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HomeMy WebLinkAboutagenda.council.regular.amended.20241112AGENDA CITY COUNCIL REGULAR MEETING November 12, 2024 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 #133, Series of 2024 - Contract with Gould Construction for Lumberyard Affordable Housing Project Phase 0 ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://us06web.zoom.us/j/81053129090? pwd=CQgbdfQGKR9BxlBjno8UB3QxyHSlwr.1 Passcode: 81611 Or join by phone: Dial: US: +1 346 248 7799 Webinar ID: 810 5312 9090 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kd4TGcCXeo (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) Council Memo Lumberyard Phase 0 - Gould Construction.docx EXHIBIT D - Reso #133, Series of 2024 - Lumberyard Phase 0 - Contract with Gould 1 1 VI.B Resolution #134, Series of 2024 - Approving a Contract with Grassroots Community Network VI.C Resolution #135, Series of 2024 – Entrance to Aspen EIS Scoping Change Order #4 VI.D Resolution #136, Series of 2024 - Wheeler Contract with Major League Booking, LLC for performances at the Wheeler Opera House VI.E Draft Minutes of October 22nd and November 4th VII.Notice of Call-Up VII.A300-312 E Hyman Avenue (The former Crystal Palace) VIII.First Reading of Ordinances VIII.AOrdinance #16, Series of 2024 - City of Aspen Fall Supplemental Budget Construction - CMO Approved Change Orders.doc EXHIBIT A - AIA A132, A132A, A132B, A232, & Addendums - Construction Contract with Gould Construction.pdf EXHIBIT B - Memorandum of Opinion, Dynamic Program Management.pdf EXHIBIT C - Memorandum of Opinion, Cushing Terrell Architects.pdf Memo Resolution #134, Series 2024.docx Reso_134_Contract Approval.docx 2024-345 Professional Services Agreement GrassRoots.docx.pdf _2025 City of Aspen CGTV Station Management and Production Fee Structure 6.20.24 (1).pdf 2024 11-12 Castle Creek Bridge Change Order Memo.pdf Attachment B - 2024-135 reso.pdf Attachment C – Jacobs Engineering Amendment #4 Scope of Work.pdf Attachment A - CDOT-FHWA Letter Sept 18th 2024.pdf Jacobs_Engineering_Change_Order_Form_4_.pdf Wheeler Memo_Res136.pdf Resolution #136 - Wheeler Contract wtih Major League Booking, LLC.docx Ex. A - Wheeler Contract with ML Booking_AspenCO.pdf WOH Seating Chart 2025.pdf cc.min.102224.docx cc.min.110424.docx Notice of Call Up Memo_300-312 E Hyman_Crystal Palace.pdf Exhibit A_ Staff Memo.300_312 E Hyman_10_2_2024.pdf Exhibit B_ minutes.hpc.20241002_DRAFT.docx Exhibit C - PreApplication.pdf Exhibit D - Revised Application 9_25_24.pdf Exhibit E_Original Preservation Plan.pdf 2024 Fall Supplemental Memo - 1st Reading final.docx 2024 Fall Ordinance No.16, Series 2024 - 1st Reading.docx 2024 Fall Supplemental Ordinance Exhibits - Final.pdf 2 2 VIII.BOrdinance #17, Series of 2024 - City of Aspen 2025 Fee Ordinance VIII.COrdinance #20, Series 2024 - Changes to Title 25 - Utilities Rates VIII.DOrdinance #14, Series of 2024 - Response to HB23-1255 IX.Public Hearings IX.A Resolution #126, Series of 2024 - City of Aspen 2025 Budget IX.B Resolution #127, Series of 2024 - APCHA 2025 Budget IX.C Ordinance #19, Series of 2024 – Section 25.12.095 Utilities Updates – Water Service Line Requirements X.Action Items XI.Adjournment 2025_Fee_Ordinance_No_17_First_Reading_Memo_11.12.24(1).docx 2025 Fee Ordinance No 17 Series 2024.pdf 2025 Proposed Fee Changes Ordinance No 17 Series 2024.pdf Council Memo - First Reading for T25 - FINAL 2024 1024.docx Exhibit A - Ordinance #20 Series of 2024 - Title 25 Updates - First Reading_ FINAL.docx Memo_Ordinance #14, Series of 2024_Response to HB23-1255.pdf Ordinance #14, Series of 2024_HB23-1255 Response.pdf Exhibit A - Section 26.470 Redlines.pdf Exhibit B - Section 26.202.010.f Redlines.pdf Exhibit C - Text, House Bill 23-1255.pdf 2025_Budget_Resolution_Memo_126__Series_2024__11.12.24.docx Budget Resolution No.126 (Series 2024) 11.12.24.docx Budget Resolution No.127 - APCHA - Memo 11.12.24.docx Budget Resolution No.127 (Series 2024)- APCHA 11.12.24.docx Council Memo - Public Hearing - Title 25 Utilities Updates Water Service Line Requirements_FINAL.docx Exhibit A_Proposed Ordinance #19 Series of 2024 Title 25 Utilities Water Service Line Requirements.docx Exhibit B_Water Service Line Information for Property Owners Flyer.pdf 3 3 MEMORANDUM TO:Mayor Torre and City Council FROM: Ben Levenson, Senior Project Manager, Capital Asset THROUGH:Robert Schober, Capital Asset Director MEMO DATE:October 28, 2024 MEETING DATE:November 12, 2024 RE:Resolution #133, Series of 2024 – Lumberyard Affordable Housing Project Phase 0 Contract for Abatement, Deconstruction & Demolition, and Pre-Construction Services with Gould Construction _____________________________________________________________________ REQUEST OF COUNCIL: The City of Aspen Capital Asset staff are requesting approval of a contract with Gould Construction for Abatement, Deconstruction & Demolition, and Pre-Construction Services for Phase 0 of the Lumberyard Affordable Housing Project. The contract amount is $3,031,087. SUMMARY AND BACKGROUND: In September 2023, Aspen City Council approved the Lumberyard Affordable Housing Project (Lumberyard) entitlements under Ordinance 10 of 2023. Aspen City Council subsequently approved the 2024 capital project budget in the amount of $14,250,000 for the implementation of the Lumberyard phase 0 infrastructure, which includes demolition and recycling of the existing facilities as well as site grading, utility installation and access infrastructure construction. Staff most recently provided Council with an update on the Lumberyard project via an informational memo and presentation at a work session on July 8, 2024. The project team has developed the Lumberyard Phase 0 plan set. Phase 0 includes abatement of asbestos, abatement of contaminated soils, demolition & recycling of 11 existing buildings, demolition & recycling of all existing asphalt and concrete, demolition of existing utilities and infrastructure, installation of new utilities and infrastructure, site grading, and CDOT Right of Way work. CDOT Right of Way work includes Highway 82 and Lumberyard Way intersection improvements, and the AABC trail underpass at Lumberyard Way. Upon completion of Phase 0, the Lumberyard site will be ready for a developer to begin vertical construction. 4 DISCUSSION: City staff solicited proposals from qualified construction firms for Phase 0 of the Lumberyard. The Request for Proposal (RFP) was developed to break Phase 0 into two phases: Phase 0.1 o Abatement of asbestos & contaminated soils, demolition and recycling of existing structures, demolition and recycling of existing asphalt & concrete, and Construction Manager/General Contractor (CM/GC) pre-construction services to transparently collaborate on the creation of a verified GMP bid for the construction of Phase 0.2. Phase 0.2 o Infrastructure and grading. This initial contract with Gould Construction in the amount of $3,031,087 is for Phase 0.1. Should the CM/GC pre-construction work go well, the intent to amend the contract to include Phase 0.2 once that process is complete. City Staff had decided to take this phased approach for the following reasons: Cost control and transparency:The CM/GC process facilitates open-book pricing, ensuring that costs are transparent and manageable throughout the project. Value engineering:This approach enables the contractor to identify cost-saving opportunities in methods, materials, and scheduling without compromising project quality. Risk mitigation:With early involvement, the CM/GC can help mitigate risks by identifying potential issues in design, site conditions, or materials that could cause delays or increase costs. Project timing:Demolition and abatement must be completed before infrastructure and grading can begin. Demolition and abatement can start in fall 2024, continuing through the winter, while the more weather-sensitive infrastructure work can begin in spring 2025. This phased approach ensures that valuable time during the winter months is used to further refine plans for infrastructure and grading, in line with best practices that avoid beginning such work during the winter season. 5 BASIS FOR VENDOR SELECTION: A multi-disciplinary evaluation committee, consisting of City staff from Capital Asset, Engineering, and Utilities, conducted a thorough review of the proposals submitted for the Lumberyard Phase 0 RFP. The evaluation was based on the following key criteria: Cover Letter, Qualifications, Experience, and References Project Approach (including proposed schedule and sequencing) Guaranteed Maximum Price (GMP) Fee Proposal (with a focus on completeness and transparency) Bidders were required to submit: A Guaranteed Maximum Price (GMP) for Phase 0.1 A detailed construction schedule for Phase 0.1 An estimated construction schedule for the entirety of Phase 0 An estimated general conditions cost schedule, including hourly labor rates and equipment rates for the entirety of Phase 0 Six bids were received, of which four were deemed complete and fully responsive. Based on the evaluation criteria, three bidders were shortlisted and interviewed. Although the contract resulting from this RFP is specific to Phase 0.1, the evaluation also considered the proposed construction schedules and cost estimates for both Phase 0.1 and Phase 0.2, ensuring that the selected bidder is well-positioned to handle the full infrastructure scope. The table below outlines the details of each bid: Bidder Phase 0.1 Costs Estimated General Conditions Cost for entirety of Phase 0 Gould Construction $3,031,087 $2,646,100 Shaw Construction and Stutsman Gerbaz $4,788,168 $2,520,494 Milender White $3,204,590 $3,322,574 Symmetry Builders $1,977,023 $2,331,352 Spirtas Worldwide Incomplete Incomplete Empire Demolition and Property Services Incomplete Incomplete 6 Ultimately the evaluation committee unanimously agreed that Gould Construction submitted the most comprehensive and competitive proposal. Key factors in their selection include: Extensive Local Experience: Gould Construction has over 45 years of experience in the Roaring Fork Valley and specializes in large civil infrastructure and site development projects. Gould Construction has completed many projects with The City of Aspen, Town of Snowmass Village, and Glenwood Springs. Gould has also acted as a CM/GC with each of these municipalities in the past. Competitive Pricing: Gould Construction provided the most competitive GMP price among the shortlisted bidders, offering excellent value without compromising on the quality or comprehensiveness of their proposal. Their general conditions costs for the entirety of Phase 0 are in line with other qualified bidders. Commitment to Sustainability:Gould’s proposal includes a robust recycling and landfill waste diversion plan with a goal of diverting 90% of demolition debris from landfills by recycling materials on-site. FINANCIAL IMPACTS: Staff recommends awarding Gould Construction a contract in the amount of three million, thirty-one thousand and eighty-seven dollars; $3,031,087; for Abatement, Deconstruction & Demolition, and Pre-Construction Services for Phase 0 of the Lumberyard Affordable Housing Project. A total of 2,095 cubic yards of lead and polycyclic aromatic hydrocarbon (PAH)- contaminated soil has been identified on the project site. As excavation progresses and additional testing is conducted, it is anticipated that further contaminated soil may be discovered, requiring abatement. Staff is also requesting that an owner’s contingency of 15% be reserved and approved for release by the City Manager as needed. The current project 2024 budget allocation and expenditures are outlined below. 2024 Budget Allocation 150 Fund Project 51641 Lumberyard Phase 0 $14,250,000 2023 Carry Forward $ 1,301,788 Committed Costs ($2,390,558) Total Remaining Funds $13,161,230 Phase 0.1 Project Expense: Gould Construction:$3,031,087 Owners Contingency (15% of the above contract)$ 454,663 Total $3,485,750 7 ENVIRONMENTAL IMPACTS: Gould Construction’s waste diversion plan emphasizes recycling and reuse of demolition materials, with a target of 90% material diversion from landfills. This includes the goal of developing a method of reusing crushed concrete and asphalt on-site during the CM/GC process, which reduces the environmental footprint and diverts construction debris from the landfill. Under the Enterprise Green Communities sustainability certification requirement for the Lumberyard, the baseline waste diversion requirement is 75% by weight. Upon verification by the project's geotechnical engineer, the reuse of crushed concrete and asphalt will enable the project to reach 90% with no additional cost. ALTERNATIVES: Council could direct staff to renegotiate the contract terms or consider alternative contractors. However, changing contractors at this stage will delay the demolition portion of the project and the CM/GC process. Council could direct staff explore the use of a private developer for the implementation of any or all portions of the phase 0 scope of work. This could result in project impacts described in Exhibit B and Exhibit C. RECOMMENDATIONS: Staff recommends that Council approve the following for Phase 0.1 of the Lumberyard Affordable Housing Project: 1. Contract Award: Approve a contract in the amount of $3,031,087 with Gould Construction for Abatement, Deconstruction, Demolition, and Pre-Construction Services. 2. Owner's Contingency: Approve a 15% owner’s contingency in the amount of $454,663, to be reserved and released by the City Manager as needed. Please find the attached Exhibit B, third party opinion from the City’s owner’s representative, Dynamic Program Management, and attached Exhibit C, third party opinion from the City’s project architect Cushing Terrell. Both opinion memos describe support for the selection of Gould Construction and the overall project delivery process currently being employed by the City for implementation of phase 0 of the Lumberyard project. It is worth noting that Cushing Terrell is the proposed architect in 9 of the 12 developer proposals currently under review for vertical development of the Lumberyard project. CITY MANAGER COMMENTS: ATTACHMENTS: 1. Exhibit A: AIA A132, A132A, A132B, A232, & Addendums - Construction Contract with Gould Construction 2. Exhibit B: Memorandum of Opinion, Dynamic Program Management 3. Exhibit C: Memorandum of Opinion, Cushing Terrell Architects 4. Exhibit D: Resolution #133, Series of 2024 8 RESOLUTION #133 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GOULD CONSTRUCTION AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO AND AUTHORIZING THE CITY MANAGER TO EXERCISE ADMINISTRATIVE OVERSIGHT OF CHANGE ORDERS THAT ARE WITHIN THE APPROVED 2024 BUDGET FOR CITY PROJECT #51641 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY OF ASPEN COLORADO. WHEREAS, there has been submitted to the City Council a contract for, construction of The Lumberyard Affordable Housing Project Phase 0 between the City of Aspen and, Gould Construction a true and accurate copy of which is attached hereto as Exhibit “A”; WHEREAS, City Council has determined it is in the best interest of the City of Aspen to authorize the City Manager to exercise administrative oversight of change orders for an amount not to exceed $454,663 and execute said change orders on behalf of the City of Aspen, Colorado. 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, construction of The Lumberyard Affordable Housing Project Phase 0 between the City of Aspen and Gould Construction a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. That the City Council of the City of Aspen does hereby authorize the City Manager to exercise administrative oversight of any change orders for an amount not to exceed $454,663 and execute said change orders on behalf of the City of Aspen, Colorado. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12th day of November 2024. 9 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, on the 12th day of November 2024. Nicole Henning, City Clerk 10 Document A132® – 2019 Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition Init. / AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; B132™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232™–2019 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the day of in the year (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) City of Aspen 427 Rio Grande Place Aspen, CO 81611 and the Contractor: (Name, legal status, address, and other information) Gould Construction, Inc. P.O. Box 130 Glenwood Springs, CO 81602 for the following Project: (Name, location, and detailed description) City of Aspen – Lumberyard Affordable Housing Phase 0 Project 2024-341 The Construction Manager: (Name, legal status, address, and other information) Dynamic Program Management P.O. Box 726 Eagle. CO 81631 The Architect: (Name, legal status, address, and other information) CTA, Inc., DBA Cushing Terrell 1700 Broadway, Suite 1200 Denver, CO 80290 The Owner and Contractor agree as follows. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 11 Init. / AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 2 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND DATES OF SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS EXHIBIT B DETERMINATION OF THE COST OF THE WORK ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND DATES OF SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ]The date of this Agreement. [ X ]A date set forth in a notice to proceed issued by the Owner. [ ]Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion of the Project or Portions Thereof § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the date of Substantial Completion of the Work of all of the Contractors for the Project will be: (Insert the date of Substantial Completion of the Work of all Contractors for the Project.) Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 12 Init. / AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 3 5/31/2025 § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work of all of the Contractors for the Project are to be completed prior to Substantial Completion of the entire Work of all of the Contractors for the Project, the Contractors shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.4 When the Work of this Contract, or any Portion Thereof, is Substantially Complete § 3.4.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall substantially complete the entire Work of this Contract: (Check one of the following boxes and complete the necessary information.) [ ]Not later than ( ) calendar days from the date of commencement of the Work. [ X ]By the following date: 5/31/2025 § 3.4.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work of this Contract are to be substantially complete prior to when the entire Work of this Contract shall be substantially complete, the Contractor shall substantially complete such portions by the following dates: Portion of Work Date to be substantially complete § 3.4.3 If the Contractor fails to substantially complete the Work of this Contract, or portions thereof, as provided in this Section 3.4, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ ]Stipulated Sum, in accordance with Section 4.2 below [ ]Cost of the Work plus the Contractor’s Fee, in accordance with Section 4.3 below [ X ]Cost of the Work plus the Contractor’s Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below.) § 4.2 Stipulated Sum § 4.2.1 The Contract Sum shall be ($ ), subject to additions and deductions as provided in the Contract Documents. § 4.2.2 Alternates § 4.2.2.1 Alternates, if any, included in the Contract Sum: Item Price § 4.2.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 13 Init. / AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 4 Item Price Conditions for Acceptance § 4.2.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item Price § 4.2.4 Unit prices, if any: (Identify the item and state the unit price, and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) (Paragraph deleted) (Table deleted) (Paragraphs deleted) § 4.4 Cost of the Work Plus Contractor’s Fee with a Guaranteed Maximum Price § 4.4.1 The Cost of the Work is as defined in Exhibit B, Determination of the Cost of the Work. § 4.4.2 The Contractor’s Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee.) Lumberyard Affordable Housing Project Phase 0.1 Item Fees 1- Abatement, Deconstruction & Demolition GMP $2,968,767.00 2- CM/GC Pre Construction Services $ 62,320.00 Total: $3,031,087.00 Billing Rates: Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 14 Init. / AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 5 General Laborer - $50/Hour Carpenter - $64/Hour Senior Project Manager - $130/Hour Project Manager - $120/Hour Assistant Project Manager - $75/Hour Senior Superintendent - $120/Hour Superintendent - $100/Hour Project Engineer - $95/Hour General Conditions ($310,000), which include Surety, insurance, overhead and profit are included in the Abatement, Deconstruction & Demolition GMP total ($2,968,767.00) Change Order Fees – 15% maximum § 4.4.3 The method of adjustment of the Contractor’s Fee for changes in the Work: Refer to AIA Document A232-2019 General Conditions of the Contract for Construction – Article 7 – Changes in the Work. § 4.4.4 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: Refer to AIA Document A232-2019 General Conditions of the Contract for Construction – Article 7 – Changes in the Work. § 4.4.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rental rate paid at the place of the Project. § 4.4.6 Unit Prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.4.7 Guaranteed Maximum Price § 4.4.7.1 The Contract Sum is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by Change Order as provided in the Contract Documents. This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. § 4.4.7.2 Alternates § 4.4.7.2.1 Alternates, if any, included in the Guaranteed Maximum Price: Item Price § 4.4.7.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance § 4.4.7.3 Allowances, if any, included in the Guaranteed Maximum Price: (Identify each allowance.) Item Price Setup, Install & 6 month Rental Sound Wall $467,500.00 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 15 Init. / AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 6 Exc, Haul, Dispose Contaminated Soils Exc, Haul, Dispose Soils @ Fuel Center $98,884.00 $18,575.00 § 4.4.7.4 Assumptions, if any, upon which the Guaranteed Maximum Price is based: (Identify each assumption.) § 4.4.8 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incorporated by Change Order. § 4.4.9 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions contained in Section 4.4.7.4. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions contained in Section 4.4.7.4 and the revised Contract Documents. § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any, to be assessed in accordance with Section 3.4.) None § 4.6 Other: (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum.) None ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum, to the Contractor, as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Refer to AIA Document A232-2019 General Conditions of the Contract for Construction Article 9 – Payments and Completion § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 5th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 30th day of the same month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment of the amount certified shall be made by the Owner not later than ( 25 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Construction Manager and Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 16 Init. / AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 7 § 5.1.4.3 In accordance with AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.4.3.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. § 5.1.4.3.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A232–2019; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A232–2019; and .5 Retainage withheld pursuant to Section 5.1.7. (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price § 5.1.6.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner, Construction Manager or Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 17 Init. / AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 8 Architect to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Contractor’s Fee. § 5.1.6.2 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Contractor’s Fee. § 5.1.6.2.1 The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Construction Manager and Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 5.1.6.2.2 The allocation of the Guaranteed Maximum Price under this Section 5.1.6.2 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 5.1.6.2.3 When the Contractor allocates costs from a contingency to another line item in the schedule of values, the Contractor shall submit supporting documentation to the Architect and Construction Manager. § 5.1.6.3 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work and for which the Contractor has made payment or intends to make payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 5.1.6.4 In accordance with AIA Document A232-2019, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.4.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified; and .4 The Contractor’s Fee, computed upon the Cost of the Work described in the preceding Sections 5.1.6.4.1.1 and 5.1.6.4.1.2 at the rate stated in Section 4.4.2 or, if the Contractor’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 5.1.6.4.1.1 and 5.1.6.4.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 5.1.6.4.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A232–2019; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A232–2019; .5 The shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and .6 Retainage withheld pursuant to Section 5.1.7. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 18 Init. / AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 9 § 5.1.6.5 The Owner and the Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors and the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.6.6 In taking action on the Contractor’s Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and such action shall not be deemed to be a representation that (1) the Construction Manager or Architect have made a detailed examination, audit, or arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; (2) that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or (3) that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner. § 5.1.6.7 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.6.8 If final completion of the Work is materially delayed through no fault of the Contractor, then the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A232-2019. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to when the Work of this Contract is substantially complete, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) 5% Retainage for Demo GMP to be paid upon completion of Demo GMP. Retention for Phase o to be negotiated. § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) Insurance, performance bonds, payment bonds, and 2 year warranty bonds § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to when the entire Work of this Contract is substantially complete, including modifications for completion of portions of the Work as provided in Section 3.4.2, insert provisions for such modifications.) § 5.1.7.3 Except as set forth in this Section 5.1.7.3, when the Work of this Contract is substantially complete, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. § 5.2 Final Payment Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 19 Init. / AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 10 (Paragraphs deleted) § 5.2.2 Final Payment Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price § 5.2.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A232–2019, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit B, Determination of the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect in accordance with Exhibit B, Determination of the Cost of the Work. § 5.2.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: § 5.3 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) % ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Article 15 of AIA Document A232–2019, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A232–2019, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ X ]Litigation in the District Court for Pitkin County, Colorado.. If the Owner and Contractor 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, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 20 Init. / AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 11 (Paragraphs deleted) § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price § 7.2.1 Termination § 7.2.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232–2019. § 7.2.1.2 Termination by the Owner for Cause § 7.2.1.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A232–2019, the Owner shall then only pay the Contractor an amount as follows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contractor’s Fee, computed upon the Cost of the Work to the date of termination at the rate stated in Section 4.3.2 or 4.4.2, as applicable, or, if the Contractor’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner; and .4 § 7.2.1.2.2 When the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, if the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A232-2019, the amount, if any, to be paid to the Contractor under Article 14 of AIA Document A232-2019 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.1.2.1. § 7.2.1.2.3 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 7.2.1.2.1.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Contractor will contain provisions allowing for assignment to the Owner as described above. Contractor shall not be liable for any negligence of subcontractors of assigned contracts for work occurring after termination. § 7.2.1.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A232–2019, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of or method for determining the fee, if any, payable to the Contractor following a termination for the Owner’s convenience.) 2.5% of unbilled remaining contract value § 7.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232–2019; in such case, the Contract Sum and Contract Time shall be increased as provided in Article 14 of AIA Document A232–2019, except that the term "profit" shall be understood to mean the Contractor’s Fee as described in Section 4.3.2 or 4.4.2, as applicable, of this Agreement. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232–2019 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 21 Init. / AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 12 § 8.2 The Owner’s representative: (Name, address, email address, and other information) § 8.3 The Contractor’s representative: (Name, address, email address, and other information) § 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A132™–2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A132™–2019, Exhibit A, and elsewhere in the Contract Documents. § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A232–2019, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) § 8.7 Relationship of the Parties Where the Contract is based on the Cost of the Work plus the Contractor’s Fee, with or without a Guaranteed Maximum Price, the Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor’s skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. § 8.8 Other provisions: § 8.8.1 Full appropriation by Owner. The amount of money appropriated for the Work is equal to, or in excess of, the contract amount. This Agreement prohibits the issuance of any change order or other directive requiring additional compensable work that would cause the total amount payable under the contract to exceed the amount appropriated, unless the Contractor is given written assurance by the Owner that lawful appropriations to cover the costs of the additional work have been made or the Work is covered under a remedy-granting provision in this agreement Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 22 Init. / AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 13 § 8.8.2 Force Majure The time during which Contractor is delayed in said work by (a) the acts of Owner or its agents or employees or those under Contract with or permission from Owner, or (b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated and unforeseeable weather that in fact delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome, or (e) any delay caused in whole, or in part, by acts or omissions within the control of Owner pursuant to C.R.S. § 24-91-103.5, shall be added to the time for completion of the work by a fair and reasonable allowance which shall be documented in a Change Order (defined above). Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement weather conditions are common and this fact has been considered by Contractor as an anticipated and foreseeable condition in preparing its Bid and agreeing to the Project Schedule and Completion Date. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A132™–2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition .2 AIA Document A132™–2019, Exhibit A, Insurance and Bonds Exhibit .3 AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition (Paragraphs deleted) .5 Drawings Number Title Date Construction Documents Phase 0: Deconstruction, Demolition, Site Grading & Public Infrastructure 7/26/2024 .6 Specifications Section Title Date Pages .7 Addenda, if any: Number Date Pages 1. Gould GMP Rev 3 2. Gould Pre Con GMP 3. Gould Demo Schedule 10/8/2024 9/12/2024 10/8/2024 2 1 1 Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ X ]AIA Document A132™–2019, Exhibit B, Determination of the Cost of the Work [ ]AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, dated as indicated below: (Insert the date of the E235-2019 incorporated into this Agreement.) [ ]The Sustainability Plan: Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 23 Init. / AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 14 Title Date Pages [ ]Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A232–2019 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above. OWNER (Signature)CONTRACTOR (Signature) (Printed name and title)(Printed name and title) Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 James R. True City Attorney Signature: Mark Gould 10/16/2024 | 3:49:39 PM MDT President/CEO 24 Additions and Deletions Report for AIA® Document A132® – 2019 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:07:34 MT on 10/16/2024. Additions and Deletions Report for AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 1 PAGE 1 City of Aspen 427 Rio Grande Place Aspen, CO 81611 … Gould Construction, Inc. P.O. Box 130 Glenwood Springs, CO 81602 … City of Aspen – Lumberyard Affordable Housing Phase 0 Project 2024-341 … Dynamic Program Management P.O. Box 726 Eagle. CO 81631 … CTA, Inc., DBA Cushing Terrell 1700 Broadway, Suite 1200 Denver, CO 80290 PAGE 2 [ X ]A date set forth in a notice to proceed issued by the Owner. PAGE 3 5/31/2025 … [ X ]By the following date: 5/31/2025 … [ X ]Cost of the Work plus the Contractor’s Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below PAGE 4 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 25 Additions and Deletions Report for AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 2 § 4.3 Cost of the Work Plus Contractor’s Fee without a Guaranteed Maximum Price § 4.3.1 The Cost of the Work is as defined in Exhibit B, Determination of the Cost of the Work. § 4.3.2 The Contractor’s Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee.) § 4.3.3 The method of adjustment of the Contractor’s Fee for changes in the Work: § 4.3.4 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: § 4.3.5 Rental rates for Contractor-owned equipment shall not exceed percent ( %) of the standard rental rate paid at the place of the Project. § 4.3.6 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.3.7 The Contractor shall prepare and submit to the Construction Manager, within 14 days of executing this Agreement, a written Control Estimate for the Owner’s review and approval. The Control Estimate shall include the items in Section B.1 of Exhibit B, Determination of the Cost of the Work. … Lumberyard Affordable Housing Project Phase 0.1 Item Fees 1- Abatement, Deconstruction & Demolition GMP $2,968,767.00 2- CM/GC Pre Construction Services $ 62,320.00 Total: $3,031,087.00 Billing Rates: General Laborer - $50/Hour Carpenter - $64/Hour Senior Project Manager - $130/Hour Project Manager - $120/Hour Assistant Project Manager - $75/Hour Senior Superintendent - $120/Hour Superintendent - $100/Hour Project Engineer - $95/Hour General Conditions ($310,000), which include Surety, insurance, overhead and profit are included in the Abatement, Deconstruction & Demolition GMP total ($2,968,767.00) Change Order Fees – 15% maximum PAGE 5 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 26 Additions and Deletions Report for AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 3 Refer to AIA Document A232-2019 General Conditions of the Contract for Construction – Article 7 – Changes in the Work. … Refer to AIA Document A232-2019 General Conditions of the Contract for Construction – Article 7 – Changes in the Work. … Setup, Install & 6 month Rental Sound Wall Exc, Haul, Dispose Contaminated Soils Exc, Haul, Dispose Soils @ Fuel Center $467,500.00 $98,884.00 $18,575.00 PAGE 6 None … None … Refer to AIA Document A232-2019 General Conditions of the Contract for Construction Article 9 – Payments and Completion § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 5th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 30th day of the same month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment of the amount certified shall be made by the Owner not later than ( 25 ) days after the Construction Manager receives the Application for Payment. PAGE 7 § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price § 5.1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required in Exhibit B, Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices, or invoices with check vouchers attached, and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor, plus payrolls for the period covered by the present Application for Payment, less that portion of the payments attributable to the Contractor’s Fee. § 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. § 5.1.5.3 In accordance with AIA Document A232-2019 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.5.3.1 The amount of each progress payment shall first include: .1 The Cost of the Work as described in Exhibit B, Determination of the Cost of the Work; .2 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified; and .3 The Contractor’s Fee computed upon the Cost of the Work described in the preceding Section 5.1.5.3.1.1 at the rate stated in Section 4.3.2; or if the Contractor’s Fee is stated as a fixed sum Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 27 Additions and Deletions Report for AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 4 in Section 4.3.2 an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work included in Section 5.1.5.3.1.1 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 5.1.5.3.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A232–2019; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A232–2019; .5 The shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.5.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and .6 Retainage withheld pursuant to Section 5.1.7. § 5.1.5.4 The Owner, Construction Manager and Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors and the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.5 In taking action on the Contractor’s Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor, and such action shall not be deemed to be a representation that (1) the Construction Manager and Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Article 5 or other supporting data; (2) that the Construction Manager and Architect have made exhaustive or continuous on-site inspections; or (3) that the Construction Manager and Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner. § 5.1.5.6 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.5.7 If final completion of the Work is materially delayed through no fault of the Contractor, then the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A232-2019. PAGE 9 5% Retainage for Demo GMP to be paid upon completion of Demo GMP. Retention for Phase o to be negotiated. … Insurance, performance bonds, payment bonds, and 2 year warranty bonds … § 5.1.7.3 Except as set forth in this Section 5.1.7.3, when the Work of this Contract is substantially complete, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted when the Work of this Contract is substantially complete shall not include retainage as follows: (Insert any other conditions for release of retainage when the Work of this Contract is substantially complete, or upon Substantial Completion of the Work of all Contractors on the Project or portions thereof.) PAGE 10 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 28 Additions and Deletions Report for AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 5 § 5.2.1 Final Payment Where the Contract Sum is Based on a Stipulated Sum § 5.2.1.