HomeMy WebLinkAboutresolution.council.025-15 RESOLUTION # 25
(Series of 2015)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND WINTER & 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,
between the City of Aspen and, a true and accurate copy of which is attached
hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
and update to the City of Aspen Residential Design Standards, between the City of
Aspen and Winter & 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,CitylCouncil of the City.of
Aspen on the 23rd day of February, 2015.
Steve Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held February 23rd, 2015.
VAiKC
Linda Manning City Clerk
2014 PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST
Instructions: This form should be completed at each step of the procurement process and should follow each request for review
or approval. Contracts under $10,000 require only Department Head approval. Contracts over $10,000 require City Manager
approval. They do not require competitive bids but require documentation of source selection process. Contracts over $25,000
require City Attorney and City Manager approval, competitive bidding process is required, and City Council approval.
ALL CONTRACTS
Procurement Description: �a1r:A�.s�i>>� Oe-6A. S 4,74s Undue Project#: b 04—1S�X
Budget estimate for this project: $ < Z5,000 Capital Director's Review
Account Code: Z01 5 Project Manager: Ju ;i , � r
Is proposed expenditure approved in the Department's budget? Yes No
Explain process for vendor selection,
L//1`--1q-Dept. Head approval of proposal:
?--elr! City Manager Approval d!'!v City Attorney Approval
CONTRACTS OVER-S103000 AND UNDER$25 000
Competitive Quotes: $
(Attach Quotes)
ContractorNendor Selected:
Dept. Head approval: City Manager Approval:
City Attorney Review:
Original signed contract documents to City Clerk,Department and to Vendor/Contractor
CONTRACTS OVER$25,000
-, fZFP or ITB Completed: '()X��(e� `�- e- i4o�?pm _
zl -`� RFP or ITB Reviewed by City Attorney' ��----- �����.
-/ In Advertisement 2"d Advertisement (Attach Advertisement)
f;,ZjAj,, ,�Bid Opening:
ContractorNendor Selected: liKv2kr J Cz C
If a Capital Project over$25K,Capital Asset Approval
Dept. Head approval:
Award letter sent: M94 �
3 signed contracts returned by ven r/contractor
Performance and Payment Bonds received
Certificate of insurance received
CONTRACTS OVER$25,000
If over$25,000,prepare a cover memo and resolution for City Council Approval
Date City Council Approves Notice to Proceed
The City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009
PROFESSIONAL SERVICES
City of Aspen Project No.: 2014-153.
AGREEMENT made as of 8"day of January, in the year 2015.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Community Development
130 South Galena Street Total: $29,900.00
Aspen, Colorado 81611
Phone: (970) 920-5055
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$25,000.00 it shall not be deemed valid
Winter and Company until it has been approved by the City
p y Council of the City of Aspen.
c/o Nore Winter
1265 Yellow Pine Avenue City Council Approval:
Boulder, CO 80304
Phone: 303.440.8445 Date: February 23, 2015
Resolution No.: 25-2015
For the Following Project:
Residential Design Standards
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
Agreement Professional Services Page 0
The City and Professional agree as set forth below.
1. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as
is consistent with professional skill and care and the orderly progress of the Work in a.timely
manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later
than August 31, 2015. 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. Paymen . In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall
not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review
the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assi nag bility. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors' officers,"agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its,best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement
shall become the property of the City. Notwithstanding the above, Professional shall not be
relieved of any liability to the City for damages sustained by the City by virtue of any breach of
Agreement Professional Services Page 1
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
Profess'ional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, if such injury,
loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by,
the act;-omission, error, professional error, mistake, negligence, or other fault of the Professional,
any -subcontractor of the Professional, or any officer, employee, representative, or.agent of the
Professional.or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor
of the Professional. The Professional agrees to investigate, handle, respond to, and to-provide
defensefor 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.
Agreement Professional Services 2
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below.--Such
coverages shall be procured and maintained with forms and insurance acceptable to the_City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of
any claims-made policy,the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED--THOUSAND DOLLARS ($500,000.00) for each accident,--FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE
MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy .shall. .
contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined_ .
