete the space. 174 Council should anticipate a spring supplemental request for $200K from the asset management plan fund for the modest renovations of the first floor of the Armory to support ACRA’s use. The Council may wish to note that there are outstanding obligations with ACRA related to destination marketing activities in 2022. First, through the General Fund appropriations in 2020, $200K was authorized as an advance in support of covid response efforts in the business community. One-third of this balance was forgiven by the City Council, leaving a balance of $133,334. This balance was paid off in December 2022. Further, City Council authorized the release of the $300K reserve in the Lodging Fund for covid response efforts in 2020. The reserve has not been replenished; however, ACRA intends to provide $166,464 replenishment from lodge tax receipts in 2022 that exceeded the forecasted revenue expectations (taxes which were collected by the City, but not yet appropriated for disbursement to vendor). In line with the original terms of the release of the reserve, ACRA has until the end of 2024 to fully replenish the reserve. ENVIRONMENTAL IMPACTS: This agreement complies with voter direction to market Aspen as a destination worthy community. The lodging revenues and this agreement take into account the increasing needs to address visitor etiquette and impact on the community’s wild and natural places and public infrastructure through a thoughtful, research-based, and targeted marketing plan. Even with this agreement, the City should continue to engage in the community discussion about balancing the volume and frequency of visitation in alignment with the community’s stewardship of natural resources and infrastructure. ALTERNATIVES:The Council could choose to seek requests for proposals for these services. RECOMMENDATIONS: I recommend approval of this resolution. 175 RESOLUTION #46 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE CITY OF ASPEN AND ACRA TOURISM PROMOTION FUND AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council the City of Aspen and ACRA Tourism Promotion Fund Agreement, to which are attached as exhibits Scope of Services for Destination Marketing and Visitor Center Operations and Facility Lease General Terms for 130 S. Galena Street, Aspen, by and between the City of Aspen and the Aspen Chamber Resort Association (ACRA), 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 City of Aspen and ACRA Tourism Promotion Fund Agreement, to which are attached as exhibits Scope of Services for Destination Marketing and Visitor Center Operations and Facility Lease General Terms for 130 S. Galena Street, Aspen, 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 28 th day of March 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, March 28, 2023. Nicole Henning, City Clerk 176 177 178 179 180 181 182 183 184 185 186 187 188 189 Page 1 of 2 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Jen Phelan, Development Manager THROUGH:Scott Miller, Public Works Director MEETING DATE:March 28, 2023 RE:Resolution No. 47 (Series of 2023), Burlingame Early Childhood Education Center design team contract Change Order 2 with Land and Shelter, Inc. REQUEST OF COUNCIL:Staff is requesting approval of Resolution No. 47 (Series of 2023)and the associated Change Order with Land and Shelter, Inc. for amended scope of Parts 2 and 4,‘Land Use Application’ and ‘Land Use Application and Recordation’ of the Burlingame Early Childhood Education (ECE) center. SUMMARY AND BACKGROUND: The city, through an RFP process, has contracted design services with Land and Shelter, Inc. for the Burlingame ECE center and associated housing through construction documents. As discussed at the December 5th work session,the original contract with Land and Shelter was for a design not to exceed 12,000 sq. ft..Through the initial programing and conceptual design process, the ideal program for the ECE center and the housing component was realized and the resulting square footage exceeded the parameters of the contract.An initial change order was approved in 2022 to reflect the increased scope associated with the schematic design, known as Part 1, of the contract. At that December work session, Council also directed staff to gain land use approvals for the early childhood education center. This will enable the project to move to building permit application if funding becomes available in the future. Staff directed the consultants to focus solely on the parts of the contract that will gain land use approvals and memorialize those approvals, rather than furthering the design of the building and its systems. Staff also recognized that some further design may be necessary to gain land use approvals. The architect has come back with a change order that primarily focuses on the land use and entitlement process, recognizes the need for some additional design work as part of the land use review process, and includes a provision for additional design work, on a Time and Materials basis not to exceed $25,000.00, if it is requested. DISCUSSION:Staff and the lead architect negotiated the value of the fee increase and have determined that an amount of $68,613.00 (an additional $65,549.00 for the base fee and $3,064.00 towards reimburseables)is an appropriate ask from the design team. The original contract for Part 2 and 4, which includes the architectural team and sub-consultants is for $181,543.00 (including reimbursable expenses). The change order represents the increase in 2023 rates from 2022, incorporation of design work from Part 3 of the contract (Design Development) that is integral to the land use application, increased timeline for the project,and complexity of the building. 190 Page 2 of 2 FINANCIAL IMPACTS: The lifetime budget currently allocated for this project is $1,250,000 and was appropriated in the 2021 and 2022 budget cycles, and the 2023 Spring Supplemental will include the carry forward of the remaining authority that has not been spent (slightly below $1M). With the remaining budget, this change order amount can be afforded. ENVIRONMENTAL IMPACTS: The design work associated with this change order has limited environmental impacts. The proposed buildings can be developed to the environmental standard requested by the city (anticipated to be designed to enhance energy and resource efficiency, which is an objective of the Climate Action Plan and aligns with Council’s carbon goal). ALTRENATIVES:Staff recommends compensating the consultants for the changed scope. RECOMMENDATION: Staff recommends approval of the Land and Shelter, Inc. change order. CITY MANAGER COMMENTS:_____________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ EXHIBITS: Attachment 1: Resolution No. 47 (Series of 2023) and Land and Shelter, Inc. Change Order #02 191 Exhibit 1 RESOLUTION NO. 47 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SECOND ADD SERVICE BETWEEN THE CITY OF ASPEN AND LAND AND SHELTER, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID ADD SERVICE ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an add service to the Burlingame Early Childhood Education Center design services, between the City of Aspen and Land and Shelter, 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 add service for, $68,613.00 (an additional $65,549.00 for the base fee and $3,064.00 towards reimburseables) between the City of Aspen and Land and Shelter, 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. A Time and Materials component, not to exceed $25,000.00, is also authorized if additional design work is needed. INTRODUCED, READ, AND ADOPTED by the City Council of the City of Aspen on the 28 th day of March 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, March 28, 2023. Nicole Henning, City Clerk 192 Change Order Form Revision 12/08/2021 Page 1 of 2 Change Order Form General Information Vendor Land and Shelter Inc. Change Order Number 2 Date of Issuance 3/21/23 Project Name Burlingame Project Number 51161 2021-239 RESO 2022-037 Project Completion Date 2023 Project Manager Jen Phelan COA Account Code 152.421.51161 Project Information Description Of Service L&S is contracted for an 8 part contract from schematic design through closeout for the design of a childcare center (up to $1,410,552.00). Schematic design/Part 1 has been completed with an approved change order (Change order 1 for $87,133) for more square footage than originally scoped. Council requested that the land use entitlements be gained for this project, requiring completion of Part 2/Land Use Application and Part 4/ Approval Documents of the contract and part of Part 3/ Design Development. Description Of Change Order Change Order 2 reflects an increase in costs associated with Parts 2 and 4 of the contract and only partial scope of part 3 of the existing contract. Increases to the base contract include: 2023 rates, extended timeline, added scope. I believe it will be pencils down after entitlements are granted and recorded. Included is a Time and Materials Clause if added design work becomes necessary not to exceed $25,000.00 Contract Information Original Contract Amount $1,410,552.00 Previous Change Order(s) $87,133.00 RESO 2022-142 DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 193 Change Order Form Revision 12/08/2021 Page 2 of 2 Change Order Amount (If Over 50k Change Order To Be Presented To Council For Approval) $ 68,613.00 (Exhibit A) Additional contingency requested by COA for Time and Material/Design, if needed, not to exceed $25,000.00 Final Contract Amount (Including All Change Orders) $ 1,566,298 and optional $25,000 for Time and Material/Design Changes if needed ($ 1,591,298) Revised Completion Date 2023 for Parts 2, partial of 3, and 4. Signature 1. Contractor (Required) 2. Project Manager (Required) Jennifer Phelan 3. Department Head (Required) Rob Schober 4. Procurement Officer (Required) 5. City Attorney (Required Based On Value Of Thresholds) 6. City Manager (Required Based On Value Of Thresholds) Original contract, if applicable all other change orders, and vendor quote for requested change order must be attached to this document. For additional information: See Procurement Policy “Change Orders And Add Services Request” (page 30). DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 3/21/2023 | 3:48:51 PM MDT 3/22/2023 | 3:51:00 PM MDT 194 + L+S Post Office Box 550, Carbondale, Colorado 81623 Tel 970.963.0201 Fax 970.963.0289 Email info@landandshelter.com www.landandshelter.com AFA 3457 Ringsby Court, Denver, Colorado 80216 Tel 303.383.1111 Fax 303.383.2135 Email info@fordarch.com www.fordarch.com RDG 1302 Howard St, Omaha, Nebraska 68102 Tel 402.392.0133 Fax 402.392.0413 Email omaha@rdgusa.com www.rdgusa.com 1/ 1 Burlingame ECE Only Parts-2 + 4 Change Order Request L+S/AFA/RDG Team 03/20/2023 This is the second change order to an 8 part contract. We previously revised Part 1 of our contract. This change order revises parts 2 and 4. The revised scope is similar, floor area assumption for the ECE was originally 8,000 SF and is now 13,500 SF, a basement and carports were added to the original scope. The project has increased in size and complexity, both the built structure and the site development requirements as outlined by the pre-application summary provided by Community Development. The anticipated schedule time for Parts 2 and 4 has increased, 2023 hourly rates are now applicable, and there has been a substantial amount of contract administration time. Reference contract Fee Exhibit C submitted along with “Burlingame Childcare Assumptions 3/4/22” as explanation for fee basis. A change order [No 02] is requested in the amount of $68,613. Signed, Andrea Korber, Land+Shelter, Inc. Sara Ott, City of Aspen Exhibit ADocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 195 Burlingame Early Childhood Education Center Change Order L+S/AFA/RDG Team 20-Mar-23 Services Company Name Existing Contract - ECE Only Additional Fee Requested Proposed Contract Fee - ECE only Architect*L+S/AFA/RDG $ 37,500 $ 30,000 $ 67,500 Community Relations L+S/AFA/RDG 14,050$ 3,750$ $ 17,800 Landscape Architect DHM Design 9,840$ 4,416$ $ 14,256 Civil Engineering Sopris Engineering 24,597$ 20,052$ $ 44,649 Traffic McDowell 18,040$ -$ $ 18,040 Structural Engineer Evolve 1,575$ 1,453$ $ 3,028 Land Planning Davis Horn 39,000$ -$ $ 39,000 total 144,602$ 59,671$ 204,273$ Hourly Billing - T&M Architect L+S/AFA/RDG $ 11,250 $ 2,475 $ 13,725 Landscape Architect DHM Design 2,680$ 840$ $ 3,520 Civil Engineering Sopris Engineering 9,605$ 1,205$ $ 10,810 Structural Engineer Evolve 1,470$ 1,358$ $ 2,828 Land Planning Davis Horn 6,000$ -$ $ 6,000 total 31,005$ 5,878$ 36,883$ Part 2 + 4 Base Fee Subtotal 175,607$ 65,549$ 241,156$ Parts 2 + 4 Team Reimbursables 5,936$ 3,064$ 9,000$ Community outreach materials, additional travel for a three step Part 2 - Land Use Application (3 step) Part 3 - Design Development Part 4 - Land Use Application and Recordation Design development on hold per Client direction; any design work required will be billed hourly as needed per the Burlingame ECE Contract rate sheet, dated 03/14/21 *Architectural fees for part 2 land use application are capped at 500 hours. The Client will be notified before this hourly limit is reached. At the Clients direction any remaining work can be billed hourly or we can provide a lump sum estimate. 1 DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 196 RESOLUTION NO. 142 Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN ADD SERVICE BETWEEN THE CITY OF ASPEN AND LAND AND SHELTER, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID ADD SERVICE ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an add service to the Burlingame Early Childhood Education Center design services, between the City of Aspen and Land and Shelter, 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 add service for, $87,133.00 between the City of Aspen and Land and Shelter, 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 13' day of December 2022. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, December 13, 2022. Nicole Henning, City (Aerk DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 197 DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 198 DocuSign Envelope ID: 21845611-1C00-43513-A87F-73137413E49A97A Land+Shelter a[an - ARCHITECTURE AND PLANNING ARCHITECTS Burlingame ECE/Housing Phase 1, Change Order Request L+S/AFA/RDG Team 12/06/2022 Reasons for Change: L+s Post Office Box 550, Carbondale, Colorado 81623 Tel 970.963.0201 Fax 970.963.0289 Email info@landandshelter.com www.landandshelter.com AFA 3457 Ringsby Court, Denver, Colorado 80216 Tel 303.383.1 1 1 1 Fax 303.383.2135 Email info@fordarch.com www.fordarch.com RDG 1302 Howard St, Omaha, Nebraska 68102 TeI 402.392.0133 Fax 402.392.0413 Email omaha@rdguso.com www.rdguso.com Contract Fee Exhibit C was submitted along with "Burlingame Childcare Assumptions 3/4/22" as explanation of fee - basis. Floor area contract fee assumption was originally 12,000sf total and is now over 18,000sf. The project has increased in size and complexity and increases the number of hours needed for professional services. A change order No 0 1 ) is requested in the amount of $87,133.00 Signed: Andrea Korber Land+Shelter, Inc DocuSigned by: aaCaY'a G. PDA4D2i4EEi942B... Sara Ott, City of Aspen- 1/ 1 DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 199 DocuSign Envelope ID: 21845611-1C00-435B-A87F-73B74BB9A97A Burlingame Early Childhood Education Center Change Order L+S/AFA/RDG Team 6-Dec-22 Company Name Architect L+S/AFA/RDG Landscape Architect DHM Design Civil Engineering Sopris Engineering Sustainability Consultant Groupl4 Community Relations PR Studio Traffic McDowell Structural Engineer Evolve Mechanical Engineer Branch Pattern Irrigation KDI Systems Land Planning Davis Horn Acoustics & Tec Branch Pattern Food Service Sturm Team Reimbursable (Everyone on the team) Existing Phase 1 Contract Fee 128,600 10,720 10,909 9,829 23,625 4,180 12,010 13,197 1,920 6,000 5,751 500 22,724 Current Additional Phase 1 Fee Requested 68,107 5,677 6,360 6,989 Proposed Phase 1 Contract Fee 196,707 16,397 10,909 9,829 23,625 4,180 18,370 20,186 1,920 6,000 5,751 500 22,724 total $ 249,965 $ 87,133 $ 337,098 DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 200 RESOLUTION NO. 037 SERIES OF 2022 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A CONTRACT FOR THE BURLINGAME CHILDCARE CENTER BETWEEN THE CITY OF ASPEN AND LAND AND SHELTER 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 an agreement between the City Council (the "Owner") and Land and Shelter Inc. (the "Architect"), a true and accurate copy of which is attached hereto as "Exhibit A", and, WHERAS, City Council considered and approved the agreement at a regular council meeting on March 22, 2022; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: That the City Council of the City of Aspen hereby approves the agreement between Owner and Architect,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 22"d day of March 2022. I Torre,Mayor ATTEST: APPROVED AS TO FORM: Nicole Henning,City C rk ames R True,City Attorney Resolution 037-2022 Burlingame childcare center, architecture contract Page 1 of 1 DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 201 DocuSign Envelope ID:EE15F568-0A07-4EC9-B1OE-017579121913139 LI-11--AIADocument B132 - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition AGREEMENT made as of the day of March in the year 2022 In words, indicate day, month, and year.)ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner:added information needed for its Name, legal status, address, and other information) completion.The author may also have revised the text of the original City of Aspen AIA standard form.An Additions and c/o Capital Asset Department Deletions Report that notes added 427 Rio Grande Place information as well as revisions to the Aspen,CO 81611 standard form text is available from the author and should be reviewed.A and the Architect: vertical line in the left margin of this Name, legal status, address, and other information) document indicates where the author has added necessary information Land and Shelter,Inc. and where the author has added to or P O Box 550 deleted from the original AIA text. Carbondale,CO 81623 This document has important legal consequences.Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. Name, location, and detailed description)This document is intended to be used Burlingame Childcare Center project as described in Exhibit B City of Aspen Request for in conjunction with AIA DocumentsA132Tm-2019,Standard Form of Proposals 2021-239 Architecture&Engineering Design Team for the Burlingame Agreement Between Owner and Childcare Center"dated October 22,2021.Contractor,Construction Manager as Adviser Edition;A232Tm-2019, General Conditions of the Contract for Construction,Construction The Construction Manager:Manager as Adviser Edition;and Name, legal status, address, and other information) C132n"-2019,Standard Form of Agreement Between Owner and TBD Construction Manager as Adviser. AIA Document A232Tm-2019 is adopted in this document by reference.Do not use with other general conditions unless this The Owner and Architect agree as follows. document is modified. Iriit AIA Document B132' -2019.Copyright®1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 202 DocuSign Envelope ID:EE15F568-0A07-4EC9-B1 OE-01 7579E1 9BB9 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 !' SPECIAL TERMS AND CONDITIONS 13' SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. For each item in this section, insert the information or a statement such as "not applicable,"or"unknown at time of execution'.) 1.1.1 The Owner's program for the Project: Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) The City of Aspen(Owner)will pursue a collaborative development team.CMa is anticipated to be added at the time of Part 2 Services based on the attached exhibits.All project participants are expected to embrace basic teamwork principles such as mutual respect and trust,transparency,collaborative problem solving,open communication and professionalism at all times.The program encompassing Exhibit B City of Aspen Request for Proposals 2021-239 Architecture&Engineering Design Team for the"Burlingame Childcare Center"dated October 22,2021,and additionally described in Exhibit A Land and Shelter,Inc Proposal dated December 14,2021. 1.1.2 The Project's physical characteristics: Identify or describe pertinent information about the Project's physical characteristics,such as size;location; dimensions;geotechnical reports;site boundaries;topographic surveys;traffic and utility studies;availability of public and private utilities and services;legal description of the site;etc.) The City of Aspen desires to develop a mixed-use project on vacant property it owns within the Burlingame Subdivision/Planned Development.The programming for the site will include development of a childcare center with appropriate indoor and outdoor spaces,well designed multi-modal circulation for the site and potentially some on-site housing intended for employees of the childcare center.The project is further described in Exhibit B City of Aspen Request for Proposals 2021-239 Architecture&Engineering Design Team for the"Burlingame Childcare Center" dated October 22,2021. 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: Init. AIA Document B132- -2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 2 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and t may only be used In accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 203 DocuSign Envelope ID:EE1 5F568-0A07-4EC9-B1 OE-01 7579E1 9BB9 Provide total and, if known, a line item breakdown.) Cost of work is TBD 1.1.4 The Owner's anticipated design and construction milestone dates:All dates as proposed below to be shifted based on City of Aspen formal notice to proceed. 1 Design phase milestone dates,if any: ftjectScheduleas arltiptgd in Exhibit A Viand and Shelter1Inc.Proposal dafed IDecember 14.2021! 2 Construction commencement date: PLject Schedule as anticipated in Exhibit A'Land pnd Shelter.Inc.Proposal dated December 14,:2021 3 Substantial Completion date or dates: Project SclleJule as antic ted j exhibit A Land,aft ddS hOter:anc;P oppsa date Decemb re14202 4 Other milestone dates: n/a 1.1.5 The Owner intends the following procurement method for the Project: Identify method such as competitive bid or negotiated contract.) Request for Proposals 1.1.6 The Owner's requirements for accelerated or fast-track design and construction,multiple bid packages,or phased construction are set forth below: Identify any requirements for fast-track scheduling or phased construction and, if applicable,list number and type of bid,procurement packages) n/a 1.1.7 The Owner's anticipated Sustainable Objective for the Project: Identify and describe the Owner's Sustainable Objective for the Project, if any.) 1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner and Architect shall complete and incorporate AIA Document E235-2019,Sustainable Projects Exhibit,Construction Manager as Adviser Edition,into this Agreement to define the terms,conditions and services related to the Owner's Sustainable Objective.If E235-2019 is incorporated into this Agreement,the Owner and Architect shall incorporate the completed E235-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: List name, address, and other contact information.) CMa is TBD until later in the process 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: nit. AIA Document B132" -2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA;the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 3 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 204 DocuSign Envelope ID:EE15F568-0A07-4EC9-610E-017579E19BB9 List name, address, and other contact information.) Jennifer Phelan,Development Manager,City of Aspen,(970)319-9949,jennifer.phelan@aspen.gov 1.1.10 The Owner shall retain the following consultants and Contractors: List name, legal status, address, and other contact information.) 1 Construction Manager: The Construction Manager is identified on the cover page.If a Construction Manager has not been retained as of the date of this Agreement,state the anticipated date ofretention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1) TBD 2 Land Surveyor: TBD 3 Geotechnical Engineer: TBD 4 Civil Engineer: N/A 5 Other consultants and Contractors: List any other consultants and Contractors retained by the Owner) n/a 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: List name,"address, and other contact information) Andrea Korber,Land+Shelter PO Box 550,Carbondale,CO 81623 970-366-1582 and i@landandshelter.com 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: List name, legal status, address, and other contact information.) 1.1.12.1 Consultants retained under Basic Services: 1 Structural Engineer: Init. AIA Document B132- -2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 4 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 205 DocuSign Envelope ID:EE1 5F568-0A07-4EC9-B1 OE-01 7579EI 9B139 As described in Exhibit A Land and Shelter,Inc.Proposal dated December 14,2021. 