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A232–2019, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect. § 5.2.1.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: … [ ]Arbitration pursuant to Article 15 of AIA Document A232–2019. [ ]Litigation in a court of competent jurisdiction.X ]Litigation in the District Court for Pitkin County, Colorado.. [ ]Other: (Specify) PAGE 11 § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232–2019. § 7.1.1.1 If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of AIA Document A232–2019, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination for the Owner’s convenience.) § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232–2019. … .4 Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA Document A232–2019. … § 7.2.1.2.3 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 7.2.1.2.1.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Contractor will contain provisions allowing for assignment to the Owner as described above. Contractor shall not be liable for any negligence of subcontractors of assigned contracts for work occurring after termination. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 29 Additions and Deletions Report for AIA Document A132 – 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 6 … 2.5% of unbilled remaining contract value PAGE 12 § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A232–2019, may be given in accordance with a building information modeling exhibit, AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with a building information modeling exhibit, AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) … § 8.8.1 Full appropriation by Owner. The amount of money appropriated for the Work is equal to, or in excess of, the contract amount. This Agreement prohibits the issuance of any change order or other directive requiring additional compensable work that would cause the total amount payable under the contract to exceed the amount appropriated, unless the Contractor is given written assurance by the Owner that lawful appropriations to cover the costs of the additional work have been made or the Work is covered under a remedy-granting provision in this agreement § 8.8.2 Force Majure The time during which Contractor is delayed in said work by (a) the acts of Owner or its agents or employees or those under Contract with or permission from Owner, or (b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated and unforeseeable weather that in fact delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome, or (e) any delay caused in whole, or in part, by acts or omissions within the control of Owner pursuant to C.R.S. § 24-91-103.5, shall be added to the time for completion of the work by a fair and reasonable allowance which shall be documented in a Change Order (defined above). Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement weather conditions are common and this fact has been considered by Contractor as an anticipated and foreseeable condition in preparing its Bid and agreeing to the Project Schedule and Completion Date. PAGE 13 .4 Building Information Modeling Exhibit, if completed: … Construction Documents Phase 0: Deconstruction, Demolition, Site Grading & Public Infrastructure 7/26/2024 … 1. Gould GMP Rev 3 2. Gould Pre Con GMP 3. Gould Demo Schedule 10/8/2024 9/12/2024 10/8/2024 2 1 1 … [ X ]AIA Document A132™–2019, Exhibit B, Determination of the Cost of the Work Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 30 AIA Document D401 – 2003. Copyright © 1992 and 2003. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:07:34 MT on 10/16/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (926172984) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:07:34 MT on 10/16/2024 under Order No. 4104244733 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A132™ – 2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 31 Document A132® – 2019 Exhibit A Insurance and Bonds Init. / AIA Document A132 – 2019 Exhibit A. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:46:04 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1802530872) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Document A232™–2019, General Conditions of the Contract for Construction. Article 11 of A232™–2019 contains additional insurance provisions This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Contractor, dated the day of in the year (In words, indicate day, month, and year.) for the following PROJECT: (Name and location or address) City of Aspen – Lumberyard Affordable Housing Phase 0 Project 2024-341 THE OWNER: (Name, legal status, and address) City of Aspen 427 Rio Grande Place Aspen, CO 81611 THE CONTRACTOR: (Name, legal status, and address) Gould Construction, Inc. P.O. Box 130 Glenwood Springs, CO 81602 TABLE OF ARTICLES A.1 GENERAL A.2 OWNER’S INSURANCE A.3 CONTRACTOR’S INSURANCE AND BONDS A.4 SPECIAL TERMS AND CONDITIONS ARTICLE A.1 GENERAL The Owner and Contractor shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to AIA Document A232™–2019, General Conditions of the Contract for Construction. ARTICLE A.2 OWNER’S INSURANCE § A.2.1 General Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Article A.2 and, upon the Contractor’s request, provide a copy of the property insurance policy or policies required by Section A.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. § A.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insurance. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 32 Init. / AIA Document A132 – 2019 Exhibit A. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:46:04 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1802530872) 2 § A.2.3 Required Property Insurance § A.2.3.1 Unless this obligation is placed on the Contractor pursuant to Section A.3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder’s risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner’s property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section A.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Contractor, Subcontractors, and Sub-subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. § A.2.3.1.1 Causes of Loss. The insurance required by this Section A.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub-limits, if any, are as follows: (Indicate below the cause of loss and any applicable sub-limit.) Causes of Loss Sub-Limit § A.2.3.1.2 Specific Required Coverages. The insurance required by this Section A.2.3.1 shall provide coverage for loss or damage to false work and other temporary structures, and to building systems from testing and startup. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect’s, Construction Manager’s, and Contractor’s services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-limits, if any, are as follows: (Indicate below type of coverage and any applicable sub-limit for specific required coverages.) Coverage Sub-Limit § A.2.3.1.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section A.2.3.1 or, if necessary, replace the insurance policy required under Section A.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 12.2.2 of the General Conditions. § A.2.3.1.4 Deductibles and Self-Insured Retentions. If the insurance required by this Section A.2.3 is subject to deductibles or self-insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. § A.2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner’s occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section A.2.3.1 have consented in writing to the continuance of coverage. The Owner and the Contractor shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing. § A.2.3.3 Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure against direct physical loss or damage from the causes of loss identified in Section A.2.3.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. § A.2.4 Optional Extended Property Insurance. The Owner shall purchase and maintain the insurance selected and described below. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 33 Init. / AIA Document A132 – 2019 Exhibit A. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:46:04 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1802530872) 3 (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. For each type of insurance selected, indicate applicable limits of coverage or other conditions in the fill point below the selected item.) [ X ]§ A.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner’s property, or the inability to conduct normal operations due to a covered cause of loss. [ X ]§ A.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project. [ ]§ A.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage to insured property, and to expedite the permanent repair or replacement of the damaged property. [ X ]§ A.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. [ ] [ ] [ X ] (Paragraphs deleted) § A.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses. § A.2.5 Other Optional Insurance. The Owner shall purchase and maintain the insurance selected below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance.) Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 34 Init. / AIA Document A132 – 2019 Exhibit A. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:46:04 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1802530872) 4 Coverage Limits (Paragraphs deleted) ARTICLE A.3 CONTRACTOR’S INSURANCE AND BONDS § A.3.1 General § A.3.1.1 Certificates of Insurance. The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article A.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner’s written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section A.3.2.1 and Section A.3.3.1. The certificates will show the Owner as an additional insured on the Contractor’s Commercial General Liability and excess or umbrella liability policy or policies. § A.3.1.2 Deductibles and Self-Insured Retentions. The Contractor shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Contractor. § A.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Contractor shall cause the commercial general liability coverage to include (1) the Owner, the Architect and the Architect’s consultants, and the Construction Manager and the Construction Manager’s consultants, as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner’s general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Architect and the Architect’s consultants, and the Construction Manager and the Construction Manager’s consultants, CG 20 32 07 04. § A.3.2 Contractor’s Required Insurance Coverage § A.3.2.1 The Contractor shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Contractor is required to maintain insurance for a duration other than the expiration of the period for correction of Work, state the duration.) § A.3.2.2 Commercial General Liability § A.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than two million dollars ($ 2,000,000 ) each occurrence, four million dollars ($ 4,000,000 ) general aggregate, and four million dollars ($ 4,000,000 ) aggregate for products-completed operations hazard, providing coverage for claims including .1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; .2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations; and .5 the Contractor’s indemnity obligations under Section 3.18 of the General Conditions. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 35 Init. / AIA Document A132 – 2019 Exhibit A. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:46:04 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1802530872) 5 § A.3.2.2.2 The Contractor’s Commercial General Liability policy under this Section A.3.2.2 shall not contain an exclusion or restriction of coverage for the following: .1 Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. .2 Claims for property damage to the Contractor’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. .3 Claims for bodily injury other than to employees of the insured. .4 Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees of the insured. .5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language. .6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. .7 Claims related to residential, multi-family, or other habitational projects, if the Work is to be performed on such a project. .8 Claims related to roofing, if the Work involves roofing. .9 Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces. .10 Claims related to earth subsidence or movement, where the Work involves such hazards. .11 Claims related to explosion, collapse and underground hazards, where the Work involves such hazards. § A.3.2.3 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than two million dollars ($ 2,000,000 ) per accident and TWO MILLION DOLLARS ($2,000,000.00) aggregate, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. § A.3.2.4 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section A.3.2.2 and A.3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § A.3.2.5 Workers’ Compensation at statutory limits. § A.3.2.6 Employers’ Liability with policy limits not less than ($ ) each accident, ($ ) each employee, and ($ ) policy limit. § A.3.2.7 Jones Act, and the Longshore & Harbor Workers’ Compensation Act, as required, if the Work involves hazards arising from work on or near navigable waterways, including vessels and docks § A.3.2.8 If the Contractor is required to furnish professional services as part of the Work, the Contractor shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § A.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Contractor shall procure Pollution Liability insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § A.3.2.10 Coverage under Sections A.3.2.8 and A.3.2.9 may be procured through a Combined Professional Liability and Pollution Liability insurance policy, with combined policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § A.3.2.11 Insurance for maritime liability risks associated with the operation of a vessel, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § A.3.2.12 Insurance for the use or operation of manned or unmanned aircraft, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 36 Init. / AIA Document A132 – 2019 Exhibit A. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:46:04 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1802530872) 6 § A.3.3 Contractor’s Other Insurance Coverage § A.3.3.1 Insurance selected and described in this Section A.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Contractor is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of Work, state the duration.) § A.3.3.2 The Contractor shall purchase and maintain the following types and limits of insurance in accordance with Section A.3.3.1. [ ] (Paragraphs deleted) § A.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos-containing materials. [ X ]§ A.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an "all-risks" completed value form. [ ] [ ]§ A.3.3.2.6 Other Insurance (List below any other insurance coverage to be provided by the Contractor and any applicable limits.) Coverage Limits § A.3.4 Performance Bond and Payment Bond The Contractor shall provide surety bonds, from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located, as follows: (Specify type and penal sum of bonds.) Type Penal Sum ($0.00) Payment Bond 100% of contract amount Performance Bond 2 Year Warranty Bond 100% of contract amount 100% of contract amount Payment and Performance Bonds shall be AIA Document A312™, Payment Bond and Performance Bond, or contain provisions identical to AIA Document A312™, current as of the date of this Agreement. ARTICLE A.4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows: Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 37 Additions and Deletions Report for AIA® Document A132® – 2019 Exhibit A This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:46:04 MT on 10/15/2024. Additions and Deletions Report for AIA Document A132 – 2019 Exhibit A. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:46:04 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1802530872) 1 PAGE 1 City of Aspen – Lumberyard Affordable Housing Phase 0 Project 2024-341 … City of Aspen 427 Rio Grande Place Aspen, CO 81611 … Gould Construction, Inc. P.O. Box 130 Glenwood Springs, CO 81602 PAGE 3 [ X ]§ A.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner’s property, or the inability to conduct normal operations due to a covered cause of loss. … [ X ]§ A.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project. … [ X ]§ A.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. … [ ] [ ] Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 38 Additions and Deletions Report for AIA Document A132 – 2019 Exhibit A. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:46:04 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1802530872) 2 [ X ]§ A.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting access to the Project, provided such order is the direct result of physical damage covered under the required property insurance. [ ]§ A.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interruption of the insured’s business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage. [ ]§ A.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses. … [ ] PAGE 4 Coverage Limits § A.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information. (Indicate applicable limits of coverage or other conditions in the fill point below.) [ ]§ A.2.5.2 Other Insurance (List below any other insurance coverage to be provided by the Owner and any applicable limits.) Coverage Limits … § A.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than two million dollars ($ 2,000,000 ) each occurrence, four million dollars ($ 4,000,000 ) general aggregate, and four million dollars ($ 4,000,000 ) aggregate for products-completed operations hazard, providing coverage for claims including PAGE 5 § A.3.2.3 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than ($ ) per accident, two million dollars ($ 2,000,000 ) per accident and TWO MILLION DOLLARS ($2,000,000.00) aggregate, 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. PAGE 6 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 39 Additions and Deletions Report for AIA Document A132 – 2019 Exhibit A. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:46:04 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1802530872) 3 (Select the types of insurance the Contractor is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fill point.) … [ ]§ A.3.3.2.1 If there is only one Contractor performing the Work on the Project, property insurance of the same type and scope satisfying the requirements identified in Section A.2.3, which, if selected in this section A.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section A.2.3.1.3 and Section A.2.3.3. The Contractor shall comply with all obligations of the Owner under Section A.2.3 except to the extent provided below. The Contractor shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Contractor shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below: (Where the Contractor’s obligation to provide property insurance differs from the Owner’s obligations as described under Section A.2.3, indicate such differences in the space below. Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below.) [ ]§ A.3.3.2.2 Railroad Protective Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for Work within fifty (50) feet of railroad property. [ ]§ A.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos-containing materials. [ X ]§ A.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an "all-risks" completed value form. [ ] [ ]§ A.3.3.2.5 Property insurance on an "all-risks" completed value form, covering property owned by the Contractor and used on the Project, including scaffolding and other equipment. [ ]§ A.3.3.2.6 Other Insurance … Payment Bond 100% of contract amount Performance Bond 2 Year Warranty Bond 100% of contract amount 100% of contract amount Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 40 Document A132® – 2019 Exhibit B Determination of the Cost of the Work Init. / AIA Document A132 – 2019 Exhibit B (formerly A132™ – 2009 Exhibit A). Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:30:58 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1767002674) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; B132™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232™–2019 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. for the following Project: (Name, location, and brief description) City of Aspen – Lumberyard Affordable Housing Phase 0 Project 2024-341 THE OWNER: (Name, legal status, address, and other information) City of Aspen 427 Rio Grande Place Aspen, CO 81611 THE CONTRACTOR: (Name, legal status, address, and other information) Gould Construction, Inc. P.O. Box 130 Glenwood Springs, CO 81602 THE CONSTRUCTION MANAGER: (Name, legal status, address, and other information) Dynamic Program Management P.O. Box 726 Eagle. CO 81631 THE ARCHITECT: (Name, legal status, address, and other information) CTA, Inc., DBA Cushing Terrell 1700 Broadway, Suite 1200 Denver, CO 80290 ARTICLE B.1 CONTROL ESTIMATE (Paragraphs deleted) § Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 41 Init. / AIA Document A132 – 2019 Exhibit B (formerly A132™ – 2009 Exhibit A). Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:30:58 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1767002674) 2 ARTICLE B.2 COSTS TO BE REIMBURSED § B.2.1 Cost of the Work § B.2.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. The Cost of the Work shall include only the items set forth in this Article B.2. § B.2.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner’s prior approval, the Contractor shall obtain such approval in writing prior to incurring the cost. § B.2.1.3 Costs shall be at rates not higher than the standard paid at the place of the Project, except with prior approval of the Owner. § B.2.2 Labor Costs § B.2.2.1 Wages or salaries of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner’s prior approval, at off-site workshops. § B.2.2.2 Wages or salaries of the Contractor’s supervisory and administrative personnel when stationed at the site and performing Work, with the Owner’s prior approval. § B.2.2.2.1 Wages or salaries of the Contractor’s supervisory and administrative personnel when performing Work and stationed at a location other than the site, but only for that portion of time required for the Work, and limited to the personnel and activities listed below: (Identify the personnel, type of activity and, if applicable, any agreed upon percentage of time to be devoted to the Work.) § B.2.2.3 Wages or salaries of the Contractor’s supervisory or administrative personnel engaged at factories or workshops, or while traveling, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § B.2.2.4 Costs paid or incurred by the Contractor, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments, and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections B.2.2.1 through B.2.2.3. § B.2.2.5 If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain unchanged throughout the duration of this Agreement, unless the parties execute a Modification. § B.2.3 Subcontract Costs Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. § B.2.4 Costs of Materials and Equipment Incorporated in the Completed Construction § B.2.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. § B.2.4.2 Costs of materials described in the preceding Section B.2.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner’s property at the completion of the Work or, at the Owner’s option, shall be sold by the Contractor. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § B.2.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § B.2.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment, and tools that are not fully consumed, shall be based on the cost or value Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 42 Init. / AIA Document A132 – 2019 Exhibit B (formerly A132™ – 2009 Exhibit A). Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:30:58 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1767002674) 3 of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Contractor shall mean fair market value. § B.2.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and the costs of transportation, installation, dismantling, minor repairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rates and quantities of equipment owned by the Contractor, or a related party as defined in Section B.2.8, shall be subject to the Owner’s prior approval. The total rental cost of any such equipment may not exceed the purchase price of any comparable item. § B.2.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § B.2.5.4 Costs of the Contractor’s site office, including general office equipment and supplies. § B.2.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior approval. § B.2.6 Miscellaneous Costs § B.2.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § B.2.6.1.1 Costs for self-insurance, for either full or partial amounts of the coverages required by the Contract Documents, with the Owner’s prior approval. § B.2.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Contractor, with the Owner’s prior approval. § B.2.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which the Contractor is liable. § B.2.6.3 Fees and assessments for the building permit, and for other permits, licenses, and inspections, for which the Contractor is required by the Contract Documents to pay. § B.2.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A232™–2019, or by other provisions of the Contract Documents, and which do not fall within the scope of Section B.2.7.3. § B.2.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § B.2.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Contractor resulting from such suits or claims, and payments of settlements made with the Owner’s consent, unless the Contractor had reason to believe that the required design, process, or product was an infringement of a copyright or a patent, and the Contractor failed to promptly furnish such information to the Architect, as required by Article 3 of AIA Document A232™–2019. The costs of legal defenses, judgments, and settlements, shall not be included in the Cost of the Work used to calculate the Contractor’s Fee or subject to the Guaranteed Maximum Price. § B.2.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner’s prior approval. § B.2.6.7 Costs of document reproductions and delivery charges. § B.2.6.8 Deposits lost for causes other than the Contractor’s negligence or failure to fulfill a specific responsibility in the Contract Documents. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 43 Init. / AIA Document A132 – 2019 Exhibit B (formerly A132™ – 2009 Exhibit A). Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:30:58 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1767002674) 4 § B.2.6.9 Legal, mediation, and arbitration costs, including attorneys’ fees, other than those arising from disputes between the Owner and Contractor, reasonably incurred by the Contractor after the execution of this Agreement in the performance of the Work and with the Owner’s prior approval, which shall not be unreasonably withheld. § B.2.6.10 Expenses incurred in accordance with the Contractor’s standard written personnel policy for relocation and temporary living allowances of the Contractor’s personnel required for the Work, with the Owner’s prior approval. § B.2.6.11 That portion of the reasonable expenses of the Contractor’s supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § B.2.7 Other Costs and Emergencies § B.2.7.1 Other costs incurred in the performance of the Work, with the Owner’s prior approval. § B.2.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of persons and property as provided in article 10 of AIA Document A232-2019. § B.2.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Contractor, Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by negligence of, or failure to fulfill a specific responsibility by, the Contractor, and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance, sureties, Subcontractors, suppliers, or others. § B.2.8 Related Party Transactions § B.2.8.1 For purposes of this Section B.2.8, the term "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Contractor; (2) any entity in which any stockholder in, or management employee of, the Contractor holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Contractor; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Contractor. § B.2.8.2 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party, the Contractor shall notify the Owner and the Construction Manager of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Contractor shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article B.5. If the Owner fails to authorize the transaction in writing, the Contractor shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article B.5. ARTICLE B.3 COSTS NOT TO BE REIMBURSED § B.3.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Contractor’s personnel stationed at the Contractor’s principal office or offices other than the site office, except as specifically provided in Section B.2.2.2; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Contractor or paid to any Subcontractor or vendor, unless the Owner has provided prior approval; .3 Expenses of the Contractor’s principal office and offices other than the site office; .4 Overhead and general expenses, except as may be expressly included in Article B.2; .5 The Contractor’s capital expenses, including interest on the Contractor’s capital employed for the Work; .6 Except as provided in Section B.2.7.3 of this Agreement, costs due to the negligence of, or failure to fulfill a specific responsibility of the Contract by, the Contractor, Subcontractors, and suppliers, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Article B.2; and .8 Where a Guaranteed Maximum Price is part of the Agreement, costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 44 Init. / AIA Document A132 – 2019 Exhibit B (formerly A132™ – 2009 Exhibit A). Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:30:58 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1767002674) 5 ARTICLE B.4 DISCOUNTS, REBATES AND REFUNDS § B.4.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; otherwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials, and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be obtained. § B.4.2 Amounts that accrue to the Owner in accordance with Section B.4.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE B.5 SUBCONTRACTS AND OTHER AGREEMENTS § B.5.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor’s own personnel shall be performed under subcontracts or other appropriate agreements with the Contractor. The Owner may designate specific persons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Contractor shall deliver such bids to the Construction Manager, Architect, and Owner, with an indication as to which bids the Contractor intends to accept. The Owner then has the right to review the Contractor’s list of proposed subcontractors and suppliers and, in consultation with the Construction Manager and Architect, object to any subcontractor or supplier. Any advice of the Construction Manager or Architect, or approval or objection by the Owner, shall not relieve the Contractor of its responsibility to perform the Work in accordance with the Contract Documents. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. § B.5.2 When a Contractor has provided a Guaranteed Maximum Price, and a specific subcontractor or supplier (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § B.5.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of cost-plus a fee, the Contractor shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Contractor in Article B.6, below. § B.5.4 Where the Contract Sum is based upon the Cost of the Work Plus a Fee without a Guaranteed Maximum Price, the Contractor shall prepare, for the Construction Manager and Architect’s review and the Owner’s acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Contractor shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the Owner’s approval of the Control Estimate, the Owner shall procure the items on terms and conditions acceptable to the Contractor. Upon the Owner’s approval of the Control Estimate, the Owner shall assign all contracts for these items to the Contractor and the Contractor shall thereafter accept responsibility for them. ARTICLE B.6 ACCOUNTING RECORDS § B.6.1 The Contractor shall keep full and detailed records and accounts related to the Cost of the Work, and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner and the Construction Manager. The Owner and the Owner’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Contractor’s records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, Subcontractor’s invoices, purchase orders, vouchers, memoranda, and other data relating to Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 45 Init. / AIA Document A132 – 2019 Exhibit B (formerly A132™ – 2009 Exhibit A). Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:30:58 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1767002674) 6 this Contract. The Contractor shall preserve these records, for a period of three years after final payment, or for such longer period as may be required by law. § B.6.2 When the Contractor believes that all the Work required by the Agreement has been fully performed, the Contractor shall deliver to the Owner, through the Construction Manager, a final accounting of the Cost of the Work. § B.6.3 Within 30 days after the Owner’s receipt of the Contractor’s final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Construction Manager and Architect that it will not conduct an audit. § B.6.3.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditor’s findings to the Construction Manager and Architect. § B.6.3.2 Within seven days after receipt of the written report described in Section B.6.3.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 5.2 of the Agreement have been met, the Architect will either issue to the Owner, through the Construction Manager, a final Certificate for Payment, with a copy to the Contractor, or notify the Contractor, Construction Manager, and Owner, in writing, of the Architect’s reasons for withholding a certificate as provided in Article 9 of AIA Document A232-2019. The time periods stated in this Section B.6.3.2 supersede those stated in Article 9 of AIA Document A232-2019. Neither the Architect, nor the Construction Manager, is responsible for verifying the accuracy of the Contractor’s final accounting. § B.6.3.3 If the Owner’s auditors’ report concludes that the Cost of the Work, as substantiated by the Contractor’s final accounting, is less than claimed by the Contractor, the Contractor shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A232-2019. A request for mediation shall be made by the Contractor within 30 days after the Contractor’s receipt of a copy of the final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on the Contractor. Pending a final resolution of the disputed amount, the Owner shall pay the Contractor the amount certified in the final Certificate for Payment. § B.6.4 If, subsequent to final payment, and at the Owner’s request, the Contractor incurs costs, described in Article B.2, and not excluded by Article B.3, to correct defective or nonconforming Work, the Owner shall reimburse the Contractor for such costs and the Contractor’s Fee applicable thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price, if any. If adjustments to the Contract Sum are provided for in Section 4.6 of the Agreement, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section B.6.4 in determining the net amount to be paid by the Owner to the Contractor. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 46 Additions and Deletions Report for AIA® Document A132® – 2019 Exhibit B This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:30:58 MT on 10/15/2024. Additions and Deletions Report for AIA Document A132 – 2019 Exhibit B (formerly A132™ – 2009 Exhibit A). Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:30:58 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1767002674) 1 PAGE 1 City of Aspen – Lumberyard Affordable Housing Phase 0 Project 2024-341 … City of Aspen 427 Rio Grande Place Aspen, CO 81611 … Gould Construction, Inc. P.O. Box 130 Glenwood Springs, CO 81602 … Dynamic Program Management P.O. Box 726 Eagle. CO 81631 … CTA, Inc., DBA Cushing Terrell 1700 Broadway, Suite 1200 Denver, CO 80290 … § B.1.1 Where the Contract Sum is based on the Cost of the Work, plus the Contractor’s Fee without a Guaranteed Maximum Price pursuant to Section 4.1 of the Agreement, the Contractor shall prepare and submit to the Construction Manager, within 14 days of executing this Agreement, a written Control Estimate, for the Owner’s review and acceptance. The Control Estimate shall include the estimated Cost of the Work plus the Contractor’s Fee. The Control Estimate shall be used to monitor actual costs and the timely performance of the Work. The Contractor shall update the Control Estimate with each Application for Payment as needed to reflect Changes in the Work. § B.1.2 The Control Estimate shall include .1 the documents enumerated in Article 1 of the Agreement, including all Modifications thereto; .2 a list of the assumptions made by the Contractor in the preparation of the Control Estimate, including assumptions under B.1.4, to supplement the information provided by the Owner and contained in the Contract Documents; Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 47 Additions and Deletions Report for AIA Document A132 – 2019 Exhibit B (formerly A132™ – 2009 Exhibit A). Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:30:58 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1767002674) 2 .3 a statement of the estimated Cost of the Work organized by trade categories or systems and the Contractor’s Fee; .4 schedules, upon which the Control Estimate is based, indicating proposed Subcontractors, activity sequences and durations, milestone dates for receipt and approval of pertinent information, schedule of shop drawings and samples, procurement and delivery of materials or equipment, and the Owner’s occupancy requirements; and .5 contingencies for further development of design and construction as required by Section B.1.4. § B.1.3 The Contractor shall meet with the Owner and Construction Manager to review the Control Estimate. In the event that the Owner or Construction Manager discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Contractor, who shall make appropriate adjustments to the Control Estimate. When the Control Estimate is acceptable to the Owner, the Owner shall acknowledge it in writing. The Owner’s acceptance of the Control Estimate does not imply that the Control Estimate constitutes a Guaranteed Maximum Price. § B.1.4 To the extent that the Contract Documents are anticipated to require further development, the Contractor shall provide in the Control Estimate for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated in a revised Control Estimate by mutual agreement of the parties. § B.1.5 The Contractor shall develop and implement a detailed system of cost control that will provide the Owner and Construction Manager with timely information as to the anticipated total Cost of the Work. The cost control system shall compare the Control Estimate with the actual cost for activities in progress and estimates for uncompleted tasks and proposed changes. This information shall be reported to the Owner in writing, through the Construction Manager, no later than the Contractor’s first Application for Payment and shall be revised and submitted with each Application for Payment. § B.1.6 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions contained in the Control Estimate. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner, Architect, and Construction Manager of any inconsistencies between the Control Estimate and the revised Contract Documents. § Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 48 Document A232® – 2019 General Conditions of the Contract for Construction, Construction Manager as Adviser Edition Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A132™–2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; B132™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. for the following PROJECT: (Name, and location or address) City of Aspen – Lumberyard Affordable Housing Phase 0 Project 2024-341 THE CONSTRUCTION MANAGER: (Name, legal status, and address) Dynamic Program Management P.O. Box 726 Eagle. CO 81631 THE OWNER: (Name, legal status, and address) City of Aspen 427 Rio Grande Place Aspen, CO 81611 THE ARCHITECT: (Name, legal status, and address) CTA, Inc., DBA Cushing Terrell 1700 Broadway, Suite 1200 Denver, CO 80290 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 49 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 2 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT AND CONSTRUCTION MANAGER 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 50 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 3 ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents. The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of addenda relating to bidding or proposal requirements. § 1.1.2 The Contract. The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and the Construction Manager or the Construction Manager’s consultants, (3) between the Owner and the Architect or the Architect’s consultants, (4) between the Contractor and the Construction Manager or the Construction Manager’s consultants, (5) between the Owner and a Subcontractor or Sub-subcontractor (6) between the Construction Manager and the Architect, or (7) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties. § 1.1.3 The Work. The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors, and by the Owner’s own forces and Separate Contractors. § 1.1.5 Contractors. Contractors are persons or entities, other than the Contractor or Separate Contractors, who perform Work under contracts with the Owner that are administered by the Architect and Construction Manager. § 1.1.6 Separate Contractors. Separate Contractors are persons or entities who perform construction under separate contracts with the Owner not administered by the Architect and Construction Manager. § 1.1.7 The Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.8 The Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.9 Instruments of Service. Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.10 Initial Decision Maker. The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 51 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 4 § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents 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 Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Contract. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 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 retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, sub-subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect’s consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. 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 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 52 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 5 Aspen, Colorado 81611 With a copy to: James R. True, Esq. City Attorney 427 Rio Grande Place Aspen, Colorado 81611 A copy of the notice shall also be delivered via email to Markjr@Gouldconstruction.com § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form (Paragraphs deleted) ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is a municipal entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, the Construction Manager and the Architect do not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. The Owner designates Ben Levenson. A change or representative shall be provided in writing as provided in §1.6.1. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein. § 2.2 Evidence of the Owner’s Financial Arrangements § 2.2.1 Prior to commencement of the Work, and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements including full appropriation of as set forth in § 8.8.1 Standard Form of Agreement to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor’s request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. Owner may not rescind any appropriation for the Work without the written consent of the Contractor. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 53 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 6 § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose "confidential" information, after seven (7) days’ notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Unless otherwise provided under the Contract Documents, the Owner, assisted by the Construction Manager, shall secure and pay for the building permit. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 The Owner shall retain a construction manager adviser lawfully practicing construction management in the jurisdiction where the Project is located. That person or entity is identified as the Construction Manager in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.4 If the employment of the Construction Manager or Architect terminates, the Owner shall employ a successor construction manager or architect to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Construction Manager or Architect, respectively. § 2.3.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.6 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.3.7 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3.8 The Owner shall forward all communications to the Contractor through the Construction Manager. Other communication shall be made as set forth in Section 4.2.6. § 2.4 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.5 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 54 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 7 correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to review by the Construction Manager and prior approval of the Architect, and the Construction Manager or Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Construction Manager’s and Architect’s and their respective consultants’ additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Construction Manager or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.5, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Construction Manager and Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information submitted to the Construction Manager in such form as the Construction Manager and Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Construction Manager and Architect any nonconformity discovered by or made known to the Contractor as a request for information submitted to Construction Manager in such form as the Construction Manager and Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 55 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 8 § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner, the Construction Manager, and the Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. The Construction Manager shall review the proposed alternative for sequencing, constructability, and coordination impacts on the other Contractors. Unless the Architect or the Construction Manager objects to the Contractor’s proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of the Project already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect, in consultation with the Construction Manager, and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants for a period of __2 years_____ to the Owner, Construction Manager, and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 56 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 9 § 3.7 Permits, Fees, Notices, and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Owner, assisted by the Construction Manager, shall secure and pay for the building permit. The Contractor shall secure and pay for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise latent or concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner, Construction Manager, and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect and Construction Manager will promptly investigate such conditions and, if the Architect, in consultation with the Construction Manager, determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect, in consultation with the Construction Manager, determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner, Construction Manager, and Contractor, stating the reasons. If the Owner or Contractor disputes the Architect’s determination or recommendation, either party may submit a Claim as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner, Construction Manager, and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 57 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 10 § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect, through the Construction Manager, of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Construction Manager may notify the Contractor, stating whether the Owner, the Construction Manager, or the Architect (1) has reasonable objection to the proposed superintendent or (2) require additional time for review. Failure of the Construction Manager to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner, Construction Manager, or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor’s Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Architect’s information, and the Construction Manager’s use in developing the Project schedule, a Contractor’s construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor’s Work to avoid conflict with, and as to cause no delay in, the work or activities of other Contractors, or the construction or operations of the Owner’s own forces or Separate Contractors. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Construction Manager’s and Architect’s approval. The Architect and Construction Manager’s approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Construction Manager and Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall participate with other Contractors, the Construction Manager, and the Owner in reviewing and coordinating all schedules for incorporation into the Project schedule that is prepared by the Construction Manager. The Contractor shall make revisions to the construction schedule and submittal schedule as deemed necessary by the Construction Manager to conform to the Project schedule. § 3.10.4 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner, Construction Manager, and Architect, and incorporated into the approved Project schedule. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Construction Manager, Architect, and Owner, and delivered to the Construction Manager for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data, and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 58 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 11 § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect and Construction Manager is subject to the limitations of Sections 4.2.10 through 4.2.12. Informational submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Construction Manager or Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Construction Manager, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the Project submittal schedule approved by the Construction Manager and Architect or, in the absence of an approved Project submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of other Contractors, Separate Contractors, or the Owner’s own forces. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor’s Shop Drawings, Product Data, Samples, and similar submittals with related documents submitted by other Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner, Construction Manager, and Architect, that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been reviewed and approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Construction Manager and Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous submittals. In the absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 59 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 12 other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner, the Architect, and the Construction Manager shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Construction Manager shall review submittals for sequencing, constructability, and coordination impacts on other Contractors. § 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Construction Manager and Architect at the time and in the form specified by the Architect. § 3.13 Use of Site § 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and necessary tostore materials or equipment to be used in the Work. § 3.13.2 The Contractor shall coordinate the Contractor’s operations with, and secure the approval of, the Construction Manager before using any portion of the site. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner, Separate Contractors, or of other Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner, Separate Contractors, or by other Contractors except with written consent of the Construction Manager, Owner, and such other Contractors or Separate Contractors. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Separate Contractors, other Contractors, or the Owner, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner, or Construction Manager with the Owner’s approval, may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner, Construction Manager, and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner, Construction Manager, and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner, Architect, or Construction Manager. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect through the Construction Manager. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 60 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 13 § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Construction Manager, Architect, Construction Manager’s and Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts, or other employee benefit acts. § 3.18.3 Contractor 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 Contractor any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of any workmen’s compensation claim of any employee of the Contractor or of any employee of any subcontractor of the Contractor. The extent of the Contractor’s obligation to indemnify or hold harmless any indemnity obligee may be determined only after the Contractor ’s liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the Contractor and the indemnity obligee. The Contractor’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 Contractor 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 Contractor also owes a duty to indemnify the City of Aspen. The City of Aspen’s indemnity shall also be prorated to reflect its percentage of fault in the same manner as Contractor’s, above to the extent allowed by law. ARTICLE 4 ARCHITECT AND CONSTRUCTION MANAGER § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 The Construction Manager is the person or entity retained by the Owner pursuant to Section 2.3.3 and identified as such in the Agreement. § 4.1.3 Duties, responsibilities, and limitations of authority of the Construction Manager and Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Construction Manager, Architect, and Contractor. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents and will be the Owner’s representatives during construction until the date the Architect issues the final Certificate for Payment. The Construction Manager and Architect will have authority to act on behalf of the Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 61 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 14 Owner only to the extent provided in the Contract Documents. Contractor may reasonably rely on the directions given by the Owner’s representatives in writing. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, 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 will 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 will keep the Owner and the Construction Manager reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner and Construction Manager known deviations from the Contract Documents and defects and deficiencies observed in the Work. § 4.2.3 The Construction Manager shall provide one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. The Construction Manager will determine in general if the Work observed is being performed in accordance with the Contract Documents, will keep the Owner and Architect reasonably informed of the progress of the Work, and will promptly report to the Owner and Architect known deviations from the Contract Documents and the most recent Project schedule, and defects and deficiencies observed in the Work. § 4.2.4 The Construction Manager will schedule and coordinate the activities of the Contractor and other Contractors in accordance with the latest approved Project schedule. § 4.2.5 The Construction Manager, except to the extent required by Section 4.2.4, and Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, and neither will be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. Neither the Construction Manager nor the Architect will have control over or charge of, or be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 4.2.6 Communications. The Owner shall communicate with the Contractor 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 with a copy of such notification provided to the Contractor. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with other Contractors shall be through the Construction Manager. Communications by and with the Owner’s own forces and Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. The Owner or its representatives shall not directly communicate with or direct the work of sub-contractors without the written consent of Contractor. § 4.2.7 The Construction Manager and Architect will review and certify all Applications for Payment by the Contractor, in accordance with the provisions of Article 9. § 4.2.8 The Architect and Construction Manager have authority to reject Work that does not conform to the Contract Documents, and will notify each other about the rejection. Whenever the Construction Manager considers it necessary or advisable, the Construction Manager will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, upon written authorization of the Owner, whether or not the Work is fabricated, installed or completed. The foregoing authority of the Construction Manager will be subject to the provisions of Sections 4.2.18 through 4.2.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect’s nor the Construction Manager’s authority to act under this Section 4.2.8 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons performing any of the Work. § 4.2.9 Utilizing the submittal schedule provided by the Contractor, the Construction Manager shall prepare, and revise as necessary, a Project submittal schedule incorporating information from other Contractors, the Owner, Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 62 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 15 Owner’s consultants, Owner’s Separate Contractors and vendors, governmental agencies, and participants in the Project under the management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the Architect for approval. § 4.2.10 The Construction Manager will receive and promptly review for conformance with the submittal requirements of the Contract Documents, all submittals from the Contractor such as Shop Drawings, Product Data, and Samples. Where there are other Contractors, the Construction Manager will also check and coordinate the information contained within each submittal received from the Contractor and other Contractors, and transmit to the Architect those recommended for approval. By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Construction Manager represents to the Owner and Architect that the Construction Manager has reviewed and recommended them for approval. The Construction Manager’s actions will be taken in accordance with the Project submittal schedule approved by the Architect or, in the absence of an approved Project submittal schedule, with reasonable promptness while allowing sufficient time to permit adequate review by the Architect. § 4.2.11 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect 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. Upon the Architect’s completed review, the Architect shall transmit its submittal review to the Construction Manager. § 4.2.12 Review of the Contractor’s submittals by the Construction Manager and Architect is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Construction Manager and Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Construction Manager and Architect’s review shall not constitute approval of safety precautions or of any 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. § 4.2.13 The Construction Manager will prepare Change Orders and Construction Change Directives. § 4.2.14 The Construction Manager and the Architect will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7, and the Architect will have authority to order minor changes in the Work as provided in Section 7.4. The Architect, in consultation with the Construction Manager, will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.15 Utilizing the documents provided by the Contractor, the Construction Manager will maintain at the site for the Owner one copy of all Contract Documents, approved Shop Drawings, Product Data, Samples, and similar required submittals, in good order and marked currently to record all changes and selections made during construction. These will be available to the Architect and the Contractor, and will be delivered to the Owner upon completion of the Project. § 4.2.16 The Construction Manager will assist the Architect in conducting inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion in conjunction with the Architect pursuant to Section 9.8; and receive and forward to the Owner written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10. The Construction Manager will forward to the Architect a final Application and Certificate for Payment or final Project Application and Project Certificate for Payment upon the Contractor’s compliance with the requirements of the Contract Documents. § 4.2.17 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. The Owner shall notify the Construction Manager of any change in the duties, responsibilities and limitations of authority of the Project representatives. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 63 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 16 § 4.2.18 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of the Construction Manager, Owner, or Contractor through the Construction Manager. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.19 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions so rendered in good faith. § 4.2.20 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.21 The Construction Manager will receive and review requests for information from the Contractor, and forward each request for information to the Architect, with the Construction Manager’s recommendation. The Architect will review and respond in writing, through the Construction Manager, to requests for information about the Contract Documents. The Construction Manager’s recommendation and the Architect’s response to each request will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or Separate Contractors or the subcontractors of other Contractors or Separate Contractors. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Construction Manager, for review by the Owner, Construction Manager and Architect, of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Construction Manager may notify the Contractor whether the Owner, the Construction Manager or the Architect (1) has reasonable objection to any such proposed person or entity or, (2) requires additional time for review. Failure of the Construction Manager to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such substitution. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 64 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 17 § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, that the Contractor, by these Contract Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor Contractor or other entity. If the Owner assigns the subcontract to a successor Contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor Contractor’s obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner’s Right to Perform Construction with Own Forces and to Award Other Contracts § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. Any election by Owner shall be in writing with 7 days advance notice. § 6.1.2 When the Owner performs construction or operations with the Owner’s own forces or Separate Contractors, the Owner shall provide for coordination of such forces and Separate Contractors with the Work of the Contractor, who shall cooperate with them. § 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. § 6.1.4 Owner’s election to perform Work as set forth in this section shall not affect or reduce the Contractor’s fee. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner’s own forces, Separate Contractors, Construction Manager and other Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 65 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 18 their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. Owner’s election to perform Work shall not unreasonably interfere with the remaining work being performed by the Contractor. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner’s own forces, Separate Contractors or other Contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify in writing the Construction Manager and Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor or other Contractors that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Construction Manager and the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s or other Contractors’ completed or partially completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractors or other Contractors that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs, including costs that are payable to a Separate Contractors or to other Contractors, because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of delays, improperly timed activities, damage to the Work or defective construction by the Owner’s own forces, Separate Contractors, or other Contractors. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction, or to property of the Owner, Separate Contractors, or other Contractors as provided in Section 10.2.5. § 6.2.5 The Owner, Separate Contractors, and other Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner’s Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, other Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Construction Manager, with notice to the Architect, will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and Contractor. A Construction Change Directive requires agreement by the Owner, Construction Manager and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner, Construction Manager, Architect, and Contractor, stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 66 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 19 § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and signed by the Owner, Construction Manager and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Construction Manager shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers’ compensation insurance, and other employee costs approved by the Construction Manager and Architect; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Construction Manager of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager and Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 67 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 20 Construction Manager and Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Construction Manager and Architect determine to be reasonably justified. The interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Construction Manager and Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Construction Manager shall prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work 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. The Architect’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Construction Manager and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect’s order for a minor change without prior notice to the Construction Manager that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner, Architect, Construction Manager, or an employee of any of them, or of the Owner’s own forces, Separate Contractors, or other Contractors; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts and the Architect, based on the recommendation of the Construction Manager, determines justify delay, including those provisions set forth in § 8.8.2 of the Standard Form of Agreement then the Contract Time shall be extended for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 68 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 21 ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Construction Manager, before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Construction Manager and the Architect. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. The Construction Manager shall forward to the Architect the Contractor’s schedule of values. Any changes to the schedule of values shall be submitted to the Construction Manager and supported by such data to substantiate its accuracy as the Construction Manager and the Architect may require, and unless objected to by the Construction Manager or the Architect, shall be used as a basis for reviewing the Contractor’s subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner, Construction Manager or Architect require, such as copies of requisitions, and releases of waivers of lien from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Construction Manager and Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 Where there is only one Contractor, the Construction Manager will, within seven days after the Construction Manager’s receipt of the Contractor’s Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor’s Application and Certificate for Payment to the Architect. Within seven days after the Architect receives the Contractor’s Application for Payment Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 69 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 22 from the Construction Manager, the Architect will either (1) issue to the Owner a Certificate for Payment, in the full amount of the Application for Payment, with a copy to the Construction Manager; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Construction Manager and Owner of the Architect’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Construction Manager and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1. The Construction Manager will promptly forward to the Contractor the Architect’s notice of withholding certification. § 9.4.2 Where there is more than one Contractor performing portions of the Project, the Construction Manager will, within seven days after the Construction Manager receives all of the Contractors’ Applications for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each of the Contractors; (2) prepare a Summary of Contractors’ Applications for Payment by combining information from each Contractor’s application with information from similar applications for progress payments from the other Contractors; (3) prepare a Project Application and Certificate for Payment; (4) certify the amount the Construction Manager determines is due all Contractors; and (5) forward the Summary of Contractors’ Applications for Payment and Project Application and Certificate for Payment to the Architect. § 9.4.2.1 Within seven days after the Architect receives the Project Application and Project Certificate for Payment and the Summary of Contractors’ Applications for Payment from the Construction Manager, the Architect will either (1) issue to the Owner a Project Certificate for Payment, with a copy to the Construction Manager; or (2) issue to the Owner a Project Certificate for Payment for such amount as the Architect determines is properly due, and notify the Construction Manager and Owner of the Architect’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Project Application for Payment, and notify the Construction Manager and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1. The Construction Manager will promptly forward the Architect’s notice of withholding certification to the Contractors. § 9.4.3 The Construction Manager’s certification of an Application for Payment or, in the case of more than one Contractor, a Project Application and Certificate for Payment, shall be based upon the Construction Manager’s evaluation of the Work and the data in the Application or Applications for Payment. The Construction Manager’s certification will constitute a representation that, to the best of the Construction Manager’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 Contractor is, or Contractors are, entitled to payment in the amount certified. § 9.4.4 The Architect’s issuance of a Certificate for Payment or, in the case of more than one Contractor, Project Application and Certificate for Payment, shall be based upon the Architect’s evaluation of the Work, the recommendation of the Construction Manager, and data in the Application for Payment or Project Application for Payment. The Architect’s certification will constitute a representation 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 Contractor is, or Contractors are, entitled to payment in the amount certified. § 9.4.5 The representations made pursuant to Sections 9.4.3 and 9.4.4 are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Construction Manager or Architect § 9.4.6 The issuance of a Certificate for Payment or a Project Certificate for Payment will not be a representation that the Construction Manager or 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 the Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Construction Manager or Architect may withhold a Certificate for Payment or Project Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Construction Manager’s or Architect’s opinion the representations to the Owner required by Section 9.4.3 and 9.4.4 cannot be made. If the Construction Manager or Architect is unable to certify payment in the amount of the Application, the Construction Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 70 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 23 Manager will notify the Contractor and Owner as provided in Section 9.4.1 and 9.4.2. If the Contractor, Construction Manager and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment or a Project Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Construction Manager or Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment or Project Certificate for Payment previously issued, to such extent as may be necessary in the Construction Manager’s or Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from the acts and omissions described in Section 3.3.2 because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor or other Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect or Construction Manager withholds certification for payment under Section 9.5.1, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Construction Manager, and both will reflect such payment on the next Certificate for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment or Project Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction Manager and Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, excepting and reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner, Construction Manager nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 71 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 24 § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 9.7 Failure of Payment If the Construction Manager and Architect do not issue a Certificate for Payment or a Project Certificate for Payment, through no fault of the Contractor, within fourteen days after the Construction Manager’s receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Construction Manager and Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ notice to the Owner, Construction Manager and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify the Construction Manager, and the Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the list, the Architect, assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect, assisted by the Construction Manager, to determine Substantial Completion. § 9.8.4 When the Architect, assisted by the Construction Manager, determines that the Work of all of the Contractors, or designated portion thereof, is substantially complete, the Construction Manager will prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 72 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 25 § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect after consultation with the Construction Manager. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.9.4 The Owner’s partial occupancy or use of a portion or portions of the Work shall not interfere with the remaining portions of Work. § 9.10 Final Completion and Final Payment § 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a notice that the Work is ready for final inspection and acceptance, and shall also forward to the Construction Manager a final Contractor’s Application for Payment. Upon receipt, the Construction Manager shall perform an inspection to confirm the completion of Work of the Contractor. The Construction Manager shall make recommendations to the Architect when the Work of all of the Contractors is ready for final inspection, and shall then forward the Contractors’ notices and Application for Payment or Project Application for Payment, to the Architect, who will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment or Project Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Construction Manager’s and Architect’s final Certificate for Payment or Project Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, and (6), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 73 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 26 lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect through the Construction Manager prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor’s safety program to the Construction Manager for review and coordination with the safety programs of other Contractors. The Construction Manager’s responsibilities for review and coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction; and .4 construction or operations by the Owner, Separate Contractors, or other Contractors. § 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 74 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 27 § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner, Construction Manager and Architect of the condition. § 10.3.2 Upon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor, the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Construction Manager, Architect, their consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 75 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 28 § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor’s Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in Exhibit A to the Standard Form of Agreement between Owner and Contractor. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Construction Manager and Construction Manager’s consultants, and the Architect and Architect’s consultants, shall be named as additional insureds under the Contractor’s commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice directly to the Owner, and separately to the Construction Manager, of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.1.5 The Contractor shall provide to the Owner acceptable certificates of insurance 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 Contractor with reasonable promptness. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 76 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 29 § 11.2 Owner’s Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform both the Contractor and the Construction Manager, separately and in writing, prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub-Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be adjusted to account for the work stopped due to the Owner’s failure to procure insurance. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice directly to the Contractor, and separately to the Construction Manager, of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.2.4 Owner’s Insurance: The parties hereto understand that the Owner is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and copies of the same shall be provided to Contractor. 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. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents, and employees, each of the other; (2) the Construction Manager and Construction Manager’s consultants; (3) the Architect and Architect’s consultants; (4) other Contractors and any of their subcontractors, sub-subcontractors, agents, and employees; and (5) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Construction Manager, Construction Manager’s consultants, Architect, Architect’s consultants, other Contractors, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this Section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 77 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 30 § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner’s option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner’s property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor, Architect, and Construction Manager for loss of use of the Owner’s property, due to fire or other hazards however caused. § 11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Construction Manager, Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Construction Manager, Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Construction Manager’s or Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by either, be uncovered for their examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Construction Manager or Architect has not specifically requested to examine prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion, and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Construction Manager’s and Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 78 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 31 § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties , any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, Construction Manager or Architect, the Owner may correct it in accordance with Section 2.5. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner, Separate Contractors, or other Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract and all sub contracts shall be governed by the laws of Colorado. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 79 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 32 § 13.3.2 No action or failure to act by the Owner, Construction Manager, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to be made so that the Construction Manager and Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require and shall bear all related costs of tests, inspections, and approvals § 13.4.2 If the Construction Manager, Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and inspections are to be made so that the Construction Manager and Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner’s expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Construction Manager’s and Architect’s services and expenses, shall be at the Contractor’s expense. § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect. § 13.4.5 If the Construction Manager or Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.6 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. As a contracting party, the Owner agrees itshall be bound by its contractual agreement and obligations. § 13.7 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 copies shall be provided to Contractor.. 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. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 80 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 33 § 13.8 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. § 13.9 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. Contractor agrees to meet all of the requirements of Owner’s municipal code, Section 13-98, pertaining to non-discrimination in employment. § 13.10 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 § 13.11 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 Contractor to which the same may apply and, until complete performance by Contractor 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. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped or any other basis set forth in § 8.8.2 of the Standard Form of Agreement between Owner and Contractor; .3 Because the Construction Manager has not certified or the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2.; or .5 the Owner is otherwise hs substantially breached a material provision of the Contract Documents. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 81 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 34 § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees, or any other persons performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, after consultation with the Construction Manager, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, fourteen days’ notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Construction Manager’s and Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by the Initial Decision Maker after consultation with the Construction Manager, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor after giving notice in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. Any suspension for convenience shall extend the date for substantial completion by a corresponding time of the suspension as set forth in § 14.3.2. § 14.3.2 The Contract Sum and the Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption as set forth in § 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 82 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 35 .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in A132-2019 § 7.2.1.3 of the Agreement. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within 2 years or as specified by applicable law whichever is less, but in any case not more than 6 years after the date of Substantial Completion of the Work regardless of the date of discovery. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Construction Manager and Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 45 days after occurrence of the event giving rise to such Claim or within 45 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost. If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. (Paragraph deleted) Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 83 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 36 § 15.1.6. § 15.1.7 Waiver of Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the Claim shall be deemed denied and the party asserting the Claim may demand mediation without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from disinterested and neutral persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within14 business days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties, the Construction Manager, and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 60 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 60 days of receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 84 Init. / AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 37 § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. Mediation is not a prerequisite to filing or resolving a lien claim. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by negotiation in good faith, then mediation before a mutually agreed mediator. A request for mediation shall be made in writing, delivered to the other party to the Contract. (Paragraph deleted) § 15.3.4 The parties shall share the mediator’s fee and any filing fees equally, unless otherwise agreed to in writing The mediation shall be held within the state of Colorado, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration (Paragraphs deleted) Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 85 Additions and Deletions Report for AIA® Document A232® – 2019 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:39:32 MT on 10/15/2024. Additions and Deletions Report for AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 1 PAGE 1 City of Aspen – Lumberyard Affordable Housing Phase 0 Project 2024-341 … Dynamic Program Management P.O. Box 726 Eagle. CO 81631 … City of Aspen 427 Rio Grande Place Aspen, CO 81611 … CTA, Inc., DBA Cushing Terrell 1700 Broadway, Suite 1200 Denver, CO 80290 PAGE 4 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 A copy of the notice shall also be delivered via email to Markjr@Gouldconstruction.com PAGE 5 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 86 Additions and Deletions Report for AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 2 The parties shall agree upon written protocols governing the transmission and use of, and reliance on, of Instruments of Service or any other information or documentation in digital form.form § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to written protocols governing the use of, and reliance on, the information contained in the model shall be at the using or relying party’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. … § 2.1.1 The Owner is the person or a municipal entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, the Construction Manager and the Architect do not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. The Owner designates Ben Levenson. A change or representative shall be provided in writing as provided in §1.6.1. … § 2.2.1 Prior to commencement of the Work, and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements including full appropriation of as set forth in § 8.8.1 Standard Form of Agreement to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor’s request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. Owner may not rescind any appropriation for the Work without the written consent of the Contractor. PAGE 8 § 3.5.1 The Contractor warrants for a period of __2 years_____ to the Owner, Construction Manager, and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. PAGE 9 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 87 Additions and Deletions Report for AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 3 § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise latent or concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner, Construction Manager, and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect and Construction Manager will promptly investigate such conditions and, if the Architect, in consultation with the Construction Manager, determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect, in consultation with the Construction Manager, determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner, Construction Manager, and Contractor, stating the reasons. If the Owner or Contractor disputes the Architect’s determination or recommendation, either party may submit a Claim as provided in Article 15. PAGE 12 § 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment.necessary tostore materials or equipment to be used in the Work. PAGE 13 § 3.18.3 Contractor 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 Contractor any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of any workmen’s compensation claim of any employee of the Contractor or of any employee of any subcontractor of the Contractor. The extent of the Contractor’s obligation to indemnify or hold harmless any indemnity obligee may be determined only after the Contractor ’s liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the Contractor and the indemnity obligee. The Contractor’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 Contractor 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 Contractor also owes a duty to indemnify the City of Aspen. The City of Aspen’s indemnity shall also be prorated to reflect its percentage of fault in the same manner as Contractor’s, above to the extent allowed by law. … § 4.2.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents and will be the Owner’s representatives during construction until the date the Architect issues the final Certificate for Payment. The Construction Manager and Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. Contractor may reasonably rely on the directions given by the Owner’s representatives in writing. PAGE 14 § 4.2.6 Communications. The Owner shall communicate with the Contractor 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 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 88 Additions and Deletions Report for AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 4 any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Project with a copy of such notification provided to the Contractor. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with other Contractors shall be through the Construction Manager. Communications by and with the Owner’s own forces and Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. The Owner or its representatives shall not directly communicate with or direct the work of sub-contractors without the written consent of Contractor. PAGE 17 § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. Any election by Owner shall be in writing with 7 days advance notice. … § 6.1.4 Owner’s election to perform Work as set forth in this section shall not affect or reduce the Contractor’s fee. § 6.2.1 The Contractor shall afford the Owner’s own forces, Separate Contractors, Construction Manager and other Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. Owner’s election to perform Work shall not unreasonably interfere with the remaining work being performed by the Contractor. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner’s own forces, Separate Contractors or other Contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify in writing the Construction Manager and Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor or other Contractors that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Construction Manager and the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s or other Contractors’ completed or partially completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractors or other Contractors that are not apparent. PAGE 20 § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner, Architect, Construction Manager, or an employee of any of them, or of the Owner’s own forces, Separate Contractors, or other Contractors; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts and the Architect, based on the recommendation of the Construction Manager, determines justify delay, including those provisions set forth in § 8.8.2 of the Standard Form of Agreement then the Contract Time shall be extended for such reasonable time as the Architect may determine. PAGE 22 § 9.4.5 The representations made pursuant to Sections 9.4.3 and 9.4.4 are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Construction Manager or Architect.Architect PAGE 23 § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, excepting and reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 89 Additions and Deletions Report for AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 5 appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. PAGE 25 § 9.9.4 The Owner’s partial occupancy or use of a portion or portions of the Work shall not interfere with the remaining portions of Work. PAGE 28 § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. Exhibit A to the Standard Form of Agreement between Owner and Contractor. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Construction Manager and Construction Manager’s consultants, and the Architect and Architect’s consultants, shall be named as additional insureds under the Contractor’s commercial general liability policy or as otherwise described in the Contract Documents. … § 11.1.5 The Contractor shall provide to the Owner acceptable certificates of insurance 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 Contractor with reasonable promptness. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. PAGE 29 § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform both the Contractor and the Construction Manager, separately and in writing, prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub-Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. adjusted to account for the work stopped due to the Owner’s failure to procure insurance. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. … § 11.2.4 Owner’s Insurance: The parties hereto understand that the Owner is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and copies of the same shall be provided to Contractor. 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. PAGE 31 § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 90 Additions and Deletions Report for AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 6 under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, , any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, Construction Manager or Architect, the Owner may correct it in accordance with Section 2.5. … The Contract 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 15.4.and all sub contracts shall be governed by the laws of Colorado. PAGE 32 § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. authority. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to be made so that the Construction Manager and Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require.require and shall bear all related costs of tests, inspections, and approvals … § 13.6 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. As a contracting party, the Owner agrees itshall be bound by its contractual agreement and obligations. § 13.7 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 copies shall be provided to Contractor.. 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. § 13.8 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. § 13.9 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. Contractor agrees to meet all of the requirements of Owner’s municipal code, Section 13-98, pertaining to non-discrimination in employment. § 13.10 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 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 91 Additions and Deletions Report for AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 7 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 § 13.11 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 Contractor to which the same may apply and, until complete performance by Contractor 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. PAGE 33 .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped;stopped or any other basis set forth in § 8.8.2 of the Standard Form of Agreement between Owner and Contractor; … .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2.2.2.; or .5 the Owner is otherwise hs substantially breached a material provision of the Contract Documents. PAGE 34 § 14.2.2 When any of the reasons described in Section 14.2.1 exist, after consultation with the Construction Manager, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven fourteen days’ notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: … § 14.3.1 The Owner may, without cause, order the Contractor after giving notice in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. Any suspension for convenience shall extend the date for substantial completion by a corresponding time of the suspension as set forth in § 14.3.2. § 14.3.2 The Contract Sum and the Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section as set forth in § 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: PAGE 35 § 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in A132-2019 § 7.2.1.3 of the Agreement. … The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, 2 years or as specified by applicable law whichever is less, but in any case not more than 10 6 years after the date of Substantial Completion of the Work. of the Work regardless of the date of discovery. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 92 Additions and Deletions Report for AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 8 … § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Construction Manager and Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 45 days after occurrence of the event giving rise to such Claim or within 21 45 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. … § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6. PAGE 36 § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the Claim shall be deemed denied and the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. … § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from disinterested and neutral persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten within14 business days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties, the Construction Manager, and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. … § 15.2.6.1 Either party may, within 30 60 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 60 days of receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. PAGE 37 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 93 Additions and Deletions Report for AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 9 § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. Mediation is not a prerequisite to filing or resolving a lien claim. … § 15.3.2 The parties shall endeavor to resolve their Claims 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 the Agreement. negotiation in good faith, then mediation before a mutually agreed mediator. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings 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 is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.Contract. § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.4 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, equally, unless otherwise agreed to in writing The mediation shall be held within the state of Colorado, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. … § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim 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 the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 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 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. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party 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 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 94 Additions and Deletions Report for AIA Document A232 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 10 be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party 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. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 95 AIA Document D401 – 2003. Copyright © 1992 and 2003. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:39:32 MT on 10/15/2024 under Order No.4104244733 which expires on 11/19/2024, 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 docinfo@aiacontracts.com. User Notes: (1314149167) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:39:32 MT on 10/15/2024 under Order No. 4104244733 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A232™ – 2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 96 Aspen Lumberyard Project - Phase 0 - Abatement, Deconstruction & Demolition Rev3 6874 HWY 82, Glenwood Springs, CO 81601 P.O. Box 130, Glenwood Springs, CO 81602 Paul Jacobson 970-379-3770 970-945-8371 Contact: Phone: Fax: Job Name:Quote To:City of Aspen Procurement COA Lumberyard Phase 0 - Abatement, Demo, Deconstruction 7/26/2024Date of Plans:Attn: Address: Phone:Proposal Date:10/08/2024 Email: AMOUNTITEMDESCRIPTIONQUANTITYUNITUNIT PRICE Asbestos Abatement Bldg # L1 LS 1.00 5 149,600.00 149,600.00 Asbestos Abatement Bldg # L4 LS 1.00 10 106,900.00 106,900.00 Asbestos Abatement Subtotal 256,500.00 Excavate Contaminated Soils CY 2,095.00 12 18.40 38,548.00 Haul & Dispose Benzo(a,b) Contaminated Soils CY 422.00 14 155.00 65,410.00 Haul & Dispose Lead Contaminated Soils CY 1,673.00 15 218.00 364,714.00 Soils Abatement Subtotal 468,672.00 Remove Trees per Sht LD0.01 EA 79.00 20 1,240.00 97,960.00 Rem Sidewalk @ AABC SY 43.00 22 11.00 473.00 Rem /Mill 2" AABC Street Asphalt SY 1,995.00 23 7.00 13,965.00 Remove Site Asphalt SY 17,403.00 25 3.50 60,910.50 Rem Asphalt Trail SY 526.00 30 9.50 4,997.00 Demo- Site Concrete-Sidewalks,pads,C&G,VP SY 1,898.00 35 10.00 18,980.00 Demo-Concrete Trail SY 1,620.00 40 9.00 14,580.00 Removal Of Site Electrical-ED100 LS 1.00 45 35,195.00 35,195.00 Rem Storage Unit Str. A-g EA 7.00 50 29,063.00 203,441.00 Remove Bldg L1 LS 1.00 60 133,000.00 133,000.00 Remove Bldg L2- 3 sided Shed LS 1.00 70 46,500.00 46,500.00 Remove Bldg L3 LS 1.00 80 62,550.00 62,550.00 Remove Bldg L4 LS 1.00 90 87,705.00 87,705.00 Remove Fuel Tank Conc Str LS 1.00 95 6,700.00 6,700.00 Create Haul Road @ Site LS 1.00 100 2,600.00 2,600.00 Shred Bldg L1-L4 & A-G WK 2.00 105 55,240.00 110,480.00 Haul Waste materials to Dump TON 462.00 110 113.50 52,437.00 Haul Bldg Matl to Shredder Piles EA 11.00 115 14,625.00 160,875.00 Crush Asphalt into Usuable Product TON 3,565.00 130 14.50 51,692.50 Crush Concrete & CMU into Usable Product TON 3,010.00 135 17.00 51,170.00 Haul Off Asphalt & Concrete TONS 6,575.00 140 15.00 98,625.00 Sort, Recycle, Dispose Storage Items LS 1.00 145 11,000.00 11,000.00 Demo General Conditions & Mobilization LS 1.00 150 310,000.00 310,000.00 Page 1 of 2 Addendum 1Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 97623 AMOUNTITEMDESCRIPTIONQUANTITYUNITUNIT PRICE Instl Temporary Construction Fencing LF 600.00 155 38.00 22,800.00 Deconstruction & Demolition Subtotal 1,658,636.00 Base Bid - 75% Waste Diversion 2,383,808.00 Setup, Install & 6 mo Rental Sound Wall(Allowance)LF 1,100.00 200 425.00 467,500.00 Exc, Haul, Dispose Contaminated Soils(Allowance)CY 419.00 220 236.00 98,884.00 Exc, Haul, Dispose Soils @ Fuel Center(Allowance)CY 100.00 230 185.75 18,575.00 Allowances 584,959.00 GRAND TOTAL 2,968,767.00 NOTES: Qualifications/Notes: 1. Proposal is valid for (30) calendar days. 2. Davis-Bacon and/or prevailing wages are excluded. 3. Any item not specifically mentioned in the scope of work is excluded . 4. Survey/Staking/Engineering is excluded. 5. Material/Soils testing is excluded. 6. All Taxes are excluded. 7. Soil Abatement tonnage (because it is not known)is not included in our waste diversion calculation . Page 2 of 2 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 98624 Pre Construction Services Breakdown Company Principal / Sr. Management Input Business Development / Preconstruction Input Head Estimating Input Jr. Estimating / Assistant Estimator Input 1 Review current documents and compile comments and questions 16 16 2 Initial meeting with Owner and Design Team 8 4 3 Provide comments / constructability review to Owner and Design Team 8 8 4 Provide construction cost estimate (90% CD) level 80 40 20 5 Develop Project Schedule and Sequencing Plan 40 20 8 6 Review 90% CD Pricing with Owner 4 8 4 7 Provide construction cost estimate (100% CD) level 60 40 16 8 Review 100% CD Pricing with Owner 4 8 4 9 Finalize Contract Documents with COA 16 10 4 Estimated Total Manhours per Category 24 238 140 44 Cost Per Hour per Category 195.00$ 150.00$ 130.00$ 85.00$ Estimated Total Budget for Preconstruction Services per Category 4,680.00$ 35,700.00$ 18,200.00$ 3,740.00$ TOTAL Preconstruction Budget Manhours per Category 62,320.00$ 41 Addendum 2Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 99622 MONTH H Selection & Contracts O Mobilization to Site L Sound Fence Install I Secure Site / Fencing / Barricades D Asbestos Abatement (Buildings L1 & L4)A Mini Storage D&D (Buildings A - G)Y Tree Removal S Contaminated Soil Remediation Building L2 D&D N Building L3 D&D O Building L1 D&D Building L4 D&D W Site Demoliton & Recycling (Crushing on Site)O R K MAR 25 JUNE 25 The Lumberyard Abatement, Deconstruction & Demolition Schedule OCT 24 NOV 24 DEC 24 JAN 25 FEB 25 APR 25 MAY 25 Addendum 3 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 10 0 62 1 Page 1 of 4 DECISION MEMORANDUM TO: Mayor Torre and City Council FROM: Reilly O’Brien, Senior Project Manager, Dynamic Program Management THROUGH: Robert Schober, Capital Asset Director MEMO DATE: October 17, 2024 MEETING DATE: October 22, 2024 RE: Resolution #133, Series of 2024 – Lumberyard Affordable Housing Project Phase 0 Contract for Abatement, Deconstruction & Demolition, and Pre- Construction Services with Gould Construction Phase 0 CMGC Procurement The process used by the City of Aspen Capital Asset staff to procure Construction Manager/General Contractor (CM/GC) Professional Services for the Abatement, Deconstruction & Demolition, and Pre-Construction Services for Phase 0 of the Lumberyard Affordable Housing Project was of high standard and typical to the industry. The process was facilitated in a fair and transparent manner while maintaining competition between the candidates. The City of Aspen Procurement Department reviewed all materials for approval prior to the release of any Request for Qualifications & Proposal (RFQ/P) documents and interview invitations. The RFQ/P advertisement was advertised on BidNet, as is typical for City of Aspen Capital Construction and the public sector. Based on the high number of firms requesting the RFQ/P there was a strong level of interest in this project. The virtual pre-bid meeting was well attended and provided an opportunity for candidates to ask questions. Site walks were provided to candidates as requested over a long window of time, between 7/29/2024 and 9/6/2024. The members of the selection committee thoroughly reviewed the qualifications and proposal responses from each candidate. A scoring matrix was followed to assist in making decisions about the candidates that should move forward in the process by sending an invitation to interview with the selection committee. Six responses were received from candidates. A short list of three firms were selected to be invited to interview. The fees requested for the CM/GC Professional Services were consistent with industry standards and included General Conditions, to be treated at cost, not-to-exceed within the contract. Preconstruction fees and percentage markups for overhead, profit, change orders, bonds and insurances were requested in the competitive environment. Phase 0.1 of the Lumberyard project included bid documents from the design team for the following: - Abatement of asbestos and contaminated soils - Demolition and recycling of existing structures - Demolition and recycling of existing asphalt & concrete 101 Page 2 of 4 Gould’s proposed fees and General Conditions are consistent with pricing we have seen recently on similar projects. Gould’s fees were the most competitive of the three qualified candidates responding to the RFQ/P. It worked out well that Gould as the best fit of the three qualified for the project was also the most cost-effective. The CM/GC delivery method allows the contractor to engage early in the design process to provide value engineering and constructability feedback to the design team on the costs of infrastructure and grading for the project (Phase 0.2). Therefore, the competitive request for proposals for the CM/GC delivery method include the fees as outlined above and are intended to be held throughout the project and when the City and CM/GC agree upon a Guaranteed Maximum Price (GMP) at the conclusion of design phases. Interviews were held on September 27th, 2024, with three candidates. Each candidate was provided 45 minutes with the selection committee including five minutes of introductions, a 15- minute vendor presentation, 20 minutes of questions, and five minutes for closing statements. The questions were the same questions asked of each firm, with follow-up questions asked by persons attending the interviews for clarification. After firms had completed their interviews, the selection committee members scored each firm individually. Then the committee held a debrief discussion for approximately 30-45 minutes. Each person in attendance was able to express their observations and notes about strengths and/or weaknesses of each team. Based on the score cards submitted, the selection committee unanimously selected Gould Construction as the top candidate. There was a follow up interview with Gould construction on October 1st, 2024, to confirm their good fit for the project. Gould Construction was informed of the intent to award them at the conclusion of that meeting. After the intent to award, Gould Construction provided contract comments on the contract proposed by the City of Aspen. City legal has reviewed the comments and the reviewed contract is included in the memo for approval. Dynamic Program Management has reviewed the contract and finds it meets industry standards. Updated Phase 0 Cost Model Cairn Consulting’s original 2022 Schematic Design estimate was prepared with the best information available at the time regarding the scope of work and with standard industry practices. The 5% annual escalation applied to Cairn Consulting’s 2022 Schematic Design estimate is not consistent with the 18% annual escalation Dynamic Program Management has observed from 2022 to 2024. The cost increases are not the result of escalation of the same scope of work priced in 2022, but an increase in the scope of the work as design progressed from Schematic to Design Development in order to satisfy the stakeholders in the process. 102 Page 3 of 4 Shaw Construction was engaged to provide cost estimating services as the project moved into Design Development. The 2024 Design Development estimate incorporated scope additions as follows that were not included in the Schematic Design: - Sound walls - Snow fence - Annie Mitchell stair connection to transit - Stormwater facilities by the bus stop and northeast corner - Trail realignment in ROW - including walls/fence that was previously primarily sharrow on site roads - Grade separation for AABC trail at intersection - Significant utility relocation at Highway 82 underpass - Additional accessible connections from AABC trail to the development - Offsite utility connections in adjacent County Road - Closure of Sage Way - Additional site retaining walls - Unexpected CDOT drainage onto site requiring additional underground storage on site - Additional drainage swales - Change from curb/gutter to full sidewalks - Increases in landscape material quantities and additional irrigation These items above were not included in the 2022 Schematic Design estimate. Dynamic Program Management, the Capital Asset department, and Cushing Terrell thoroughly investigated the increase from the 2022 Schematic Design to the 2024 Design Development estimate. The scope changed substantially, and the escalation applied at 5% per year was optimistic. Phase 0 Contractor At this point in the process, pivoting from the current project approach of having the City manage the Phase 0 scope to a hired developer could have negative schedule and budget implications. Gould Construction and their abatement contractor are scheduled to mobilize on November 4th, 2024, with abatement and demolition scopes of work. Delaying the start of abatement and demolition will directly delay the start of site work and infrastructure in the spring. With the City managing the CM/GC through a GMP process, all savings will be returned to the City. The City is currently in process of procuring a developer for the phases beyond Phase 0. Per that process, the City has communicated to candidates that the Phase 0 scope is currently assumed to be completed by the City. Prior to issuance of the developer RFQP, staff heard positive remarks from developers regarding their interest in pursuing the project if Phase 0 was managed by the City. If the City would like to move Phase 0 into the developer’s scope of work, the timeline for the developer procurement will need to be extended. We have seen steep escalation in the market over the past two years. While the industry is experiencing a leveling of the curve of escalation, it still exists in the Aspen market. Each month of delay could put the City at risk for 1%+ of the construction scope awarded to Gould Construction. Having a developer control Phase 0 would add months to the start of the project given the current timeframe for the developer procurement. 103 Page 4 of 4 With the increase in the scope of work from Schematic Design to Design Development, it is our opinion that the costs will not be reduced by significant amounts, if any, from the costs that will be finalized in a GMP with Gould Construction, regardless of which entity (City or Developer) leads the process. The cost increases were mostly attributed to increases in scope needed as the design moved forward. Gould Construction has been a good partner of the City on past projects. A developer without knowledge of the local market may not be able to procure an earthwork and infrastructure contractor with as much experience as Gould in completing projects with high quality for the City for a fair price. The developer would need time to procure their own contractor for the Phase 0 scope and bring that contractor up to speed on the complex project. If a developer were to take on this scope of work, while the initial costs may be higher and the schedule extended, the advantage could be a lower risk to the City for construction escalation costs and unforeseen conditions dependent on contract language. In addition, moving the responsibility of Phase 0 to the developer would free up City staff to focus on other projects for the community. Dynamic Program Management recommends moving forward with the contract for Gould Construction for Phase 0 of the project. However, our team is prepared to support the City to deliver the scope of work in the method deemed the best pathway forward for this important project. Sincerely, Reilly O’Brien Senior Project Manager, Dynamic Program Management Attachments: None 104 cushingterrell.com MEMORANDUM Date: October 25, 2024 To: Chris Everson, Affordable Housing Development Senior Project Manager From: Randy Rhoads, Executive Director of Affordable Housing RE: Phase 0 Implementation/Construction The City has received feedback over the course of the RFQ/RFP process that having the City act as developer for the Phase 0 work is perceived beneficially because it creates certainty of schedule and reduces overall risk for the developers. Having twelve developers respond to the RFP is a testament to the extreme amount of buy in there is for the process that was outlined in the developer RFP. The Phase 0 project is past the development stage – it is now simply a construction project. The entitlements, construction documentation (other than potential Value Engineering changes through a CMGC process) and contractor bidding/selection is complete. Having a developer manage the Phase 0 construction process could add cost to revisit these already completed stages. Additionally, a developer will need compensation for the management of a construction project should they take on Phase 0 from this point. The Phase 0 Construction contract will need to be (re) negotiated between developer and general contractor or a wholly new contract will need to be negotiated with a new general contractor if the developer chooses to not move forward with the selected general contractor. Schedule: There will be added time for a developer team to take on Phase 0 and determine approach (maintain selected GC and process or rebid phase 0 scope – 4 months in process thus far). The current schedule to select a developer team based on the proposals submitted for vertical construction is mid- December. This would push a construction start date to May 2025. With demolition needing to occur prior to any site/infrastructure work, overall construction will be adversely delayed. Current construction schedule allowed demolition activities to start in the winter months with infrastructure construction starting in early spring to maximize construction in during weather favorable months. Cost: Schedule delays increase construction cost due to escalation. Developer fees to manage the Phase 0 construction project are in addition to any currently contemplated costs. 105 2 cushingterrell.com Optics: Loss of confidence in process with phase 0 general contractor and developers. Multiple changes in course, multiple exercises in costing/proformas could lead to developer fatigue. Ultimately, developer involvement does not diminish City of Aspen construction risk. The city is still responsible for any unforeseen cost. Having a developer manage the Phase 0 construction process will not result in cost savings or schedule reductions. Cushing Terrell recommends that the city approve the Phase 0 contract with the selected general contractor and immediately provide a notice to proceed so that the abatement and demolition portions of the Phase 0 work get underway and allow the CMGC process to commence with the selected contractor for the reminder of the Phase 0 scope. Developers seeing the Phase 0 work stay on track sends a strong signal, which will boost confidence in the city’s commitment to the process outlined in the RFQ and RFP documents and will allow the developers to focus on what they do best, finance, build, and manage affordable housing. 