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hire_d and non-
owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interests provision. If the Professional has no
owned automobiles, the requirements of this Section shall be met by each employee
of the Professional providing services to the City under this contract. -
(iv) , Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
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 riot 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.
Agreement Professional Services 3
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(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 ntil at least thirty(30) days
prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
-required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
-may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R:S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours.,.City-.makes no representations whatsoever with respect to specific coverages offered,by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12: -..._Notice. Any written notices as called for herein may be hand delivered or mailed by
certified-mail-return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectionat -or -sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion_shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of-City's municipal code, Section 13-98,
pertaining to-non-discrimination in employment.
Agreement Professional Services 4
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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_ ayailabl_e__to it under this Agreement or by law despite any such forbearance or
indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his*absence)
following a Motion or Resolution_of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence)to execute the same.
16. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City-of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
"Public Contract for Services" means this Agreement. _...__..
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance. -
(c) By signing this document,_Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
Agreement Professional Services 5
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(ii) Professional has participated or attempted to participate in the-Basic Pilot --
Program in order to verify that new employees are not employ illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
-- without confirming the employment eligibility of'all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a'subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services. . .
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
'application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants`while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing.
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City-of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly_
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
Agreement Professional Services 6
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(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the -City -of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City_of Aspen arising out of Professional's violation of Subsection
8-17:5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
16. Warranties Against Contingent Fees Gratuities Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employgd._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; - -
Agreement Professional Services _......_ 7
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3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
18. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
Agreement Professional Services 8
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date first written above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
A�
[ gna [Signature]
9By: By:Nore V. Winter
[Ne] [Name]
Title: �, Title: Owner, Winter& Company
Date: �5 ' Date: 02/13/2015
Approved as to form:
ity Attorney's Office
Agreement Professional Services 9
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EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
The objective of this work is to organize and streamline the existing Residential Design
Standards and review process in order to better serve the community. Winter & Company will-
serve as support to City Staff, who will be producing the materials, and will assist with the
process, from outreach through'adoption. The components are identified on the following pages.
Agreement Professional Services 10
COMMUNITY OUTREACH
We use community outreach strategies that highlight the assets of each community, establish a
strong vision for the future and provide clear, practical guidance for improvements. This requires
public participation strategies that engage a range of participants in meaningful activities.
We will assist City staff to identify groups and organizations that should be engaged in the
process. We will facilitate meetings for the identified advisory group and are also available to
facilitate stakeholder groups that are scheduled during our visits to Aspen. Finally, we.are
available to conduct additional meetings or public open houses as an additional service.
Our proposed public outreach strategies are summarized below.
Advisory Group
We Will Work with staff to identify a small advisory group that will help review and provide
feedback on alternative design standards. An initial assumption is that the advisory group will
include local architects, developers, property owners and/or real estate professionals.
We will facilitate two meetings of the advisory group at major project milestones (Winter Co
staff will facilitate one on-site meeting and Suzannah Reid will facilitate the other). We will also
conduct additional video conferences with the advisory group. As an optional service, Suzannah
Reid is available to facilitate additional on-site advisory group meetings.
Stakeholder Meetings
Stakeholder meetings provide participation opportunities for key individuals or groups whose
advice is critical to the success of the project. Issues discussed may be more technical than those
addressed in public meetings. We will work with staff and the advisory group to identify
potential stakeholders to invite to drop-in or scheduled meetings.
While on-site, we are available to facilitate stakeholder meetings during project step 1. We will
also develop agendas and other materials to assist staff in conducting additional stakeholder
meetings, if necessary.
Website
We will work with the City to maintain a web page that publishes interim reports on the progress
of the project.
Public Open Houses (optional additional service)
Public open houses and workshops are designed to engage the greatest numbers of people and to
highlight a diversity of ideas. We organize participants into teams for hand-on activities while
also providing worksheets, surveys or other opportunities for individual feedback. An open
house may be organized around presentation boards or other opportunities to learn about the
project and ask questions.