2 Mechanical Engineer: As described in Exhibit A Land and Shelter,Inc.Proposal dated December 14,2021. 3 Electrical Engineer: As described in Exhibit A Land and Shelter,Inc.Proposal dated December 14,2021. 1.1.12.2 Consultants retained under Supplemental Services: Subject Experts,Interior Designer,Traffic Engineer,Civil Engineer,Landscape Architect,Sustainability Consultant, Community Outreach Consultant,Fire Protection,Irrigation Designer,Acoustics&Technology Designer,and Food Service Consultant as described in Exhibit A,Land+Shelter Proposal dated December 14,2021. 1.1.13 Other Initial Information on which the Agreement is based: 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation.The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.The parties will use AIA Document E203-2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. 1.3.1 Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in AIA Document E203-2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document G202-2013,Project Building Information Modeling Protocol Form,shall be at the using or relying parry's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. 1.4 The term"Contractors"refers to persons or entities who perform Work under contracts with the Owner that are administered by the Architect and Construction Manager.The term"Contractors"is used to refer to such persons or entities,whether singular or plural.The term does not include the Owner's own forces,or Separate Contractors,which are persons or entities who perform construction under separate contracts with the Owner not administered by the Architect and Construction Manager. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES 2.1 The Architect shall provide professional services as set forth in this Agreement.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. Init. AIA Document B132- -2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced 5 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08121/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 206 DocuSign Envelope ID:EE15F568-OA07-4EC9-B10E-017579E19BB9 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C 132Tm-2019,Standard Form of Agreement Between Owner and Construction Manager as Adviser.The Architect shall not be responsible for actions taken by the Construction Manager. 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. 2.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 2.6 The Architect shall maintain the following insurance until termination of this Agreement.If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 11.9. 2.6.1'Commercial General Liability with policy limits of not less,than two million U.S.dollars ($2,000,000.00 ) for each occurrence and four million U.S.Dollars ($ 4,000,000.00 )in the aggregate for bodily injury and property damage. 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than one million U.S.dollars ($ 1,000,000.00 )per accident for bodily injury,death of any person, and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. 2.6.4 Workers'Compensation at statutory limits. 2.6.5 Employers'Liability with policy limits not less than one million U.S.dollars ($1,000,000.00 )each accident, one million U.S.Dollars ($$1,000,000.00 )each employee,and one million U.S.Dollars($ 1,000,000.00 )policy limit. 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services with policy limits of not less than one million U.S.dollars ($ 1,000,000.00 )per claim and one million U.S.Dollars 1,000,000.00 )in the aggregate. 2.6.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. 2.6.9 The Architect shall provide to the Owner acceptable certificates of insurance evidencing compliance with the requirements in this Section 2.6 prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance.The insurance policies required by this Section,except workers'compensation, shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire without at least 30 days'prior written notice to the Owner.An additional certificate evidencing continuation of professional liability coverage shall be submitted with the final Application for Payment.Information concerning reduction of coverage on account of claims paid under the policy shall be furnished by the Architect with reasonable promptness. Init. AIA Document B132- -2019.Copyright©1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced 6byAIAsoftwareat16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 207 DocuSign Envelope ID:EE15F568-OA07-4EC9-B10E-017579E19BB9 The certificates will show the Owner as an additional insured on the Comprehensive General Liability,Automobile Liability,umbrella or excess policies. 2.6.10 Governmental Immunity: The parties hereto understand and agree that Owner is relying on,and does not waive or intend to waive by any provision of this contract,the monetary limitations(presently$350,000.00 per person and$1,093,000 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 Owner,its officers,or its employees. 2.6.11 Owner's Insurance:The parties hereto understand that the Owner is a member of the Colorado Intergovern- mental 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 Contractor for inspection during normal business hours. Owner makes no representations whatsoever with respect to specific coverages offered by CIRSA. Owner shall provide reasonable notice of any changes in its membership or participation in CIRSA. 2.6.12 Deductible: The Architect shall pay any amounts not covered under these policies because of a deductible on the insurance policies provided by the Architect. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES 3.1 The Architect's Basic Services consist only of those described in this Article 3 and in attached Exhibit A Land and Shelter,Inc.Proposal dated December 14,2021,and Exhibit B City of Aspen Request for Proposals 2021-239 Architecture&Engineering Design Team for the"Burlingame Childcare Center"dated October 22,2021.The initial contract includes Parts 1 through 5,from Conceptual/Schematic Design through Construction Documents services described herein and in the referenced exhibits. Additional portions of work may be added as the project moves forward,by amendment of this agreement as Additional Services.CMa is initially TBD.Owner intends to add CMa later in the process.Until Owner hires a CMa,all CMa's obligations under this Agreement are Owner's exclusive responsibility. The initial contract includes: Part 1:Conceptual/Schematic Design Part 2: Support for the Land Use Application and review process Part 3:Design Development Part 4:Approval Documents-recordation support Part 5:Construction Documents As described in attached Exhibit A Land and Shelter,Inc.Proposal dated December 14,2021,and Exhibit B City of Aspen Request for Proposals 2021-239 Architecture&Engineering Design Team for the"Burlingame Childcare Center"dated October 22,2021. Additional portions of work may be added as the project moves forward,by amendment: Part 6:Support for the Building Permit Application Process Part 7:Construction Administration Part 8:Project Closeout and Warranty Support As described in attached Exhibit A Land and Shelter,Inc.Proposal dated December 14,2021,and Exhibit B City of Aspen Request for Proposals 2021-239 Architecture&Engineering Design Team for the"Burlingame Childcare Center"dated October 22,2021. Services other than those specified are Additional Services. 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings,communicate with members of the Project team,and report progress to the Owner. 3.1.2 The Architect shall coordinate its services with those services provided by the Owner,the Construction Manager,and the Owner's other consultants.The Architect shall be entitled to rely on,and shall not be responsible for, the accuracy,completeness,and timeliness of,services and information furnished by the Owner,the Construction Init. AIA Document B132- -2019.Copyright 01992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 7 by AIA software at 16:44:29 ET on 03/17/2022 under Ober No.7357118434 which expires on 08121/2022,Is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 208 DocuSign Envelope ID:EE15F568-0A07-4EC9-610E-017579E191369 Manager,and the Owner's other consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission or inconsistency,in such services or information. 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Construction Manager's review and the Owner's approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.This schedule shall include allowances for periods of time required for the Owner's review,for the Construction Manager's review,for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Once approved by the Owner,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate action upon,the portion of the Project schedule relating to the performance of the Architect's services. 3.1.5 The Architect shall not be responsible for an Owner's or Construction Manager's directive or substitution,or for'the Owner's acceptance of non-conforming Work,made or given without the Architect's written approval. 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 3.2 Schematic Design Phase Services 3.2.1 The Architect shall review the program and other information furnished by the Owner and Construction Manager,and shall review laws,codes,and regulations applicable to the Architect's services. 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,and the proposed procurement and delivery method,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. 3.2.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner and Construction Manager regarding the requirements of the Project. 3.2.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,a preliminary design illustrating the scale and relationship of the Project components. 3.2.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for the Construction Manager's review and Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. Init AIA Document B132" -2019.Copyright®1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 8byAIAsoftwareat16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08121/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 209 DocuSign Envelope ID:EE1 5F568-0A07-4EC9-B1 OE-01 7579E1 9B139 3.2.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation,together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. 3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work. 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and/or the Construction Manager. The Architect shall meet with the Owner and/or Construction Manager to review the Schematic Design Documents. 3.2.7 Upon receipt of the Owner and/or Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval of the Schematic Design Documents.If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate such revisions in the Design Development Phase. 3.2.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. 3.3 Design Development Phase Services 3.3.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. 3.3.2 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents. 3.3.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. 3.4 Construction Documents Phase Services 3.4.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that,in order to perform the Work,the Contractor will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. 3.4.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and the Construction Manager in the development and preparation of(1)procurement information that Init. AIA Document B132- -2019.Copyrightm 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The'American Institute of Architects,`"AIA,'the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced 9 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 210 DocuSign Envelope ID:EE15F568-OA07-4EC9-B10E-017579E19BB9 describes the time,place,and conditions of bidding,including bidding or proposal forms;(2)the form of agreements between the Owner and Contractors;and(3)the Conditions of the Contracts for Construction(General, Supplementary and other Conditions);and(4)a project manual that includes the Conditions of the Contracts for Construction and Specifications,and may include bidding requirements and sample forms. 3.4.4 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Construction Documents. 3.4.5 Upon receipt of the Construction Manager's information and an estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the Construction Documents. 3.5 Procurement Phase Services 3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents,the Architect shall assist the Owner and Construction Manager in(1)obtaining either competitive bids or negotiated proposals;(2)confirming responsiveness of bids or proposals;(3)determining the successful bid or proposal,if any;and(4)awarding and preparing Contracts for Construction. 3.5.2 Competitive Bidding 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by 1 facilitating the distribution of Bidding Documents to prospective bidders; 2 organizing and conducting a pre-bid conference for prospective bidders; 3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda;and Paragraph deleted) 3.5.2.3 If the Bidding Documents permit substitutions,upon the Owner's written authorization,the Architect shall, as an Additional Service,consider requests for substitutions,and prepare and distribute addenda identifying approved substitutions to all prospective bidders. 3.5.3 Negotiated Proposals 3.5.3.1 Proposal Documents shall consist of proposal requirements,and proposed Contract Documents. 3.5.3.2 The Architect shall assist the Owner and Construction Manager in obtaining proposals by: 1 facilitating the distribution of Proposal Documents for distribution to prospective Contractors,and requesting their return upon completion of the negotiation process; 2 organizing and participating in selection interviews with prospective Contractors; 4 participating in negotiations with prospective Contractors,and subsequently preparing a summary report of the negotiation results,as directed by the Owner. 3.5.3.3 If the Proposal Documents permit substitutions,upon the Owner's written authorization,the Architect shall, as an Additional Service,consider requests for substitutions,consult with the Construction Manager,and prepare and distribute addenda identifying approved substitutions to all prospective contractors. 3.6 Construction Phase Services 3.6.1 General 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A232Tm-2019,General Conditions of the Contract for Construction,Construction Manager as Adviser Edition.If the Owner and Contractor modify AIA Document A232-2019,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. Init. AIA Document B132- -20 t 9.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 10byAIAsoftwareat16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copydght@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 211 DocuSign Envelope ID:EE1 5F568-0A07-4EC9-B1 OE-01 7579EI 9BB9 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means, methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractors'failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for acts or omissions of the Construction Manager,or acts or omissions of the Contractors or of any other persons or entities performing portions of the Work. 3.6.1.3 Subject to Section 4.2,and except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. 3.6.2 Evaluations of the Work 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner and the Construction Manager(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Construction Manager, and(3)defects and deficiencies observed in the Work. 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection.Whenever the Architect considers it necessary or advisable,the Architect,upon written authorization from the Owner and notification to the Construction Manager,shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractors,Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of the Construction Manager,Owner,or Contractors through the Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by the Owner and Contractors,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 3.6.2.5 Unless the Owner and Contractors designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A232-2019,the Architect,with the assistance of the Construction Manager,shall render initial decisions on Claims between the Owner and Contractors as provided in the Contract Documents. 3.6.3 Certificates for Payment to Contractor 3.6.3.1 Not more frequently than monthly,the Architect shall review and certify an application for payment.Within seven days after the Architect receives an application for payment forwarded from the Construction Manager,the Architect shall review and certify the application as follows: 1 Where there is only one Contractor responsible for performing the Work,the Architect shall review the Contractor's Application and Certificate for Payment that the Construction Manager has previously Init. AIA Document B132' -2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,'"AIA,'the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 11 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 212 DocuSign Envelope ID:EE15F568-0A07-4EC9-B1 OE-017579E191369 reviewed and certified.The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. 2 Where there is more than one Contractor responsible for performing different portions of the Project, the Architect shall review the Project Application and Project Certificate for Payment,with the Summary of Contractors'Applications for Payment,that the Construction Manager has previously prepared,reviewed,and certified.The Architect shall certify the total amount due all Contractors collectively and shall issue a Project Certificate for Payment in the total of such amounts. 3.6.3.2 The Architect's certification for payment shall constitute a representation to the Owner,based on(1)the Architect's evaluation of the Work as provided in Section 3.6.2,(2)the data comprising the Contractor's Application for Payment or the data comprising the Project Application for Payment,and(3)the recommendation of the Construction Manager,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Contractors are entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate each Contractor's right to payment;or(4)ascertained how or for what purpose that Contractor has used money previously paid on account of the Contract Sum. 3.6.3.4 The Architect shall maintain a record of the Applications and Certificates for Payment. 3.6.4 Submittals 3.6.4.1 The Architect shall review the Construction Manager's Project submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals transmitted by the Construction Manager shall be taken in accordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time,in the Architect's professional judgment,to permit adequate review. 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Contractors' submittals such as Shop Drawings,Product Data and Samples,that the Construction Manager has reviewed,recommended for approval,and transmitted to the Architect.The Architect's review of the submittals shall only be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,quantities,and installation or performance of equipment or systems,which are the Contractors'responsibilities.The Architect's review shall not constitute approval of safety precautions or construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 3.6.4.3 If the Contract Documents specifically require the Contractors to provide professional design services or certifications by a design professional related to systems,materials or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractors'design professionals,provided the submittals bear such professionals'seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. 3.6.4.4 After receipt of the Construction Manager's recommendations,and subject to the provisions of Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents.The Architect,in consultation with the Construction Manager,shall set forth in the Contract Documents the requirements for requests Init. AIA Document B132" -2019.Copyright m 1992,2009.and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 12byAIAsoftwareat16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 213 DocuSign Envelope ID:EE15F568-OA07-4EC9-B10E-017579E19BB9 for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. 3.6.5 Changes in the Work 3.6.5.1 The Architect shall review and sign,or take other appropriate action,on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with the Contract Documents. 3.6.5.2 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.Such changes shall be effected by written order issued by the Architect through the Construction Manager. 3.6.5.3 The Architect shall maintain records relative to changes in the Work. 3.6.6 Project Completion 3.6.6.1 The Architect,assisted by the Construction Manager,shall: 1 conduct inspections to determine the date of Substantial Completion and the date of final completion; 2 issue a Certificate of Substantial Completion prepared by the Construction Manager; 3 review written warranties and related documents required by the Contract Documents and received from the Contractors,through the Construction Manager;and 4 after receipt of a final Contractor's Application and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager,issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. 3.6.6.2 The Architect's inspections shall be conducted with the Owner and Construction Manager to(1)check conformance of the Work with the requirements of the Contract Documents and(2)verify the accuracy and completeness of the lists submitted by the Construction Manager and Contractors of Work to be completed or corrected. 3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid each of the Contractors,including the amount to be retained from the Contract Sum,if any,for final completion or correction of the Work. 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractors,through the Construction Manager:(1)consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2)affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Contractors under the Contract Documents. 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion, the Architect shall,without additional compensation,conduct a meeting with the Owner and Construction Manager to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 4.1 Supplemental Services 4.1.1 The additional services listed in Exhibit C are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Supplemental Services only if specifically selected by future addendum as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. Init. AIA Document B732- -2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 13 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08121/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copydght@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 214 DocuSign Envelope ID:EE15F568-0A07-4EC9-610E-017579E19B139 Paragraph deleted) Refer to Exhibit C Fee Schedule for list of Basic and Additional Services. Table deleted) 4.1.2 Description of Supplemental Services 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. Describe in detail the Architect's Supplemental Services identified in Section 4.L I or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services) See Exhibit C 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. Describe in detail the Owner's Supplemental Services identified in Section 4.L I or, if set forth in an exhibit, identify the exhibit.) 4.1.3 If the Owner identified a Sustainable Objective in Article 1,the Architect shall provide,as a Supplemental Service,the Sustainability Services required in AIA Document E235Tm-2019,Sustainable Projects Exhibit, Construction Manager as Adviser Edition,attached to this Agreement.The Owner shall compensate the Architect as provided in Section 11.2. 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement,without invalidating the Agreement.Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. 4.2.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: 1 Services necessitated by a change in the Initial Information,previous instructions or recommendations given by the Construction Manager or the Owner,approvals given by the Owner,or a material change in the Project including size,quality,complexity,building systems,the Owner's schedule or budget for Cost of the Work,constructability considerations,procurement or delivery method,or bid packages in addition to those listed in Section 1.1.6; 2 Making revisions in Drawings,Specifications,or other documents(as required pursuant to Section 6.7),when such revisions are required because the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget,except where such excess is due to changes initiated by the Architect in scope,capacities of basic systems,or the kinds and quality of materials,finishes or equipment; 3 Services necessitated by enactment or revision of codes,laws,or regulations,including changing or editing previously prepared Instruments of Service; 4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes,laws or regulations that are either(a)contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit,or(b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; 5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner,Construction Manager or the Owner's other consultants or contractors; 6 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors,or to other Owner-authorized recipients; Init. AIA Document B732- -20 19.