106 MEMORANDUM TO:City Council FROM:Jenn Ooton, Senior Project Manager THROUGH:Sara Ott, City Manager MEMO DATE:Oct. 14, 2024 MEETING DATE:Oct. 22, 2024 RE:Resolution #134, Series 2024 – TV station management and meeting production _____________________________________________________________________ REQUEST OF COUNCIL:Approval of Resolution #134 approving a contract in the amount of not to exceed $85,000 with Grassroots Television for television meeting coverage for the City of Aspen Council meetings and a portion of the management Channel 11. The contract is renewable with two one-year extensions. SUMMARY AND BACKGROUND:Aspen City Council in 2020 approved a cable franchise agreement with Comcast that outlines the terms that Pitkin County, the City of Aspen, Town of Snowmass Village and the Town of Basalt broadcast on the Public, Education and Government (PEG) channels for each of the jurisdictions. In this case, Grassroots TV is the designated access provider, and each jurisdiction pays a portion of the operating costs for the PEG channels. That cost is included within this contract. This contract also includes meeting coverage for the City Council meeting and is identified as a one-year contract with two one-year extensions. The first year of the contract is not to exceed $85,000, however, the city will be billed $61,190 for the contract that includes 24 regular meetings and 35 Work Sessions that are four hours, gavel to gavel. Other services above that meeting count would be billed individually up to the not to exceed amount. BASIS FOR VENDOR SELECTION:This is a sole source contract as there exists only one responsible source for these services. FINANCIAL IMPACTS: The request will be funded from funds within the Mayor and Council budget, in the General Fund. 107 RECOMMENDATIONS: Approval of Resolution #134, Series 2024. CITY MANAGER COMMENTS: 108 Resolution No. 123, Series of 2024 Support for Grant Application Page 1 of 1 RESOLUTION #134 SERIES OF2024 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GRASSROOTS TELEVISION, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, WHEREAS, there has been submitted to the City Council a contract for television broadcast services, between the City of Aspen and Grassroots Television Inc., a true and accurate copy of which is attached hereto as Exhibit A. NOW,THEREFORE,BE ITRESOLVEDBYTHE CITYCOUNCILOFTHE CITY OF ASPEN AS FOLLOWS: That the City Council of the City of Aspen hereby approves that contract for an amount not to exceed $85,000, between the City of Aspen and GrassRoots Television 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. FINALLY,adoptedthis 22nddayofOctober, 2024. Torre, Mayor ATTEST:APPROVEDASTO FORM: NicoleHenning,CityClerk JamesR. True, CityAttorney 109 Agreement Professional Services Page 0 Updated 5/2024 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2024-345 AGREEMENT made this 5th day of August, in the year 2024. 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: GrassRoots Community Network c/o John Masters 110 E Hallam St #132 Aspen, CO 81611 970-925-8000 masters@grassrootstv.org For the Following Project: GrassRoots TV 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 $100,000.00 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 and Fee Schedule Total: shall not exceed $ 85,000 per year for 3 years. $ 255,000 three years. Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 110610 Agreement Professional Services Page 1 Updated 5/2024 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 31, 2025. 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 Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 111611 Agreement Professional Services Page 2 Updated 5/2024 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 Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 112612 Agreement Professional Services Page 3 Updated 5/2024 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 TWO MILLION DOLLARS ($2,000,000.00) 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 Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 113613 Agreement Professional Services Page 4 Updated 5/2024 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. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 114614 Agreement Professional Services Page 5 Updated 5/2024 color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c) Incorporate the foregoing provisions in all subcontracts hereunder. 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 City Manager of the City of Aspen (or a duly authorized official in the City Manager’s absence) and if above $100,000, following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’s absence) to execute the same. 16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any 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. Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 115615 Agreement Professional Services Page 6 Updated 5/2024 (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 17. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 18. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 116616 Agreement Professional Services Page 7 Updated 5/2024 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. The Professional in performing the Services hereunder must comply with all applicable provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101, et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR 1501-11. Services rendered hereunder that use information and communication technology, as the term is defined in Colorado law, including but not limited to websites, applications, software, videos, and electronic documents must also comply with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information and communication technology used, created, developed, or procured in connection with the Services hereunder meets these standards, Professional may be required to demonstrate Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 117617 Agreement Professional Services Page 8 Updated 5/2024 compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section above in relation to the Professional’s failure to comply with §§24-85-101, et seq., C.R.S., or the Technology Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103(2.5). 27. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [ ] No additional provisions are adopted. [X] See Exhibit A below. 28. 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: ____________________________ Title: _________________________ Title: ___________________________ Date: _________________________ Date: ___________________________ Approved as to form: _______________________________ City Attorney’s Office JPW-9/5/2024-M:\city\cityatty\arch\ag1-981.doc Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6F 9/20/2024 | 10:44:42 AM MDT John Masters Executive Director Docusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 118618 Agreement Professional Services Page 9 Updated 5/2024 Exhibit A: Scope of Work and Fee Schedule Duration of Agreement and Schedule of Services to be provided: The contract will be for a period of One(1) years with two (2) one-year options to renew if both properties are agreeable. The contract will begin January 1, 2025. The City will allow an annual increase based on CPI for years two and three, and the renewals if exercised. Description of amount, method, or manner of compensation: 2025 total for City of Aspen: $61,190 billed in two semi-annual installments, February and August. The City has a shall not exceed $ 85,000 per year for the above-mentioned annual costs and any ad hoc services as indicated in fee rates below with annual CPI increase for year 2 and 3. Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 119619 Agreement Professional Services Page 10 Updated 5/2024 Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 120620 GrassRoots Television 2025 CGTV Channels 11/881 Station Management and Production Fee Structure Summary presented to: City of Aspen Effective January 1, 2025 2025 3.5 % adjustment based on U.S Bureau of Labor Statistics Denver-Aurora-Lakewood Consumer Price Index for previous 12 months (July-June). Invoice Semi-Annually. A) CGTV 11 Station Management: Equal division of fixed station operating costs. Fixed fee covers all CGTV operating costs, master control (playback and scheduling, video and audio signal processing, delivering broadcast quality signal to cable company), overhead including applicable and apportioned office rent and equipment, utilities, station management salaries, technical trouble shooting, consulting. Total: $141,132 Each jurisdiction: $35,283 B) GrassRoots Studio and Field Production Facilities and Equipment Partnership: Optional fee. Enables GrassRoots to provide Jurisdiction with access to broadcast quality studio and field production assets at same subsidized rate (50% discount) as Local Resident not-for-profit users (see GrassRoots Broadcast Television Production Rates schedule below.) Non-partner Governments pay standard rate for production. Each jurisdiction: $7,440 C) Pre-paid Meeting Coverage (includes multi-camera directing, Digital recording, graphics, OMP streaming feed, scheduling and playback): $313 per meeting. ● As a courtesy and communication tool, please include cgtv@grassrootstv.org and amy@grassrootstv.org on meeting and agenda information at the same time Board members are notified. ● Schedule change notification policy: o 14 day prior notification of any cancellations, postponements or rescheduling of meeting dates and/or time to not incur full meeting fee. o Staff needs to email cgtv@grassrootstv.org and please call/text details to 970-315-4608 ● Optional per meeting fees: o Ala Carte (not pre-paid) 4 hour meeting coverage (unplanned/billed monthly): $373 o Each meeting hour over 4 hours (gavel to gavel): $70/hr Overtime fee per hour. Billed monthly. o Early meeting management fee: Meetings starting before 4:00 pm without 14 days prior notice incur additional $87 management fee. o FaceBook Live stream: $60. o OMP Setup and management fee: $31 ● Meeting coverage in remote, un-equipped rooms require additional field production fees (see next page) 2025 total for City of Aspen: $61,190 Billed in Two Semi-annual installments, February and August. A) $35,283 B) $7,440 City of Aspen charged Local Resident Rates for studio and field production. C) $18,467 24 regular meetings. 35 Work Sessions. Four hours, gavel to gavel 121 2025 GrassRoots Broadcast Television Production Rates for City of Aspen (City of Aspen pays Local Resident Rates) All fees include: Guaranteed television airtimes, Basic graphics including lower 1/3rds, titles and credits Uploads to GrassRoots YouTube and one other social media Standard Local Resident Public Access (Studio: 60% Discount Field: 50% Discount) STUDIO PRODUCTION HD Studio 3 camera + computer feed $415 per 30 min show $165 per 30-minute show live switched program. Eight ½ hour studio show package $2,360 FIELD PRODUCTION HD Field production (4 hour minimum) Single camera with producer $1000 $500 Single camera w/switched computer feed $1420 $710 2 camera + computer feed, one tech $1840 $920 2 camera + computer feed, two tech $2360 $1180 3 camera + computer feed, four tech $4680 $2340 All rates include two wireless microphones Additional audio services (PA, audio mixing, etc.) require additional fees. 20% additional per hour over 4 hours. Post Production (one hour minimums) Non-linear editing $165/hr $95/hr (1 hr minimum) Digital capture, mpeg, transfers, etc $110/hr $65/hr (1 hr minimum) Additional Graphics $165/hr $95/hr (1 hr minimum) DVD/tape duplication $75/hr $50 each Technical and Creative Support $135/hr $70/hr (1 hr minimum) (beyond regular maintenance) Many other production services and levels available. Rates available upon request. Call us at 970.925.8000 or email cgtv@grassrootstv.org 122 MEMORANDUM TO: Mayor and Council FROM : Jenn Ooton, Senior Project Manager Lynn Rumbaugh, Mobility Division Manager Carly McGowan, PE, Senior Project Manager THROUGH: Sara Ott, City Manager Tyler Christoff, PE, Public Works Director DATE OF MEMO: November 4th, 2024 MEETING DATE: November 12th, 2024 RE: Resolution #135 of 2024 – Entrance to Aspen EIS Scoping Change Order #4 REQUEST OF COUNCIL: Staff is presenting Resolution 2024-135 to Council for consideration of approval. The resolution is for a change order to the contract with Jacobs Engineering in response to the council request to prepare the City of Aspen for a new Environmental Impact Statement process. SUMMARY AND BACKGROUND: In the 1990s, Aspen was facing heavy traffic, congestion issues, and deteriorating air quality. In response, the Colorado Department of Transportation (CDOT), the Federal Highway Administration (FHWA), and the City of Aspen worked together to develop the Record of Decision that would drive the implementation of transportation improvements along the Highway 82 corridor between Brush Creek and Aspen. The Record of Decision, also known as the “ROD”, was the outcome of a multi -year Environmental Impact Statement (EIS) process driven by the National Environmental Policy Act, or “NEPA”. The Record of Decision is a legal document between CDOT and FHWA that governs transportation infrastructure improvements and identifies mitigation for environmental impacts. It is still valid today. The set of improvements outlined in the ROD and vetted through the NEPA process are referred to as the Preferred Alternative (“PA”). Over the past 25 years, CDOT, the city and other regional partners have increased transit connectivity, implemented transportation management measures including paid parking, constructed the Maroon Creek Bridge and the roundabout, and realigned Owl Creek Road. The major remaining 123 piece of the ROD that has not been implemented is the construction of a new Castle Creek Bridge. The existing Castle Creek Bridge was built in 1961 with a design life of 50 years. That means that the bridge is more than 10 years past its design life. Increased maintenance is required on the aging bridge to keep it in a safe and usable condition. During the NEPA process, 43 alternatives for the alignment of a new Castle Creek Bridge were screened. The highway component of the Preferred Alternative consists of a two-lane parkway that generally follows the existing alignment, except east of the roundabout where the alignment departs from existing and turns south across the Marolt-Thomas Property. The alignment would utilize a new bridge to the south of the existing alignment and then would tie into W. Main St at the intersection with 7th Street. The transit component of the PA includes a light rail transit (LRT) system, that if local support and/or funding are not available could be developed initially as exclusive bus lanes. In 2022, Council directed staff to pursue an educational campaign about the Preferred Alternative. Subsequently to the educational campaign, Council directed staff to begin an investigative effort into options for the Entrance to Aspen. Following this direction, in April and in August of 2024 Jacobs Engineering presented results of the following studies to City Council: - Feasibility Study for Rehabilitation or Replacement of Bridge in Place - Feasibility Study for S-Curves Softening - NEPA Options and Implications - Alternatives Footprint Analysis and Sensitivity Analysis - Funding and Financial Assessment - Traffic Model Development for Alternatives and Construction Phasing - S-Curve Refinement – 15% Conceptual Plans and Cost Estimate - Analysis of Removal of Pedestrian Route on CCB - Economic Impact Analysis. In Fall of 2024, Council directed staff to develop a scope for the required NEPA process to explore alternative options for the Entrance. The scope presented in this memo is in response to this request. Council sent a letter to CDOT and FHWA requesting answers about various scenarios and how the NEPA process would be applied as well as a question about funding. The response from CDOT/FHWA is included as Attachment A. DISCUSSION: Based on the response from CDOT/FHWA, Staff worked with Jacobs Engineering to develop a scope that was responsive to their guidance. The purpose of the scope presented in this memo is meant to prepare the City to open an EIS process if Council chooses to do so. 124 In order to take steps toward a new EIS, the scope includes the following tasks: - Develop traffic model for the project compliant with CDOT standards (this also will include further refinement of traffic modeling already developed previously by Jacobs) - Conduct an origin and destination study - Determine a “Purpose and Need”, working with Council and stakeholders - Prepare a memo for EIS initiation - Prepare a NEPA scope of services and cost estimate FINANCIAL IMPACTS: The project fund including the 2025 budget request has a lifetime budget of $8.5 million dollars. The existing appropriation for project 51578 has a remaining budget in 2024 of $774,940.75. The previously approved contract with Jacobs has $85,895 remaining. The remaining contract amount will cover a portion of the work proposed in Resolution 2024 -135. The additional budget authority required for the scope of work presented in Change Order #4 is $298,265. 51578 Project Revenues to Date: $2,000,000.00 2023 Budget Allocation (carried forward to 2024) 51578 Project Expenses to Date: $541,840.00 Jacobs Contract - Original $43,390.25 Jacobs Contract – Change Order #1 $639,829.00 Jacobs Contract – Change Order #2 $14,638.06 Non-Jacobs Project Costs (comms, add’l traffic control, etc) $1,239,697.31 Total Expenses Note: Change Order #3 with Jacobs was a zero dollar change order for a scope change based upon a council request to modify the survey bounds to verify impacts under the bridge in a three-lane bridge scenario. Therefore, it is not shown in the expenses summary above. ENVIRONMENTAL IMPACTS: For any construction of the Entrance to Aspen project, the project must follow National Environmental Protection Act (NEPA) requirements. The environmental impacts of the Preferred Alternative were heavily examined during the EIS process in the 1990s. 125 Should the Council choose to deviate from the Preferred Alternative with an alternative solution, the environmental impacts will be required to be studied during a new or supplemental EIS process. The City of Aspen must follow this federal process that involves the greater community’s input in a similar fashion to the 1998 Record of Decision and cannot be fully decided by Aspen City Council alone. ALTERNATIVES: Council can choose not to pursue the EIS scoping work presented in this memo. Other alternatives include moving forward with the Preferred Alternative or the “do nothing” option. Staff does not recommend the “do nothing” alternative. RECOMMENDATION: If Council wishes to pursue an EIS process, staff recommends approval of Resolution 2024-135 for the outlined scope with Jacobs Engineering. CITY MANAGER COMMENTS: Attachments: Attachment A – CDOT Letter dated September 18th, 2024 Attachment B – Resolution #135 of 2024 Attachment C – Jacobs Engineering Amendment #4 Scope of Work 126 RESOLUTION #135 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CHANGE ORDER TO THE CONTRACT BETWEEN THE CITY OF ASPEN AND JACOBS ENGINEERING GROUP INC., AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a change order contract for consultant services related to exploratory scoping for the Entrance to Aspen, between the City of Aspen and Jacobs Engineering Group, 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 a change order contract for consultant services related to exploratory scoping for the Entrance to Aspen, between the City of Aspen and Jacobs Engineering Group, 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 12th day of November 2024. 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 November 12th, 2024. Nicole Henning, City Clerk 127 City of Aspen Project Number: 2023-218 Scope of Work - Task Order #1, Amendment #4 2 | P a g e a. Project Number: 2023-218 Scope of Work - Task Order #1, Amendment #4 3 | P a g e d. Project Number: 2023-218 Scope of Work - Task Order #1, Amendment #4 4 | P a g e ASSUMPTIONS: v. Materials prepared are related to this scope of work. vi. Project Number: 2023-218 Scope of Work - Task Order #1, Amendment #4 5 | P a g e d. Project Number: 2023-218 Scope of Work - Task Order #1, Amendment #4 6 | P a g e iii. 13 4 13 5 Change Order Form Revision 1/19/2024 Page 1 of 2 Change Order Form General Information Vendor Jacobs Engineering Group Inc Change Order Number 04 Date of Issuance 11/4/24 Project Name Castle Creek Bridge Investigative Study Project Number 2023-018 Reso: 2023-122 and 2024-063 (Change Order 2) Project Completion Date August 2024 Project Manager Jenn Ooton COA Account Code 000.327.81200.xxxxx.51578 Project Information Description Of Service Castle Creek Bridge Investigative Study Description Of Change Order  Develop traffic model compliant with CDOT standards  Conduct an origin and destination study  Determine a “Purpose and Need”, working with Council and stakeholders  Prepare a memo for EIS initiation  Prepare a NEPA scope of services and cost estimate Docusign Envelope ID: 9ECC7D90-446E-4C98-942D-22198985DE14Docusign Envelope ID: 090DA81D-1322-4717-81C7-2DE5CB74CE4F 136608 Change Order Form Revision 1/19/2024 Page 2 of 2 Contract Information Original Contract Amount $541,840.00 Previous Change Order(s) $683,219.25 Change Order Amount (If Over $100k Change Order To Be Presented To Council For Approval) $298,265.00 Final Contract Amount (Including All Change Orders) $1,523,324.25 Revised Completion Date December 2025 Signature 1. Contractor (Required) 2. Project Manager (Required) 3. Department Head (Required) 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 Docusign Envelope ID: 9ECC7D90-446E-4C98-942D-22198985DE14 11/5/2024 | 12:30:32 PM MST Docusign Envelope ID: 090DA81D-1322-4717-81C7-2DE5CB74CE4F 11/5/2024 | 1:54:08 PM MST 11/6/2024 | 9:02:54 AM MST 11/6/2024 | 10:41:14 AM MST 137609 MEMORANDUM TO: Mayor and City Council FROM: Mike Harrington, Executive Director, Wheeler Opera House THROUGH: Diane Foster, Assistant City Manager MEMO DATE: November 5, 2024 MEETING DATE: November 12, 2024 RE: Resolution #136, Series of 2024 – Professional Services Agreement for 2025 Aspen Laugh Festival Headliner REQUEST OF COUNCIL: Staff is requesting new budget authority from the Arts & Culture Fund to confirm a marquee headline comedian for the final night of the 2025 Aspen Laugh Festival on March 15, 2025. SUMMARY AND BACKGROUND: The Wheeler Opera House is the City of Aspen’s premiere venue for the presentation of performing arts events and community gatherings. In recent conversations, Council members have expressed a desire for the Wheeler to present “headline” performers, well-known artists who have a wide following and/or a notable body of work. There is an opportunity to do just that for the 2025 Aspen Laugh Festival. The Wheeler’s new Executive Director has initiated discussions with his professional network and has confirmed the availability and interest of one of the biggest names in comedy today. DISCUSSION: In general, the live performance industry is still struggling to rebound following the COVID shutdown. Audiences for some types of events are slowly returning but rising costs and inflation are slowing the recovery for most mid-size performing arts centers. Legacy acts and international superstars, on the other hand, are selling an incredible volume of tickets at record high ticket prices. Unfortunately, the Wheeler is currently experiencing its second shutdown in four years to address an outdated rigging system above the stage. While this update was much needed and will be a major improvement for the venue, the artists who perform there, and the audiences who attend – it also resets any momentum the Wheeler was gaining in rebuilding an audience base for its events. “Out of sight, out of mind” can be devastating for a live performance venue. The 2025 iteration of the Aspen Laugh Festival is an exceptional opportunity to make a statement about, and shine a spotlight on, The Wheeler’s role as Aspen’s premiere venue for live events. These performances, undoubtedly, will sell out. Building the festival, and the season, around an artist of this caliber will be an investment in building 138 awareness of the venue’s mission, buzz for all the events that take place there, and an appreciation for the beautiful historic building in an organic way that would be incredibly difficult to accomplish through any other singular effort. The announcement of this headliner, and other programming additions for Winter/Spring 2025, would occur simultaneously with the relaunch of an Insider program designed to provide priority and affordable access for residents of Aspen and members of its workforce that live in the vicinity. This program will be an evolution of the “Wheeler Wins” program that existed pre-COVID and will provide advance access to some of the best seats at the best prices, invitations to exclusive social events and performances, and opportunities to build community amongst local enthusiasts of live performance. Eligibility criteria for this program will mirror similar programs that are offered by other City departments. FINANCIAL IMPACTS: Across two performances in a single evening, with ticket prices at the scaling shown below, revenues are projected to recover a significant percentage of the event expenses. This revenue is achieved through a wide range of ticket prices starting at $75 and maxing out at $1,000. Locations of these various price points can be seen on the Wheeler Seating Chart in Exhibit C. ENVIRONMENTAL IMPACTS: There are no apparent environmental impacts related to this request. ALTERNATIVES: Council could decide it is not interested in entering into a contract with this Artist and the terms and conditions set forth in the agreement with Artist’s agent and Wheeler staff could explore other programming options more in line with the caliber of artist hosted in the past few years. RECOMMENDATIONS: Staff recommends Council approval for the City Manager to sign the contract confirming Artist’s participation as the headliner of the 2025 Aspen Laugh Festival by utilizing Fund 139 120 to launch a new era of world-class programming and exceptional live events at the Wheeler Opera House. CITY MANAGER COMMENTS: ATTACHMENTS: A. Professional Services Agreement with ML Booking Talent Agency B. Resolution #136 of 2024 C. Wheeler Opera House Seating Chart with color coded ticket scaling 140 RESOLUTION #136 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND MAJOR LEAGUE BOOKING TALENT AGENCY ON BEHALF OF THE ARTIST AND 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 performances at the Wheeler Opera House, between the City of Aspen and Major League Booking Talent Agency on behalf of the Artist, 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 performances at the Wheeler Opera House, 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 12th day of November 2024. 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, November 12, 2024. Nicole Henning, City Clerk 141 PRINZ: JS03152025 MAJOR LEAGUE BOOKING 1 ML Booking Talent Agency Rob Prinz 2049 Century Park East, Suite 1400 Los Angeles, CA 90067 (424) 238-1763 rprinz@mlbooking.com ɶ General Agreement made this November 5, 2024 between ("Lender") f.s.o. ("Artist"), on the one hand and the City of Aspen ("Purchaser"), on the other hand. Lender and Purchaser hereinafter are collectively referred to as the "Parties" and each individually as a "Party". In the event the Artist is contracting as an individual , without a loanout company, all reference to Lender shall be replaced with Artist. It is mutually agreed between the Parties as follows: The Purchaser hereby engages the Lender to provide the services of Artist and the Lender hereby agrees to cause Artist to furnish the entertainment presentation hereinafter described, upon all terms and conditions herein set forth, including those additional terms and conditions issued with this Agreement and attached hereto and made a part hereof 'Additional Terms and Conditions'. ɶ Engagement Details Artist: Date: Performance 1 & 2: Saturday, March 15, 2025 TIME: ● Performance 1: 6:00 PM ● Performance 2: 9:00 PM LOCATION: Wheeler Opera House / 320 E Hyman Ave, Aspen, CO 81611 SHOWS PER NIGHT: 2 Compensation Details, Payment Schedule, and Electronic Payment Details are set forth in Exhibit A. Contract: Buyer signed contract and rider due no later than ten (10) business days from date of issuance but must be prior to any announcement, advertisement, or on- sale. DUE DATE: No Later Than November 14, 2024 142 PRINZ: JS03152025 MAJOR LEAGUE BOOKING 2 ɶ Scale of Admission Performance 1-2: PERFORMANCE DATE: As listed under Engagement Details (page 1) Ticket Type #of Tickets Price/Ticket Gross by Type Less Comps Less Kills Total By Type P1 P2 P3 P4 Obstructed Boxes 126 154 81 106 14 20 $1,000.00 $350.00 $150.00 $75.00 $75.00 $280.00 $126,000.00 $53,900.00 $12,150.00 $7,950.00 $1050.00 $5,600.00 6 4 0 6 0 0 0 0 0 0 0 0 $120,000.00 $52,500.00 $12,150.00 $7,500.00 $1050.00 $5,600.00 Gross Performance Box Office: $206,650.00 (Less Comps and Kills): $198,800.00 Net Performance Box Office Per Show: $198,800.00 Additional Notes: ● Artist to receive six (6) P1 complimentary tickets per show. ● Emergency FOH to receive four (4) P2 complimentary tickets per show. ● Venue to receive six (6) P4 complimentary tickets per show. ● No Platinum or dynamic pricing without Artist’s prior written approval. TOTALS for 2 Performance: Total Gross Potential: $413,300.00 Total Net Potential: $397,600.00 ɶ Performance Details Performance 1 & 2: Saturday, March 15, 2025 Billing: 100% Top Billing and Will Close Show Event Capacity: 501 per show Sound Lights Information: Purchaser to provide and pay for first class sound and lights to Artist’s specifications Supporting Acts: Purchaser to pay for Artist supplied opener, TBD Doors Open: ● Performance 1: 5:00 PM ● Performance 2: 8:00 PM Show Time: ● Performance 1: 6:00 PM ● Performance 2: 9:00 PM Show Duration: Support Fifteen (15) Minutes / Headliner Sixty (60) Minutes Promoter Contact: Mike Harrington / mike.harrington@aspen.gov / 970-319- 1009 Advance Contact: Malia Machada / malia.machado@aspen.gov / 970-920-5773 Production Contact: Michael Baca / michael.baca@aspen.gov / 970-920-5785 Security Contact: Alex Glen / alex.glen@aspen.gov / 970-920-5784 143 PRINZ: JS03152025 MAJOR LEAGUE BOOKING 3 Box Office Contact: Ginger Kennington / ginger.kennington@aspen.gov / 970- 920-5771 ɶ Additional Clauses / Conditions RESTRICTIONS: *No food/beverage service will be provided to guests during performance. *No audio/video recordings of the performance are allowed. *There must be no "dance floor" or any other type of open area aside from seating areas in front or to the sides of the performance area. *All Artwork including Artist's name/likeness to be approved in writing in advance by Artist’s representative at ML Booking. TECH SPECS: Purchaser to provide floor plan of venue (to include placement of video screens) for approval by Artist’s management no later than 30 days in advance of engagement. Video Screens, if used, must be out of Artist’s view. INCLEMENT FORCE MAJEURE: The agreement of the Artists to perform is subject to proven detention by sickness, accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond his control. RIDER REQUIREMENTS: Purchaser to provide and pay for Artist rider requirements, including dressing room and catering, per Artist’s specifications. BILLING: All Artist billing for the performance, including, without limitation, font size, and positioning shall be subject to Artist’s prior written approval, and Purchaser shall not announce Artist’s performance prior to obtaining such approval. This provision is a material provision of this agreement. ADVERTISING/PROMOTION: All advertising, promotion, and/or publicity (including, without limitation, print/radio/internet/TV) is subject to Artist’s prior written approval. CANCELLATION: Purchaser agrees that Artist has the right to cancel its performance with no liability by giving written notice to Purchaser at least thirty (30) days prior to Artist’s performance date listed herein. In the event of cancellation, Artist shall return to Purchaser all funds paid under this Contract to Artist within thirty (30 days of cancellation. 144 PRINZ: JS03152025 MAJOR LEAGUE BOOKING 4 PRODUCTION: Purchaser to provide and pay for first-class sound, lights, staging, security, backline and monitors as per Artist’s specifications. HOSPITALITY/CATERING: Purchaser to provide and pay for hospitality and catering, including dressing room, per Artist specifications. REPRODUCTION OF PERFORMANCE: Unless approved, in writing, by Artist prior to the performance, absolutely no photography or recording (e.g., cameras, audio recording, video cameras, cell phone cameras, cell phone videos, etc.) (collectively, an"Unauthorized Recording") of any kind shall be permitted during the performance. In the event of an Unauthorized Recording, and at the request of the Artist, any patron violating this policy shall be immediately escorted from the venue and any Unauthorized Recording shall be immediately destroyed. Artist reserves the right to cease the performance in the event of an Unauthorized Recording, without any obligation of the Artist to continue the performance ; provided, however, that in the event Artist chooses to cease the performance in accordance with and due to a violation of this policy, Artist shall still be entitled to any and all compensation under this Agreement. Notice of this policy must be announced to the audience prior to the performance. If prior written consent from Artist has been obtained by Purchaser prior to the performance , Purchaser may videotape the audience during the performance for surveillance and security purposes, only to the extent permitted by law. Said surveillance videotape shall (1) not show or record the performance of Artist , (2) be used by Purchaser only for security purposes, and (3) not be used by Purchaser (or any other party) for any commercial or non-commercial purposes, except as may be expressly provided for in Artist’s written consent. Upon written request by Artist to Purchaser, all copies of the surveillance tape shall be promptly delivered by Purchaser to Artist. Notwithstanding the foregoing, Purchaser’s house photographer, after signing photo release form provided by Lender, shall be permitted to photograph the first three (3) minutes of Artist’s performance. TICKET COUNTS: Purchaser shall provide ML Booking with updated and accurate ticket counts and manifest (when requested) within 24 hours of Artist’s request. Automated ticket counts may be emailed to ticketcounts@mlbooking.com. SECURITY: Purchaser to provide First-Class Security (a combination of uniformed/plain clothes, armed/unarmed) for Artist for the duration of the event to Artist specifications as well as ensure that all guests and working personnel must pass through metal detectors or be wanded prior to entering the venue. SOUNDCHECK: Artist’s representation will be on-site day of the show to run through sound check and advise on use of IMAG and video screens. Video screens, if used, must be out of the Artist’s view. MEET & GREET: Purchaser requests that Artist participate in a fully contactless brief (10- 15 minutes max) photo opportunity with no more than twenty (20) of Purchaser’s VIP’s either before or after Artist’s performance, at Artist’s discretion. Details to be advanced with Artist’s representation as soon as possible, but no later than 2 weeks prior to the event, to verify all COVID-19 protocols are being followed. 145 PRINZ: JS03152025 MAJOR LEAGUE BOOKING 5 MEMORABILIA: Artist agrees to sign up to twenty (20) posters & thirty (30) copies of I Both to be purchaser-provided: must be advanced. Items are to be raffled at no additional cost to P1 ticket holders and not to be sold. EXCLUSIVITY: Artist guarantees that no appearance, performance, speech or other public or private performance shall be made by Artist during three (3) months before or three (3) months after the performance agreed to herein within a radius of sixty (60) miles of Aspen, CO without the prior written consent of Purchaser. ɶ Signatures BY: with a mailing address care of MAJOR LEAGUE BOOKING, LLC 2049 Century Park East, Suite 1400 Los Angeles, CA 90067 Tel: (424) 238-1763 Sara Ott, Aspen City Manager BY: City of Aspen 427 Rio Grande Place Aspen, CO 81611 970-920-5083 sara.ott@cityofaspen.com 146 PRINZ: JS03152025 MAJOR LEAGUE BOOKING 6 Notes: All copies of this contract and attached riders are to be signed and returned to MAJOR LEAGUE BOOKING, LLC. The above signatures confirm that the parties have read and approved each and all of the “Additional Terms and Conditions” set forth attached hereto and made part hereof, and of any rider, expense sheet, and/or addendum which may be annexed hereto. 147 PRINZ: JS03152025 MAJOR LEAGUE BOOKING 7 148 PRINZ: JS03152025 PG 1 ADDITIONAL TERMS AND CONDITIONS The parties hereto acknowledge that the following additional terms and conditions are incorporated in and made a part of the Agreement between the parties hereto: 1. Purchaser agrees to furnish at its own expense all that is necessary for the proper presentation of the performance(s) and rehearsals (if required by Artist), including without limitation a suitable theatre, hall or auditorium, well heated, lighted, and in good order, a level, stable and unobstructed stage, stage curtains, properly tuned (grand) piano(s) and public address system in perfect working condition including microphone(s) in number and quality as required by Artist, and private, comfortable, lighted and lockable dressing rooms with private restrooms; all stagehands, stage carpenters, electricians, electrical operators and any other labor as necessary and/or required by any national or local union(s) to take in, hang, work and take out the entertainment presentation (including scenery, properties, and baggage); all lights, tickets, house programs, all licenses (including, without limitation, musical performing rights licenses); security, ushers, ticket sellers for advance or single sales (wherever sales take place), ticket takers; appropriate and sufficient advertising and publicity , which may include bill-posting, mailing and distribution of circulars, display newspaper advertising in the principal newspapers, digital advertising and social media posts, and Purchaser shall pay all other necessary expenses in connection therewith. Purchaser agrees to pay all applicable local, state and/or federal rental, amusement, sales or other such taxes as required by law. Purchaser agrees to comply with all regulations and requirements of any national or local union(s) that have jurisdiction over any of the materials, facilities, services, and/or personnel to be furnished by Purchaser and/or by Lender. Purchaser agrees to furnish all necessary material and equipment and to comply with Artist 's directions to arrange the stage decor and settings for the performance hereunder. In addition to those musicians, if any, to be furnished by either Lender or Purchaser pursuant to any other provision hereof, Purchaser agrees to furnish at its sole expense such musicians, including musical contractor, as required by any national or local union(s) for and in connection with this engagement and any accompanying rehearsals; Artist shall have the right to name the local music contractor and to approve the choice of musicians hired locally. 2. Artist shall have the sole and exclusive control over the production, presentation, and performance of the engagement hereunder, including, but not limited to, the details, means and methods of the performances of the performing artists hereunder, and Artist shall have the sole right, as Artist may see fit, to designate and change at any time the performing personnel. Unless otherwise provided for under the Performance Details or Additional Clauses/Conditions of this agreement, the entertainment presentation to be furnished by Artist hereunder shall receive billing in such order , form, size and prominence as mutually agreeable or approved by Artist in all advertising , marketing and publicity issued by or under control of the Purchaser. 3. If Lender and/or Artist’s performance is prevented, materially interrupted, rendered impossible, unsafe, or unfeasible by an Act of God, any act or regulation of any public authority or bureau, civil tumult, labor difficulties, war conditions or emergencies, pandemic and/or epidemic, inclement weather (severe enough to create a threat to public safety and/or individuals present at the performance, based on the determination of local public authorities), interruption or delay in Artist transportation services , death, illness or accident to Artist or any of its immediate family or any 149 PRINZ: JS03152025 PG 2 other cause beyond the reasonable control of the affected Party (for any reason beyond Lender and/or Artist’s sole control each a “Force Majeure Event”), it is understood and agreed that the applicable performance shall be canceled, the Parties’ obligations shall be deemed waived, and there shall be no claim for damages by either Party. Upon the occurrence of a Force Majeure Event, Lender, shall hereunder within ten (10) business days of Lender’s receipt of Purchaser’s w- 9, return to Purchaser on Purchaser’s behalf, to the same bank account from which they were received all monies received by Lender from Purchaser, with the exception of any funds earmarked for travel and/or accommodations, or that have been spent on non-refundable travel and/or accommodations prior to such declaration of a Force Majeure Event. Purchaser shall promptly reimburse Lender in the event the foregoing expenditures were made prior to receiving any payment from Purchaser hereunder. Notwithstanding the foregoing, in the event of a Force Majeure Event, and Artist is ready, willing and able to perform, Lender shall be entitled to retain any of and/or be paid (as applicable) the entire fee. 4. Unless due to Lender’s uncured material breach of this Agreement or due to a Force Majeure Event , if Purchaser fails to perform any of Purchaser's obligations hereunder, or cancels or otherwise repudiates the above mentioned engagement, or reschedules or otherwise materially changes the terms of the engagement (e.g., time, location, payments, performance details, etc.) without Lender’s prior written consent, neither Lender nor Artist shall have any obligation to perform under this Agreement and Lender may , at its sole option, elect to cancel Artist’s performance upon notice to Purchaser at any time after such default, provided that Purchaser shall have five (5) business days upon notice of default to cure the breach prior to Lender exercising its right to cancellation. Notwithstanding the foregoing, Purchaser understands and agrees that its breach must be cured upon the earlier of five (5) days or prior to the Artist commencing travel to the Engagement. If cancellation is so elected, Lender, at its sole option, may elect to exercise all remedies then available at law, or retain and/or be paid as liquidated damages 100% of the fee, and Purchaser acknowledges and agrees that any deposits being held by MLB shall be immediately released to Lender and/ or Artist. The Parties to this Agreement understand and agree that the foregoing liquidated damages provision is not a penalty and constitutes a fair and reasonable measure of the damages to be suffered by Lender and /or Artist, which would otherwise be difficult if not impossible to ascertain . 