As an additional service, we are available to facilitate workshops or open houses.
Agreement Professional Services 11
IDENTIFICATION OF ISSUES
We will begin the project by evaluating the existing standards to determine where they may
present design or financial challenges for architects and designers, or where they may present
administrative difficulties for City staff. '
We will first discuss. the existing standards with staff before opening the discussion to the
advisory-group. and then- specific stakeholder groups, such as architects, developers and real
estate professionals. Key questions to answer will include:
• Do the existing standards sufficiently address neighborhood compatibility?
• Are the existing standards sufficiently understood,by applicants and property owners?
• Do the existing standards allow sufficient flexibility for design creativity that would be
compatible with neighborhood context?
• Are the existing standards sufficiently context-sensitive, or will it be necessary to determine
that some.or all of the standards should not apply in some contexts (i.e., when new homes are
part of a large new development vs. individual infill within an established neighborhood)
IDENTIFICATION OF SOLUTIONS
We ,w,ill develop solutions based on the evaluation of existing standards and a discussion of
issueswith staff, the advisory group, stakeholders and the overall community (optional). While
we understand that the City of Aspen does not intend to completely rework the existing
residential design standards, it will be important to consider a range of alternatives to address _
identified issues. These may include:
• Revisions to existing standards and/or introduction of new tools (note that the strategy report
will include illustrated definitions of a range of tools that could address identified issues).
Design tools are likely to focus on:
Elements relating to pedestrian orientation
Compatibility with adjacent lower-scale structures
Ensuring.that large new structures are designed to remain residential in appearance
• Adjustment to the geographic application of existing or new tools
Revisions to definitions or measurement systems '
• Use of more refined and easy to understand language within the standards
• Adjustments to review thresholds, variance processes or other administrative processes
We will summarize the issues and potential alternative tools in a concise strategy report. Based
on a review of alternatives, we will also work with staff and the advisory group to establish a ,
recommended set of tools to be included in an ordinance to update Aspen's residential design
standards. Minimizing staff and board work loads, and expediting review and decision-making
will be-key objectives.
Agreement Professional Services 12
DRAFTING UPDATES
We will draft language for updates to the residential design standards that implement the
recommended tools.These tools will promote defined goals for the project and address identified
issues. The text updates will be provided to staff in Microsoft Word format. After review and
feedback, we will assist staff to transition the language updates into ordinance format.
It is assumed that updates will apply to all single-family residential development in the city, with
the exception of development of the RB-15 zone district. The specific application of the updates
are likely to vary based on:
• Zone district or areas of special character
• Location within the defined Aspen Infill Area (East of Castle Creek and South of the Roaring
Fork River)
• Location adjacent to a designated historic structure
• Lot size or type
• Project type
POTENTIAL ADDITIONAL SERVICES
We are available to provide additional services to support the residential design standards project.
A proposed budget for additional services is provided on page 19 of our proposal. Potential
services include:
Community Workshop or Open House
Winter& Company is available to conduct open houses or workshops as described on page 14 of
our proposal.
Illustration of Standards (new and revised graphics)
Winter & Company has extensive experience with illustration of design standards and guidelines.
Graphics included in a zoning code should be simple, clear and focused on specific design topics.
They should also illustrate compatible design conditions in a context that will be familiar to
Aspen users. Winter & Company is available to provide graphics to illustrate the text design
standards. It is assumed that graphics would be generated using SketchUp and Adobe Illustrator,
with the final graphics provided as Adobe PDF or JPEG files.
Design Standards Handbook or Manual
Depending on the nature of the recommended tools, we may suggest that the residential design
standards be referenced in a separate residential design standards manual or handbook. This
would be an optional approach for discussion with staff and the advisory committee. Winter &
Company is available to draft a manual or handbook as an additional service in combination with
the additional services for illustration of the standards described above. It is assumed that the
handbook would be developed using Adobe InDesign software and posted on the web for users
in interactive Adobe PDF format.