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 14byAIAsoftwareat16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08121/2022,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 215 DocuSign Envelope ID:EE15F568-0A07-4EC9-B1OE-017579E19BB9 7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; 8 Preparation for,and attendance at,a public presentation,meeting or hearing; 9 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; 10 Evaluation of the qualifications of entities providing bids or proposals; 11 Consultation concerning replacement of Work resulting from fire or other cause during construction;or 12 Assistance to the Initial Decision Maker,if other than the Architect. 4.2.2 To avoid delay in the Construction Phase,the Architect shall provide the following Additional Services,notify the Owner with reasonable promptness,and explain the facts and circumstances giving rise to the need.If,upon receipt of the Architect's notice,the Owner determines that all or parts of the services are not required,the Owner shall give prompt written notice to the Architect of the Owner's determination.The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice: 1 Reviewing a Contractor's submittal out of sequence from the Project submittal schedule approved by the Architect; 2 Responding to the Contractors'requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractors from a careful study and comparison of the Contract Documents,field conditions,other Owner-provided information, Contractor-prepared coordination drawings,or prior Project correspondence or documentation; 3 Preparing Change Orders,and Construction Change Directives that require evaluation of Contractors' proposals and supporting data,or the preparation or revision of Instruments of Service; 4 Evaluating an extensive number of Claims as the Initial Decision Maker;or 5 Evaluating substitutions proposed by the Owner,Construction Manager or Contractors and making subsequent revisions to Instruments of Service resulting therefrom. 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services.When the limits below are reached,the Architect shall notify the Owner: TBD upon addition of construction phase services by amendment 1 ( )reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Contractors 2 ( )visits to the site by the Architect during construction 3 ( )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents 4 ( )inspections for any portion of the Work to determine final completion 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3,Construction Phase Services provided more than 60 days after(1)the date of Substantial Completion of the Work,or(2)the anticipated date of Substantial Completion identified in the Initial Information,whichever is earlier,shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. 4.2.5 If the services covered by this Agreement have not been completed within twenty-four( 24 )months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives,schedule,constraints and criteria,including space requirements and relationships,flexibility, expandability,special equipment,systems and site requirements. 5.2 The Owner shall retain a Construction Manager to provide services,duties and responsibilities as described in AIA Document C132-2019,Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Owner shall provide the Architect with a copy of the scope of services in the agreement executed between the nit. AIA Document B132- -2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced 15 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 216 DocuSign Envelope ID:EE15F568-0A07-4EC9-B1OE-017579E19BB9 Owner and the Construction Manager,and any subsequent modifications to the Construction Manager's scope of services in the agreement. 5.3 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and(3)reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and the Construction Manager.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. 5.3.1 The Owner acknowledges that accelerated,phased or fast-track scheduling provides a benefit,but also carries with it associated risks.Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents,and costs for the Contractors to remove and replace previously installed Work.If the Owner selects accelerated,phased or fast-track scheduling,the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 5.5 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions,and other necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private, above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. 5.6 The Owner shall furnish services of geotechnical engineers,which may include test borings,test pits, determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. 5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. 5.8 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E235TA1-2019,Sustainable Projects Exhibit,Construction Manager as Adviser Edition,attached to this Agreement. 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. 5.10 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. 5.11 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. Init. AIA Document B132" -2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced sbyAIAsoftwareat16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 217 DocuSign Envelope ID:EE15F568-OA07-4EC9-B10E-017579E19B139 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. 5.13 The Owner shall communicate with the Contractors and the Construction Manager's consultants through the Construction Manager about matters arising out of or relating to the Contract Documents.The Owner and Construction Manager shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project.Communications by and with the Architect's consultants shall be through the Architect. 5.14 Before executing the Contracts for Construction,the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contracts for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contractors to provide the Architect access to the Work wherever it is in preparation or progress. 5.16 Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights. ARTICLE 6 COST OF THE WORK 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors'general conditions costs,overhead and profit.The Cost of the Work includes the compensation of the Construction Manager and Construction Manager's consultants during the Construction Phase only,including compensation for reimbursable expenses at the job site,if any.The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the costs of the land,rights-of-way,financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. 6.2 The Owner's budget for the Cost of the Work once provided may be adjusted throughout the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services.The Architect shall prepare,as an Additional Service, revisions to the Drawings,Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates,or due to market conditions the Architect could not reasonably anticipate.The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services,however,the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service,and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work together to reconcile the cost estimates. 6.4 If,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Construction Manager,shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. Init. AIA Document B132- -2019.Copyright®1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,'"AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 17 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 218 DocuSign Envelope ID:EE15F568-OA07-4EC9-B10E-017579E19BB9 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner shall 1 give written approval of an increase in the budget for the Cost of the Work; 2 terminate in accordance with Section 9.5; 3 in consultation with the Architect and Construction Manager,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or 4 implement any other mutually acceptable alternative. 6.6 If the Owner chooses to proceed under Section 6.5.3,the Architect,without additional compensation,shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section 6.5.1.The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. 6.7 After incorporation of modifications under Section 6.6,the Architect shall,as an Additional Service,make any required revisions to the Drawings,Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner's budget for the Cost of the Work,except when the excess is due to changes initiated by the Architect in scope,basic systems,or the kinds and quality of materials,finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations under this Agreement,including prompt payment of all sums due pursuant to Article 9 and Article 11.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Contractors,Construction Manager,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and Separate Contractors,to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 1.3,solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate. 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service,the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses.The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. 7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this Agreement. Init. AIA Document B132- _2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced 8byAIAsoftwareat16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 219 DocuSign Envelope ID:EE15F568-OA074EC9-B10E-017579E19BB9 ARTICLE 8 CLAIMS AND DISPUTES 8.1 General 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232-2019,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the Construction Manager, contractors,consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. 8.1.3 Intentionally omitted—See Sec. 12.014 for Indemnification Obligations. 8.1.4 The Architect and Owner waive consequential damages for claims,disputes or other matters in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either parry's termination of this Agreement,except as specifically provided in Section 9.7. 8.2 Mediation 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: Check the appropriate box.) Arbitration pursuant to Section 8.3 of this Agreement X ] Litigation in a court of competent jurisdiction Other: (Spec) If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent jurisdiction. Init. AIA Document B132- _2019.Copyright®1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,'"AIA,'the AIA Logo,and'AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced 19 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 220 DocuSign Envelope ID:EE1 5F568-0A07-4EC9-B1 OE-01 7579E1 9B139 8.3 Arbitration 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim,dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by, mediation shall be subject to arbitration,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement.A demand for arbitration shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the arbitration. 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim,dispute or other matter in question. 8.3.2 The foregoing agreement to arbitrate,and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement,shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 8.3.3 The award rendered by the arbitrator(s)shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 8.3.4 Consolidation or Joinder 8.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration permits consolidation,(2)the arbitrations to be consolidated substantially involve common issues of law or fact,and 3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). 8.3.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and Architect under this Agreement. 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may terminate this Agreement by giving not less than seven days'written notice. Init. AIA Document B132" -2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The'American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 20 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/2112022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 221 DocuSign Envelope ID:EE1 5F568-0A07-4EC9-B1 OE-01 7579E1 9BB9 9.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 9.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or if the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination,Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. 9.7 In addition to any amounts paid under Section 9.6,if the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall pay to the Architect the following fees: Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee) 1 Termination Fee: N/A 2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: N/A 9.8 Except as otherwise expressly provided herein,this Agreement shall terminate one year from the date of Substantial Completion. 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 8.3. 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232-2019,General Conditions of the Contract for Construction,Construction Manager as Adviser Edition,except for purposes of this Agreement,the term"Work"shall include the work of all Contractors under the administration of the Architect and Construction Manager. 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement,and including any payments due to the Architect by the Owner prior to the assignment. 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. Init AIA Document B132" -2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,'"AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 21 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documentss Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 222 DocuSign Envelope ID:EE15F568-0A07-4EC9-610E-017579E191369 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. 10.8 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement. 10.8.1 The receiving party may disclose"confidential'or"business proprietary" information after 7 days'notice to the other party,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees,consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. 10.9 The invalidity,of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable;then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: 1 Other Describe the method of compensation) The initial contract includes: Part 1:Conceptual/Schematic Design Part 2:Support for the Land Use Application and review process Part 3:Design Development Part 4:Approval Documents-recordation support Part 5:Construction Documents Progress billing,not to exceed phases 1-5,as described in attached Exhibit C Updated Fee Schedule provided the Owner notify the Architect of the selected option for each phase prior to the commencement of work. If,at the conclusion of"Part 1 Conceptual/Schematic Design"the scope of the project varies from that as described in Exhibit A by greater than 10%,the parties reserve the right to review and revise compensation total as stated above. Additional portions of work may be added as the project moves forward,by amendment: Paragraph deleted) Part 6:Supporting the Building Permit Application Process Part 7:Construction Administration Init. AIA Document B132" -2019.Copyright®1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 22byAIAsoftwareat16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copydght@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 223 DocuSign Envelope ID:EE15F568-OA07-4EC9-B10E-017579E19BB9 Part 8:Project Closeout and Warranty Support As described in attached Exhibit A Land and Shelter,Inc.Proposal dated December 14,2021,and Exhibit B City of Aspen Request for Proposals 2021-239 Architecture&Engineering Design Team for the"Burlingame Childcare Center"dated October 22,2021. 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3,the Owner shall compensate the Architect as follows: Insert amount of, or basis for, compensation.If necessary, list specific services to which particular methods of compensation apply.) Additional services may be added by written amendment 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2,the Owner shall compensate the Architect as follows: Insert amount of, or basis for, compensation) Additional services may be added by written amendment 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus five percent(5 %),or as follows: Insert amount of, or basis for computing,Architect's consultants'compensation for Supplemental or Additional Services.) Refer to Updated Fee Schedule Exhibit C 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis,the proportion of compensation for each phase of services shall be as follows: Table deleted) Refer to Updated Fee Schedule Exhibit C for additional detail. The Owner acknowledges that with an accelerated Project delivery or multiple bid package process,the Architect may be providing its services in multiple Phases simultaneously.Therefore,the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services,as appropriate. 11.6 When compensation identified in Section 11.1 is on a percentage basis,progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work.Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices. If applicable, attach an exhibit of hourly billing rates or insert them below.) Refer to schedule of rates in attached Exhibit C Updated Fee Schedule Table deleted) Init AIA Document B132• -2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 23 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 224 DocuSign Envelope ID:EE15F568-OA07-4EC9-B10E-017579E19BB9 11.8 Compensation for Reimbursable Expenses 11.8.1 Reimbursable Expenses are in addition to compensation for Basic,Supplemental,and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: 1 Transportation and authorized out-of-town travel and subsistence; 2 Long distance services,dedicated data and communication services,teleconferences,Project web sites, and extranets; 3 Permitting and other fees required by authorities having jurisdiction over the Project; 4 Printing,reproductions,plots,and standard form documents; 5 Postage,handling,and delivery; 6 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner; 7, Renderings,physical models,mock-ups,professional photography,and presentation materials requested by the Owner or required for the Project; 8 If required by the Owner,and with the Owner's prior written approval,the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; 9 All taxes levied on professional services and on reimbursable expenses; 10 Site office expenses; 11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective;and 12 Other similar Project-related expenditures. 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants as outlined in Exhibit C,Updated Fee Schedule. 11.9 Architect's Insurance If the types and limits of coverage required in Section 2.6 are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.6, and for which the Owner shall reimburse the Architect.) 11.10 Payments to the Architect 11.10.1 Initial Payments 11.10.1.1 An initial payment of ($ )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. I1.10.1.2 If a Sustainability Certification is part of the Sustainable Objective,an initial payment to the Architect of shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification.The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. 11.10.2 Progress Payments 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid forty five days ( 45 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. Insert rate of monthly or annual interest agreed upon.) 3.25 % 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to Contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. Init. AIA Document B132- -2019.Copyright m 1992.2009,and 2019 by The American Institute of Architects.All rights reserved.The'American Institute of Architects,""AIA,'the AIA Logo,and'AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 24 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 225 DocuSign Envelope ID:EE15F568-OA07-4EC9-B10E-017579E19BB9 11.10.2.3 Records of Reimbursable Expenses,expenses pertaining to Supplemental and Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Include other terms and conditions applicable to this Agreement.) 12.5 Tax-Exemption. All purchases of supplies,construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The Owner's State of Colorado tax identification number is 98-04557. The Owner's Federal Tax Identification Number is 84-6000563. 12.6 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. Architect 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 Owner. No agent,employee,or servant of Architect shall be,or shall be deemed to be,the employee,agent or servant of the Owner. Owner is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Architect. None of the benefits provided by Owner to its employees including,but not limited to,workers'compensation insurance and unemployment insurance, are available from Owner to the employees,agents or servants of Architect. Architect shall be solely and entirely responsible for its acts and for the acts of Architect's agents,employees,servants and consultants during the performance of this contract. Architect shall indemnify Owner 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 Architect and/or Architect's employees engaged in the performance of the services agreed to herein. 12.7 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: Owner: City Manager City of Aspen 427 Rio Grande Place Aspen,Colorado 81611 With a copy to: James R.True,Esq. City Attorney 427 Rio Grande Place Aspen,Colorado 81611 12.8 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. Architect agrees to meet all of the requirements of Owner's municipal code,Section 13-98,pertaining to non-discrimination in employment. 12.9 Waiver. The waiver by the Owner 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 Owner. Forbearance or indulgence by the Owner in any regard whatsoever shall not constitute a waiver of any term,covenant,or condition to be performed by Architect to which the same may apply and,until complete performance by Architect of said term,covenant or condition,the Owner shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 12.10 Execution of Agreement by Owner. 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, Init. AIA Document B132- -2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,-"AIA,-the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced 25 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 226 DocuSign Envelope ID:EE15F568-OA07-4EC9-B10E-017579E19BB9 this Agreement shall not be binding upon the Owner unless duly executed in accordance with the requirements of the Owner's municipal code by the Mayor of the City of Aspen,or a duly authorized official in his absence,following approval of City Council. 12.11 Worker Without Authorization prohibited—CRS§8-17.5-101 &§24-76.5-101 12.11.1 Purpose. During the 2021 Colorado legislative session,the legislature passed House Bill 21-1075 that amended current CRS§8-17.5-102(1),(2)(a),(2)(b)introductory portion,and(2)(b)(III)as it relates to the employment of and contracting with a"worker without authorization"which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended,the current law prohibits all state agencies and political subdivisions,including the Owner,from knowingly hiring a worker without authorization to perform work under a contract,or to knowingly contract with a Consultant who knowingly hires with a worker without authorization to perform work under the contract. The law also requires that all contracts for services include certain specific language as set forth in the statutes.The following terms and conditions have been designed to comply with the requirements of this new law. 12.11.2 Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. 1."E-verify program"means the electronic employment verification program created in Public Law 208, 104th Congress,as amended,and expanded in Public Law 156, 108th Congress,as amended,that is jointly administered by the United States Department of Homeland Security and the social security Administration,or its successor program. 2."Department program"means the employment verification program established pursuant to Section 8-17.5-102(5)(c). 3."Public Contract for Services"means this Agreement. 4."Services"means the furnishing of labor,time,or effort by a Consultant or a subconsultant not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 5."Worker without authorization"means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States 12.11.3 By signing this document,Consultant certifies and represents that at this time: 1.Consultant shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services;and 2.Consultant has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not workers without authorization. 12.11.4 Consultant hereby confirms that: 1.Consultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2.Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3.Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4.Consultant shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. Init AIA Document 13132- -2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The'American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 26 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,Is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 227 DocuSign Envelope ID:EE15F568-0A07-4EC9-B1OE-017579EI91369 12.11.5 If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization,Consultant shall: 1.Notify such subconsultant and the Owner within three days that Consultant has actual knowledge that the subconsultant is employing or subcontracting with a worker without authorization:and 2.Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsultant does not stop employing or contracting with the worker without authorization;except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with a worker without authorization. 12.11.6 Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102(5),C.R.S. 12.11.7 If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102,C.R.S.the Owner may terminate this Agreement. If this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant's violation of Subsection 8-17.5-102,C.R.S. 12.12 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. 12.13 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. 12.14 Indemnification Architect agrees to indemnify and hold harmless the City of Aspen,its officers,and employees 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,but only to the extent and for an amount represented by the degree or percentage of negligence,or fault of the Architect,any subcontractor of the Architect,or any officer,employee,representative,or agent of the Architect or of any subcontractor of the Architect,or which arises out of any workmen's compensation claim of any employee of the Architect or of any employee of any subcontractor of the Architect. The extent of the Architect's obligation to indemnify or hold harmless any indemnity obligee may be determined only after the Architect's liability or fault has been determined by adjudication,alternative dispute resolution,or otherwise resolved by mutual agreement between the Architect and the indemnity obligee.The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. Nothing contained herein shall be construed or interpreted as denying to either party any remedy or defense available to such party under the laws of the State of Colorado,including the Colorado Governmental Immunity Act.The City of Aspen will indemnify,defend,and hold the Architect and its members,managers,officers,agents,and employees harmless against any claim,demand,damage,injury,cause of action,cost or expense(including but not limited to reasonable attorneys' fees),judgments,or other liability of any nature whatsoever incurred in connection with the negligent or willful acts or omissions of the City of Aspen's officers,employees,or agents in connection with the Project,provided that if the indemnity obligation stated above arises under circumstances in which the Architect also owes a duty to indemnify the City of Aspen under this Section 12.14,the City of Aspen's indemnity shall also be prorated to reflect its percentage of fault in the same manner as Architect's,above to the extent allowed by law. 12.15 Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts,each of which shall be deemed an original,and all of which together shall constitute one agreement binding on the Parties,notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore,each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder,may be signed electronically in the manner agreed to by the Init. AIA Document B132' -2019.Copyright m 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,''AIA,'the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 27 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/21/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 228 DocuSign Envelope ID:EE15F568-OA07-4EC9-B10E-017579E19BB9 Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record,or a paper copy of an electronic documents,or a paper copy of a document bearing an electronic signature,on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. ARTICLE.13 SCOPE OF THE AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. 13.2 This Agreement is comprised of the following documents identified below: 1 AIA Document B 132Tm-2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Adviser Edition Paragraphs deleted) 2 Exhibit A Land and Shelter,Inc.Proposal dated December 14,2021 Paragraphs deleted) 3 Exhibit B City of Aspen Request for Proposals 2021-239 Architecture&Engineering Design Team for the'Burlingame Childcare Center"dated October 22.2021. 4 Exhibit C Updated Fee Schedule Paragraphs deleted) t is entered into as of the day and year first written above. E-1-711EDOAM bM Sin. G. ! 0 (Signature) ARCHITECT(Signature) Sara G. Ott City Manager Andrea Korber Owner/Principal , Land+Shelter, Inc. Printed name and title)Printed name, title, and license number, if 3/28/2022 4:05:18 PM PDT applicable) Init. AIA Document B132" _2019.Copyright C 1992,2009,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 28 by AIA software at 16:44:29 ET on 03/17/2022 under Order No.7357118434 which expires on 08/2112022,Is not for resale,is licensed for one-time use only,and t may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@ala.org. User Notes: 1148409197) DocuSign Envelope ID: 731CCD69-DC9F-46E2-B4AC-00945738BA07 229 MEMORANDUM TO:Mayor and City Council FROM:Matt Kuhn, Parks and Open Space Director THROUGH:Austin Weiss, Parks and Recreation Director Diane Foster, Assistant City Manager MEETING DATE:March 28, 2023 RE:Resolution #048, Series 2023 - Contribution to Aspen Valley Land Trust for COBS property conservation REQUEST OF COUNCIL: Parks and Open Space staff seek Council support for a $200,000 dollar contribution to the Aspen Valley Land Trust (AVLT) towards the acquisition of the Colorado Outward Bound School (COBS) basecamp property in Marble, Colorado. This funding contribution is part of a multi-stakeholder approach to the conservation and preservation of the historic property adjacent to the Chapin Wright Marble Basecamp owned by AVLT. SUMMARY / BACKGROUND: The Aspen Valley Land Trusthas convened a group of collaborators for the acquisition of the property, and is in ongoing negotiations with COBS. The City’s funding is part of a multi-stakeholder approach towards the acquisition, including AVLT seeking a Great Outdoors Colorado (GOCO) grant to complete the needed funds for the conservation of the parcel. The Colorado Outward Bound School Marble Base Camp was established in 1962 and is the original home to Outward Bound in the United States. The property is 42 acres in the aspen forests above the town of Marble and adjacent to the AVLT-owned Chapin Wright Basecamp (Marble Basecamp). The Marble Basecamp is the classic destination for all Aspen eighth grade outdoor education students. The City’s Open Space and Trails Board reviewed this request at a meeting on March 16 th, and unanimously recommended to City Council that the City provide a contribution to AVLT for the conservation of the COBS property. DISCUSSION: The Outward Bound basecamp consists of approximately ten rustic buildings including a main lodge; staff office and lodging quarters; a bath house; and several smaller buildings that have traditionally been used as staff housing or classrooms. The property also includes numerous camping sites and a high ropes course. This property has significant historical significance as one of the original homes of the expeditionary/experiential learning movement in the United States. 230 Staff reviewed the proposal with the Open Space and Trails Board and with City Council during executive sessions in mid-March. There are several elements of this proposed acquisition that benefit the City and our interest in open space and conservation. Most notably, because the site is zoned commercial, and immediately adjacent to the current AVLT Marble basecamp, the conservation of the parcel is critically important to preserve the experience of the Aspen School District’s outdoor education experience. The site is also identified as having wildlife habitat value, and sits within a broader landscape of important winter range for mule deer and elk populations. Staff have reviewed the most current Long Range Plan for the Parks (100) Fund. Based on the current LRP forecasts, and given projected capital projects and increasing sales tax revenue in consideration, a contribution of $200,000 is within the 2023 budget would not significantly impact fund balance and target reserves negatively. Staff propose that a $200,000 contribution be made for the acquisition of the parcel and conservation easement, and that this be added to the 2023 budget in the spring supplemental cycle. Partnerships for land acquisition and conservation outside of the City have been somewhat common over the years. The City has partnered with Pitkin County on projects such as Sky Mountain Park (City contribution $1m), James H. Smith parcel at North Star ($6.75m split), Smuggler Mountain Open Space ($7.5m each), and Moore Ranch ($1m contribution). Additionally, the City has solely acquired open space outside the City limits, notably at Cozy Point Ranch and the Aspen Mass properties. FINANCIAL/BUDGET IMPACTS: The asking price of this parcel is $1,750,000, and Aspen Valley Land Trust is coordinating a multi- stakeholder group of financial contributors for the acquisition of the property. The proposed 2023 Parks and Open Space budget does not reflect this expenditure, and if Council directs staff to proceed with a contribution on this acquisition, staff will include this funding request in the 2023 Spring Supplemental request. The current Parks and Open Space fund has sufficient reserves to cover this acquisition at $200,000 ENVIRONMENTAL IMPACTS: There are many environmental benefits to preserving this land. Most notably, the preservation of this parcel will help maintain habitat, for a variety of animals such as elk and deer, and shall serve as a broader zone of conserved lands in the area. ALTERNATIVES Council could choose to not provide a contribution for the acquisitionof this property, and direct staff to not partner with Aspen Valley Land Trust for the conservation of the parcel. Council could direct staff to partner for an amount other than the proposed staff recommendation. STAFF RECOMMENDATIONS: Parks and Open Space Staff recommends a contribution of $200,000 towards the contract to purchase the Colorado Outward Bound School basecamp parcel. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A – Vicinity Map 231 RESOLUTION # 048 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A FUNDING CONTRIBUTION TO ASPEN VALLEY LAND TRUST FOR THE PURCHASE OF REAL PROPERTY IN GUNNISON COUNTY KNOWN AS THE COLORADO OUTWARD BOUND SCHOOL MARBLE BASECAMP. WHEREAS, there has been submitted to the City Council a request to appropriate $200,000 from the Parks Fund to Aspen Valley Land Trust for the acquisition of the Colorado Outward Bound School Marble Basecamp; and WHEREAS, the City of Aspen Open Space and Trails Board recommends the contribution of City funds towards the purchase of this property; and WHEREAS, after due deliberation and consideration the City Council has determined that it is in the best interest of the City of Aspen to approve said Contribution. 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 contribution of $200,000 towards the acquisition of Colorado Outward Bound School Marble Basecamp, as depicted on the vicinity map, attached hereto. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 28 th day of March 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, March 28, 2023. 232 Nicole Henning, City Clerk 233 234 MEMORANDUM TO:Mayor and City Council FROM:Nicole Henning MEMO DATE:March 20th, 2023 MEETING DATE:March 28th, 2023 RE:Board Appointments By adopting the Consent Calendar, Council is making the following appointments: Charlie Olson – Next Generation Advisory Commission Rodney Hill – Local Licensing Authority 235 1 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 14TH, 2023 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Richards, Mesirow, and Hauenstein present. PROCLAMATION: Mayor Torre announced a proclamation to be read this evening in remembrance of Bill Murphy and he proceeded to read the proclamation aloud. He thanked Murph’s family members who are joining us online tonight; many thanks to you and he will be missed. He said a new tradition has started of when you are drinking a red wine, stick a straw in it. Ed Cross – Mr. Cross said he has 51 years of residency in Aspen. We are in a dispute with Centennial and APCHA. We would like to raise community awareness of the issue. You’ve made a grievous mistake by not buying out the deed restriction. By passing on it, you can be aware of what the deed restriction is worth to this community. All of Centennial’s problems were initially and conclusively determined to be from the design of the buildings which were meant for a desert climate. There is an easy solution and that the city pony up the money to fix the problem and then regain the money spent by selling the units. Mayor Torre said they can’t do this alone and they have met with the county on this subject. They are scheduled for another executive sessionon the subject tonight. Gaudalupe Laiz – Ms. Laiz said she owns the Gualdalupe Laiz Gallery located at 306 S. Mill Street. She passed around some pictures of the location and surrounding area. She said every single space is closed across from her right now. There are 6-8 spaces across from her with nothing going on. As a small business, foot traffic is almost nothing at this point. It’s a dead street even though she’s in the core of town. If we can come up with a creative way to think outside of the box, and to get some people walking on that street, she would greatly appreciate it. Mayor Torre said he lives a half block from where she is, and he knows what’s been going on with that street. Their hands are tied in a lot of ways regarding the landlords filling these spaces. He asked for comment from the City Attorney. City Attorney, James R. True, said they are looking at a vacancy tax and are trying to work with the owners the best they can to get them to move forward. Councilor Richards encouraged her to take this to the Aspen Chamber of Commerce and see if there is anything they can do to enliven that street. Councilor Mesirow asked if they had a farmers market type thing on that block if she would like it or look at it as competition and she said she would like it. Mayor Torre said he reached out to the owners of those properties and the response received wasn’t community considerate. Jeff Moerke with Harper & Hudson – Mr. Moerke said he also has reached out to the same individual and has received a negative response. He said he is opening a restaurant in Snowmass Village soon. He said this particular owner isn’t interested in small businesses. Regarding Harper & Hudson, he said they have an outdoor space with outdoor seating. They would like to expand their operation to accommodate more seating. Since they are in the midst of winter, he put up a temporary tent. It made the outdoor patio look livelier and has spiked their sales. He started the application process in 2022 for a 236 2 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 14TH, 2023 pergola. He said the paperwork has been sitting and waiting so he’s been trying to keep this temporary tent as long as he can. It’s been up for 14 days so far. Mr. True said he wasn’t aware of this issue at all, and the conversation should take place not at this table tonight. Mr. Supino said neither he nor Ben Anderson are aware of the request, but they are happy to speak with Mr. Moerke offline. Mayor Torre asked him to look into electric heat since he is currently using propane. Peter Fornell – Mr. Fornell asked council if he was an employee and he lied to them, if they would fire him. With all we know, he asked what they are doing right now to remove Mick Ireland from his position as compliance officer for APCHA. It’s been shown beyond any question that he has misrepresented all of you. Mr. True said it’s not an issue of this council, but an issue for APCHA. Councilor Richards and Councilor Mesirow agreed that this issue has been investigated by APCHA. Mayor Torre asked for more information on this, and Mr. True said they can get it for him. Amos Underwood and Chris Bendon – Mr. Bendon said they are here on behalf of the LLA. Our concern is now that we are down to three members, since Murph’s passing, we are here asking for help to get members for our board. Mr. Underwood said that Murph was their chair, and they are the local licensing authority who hears liquor and marijuana applications. Mr. Bendon said it’s an easy board to be on. He mentioned that there will be a celebration of life this summer at Mi Chola in May, and he hopes everyone will bust out their flip flops and their purple first-generation fleece Patagonia and come out. COUNCIL COMMENTS: Councilor Hauenstein said it’s election season, so he encourages everyone to consider the choices before them. If you want to complain, you should vote. Councilor Richards said there is a tendency to believe that people who live in affordable housing are scofflaws, but APCHA does have a compliance officer part time and there are always numerous issues which are under investigation. We created a fine schedule for people regarding issues that can be resolved. The hearing officer is never the final determination. Issues can always be appealed with the BOCC and the APCHA board. Councilor Doyle saidwith the World Cup going on in Europe right now, the skiers wrote a letter to the FIS. They are demanding changes regarding climate change. He read a portion of the letter speaking about heat waves and glaciers and competitions being canceled due to the conditions. Councilor Mesirow wished everyone a happy Valentine’s Day and said we all deserve and need a little bit of love today. Councilor Richards wished her son a happy 42nd birthday today. Mayor Torre said ballots will be hittingmailboxes soon and reminded everyone of election day on March 7th. Please show up and participate. He also mentioned a proposal from Sheldon Gentry, who is asking 237 3 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 14TH, 2023 council to show their support and funding for a commemorative plaque for veterans and a merit badge for an Eagle. Councilor Hauensteinsaid he should appear before council in person. Council supports this. City Manager, Sara Ott, said she will accept that as informal direction. Mayor Torre said Barclay Dodge is up for the James Dodge award for best chef. They came through town in December. If you haven’t been to Bosq, it’s a treat. CITY MANAGER COMMENTS: Ms. Ott said golf passes went on sale yesterday. Ajax Cubs will be opening Monday February 27 th and will be a phased opening at the Yellow Brick. She will be taking some time on the February 28 th agenda to give an update on the police chief recruitment. Ward mentioned Sister Cities and the visitors from Bariloche they have had recently. BOARD REPORTS: Councilor Hauenstein said he had RFTA, and they discussed succession planning. Councilor Richards spoke about CML and Club 20. Councilor Doyle said he and Mayor Torre had CAST in Steamboat Springs. A big part of it was talking about reforesting the river. Mayor Torre said there is governor office housing discussion about concerns in small mountain towns. Ms. Ott has agreed to work with that office and share our point of view. Ms. Ott gave an airport update. CONSENT CALENDAR: Councilor Hauensteinpulled #007, Series of 2023 – Water Efficiency Plan Update – Cole Langford, Utilities Business Services Manager; Tyler Christoff, Deputy Director Public Works; Justin Forman, Utilities Operations Manager Councilor Hauenstein said he wants them to pat themselves on the back and have some recognition for their hard work. He asked Mr. Christoff to describe the well program. Ms. Ott announced that Justin Forman is now the director of utilities Councilor Richards said she has questions on Resolution #021 and #022 – Red Brick Electric Circuit Replacement – Justin Forman, Utilities Operations Manager Mr. Forman explained that this is for future infrastructure work. Councilor Hauensteinmotioned to adopt the consent calendar; Councilor Doyle seconded. Mayor Torre recognized the board members being appointed. He is bringing this up because if you are interested in being on a board, please apply on the city website. Roll call vote: Doyle; yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. 238 4 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 14TH, 2023 FIRST READING OF ORDINANCES: Ordinance #04, Series of 2023 – Ainsley Brosnan-Smith, Environmental Health Specialist and Jimena Baldino, Waste Diversion and Recycling Ms. Brosnan-Smith said they support organics diversion, which is part of council’s carbon goal, and has science-based targets. She explained the purpose and why behind this ordinance regarding GHG emissions inventory, methane emissions, and a climate action plan. She spoke about 2022 waste characterization results. She said this time last year, they reached out to stakeholders who said space, wildlife, smell and cost are the challenges they have. She spoke about the key elements of chapter 12.05. she said that staff recommends approval. Councilor Richards said she appreciates the educational and phased approach. She supports this going forward. She thinks they should budget money to power wash containers in the alley, and they should stage a grassroots tv discussion as well. She wants to make sure to reach people. Councilor Doyle said some of the biggest restaurants are up on the mountains. He would like to see them composting as well. Councilor Hauensteinmotioned to read Ordinance #04; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. City Clerk, Nicole Henning, read the ordinance. Councilor Hauenstein asked why we aren’t making everyone in town do this and not just restaurants. He’s concerned the phasing is too long. He would like to see more direct contact with restaurants and managers to be here for public comment. Councilor Mesirow said he wants this to be successful and thinks it’s great. He asked about business outreach. Ms. Brosnan-Smith said restaurant employee turnover is a point of concern. They have to make sure everyone is doing it. Mayor Torre complimented them on the presented memo. He’s also a composter at his own home and said it creates much less trash. Councilor Hauensteinmotioned to approve Ordinance #04; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Ordinance #05, Series of 2023 – Aligns Aspen’s general fee schedule with the provisions in the newly adopted building and energy codes and the new Renewable Energy Mitigation Payment calculator tool – Ben Anderson, Deputy Director Mr. Anderson explained that the calculator will be approved via resolutionand staff is recommending approval. Councilor Richards motioned to read; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Ms. Henning read the ordinance. 239 5 REGULAR MEETING ASPEN CITY COUNCIL FEBRUARY 14TH, 2023 Councilor Hauenstein motioned to approve Ordinance #05; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Mr. True introduced the executive session. Councilor Hauenstein motioned to move into executive session; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. ___________________________ Nicole Henning, City Clerk 240 MEMORANDUM TO:Mayor and Council FROM:Sara Ott, City Manager Jenn Ooton, Senior Project Manager THROUGH:Sara Ott, City Manager MEMO DATE:March 24, 2023 MEETING DATE:March 28, 2023 RE:Discussion regarding Senate Bill 23-213 REQUEST OF COUNCIL: Council will discuss the city’s approach to a bill introduced on Wednesday, March 22 in the Colorado General Assembly that would preempt local land use and zoning authority, make changes to the requirements for future Comprehensive Plan/Master Plan updates and require minimum density standards in certain areas. The bill’s impacts are tiered with the greatest impacts for urban municipalities. As written, the bill identifies Aspen and 14 other mountain communities such as Snowmass Village, Glenwood Springs and Telluride as rural resort job center municipalities that would also be impacted heavily by the bill. SUMMARY AND BACKGROUND: The bill’s approach to increasing the availability of affordable housing is not in line with the City of Aspen Policy Agenda, which supports a position of local control. The Policy Agenda states that “Local governments are best suited to identify solutions to local issues particularly regarding the services provided and land use decisions we make.” ATTACHMENTS: Senate Bill 23-213 as introduced, a summary of the bill, and the city’s Policy Agenda. CITY MANAGER COMMENTS: 241 March 22, 2023 __________________________________________ MORE HOUSING NOW: Policy Summary Sponsors: Sen. Moreno, Rep. Woodrow, Rep. Jodeh I.Goals of the Policy Package: The Problem:Housing costs are forcing Coloradans out of their neighborhoods,and housing shortages are making the problem worse.Seniors who want to downsize,young people living on their own,and first-time homebuyers,all struggle to find homes.People are moving further from where they work and spending more on transportation costs.As a state,this means more congestion on our roads,more pollution,and more businesses without workers.These problems are inter-jurisdictional and beyond any community's ability to solve alone.If we don’t act now,we risk facing the point of no return,and Colorado could become like California. The Solution:We need more housing for every Colorado budget.This policy package will drive down the cost of housing for ownership or rent by allowing more housing options to be built in smart locations within municipalities, especially in the urban municipalities and rural resorts with the greatest need. THE PACKAGE DOES…..THE PACKAGE DOES NOT…. Create more options for property owners to build a variety of housing types in smart locations. Discourage or prevent single-family homes. Streamline regulations to make it easier to build a variety of housing types. Tell cities or property owners what they have to build. respect the municipal role in land use decision-making. allow the state to regulate every aspect of land use decision making. Speed implementation of Colorado's historic investments in affordable housing. Control local affordable housing policies. Create a policy floor that tailors strategies to the needs of different communities and regions. Apply one-size-fits-all standards to the state. Focus on larger municipalities and metro areas as the right place for more housing options. Require denser housing types in unincorporated areas or rural areas of the state. Strengthen collaboration between local,regional, and state entities on future planning efforts. Create a top-down West Coast system of statewide planning. 