5. Lender and Purchaser have, unless otherwise modified by the Artist rider hereto, agreed to the type, size, use and quality of the public address system to be furnished by Purchaser pursuant to paragraph 1 of these Additional Terms and Conditions. Purchaser understands and agrees that Lender, Artist or Artist's representative, in his/her sole discretion, may terminate this Agreement without liability of any kind, at any time prior to or during the actual performance of the subject entertainment presentation should said public address system not be the quality or type agreed to or should said public address system be otherwise than in perfect working condition. Should such termination take place hereunder, Purchaser shall be liable to Lender as set forth above in Paragraph 4.. 6. Unless otherwise expressly stated herein, Purchaser shall not itself, or authorize or permit a third party to, broadcast or televise, photograph, record or otherwise reproduce the performance hereunder, or any part thereof. Purchaser agrees that no performers other than those to be furnished by Lender hereunder will appear on or in connection with the engagement hereunder. Purchaser shall not have the right to assign this Agreement, or any provision hereof without 150 PRINZ: JS03152025 PG 3 Lender’s prior written consent . Nothing herein contained shall ever be construed as to constitute the Parties hereto as a partnership, or joint venture, or that Lender or Artist shall be liable in whole or in part for any obligation that may be incurred by Purchaser in Purchaser's carrying out any of the provisions hereof, or otherwise. 7. If Purchaser charges more than the agreed upon ticket price stated on the face of this contract (if so stated), or if more patrons than the agreed upon capacity are admitted into the venue, Purchaser shall promptly pay Lender 100% of the difference between (i) the contracted ticket price and amount of the actual ticket charge, and/or (ii) the contracted capacity and the actual number of guests admitted (per patron rate to be calculated at the median ticket price). 8. Purchaser, to the extent authorized under Colorado law, agrees to indemnify, defend and hold Lender, Artist, as well as their respective employees, representatives, attorneys, heirs, successors, assigns and agents, harmless from and against any claims, costs (including reasonable outside attorneys' fees), expenses, damages, liabilities, losses and/or judgments arising out of any claim, demand or action, to the extent arising out of or relating to (i) Purchaser’s breach of this agreement, (ii) the negligence or willful misconduct of Purchaser, its employees, parents, contractors, agents and/or permitted assigns, and/or (iii) the development, production, staging and/or exploitation of the performance and all elements therein. The parties hereto understand and agree that Purchaser is relying on and does not waive or intend to waive by this contract, the rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. section 24-10-101, et seq. as from time to time amended. Nothing contained herein shall be construed or interpreted as denying any remedy or defense available to Purchaser under the laws of the State of Colorado. This clause shall survive the expiration or termination of this agreement. 9. Purchaser agrees that the entertainment presentation will not be included in a subscription or other type of series without the written consent of Lender. Free admission, if any (except to local press), shall be subject to Lender's prior express written approval. In the event that Lender’s fee shall be based in whole or in part on receipts of the performance(s) hereunder: (a) the scale of the ticket prices must be submitted to and approved by Lender in writing before tickets are ordered or placed on sale; (b) Purchaser agrees to deliver to Lender a certified statement of gross receipts of each such performance within two (2) hours following such performance; and (c) Lender shall have the right to have a representative present in the box office at all times and such representative shall have the right to examine and make extracts (including by photograph) from box office records of Purchaser relating to gross receipts of this engagement only . In the further event that payment to Lender provides for expenses of the subject engagement to be borne, in whole or in part, by Lender, then Purchaser shall verify all such expenses by paid receipts, cancelled check or similar substantial documentation or they shall not be included as expenses deductible from Lender’s payment with respect to the subject engagement. 10. If prior to the date of Artist’s performance it is found the Purchaser has not performed fully its material obligations under any other agreement with any third party for another engagement or Lender reasonably believes that the financial credit worthiness of the Purchaser has been materially impaired or Purchaser has in any way repudiated any of its material obligations hereunder, Lender may demand adequate assurances by requiring 100% of the Lender’s fee as set forth under Engagement Details is promptly deposited in escrow to Artist’s agent. In the event Purchaser fails to provide such adequate assurances in the form of balance of payment within the 151 PRINZ: JS03152025 PG 4 Lender specified timeframe, such failure shall be a material breach of this Agreement, Lender may cancel this agreement, subject to the liquidated damages provision in paragraph 4 hereunder. 11. Purchaser is a local governmental entity and is part of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and carries general liability insurance with coverage amounts of up to $10,000,000. Purchaser agrees to obtain commercial general liability insurance naming Lender and Artist (including each individual member of Artist) as additional insureds with coverage of not less than $5,000,000 per occurrence (including contractual liability) to protect against any claim for death or personal injury arising from or in connection with the engagement. All coverage must be primary and not contributing to insurance coverage maintained by Lender. In addition, Purchaser shall maintain workers compensation insurance as required by applicable law. Upon request, but no later than fifteen (15) days prior to the applicable engagement, Purchaser shall supply Lender or its representative with a certificate of insurance (“COI”) evidencing all such coverage. The failure of Lender or its representative to request a COI shall not be a waiver of Purchaser’s obligation to provide the foregoing insurance. 12. The MLB issued Agreement, these standard terms and conditions, and the Artist rider constitute the sole, complete and binding agreement between the Parties hereto. This Agreement may not be changed, modified or altered except by an instrument in writing signed by both Parties. Purchaser hereby acknowledges and expressly agrees that Major League Booking acts only as booking agent for Artist, is not a party to this Agreement, and assumes no liability hereunder, including but not limited to any act of commission or omission on the part of either Lender, Artist or Purchaser. All liabilities, obligations and duties imposed upon MLB pursuant to this Agreement are imposed per MLB as agent for a disclosed principal and not as a principal itself. 13. Purchaser and Lender each agree that to the extent MLB is asked to hold any deposit in escrow or is otherwise instructed not to release the applicable funds, and MLB withholds such funds on said basis, such action shall not make MLB a party to the Agreement. Further, Purchaser and Lender (on behalf of itself and Artist) each agree that in no event shall Purchaser, Lender and/ or Artist name MLB in any action relating to the release of said monies, MLB shall have no liability with regard to same, and MLB shall be entitled to indemnity for all expenses and costs incurred, including attorneys’ fees, in connection with holding said monies in escrow pursuant to said request. 14. In the event Purchaser is required to pay for Artist travel and /or accommodations pursuant to this Agreement, Purchaser acknowledges and agrees that the amount of funds or deposits held in escrow by MLB, or funds earmarked for travel and/or accommodations, needed to purchase travel and/or accommodations of Artist may be released to Lender and /or Artist upon demand. 15. Artist shall have the sole and exclusive right, but not the obligation, to sell souvenir programs and other souvenir items including phonograph records in connection with, and at, the performance(s) hereunder and the receipts therefrom shall belong exclusively to Artist. Artist shall obtain a City of Aspen Business license and be repsonsible for all taxes imposed by the local jurisdiction if it elects to sell merchandise. 16. Purchaser and Lender acknowledges and agrees that the terms set forth in Exhibit A are confidential trade secrets, privileged information, and confidential commercial and 152 PRINZ: JS03152025 PG 5 financial information protected from disclosure pursuant to the Colorado Uniform Trade Secrets Act, C.R.S. §§ 7–74–101 to –110, C.R.S. and C.R.S. § 24–72– 204(3)(a)(IV), and Purchaser shall not disclose the terms set forth in Exhibit A to any third party unless compelled to do so by an order of a court of competent jurisdiction or approved by Lender in writing. If Purchaser receives a request (whether pursuant to a request under the Colorado Open Records laws, deposition, interrogatory, subpoena, civil investigation, or on any other grounds) to disclose any of the information in Exhibit A, the Purchaser shall immediately notify the Lender in writing of such request so that the Lender and Purchaser may (in Lender’s sole discretion) seek a protective order or other appropriate remedy and/or waive, in Lender’s sole discretion and provided such waiver is granted to Purchaser in writing, the Purchaser's compliance with the provision of this section. In the event Lender seeks a protective order or other appropriate remedy to prevent disclosure, then Purchaser and Lender agree to participate in and cooperate with each other in their efforts to prevent such disclosure. In addition, neither Purchaser nor Purchaser’s employees shall disparage Lender , Artist or any member of Artist. Purchaser shall not itself, or authorize or permit a third party to, release any public statements regarding Lender and/ or Artist without obtaining Artist’s prior written consent in each instance.” 17. Nothing in this agreement shall require the commission of any act contrary to law or to any rule or regulation of any union, guild or similar body having jurisdiction over the performance hereunder or any element thereof and wherever or whenever there is any conflict between any provision of this Agreement and any such law, rule or regulation shall prevail and this Agreement shall be curtailed , modified, or limited only to the extent necessary to eliminate such conflict. This Agreement shall be construed in accordance with the laws of the State of California . The parties agree to attempt to resolve any disputes through mediation. To the extent disputes arising out of this Contract remain unresolved after mediation, each of the parties hereto (a) irrevocably agree that the Federal Courts location in the State of Colorado if the claim is brought by Lender or the State of California if the claim is brought by Purchaser, as applicable, shall have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based on the Contract (b) submits to the jurisdiction and venue of such courts and (c) irrevocably consents to personal jurisdiction of such courts. 18. Purchaser will prepare all applicable Federal and State tax information returns including Federal form 1099-MISC, Federal form W-2, or Federal form 10425. In the event any taxes are withheld from Lender’s compensation , Purchaser shall provide Lender an official certificate of withholding within thirty (30) days of Artist’s performance. 19. THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS OR HER AUTHORITY TO BIND PURCHASER TO THIS AGREEMENT, AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT OF SAID PRICE IN FULL. 153 154 In addition, PURCHASER shall provide the following items in dressing room, at PURCHASER’S sole cost and expense, at least (30) minutes prior to show time: Dressing Room Catering for x 1 Bottle of PURRELL! x Bottled Water (NO EVIAN) on ice; Voss, Fiji x 6 Small bottles of Perrier x Hot Tea | Assortment of teas x Lemon and Honey for Tea x Bucket of Fresh Ice x Spearmint Sugarless Gum x Altoids Mints (Cinnamon and Wintergreen) x 1 Package of Dental Floss (Glide) x 1 Small Tube of Crest Toothpaste x 1 Regular Chapstick x 1 New Hairbrush x 1 New Comb x 1 Box of Kleenex Suite: x Ample Amount of Bottled Water (Fiji or Voss) x 6 Small bottles of Perrier x Fresh Fruit Tray x Bowl of Mixed Berries x Bowel of Mixed Nuts x Large pot of Coffee with Half and Half and sugar on the side x Real Glass, Silverware, China, and Napkins Page 2 of 8 155 Page 3 of 8 7) TECHNICAL REQUIREMENTS: (a) PURCHASER agrees to furnish ARTIST with lights, sound & state of the art equipment as required at no cost to ARTIST. PURCHASER agrees to supply two (2) follow spots with (2) operators for the performance. No robotic spotlights to be used. In view of the primary importance of the sound quality to the ARTIST’S performance hereunder, PURCHASER agrees to furnish at PURCHASER’S sole cost and expense, a complete high fidelity state of the art sound reinforcement system for the benefit of the audience. PURCHASER agrees to furnish, at PURCHASER’S sole cost and expense, a qualified sound engineer (in addition to the lighting engineer) to oversee the sound system during set up and to operate it during the show. PURCHASER agrees to furnish, at PURCHASER’S sole cost and expense, a qualified lighting engineer (in addition to the sound engineer) to oversee the lighting system during set up and to operate it during the show. Sound and lighting boards shall not be operated by the same technician. No sound monitors are required and none should be placed on or in front of the stage. The sound system shall be set up in a manner to provide even coverage throughout entire seating venue. The system must be capable of producing a sound level of 95db SPL at the house mix position with a frequency response of =/.3db from 80 Hz to 15k Hz. The sound system must use 1/3 octave EQ’s located at the house mix position and accessible to the sound engineer to make necessary adjustments. Microphone to include: a) Once downstage microphone on a straight stand with a round-base – SM58 preferably. Microphone shall have enough cable so the ARTIST can work the entire stage. b) One backup microphone (SM58) and one offstage announce microphone, preferably with an on/off switch (SM58). Each mic should be on a straight stand with a round-base and shall have cable so that ARTIST can work the entire stage. No wireless microphones please. All lighting and sound equipment must be operative and set up substantially prior to performance, i.e., no later than one (1) hour prior to the house opening to the attendees. 156 157 Page 5 of 8 12) LIABILITY: To the extent authorized by Colorado law, except as otherwise herein specifically provided, PURCHASER hereby assumes full liability and responsibility for the payment of any and all costs, expenses, charges, losses, liabilities, and damages related to or based upon the presentation or production of the show or shows in which ARTIST is to appear. The parties hereto understand and agree that Purchaser is relying on and does not waive or intend to waive by this contract, the rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. section 24-10-101, et seq. as from time to time amended. Nothing contained herein shall be construed or interpreted as denying any remedy or defense available to Purchaser under the laws of the State of Colorado. This clause shall survive the expiration or termination of this agreement. 13) FAILURE TO FULFILL OBLIGATIONS: Each one of the conditions of this contract is of the essence of this agreement and necessary for ARTIST’S full performance hereunder. In the event PURCHASER refuses or neglects to provide any of the items herein stated, and/or fails to make any of the payments as provided herein, ARTIST shall have the right to refuse to perform under this contract, shall retain any amounts theretofore paid to ARTIST by PURCHASER, and PURCHASER shall remain liable to ARTIST for the agreed price herein set forth, provided that PURCHASER shall have five (5) business days to cure any breach after notification. Notwithstanding the foregoing, PURCHASER understands and agrees its breach must be cured upon the earlier of five (5) business days or prior to ARTIST commencing travel to the Engagement. In addition, if on or before the date of any scheduled event, PURCHASER has failed, neglected, or refused to perform any contract with any other performer for any earlier engagement, or if the financial standing or credit of PURCHASER has been impaired or is in the ARTIST’S opinion unsatisfactory, ARTIST shall have the right to demand the payment of the guaranteed compensation forthwith, and if said funds are not paid forthwith, ARTIST shall have the right to cancel this engagement by notice to PURCHASER to that effect, and in such event ARTIST shall retain any amount theretofore paid to ARTIST by PURCHASER. 14) MODIFICATION OF CONTRACT: It is understood and agreed that the contract may not be changed, modified, or altered, except by an instrument in writing, signed in accordance with the laws of the State of California. This contract may not be assigned, or changed, modified, or altered except by an instrument in writing signed by the parties. Nothing in this agreement shall require the performance of any act contrary to the law or the rules or regulations of any union, guild, or similar body having jurisdiction over services of ARTIST or over the performances hereunder. Whenever there is any conflict between any provisions of this contract and any law, or any such union, guild or similar body, such law, rule or regulation shall prevail, and this contract shall be modified to the extent necessary to eliminate such conflict. This is the sole and complete agreement between the parties with respect to the engagement. Nothing in this contract shall be construed to constitute the parties as a partnership or joint venture, and ARTIST shall not be liable in whole or part or in part for any 158 Page 6 of 8 obligation that may be incurred by PURCHASER in carrying out any of the provisions hereof, or otherwise. 159 15) INDEMNIFICATION: (a) To the extent authorized by Colorado law, PURCHASER agrees to indemnify and hold harmless ARTIST and its employees, representatives, officers, directors, shareholders, contractors, and/or agents (“Released Parties”) from and against any claims, costs (including actual attorneys fees and court costs) expenses, damages, liabilities, losses or judgments arising out of, or in connection with, any claim, demand or action made by any third party, if such are sustained as a direct or indirect consequence of the engagement. (b) To the extent authorized by Colorado law, PURCHASER shall also indemnify and hold harmless Released Parties from and against any and all loss, damage and/or destruction occurring to and/or its employees’, contractors’, or agents’ instruments and equipment at the place of the engagement, including, but not limited to damage, loss or destruction caused by an Act of God, etc. 16) TAXES: PURCHASER shall pay and hold ARTIST harmless of and from any and all taxes, fees, dues and the like relating to the engagement hereunder and the sums payable to ARTIST shall be free of such taxes, fees, dues and the like. 17) CHOICE OF LAW/FORUM: This agreement shall be deemed made and entered into the State of California and shall be governed by all of the laws of such State applicable to agreements wholly to be performed therein.. 18) INSURANCE: (a) PURCHASER is a local governmental entity and is part of the Colorado Intergovernmental Rish Sharing Agency (CIRSA) and carries general liability insurance with coverage amounts up to $10,000,000. PURCHASER agrees to provide compensation and general liability insurance (including, without limitation, coverage to protect against any and all injury to persons or property as a consequence of the installation and/or operation of the equipment and instruments provided be ARTIST and/or its employees, contractors or agents). Such liability insurance shall be in the amount required be the venue, but not less than $5,000,000.00 combined single limit for bodily injury and property. ARTIST and its agent, ML Booking shall be listed as additionally named insured under such insurance and this shall be indicated on the pertinent certificate of insurance. (b) PURCHASER agrees to provide a policy of Workers Compensation covering all of PURCHASER’S employees or third party contractors. PURCHASER further agrees to provide full all-risk insurance coverage for all equipment and instruments provided by ARTIST and/or its employees, contractors and agents against fire, theft, vandalism, riot or any other type of act or event causing harm or damage to, or loss of, the instruments and equipment so provided. Page 6 of 8 160 161 Price Level Quantity Notes P1 126 P1* 51 Available to Insiders at P4 pricing P2 154 P3 81 P4 55 Boxes 2 Available for Groups of 10 Obstructed 14 162 1 REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 22, 2024 Mayor Torre called the meeting to order at 5:00 p.m. with Councilors Doyle, Hauenstein, and Rose present. Councilor Guth joined via Zoom. CITIZEN COMMENTS: Rachel Richards – Ms. Richards complimented Council on choosing to start the NEPA process. She also brought up the upcoming EOTC meeting and feels 45 minutes on the agenda isn’t enough to discuss future processes. She is hoping for a very interactive and open process AND speaking to people from down valley taking the buses into town every day. Francis Stuckins – Mr. Stuckins said he is pleased to read in the paper the design changes to the Armory. He is continuing to pursue the idea of a cannabis consumption lounge. He has the license application ready to go. He commended CCY on their design. Dr. Tom Lankering. Dr. Lankering said he is here speaking again about fluoridation in water. He has spoken with different staff since he was here, and they are moving forward to reviewing the water quality. Fluoride is an unreasonable risk. Stay congruent with your mission statement. Mike Pritchard – Mr. Pritchard said he is here with the Roaring Fork Mountain Bike Association. He is here to speak about the Aspen Skills Trail at Marolt Thomas Open Space. Thanks for taking time to review this project. We do understand the concerns, however. They do appreciate the city’s support and financing for this. Councilor Guth asked for clarity on why other locations won’t work. Mr. Pritchard said they have looked at the terrain and topography of other locations and it won’t work. If ski co was involved, it would become a different charge as well. Renea Menzies – Ms. Menzies said she is an artist here in town and has some concerns about Truscott. She moved in 6 years ago. Shortly after, she reported leaking from a sky light. She was told it was a humidity problem. Now she has black mold. She has been sick since she moved into the unit. She spent $5000 of her own dealing with this. She has also reached out to Torre directly. Mayor Torre said they have their APCHA director, Matthew Gillen, in the room tonight. Ms. Menzies said she has been in contact with Julie at APCHA as well. Mayor Torre asked if this is an item for the APCHA board or what would be the next step. City Manager, Sara Ott, said remediation needs to continue. We have been in the unit, and this isn’t really an APCHA board item. This has not been exhausted with our property manager yet. Ms. Menzies said it’s concerning to her that the maintenance people on site are telling people she is boiling pots of water and causing this issue on purpose. It’s an issue that they are covering up. Mayor Torre suggested that she speak withMr. Gillen for a bit. Councilor Guth requested weekly updates on this. Councilor Hauensteinasked if Mr. Gillen could report back on the other Truscott units as well. He also suggested a third-party assessment. Sara said there have been assessments. She also wants majority direction to provide weekly updates. 163 2 REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 22, 2024 Councilor Hauensteinsaid he is comfortable with an APCHA report. Councilors Rose and Doyle supported. Toni Kronberg – Ms. Kronberg said she agrees with Rachel that the EOTC meeting doesn’t have enough meat to it. She spoke about the traffic on 82. She spoke about why EOTC was formed. She is disappointed with the agenda. Mayor Torre said the agenda was prepared by the county. And she is welcome to submit public comment again at that meeting. COUNCILMEMBER COMMENTS: Mayor Torre mentioned the Maroon Creek Trail ribbon cutting on October 29 th from 4-6:00 p.m. Everyone will meet at the ARC campus. Bring your bikes and family. Also, the Cultural Vibrancy Fellowship applications are open. This provides funding for artists to support their creative endeavors. Kids First are accepting applications for new kids and financial aid. Go to their website on aspen.gov. AGENDA AMENDMENTS: None. CITY MANAGER COMMENTS: Ms. Ott mentioned an open house next Wednesday from 5-7 p.m. at the Dunaway room at the library. It is the Kick-off to update the land use plan for Pitkin County. This will affect the caucus area. There is also a survey you can take on their website. She attended Mountain 2030 last week with John and she found it an interesting presentation by James Rattling Leaf, Sr. He spoke about the reconciliation process with indigenous populations. We could possibly push for this as a council goal in the future. She got to know the mayor of Whistler and had a lot of commonalities. Councilor Doyle also spoke about the Mountain 2030 Summit. He spoke about the drive and a range shrouded in haze by a forest fire on the way to Jackson. They spoke about the impacts of loss of tourism dollars and health. He also spoke about municipalities divesting from four major banks. Councilor Hauenstein said the last APCHAmeeting was about board incentives. People retiring will be incentivized to move out. Mayor Torre said he hopes they aren’t just trying to get rid of longtime locals. He hopes there are solutions for everyone. Councilor Rose said he attended NWCOG, and they spoke about elevators. CONSENT CALENDAR: Councilor Rose motioned for consent; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. FIRST READING OF ORDINANCES: Ordinance #19, Series of 2024 – Section 25.12.095 Utilities Updates – Water Service Line Requirements – Justin Forman & Tyler Christoff Councilor Hauensteinmotioned to read; Councilor Rose seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. City Clerk, Nicole Henning, read the ordinance. 164 3 REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 22, 2024 Mr. Forman introduced the item and said this proposed ordinance brings Aspen into compliance with lead and copper requirements. Councilor Rose motioned to approve; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. PUBLIC HEARINGS: Ordinance #18, Series of 2024 – Amending the City’s Tax Code – Pete Strecker Mr. Strecker introduced the item. Mayor Torre opened and closed the public hearing. Councilor Rose motioned to approve; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. ACTION ITEMS: Mayor Torre and City Attorney, James R. True, recused themselves. Mayor Pro Tem, Doyle,will lead the meeting with Assistant City Attorney, Kate Johnson, presenting. Ms. Johnson spoke about the last regular meeting when councilor Hauenstein motioned for a call up on the Crystal Palace item which HPC had recently approved. The vote on that item was 2-2. She has been asked as to whether we can reconsider this item or call it up. She said either Councilmember Rose or Guth can make a motion to reconsider which would allow them to bring this back as a call up. The only two that can make the motion for reconsideration is Councilor Guth or Rose. Councilor Guth motioned to direct staff to call up the HPC approval. Ms. Johnson said his motion should be to reconsider the previous vote. Councilor Guth motioned to reconsider the prior vote concerning HPC’s approval; Councilor Hauenstein seconded. Councilor Rose said he reconsidered due to the HPCmember who missed the vote on a Jewish holiday. There never should have been a meeting that night in his opinion. Since getting feedback from HPC, he wishes the process was a little simpler. He will support calling this up, however. Councilor Guth said that HPC member Sam mentioned, did bring this issue up to him personally and he wishes they would have been able to deal with it then. He does feel that HPC makes good decisions. He wants to remand this back to HPC for all members to participate. Ms. Johnson said this vote is just for notice, and not for call up. Councilor Hauenstein said he appreciates reconsidering this issue. It’s regretful that the meeting took place on a Jewish holiday. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes. 4-0, motion carried. Ms. Johnson said we need a vote to place the item under notice of call up on the next agenda. Councilor Hauensteinmotioned for notice of call up; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes. 4-0, motion carried. Mayor Torre and Mr. True returned to the meeting. 165 4 REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 22, 2024 EXECUTIVE SESSION: Mr. True introduced the executive session to discuss the City Manager’s review. Councilor Hauensteinmotioned to move into executive session; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried at 6:21 p.m. where they moved into Electric Pass and adjourned the meeting. ______________________ City Clerk, Nicole Henning 166 1 SPECIAL MEETING ASPEN CITY COUNCIL NOVEMBER 4, 2024 Mayor Torre called the meeting to order at 2:00 p.m. with Councilors Doyle, Hauenstein, Rose, and Guth present. CITIZEN COMMENTS: None. EXECUTIVE SESSION: City Attorney, James R. True, introduced the executive session items. Councilor Hauenstein motioned to move into executive session; Councilor Guth seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried at 2:04 pm. Council retreated to Electric Pass for the executive session and adjourned there. ______________________ City Clerk, Nicole Henning 167 Page 1 of 4 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov Memorandum TO: Aspen Historic Preservation Commission FROM: Ben Anderson, Community Development Director MEETING DATE: November 12, 2024 RE: Call-Up Notice 300-312 E. Hyman, previously known as the Crystal Palace HPC Approval of a Substantial Amendment Applicant/Owner: 312 East Hyman, LLC, 625 E. Main Street, Unit 102B, #401, Aspen, CO 81611 Representative: BendonAdams, LLC Address: 300-312 E Hyman Ave. Legal Description: Crystal Palace Subdivision, formerly: Lots K, L, M, Block 81, City and Townsite of Aspen Parcel Identification Number: 2737-073-38-009 Current Zoning & Use: CC - Commercial Core – Approved as a 20-room lodge with a restaurant. Process Summary: The HPC approval granted at the October 2nd, Special Meeting was not an approval type that requires automatic Call-Up Notice to City Council. At the Regular City Council Meeting on October 22nd, in a 4-0 vote, City Council provided direction to provide Notice of Call-Up at their next regular meeting, per authority granted in 26.415.120.C. Notice of Call-Up is not a public hearing and Council’s action is limited to consideration of Council desire to “Call-up” HPC’s approval. If so, an agenda item will be created at the next City Council Regular meeting (November 19th) to consider HPC’s approval de novo in deciding whether to remand HPC’s approval back for further consideration and restudy. Staff Recommendation: Staff takes no position. Figure 1. Current Conditions at 300-312 E. Hyman. 168 Page 2 of 4 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov BACKGROUND: On October 2nd, during a publicly noticed Special meeting, and in a 4-3 vote, The Historic Preservation Commission (HPC) approved the application submitted by the applicant for a substantial amendment to a previous project approval. The approval was unusual in that staff had strongly recommended that the only actions that HPC should take that night was to provide clear direction to the applicant about commission desires for a path forward for the project – and to continue the meeting to November 13th for a more typical staff recommendation and consideration of review criteria and a proposed Resolution. At the October 2nd meeting, a motion of approval was made to approve the application as submitted for a Substantial Amendment. The approval vote was made without a supporting Resolution and without findings on specific review criteria, which is unusual. It was staff’s desire in recommending the continuation that with specific direction from the HPC, staff could work further with the applicant in landing on design outcomes that would treat the remaining resource (the west wall and mural) appropriately, while acknowledging and navigating the project’s many complexities. Ultimately, staff and the applicant are aligned in finding mutually agreeable outcomes that would allow the project to move forward. SUBSTANTIAL AMENDMENT PROVISIONS: The following changes are included in HPC’s substantial amendment approval: 1) The deconstruction of the remaining portion of the West Wall. As proposed, salvaged and stable bricks would be reconstructed into a central panel on the first level of a new west wall. The mural would be replicated within this reconstructed panel – a different dimension from the current mural. 2) A unified architectural treatment across the south and west facades that differs significantly from the previously approved design. This includes new architectural design features including significant changes to fenestration. 3) A change at the northwest corner of the building - that removes an inset portion of the exterior wall. In the existing approvals, this inset was intended to demarcate the extent of the original west wall from new construction. See the previous and approved design of the west façade below. 169 Page 3 of 4 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov Previous Design – South Facade Approved Design – South Facade Previous Design – South Facade Approved Design – South Facade Rendering – Approved Design 170 Page 4 of 4 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov 4) Changes to the elements of the top-most level of the building. While the changes are likely insignificant, compliance with the approved height of the building (which is 12 feet taller than now allowed by the current code) has been a frequent topic of review as the project has moved through different design iterations and building permit issuance. 5) Minor changes to the interior layout. As a consequence of these minor programming changes and the floor area related to the inset described above in #3, there would be minimal changes to interior floor area calculations (commercial, lodge net livable, etc.). On initial evaluation, these dimensions appear to be consistent within the parameters of previous approvals and would be verified during further building permit review. STAFF RECOMMENDATION: While staff was surprised by the approval granted by HPC and is concerned that the absence of a Resolution raises questions about the details of what was approved in the amendment, staff is not taking a formal position on a recommendation related to notice of Call-up. On one hand, if Council were to eventually remand the decision back to HPC, it may bring clarity of process to what is currently unclear. On the other hand, it would certainly require additional time and could raise questions about the status of the current approval, if HPC were to alter its position. Staff is very sensitive to community sentiment about this project – and particularly the concerns about the remaining west wall and the iconic mural. Staff is also desirous, as is the applicant and many community members to allow the project to move again toward completion in what has already been an unacceptable construction timeline. Most important to staff’s position is the applicant’s stated willingness to work with staff and the project’s HPC monitors, to further refine and define treatment of the remaining portion of the west wall and the mural to better align with the intentions of the original approval and community desires – and importantly establish a preservation plan for remaining historic brick and the mural as is possible. While the specific outcomes of these final designs and the process to get there are uncertain, staff believes that the applicant is approaching this work in good faith. In short, staff takes no position on Call-up. ATTACHMENTS: Exhibit A – Staff Memo – HPC Special Meeting on October 2, 2024 Exhibit B – Minutes of HPC’s Special Meeting on October 2, 2024 Exhibit C – PreApplication Summary – this provides additional clarity on the history and status of the project Exhibit D – Revised Application – dated September 25, 2024 – project narrative and important attachments Exhibit E – Preservation Plan associated with original approval – details initial preservation elements 171 Page 1 of 7 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov Memorandum TO: Aspen Historic Preservation Commission FROM: Ben Anderson, Community Development Director MEETING DATE: October 2, 2024 – Special Meeting RE: 300-312 E. Hyman, previously known as the Crystal Palace Substantial Amendment, PUBLIC HEARING Applicant/Owner: 312 East Hyman, LLC, 625 E. Main Street, Unit 102B, #401, Aspen, CO 81611 Representative: BendonAdams, LLC Address: 300-312 E Hyman Ave. Legal Description: Crystal Palace Subdivision, formerly: Lots K, L, M, Block 81, City and Townsite of Aspen Parcel Identification Number: 2737-073-38-009 Current Zoning & Use: CC - Commercial Core – Approved as a 20-room lodge with a restaurant. Summary: The applicant requests to revise the exterior façade of 300/312 E. Hyman through a substantial amendment to previous HPC approvals. Most notable are proposals for an alternative treatment of the remaining portion of the historic west wall and a significantly redesigned architecture. Additional changes are proposed for the upper level – fenestration and materials, and floor plan, and minimal changes to the internal programming in the lodge and restaurant spaces. Staff Recommendation: Staff recommends continuation of the substantial amendment review. Staff additionally suggests that HPC provide specific direction in response to the proposed amendment in relationship to previous approvals. Figure 1. Current Conditions at 300-312 E. Hyman. 