Agreement Professional Services 13
Assistance with Adoption
Winter & Company is available to assist with adoption of the residential design standards as part
of an additional on-site trip. We would create and deliver a presentation for elected officials and
could also host an additional public workshop or open house during the visit.
i
Agreement Professional Services 14
4: Tim* eline
The anticipated overall project timeline is provided below. A proposed budget for,each project step is
provided in the next section. _-
Completed by:
Step 1: Define the Issue
1.1:Conduct video conference to evaluate standards with staff and discuss advisory group February 27,2015
1.2:Conduct video conference with staff to discuss on-site visit March 6,2015
1.3:On-site visit March 27,2015
» Meet with staff
Tour"issues"with staff
» Meet with Advisory Committee
» Focus/stakeholder groups(1-2x)
» Community Open House to introduce project and gather feedback(optional additional service)
-•Z. Identify • •
2.1:Deliverable-Strategy Report Draft#1 April 17,2015
2.2:Conduct video conference with staff and Advisory Committee to review Strategy Report Draft#1 May 1,2015
2.3:Deliverable-Strategy Report Draft#2(15-20 pages with illustrations) May 29,2015
2.4:Conduct video conference with staff and Advisory Committee to discuss strategy(S. Reid on site) June 19,2015
2.5 Focus/stakeholder groups(facilitated by S.Reid) June 19,2015
-• UpAates
3.1:Deliverable-Standards Text Draft#1 July 10,2015 -
3.2:Conduct video conference with staff to discuss standards draft#1 --July 17,2015-"
3.3:Deliverable-Standards Text Draft#2 August 7,2015
3.4:Conduct video conference with staff and Advisory Committee to discuss Standards Draft#2 August 21,2015
Step_4: Illustration & Adoption (op ional additional services)
4.1: Deliverable-Design standards illustrations(optional additional service) Augusi,2015
4.2:Deliverable-Draft and final design standards handbooks(optional additional service) August,2015
4.3:Additional on-site visit(optional additional services) August,2015
» Meet with staff to discuss adoption strategy
» Meet with Advisory Committee to discuss adoption strategy
» Assist with presentation of standards at adoption hearing
» Community Open House to present ordinance
Agreement Professional Services 15
EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
BASE SERVICES BUDGET
The-budget below provides costs for base services to define issues, identify solutions, and draft
text updates to the residential design standards. It includes two on-site visits and meetings with
staff,the Advisory Committee and stakeholders as described in Step 4: Timeline.
:Step 1: Define the Issue
Personnel_ Rate Hrs. Amount
Winter&Company Sr.Planner $110 30 $3,300
C.Bostic/J.Husband $110 6 $660
N.Winter $180 3 $540
Winter&Company Design Associate $60 0 $0
S.Reid $110 9 $990
STEP 1 FEES $5,490
STEP 1 EXPENSES Unit Cost Freq. Amount
Technical and Travel Expenses $555 LS $555
TOTAL STEP-1 EXPENSES $555
TOTAL STEP 1 FEES AND EXPENSES $6,045.00 _
Step 2: Identify Solutions
Personnel Rate Hrs. Amount
Winter&_Company Sr.Planner $110 60 $6,600
C.Bostic/J.Husband $110 11 $1,210
N.Winter $180 8 $1,440
Winter&Company Design Associate $60 24 $1,440
S.Reid $110 17 $1,870
STEP 2 FEES $12,560
STEP 2 EXPENSES Unit Cost Freq. Amount
Technical Expenses $555 LS $555
TOTAL STEP 2 EXPENSES $555
TOTAL STEP 2 FEES AND EXPENSES $13.115.00
StepUpdates
Personnel - - — - Rate Hrs. Amount
Winter&Company Sr.Planner $110 32 $3,520
C.-Bostic/J.Husband $110 8 $880
N.Winter $180 5 $900
Winter&Company Design Associate $60 0 $0
"S.-Reid---' $110 4 $440
STEP 3 FEES $5,740
STEP 3 EXPENSES Unit Cost Freq. Amount t
Technical and Travel Expenses $0 LS $0
TOTAL STEP 3 EXPENSES $0
TOTAL STEP 3 FEES AND EXPENSES $5.740.00
TOTAL FOR BASE SERVICES $24,900.00
Agreement Professional Services 16
OPTIONAL ADDITIONAL SERVICES BUDGET
The budget below provides anticipated costs for potential optional services that could include
additional meetings, on-site visits, illustrations or handbooks.