1 242 II.Key Details of the Policy Package: a.Geographic Application.The package applies policies differently to different tiers of municipalities. ●Urban Municipalities (Tier 1)mean all municipalities that are: ○In an MPO with a population greater than 1 million,and within a Census Urbanized Area with greater than 75,000 population, and with at least 1,000 municipal population;or ○In an MPO with a population less than 1 million,and with a municipal population greater than 25,000. ●Urban Municipalities (Tier 2)means all other municipalities that are: ○In an MPO with a municipal population of at least 5,000 and less than 25,000,and in a county with greater than 250,000 population. ●Rural Resort Job Center Municipalities mean municipalities that are outside MPOs,have a minimum of 1,000 population,a minimum of 1,200 jobs,a minimum 0.64 jobs to population ratio,and have current regional transit service with at least 20 trips per day (note:future transit service expansions will not qualify a community for this category). ●Non-Urban Municipalities mean all other municipalities with greater than 5,000 population. ●Small or Rural Municipalities mean small or rural municipalities that are not included in the above criteria and are only required to meet Statewide policies. ●Statewide means all cities,counties,and city/counties.The only statewide policy in the package is Occupancy Restrictions. ●Counties:Policies requiring housing do not apply to counties.Counties would follow Statewide policies (occupancy restrictions),-and Larger Counties would follow the analysis and reporting requirements involved in Strategic Growth Planning. b.Exemptions and Extensions are available to ensure housing is not placed in areas with hazards and sensitive environments,and to ensure that necessary infrastructure is in place to accommodate these housing types: ●Exemption for hazards and sensitive areas:Applicable municipalities need not allow ADUs, Middle Housing,Transit Oriented Communities,or Key Corridors in areas outside Census Urbanized Areas,not served by domestic wastewater services,in active agricultural use,are of high wildland-urban interface (WUI) risk, or are in a floodway or 100-year floodplain. ●Extension or exemption for lack of water supply or infrastructure:Municipalities may apply extensions or exemptions for specific areas where they can demonstrate that water, sewer, or stormwater services and water supply are currently or expected to become deficient. c.Flexible Option and Default Option.For each of the housing policy areas listed below (ADUs, Middle Housing,Transit Oriented Communities,and Key Corridors),subject municipalities will have a choice between a Flexible Option that sets minimum standards,or a Default Option with a Model Code. ●The Flexible Option sets a policy floor that preserves broad decision-making authority for municipalities within the parameters of the "minimum standards".Where a municipal code already meets the minimum standards,the code will not need to be changed.If the municipal code does need to be changed,the flexible option allows municipalities to use its preferred language.Existing strategies for affordable and attainable housing are encouraged to continue. Most municipalities are likely to choose the Flexible Option. ●The Default Option is a state-defined Model Code that would apply to municipalities in instances where the municipality does not not choose the Flexible Option by a certain date. 2 243 With this option any housing development that meets the standards in the Model Code must be approved by the municipality administratively. d.Technical Assistance.DOLA will provide technical assistance for communities to accomplish the items within this package (code changes, housing plans, etc). e.Implementation. ●DOLA/Division of Local Government (DLG): ○The Executive Director of DOLA is authorized to promulgate rules,policies,or procedures to implement these sections. ○DLG provides technical assistance, compliance, reporting, and other functions ●Multi-agency advisory committee: ○The multi-agency advisory committee consists of the ED of DOLA or their designee,the ED of CEO or their designee,the ED of CDOT or their designee,and the ED of DNR or their designee. ○Shall propose rules,policies,and procedures to the DOLA Executive Director for modification and approval to implement these sections. ○Shall conduct public comment periods,public meetings and hearings,and other public input methods to inform the development of rules,policies,and procedures to implement this section. ●Multi-agency group:Composed of staff of CEO,CDOT,DOLA,and DNR.Supports DLG to provide technical assistance, compliance, reporting, and other functions. III. Major Parts of the Policy Package There are seven major parts:(1)Housing Needs Assessments and Plans;(2)Accessory Dwelling Units; (3)Middle Housing;(4)Transit-Oriented Communities;(5)Key Corridors;(6)Removing Barrier to Affordability; (7) Supporting Strategic Growth and Water Efficiency Part 1. Housing Needs Assessments & Housing Needs Plans a.Purpose:The Housing Needs Assessments sets housing goals at the statewide,regional,and local levels so that Colorado can track progress toward creating housing opportunities for every budget.Local Housing Needs Plans identify how municipalities will seek to meet their housing goals.Note that Housing Needs Plans goals are NOT regulatory,and this policy does not set penalties for not meeting housing goals.Housing Needs Plans are also the mechanism for municipalities to report implementation efforts for ADUs,Middle Housing,and Transit Oriented Communities/Key Corridors. b.Geographic Application: ●Housing Needs Assessments:Statewide ●Geographic application for Housing Needs Plans:Rural Resort Job Centers (with flexibility) and Tier 1 and 2 Urban Municipalities. c.Policy Summary: ●Housing Needs Assessment:The state will conduct a Housing Needs Assessment for different income levels and household types every 5 years.The Assessment will assess total housing needs at the state level.It will address housing needs at the regional and local levels,using regional and local factors such as jobs-housing balance,transit accessibility,and income levels.The assessments will consider the existing housing stock and projected housing needs over the next 20 years.The local Housing Needs 3 244 Assessments will serve as goals for Urban Municipalities and Rural Resort Job Centers to complete a Housing Needs Plan. ●Housing Needs Plans for Urban Municipalities and Rural Resort Job Centers:A Housing Needs Plan must include: ○An analysis of how the municipality will provide a realistic opportunity for development to meet its local housing needs assessment. ○A summary of how the municipality is complying with the applicable housing requirements for ADUs,Middle Housing,TOD,and Key Corridors (as discussed in Sections 2, 3, 4, and 5). ○A description and implementation plan of each strategy selected from the Menu of Affordability Strategies that address the identified income levels in the housing needs assessment. ○An assessment of displacement risk in their community and any strategies selected from the Menu of Displacement Mitigation Strategies (for Urban Municipalities). ○A description of stakeholder engagement conducted. ●Menu of Affordability Strategies:As part of the Housing Needs Assessment,the state will develop a Menu of Affordability Strategies.As part of a Housing Needs Plan,subject municipalities must choose at least two strategies from the Menu of Affordability Strategies,and three strategies if they are a municipality to which Transit Oriented Communities applies. ●Menu of Displacement Mitigation Strategies:As part of the Housing Needs Assessment,the state will develop a Menu of Displacement Mitigation Strategies.The Menu will provide Urban Municipalities with guidance on identifying communities at risk for displacement and appropriate strategies to mitigate displacement,which local jurisdictions may use at their discretion. ●Reporting:Municipalities will report on housing unit production,strategy adoption,and other elements. DOLA will synthesize and publish these reports. ●Rural Resorts:Regional Approach to Housing Planning:Rural Resorts have unique housing challenges requiring that additional flexibility to determine locations for Middle Housing and Key Corridors at a regional level.The Rural Resort approach involves the following elements: ○Rural Resort Regions will be identified based on commuting patterns and other factors. ○All jurisdictions will participate in a collaborative process to develop a Regional Housing Needs Plan. ○Through the Rural Resort Housing Needs Plan process,stakeholders will use data to determine where Middle Housing and Key Corridors can be located to meet minimum standards in ways that align with the region's affordability needs, infrastructure, and feasibility for development. ○During the Rural Resort Region Housing Needs Plan process,municipalities are encouraged to create inter-jurisdictional strategies that consider both housing and mobility.Rural Resort Job Centers may utilize these inter-jurisdictional strategies to meet the goals in their Housing Needs Plan. ○At the conclusion of the Rural Resort Region Housing Needs Plan process,a report documenting the outcomes and commitments of all the municipalities in the process will be submitted to DOLA. 4 245 ○Following completion of the regional process,the Rural Resort Job Center Municipalities will submit a housing needs plan with the requirements detailed in that section above. Part 2. Accessory Dwelling Units (ADUs) & Part 3. Middle Housing a.Purpose:These policies give property owners the option to build ADUs and Middle Housing (duplexes,townhomes,triplexes,quadplexes,multiplexes up to 6 units)within existing residential areas.ADUs and Middle Housing can provide housing options that are more affordable and use less energy, water, and land. b.Geographic application: ●ADUs applies to: ○Tier 1 and 2 Urban Municipalities ○Rural Resort Job Center Municipalities ○Non-Urban Municipalities ●Middle Housing applies to: ○Tier 1 Urban Municipalities ○Rural Resort Job Center municipalities must,through a Regional Housing Needs planning process,identify how and where zoning for Middle Housing can meet identified housing needs (see Rural Resort approach). c.The Flexible Option includes minimum standards in statute so that implementation may begin immediately. ●Use-by-Right:must be a permitted use approved through administrative review in all eligible zoning districts where single-unit dwellings are a permitted use. ●Parking:Urban Municipalities may not require new off-street parking for these housing types,but homeowners or developers may provide any amount of parking they determine is needed.ADA parking requirements would continue to apply. ●Flexibility on Affordability:Municipalities have flexibility to regulate short term rentals or encourage affordability in these housing types. ●Resident-occupancy:Rural Resort Job Center Municipalities may include (or maintain existing) provisions to ensure housing is used for the local workforce. d.The Default Option Model Code would include: ●All of the above, plus additional detailed zoning requirements and standards as needed. ●Projects that meet the standards must be administratively approved by the municipality. Part 4. Transit Oriented Communities & Part 5. Key Corridors a.Purpose:Transit Oriented Communities and Key Corridors are areas where multi-family housing can be located near jobs and transit within existing urbanized areas.They are vibrant and walkable mixed-use neighborhoods where people can easily reach their daily needs.They provide opportunities for community institutions to provide multi-family housing. b.Geographic Application: ●Transit Oriented Communities:Tier 1 Urban Municipalities 5 246 ●Key Corridors ○Tier 1 Urban Municipalities ○Rural Resort Job Center municipalities must,through a Regional Housing Needs planning process,identify how and where zoning for Key Corridors can meet identified housing needs (see Rural Resort approach on page 6) c.Transit-Oriented Communities (TOCs) Summary: ●Designation:within ½ mile of fixed rail stations. ●The Flexible Option includes the following minimum standards for TOCs in statute: ○Density:Municipalities may establish sub-districts within TOC areas that have different sizes and densities,so long as the overall zoning meets a minimum gross density of 40 units per acre and minimum district size. ○Use-by-right.Urban Municipalities must approve multi-family housing in these areas administratively as a permitted use. ○Parking.Urban Municipalities may not require new off-street parking for these housing types, but developers may provide any amount of parking they determine is needed. ●The Default Option Model Code for TOCs will be developed to include the following standards: ○Density:Minimum net density of 40 units per acre that applies in a blanket fashion across the Transit Oriented Community area. ○Affordability Bonus:A bonus density for mixed-income affordable housing up to 60 units/acre will apply. ○Administrative approval:Projects that meet the standards must be administratively approved by the municipality. ○Additional detailed zoning standards as necessary. ○Parking.Urban Municipalities may not require new off-street parking for these housing types, but developers may provide any amount of parking they determine is needed. d.Key Corridors Summary:Key Corridors include flexibility so that municipalities can determine how and where multifamily housing can be incorporated into walkable neighborhoods,downtowns and centers, and bus transit corridors. ●Designation:Applies to: ○Areas within ¼mile of BRT routes and high frequency (15-minute or less)bus routes greater than 1 mile in length. ○Designation of transit corridors is based on current transit plans and/or existing transit service,and will not apply to future increases in transit service beyond those currently planned. ○Commercial and mixed-use corridors and centers. ○Institutional zones and sites (such as schools,religious institutions,and governmental partners). ●The Flexible Option includes the following minimum standards that would be determined via future rules. ○Density:Minimum standards will be established that identify minimum average density for Key Corridors.Municipalities will have flexibility to identify areas within Key Corridors where additional density is optimal for their community,ideally around centers and nodes, while meeting overall minimum standards. ○Use-by-right.Urban Municipalities must allow multi-family housing as a permitted use approved administratively.Rural Resort Job Center municipalities must,through the 6 247 housing needs planning process,identify how and where zoning for Key Corridors can meet identified housing needs. ○Parking.Urban Municipalities may not require new off-street parking for these housing types, but developers may provide any amount of parking they determine is needed. ●The Default Option Model Code will be developed to include the following: ○Density:A minimum zoning density will be set and would apply in a blanket fashion across the Key Corridors. ○Administrative approval:Projects that meet the standards must be administratively approved by the municipality. ○Affordability bonus:A 50%increased density standard will be permitted for mixed-income affordable projects. ○Parking.Urban Municipalities may not require new off-street parking for these housing types, but developers may provide any amount of parking they determine is needed. ○Additional detailed zoning standards as determined by the state. Part 6. Removing Barriers To Affordability a.Purpose:These policies include a variety of approaches that are intended to reduce the cost of housing and increase the availability of new housing. b.Summary: ●Minimum unit square footage:Urban Municipalities (Tier 1 and 2)may not require minimum square footage for residential units,except in situations where minimum square footage is required for the purpose of health and safety. ●Family status occupancy restrictions:All municipalities and counties statewide may not establish or enforce residential occupancy limits based on familial relationships among any occupants. ●Streamlining manufactured housing:Urban Municipalities,Rural Resorts,and Non-Urban Municipalities may not treat the development of manufactured/modular housing differently than the development of site built units.The bill also tasks the Division of Housing Technical Advisory Committee with studying opportunities and barriers in current statute and regulatory codes in regards to streamlining the building of manufactured,modular,and tiny homes,and submitting a report within one year. ●Remove Restrictions Part 7. Strategic Growth Planning and Water Efficiency a.Purpose:This section includes consistent data collection,analysis,planning,and collaboration between local,regional,and state entities to promote strategic growth and development patterns. Strategic growth can help make progress towards state goals around cost savings for residents and governments,reduced water consumption,lower greenhouse gas and air pollution emissions,and reduced loss of open space and agricultural lands.This section does not give the state new authorities over growth and development.It sets a "north star"to guide state,regional,and local entities as they make funding and planning decisions. b.Summary of State Agency action Items: ●Strategic Growth Objectives.The state shall set Strategic Growth Objectives to incentivize growth in transit-oriented areas,infill areas,and strategic and efficient growth at the edges of urban areas.The process shall include opportunities for public input and engagement.The intent 7 248 is to guide state,regional,and local agencies to update plans and make funding decisions that align with the housing policies set by this statute. ●Fiscal Benefits of Strategic Growth Study:The Interagency Working Group must submit to the legislature a report on the impact of development patterns and infrastructure systems on the fiscal health of local, regional, and state agencies in Colorado. ●Natural and Agricultural Land Values Report.The Interagency Working Group shall consult with Colorado Parks and Wildlife,Department of Agriculture,Outdoor Recreation Industry Office, and Colorado Tourism Office to develop a report housed at DOLA to serve as a resource for localities that identifies priority connectivity,open space and greenspace values within MPO areas. ●Transportation Planning.Ensure transportation planning is consistent with state Strategic Growth Objectives through updates to the following: ○processes involved with the development of CDOT/MPO regional plans and the statewide plan ○CDOT project prioritization criteria for regionally significant transportation projects in the next 10-Year Plan ○CDOT discretionary grant funds as well as other funds where the proposed prioritization criteria would not violate federal law or rules ○the State Highway Access Code to ensure that CDOT access control standards are optimized for efficiency for dense and affordable housing,while continuing to ensure that basic safety standards are met. c.Summary of Local Government action items for Strategic Growth: ●Greenfield Development Analysis.Urban Municipalities (Tier 1 and Tier 2)and counties over 250,000 population must,for any planned residential or commercial areas that are located outside of census urbanized areas in a Comprehensive Plan or 3-Mile Plan,identify these areas as one of the three categories (Efficient Growth Areas,General Growth Areas,Conservation Areas)using criteria set in the Strategic Growth Objectives process,and submit to DOLA/DLG a map that identifies these areas.Subject municipalities shall update the Greenfield Development Analysis as part of their Housing Needs Plan, and Comprehensive Plans for all subject entities. ●Additional elements within Comprehensive Plans.Updates to Comprehensive Plans for cities and counties who are required,or choose to,complete Comprehensive Plans must include the following Elements in order to encourage more efficient development patterns and align Comprehensive Plans with housing policies.This does not mandate that Comprehensive Plans become a regulatory document, they may continue to be advisory. ○Water Element the existing water efficiency element that is optional becomes required. ○Housing Element Municipalities shall incorporate the local Housing Needs Plan. ○Natural and Agricultural Lands Element Values shall be defined by the report. ○3-Mile Plan Element.Comprehensive Plans for municipalities shall include the 3-Mile Plan process.3-Mile Plans may continue to be produced in accordance with the current statute,which in individual circumstances may differ from the direction set within the Comprehensive Plan.However,the Comprehensive Plan must be updated to reflect the changes in the 3-Mile Plan. ○Require adoption of the Comprehensive Plan by elected boards (for counties). ○Consultation requirement:the municipality must identify NGOs,municipalities,housing authorities,and other entities that ensure an inclusive process should be consulted in the Comprehensive Plan and send a notification letter to potential consultation entities. ○Reporting requirement:municipality shall submit final draft to DOLA/DLG at least 60 days before final public hearing scheduled for adoption for review to certify that all required elements are included.After adoption,final Comprehensive Plans must be 8 249 submitted to DOLA/DLG within 30 days. ●Water loss reporting:Amend HB10-1051 to include required annual water loss reporting by covered entities to the Colorado Water Conservation Board. Summary of Policies and Application to Local Governments Urban Municipalitie s Tier 1 Urban Municipalitie s Tier 2 Rural Resort Job Center Municipalitie s Non-Urban Municipalitie s Statewide (Counties, small munis) 1.Housing Needs Assessments & Plans X X X 2.Accessory Dwelling Units (ADUs) X X X X 3.Middle Housing X With additional flexibility 4.Transit Oriented Communities (rail) X 5.Key Corridors (bus transit, commercial corridors) X With additional flexibility 6.Removing Barriers (Miscellaneous ) X X With additional flexibility X Occupancy restrictions only 7.Strategic Growth Planning & Water Efficiency X X X X Larger Counties only 9 250 Map of Urban Municipalities (Only larger cities are labeled) 10 251 List of Communities in Each Tier Urban Municipalities Tier 1 Urban Municipalities Tier 2 Rural Resort Job Centers Non-Urban Municipalities DRCOG:Arvada, Aurora, Boulder, Brighton, Broomfield, Castle Pines, Castle Rock, Centennial, Cherry Hills Village, Columbine Valley, Commerce City, Denver, Edgewater, Englewood, Erie, Federal Heights, Glendale, Golden, Greenwood Village, Lafayette, Lakewood, Littleton, Lochbuie, Lone Tree, Longmont, Louisville, Northglenn, Parker, Sheridan, Superior, Thornton, Westminster, Wheat Ridge North Front Range:Greeley, Fort Collins, Loveland, Windsor Pikes Peak:Colorado Springs, Fountain Grand Valley:Grand Junction Pueblo Area:Pueblo DRCOG:Dacono, Fort Lupton, Firestone, Frederick North Front Range: Evans, Berthoud, Johnstown, Tinmath, Eaton, Miliken, Severance Pikes Peak:Monument Grand Valley:none Pueblo Area:none Aspen, Avon, Breckenridge, Crested Butte, Dillon, Durango, Frisco, Glenwood Springs, Mountain Village, Silverthorne, Snowmass Village, Steamboat Springs, Telluride, Vail, Winter