172 Page 2 of 7 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov BACKGROUND: Like many aspects of Aspen, the former Crystal Palace building in this location holds a great deal of romantic significance for both residents and visitors. It was an important building in terms of the town’s architectural fabric, but this sentiment was further extenuated by the great memories of the activities that happened inside the building. Additionally, the Owl Cigar mural is an iconic graphic that remains in the collective imagination of Aspen’s past and present. When the most recent redevelopment of this property was approved in 2017, there was a strong desire – expressed in the approvals (listed below and attached as exhibits) to do as much as possible to preserve and incorporate the remaining historic fabric into the new building. A significant construction project in the 1970’s had transformed the original Victorian-era building. The previously approved Preservation Plan (included as Exhibit C) provides images of this transformation and described the plan for treatment of the historic material. The 2017 approvals used the information that was held at the time in creating an assumption that the south and west façade both had extensive elements and materials from the original building. The east and north facades were clearly a product of the 1970’s and were approved for demolition and reconstruction. Soon into construction, it became evident that historic materials on the south façade (along Hyman) were substantially absent. It was allowed to be demolished and construction based on Building Permit 0092-2017-ACBK (issued in June 2019) proceeded as approved to its current state. The 2017 approvals clearly described the treatment of the remaining portion of the west façade. As construction advanced, further investigation of the west wall identified concerns with this façade: 1) a portion of the wall was located in City right-of-way; 2) the sandstone foundation was not suitably stable; 3) the wall itself – both brick and mortar showed signs of instability. These conditions were observed by City HP staff and by 3rd party experts hired by the applicant. Additionally concerning, closer examination of the brick and mortar showed evidence of both Victorian and 1970’s material and method mixed throughout the wall. There is no disagreement between the applicant and staff on these aggregate concerns related to the west wall. While the building permit remains active and in good standing, substantial progress on completing the building has stalled. There are a few reasons for this, but certainly prominent is a need to identify an alternative treatment for the west wall. Historic preservation outcomes must be navigated and appropriate solutions identified, but it should also be considered that this partially completed construction project inhabits a very prominent location in the heart of downtown Aspen. Acknowledging the complex path that this redevelopment project has been on, staff and the applicant are unified in desiring to find solutions in moving the project forward. 173 Page 3 of 7 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov History of Land Use Approvals and Building Permits Ordinance #15, Series of 2015 – Limited to a lot merger that created the 9000sf lot that defines the project. HPC Resolution #9, Series of 2016 – HPC Major Development – Conceptual HPC Resolution #4, Series of 2017 – HPC Major Development – Final HPC Resolution #7, Series of 2017 – HPC Growth Management Approval Notice of Approval, 2020 – An Insubstantial Amendment that approved interior changes and exterior architectural modifications that were approved by the monitoring committee. The result of this approval contains the “approved” exterior architecture. Building Permit – 0092-2017-ACBK; This permit is a “core and shell” permit that typically allows for the excavation, foundation, structural frame, floor plates and roof, and mechanical rough-ins. Often this goes as far as “white box” condition on the interior. This permit remains active and in good standing. REQUESTS OF HISTORIC PRESERVATION COMMISSION (HPC) HPC is asked to review the application (revised application from September 25, 2024) as a Substantial Amendment – 26.415.070.E.2. PROPOSED AMENDMENT: The following changes are proposed by the application: 1) The deconstruction (demolition?) of the remaining portion of the West Wall. As proposed, salvaged and stable bricks would be reconstructed into a central panel on the first level of a new west wall. The mural would be replicated within this reconstructed panel. 2) A unified architectural treatment across the south and west facades that differs significantly from the approved design. This includes new architectural design features including significant changes to fenestration. Approved Design – South Facade Proposed Design – South Facade 174 Page 4 of 7 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov 3) A change at the northwest corner of the building that removes an inset portion of the exterior wall. In the existing approvals, this inset intended to demarcate the extent of the original west wall from new construction. See the approved and proposed design of the west façade, above. 4) Changes to the elements of the top-most level of the building. While the changes are likely insignificant, compliance with the approved height of the building (which is 12 Approved Design – South Facade Proposed Design – South Facade Rendering – Proposed Design 175 Page 5 of 7 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov feet taller than now allowed by the current code) has been a frequent topic of review as the project has moved through different design iterations and building permit issuance. 5) Minor changes to the interior layout. As a consequence of these minor programing changes and the floor area related to the inset described above in #3, there would be minimal changes to interior floor area calculations (commercial, lodge net livable, etc.). On initial evaluation, these dimensions appear to be consistent within the parameters of previous approvals and would be verified during further building permit review. STAFF COMMENTS: The situation that this project finds itself in – and that current staff and HPC find themselves involved in is far from ideal. A designated property in the district was given a thorough vetting under previous approvals with well-intentioned preservation outcomes that navigated the realities understood at the time. Some of those realities have shifted the project even further away from the desired outcomes as we came to understand more about the building and the integrity and quality of the remaining historic material. The question is: “What do we do from here?” Treatment of the West Wall Staff and the applicant are in agreement that the west wall that remains as the only remaining element from the Crystal Palace requires an alternative treatment than that described in their existing approvals. Portions of the wall are in the right-of-way, and the foundation and wall have significant issues related to structural integrity. These conditions must be given a path to resolution. In staff’s view, the proposed treatment of the west wall in the amendment application is not consistent with the letter or intent of previous approvals. There is a fair conversation to be had about the remaining Victorian-era integrity of the wall. Absent a determination (through an approval granting Demolition or a full Delisting of the property) that the wall is no longer a designated structure, the intentions of the previous approvals should be maintained. Put simply: • As much of the original brick and foundation should be maintained in as close to its current location as is possible. • The approved linear extent of the wall should be maintained – with interior brick or new brick used as necessary to complete the extent of the wall. 176 Page 6 of 7 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov • The current wall is three wythes thick, staff supports a thickness of one wythe in the final condition of the rebuilt wall to acknowledge that some quantity of the brick is not usable, nor historic. • The mural should remain in its current location. It is painted with lead paint and it is realized that it will be disrupted and will need to be re-established as necessary. New Architectural Design As a standalone design, absent previous consideration and approval, the proposed building would be a fine addition to Aspen’s downtown. Staff agrees that it references other patterns found in the District (particularly neo-classical forms and elements) and broadly meets Historic Preservation Design Guidelines for new construction and Commercial Design Guidelines. However, staff has a few concerns: • The previously approved architecture very intentionally created design distinction in the new construction between the western most element and that of the eastern two-thirds of the front façade. The fenestration and material arrangement was meant to connect to and compliment the west façade – and generally reference proportions of earlier construction. By having a unified architecture across the project, this distinction is completely lost. Staff certainly understand the architectural intentions of the proposed design but feels that it drifts from this clear aspect of earlier approvals. • Previously mentioned, the approved design used an inset in the wall plain on the northern corner of the west façade to indicate and accentuate the extent of the remainder of the historic wall. The proposed design loses this distinction. • On close view of the floor plans, it appears that a few “windows” are not windows in a normal understanding of windows – in that they do not actually create openings into the interior. If a project has features that appear as windows, they should also function as windows. Staff needs more information to understand this condition more fully. • On the east façade, that is new construction, and has been approved as new construction, staff needs more information on the exterior treatment. While only a small portion of the façade is visible above the adjacent building (the former Mother Lode), the design is unclear. • On the roof, and the top level of the building, changes are proposed. It may be just a case of imprecise drawings, but several elements appear to have gotten taller and more of the rooftop features appear to pop up above the maximum height. Under no case are new, proposed elements of the building allowed to exceed the approvals and stipulations in the land use code. Staff needs more information on these changes. 177 Page 7 of 7 427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5000 | aspen.gov Internal programming changes and floor area adjustments Staff finds these to be consistent with previous approvals and does not have concerns on this topic. RECOMMENDATION: Staff strongly recommends that HPC continue the hearing to a future date certain – after providing the applicant with clear direction on the proposed amendment and a path forward. Staff believes there are a few possible outcomes, including: 1) Support for new the proposed architecture and treatment of the west wall as included in the application. In this case, staff does believe that findings on the criteria for Demolition or Delisting would be necessary to justify this decision. 2) Support for the new proposed architecture but require an alternative to the proposed treatment of the west wall and mural. The applicant would need specific direction on what HPC would be willing to support. Depending on the direction, demolition may still be a consideration. 3) Support the previously approved architecture but allow for the alternative treatment of the west wall as described in the Staff Comments section above. All things being equal, this is the option that staff most supports. 4) Support the previously approved architecture but allow for the elimination of the inset on the west wall and the alternative treatment of the west wall as described in the Staff Comments section above. For all four of these options (or other possible options), staff would need additional information – identified above – before offering support. **Staff has intentionally not provided a Resolution as it is staff’s view that regardless of HPC’s direction, additional information is needed to fully build out the components of a draft document. ATTACHMENTS: Exhibit A – PreApplication Summary – this provides additional clarity on the history and status of the project Exhibit B – Revised Application – dated September 25, 2024 – good narrative and important attachments Exhibit C – Preservation Plan associated with original approval – details initial preservation elements 178 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 2ND, 2024 Chairperson Thompson opened the regular meeting of the Aspen Historic Preservation Commission at 4:30pm. Commissioners in attendance: Roger Moyer, Barb Pitchford, Peter Fornell, Kim Raymond, Dakota Severe, Riley Warwick and Kara Thompson. Absent was Jodi Surfas. Staff present: Gillian White, Principal Preservation Planner Stuart Hayden, Planner - Historic Preservation Ben Anderson, Community Development Director Kate Johnson, AssistantCity Attorney Mike Sear, Deputy City Clerk MINUTES: None PUBLIC COMMENTS: Ms. Natalie Feinberg-Lopez commented that today was Rosh Hashanah and that it was not typical to have a meeting on this holiday. She also noted that an HPC member was not in attendance because of it and felt that person’s voice was not being treated as equal for this meeting. She also felt that because of the holiday, there was a certain portion of the community that would not be able to participate in the meeting, which was infringing on their 1st Amendment rights as well as freedom of religion. She felt this was a great disappointment and hoped we could do better. COMMISSION MEMBER COMMENTS: Ms. Thompson acknowledged Dakota Severe as HPC’s newest member and asked her to introduce herself. Ms. Severe introduced herself and went over some of her background, including experience on various historic preservation committees during college. Mr. Moyer felt it unfortunate that they had ignored a religious holiday. He also felt that many people come to Aspen because it is a wonderful place and then attempt to make it like where they came from. Ms. Severe wanted to add to Mr. Moyer comments and felt that they needed to meet Aspen where it is at and grow together, instead of constantly trying to change or mold it into what we want. Responding to an earlier question of Ms. Thompson, Ms. Johnson noted that since one of the regular members was not present, Mr. Warwick, as an alternate member, would be voting tonight. DISCLOSURE OF CONFLICTS OF INTEREST: None PROJECT MONITORING: None Mr. Moyer asked if there had been any progress on the discussion about removing paint from historic bricks. Mr. Hayden said that staff and the board members could revisit that topic at a future work session. Mr. Moyer noted that at 535 E. Cooper Ave.,paint had previously been removed causing damage to the brick. He recently noticed that the brick had been repainted and was wondering the status of that. He wondered if anything had been done to the exposed brick before it was repainted. Mr. Hayden said there was no monitor on the project since it was just a certificate of no negative effect. Mr. Moyer thought a serious conversation should be had with the people who had damaged the brick and then repainted it without authorization. 179 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 2ND, 2024 Ms. Thompson said that she was putting together a list of various topics that had been discussed over the past few years that haven’t progressed and had talked with Ms. White about scheduling a work session in the future to go over them. CERTIFICATE OF NO NEGATIVE EFFECT: None CALL UP REPORTS:None STAFF COMMENTS: None SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Ms. Johnson confirmed that public notice was completed in compliance with the Code as needed for the agenda item. Substantial Amendment: 300 – 312 E. Hyman Ave. - Formerly known as the Crystal Palace - Substantial Amendment Application Mr. Anderson introduced the item by reviewing the history of the past HPC approvals. He noted that only Mr. Moyer was on HPC back when this project was first proposed for approval in 2016 / 2017. He continued to review the project’s history and noted that currently there is an open building permit that was first issued in 2019. He said that there were several unknowns about the building, which had been transformed many times during its history. These unknowns included potential historic materials that may exist and the integrity and stability of those materials. It was clearly acknowledged in the HPC approval that much would be found out once the construction process began related to historic materials. Mr. Anderson said the project has been closed up as it stalled out but the permit is still in good standing. He said the crux of the issue is the west wall that remains. He noted that the wall was heavily considered by HPC in 2017 and was understood at the time that it would be able to be incorporated into the new construction. He said that staff is in full agreement that there needs to be a retreat from this to acknowledge a few things. These included the fact that a portion of the wall is built in the right of way, that it is currently unstable, that there is a mix of Victorian era and 1970’s era brick and mortar and the context and collective history of the mural. He finished by stating that staff is in agreement that the wall needs to be treated differently than the current approval and realized that a deconstruction and reconstruction would need to happen to have it be incorporated into the new construction. He pointed out that HPC would be seeing in the applicant’s presentation, changes to architectural elements that were approved in 2017. He also noted that staff is not in a position to propose a resolution at this time due to certain things that they cannot support in the application. It was staff’s hope that after discussion with the applicant and staff, and listening to public comment, that HPC could give some clear direction on some of these fundamental questions about getting this project moving forward for the community. He said staff highly recommends a continuance of this meeting and hope that clear direction can be given to the applicant about where the project should ultimately land. Applicant Presentation: Sara Adams – Bendon Adams & Mark Hunt – M Development 180 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 2ND, 2024 Mr. Hunt began by recognizing the fact that this meeting ended up falling on Rosh Hashanah and felt it unfortunate. He moved on by going over some history of their progress on this project. He mentioned that they had been wanting to come before HPC as things had unveiled themselves while they were developing what once was the old Crystal Palace. He said that they had been honored and excited to have taken over what they thought was the historic Crystal Palace and preserving it and adding a modern element. He said that they went to great lengths in cataloging many of the elements of building. He noted that once they began the construction process, things started to present themselves differently than what they had all thought during the original approval. These included cornices, brick on the second story and many other sections of the building. In each incidence, City staff directed them to send the materials to the landfill as they were not historic. He said they are now left with a compromised west wall, which he agreed was a part of Aspen’s history. He noted that the new building structure that has been built is actually holding up the west wall. He expressed that he was both excited and nervous to be here, as he had never built a fake building, but was in a situation were the Crystal Palace that we all knew was gone, more specifically it had been gone long before the 2017 approvals. He said that he did not want to be viewed as taking away from Aspen’s history, but rather adding to it. He felt that they were at a crossroads where they could either take the replication route and do a building that was sort of pretending to be the Crystal Palace or they could design a building that is authentic yet pays homage to the past. Ms. Adams started her presentation by going over some history of the building and showed several historic photos of the building over time. She then a showed a few renderings from the previous approval that included preserving what they thought were historic materials and tying in new construction. She described the educational outreach and information they provided back in 2017 about the preservation plan. She described how in the demolition process they discovered an absence of historic materials and in working with the project monitors and City preservation staff, it was determined that the existing materials were not historic, not to be restored and thus were permanently removed. She said with all this knowledge one thing they wanted to talk about was that maybe reconstructing history is not the answer for this building. She briefly went over the Secretary of the Interior’s standards for reconstruction and that it is only appropriate in certain circumstances and generally not accepted to try and fake history. She showed a picture of the current conditions and noted that there was only a bit of historic material left in the west wall and it is also severely compromised. She went over several issues with the current wall, noting the five reports included in their application from experienced conservation and structural experts. She said that it is recognized, including by Mr. Anderson, that the best way forward is to deconstruct the wall and reconstruct it using the historic brick and appropriate mortar and repairing the sandstone foundation. She said this would ensure the wall is integrated into the building and will be around for another lifetime. She moved on to their proposal stating the question before HPC is do they proceed with approvals that recreate fake history or amend them to be a product of their own time and honor what’s left of the building in an authentic way. She said the applicant felt that re-creation would be inauthentic and not Aspen’s approach to historic preservation. She then showed the south façade elevations and renderings of their proposal included in the packet. It was a mostly brick building that related to surrounding buildings but did not compete with them. She detailed some of the traditional design elements that had 181 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 2ND, 2024 been given a modern application in order to be a product of their own time. She then continued by going over the proposed west façade and noted that they believe they have enough historic brick to rebuild the mural and repaint it, relocating it into the center of the west façade. She also detailed a few changes to the north and east façades as well as some details about the brick application and metal materials. She also noted a few minor changes to the interior wall layout as well as to the skylights and mechanical equipment on the roof. Ms. Adams then showed another rendering of the proposed south façade and Mr. Hunt spoke to the thoughts that went into its design and characterized it as “less is more”. He felt it was an authentic design that stayed disciplined to the two materials. He noted that the previously approved design had multiple types of brick and multiple types of windows in both shape and material. Ms. Adams referenced the staff memo and noted that it contained four recommended options presented by staff as possible outcomes of this meeting. She said that the applicant would be willing to accept option number two, supporting the new architecture but that an alternate treatment of the west wall and mural is needed and acceptable. She stated that it was their understanding that staff would find it acceptable to use all available historic brick to reconstruct the length of the west side of the historic building and repaint the mural at the corner. She said that their question to HPC is if there is not enough historic brick to express the full length, should they match the brick or use as much as they have and them just stop and blend into the new brick. Ms. Severe asked about a perceived discrepancy in kick plate heights between what was in the packet and what was presented. Mr. Hunt said it was the version with the higher kick plates. Mr. Fornell asked whether their new proposal included any new additional height to the building. Ms. Adams said that there was some mechanical equipment screening that may appear taller than allowed, but they would be ok with bringing that down. She emphasized that there was no new height proposed to the building. Ms. Pitchford asked if the building exceeds the height allowed by the Land Use Code. Ms. Adams said it does not exceed the Land Use Code that the project is vested under. She noted it was vested under the 2015 Land Use Code which allowed up to 38 - 40 feet and that the issued permit for this project is 40 feet. Ms. Pitchford felt theapplicant was presenting this on the basis that the building is no longer historic. Ms. Adams said that if they were saying that it was no longer historic, they would be going through the delisting process. She said they do not want to delist the property but want to discuss a new treatment of the west wall because new information was discovered during demolition. Ms. Pitchford asked if there had been any attempt to stabilize the west wall and or it’s foundation in the 7+ years they have had the permit. Mr. Hunt said they addressed it right away during initial construction and he detailed those efforts. He noted that the west wall cannot support itself and that is why they believe the best way to preserve and protect the wall is to deconstruct it and reconstruct it. He again noted that the base of the wall is 4 inches into the right of way and that the wall leans another 4-6 inches out from there. He did not want to build a building that included a wall that was leaning and created a gap of 8-10 inches between it and the new construction. He said they were asking to be able to carefully deconstruct it and reconstruct it with a proper foundation and within the property line on the same plane as the rest of the building. 182 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 2ND, 2024 Ms. Pitchford asked why it had taken so long to come before HPC with this. Mr. Hunt said that this had been a long process of going back to the drawing board and or going through the monitoring process as new things came to light during construction and things were discovered that were not historic. He said they were here to get some clear direction and support on how to move forward. Ms. Pitchford asked again why they are still wanting this to be listed as historic. Mr. Hunt stated that both the previously approved design and the new proposal would be new buildings. He noted that they could argue about what’s historic and what’s not and he spoke to the significance of the building’s history and specifically the mural. Ms. Pitchford then asked if they thought the new proposed building respects the previous structure as people knew the Crystal palace. Mr. Hunt responded that in 2016 they had designed a building off inaccurate information and false history. Mr. Moyer asked for some information about the architectural firm that designed the building and the builder. Mr. Hunt gave some information about the architectural firm and noted that current builder was Greg Woods. Mr. Moyer then asked if the current builder had their Historic Preservation BEST card. It was confirmed that they did. Mr. Moyer asked about the scaffolding that had been erected on the west wall and whether it had been attached to the structure, noting that there are 36 holes that currently exist on the west wall. There was some discussion about how the holes might have been made as well as if there were any efforts to stabilize the bricks themselves from wear. Ms. Thompson asked if the applicant could describe how they got to the new design regarding the context of the surrounding area. Mr. Hunt described the ideas behind the new design and noted that the previous design was a blend of old and new and their new proposed design is more traditional with some contemporary elements using the two main materials of brick and metal. Ms. Thomspon wanted to confirm that the proposed repainting of the mural would be using modern, non-lead-based paints. Ms. Adams said yes and that product specifics would be provided at building permit for staff and monitor to approve. Ms. Severe asked about something she noticed in the staff memo about some windows that would not be operational. Mr. Hunt said that all the windows on the south façade of the new proposal would be operational, but that in the original design there were several“fake” openings on the west wall that were based on historical openings. He also mentioned that the new design had nods to the Wheeler and Jerome. Staff Presentation:Mr. Ben Anderson – Community Development Director Mr. Anderson commented that staff understands the difficulties that the applicant is going though and the challenges in responding to the changing knowledge of what the building has turned out to be. He began his presentation by going over the request in front of HPC and the applicant’s proposals, noting that staff is recommending continuation due some distance between where staff and the applicant were on a few of the details. Staff felt that some direction from HPC was needed before proceeding with a resolution. He moved on to describing the current status of the project, the issued permit and the amount of work being done. He said that the current “stalling” on the project has much to do with the question of what to do with the west wall. He then showed a few historic photos from different years and noted that many historic buildings in town look different today than they did in their history due to changes over time. He said that this 183 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 2ND, 2024 building was designated in 1981, and that that designation framed a lot of staff’s responses relating to the guidelines. He then showed the conditions from the 2017 approval for reference. Next, he showed drawings of the currently approved west and south façades and described some of the elements and how they compare to the new proposed architectural design. He felt there was a fair question of what to do with the new information that differed to what they understood in 2017. He asked if the architectural references to the Crystal Palace should remain, or should, as the applicant stated, that they should acknowledge that it wasn’t what they thought it was. He said that there are patterns in the new design that show up in other places in the core and in other historic resources and that without the original approval and the community expectations of the architectural references to the Crystal Palace, this would be a fine-looking building. He said the question is again what to do with the west wall. He moved on to go over staff’s concerns with the reviewed proposal. These included the loss of all remaining integrity of the west wall; relocation of the mural to a different location on the wall; a loss of approved architectural references across the west façade; and a loss of approved architectural references in the west section of the south façade. He noted that staff could not support the reviewed proposal, mostly in relationship to the existing approval. He noted that staff is recommending continuance to November 13th, 2024. He presented on the screen a few questions and topics that may help guide HPC’s discussion related to the treatment of the west wall and the overall new architectural design as outlined in the staff memo. Mr. Fornell asked if the determination was made to deconstruct and reconstruct the west wall with one width of brick, would that resolve the right of way issue. Mr. Anderson said that in his understanding it would. Ms. Severe asked if they stuck with the 2017 approved design, would the doors next to the mural on the west wall be functioning. Mr. Anderson said he did not believe so. He noted that there was historic photographic evidence of doors existing there in the past and the 2017 design was trying to reference those. Ms. Severe then asked about the increased number of windows on the second story of the west façade and whether it was the number of windows that was staff’s concern. Mr. Anderson said that as new construction, those windows would be fine, but the bigger question is whether the new building should continue to reference the Crystal Palace and the design that emerged from the 2017 approval. Mr. Fornell asked if it was decided that the west wall should remain as is, would the City grant a permanent easement for the encroachment into the right of way. Mr. Anderson said that they would probably have to, but that the reconstruction of the wall down to a single width of brick resolves the right of way issue as well as the wall’s structural integrity issue. Mr. Hayden commented that from a historic preservation perspective, keeping the wall in its current location would be preferred. Mr. Anderson noted that over the past five years it has been the applicant and staff’s understanding that the condition of the wall was not as bad as it actually is. They thought the wall may have been able to be picked up and a new foundation built or that the wall could have been brought back into true. He said that with the current knowledge of the wall’s structure, staff’s preference would be deconstruction and reconstruction. 184 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 2ND, 2024 Ms. Raymond asked about staff’s preference to reconstruct the wall with as much historic brick as possible. She wondered if they wanted to keep the whole west wall as approved in 2017. Mr. Anderson said they would like to maintian the extent or length of it and the location of the mural. Mr. Moyer asked if staff would prefer the second-floor portion of the west wall’s design stay as approved in 2017. Mr. Anderson again brought up the general question of whether or not the architectural references to the Crystal Palace in the approved design from 2017 should continue forward and he felt there were good arguments on both sides of the question. Mr. Moyer then asked if staff knew if holes were drilled to install the scaffolding on the Wheeler or Elks building. Mr. Hayden said that this happened on the Wheeler and the alley side of the Elks building. He also noted that as approved, they removed historic brick, put in a “dummy” brick and drilled into that to attach scaffolding and then reversed the process when completed. Mr. Anderson said that he had not seen any evidence in prior staff approvals that this was done on the west wall of the Crystal Palace building. Mr. Moyer asked a few other questions about potential options to stabilize the historic wall. Ms. Raymond asked if staff wanted to maintain the references to the Crystal Palace as presented in the design of the 2017 approval or if they would rather maintain how the original historic building looked. Mr. Anderson said they are referencing the 2017 design. Ms. Severe asked if HPC agrees to keep the existing west wall and mural, how would the lead paint be treated to keep it from chipping and getting into the soil. Ms. White responded that there are ways to encapsulate it so that it would not affect the soil. Ms. Pitchford asked if Mr. Anderson could describe what “progress” meant when it comes to keeping a building permit in good standing. Mr. Anderson said that once a building permit is issued, regular inspections are done by staff to determine if progress is being made. He noted that once this project pulled out of the right of way and it seemed like progress had come to a halt, work was still being done on the inside. Ms. Johnson clarified that an inspection is triggered by a certain level of work which is governed by the building code. She said the Chief Building Official holds the discretion on whether that work is sufficient to maintain an active permit. Ms. Thompson asked if over the previous years, when it was determined that certain materials were in fact not historic, was it staff’s direction to continue with the approved application or was there direction to reconsider the design. Mr. Anderson believed that there were various opinions among staff and uncertainty of what to do about it considering how the approvals had been conveyed to the public. Ms. Thompson then asked Mr. Hayden and Ms. White whether in general historic preservation staff is not in support of reconstruction projects and reconstructing more than what current exists here would not be something they would support. Mr. Hayden responded that reconstruction is to be a rare occurrence and that strict reconstruction of the Crystal Palace and the parts that no longer exist isn’t appropriate. Staff’s focus is on the preservation of the materials in the wall that still exist. Ms. Severe again brought up the issue associated with the lead paint in the mural and how that would be addressed if the wall were to be deconstructed and moved. Mr. Anderson spoke to some of the potential options. 185 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 2ND, 2024 Public Comment: Mr. Jay Maytin commented that as this project has evolved, HPC’s preservation purview has disintegrated due to the fact that this project is not historic or very little of it that remains is. He felt that HPC needed to give up control on this project. He asked HPC to save what was historic and work with the developer. Mr. Jeffrey Halferty commented that he was on HPC in 2017 and had been the monitor on it as well. He said that in 2017 there was a lot of adjudicating about what was historic and what was not. He felt the legacy of the Crystal Palace as a place was gone historically, but the mural was special, and he commended the applicant for preserving it and conforming to the guidelines in general. He felt the most important thing for HPC is to make sure it conforms with the Commercial Design Standards. Mr. Jimmy Markus noted that he used to work with Mr. Hunt on some other projects, but no longer is associated with him. He said he was here as the owner of a neighboring building at 301 E Hopkins. He wanted to feel confident that when something is done, we can rely that it is something historic. He said that he grew up going to the Crystal Palace and had great memories of it but felt that the community has realized over time that the building and mural were not original. Moving forward, he did not what to trick the community into thinking that what is rebuilt is original when it is not, because of the building’s complicated history. Mr. Gordon Bronson stated that he has no vested interest in the building but was an Aspen native and an owner of Gravity Haus which was across the street from this project. Like Mr. Markus, he had spent a lot of time at the Crystal Palace and had great memories of it. He was not there to opine on the historic significance of the building, but just wanted to see a beautiful project that speaks both to Aspen’s legacy and its future. He felt the brick materials speak to many other buildings in town including the Gravity Haus building and the Wheeler and was in support of moving this project along expeditiously. Ms. Gretchen Greenwood noted that she was the HPC chair in 2016 and expressed the difficulty that the board went through back then. She felt like if she was on the board now, she would listen to the facts and the truth that it is no longer a historic building. She said if they had known this in 2017 it would have made the process so much easier. She felt the approvals of 2017 were based on a fallacy. She noted that she was involved in several of Mr. Hunt’s projects when she was on HPC and felt that he is a quality developer that takes the time to do things correctly. She felt this was a new building now and we couldn’t go back and replicate the past. She supported the new design and the centering of the mural and felt that the west side of the previous building always felt like a dead zone or an alley. She felt there was now an opportunity to build a better building for the community by having windows and activity on that side. Ms. Phyllis Bronson stated that she had known Mr. Hunt since he arrived in town. She felt that he was a very honest man, and his passion is beautiful buildings. She felt that an honest man and an authentic building both must be true to themselves, and you can’t just throw up a couple of boxes and say you’re done. She said that Mr. Hunt had recently brought her into the building and it felt incredibly strong and safe until you looked at the west wall. She said that she would really love to see this approved and felt this will be a good and beautiful building and while it may not be perfect it would be authentic. Mr. Fornell motioned to extend the meeting to 7:45pm. Mr. Moyer seconded. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Pitchford, yes; Ms. Severe, yes; Mr. Warwick, yes; Ms. Raymond, yes; Ms. Thompson, yes. 7-0, motion passes. 