Optional
Personnel Rate Hrs. Amount
Winter&Company Sr.Planner $110 2 $220
C.Bostic/J.Husband $110 0 $0
N.Winter $180 0 $0
Winter&Company Design Associate $60 0 $0
S.Reid $110 3 $330
TOTAL FEES $550
TOTAL FEES AND EXPENSES $550.00
*Additional on-site Advisory Committee or Stakeholder meetings facilitated by Suzannah Reid in
steps 1-4 with Winter&Company connected via phone or video conference
Optional Services Budget for Each Community Open House*
Personnel Rate Hrs. Amount
Winter&Company Sr.Planner $110 8 $880
C.Bostic/J.Husband $110 2 $220
N.Winter $180 1 $180
Winter&Company Design Associate $60 8 $480
S.Reid $110 3 $330
TOTAL FEES $2,090
TOTAL FEES AND EXPENSES $2,090.00
*Interactive community open house facilitated by Winter&Company in conjunction with on-site visit
includes presentation and interactive open house materials(visual activities to review design alternatives,
Personnel Rate Hrs. Amount
Winter&Company Sr.Planner - $110 16 $1,760
C.Bostic/J.Husband $110 12 $1,320
N.Winter $180 1 $180
Winter&Company Design Associate $60 30 $1,800
S.Reid $110 0 $0
TOTAL FEES $5,060
TOTAL FEES AND EXPENSES $5,060.00
*Draft and final technical illustrations to complement design standards text(approx.10-12x)
Optional Services Budget for Design Standards Handbook*
Personnel Rate Hrs. Amount
Sr.Planner $110 26 $2,860 i
C.Bostic/J.-Husband $110 5 $550
N.Winter $180 1 $180
Winter&Company Design Associate $60 24 $1,440
S.Reid $110 0 $0
TOTAL FEES $5,030
TOTAL FEES AND EXPENSES $5,030.00
*Residential design standards published in a separate visual InDesign/Acrobat handbook(approx.
10-20 pages)ould be used in combination with optional services for design standards illustration
Optional Services Budget for Additional On-Site Visit
Personnel Rate Hrs. Amount
Sr.Planner - $110 30 $3,300
C.Bostic/J.Husband $110 0 $0
N.Winter $180 1 $180
Winter&Company Design Associate $60 0 $0
S.Reid $110 4 $440
STEP 3 FEES $3,920
EXPENSES Unit Cost Freq. Amount
Technical and Travel Expenses $555 LS $555
TOTAL STEP 2 EXPENSES $555
EXPENSES $4,475.00
.TOTAL FOR OPTIONAL ADDITIONAL SERVICES $17,205.00
Agreement Professional Services 17
J
City of Aspen and Winter& Company agree to amend the original City of Aspen Project
No.: 2014-153 as follows:
Winter& Company will provide about 10 to 12 images to illustrate the text design standards. It
is assumed that graphics would be generated using SketchUp and Adobe Illustrator, with the
final graphics provided as Adobe PDF or JPEG files.
Cost for this addition to the original scope:
Personnel Rate Hrs. Amount
Winter&Company Sr.Planner $110 16 $1,760
C.Bostic/J. Husband $110 12 $1,320
N.Winter $180 1 $180
Winter&Company Design Associate $60 29 $1,740
S.Reid $110 0 $0 .
TOTAL FEES DESIGN STANDARDS ILLUSTRATION $5,000
TOTAL DESIGN STANDARDS ILLUSTRATION FEES AND
EXPENSES $5,000.00
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date first written above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
I/A
[Signature) [Signature)
By: 6� / �% By: Nore V. Winter
[Name] [Name]
Title: C: sv Title: Owner,Winter& Company
Date: �ll Date: 03/5/2015
Approved as to form:
Z.Xityyorney's Office
Agreement Professional Services 1