Park Alamosa, Brush, Canon City, Carbondale, Cortez, Craig, Delta, Eagle, Fruita, Fort Morgan, Gunnison, Gypsum, La Junta, Lamar, Montrose, Rifle, Sterling, Trinidad, Wellington ________________________________________ on Twitter @COBuildsBetter 11 252 Adopted and Approved at the January 24, 2023 regular City Council meeting Resolution #003, Series of 2023 2023 REGIONAL, STATE AND FEDERAL POLICY AGENDA 253 CITY OF ASPEN - 2023 POLICY AGENDA 2Sara G. Ott Sara.Ott@aspen.gov (970) 920-5083 CITY MANAGER Torre, Mayor Torre@aspen.gov (970) 948-2023 Skippy Mesirow Skippy.Mesirow@aspen.gov (847) 530-0811 John Doyle John.Doyle@aspen.gov (970) 948-6251 Rachel Richards Rachel.Richards@aspen.gov (970) 710-1038 Ward Hauenstein, Mayor Pro-Tem Ward.Hauenstein@aspen.gov (970) 948-3858 CITY COUNCIL Tara Nelson Tara.Nelson@aspen.gov 970-920-5059 SR. PARALEGAL Mailing Address: 427 Rio Grande, Aspen, CO 81611 Website: https://aspen.gov/1276/Policy-Agenda 254 CITY OF ASPEN - 2023 POLICY AGENDA 3CONTENT PURPOSE OF THE POLICY AGENDA 4 PRINCIPLES (*not in any particular order of preference)5 DELIVER QUALITY ESSENTIAL SERVICES 6 ENVIRONMENTAL SUSTAINABILITY 6 LANDS & NATURAL RESOURCES 7 HEALTH, HOUSING & HUMAN SERVICES 7 SERVICE INTEGRATION & COLLABORATION 8 LOCAL CONTROL 8 FISCAL RESPONSIBILITY 8 DELIVER ASPEN AREA COMMUNITY PLAN THEMES 9 DIVERSITY, EQUITY, INCLUSION & ACCESSIBILITY 10 ELECTIONS 10 PRIORITIES (*not in any particular order of preference)11 AFFORDABLE HOUSING 12 CLIMATE ACTION AND RESOURCE CONSERVATION 13 PUBLIC LANDS – NATURAL RESOURCES, WILDLIFE, PARKS, RECREATION 14 PUBLIC HEALTH & SAFETY 15 TELECOMMUNICATIONS 16 WATER AVAILABILITY & CONSERVATION 16 RIVER HEALTH 17 EARLY CHILDHOOD 17 RENEWABLE ENERGY 18 REGIONALISM 18 TRANSPORTATION 19 PROCESS 20 WHO'S WHO - OUR LEGISLATORS 20-21 DISTRICT MAPS AND DISTRICT NUMBERS 22-23 255 CITY OF ASPEN - 2023 POLICY AGENDA 4The purpose of the City of Aspen’s 2023 Regional, State and Federal Policy Agenda (hereinafter “Policy Agenda”) is to inform city advocacy on policy decisions that have the potential to significantly impact 81611 and surrounding jurisdictional boundaries. This includes legislative decisions that may be made by the Colorado General Assembly or the U.S. Congress. It also includes various non-legislative decisions that can be opined at the federal, state and regional levels, including but not limited to those before Colorado agencies (i.e., Air Quality Control Commission, Public Utilities Commission, Department of Transportation, Department of Regulatory Affairs), federal agencies (i.e., Environmental Protection Agency, Department of Transportation, the Federal Communications Commission), regional governments (i.e., Regional Transportation District) and intergovernmental coalitions (i.e., Colorado Municipal League, Mountain Pact, Colorado Communities for Climate Action, Climate Mayors, Northwest Colorado Council of Governments, Colorado Association of Ski Towns, Water Quality/ Quantity Committee, Elected Officials Transportation Committee) The City offers the Policy Agenda as a guideline to regional, state and federal policy leaders for reference when considering decisions impacting the City of Aspen. This agenda was developed in advance of the 2023 Colorado General Assembly. With the coordination of the Sr. Paralegal, policy team staff and the City Manager, it will be used by individual City Council members and city staff to inform city positions taken on specific bills once these legislative sessions begin. At that point, Council may consider adopting amendments to the Policy Agenda to address specific bills that have been proposed. Council may revisit the Policy Agenda at any point. It may do so as a body or with staff. City Manager has created this position for the purpose of convening on an ad hoc basis as necessary when one or more of the following circumstances exist: 1. There is an immediate need for council members to participate with staff in developing a strategy to advance or defeat a proposed policy which is clearly addressed by the City’s Policy Agenda or other council-approved policy documents, or 2. A decision is expected to be made on regional, state or federal policy that affects a matter which council has previously provided general direction on and that could significantly impact the city, but which council did not provide sufficient specific direction on (either through its Policy Agenda or other approved policy documents) and with timing that will not allow for council direction to be obtained. In these limited situations, the City Manager and Senior Paralegal may discuss such policy proposals so that the city can advocate accordingly. Council is to be informed whenever such direction has been provided and may choose to subsequently revisit such direction. Modifications to this Policy Agenda require consistency, when applicable, with the criteria listed below: 1. Uniformity with current city council goals, community expectations and Aspen Area Community Plan; 2. Impact on our citizens general health, safety & welfare; 3. Expected relevance in the upcoming or present state and federal legislative sessions; 4. Uniqueness of issue or impact to the City of Aspen and/or to our regional partners; 5. Viability or likelihood of achieving goal weighed with importance of beginning to address/highlight critical issues; 6. Opportunity for providing funding for City of Aspen or its community partners; and, 7. Availability of metrics of success that would allow the position to be deleted from future agendas if achieved This policy agenda recognizes circumstances arise wherein a City Council member may be a lone representative of an organization and must address and/or vote on a policy position on the spot. Departures from these criteria are made in unique circumstances as determined by council, such as when adoption of a city position is important to support its regional partners, even while the policy in question is otherwise of limited consequences to the city. Further, departures may broaden our approach for advocacy with policies that align with our values and intention for our state and nation even when they are benign towards Aspen or may disadvantage Aspen for a larger good or shared goal. This policy agenda further recognizes that Aspen may look at how affiliations and like– minded organizations may take position on certain pieces of legislation. Aspen will strive to take position with the recognition that it is unique, and although guidance from interest groups and Colorado Municipal League may be sought, there are times where our position may not be consistent or aligned. The City welcomes the opportunity to discuss the Policy Agenda. Please direct any questions to Tara Nelson. PURPOSE OF THE POLICY AGENDA 256 PRINCIPALS AT A GLANCE CITY OF ASPEN - 2023 POLICY AGENDA Delivery Quality Essential Services Environmental Sustainability Lands & Natural Resources Health, Housing & Human Services Service Integration & Collaboration Local Control Fiscal Responsibility Deliver Aspen Area Community Plan Themes Diversity, Equity, Inclusion & Accessibility Elections 5257 CITY OF ASPEN - 2023 POLICY AGENDA 6The City urges Congress and the General Assembly to expand resources for those essential services that serve the city’s most vulnerable, including childcare assistance, access to affordable health care, mental health and addiction services, and protect the community and the environment. As identified in the Aspen Area Community Plan, the City of Aspen’s intent is to ensure a broad visitor base over the long-term, bolstering the sustainability of our visitor-based industry. In addition, this plan calls for more aggressive measures to ensure that the commercial sector provides essential products and services, and to ensure balance between a local-serving and visitor-oriented commercial sector. We foster policy to facilitate the sustainability of essential businesses that provide basic community needs. It is apparent that gaps still exist in the provision of essential services including adequate housing and health care options for all community residents. We value a collaborative approach to finding creative, sustainable solutions. As a principle, we are guided by professional, legal and community standards that provide opportunities for people of all ages and abilities to achieve a higher quality of life through: self-reliance, public safety, health and well- being, education and lifelong learning. The City of Aspen maintains its commitment to promote environmental stewardship and lead climate action efforts throughout the Roaring Fork Valley and beyond. We will continue to advance policy that supports our ability to protect our unique local environment, conserve resources and deliver a sustainable future for all. We will investigate and support efforts and policies that offset and reduce greenhouse gas (GHG) emissions in meaningful and measurable ways as well as those that reduce waste through prevention and diversion. We support policies that reduce pollution from resource extraction activities on public lands that have local and regional impacts to our air quality, water quality and GHG emissions. Aspen’s Aspen Sustainability Action Plan (ASAP) is the community’s roadmap for reducing GHG emissions in Aspen and is used to inform which strategies and policies should be pursued by the City to further the mitigation of climate change. Deliver Quality Essential Services Environmental Sustainability 258 CITY OF ASPEN - 2023 POLICY AGENDA 7Aspen is dedicated to supporting and sustaining healthy communities that strengthen individuals and families while providing reasonable health and human services for anyone who calls the Aspen area home. We will strengthen the quality of life and well-being for all people in our community by practices that provide and promote opportunities in housing through the lens of policy that expands access and aids in inclusion and equity regionally and statewide. We strive to advance the framework for jobs and access to services, such as education, public safety and health through all phases of life. We value a collaborative approach to finding creative, sustainable solutions and are guided by professional, legal and community standards in providing opportunities for people of all ages and abilities to achieve a higher quality of life through: • Self Reliance: We must work together to help each person in our community meet basic needs and remain self-sufficient to the greatest extent possible. • Public Safety: We must continue to ensure that our safety services (police, sheriff, fire, child and adult protection, Mountain Rescue and emergency response, etc.) are efficient, effective, accessible and coordinated. • Health and Well-Being: We must encourage the highest level of personal health for everyone in our community through programs that encourage healthy lifestyles, reduce risks and create access to quality health care regardless of age, income or ability. Local and regional public health agencies, local boards of health, providers and non-profits must work together to ensure community-wide access to a comprehensive set of health services, including women’s reproductive care. • Education and Lifelong Learning: We must work together to ensure educational opportunities are available to all members of our community. The City of Aspen has established a dynamic natural resource program that encompasses both the urban forest and the surrounding natural resources. With over 1,100 acres of open space being 'locally secured' and protected by taxpayer funded acquisitions situated within a county comprised of thousands of acres of Federal BLM and Forest Service lands, we are committed to preserving and protecting these vital resources as well as enhancing our natural surroundings. We work to preserve open spaces for recreational use, wildlife habitat, scenic view planes and sustainment of our agricultural heritage; protect water sources and ensure a sustainable water supply; protect air quality and water quality to reduce impacts to residents; and support programs and funding for equitable access to public space and services. Health, Housing & Human Services Land & Natural Resources 259 CITY OF ASPEN - 2023 POLICY AGENDA 8As a home rule municipality, the City of Aspen believes the authority to address issues that pertain to the city must reside within. Local governments are best suited to identify solutions to local issues particularly regarding the services provided and land use decisions we make. Local authority also includes the flexibility to determine use of funding locally and precludes unfunded mandates from the state or federal government. City of Aspen budgeting reflects a priority on high-quality government services through seven strategic focus areas being: • Community engagement • Fiscal health & economic vitality • Smart customer-focused government • Environmental protection • Safe, lived-in community of choice • Development of publicly funded housing, including broader support and involvement in the creation of non-mitigation affordable housing, public- private partnerships • City of Aspen believes it is critical to the health of our economy to address the state revenue structure that restricts the state’s ability to respond to changing economic conditions, including the Taxpayer Bill of Rights (TABOR), Amendment 23, and the Gallagher Amendment. Fiscal Responsibility City of Aspen aims to ensure effective use of taxpayer funds and successful outcomes through efficient service delivery and integration of public programs and services. To increase efficiency and effectiveness, City of Aspen engages in and strongly supports collaborative efforts within city departments and with partner agencies and organizations in the local community, regionally, and state-wide. Service Integration & Collaboration Local Control 260 CITY OF ASPEN - 2023 POLICY AGENDA 9We are committed to revitalizing and sustaining the underpinning of our thriving community, the Aspen Idea. Our vision, map and plan of action for achieving goals rests with our Aspen Area Community Plan (AACP). We strive to encourage collaboration among non-profit organizations, local government, local businesses and individuals while fostering greater inclusivity and participation in cultural events amongst the spectrum of community residents and visitors while supporting activities and infrastructure, both social and physical, that enable and sustain the Aspen Idea. Implementing the themes of the 2012 AACP will require collaboration and cooperation among public sector agencies, businesses, private non-profits, local institutions and the general public. We are committed to: • Revitalizing and sustaining the Aspen Idea • Achieving sustainable land use practices that support a healthy year-round community and a thriving, vibrant visitor-based economy • West of Castle Creek Corridor area should provide a transition from rural expanses of Pitkin County to urbanized atmosphere of downtown Aspen • Providing an efficient, multi-modal and integrated transportation system that reduces congestion and air pollution • A strong and diverse year-round community and a viable and healthy local workforce are fundamental cornerstones for the sustainability of the Aspen area community • Aspen will be a local, regional, state and national leader in all aspects of environmental stewardship • Preserving our historic resources differentiates us a community and contributes to our long-term cultural awareness and sustainability as a community • Strengthen the quality of life and well-being for all people in our community by providing or promoting opportunities in housing, jobs and access to services, such as education, public safety and health through all phases of life • Supporting programs and policies that promote affordable housing locally, regionally and at the state level Deliver Aspen Area Community Plan Themes 261 CITY OF ASPEN - 2023 POLICY AGENDA 10The City of Aspen is committed to creating an inclusive and equitable community. By “inclusive”, we mean that we strive to give all people a place at the table as we engage in the processes to consider policies and make decisions toward our shared future. We will work to ensure that everyone, regardless of identity, feels welcome and is able to contribute to, and enjoy, the vibrancy of the community. By “equitable”, we mean that the outcomes of our inclusive processes aim to create conditions where all people, especially historically marginalized groups, have full and equal access to the opportunities and resources necessary to thrive in the community. We will identify and remove any structural inequities in our city policies, land use regulations, city charter, or other governing documents. In this commitment, we are affirming that our individual and collective diversity in gender, race, ethnicity, religion, national origin, age, sexual orientation, gender identify, citizenship status, education, disability, socio-economic status, or any other identify is a valuable asset to Aspen’s present and future. Accordingly, we will support policies and efforts that have the potential to increase, promote, achieve and foster inclusivity and equity in Aspen and the great Roaring Fork Valley region. Diversity, Equity, Inclusion & Accessibility The City of Aspen conducts municipal elections on the first Tuesday of March in 2019, and biennially thereafter, and special elections as required by the citizen (or Council) initiative process. The City of Aspen has full faith and trust in the elections of Colorado and is committed to conducting a clear, legal and trustworthy city and county election. However, the validity of our vote can be deteriorated by other states when it comes to final selection of the Senate and the Congress. Steps need to be taken to ensure quality civic dialogue. The City supports efforts at a state, regional and national level that strengthen our democracy, including but not limited to, increasing transparency, reducing or eliminating corruption, campaign finance reform, reducing or eliminating money in politics, gerrymandering and redistricting, open primaries, voter enfranchisement, process improvements such as mail-in ballots, steps that encourage voter participation and increase voter choice, and additional mechanisms to protect election integrity. Elections 262 PRIORITIES AT A GLANCE Affordable Housing Climate Action and Resource Conservation Public Lands - Natural Resources, Wildlife, Parks, Recreation Public Health & Safety Telecommunications Water Availability & Conservation River Health Early Childhood Renewable Energy Regionalism Transportation 11CITY OF ASPEN - 2023 POLICY AGENDA The following are the City of Aspen’s priorities for the 2023 legislative session, NOT including references to legislation that will be introduced in the General Assembly. City staff will closely monitor active legislation introduced in these areas as well as request regional support for bills that pertain and have interest to us. 263 CITY OF ASPEN - 2023 POLICY AGENDA 12This policy area includes deed restricted and free market owner-occupied and rental housing units which house Aspen and Pitkin County residents whose annual income is up to 240% of AMI. Affordable housing is essential to the economic and social health and sustainability of the City of Aspen. The City of Aspen is focused on the provision of quality affordable housing to ensure the continued viability of the community. As such, the City advocates for State and Federal policies and regulations which support its affordable housing program, including: • State laws respecting home-rule authority and permitting municipal government to raise revenue and budget for the development of affordable housing to meet local demand; • State laws which enable local government to acquire or dedicate land for the development of affordable housing; • Increased federal and state funding for affordable housing tax credits, vouchers, subsidies and other financial tools to support the development of affordable housing; • Federal and state funding assistance for housing authorities to support the development and management of affordable housing. • Support for local government's ability to regulate, manage or generate alternative sources of funding for affordable housing, including public-private partnerships Affordable Housing 264 CITY OF ASPEN - 2023 POLICY AGENDA 13Climate change is leaving an indelible mark on Colorado and threatens the quality of life of residents. The City of Aspen’s Climate Action Office identifies our city as one that is dependent on a stable climate and the maintenance of natural resources for a thriving economy. Aspen is committed to reducing GHG emissions through programming and policy in the following categories: low and zero emissions transportation, waste reduction, energy reduction in buildings, and advocating for state and federal regulations that support GHG emissions reductions. We support climate change preparedness, adaptation and resiliency efforts, the Colorado GHG Pollution Reduction Roadmap, as well as more aggressive goals and regulations that would require the state and country as a whole to reduce GHG Emissions. Aspen’s Sustainability Action Plan (ASAP) reflects the city’s new science-based targets for greenhouse gas emissions reductions of 63% by 2030 and zero carbon by 2050, along with the necessary actions to achieve these goals and realize a sustainable future for our community. Updated most recently in February 2023, the ASAP refocuses our commitment to Aspen’s future. The City works in collaboration with Colorado Communities for Climate Action (CC4CA) to address the legislation that the City expects to focus the bulk of its resources and political capital on regarding climate action. CC4CA is a coalition of local governments across the state that work to strengthen state and federal climate policy. The City also engages with other coalitions, such as The Mountain Pact and Climate Mayors, to advance climate change mitigation and resiliency efforts at the regional and federal levels. Aspen is committed to resource conservation through building efficiency, renewable energy sources, zero emissions vehicles, and waste reduction. Per the AACP, Aspen supports policies which will promote resource conversation by these methods. The City of Aspen understands that greenhouse gas emissions, including methane and carbon dioxide, are produced from numerous sources, including those sources and activities not directly controlled by the City of Aspen. One such source of warming causing emissions is abandoned coal mines located across the west. The City of Aspen supports the activities necessary to reduce, capture and eliminate the vast amounts of methane gas that is emitted from regional coal mines and the partners and organizations leading and contributing to that work. Furthermore, we support the preservation and expansion of local governments’ ability to engage in climate action efforts that include local and multi-city commitments. These partnerships and affiliations leverage successes at the state, national, and international level and create further value for our community and others. Climate Action and Resource Conservation 265 CITY OF ASPEN - 2023 POLICY AGENDA 14Pitkin County is 88% public land. Those lands provide essential resources, landscapes, and recreation opportunities which support the health and sustainability of our community, economy, and ecosystems. The proper management of public lands mitigates community impacts from natural disasters, ensures these lands support ecological health and biodiversity, provides diverse recreation opportunities, and supports commercial and conservation uses. Given Aspen’s proximity to public lands, dependence on those lands for community sustainability, and prioritization of climate and environmental action, the City advocates for policies and regulations which deliver the following: • Proactive forest management and wildfire mitigation which reduces threats from wildfire at the Wildland-Urban Interface and provides resources for wildland fire mitigation and management; • Federal lands management rooted in best practices and which balances recreation development and commercial uses with conservation ensuring the long-term health and biodiversity of public lands; • Federal lands policy and regulatory processes focused on public engagement and input, collaboration, responsiveness, and adaptation to local needs and conditions; • Recreation management focused on habitat preservation, user experience, diversity of travel and access opportunities, and the sustainable management of existing resources. • Extremely limited support for transfer of public lands to the states in cases where public access and public benefit remain unchanged • Adequate funding for Colorado Avalanche Information Center and overall adequate funding for Forest Service and emergency agencies enacting and removing fire fuels, load mitigation, campsite restoration and maintenance Public Lands – Natural Resources, Wildlife, Parks, Recreation 266 CITY OF ASPEN - 2023 POLICY AGENDA 15Providing for these quality of life factors is one of the core functions of municipal government. Community policing, safe drinking water, clean clear air, and a healthy environment, development regulations, safe transportation, and parks, recreation and open space programs are essential elements of a health community. The City of Aspen is dedicated to providing these community services. The City is focused on advocating for policies and regulations which assist in providing the services essential to a healthy, safe community, including: • Federal and state policies supporting community policing, intervention, prevention, public health, and rehabilitation programs which support local control of public safety and health outcomes; • Financial and policy support for inter-governmental coordination in the provision of public safety and health services and programs; • Local control over land use and development regulations which guarantee Aspen’s ability to implement planning, zoning, and design controls on the built environment, and assess impact fees and other exactions on development activities to deliver community goods and off-set the impacts from development; • Regulatory and financial support for the conservation of lands and provision of recreation services to support public and environmental health; • As members of the Western slope and residents of rural Colorado, a less populated side of Colorado, we would like to see equitable distribution of resources needed to protect our community health and safety • In the event of an epidemic, pandemic, crisis or future public health concern, ensure medical services are equally accessible to everyone. Public Health & Safety 267 CITY OF ASPEN - 2023 POLICY AGENDA 16Providing a safe, legal and reliable water supply to the City’s water customers is necessary for supporting a vibrant community. Water, especially in the West, is a precious resource that must be diligently protected. The City promotes the efficient management of water through: • Long-range planning efforts to identify future water needs and projects; • Legal strategies that protect the city’s water rights; • Conservation programs that promote efficient water use; • Coordinated responses for drought management; • Participation in State-wide efforts to manage water resources to the benefit of Colorado communities, especially on the West Slope; • Recognition of the importance of water storage in providing a reliable water supply. With less than a day’s worth of storage, Aspen is especially vulnerable to disruptions in the water supply. Water Availability & Conservation Like transportation, water, sewer, and energy services, telecommunications infrastructure is an essential public utility. The 21st Century economy relies on fast, reliable, accessible, and affordable telecommunications services. As a rural community, Aspen and its surrounding area are underserved by private telecommunications providers, particularly widely accessible high-speed broadband access. Aspen is focused on ensuring that telecommunications infrastructure is responsibility deployed and managed to mitigate impacts to community aesthetics, public health, and public property while providing accessible, reliable telecommunications utility services. Aspen supports policies and regulations which: • Support the development of municipally owned or managed telecommunications utilities infrastructure and franchises, including cellular and broadband services; • Oppose federal or state preemption of municipal control over access to and regulation of infrastructure and development within public rights-of-way and the preemption of imposition of design controls over utilities infrastructure; • Ensure equitable and affordable access to high-speed, quality mobile and broadband telecommunications services Telecommunications 268 CITY OF ASPEN - 2023 POLICY AGENDA 17Early childhood education is a pressing issue that has the potential of providing infrastructure for or holding back a thriving economy. When parents who want to work can’t fully participate, we hurt ourselves. Childcare is difficult to find, especially infant care, forcing many families to use less desirable care, work less, delay returning to work, or leave the community. Childcare is expensive, often costing a family more than housing. The rising cost of childcare has dampened women’s employment by 13 % for those with children under age 5. Childcare is a 3-legged stool: a functioning system that supports families and children requires investing in affordability, accessibility and high quality. If a childcare proposal focuses only on bolstering one leg, the others will grow weaker under the pressure. More childcare spots won’t necessarily mean parents can afford them. More money for parents won’t help address quality or access. The City of Aspen advocates for: • An early childhood education comprehensive plan that addresses high quality, access, and affordability. • Paid Family Leave that benefits children, families, and the community • Labor and workforce recognition and support for the needs of families with young children • Workforce development in early care and education field, including scholarships, training programs, and assessment and coaching support Early Childhood Like all of our natural environment, our local rivers are some of the community’s greatest assets and the reason many people choose to visit or make the Aspen area their home. Our rivers provide for a high quality life; support recreational, real estate, and tourism economies; and provide our downstream neighbors with drinking water. The health of these rivers remains of highest importance to our citizens and is identified in several guiding documents for the City, including the Aspen Area Community Plan and the Ecological Bill of Rights. As such, the City is committed to making choices and implementing programs that protect, preserve, and promote river health now and into the future, and is focused on advocating for policies and regulation which deliver the following: • Watershed and water resources protection and/or enhancement; • Local control over water resources projects and regulations that have the potential to impact the quality or quantity of water in the Roaring Fork watershed; • Local control over land use and development regulations which guarantee Aspen’s ability to implement planning, zoning, and design controls on the built environment, and assess impact fees and other exactions on development activities to deliver environmental protection and off-set the impacts from development River Health 269 CITY OF ASPEN - 2023 POLICY AGENDA 18Aspen has long-supported efforts to minimize reliance on fossil fuels. In 2015 the City became the 3rd City in the nation to provide 100% renewable energy to its customers. Aspen continues to support efforts by other communities to reduce reliance on fossil fuels. Aspen should continue to develop and invest in energy resiliency. New and creative options such as storage, local renewable energy generation, and other emerging technologies should be explored to address community needs, enhance energy choices, and respond to emergency preparedness on our local scale. Renewable Energy By exploring innovative and collaborative ways to close the gaps and meet demands, the City government plays an important leadership role in the ethic of community. Regional and multi-jurisdictional cooperation and collaboration enhances our quality of life. The City of Aspen engages in and strongly supports collaborative efforts within city departments and with partner agencies and organizations in the local community, regionally, and state-wide. The City of Aspen supports statewide legislation that would encourage, but is not limited to: • Cooperation amongst community including affordable housing goals • Proposals that recognize the range of impacts and advocate for reform • around short term rentals in our community • Health and well being • Trails & Open space systems and acquisitions • Adequate funding for Colorado transportation needs • Healthy rivers and streams • Early childhood education funding • Fiscal funding for K-12 education • Emergency Plans / Public Safety / Emergency Response • Public Lands / Forest Management / Wildfire Mitigation • Broadband • Legislation that affects and relates to elections: ensuring enfranchisement, campaign finance reform, increased civic and voter participation, and that elections remain fair, open, accessible and honestly run for all registered voters • Improvement of government transparency and accountability • Climate Action Regionalism 270 CITY OF ASPEN - 2023 POLICY AGENDA 19The City of Aspen is a leader in Transportation Demand Management, actively supporting programs, services and infrastructure that promote the use of transit, cycling, walking and shared mobility over single occupant vehicle travel. We support commuter fringe benefits that encourage transit, bicycle, walk and other non-SOV transportation modes and oppose fringe benefits for parking and others that encourage SOV travel for commute trips. As new transportation technologies and services emerge and evolve (e.g.: dockless mobility, autonomous vehicles, etc.) the City of Aspen supports efforts to maintain the authority for local regulation of these services. The City supports efforts aimed at regulating the shared mobility industry to ensure safety, equity, data sharing, customer privacy and fair treatment of employees. We support new transportation funding for: • projects that maintain existing infrastructure and that are multimodal in design, legislation that encourages “complete streets” that accommodate people using all modes of travel • policies that support increased transportation funding for both ongoing and new transit planning efforts, transit operations, clean transit vehicles and safe transit infrastructure that reduce the reliance on single occupant vehicle travel • innovative multi-modal projects including bicycle, pedestrian and first/ last mile services • for demonstration or “sandbox” projects that provide the opportunity to test emerging services and technologies • resort communities for recognizing that the needs of a commuting public and the importance of a tourism economy are directly tied to transportation improvements and reduction in traffic congestion. • encouragement of a balanced state transportation policy that addresses the need to maintain and expand roadway, bicycle, pedestrian, transit, carpool/ vanpool and demand management options to improve Colorado’s transportation system including preservation of the constitutional requirement that highway user revenues be used for the construction, maintenance and supervision of the public highways and bridges of the state • legislation that enables and encourages the cleanest, most efficient possible technology for both private vehicles as well as public transit vehicles while preserving local control over regulation and local implementation • transportation / infrastructure programs that support resilient communities and emergency agress • electric vehicle charging infrastructure • Aspen’s support and emphasis on grade separated multi-use trail projects that support alternative transportation and provides bicyclists safer, non-motorized commuter trail platforms Transportation 271 CITY OF ASPEN - 2023 POLICY AGENDA 20LEGISLATIVE DELEGATION U.S. CONGRESSWOMAN LAUREN BOEBERT - 3RD DISTRICT Phone: (970) 208-0460 Grand Junction office Mike Curto, General Counsel Mike.Curto@mail.house.gov (202) 870-6151 PROCESS To be most effective with our voice it is vital to establish a line of communication with our affiliated district representatives. This direct method will help us be most successful with our pertinent goals and where we can provide the most assistance. 272 CITY OF ASPEN - 2023 POLICY AGENDA 21U.S. SENATOR MICHAEL F. BENNET www.bennet.senate.gov Phone: (970) 243-3936 Grand Junction office Hilary Henry, Regional Rep (970) 782-8020 Hilary_Henry@bennet.senate.gov U.S. SENATOR JOHN HICKENLOOPER Washington , DC 20510 www.hickenlooper.senate.gov Janeth N. Stancle, Regional Rep Phone: (970) 342-3150 Janeth_Stancle@hickenlooper.senate.gov 273 CITY OF ASPEN - 2023 POLICY AGENDA 22REP. ELIZABETH VELASCO STATE HOUSE DISTRICT 57 Email: elizabeth.velasco.house@coleg.gov Phone: (303) 866-2949 274 CITY OF ASPEN - 2023 POLICY AGENDA 23SENATOR PERRY WILLS - STATE SENATE DISTRICT 5 Email: perry.will.senate@coleg.gov 275 www.aspen.gov 427 Rio Grande Place Aspen, CO 81611 276 City of Aspen Residential Projects RREMP Calculation Version 1.0 (2/17/2023)Complete and submit this page for Residential projects. Project Address: Permit Number: Relevant Sheet Number(s): List all drawing sheets containing REMP information. 1. Exterior Energy Use Calculations Application Efficiency % Offset PV kW Payment in lieu 1. In-Slab Snowmelt 509 sq. ft.92.0%8.96 n/a Calculated - Total area of proposed in-slab snowmelt and heat source efficiency. (1a) Exempt In-Slab Snowmelt: 9 sq. ft. 92.0% 0.16 n/a Enter area of exempt in-slab snowmelt. COA to verify. (1b) Non-Exempt In-Slab Snowmelt: 500 sq. ft. 92.0%45,034,239 8.80 100%8.80 $28,597.36 Enter total area of in-slab snowmelt less the exempt area. 2. Outdoor Electric Heat Mats:0 Watts 100.0% 0.00 n/a Calculated - Total watts of proposed heat mats. (2a) Exempt Heat Mats: 0 Watts 100.0% 0.00 n/a Enter watts of exempt electrical heat mats COA to verify. (2b) Non-Exempt Heat Mats: 0 Watts 100.0%- 0.00 100%0.00 $0.00 Enter total wattage of heat mats less the exempt wattage. 3. Outdoor Spa:64 sq. ft. 92.0% 5.83 n/a Calculated - Total area of proposed spa and heat source efficiency. (3a) Exempt Spa:64 sq. ft. 92.0% 5.83 n/a Enter total area of exempt spa (64 sq. ft. max) COA to verify. (3b) Non-Exempt Spa: 0 sq. ft. 92.0%- 0.00 100%0.00 $0.00 Enter total area of spa less the exempt area. 4. Outdoor Pool:0 sq. ft. 92.0%- 0.00 100%0.00 $0.00 Enter total area of proposed pool. 5. Heat Tape:1000 Watts 100.0% 1.00 n/a Calculated - Total watts of proposed heat tape/trace. (5a) Exempt Heat Tape: 1,000 Watts 100.0% 1.00 n/a Enter watts of exempt electrical heat tape/trace (1kw max) COA to verify. (5b) Non-Exempt Heat Tape: 0 Watts 100.0%- 0.00 100%0.00 $0.00 Enter total wattage of heat tape/trace less the exempt wattage. 6. Outdoor Electric Heaters:8,000 Watts 100.0%9,553,600 1.87 100%1.87 $6,066.67 Enter watts of electricaly powered exterior heaters. 7. Outdoor Gas Fireplaces & Firepits:50,000 Btu/hr 18,200,000 3.56 100%3.56 $11,557.25 Enter total fireplace & firepit BTUs. Proposed Exterior Annual Energy Use Budget: 72,787,839 Existing to Remain Exterior Annual Energy Use Budget: 108,964,314 Total Exterior Annual Energy Use Budget:181,752,153 Cell will turn red if exterior annual energy use budget is exceeded, reduce proposed exterior enegry use as needed. Excludes exempt uses. Exterior Energy RREMP Payment Total: 14.22 $46,221.27 2. Interior Energy Use Calculations Application % Offset PV kW Payment in lieu 1. Indoor Gas Fireplaces:30,000 Btu/hr 10,920,000 2.13 100%2.13 $6,934.35 Enter total fireplace BTUs. Direct vent - sealed combustion units only. Interior Energy RREMP Payment Total: 2.13 $6,934.35 3. On-site Renewable Credits Supplemental Energy Sources (options for on-site offset of projected energy consumption)equiv PV kW Credit applied 1.GSHP (Ground Source Heat Pump)Btu 0 0.00 $0.00 From GSHP Btu capacity on GSHP tab. Complete and submit that sheet. 2. ASHP (Air Source Heat Pump)Btu 0 0.00 $0.00 From ASHP Btu capacity on ASHP tab. Complete and submit that sheet. 3. SHW (Solar Hot Water)sq. ft.0 0.00 $0.00 Use installed panel area. 4. PV (to be installed on site)kW 0.00 0.00 $0.00 From PV Generation tab. Complete and submit that sheet. 5. Alternative Renewable Energy Source 0.00 $0.00 From Alt Energy Source tab. Complete and submit that sheet. Supplemental Energy Credit Total: 0.00 $0.00 4. Total RREMP Payment: PV kW Payment in lieu Total Exterior Energy (Section 1 above):14.22 $46,221.27 Total Interior Energy (Section 2 above):2.13 $6,934.35 Total On-site Mitigation (Section 3 above):0.00 $0.00 Prorated Credit for "Existing to be Removed": $30,856.25 Prepared by:Amount Pre-paid: $0.00 email Total RREMP Due: $22,299.37 phone Annual BTU Energy Use Budget 123 Powder Day Way Offset required Offset Applied Full Offset kW BTU/yr 72,787,839 10,920,000 Annual Use BTU Full Offset kW Offset required A101, M1.02 215 City of Aspen Legend: Existing Residential User input cell. RREMP Calculation Output cell, not adjustable. Version 1.0 (2/17/2023)Complete and submit this page for Residential projects with existing exterior energy uses.COA input cell. Project Address: Permit Number: List permit number of proposed energy uses followed by those associated with existing exterior energy uses. Relevant Sheet Number(s): List all drawing sheets containing REMP information. Current Remp Application Date: Enter date in mm/dd/yyyy format. City of Aspen will revise to the official permit submittal date for the new permit "Existing to remain" exterior energy uses are NOT included in fee calculations, but DO count towards the Exterior Annual Energy Use Budget.x Exterior energy uses to be relocated on site are considered "existing to be removed" and will receive a prorated credit. Entered into the primary RREMP tab. 1. Exterior Energy Use Calculations Application Efficiency Amount CO or LOC Date Prorated Credit 1. In-Slab Snowmelt 1009 sq. ft. 96.0% 4000 sq. ft. 3000 mm/dd/yyyy Calculated - Total area of proposed in-slab snowmelt and heat source efficiency. (1a) Exempt In-Slab Snowmelt: 9 sq. ft. 100.0% 0 sq. ft. 0 Enter area of exempt in-slab snowmelt. COA to verify. (1b) Non-Exempt In-Slab Snowmelt: 1,000 sq. ft. 96.0%86,315,625 4,000 sq. ft. 3,000 $80,000.00 2/12/2013 $29,958.33 Enter total area of in-slab snowmelt less the exempt area. 2. Outdoor Electric Heat Mats:0 Watts 100.0% 500 Watts 500 Calculated - Total watts of proposed heat mats. (2a) Exempt Heat Mats:0 Watts 100.0% 0 Watts 0 Enter watts of exempt electrical heat mats COA to verify. (2b) Non-Exempt Heat Mats: 0 Watts 100.0%- 500 Watts 500 $1,000.00 2/2/2021 $897.92 Enter total wattage of heat mats less the exempt wattage. 3. Outdoor Spa:64 sq. ft. 92.0% 0 sq. ft. 0 Calculated - Total area of proposed spa and heat source efficiency. (3a) Exempt Spa:64 sq. ft. 92.0% 0 sq. ft. 0 Enter total area of exempt spa (64 sq. ft. max) COA to verify. (3b) Non-Exempt Spa:0 sq. ft. 92.0%- 0 sq. ft. 0 $0.00 $0.00 Enter total area of spa less the exempt area. 4. Outdoor Pool:0 sq. ft. 92.0%- 600 sq. ft. 600 $85,000.00 2/17/2003 $0.00 Enter total area of proposed pool. 5. Heat Tape:0 Watts 100.0% 0 Watts 0 Calculated - Total watts of proposed heat tape/trace. (5a) Exempt Heat Tape: 0 Watts 100.0% 0 Watts 0 Enter watts of exempt electrical heat tape/trace (1kw max) COA to verify. (5b) Non-Exempt Heat Tape: 0 Watts 100.0%- 0 Watts 0 $0.00 $0.00 Enter total wattage of heat tape/trace less the exempt wattage. 6. Outdoor Electric Heaters:2,400 Watts 100.0%2,866,080 0 Watts 0 $0.00 $0.00 Enter watts of electricaly powered exterior heaters. 7. Outdoor Gas Fireplaces & Firepits:50,000 Btu/hr 92.0%19,782,609 0 Btu/hr 0 $0.00 $0.00 Enter total fireplace & firepit BTUs. Existing to Remain Exterior Annual Energy Use Budget: 108,964,314 Existing to be Removed Exterior Annual Energy Credit: $30,856.25 Cell will turn red if exterior annual energy use budget is exceeded, reduce proposed exterior enegry use as needed. Exempt uses are not included. Prepared by: email phone Original Payment in lieuAnnual Use BTU Budget 2/17/2023 Existing to Remain Original Installation Existing to be Removed 216 City of Aspen Commercial Projects CREMP Calculation Version 1.0 (2/17/2023)Complete and submit this page for Commercial projects. Project Address: Permit Number: Relevant Sheet Number(s): List all drawing sheets containing REMP information. 1. Exterior Energy Use Calculations Application Efficiency % Offset PV kW Payment in lieu 1. In-Slab Snowmelt 4000 sq. ft.92.0%124.22 n/a Calculated - Total area of proposed in-slab snowmelt and heat source efficiency. (1a) Exempt In-Slab Snowmelt: 0 sq. ft. 92.0% 0.00 n/a Enter area of exempt in-slab snowmelt. COA to verify. (1b) Non-Exempt In-Slab Snowmelt: 4,000 sq. ft. 92.0% 124.22 100%124.22 $403,727.89 Enter total area of in-slab snowmelt less the exempt area. 2. Outdoor Electric Heat Mats:0 Watts 100.0% 0.00 n/a Calculated - Total watts of proposed heat mats. (5a) Exempt Heat Mats: 0 Watts 100.0% 0.00 n/a Enter watts of exempt electrical heat mats COA to verify. (5b) Non-Exempt Heat Mats: 0 Watts 100.0% 0.00 100%0.00 $0.00 Enter total wattage of heat mats less the exempt wattage. 3. Outdoor Spa:0 sq. ft. 92.0% 0.00 n/a Calculated - Total area of proposed spa and heat source efficiency. (2a) Exempt Spa:0 sq. ft. 92.0% 0.00 n/a Enter total area of exempt spa (64 sq. ft. max) COA to verify. (2b) Non-Exempt Spa: 0 sq. ft. 92.0% 0.00 100%0.00 $0.00 Enter total area of spa less the exempt area. 4. Outdoor Pool:0 sq. ft. 92.0% 0.00 100%0.00 $0.00 Enter total area of proposed pool. 5. Heat Tape:0 Watts 100.0% 0.00 n/a Calculated - Total watts of proposed heat tape/trace. (4a) Exempt Heat Tape: 0 Watts 100.0% 0.00 n/a Enter watts of exempt electrical heat tape/trace (1kw max). (4b) Non-Exempt Heat Tape: 0 Watts 100.0% 0.00 100%0.00 $0.00 Enter total wattage of heat tape/trace less the exempt wattage. 6. Outdoor Electric Heaters:24,000 Watts 100.0% 16.16 100%16.16 $52,520.00 Enter watts of permanently installed electricaly powered exterior heaters. 7. Temporary Outdoor Electric Heaters:0 Watts 100.0% 0.00 100%0.00 $0.00 Enter watts of electricaly powered exterior heaters. 8. Outdoor Gas Fireplaces & Firepits:50,000 Btu/hr 19.70 100%19.70 $64,009.38 Enter total fireplace & firepit BTUs. Exterior Energy CREMP Payment Total: 160.08 $520,257.27 2. Interior Energy Use Calculations Application % Offset PV kW Payment in lieu 1. Indoor Gas Fireplaces:100,000 Btu/hr 39.39 100%39.39 $128,018.76 Enter total fireplace BTUs. Direct vent - sealed combustion units only. Interior Energy CREMP Payment Total: 39.39 $128,018.76 3. On-site Renewable Credits Supplemental Energy Sources (options for on-site offset of projected energy consumption) equiv PV kW Credit applied 1.GSHP (Ground Source Heat Pump)Btu 0 0.00 $0.00 From GSHP Btu capacity on GSHP tab. Complete and submit that sheet. 2. ASHP (Air Source Heat Pump)Btu 0 0.00 $0.00 From ASHP Btu capacity on ASHP tab. Complete and submit that sheet. 3. SHW (Solar Hot Water)sq. ft.0 0.00 $0.00 Use installed panel area. 4. PV (to be installed on site)kW 0.00 0.00 $0.00 From PV Generation tab. Complete and submit that sheet. 5. Alternative Renewable Energy Source 0.00 $0.00 From Alt Energy Source tab. Complete and submit that sheet. Supplemental Energy Credit Total: 0.00 $0.00 4. Total CREMP Payment: PV kW Payment in lieu Total Exterior Energy (Section 1 above):160.08 $520,257.27 Total Interior Energy (Section 1 above):160.08 $128,018.76 Total On-site Mitigation (Section 2 above):0.00 $0.00 Prorated Credit for "Existing to be Removed": $62,500.00 Amount Pre-paid: $0.00 Prepared by:Total CREMP Due: $585,776.03 email phone Offset Applied Full Offset kW Offset required Full Offset kW Offset required 217 City of Aspen Legend: Existing Commercial User input cell. CREMP Calculation Output cell, not adjustable. Version 1.0 (2/17/2023)Complete and submit this page for Commercial projects with existing exterior energy uses. COA input cell. Project Address: Permit Number: List permit number of proposed energy uses followed by those associated with existing exterior energy uses. Relevant Sheet Number(s): List all drawing sheets containing REMP information. Current Remp Application Date: Enter date in mm/dd/yyyy format. City of Aspen will revise to the official permit submittal date for the new permit Exterior energy uses to be relocated on site are considered "existing to be removed" and will receive a prorated credit. Entered into the primary RREMP tab. 1. Exterior Energy Use Calculations Application Amount CO or LOC Date Prorated Credit 1. In-Slab Snowmelt 2000 sq. ft.2000 mm/dd/yyyy Calculated - Total area of proposed in-slab snowmelt and heat source efficiency. (1a) Exempt In-Slab Snowmelt: 0 sq. ft. 0 Enter area of exempt in-slab snowmelt. COA to verify. (1b) Non-Exempt In-Slab Snowmelt: 2,000 sq. ft. 2,000 $125,000.00 2/17/2013 $62,500.00 Enter total area of in-slab snowmelt less the exempt area. 2. Outdoor Electric Heat Mats:0 Watts 0 Calculated - Total watts of proposed heat mats. (2a) Exempt Heat Mats:0 Watts 0 Enter watts of exempt electrical heat mats COA to verify. (2b) Non-Exempt Heat Mats: 0 Watts 0 $0.00 $0.00 Enter total wattage of heat mats less the exempt wattage. 3. Outdoor Spa:0 sq. ft. 0 Calculated - Total area of proposed spa and heat source efficiency. (3a) Exempt Spa:0 sq. ft. 0 Enter total area of exempt spa (64 sq. ft. max) COA to verify. (3b) Non-Exempt Spa:0 sq. ft. 0 $0.00 $0.00 Enter total area of spa less the exempt area. 4. Outdoor Pool:0 sq. ft. 0 $0.00 $0.00 Enter total area of proposed pool. 5. Heat Tape:0 Watts 0 Calculated - Total watts of proposed heat tape/trace. (5a) Exempt Heat Tape:0 Watts 0 Enter watts of exempt electrical heat tape/trace (1kw max) COA to verify. (5b) Non-Exempt Heat Tape: 0 Watts 0 $0.00 $0.00 Enter total wattage of heat tape/trace less the exempt wattage. 6. Outdoor Electric Heaters:0 Watts 0 $0.00 $0.00 Enter watts of electricaly powered exterior heaters. 7. Outdoor Gas Fireplaces & Firepits:0 Btu/hr 0 $0.00 $0.00 Enter total fireplace & firepit BTUs. Existing to be Removed Exterior Annual Energy Credit:$62,500.00 Prepared by: email phone Original Installation Existing to be Removed Cell will turn red if exterior annual energy use budget is exceeded, reduce proposed exterior enegry use as needed. Exempt uses are not included. 2/17/2023 Original Payment in lieu 218 City of Aspen Air Source Heat Pump Cerification Complete this page for projects using air source heat pump systems. Project Address: Permit Number: 1. Please list the following information Manufacturer: Model: 2. ASHP System Design Specifications Total System Capacity @ -5 °F OAT 0 Btu System Performance: per applicable AHRI (or ISO) standard 1.8 COP Prepared by: email phone Version 1.0 (2/17/2023) Coefficient of Performance of the system must be at least 1.8 as per Air Conditioning, Heating, & Refrigeration Institute Institute Standard performance method (AHRI 210, 211, 340, 550, 551) or ISO 13612-2 for air source heat pump systems (for all systems use an OAT of -5°F hydronic systems use an output water temperature of 120°F to the load side, air side systems use an discharge air temperature of 90°F) or equivalent procedure. 219 City of Aspen Ground Source Heat Pump Cerification Complete this page for projects using ground source heat pump systems. Project Address: Permit Number: 1. Please list the following information Agency Designer Certification: Installer Accreditation: Division of Water Resources Permit: 2. GSHP System Design Specifications Number of Loops: 0 Depth of Loops: 0 ft. Total Length of Tubing: 0 ft. Total System Capacity @ 30°F ground loop EWT and 110°F load EWT: 0 Btu AHRI 330 or ISO 13256-1System Performance: 3 COP 3. Attach the following information with application. A. GSHP unit performance sheets certified by AHRI 330 or ISO 13256-1 for all specified GSHP units, with capacity at design conditions highlighted. B. Designer Certification Sheets D. Installer Certification Sheets of ground loop exchanger and heating/cooling plant with all equipment specified, pipe sizes called out and a detailed Control Sequence of operation Prepared by: email phone Version 1.0 (2/17/2023) AEE CGD number: E. Division of Water Resource Permit F. Plans prepared by IGSHPA certified designer or Professional Engineer showing planned configuration IGSHPA Number: Coefficient of Performance of the system must be at least 3 as per Air Conditioning, Heating, & Refrigeration Institute Standard performance method (AHRI 330) or ISO 13256-1 for closed loop earth-coupled heat pump systems (for hydronic systems use an output temperature of 110°F to the load side, and an inlet ground loop temperature of 30°F) or equivalent procedure. 220 City of Aspen Alternative Energy Production Calculation Version 1.0 (2/17/2023) Complete and submit this page for projects using renewable energy systems other than PV. Project Address: Permit Number: 1. Energy Produced Wind 0.00 kWhr/yr Hydroelectric 0.00 kWhr/yr Alternative 0.00 kWhr/yr Total annual 0.00 kWhr/yr Equivalent PV 0.00 kW Prepared by: email phone Discussion with, and approval from a COA building offfical is required for the use of this page. 221 City of Aspen PV Array Input Worksheet Legend: Version 1.0 (2/17/2023)Complete and submit this page for project's PV renewable energy systems. User input cell. Project Name:Output cell, not adjustable. Use this tab to determine output of PV array on the site. There are options for up to 4 unique arrays For each array provide the following: 1. Orientation of the array in relation to south, east, etc. (see graphic below for explanation) 2. Pitch of the array from horizontal. If a free standing or racked array is used, input equivalent roof pitch. 3. Size of the array in kW. 4. Provide if the array and roof are expected to shed snow. Example Orientation angles: Orientation of Array S Pitch of Array 0 /12 Size of array 0 kW Does array shed snow Choose YES if pitch is 7/12 or steeper and roof DOES NOT have snow fences or a roof surface that prohibits snow shed Annual Generation 0 kWh/yr Orientation of Array S Pitch of Array 0 /12 Size of array 0 kW Does array shed snow Choose YES if pitch is 7/12 or steeper and roof DOES NOT have snow fences or a roof surface that prohibits snow shed Annual Generation 0 kWh/yr Orientation of Array S Pitch of Array 0 /12 Size of array 0 kW Does array shed snow Choose YES if pitch is 7/12 or steeper and roof DOES NOT have snow fences or a roof surface that prohibits snow shed Annual Generation 0 kWh/yr Orientation of Array S Pitch of Array 0 /12 Size of array 0 kW Does array shed snow Choose YES if pitch is 7/12 or steeper and roof DOES NOT have snow fences or a roof surface that prohibits snow shed Annual Generation 0 kWh/yr Total Array Size Intalled 0.00 kW Equivalent Array Size 0.00 kW Prepared by: email phone Array 1 Array 2 Array 3 Array 4 222 Background Calculations for RREMP and CREMP submittal pages. This page is for reference only. Values to be updated per Governing body when required. Click on individual cells to see formulas used. Version 1.0 (2/17/2023) PV Energy Cost Calcs Notes $3,250 $/kW of array Approximate average cost of PV installation in Aspen. 1,500 kWh/yr per kW of array NREL PVWatts estimated output (at optimum conditions for solar access, w/o derate for effects of snow) 20 years (anticipated life of system)Assumed system lifespan 30,000 kWh per kW for the life of system kWh output of system over lifespan $0.108 $/kWh for life of system Calculated installation cost per kWh output for life of the system Energy cost used $0.108 $/kWh Installed onsite energy cost to offset external site energy Time period used 20 yrs Assumed system lifespan "Temporary" time period used 6 months Assumed system lifespan for temporary permits Conversion of Btu/kWh 3,412 Standard conversion factor between Btu's and kW GSHP COP minimum 3 Minimum allowed GSHP COP ASHP COP minimum 1.8 Minimum allowed ASHP COP Exterior Energy Use Budgets Value Units Residential 200,000,000 Btu/yr per parcel Commercial n/a Btu/yr per parcel Residential Exterior Energy Energy Use Units Fee % Offset Adjusted Units Snowmelt 82,863.00 Btu/ft2/yr $52.62 100% $52.62 $/ft2 See calculation description below. Pool 331,451.00 Btu/ft2/yr $210.48 100% $210.48 $/ft2 See calculation description below. Spa 428,937.00 Btu/ft2/yr $272.38 100% $272.38 $/ft2 See calculation description below. Heat tape 1.51 kWh/W/yr $3.26 100% $3.26 $/W See calculation description below. Electric heat mat 2.53 kWh/W/yr $5.47 100% $5.47 $/W See calculation description below. Electric patio heaters 0.35 kWh/W/yr $0.76 100% $0.76 $/W See calculation description below. Gas patio heaters 350.00 Btu/Btu/hr/yr $0.22 100% $0.22 $/Btu See calculation description below. Gas fireplaces 364.00 Btu/Btu/hr/yr $0.23 100% $0.23 $/Btu See calculation description below. Commercial Exterior Energy Energy Use Units Fee % Offset Adjusted Units Snowmelt 146,229.00 Btu/ft2/yr $92.86 100% $92.86 $/ft2 See calculation description below. Pool 414,314.00 Btu/ft2/yr $263.10 100% $263.10 $/ft2 See calculation description below. Spa 428,937.00 Btu/ft2/yr $272.38 100% $272.38 $/ft2 See calculation description below. Heat tape 1.51 kWh/W/yr $3.26 100% $3.26 $/W See calculation description below. Electric heat mat 2.53 kWh/W/yr $5.47 100% $5.47 $/W See calculation description below. Electric patio heaters 1.01 kWh/W/yr $2.19 100%$2.19 $/W See calculation description below. Temporary electric patio heaters 0.08 kWh/W/mo $0.05 100%$0.05 $/W Identical calculation as above, but over 6 month time frame. Gas patio heaters 1008.00 Btu/Btuh/yr $0.64 100% $0.64 $/Btu See calculation description below. Gas fireplaces 2016.00 Btu/Btuh/yr $1.28 100% $1.28 $/Btu See calculation description below. Residential Interior Energy Energy Use Units Fee % Offset Adjusted Units Gas fireplaces 364.00 Btu/Btuh/yr $0.23 100% $0.23 $/Btu See calculation description below. Commercial Interior Energy Energy Use Units Fee % Offset Adjusted Units Gas fireplaces 2,016.00 Btu/Btuh/yr $1.28 100% $1.28 $/Btu See calculation description below. Offset rates Cost % Credit Adjusted Units GSHP $7,500 25% $1,875.00 $/10,000 Btu installed capacity Average installed system upgrade cost of $9,000 per ton of system capacity. ASHP $2,500 25% $625.00 $/10,000 Btu installed capacity Average installed system upgrade cost of $3,000 per ton of system capacity. Residential SHW $112.25 100% $112.25 $/ft2 of array Average cost of SHW installation in City of Aspen, per sampling of local installers. Commerical SHW $112.25 100% $112.25 $/ft2 of array Average cost of SHW installation in City of Aspen, per sampling of local installers. PV $3,250 100% $3,250.00 $/kw of array Average cost of PV installation in City of Aspen, per sampling of local installers. Exterior Energy Use Exemptions Residential Units Commercial Units Notes Snowmelt n/a n/a Pool n/a n/a Spa n/a n/a Spas must comply with APSP-14 standards to qualify for exemptions. Heat tape n/a n/a Electric patio heaters n/a n/a Gas patio heaters n/a n/a Gas fireplaces n/a n/a Exterior Energy Use Annual Calculations: Residential Snowmelt: Parameter Value [units]Notes Operational Load 125 [BTU/sf-hr] Based on ASHRAE loads for Class 1: Residential & Light Commercial Cleanup Load 45 [BTU/sf-hr] Wirsbo design manual load for 22-25°F and 5MPH wind speed. Run Time 560 [hrs] Based on data collected by the Colorado Climate Center from 1980-1996. Clean Up Time 260 [hrs]Based on data collected by the Colorado Climate Center from 1980-1996. Total Annual Load 82 [kBTU/sf-yr]Energy consumed per year per square foot. Commercial Snowmelt: Parameter Value [units] Operational Load 175 [BTU/sf-hr] Based on ASHRAE loads for Class 2: Heavy Commercial Cleanup Load 45 [BTU/sf-hr] Wirsbo design manual load for 22-25°F and 5MPH wind speed. Idle Load 16 [BTU/sf-hr] Median hourly idle load: calculation performed with Gypsum - Eagle County Airport weather data. Run Time 560 [hrs]Based on data collected by the Colorado Climate Center from 1980-1996. Clean Up Time 260 [hrs] Based on data collected by the Colorado Climate Center from 1980-1996. Idle Time 2404 [hrs]Number of hours the Gypsum - Eagle County Airport weather file is below a 35°F slab idle temperature set point less clean up and run time. Total Annual Load 148 [kBTU/sf-yr]Energy consumed per year per square foot. Residential Pool: Parameter Value [units] Day Use 4 [hrs] Hours of use during day time. Calulations were performed with the DOE the Energy Smart Pools software using weather data from Dillon, CO. Night Use 4 [hrs] Hours of use during night time. Pool Set Point 85 [F] Pool temperature set point. Cover Insulation 1.5 [R value] Thermal insulation value of bubble cover. Wind Speed 5 [MPH]Asssumed wind speed. Total Annual Load 332 [kBTU/sf-yr]Energy consumed per year per square foot. Commercial Pool: Parameter Value [units] Day Use 4 [hrs] Hours of use during day time. Calulations were performed with the DOE the Energy Smart Pools software using weather data from Dillon, CO. Seasonal Use 10 [months] Months per year. Pool Set Point 82 [F] Pool temperature set point. Pool Idle Set Point 68 [F] Pool temperature set back. Cover Insulation 0.1 [R value] Thermal insulation value of vinyl cover Transmittance 75% [%] Visable transmittace of water. Solar Exposure Factor 80% [%] Asssumed solar exposure. Pool Emissivity 0.9 [na] Asssumed emissivity of pool. Wind Speed 5 [MPH]Asssumed wind speed. Total Annual Load 414 [kBTU/sf-yr]Energy consumed per year per square foot. Spas (residential and commercial) Parameter Value [units] Day Use 10 [hrs] Hours of use during day time. Night Use 4 [hrs] Hours of use during night time. Pool Set Point 104 [F] Spa temperature set point. Cover Insulation 12 [R value] Thermal insulation value of spa cover Wind Speed 5 [MPH]Asssumed wind speed. Total Annual Load 429 [kBTU/sf-yr]Energy consumed per year per square foot. Outdoor Gas Appliances: Parameter [units]Notes Type Residential Commercial Residential Commercial Number of heaters (input)1 1 1 1 For example puposes only. MBH (rated input)20 250 20 20 [MBH] For example puposes only. MBH (total installed)20 250 20 20 [MBH] For example puposes only. Day Use 1 6 2 4 [hrs] Assumed hours per day, per committee meeting. weeks/yr 52 48 25 36 [weeks] Assumed weeks per year, per committee meeting. hrs/yr 364 2016 350 1008 [hrs] Run hours per year. Annual energy consumption 7280 504000 7000 20160 [kBTU/yr]Energy consumed per year. Calulations were performed with the DOE the Energy Smart Pools software using weather data from Dillon, CO. Exterior Energy Offset This color cell is adjustable (by local Governing Body) to fit local jurisdiction choices for amount of offset and local cost of equipment installation. This color cell is a calculated annual energy consumption used in REMP calculations. Fireplaces Patio Heaters Notes Notes Notes Notes Equipment Credit Exterior Energy Offset 223 Normalized annual energy consumption 364 2016 350 1008 [kBTU/yr/MBH]Energy consumed per year per installed MBH. Electric Patio Heaters: Parameter [units]Notes Type Residential Commercial Number of heaters (input)1 1 For example puposes only. W (rated input)6000 6000 [Watts] For example puposes only. W (total installed)6000 6000 [Watts] For example puposes only. Day Use 2 4 [hrs] Assumed hours per day, per committee meeting. weeks/yr 25 36 [weeks] Assumed weeks per year, per committee meeting. hrs/yr 350 1008 [hrs] Run hours per year. Annual energy consumption 2100 6048 [kW/yr]Energy consumed per year. Normalized annual energy consumption 0.35 1.01 [kW/yr/W]Energy consumed per year per installed Watt. Heat tape: Notes 8.0 W 32.0 F 5.0 W 40.0 F - 3/8 20.0 Modeled Annual Energy Consumption per Linear Ft of Cable (kWh):12.04 1.505 kWh/ft of cable/yr kWh/yr/W Energy consumed per year per installed Watt. Heat mat: Notes 35.0 W/sf 50.0 F 35.0 F Modeled Annual Energy Consumption per Linear Ft of Cable (kWh):88.38 2.525 kWh/sf of mat/yr kWh/yr/W Energy consumed per year per installed Watt. Available Gas Combustion Thermal Efficiencies: 92% 93% 94% 95% 96% 97% 98% 99% 100% Binary Y/N Validation: YES NO Control #2: Manual System Shut-off (April-1 thru November-1) Control #3: Timer Switch Shut-off (2200-0600) Seasonal and Nighly Shut-Off Control #1: Temp ON/OFF Regulating Thermostat Controled Heat Mat Annual Energy Model (Pitkin County) Model Assumptions These assumptions were used to run an hourly annual calculation in which, each Watt-Hour/sf of energy consumtion was calculated and summed. Per the manufacturer's literature the mat is modeled as consuming full rated output when "ON". The mat is modeled as turning "ON" when outside air temperature drops below 35°F and as turning "OFF" when the outside air temperature increases above 50°F. Calculation accounts for seasonal and nightly shutdowns per required controls. Weather Data Location: Aspen-Pitkin County Airport Basis Product: HeatTrak (HTM series) Max Output (Watt/sf): Auto OFF Temperature (Degrees F): Auto ON Temperature (Degrees F): Basis Product: Model Assumptions These assumptions were used to run an hourly annual calculation in which, each Watt-Hour/foot of energy consumtion was calculated and summed. Calculation accounts for temperature shut-off above 40°F, seasonal, and nightly shutdowns per required controls. Control #3: Timer Switch Shut-off (1800-0600) Adjustment Variable (m): Adjustment Variable (b): Output Temperature Adjustment (linear): Watt-Hour=mT+b Max Output (Watt/LF): Max Output Temperature (Degrees F): Reduced Output (Watt/LF): Reduced Output Temperature (Degrees F): Seasonal and Nighly Shut-Off Control #1: Temperature Regulating (OFF above 40 deg F) Control #2: Manual System Shut-off (April-1 thru November-1) Chomalox SRF-RG Aspen-Pitkin County Airport Electric Patio Heaters Self Regulating Heat Tape Annual Energy Model (Pitkin County) Weather Data Location: 224 Solar Electric generation derate calculations This page is for Reference only. To quantify impacts of installation angle, orientation and snow sliding on annual production. Roof Pitch Options Snow Shed Options 0 1 338-22 N No 1 2 23-67 NE Yes Month Month Non-Shed Shed 2 3 68-112 E Jan. 1 75% 15% 3 4 113-157 SE Feb. 2 75% 25% 4 5 158-202 S Mar 3 50% 10% 5 6 203-247 SW Apr 4 35% 5% 6 7 248-292 W May 5 0% 0% 7 8 293-337 NW Jun 6 0%0% 8 Jul 7 0% 0% 9 Note: If a free standing array, or racked array is used, input Aug 8 0% 0% 10 equivalent roof pitch.Sep 9 0% 0% 11 Oct 10 0% 0% 12 Nov 11 5%5% Dec 12 35%15% Angle Pitch 1 2 3 4 5 6 7 8 9 10 11 12 Total 1 2 3 4 5 6 7 8 9 10 11 12 Total 1 2 3 4 5 6 7 8 9 10 11 12 Total N 0 63.7 76.1 123.0 143.1 162.9 166.6 144.1 125.6 111.8 92.4 68.2 54.5 1332.1 54.1 57.1 110.7 135.9 162.9 166.6 144.1 125.6 111.8 92.4 64.8 46.3 1272.4 15.9 19.0 61.5 93.0 162.9 166.6 144.1 125.6 111.8 92.4 64.8 35.4 1093.1 N 1 54.4 69.2 116.2 139.3 161.3 166.4 143.3 123.4 106.9 84.3 59.2 46.3 1270.1 46.3 51.9 104.6 132.3 161.3 166.4 143.3 123.4 106.9 84.3 56.2 39.4 1216.2 13.6 17.3 58.1 90.5 161.3 166.4 143.3 123.4 106.9 84.3 56.2 30.1 1051.4 N 2 45.1 61.8 108.7 134.8 159.0 165.3 141.8 120.6 101.3 75.6 50.0 38.1 1202.0 38.3 46.3 97.8 128.0 159.0 165.3 141.8 120.6 101.3 75.6 47.5 32.4 1154.0 11.3 15.4 54.3 87.6 159.0 165.3 141.8 120.6 101.3 75.6 47.5 24.8 1004.5 N 3 36.2 54.3 100.6 129.6 155.9 163.4 139.7 117.2 95.2 66.7 41.2 30.5 1130.4 30.7 40.7 90.6 123.1 155.9 163.4 139.7 117.2 95.2 66.7 39.1 25.9 1088.2 9.0 13.6 50.3 84.3 155.9 163.4 139.7 117.2 95.2 66.7 39.1 19.8 954.2 N 4 28.3 46.9 92.2 124.0 152.2 160.9 137.0 113.4 88.8 57.8 33.1 24.1 1058.6 24.1 35.2 83.0 117.8 152.2 160.9 137.0 113.4 88.8 57.8 31.5 20.5 1022.0 7.1 11.7 46.1 80.6 152.2 160.9 137.0 113.4 88.8 57.8 31.5 15.7 902.7 N 5 22.2 40.0 83.6 118.0 148.0 157.7 133.8 109.2 82.2 49.2 26.4 19.7 989.9 18.9 30.0 75.3 112.1 148.0 157.7 133.8 109.2 82.2 49.2 25.1 16.7 958.1 5.6 10.0 41.8 76.7 148.0 157.7 133.8 109.2 82.2 49.2 25.1 12.8 852.0 N 6 18.5 33.9 75.1 111.7 143.4 154.0 130.2 104.8 75.5 41.4 21.8 17.6 927.9 15.7 25.4 67.6 106.2 143.4 154.0 130.2 104.8 75.5 41.4 20.7 14.9 899.8 4.6 8.5 37.5 72.6 143.4 154.0 130.2 104.8 75.5 41.4 20.7 11.4 804.7 N 7 17.3 29.2 66.9 105.4 138.5 149.9 126.4 100.2 69.0 34.7 19.5 17.4 874.4 14.7 21.9 60.2 100.2 138.5 149.9 126.4 100.2 69.0 34.7 18.6 14.8 849.0 4.3 7.3 33.4 68.5 138.5 149.9 126.4 100.2 69.0 34.7 18.6 11.3 762.2 N 8 17.2 26.0 59.2 99.1 133.5 145.6 122.4 95.6 62.7 29.4 19.0 17.5 827.2 14.6 19.5 53.3 94.2 133.5 145.6 122.4 95.6 62.7 29.4 18.0 14.8 803.7 4.3 6.5 29.6 64.4 133.5 145.6 122.4 95.6 62.7 29.4 18.0 11.3 723.4 N 9 17.3 24.6 53.3 93.9 129.3 141.9 118.9 91.8 57.7 26.4 19.0 17.5 791.6 14.7 18.5 48.0 89.2 129.3 141.9 118.9 91.8 57.7 26.4 18.0 14.8 769.2 4.3 6.2 26.7 61.1 129.3 141.9 118.9 91.8 57.7 26.4 18.0 11.4 693.5 N 10 17.3 23.9 46.2 87.0 123.4 136.7 114.2 86.6 51.4 23.9 19.0 17.5 747.0 14.7 17.9 41.6 82.6 123.4 136.7 114.2 86.6 51.4 23.9 18.1 14.8 725.8 4.3 6.0 23.1 56.5 123.4 136.7 114.2 86.6 51.4 23.9 18.1 11.4 655.4 N 11 17.4 23.7 41.3 81.3 118.4 132.2 110.1 82.3 46.6 23.0 19.1 17.5 712.8 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90.6 143.0 136.8 115.0 112.4 117.9 117.1 98.6 57.1 1105.5 W 0 63.7 76.1 123.0 143.1 162.9 166.6 144.1 125.6 111.8 92.4 68.2 54.5 1332.1 54.1 57.1 110.7 135.9 162.9 166.6 144.1 125.6 111.8 92.4 64.8 46.3 1272.4 15.9 19.0 61.5 93.0 162.9 166.6 144.1 125.6 111.8 92.4 64.8 35.4 1093.1 W 1 63.7 75.6 122.4 142.6 161.7 164.7 141.2 123.9 111.1 91.9 68.2 54.4 1321.3 54.1 56.7 110.2 135.5 161.7 164.7 141.2 123.9 111.1 91.9 64.8 46.3 1261.9 15.9 18.9 61.2 92.7 161.7 164.7 141.2 123.9 111.1 91.9 64.8 35.4 1083.3 W 2 63.5 74.8 121.4 141.5 159.8 162.1 137.8 121.8 110.2 91.2 68.2 54.3 1306.8 54.0 56.1 109.3 134.5 159.8 162.1 137.8 121.8 110.2 91.2 64.8 46.1 1247.8 15.9 18.7 60.7 92.0 159.8 162.1 137.8 121.8 110.2 91.2 64.8 35.3 1070.4 W 3 63.4 73.9 120.1 140.1 157.5 159.1 134.2 119.6 108.9 90.5 68.1 54.1 1289.5 53.9 55.4 108.1 133.1 157.5 159.1 134.2 119.6 108.9 90.5 64.7 46.0 1231.0 15.9 18.5 60.0 91.0 157.5 159.1 134.2 119.6 108.9 90.5 64.7 35.2 1055.1 W 4 63.2 73.0 118.6 138.2 154.9 155.9 130.5 117.3 107.5 89.7 67.9 54.0 1270.8 53.7 54.8 106.8 131.3 154.9 155.9 130.5 117.3 107.5 89.7 64.5 45.9 1212.8 15.8 18.3 59.3 89.8 154.9 155.9 130.5 117.3 107.5 89.7 64.5 35.1 1038.6 W 5 62.9 72.1 116.9 136.2 152.2 152.7 126.8 114.9 106.1 88.8 67.8 53.7 1251.1 53.4 54.1 105.3 129.4 152.2 152.7 126.8 114.9 106.1 88.8 64.4 45.6 1193.7 15.7 18.0 58.5 88.5 152.2 152.7 126.8 114.9 106.1 88.8 64.4 34.9 1021.6 W 6 62.6 71.1 115.3 134.1 149.4 149.3 123.2 112.8 104.5 87.9 67.6 53.4 1231.2 53.2 53.3 103.7 127.4 149.4 149.3 123.2 112.8 104.5 87.9 64.2 45.4 1174.4 15.6 17.8 57.6 87.1 149.4 149.3 123.2 112.8 104.5 87.9 64.2 34.7 1004.3 W 7 62.3 70.1 113.6 131.8 146.7 146.1 120.0 110.7 103.0 87.1 67.3 53.2 1212.0 53.0 52.6 102.3 125.2 146.7 146.1 120.0 110.7 103.0 87.1 63.9 45.2 1155.8 15.6 17.5 56.8 85.7 146.7 146.1 120.0 110.7 103.0 87.1 63.9 34.6 987.7 W 8 62.0 69.2 111.9 129.6 144.0 143.2 116.9 108.7 101.6 86.2 66.9 52.9 1193.2 52.7 51.9 100.7 123.1 144.0 143.2 116.9 108.7 101.6 86.2 63.6 45.0 1137.7 15.5 17.3 56.0 84.2 144.0 143.2 116.9 108.7 101.6 86.2 63.6 34.4 971.6 W 9 61.6 68.5 110.5 127.8 141.8 140.7 114.4 107.3 100.5 85.5 66.7 52.7 1177.8 52.3 51.4 99.4 121.4 141.8 140.7 114.4 107.3 100.5 85.5 63.3 44.8 1122.8 15.4 17.1 55.2 83.1 141.8 140.7 114.4 107.3 100.5 85.5 63.3 34.2 958.5 W 10 61.0 67.4 108.6 125.4 139.0 137.5 111.4 105.4 98.9 84.4 66.3 52.2 1157.5 51.9 50.6 97.7 119.1 139.0 137.5 111.4 105.4 98.9 84.4 63.0 44.4 1103.3 15.3 16.9 54.3 81.5 139.0 137.5 111.4 105.4 98.9 84.4 63.0 33.9 941.4 W 11 60.5 66.5 107.1 123.4 136.9 135.1 109.0 103.9 97.5 83.7 65.9 51.8 1141.4 51.5 49.9 96.4 117.2 136.9 135.1 109.0 103.9 97.5 83.7 62.6 44.0 1087.7 15.1 16.6 53.6 80.2 136.9 135.1 109.0 103.9 97.5 83.7 62.6 33.7 927.9 W 12 60.2 65.7 105.7 121.5 134.8 132.9 106.8 102.4 96.4 83.0 65.4 51.4 1126.0 51.1 49.3 95.1 115.4 134.8 132.9 106.8 102.4 96.4 83.0 62.2 43.7 1073.0 15.0 16.4 52.9 79.0 134.8 132.9 106.8 102.4 96.4 83.0 62.2 33.4 915.0 NW 0 63.7 76.1 123.0 143.1 162.9 166.6 144.1 125.6 111.8 92.4 68.2 54.5 1332.1 54.1 57.1 110.7 135.9 162.9 166.6 144.1 125.6 111.8 92.4 64.8 46.3 1272.4 15.9 19.0 61.5 93.0 162.9 166.6 144.1 125.6 111.8 92.4 64.8 35.4 1093.1 NW 1 57.1 70.9 117.8 140.1 160.9 165.1 141.4 122.9 107.9 86.3 61.8 48.7 1280.9 48.6 53.1 106.1 133.1 160.9 165.1 141.4 122.9 107.9 86.3 58.7 41.4 1225.5 14.3 17.7 58.9 91.1 160.9 165.1 141.4 122.9 107.9 86.3 58.7 31.6 1056.8 NW 2 50.7 65.5 112.1 136.5 158.2 162.6 138.1 119.6 103.5 80.0 55.6 43.0 1225.3 43.1 49.1 100.9 129.6 158.2 162.6 138.1 119.6 103.5 80.0 52.8 36.5 1174.1 12.7 16.4 56.1 88.7 158.2 162.6 138.1 119.6 103.5 80.0 52.8 27.9 1016.6 NW 3 44.8 60.2 106.2 132.2 154.7 159.4 134.2 115.8 98.9 74.0 49.8 37.9 1167.9 38.1 45.1 95.6 125.6 154.7 159.4 134.2 115.8 98.9 74.0 47.3 32.2 1120.7 11.2 15.0 53.1 86.0 154.7 159.4 134.2 115.8 98.9 74.0 47.3 24.6 974.0 NW 4 39.6 55.3 100.2 127.7 150.7 155.5 129.8 111.8 94.1 68.3 44.7 33.5 1111.2 33.7 41.5 90.2 121.3 150.7 155.5 129.8 111.8 94.1 68.3 42.5 28.5 1067.7 9.9 13.8 50.1 83.0 150.7 155.5 129.8 111.8 94.1 68.3 42.5 21.8 931.2 NW 5 35.3 50.9 94.5 122.9 146.2 151.1 125.1 107.7 89.5 63.1 40.4 29.9 1056.7 30.0 38.2 85.0 116.8 146.2 151.1 125.1 107.7 89.5 63.1 38.4 25.5 1016.6 8.8 12.7 47.2 79.9 146.2 151.1 125.1 107.7 89.5 63.1 38.4 19.5 889.3 NW 6 31.9 47.1 89.1 118.1 141.6 146.5 120.3 103.6 85.2 58.6 36.9 27.1 1005.9 27.1 35.3 80.2 112.2 141.6 146.5 120.3 103.6 85.2 58.6 35.0 23.1 968.6 8.0 11.8 44.5 76.8 141.6 146.5 120.3 103.6 85.2 58.6 35.0 17.6 849.4 NW 7 29.2 43.9 84.1 113.5 137.0 141.7 115.5 99.7 81.2 54.8 34.1 25.0 959.7 24.8 32.9 75.7 107.8 137.0 141.7 115.5 99.7 81.2 54.8 32.4 21.2 924.8 7.3 11.0 42.1 73.8 137.0 141.7 115.5 99.7 81.2 54.8 32.4 16.2 812.6 NW 8 27.2 41.2 79.8 109.1 132.5 137.0 110.9 96.2 77.6 51.6 31.9 23.4 918.5 23.1 30.9 71.8 103.6 132.5 137.0 110.9 96.2 77.6 51.6 30.3 19.9 885.6 6.8 10.3 39.9 70.9 132.5 137.0 110.9 96.2 77.6 51.6 30.3 15.2 779.3 NW 9 25.9 39.4 76.5 105.6 128.9 133.2 107.3 93.4 74.9 49.5 30.4 22.4 887.6 22.1 29.6 68.9 100.3 128.9 133.2 107.3 93.4 74.9 49.5 28.9 19.1 856.0 6.5 9.9 38.3 68.6 128.9 133.2 107.3 93.4 74.9 49.5 28.9 14.6 754.0 NW 10 24.6 37.3 72.6 101.2 124.2 128.2 102.7 90.0 71.7 46.9 28.9 21.4 849.9 20.9 28.0 65.3 96.1 124.2 128.2 102.7 90.0 71.7 46.9 27.4 18.2 819.9 6.2 9.3 36.3 65.8 124.2 128.2 102.7 90.0 71.7 46.9 27.4 13.9 722.7 NW 11 23.8 35.9 69.7 97.8 120.6 124.3 99.0 87.5 69.4 45.2 27.9 20.9 822.1 20.2 26.9 62.8 92.9 120.6 124.3 99.0 87.5 69.4 45.2 26.5 17.7 793.1 6.0 9.0 34.9 63.6 120.6 124.3 99.0 87.5 69.4 45.2 26.5 13.6 699.4 NW 12 23.2 34.8 67.3 94.8 117.2 120.7 95.8 85.2 67.3 43.8 27.1 20.4 797.6 19.7 26.1 60.5 90.1 117.2 120.7 95.8 85.2 67.3 43.8 25.8 17.3 769.6 5.8 8.7 33.6 61.6 117.2 120.7 95.8 85.2 67.3 43.8 25.8 13.3 678.8 Reduced for Snow without Shedding Month Output kWh Roof Orientation Options Un-Reduced Month Output kWh. (Data imported from NREL PVWatts) Reduced for Snow with Shedding Month Output kWh Reductions Percent Reduction 225