186 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 2ND, 2024 Mr. Scott Hershey thought that the public knows the building as having the owl mural on the southwest corner and he felt that that should stay. He thought that this will just end up being a façade and felt that the three widths thick wall should be deconstructed and moved back so that it is not in the right of way and rebuilt to one width thick with the amount of historic brick that remains. He thought this was the practical approach versus trying to repair and save a wall that is already a patchwork. Mr. Bill Latosa noted that he was a preservation architect and was previously employed by the National Parks Service. He mentioned that he was one of the restoration architects on the Statue of Liberty, Tom Edison’s home and studio and numerous other historic preservation projects. He went on to detail the restoration work on the Statue of Liberty. He then noted that the owl mural is lead based paint and that there are ways to encapsulate it but that it would be an ongoing process. He suggested that the west wall should be deconstructed, the lead-based paint removed and the wall reconstructed with the historic bricks. He also did not think that relocating the mural to the center of the wall would reduce its historical significance. Mr. Craig Cordts-Pearce commented that he had spent many years on Hyman Ave and has seen the changes to the Crystal Palace over time. He thought that the decisions and procedures that have gone on with this project have only hurt the core and the businesses community in Aspen. He said it was very difficult to be in business here and he would really like to see an approval so that we can get back to normal again. He felt this project was being held up because of a wall that could be rebuilt into a beautiful art piece. Ms. Natalie Feinberg-Lopez noted that she had worked on three State capitols and numerous other historic projects throughout the state of Colorado. She mentioned Gaard Moses, the artist who painted the mural and that he had been given an award from HPC recognizing him for his work. She said that she was in favor of encapsulating the mural’s paint to preserve Gaard’s work. She also noted that lead is one of the least toxic elements that can be found in a mining community. Board Discussion:Ms. Thompson thanked the applicant and staff for their presentations and all the public for their comments. She noted that there were two things in front of them. One being the remaining portion of the wall and what the most appropriate path is there and the other being the new structure. She noted that she was struggling with the proposal as presented for the west wall, primarily because it reduces the size of the mural and moves it. She agreed with staff that the wall currently exists and they should try to preserve it in that location and supported creating a one width façade of the existing mural in front of a new wall that moves it onto the property. Mr. Fornell noted that he had carefully reviewed the 2017 approval and the minutes from those meetings and felt that there were a lot of assumptions made about the building back then. He felt that if the HPC members back then had the information we have now, there would have been a very different result. Because of that he did not want to put much weight on the 2017 approval. He said that he had spoken with several community members recently, and they all said the same things, which were to somehow save the mural and get the project moving again. He felt the new design was respectful to the historic district and that he would support the application as presented by the applicant. Ms. Pitchford thought they had a bigger question than just the wall. She was wondering why delisting was not being talked about more. She questioned why the applicant still wanted to keep the building 187 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 2ND, 2024 listed as historic even though the new building will have no connection to the Crystal Palace. She said you can’t have it both ways, in that its either a historic building or its not. She wanted to ask the HPC members why they were talking about it as a historic resource. Ms. Johnson cautioned that they have an application in front of them. She noted that there exists a Council Ordinance from 1981 designating the building historic under the Land Use Code at that time and that the applicant has not requested to delist the property and HPC does not have the power to make that decision. Ms. Pitchford felt that sometimes it’s more about the cultural and character than bricks and mortar. She felt the Crystal Palace is iconic and that the new design was not in context, and she saw no reason to change the 2017 approved design as it meets the character of town. Mr. Warwick thought this was a simple situation. He acknowledged that the building was not historic and that parts of the wall were. He felt they should preserve the wall and mural. He felt they were walking a very fine line when talking about replicating buildings. He spoke to the uniqueness of Aspen as a historic town, compared to Vail which felt like Disney World with replica after replica. He appreciated that applicant’s attempt to be authentic while preserving the wall and thought the new design was superior to the 2017 design. Ms. Thompson agreed with everything Mr. Warwick said but thought that a few of the elements on the new design were a bit neo-classical. Mr. Warwick thought that if they stick with the 2017 design, they could be getting into a situation that in a few years they look back and say that’s obviously not historic and obviously a replica. Ms. Thompson felt the 2017 design was a conglomeration of a few different styles smashed together and that the new design works well contextually and meets more of the guidelines than the previous one. Ms. Raymond said that if she had been on the board in 2017, she would not have approved that design. She agreed with Mr. Warwick in that common sense needed to be applied here and that the building is not historic. She also felt what Mr. Fornell was hearing from the public, that keeping the mural but getting the project going was very important. She felt that the community relate the mural to what they think of as the Crystal Palace. She also felt that Mr. Hunt and his team were being very authentic by trying to create the context and save the mural. She agreed with Mr. Fornell that they needed to help move this project along as quickly as they can. She felt the new design fits nicely into the neighborhood and agreed that moving the mural to the middle did not take away from its historic significance but was a bit concerned that the mural was getting smaller. Ms. Adams noted that when the mural was repainted in the 1970s it had gotten a bit bigger. Ms. Raymond continued that since it would not be the exact same mural after getting rebuilt and repainted, she thought moving it was a good idea. She was in support of the application as presented, but thought there could be some conditions concerning details added to the approval. Mr. Moyer thought all the members should listen to themselves on the recording tomorrow. He referenced the Paepcke House project from years ago and what HPC had saved on it and that the sisters had wanted to do a lot split and build a road in the middle and that HPC turned them down. Mr. Moyer said that when he saw this proposal he wondered what was wrong with the 2017 design and why the applicant didn’t do it. He said that he was a little affronted when this came to HPC. He noted 188 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 2ND, 2024 that their job was to preserve history, even if it was one column, one door, or one wall. He felt that the wall had been there for 130 years, wasn’t going anywhere and he was confident that it could be secured to the new CMU wall behind it. He said that he did not particularly care for what they did in 2017, except that they were saving the west wall. He felt he and the City were insulted by this project and that Aspen has been insulted over the last many years with five other projects that are sitting empty. He thought it was awful. He agreed with Ms. Pitchford insupporting the design and approvals from 2017. Mr. Moyer continued by referring to his earlier questions about the holes in the west wall and he thought staff had been a bit lackadaisical in this regard. He wondered how this could have happened and why consolidants had not been used on the brick. He said it was hard to listen to all the comments on this project and that they are not helping in preserving history. He felt that they should retain the wall as it is because it hasn’t and will not collapse. He said that the lead paint wasn’t an issue because Gaard had used an acrylic paint over it. He said he was not prepared to give the applicant permission to demolish the building anymore. He was disappointed that it, like many other projects, has been sitting this long. He was disappointed that the Boomerang nearly self-destructed because nothing was done to it. He thought it was not their responsibility to help developers destroy the town, but to help preserve it, even if it was just a wall. He didn’t understand why the mural would be moved to the middle. Ms. Pitchford referenced all the comments that the project needs to move along.She said the HPC members were not the reason it had been sitting for all these years and that it was not their job to move projects forward, but rather the applicant’s. Ms. Severe thought that the redesign of this building was amazing. She said there were many occurrences of the word “hodgepodge” in the application packet, and she felt that Mr. Hunt had really put both the industrial and Victorian eras together. She wondered if the mural should be moved to the middle of the wall. She said that part of her would like it to stay at the corner as that is where locals remember it. She felt the mural needed to be touched up and completely sealed regardless of whether it remains in its current location or is moved. Outside of where the mural ends up, she was in complete support of the new design and felt that it really fits the context of the street. Ms. Thompson motioned to extend the meeting to 8:00pm. Mr. Fornellseconded. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Pitchford, yes; Ms. Severe, yes; Mr. Warwick, yes; Ms. Raymond, yes; Ms. Thompson, yes. 7-0, motion passes. Mr. Warwick wondered, in terms of historic preservation, if it would it be better to leave the mural it as is, which would require more maintenance and it would potentially deteriorate faster, or to deconstruct and put it back together and repaint it. Mr. Moyer thought that they could defer that to staff to figure out and give a recommendation. He also spoke to the various methods of preserving the mural and admitted that they would have to be redone of the years. Ms. Thompson felt that they should continue to November 13th but was trying to be able to give the applicant some direction. There was discussion about the four options in the staff memo and that the applicant had said they would be ok with the second one. MOTION:Mr. Fornell motioned to approve the substantial amendment put forth by the applicant, approving the new architecture, the removal and replacement of the wall with one width of brick using 189 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 2ND, 2024 as many historic bricks as possible to be reviewed by staff and monitor and repainting the mural to replicate what existed. Ms. Severe seconded. Ms. Thomspon noted that they do not have a resolution in front of them. Ms. Johnson suggested that, if there was support for that motion, that it be amended to direct staff to prepare such a resolution for approval at the next meeting. Ms. Raymond suggested that they add a condition stating that instead of outlining how things should be done, the building is approved as presented, but the applicant would have to show how they can best move and redo the mural. Ms. Thompson said she would be a “no” on that motion and felt the mural needed to remain its existing size and the brick needed to be restored. She felt they needed more detail on the differentiation between the historic brick and the new brick and how those meet each other. She also felt a site visit was warranted to meet with the applicant and their experts as well as staff to better understand the existing conditions of the brick. She also wanted to see material samples. Mr. Fornell asked if approval of a material sample be a condition of approval. Ms. Thompson felt that it was important to see it on a site visit and have the whole board agree. Mr. Moyer spoke to the differences between new and old brick referencing how windows and other openings on historic buildings can be seen when they have been filled in with new brick over the years. He felt that was also part of the history of a building. Ms. Johnson noted that the conditions suggested by Ms. Raymond were not part of the motion that is on the table. Ms. Raymond restated her suggested condition. Ms. Johnson suggested, for clarity purposes, to continue the meeting in order to bring back a resolution with some detailed conditions. She noted that there was still a motion on the table and the meeting could not be adjourned until that was voted on. She said action needed to be taken, whether that be to table the motion until a continued date or to take a vote on it. She reminded HPC that there had been no friendly amendment to the motion and that it currently is to approve as is without any additional conditions. Mr. Warwick asked how they could add a condition to the existing motion. Ms. Johnson said that Mr. Fornell could accept a friendly amendment that would have to be accepted by both Mr. Fornell himself and Ms. Severe. Mr. Warwick made a friendly amendment to add to the existing motion that the applicant should return and present their reconstruction plan of the mural. Ms. Thompson said that technically with the motion on the table, it would be an approval. She said that the preservation plan could be reviewed by staff and monitor but they would not have to come back in front of HPC. Ms. Thompson motioned to extend the meeting to 8:05pm. Mr. Fornell seconded. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Pitchford, yes; Ms. Severe, yes; Mr. Warwick, yes; Ms. Raymond, yes; Ms. Thompson, yes. 7-0, motion passes. Mr. Anderson said that staff recognized the desire to move this project along and that they had spent a lot of time on their presentation. He noted that under the current proposal staff believes there is a question that is raised regarding the deconstruction and reconstruction of the wall that may trigger a conversation about the demolition of a designated structure. He noted that on other projects, efforts are made on a structural basis to deconstruct and reconstruct something in the same place and those 190 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 2ND, 2024 tend not to be considered demolition. He reiterated staff’s suggestion that the hearing be continued to November 13th to be able to create a resolution responding to direction given. Ms. Pitchford agreed with Mr. Anderson’s comments and felt that this has been sitting for five years and another few weeks to create a thoughtful resolution is the way to go. Ms. Raymond asked that if they vote on Mr. Fornell’s motion, it would be yes or no and that it would be binding. Ms. Thompson motioned to extend the meeting to 8:15pm. Mr. Fornell seconded. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Pitchford, yes; Ms. Severe, yes; Mr. Warwick, yes; Ms. Raymond, yes; Ms. Thompson, yes. 7-0, motion passes. Ms. Johnson said that if the board approves the motion on the table that staff would have to bring a resolution back to HPC as a consent item to approve. She explained that an approval can be called for reconsideration by someone who voted “yes”, but both the member that made the motion and seconded it would have to agree. She also said they could vote to table the motion. Ms. Thompson and Mr. Moyer suggested they vote on the motion and see where they land. Roll call vote: Mr. Fornell, yes; Mr. Moyer, no; Ms. Pitchford, no; Ms. Severe, yes; Mr. Warwick, yes; Ms. Raymond, yes; Ms. Thompson, no. 4-3, motion passes. Ms. Severe asked if this was a point where they could add conditions. Ms. Thompson said no and what they approved is what got approved. Ms. Raymond asked if the motion included Mr. Warwick’s friendly amendment. Ms. Johnson said it did not. Ms. Raymond and Ms. Severe were assigned as monitors. ADJOURN: Ms. Thompson motioned to adjourn the meeting. Mr. Moyer seconded. All in favor; motion passes. ____________________ Mike Sear, Deputy City Clerk 191 PRE-APPLICATION CONFERENCE SUMMARY PRE-23-124 DATE: November 7, 2023 PLANNER: Amy Simon, Planning Director, amy.simon@aspen.gov REPRESENTATIVE: Sara Adams, BendonAdams, sara@bendonadams.com PROJECT LOCATION: 300 E. Hyman Avenue PARCEL ID: 2737-073-38-009 REQUEST: Substantial Amendment to a Major Development Approval, Relocation DESCRIPTION: In 2017, 300 E. Hyman Avenue was approved for Final Historic Preservation Commission (HPC) Major Development, per HPC Resolution #4, Series of 2017, with the intent to preserve remaining elements of the 19th century structure on the west side of this landmarked site, tie those authentic elements into a representative reconstruction of the Victorian era commercial building, and abut that construction with contemporary architecture on the east and north sides of the property. The end use of the project is a hotel. During the construction process, some limited areas of the south face of the building, which had been thought to retain historic integrity, were re-evaluated and determined to have been heavily altered. These areas were approved by staff and HPC project monitors to be replicated with new construction. This resulted in the retention of the west wall as the sole remaining historic fabric. A similar question about the integrity of the west wall was later raised by the property owner. In response, the City’s Historic Preservation Officer conducted an assessment of the wall in 2021 (attached) and determined that it is a composition of 19th century and 1970s masonry and mortars. The 300 E. Hyman property owner has privately commissioned a study, which staff has not reviewed, that apparently reaches similar conclusions. This report, or other guidance from professionals, has created concern for property owner with the logistical challenges of preserving the wall intact and tying it into the new structure. The representations made during HPC project review regarding preserving a portion of the west wall and its associated murals were key to the HPC approval, and to the encroachment license that was granted by Engineering along Aspen Street and Hyman Avenue, which impacted the community for many months. Staff’s understanding of this pre-application request is to provide a process to approach HPC to preserve less of the west wall, focusing on the area with murals. Staff has indicated to the owner that a request for full removal or dismantling and reconstructing of the wall would arguably be deemed Demolition. This could result in a de-listing of the property as historic landmark and a new Major Development review. Full demolition does not appear to be the owner’s intended path. It has been suggested that the preserved wall area will be “sandwiched” in place then lifted, temporarily relocated for foundation repair, and then re-installed. The question has arisen whether the existing encroachment onto public right-of-way should be corrected in the process. Staff does not have sufficient information to guide a response, at this time. The application can address the benefits of this action, however, bear in mind that moving the location of the wall is arguably another factor that diminishes integrity. Clarification as to the treatment of the existing sandstone foundation wall will be needed. 192 Amendments to HPC approved projects are either deemed Insubstantial (an Administrative Review) or Substantial (an HPC Review) per Municipal Use Code Section 26.415.070.E. A Substantial Amendment application to HPC is defined as one which materially modifies the location, size, shape, materials, design, detailing or appearance of the building elements as originally depicted. In the pre- application conference, the possibility of requesting changes to architectural features or materials on the areas of new construction was raised. This can be included in the Substantial Amendment application, however bear in mind that code language related to Common Development Procedures sets some boundaries to amendments to projects vested in older land use code and changes to the “inherent nature, use, massing, character, dimensions, or design of the project” could be determined to be so significant as to require full re-review of the project. This Substantial Amendment review will be conducted according to the land use code in place at the time the original application for redevelopment was made in November 2015, though staff has not identified any subsequent changes to the relevant code language. Approval would generate a new Development Order but would not establish a new expiration date of the Development Order. The HPC review is one-step, meaning that all details of the proposal will be presented in one application which will be discussed at a public hearing. Staff has determined that Neighborhood Outreach is required, as described at Land Use Code Section 26.304.035. Enhance Public Information is to be provided by the applicant and must include action to inform interested members of the general public about the project, one of the stated purposes of Neighborhood Outreach. After receipt of the application, staff will evaluate the requests and make a recommendation to HPC, and HPC will make a decision to approve, approve with conditions, or deny the proposal, all of which will be based on the Historic Preservation Design Guidelines and Land Use Code Sections applicable to this project. Relocation review is subject to Notice of Call Up at City Council. If HPC approval is granted for Relocation, Council has the authority to remand the decision back to HPC for further consideration. Like all HPC decisions, a change to the current approval is also appealable by any person with a right to appeal as defined at Land Use Code Section 26.314. Recently, the City has contacted the applicant with concerns about progress on constructing the development. Per a letter dated October 27, 2023 from Bonnie Muhigirwa, Chief Building Official, to Mark Hunt, the identified ownership representative, new applications for revisions to land use approvals will be treated separately from the activity required to maintain 0092.2017.ACBK in good standing. While the requests addressed in this pre-application summary may be pursued, review of amendments to land use approvals and historic preservation requirements will not permit suspension of construction activity. A clear explanation of the owner’s perceived challenges of carrying out the project representations must be provided for the Substantial Amendment review. The cost of carrying out the scope is not the concern of the City, but an explanation of technical feasibility is important, and any reports or professional opinions to be taken into consideration in HPC’s findings must be provided in the application. Below are code citations requiring response, and a list of information needed to submit an application. Archived land use code sections will be provided by email. 193 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM July 31, 2024 City of Aspen Historic Preservation Commission Stuart Hayden, Historic Preservation Office RE: 300/312 East Hyman – Substantial Amendment Dear HPC and Stuart: We respectfully request consideration of a Substantial Amendment to revise the exterior façade of 300/312 East Hyman Avenue, aka Crystal Palace. New information regarding historic material and overall integrity of the building from a historic preservation perspective prompts us to reconsider the most appropriate pathway forward for the project. A summary of past approvals, documentation of the existing building during construction, and the proposed substantial amendment is provided below. 300/312 East Hyman is a designated historic landmark located within the Commercial Core Historic District. Figure 1: Photograph by John Bowman, courtesy Aspen Historical Society showing the subject property anchoring the left (west) corner of the block and the Wheeler Opera House anchoring the right (east) corner of the block. History 300/312 East Hyman was originally built in 1891 by S. B. Clark as a wholesale produce house. Similar to many AspenVictorian commercial buildings, the structure was adapted and changed over time as a function of its occupants. After the wholesale produce operation, the business was changed to Aspen Commission Company and after many years vacant became the beloved dinner theatre the Crystal Palace until 2008. 194 Page 2 of 6 300/312 East Hyman Substantial HP Amendment – 7/31/2024 Physical inspection of the existing building by Historic Preservation Staff (Amy Simon, Natalie Feinberg Lopez, Sarah Yoon) revealed that there is basically no historic material remaining. Even the west wall with the repainted Owl Cigar mural was rebuilt over time and is not entirely original to the building (please reference Exhibit K for technical reports). In 2016, 300 and 312 West Hyman Avenue merged into a single 9,000 sf lot (Ordinance 19-2015, plat Bk 115, Pg58). Subsequently, in 2017 a Development Order was granted for the redevelopment of the property into a three story lodge with 20 hotel rooms and a commercial restaurant on the main level pursuant to HPC Resolutions 9-2016, 4-2017, 7-2017.1 Vested rights for the project expired on April 4, 2020. In 2020, an insubstantial amendment to the approvals was granted for minor modifications including a reduction in average lodge room size, a 3% increase (683 sf) of total floor area and lodge floor area, and exterior changes that were approved by the Historic Preservation Monitoring committee. The dimensional requirements approved by the insubstantial amendment are as follows: Table 1: 2020 Approved dimensions via administrative approval Total project floor area 21, 931 sf Lodge floor area 17,121 sf Commercial floor area 4,810 sf Commercial net leasable 3,137 sf Lodge net livable 8,981 sf Average lodge room size 449 sf The 2020 amendment did not change the number of lodge rooms and conditions of approval required a minimum occupancy of two guests per room. A core and shell permit (0092.2017.ACBK) was issued on June 10, 2019. The structural framing for the entire building, including the third story, is completed. 1 The original land use application was submitted on November 10, 20216. Figures 2 & 3: Existing conditions - south east corner pictured at left, and southwest corner pictured at right. 195 Page 3 of 6 300/312 East Hyman Substantial HP Amendment – 7/31/2024 Proposal Exterior Changes During demolition the absence of historic material was discovered. This calls into question the appropriateness of the current façade approval, as the representations made during the 2016 and 2017 approvals focused on preservation of existing materials and restoration through a detailed historic preservation plan. The building has been inspected by numerous City of Aspen Historic Preservation staff and assigned Historic Preservation Commission project monitors to approve the removal of non-historic material that was previously assumed to be original. Reconstruction is not a preservation approach included in the Aspen Historic Preservation Design Guidelines as Aspen takes a strict approach to not become a living museum; therefore, we turn to the Secretary of the Interior’s Standards for the Treatment of Historic Properties 2 which addresses reconstruction as a treatment that can “be justified only rarely.” The Standards state “When a contemporary depiction is required to understand and interpret a property’s historic value (including the re- creation of missing components in a historic district or site); when no other property with the same associative value has survived; and when sufficient historical documentation exists to ensure an accurate reproduction, Reconstruction may be considered as a treatment.” There are arguably other protected and intact properties within the Commercial Core Historic District that have the same associative value as Victorian-era Commercial as 300 East Hyman including 100 South Mill, 432 East Hyman, and 428 East Hyman. We request a reconsideration of the façade by HPC based on this new information about historic material. A new façade using the same materials as the approval is designed to relate to the historic district, comply with Commercial Design Standards, and be a product of its own time. The proposed façade uses the approved (and already constructed) footprint and reconfigures window openings and architectural details to relate to the district and be a product of its own time. Brick is the primary building material with metal details and windows. The south façade references the Wheeler Opera House through the vertical grouping of windows, three half round windows proposed on the upper floor in the center of the building, and the division of the front façade into three vertical segments. Similar to the configuration of windows on the secondary street facing façade of the Wheeler, the secondary west elevation of 300/312 has rows of windows in a similar pattern facing Monarch Street, and the brick extends all the way to the alley as show on the next page. 2 The Aspen Historic Preservation Design Guidelines are based on the Secretary of the Interior’s Standards for the Treatment of Historic Properties principles (per page 11 of the Design Guidelines) and as required by History Colorado to qualify as a certified local government. Figure 4: Photograph of Wheeler Opera House on opposite end of the block. 196 Page 4 of 6 300/312 East Hyman Substantial HP Amendment – 7/31/2024 There are a few minor floor plans changes shown in the drawing set which do not significantly impact the exterior appearance of the building. Footprint changes include removing the slight setback on the west elevation that expressed the historic length of the building, and on the second floor an approved outdoor terrace is converted into interior space. This area faces the alley and is not visible from street level. A comparison is shown below. Figures 9 & 10: approved second floor outdoor terrace along alley (left), proposed change (right) Figures 5 -8 : Approved south elevation (top left) and proposed south elevation (top right); approved west elevation (bottom left) and proposed west elevation (bottom right). 197 Page 5 of 6 300/312 East Hyman Substantial HP Amendment – 7/31/2024 Table 2: Comparison of 2016 and 2024 CC Zone District to Project 2016 CC Zone District 2024 CC Zone District Approved project per NOA 11/2020 Issued permit 0092.2017.ACBK Proposed dimensions Lot size 9,047 sf Height 38 - 40 ft. 28 ft. 40 ft. 40 ft. No change Total project floor area 2.75:1 24,750 sf 2.25:1 20,250 sf 2.66:1 21,931 sf 2.33:1 21,113 sf 2.38:1 21,538 sf Lodge floor area 2.5:1 22,500 sf 1.5:1 13,500 sf 1.90:1 17,121 sf 1.77:1 15,936 sf 1.91:1 17,275 sf Commercial floor area 2:1 18,000 sf 2.25:1 20,250 sf 0.53:1 4,810 sf 0.57:1 5,177 sf 0.47:1 4,263 sf Commercial net leasable n/a n/a 3,137 sf 2,859 sf 2,437 sf Lodge net livable n/a n/a 8,981 sf 9,403 sf 9,492 sf Number of lodge rooms n/a n/a 20 20 No change Average lodge room size Less than 500 sf Less than 500 sf 449 sf 470 sf 475 sf West Wall and Mural Numerous project monitoring items have been reviewed over the years as demolition uncovered non-historic elements of the building beyond what was initially expected. Nationally recognized building conservators have been brought to Aspen to review the remnants of the west wall and produce technical reports. These reports, attached as Exhibit K, conclude that the foundation underneath the west wall is not structurally sound, the composition of the west wall indicates that it is not original 19th century construction, and the repainted Owl Cigar mural has lead paint. Removal of the west wall and the lead paint is required at the very least to proceed with the project. The west wall cannot feasibly be lifted in place and relocated back to its current location based on the structural stability of the wall, and furthermore, the technical reports demonstrate that there is a mix of repaired historic and new brick and mortar throughout the wall supporting the hypothesis that the wall has been rebuilt over time. The exterior wythe of brick is slightly more intact than the interior wythe but still has modern infills and repairs. Five technical reports are included for a comprehensive analysis of existing materials. The Owl Cigar mural has cultural significance to the community, and is among a limited number of 19th century murals found downtown. The mural is proposed to be deconstructed and rebuilt using any reusable brick, and repainted to match using existing and historic photographs. The mural is shifted to the center of the west façade. 198 Page 6 of 6 300/312 East Hyman Substantial HP Amendment – 7/31/2024 We look forward to hearing your thoughts on the revised design. Please do not hesitate to contact me with any questions. Sincerely, Sara Adams, AICP BendonAdams LLC sara@bendonadams.com 970.925.2855 Exhibits: A Review Criteria B. Land Use Application C. Pre-application summary – [COA to add to application when ready] D. Authorization to represent E. Proof of ownership F. Agreement to Pay G. HOA form H. Vicinity Map I. Mailing list J. Past approvals J.1 Ordinance 19-2015 J.2 Subdivision Plat Bk 115, Page 58 J.3 Development Order issued April 20, 2017 J. 4 HPC Resolution 9-2016 J.5 HPC Resolution 4-2017 J.6 HPC Resolution 7-2017 J.7 NOA dated November 10, 2020 J.8 Preservation plan K. West wall technical reports L. Architectural details - Material cut sheets M. Drawing set with renderings and context images 199 Exhibit A Review Criteria Exhibit 1 Page 1 of 8 Commercial Design and HP Design Reviews 26.415.060.B.2 The City of Aspen Historic Preservation Design Guidelines, as amended, which are on file with the Community Development Department, will be used in the review of requests of certificates of no negative effect or certificates of appropriateness. Conformance with the applicable guidelines and the common development review procedures set forth in Chapter 26.304 will be necessary for the approval of any proposed work: Please find an analysis of the Commercial Core Historic District Design Standards and Guidelines. Commercial Design Standard Review uses the same design guidelines for the Commercial Core Historic District and the Historic Preservation Design Guidelines. As described below, the project conforms with the Historic Preservation Design Guidelines/ Commercial, Lodging and Historic District Design Standards and Guidelines. 26.412.040. Commercial Design Procedures for Review. E. Consolidation of applications and combining of reviews. If a development project includes additional City land use approvals, the Community Development Director may consolidate or modify the review process accordingly, pursuant to Subsection 26.304.060.B of this title. If a proposed development, upon determination of the Community Development Director in consultation with the applicant, is of limited scope, the Director may authorize the application to be subject to a one-step process that combines both conceptual and final design reviews… 26.412.060 Review Criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. Guidelines and Standards 1. The Commercial, Lodging and Historic District Design Standards and Guidelines are met as determined by the appropriate Commission. The Standards and Guidelines include design review criteria that are to be used to determine whether the application is appropriate. 2. All applicable standards in the Commercial, Lodging and Historic District Design Standards and Guidelines shall be met unless granted a variation pursuant to Section 26.412.040.D. 3. Not every guideline will apply to each project, and some balancing of the guidelines must occur on a case-by-case basis. The applicable Commission must: a. determine that a sufficient number of the relevant guidelines are adequately met in order to approve a project proposal. b. weight the applicable guidelines with the practicality of the measure. 200 Exhibit A Review Criteria Exhibit 1 Page 2 of 8 Commercial Design Standards and Guidelines – General Chapter 1.1 All projects shall provide a context study. • The study should include the relationship to adjacent structures and streets through photographs, streetscape elevations, historic maps, etc. Response – Streetscape elevations are included in the drawing set. 1.2 - 1.6 Not applicable. 1.7 Develop alley facades to create visual interest. • Use varied building setback and/or changes in material to reduce perceived scale. Response – The alley façade is revised to better relate to the historic district through simplified windows openings and brick as the primary building material. Brick detailing is proposed to add visual interest and proportion to the façade. 1.8 – 1.9 Not applicable. 1.10 – 1.21 Not applicable – refer to HP specific design guidelines below. 1.22 Complete and accurate identification of materials is required. • Provide drawings that identify the palette of materials, specifications for the materials, and location on the proposed building as part of the application. • Physical material samples shall be presented to the review body. An onsite mock-up prior to installation may be required. 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen’s climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. 1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by HPC or P&Z if the following criteria are met: • Innovative building design. • Creative material application that positively contributes to the streetscape. • Environmentally sustainable building practice. • Proven durability. Response – Brick is the primary material proposed for the entire building with metal details. The material palette and material application relate to traditional materials found throughout the historic district. All proposed materials have proven durability in our environment. 201 Exhibit A Review Criteria Exhibit 1 Page 3 of 8 1.25 Not applicable. 1.26 The design of light fixtures should be appropriate to the form, materials, scale and style of the building. Response – New light fixtures will be proposed through the insubstantial amendment process. 1.27 - 1.29 Not applicable. 1.30 Mechanical equipment, ducts, and vents shall be accommodated internally within the building and/or co-located on the roof. 1.31 Minimize the visual impacts of utility connections and service boxes. Response – Mechanical equipment is co-located on the roof or inside the building similar to the approved project. Screening is proposed to shield the equipment from view. 1.32 - 1.37 Not applicable. Commercial Core Historic District 2.1 Maintain the alignment of facades at the property line. Response - No change to building footprint. 2.2 Consider a 45-degree chamfer for corner lots where appropriate. Response – No change to building footprint. 2.3 Development should be inspired by traditional late 19th-century commercial buildings to reinforce continuity in architectural language within the Historic District. Consider the following design elements: form, materials, and fenestration. Pick two areas to relate strongly to the context. Response – The proposed façade references traditional commercial buildings in Aspen’s historic district through the flat roof form of the building and brick as a primary building material. Windows and architectural details relate to the surrounding historic district, and iconic Wheeler Opera House, but using a contemporary application of a traditional feature. The proposed building anchors the corner, and demarcates the boundary of the Commercial Core Historic District, while not overshadowing the iconic Wheeler Opera House at the opposite end of the block. 2.4 Respect adjacent iconic historic structures. Response – The proposed building references the windows and façade configuration of the Wheeler Opera House, but in a contemporary application. Vertical columns, half round windows, and a cornice all reference the Wheeler as an iconic historic structure. 2.5 The massing and proportions of a new building or addition should respond to the historic context. 202 Exhibit A Review Criteria Exhibit 1 Page 4 of 8 Response – The new building appropriately responds to the historic context of the historic district, and the surround historic landmarks through traditional materials, form, and contemporary application of traditional architectural elements – for example, a brick cornice is proposed. 2.6 One story buildings on lots larger than 6,000 sf are discouraged. Response - No change to building mass. 2.7 Buildings on lots larger than 6,000 sf should incorporate architectural features that break up the mass. Response – Building mass is broken into three modules on each façade as expressed through brick details, window placement and window shape. 2.8 Composition of the façade, including choices related to symmetry and asymmetry, should reflect the close readings of patterns established by the 19th century structures. Response – The window groupings reference the typical 30’ modules reflective of the traditional townsite grid. Both symmetry and asymmetry can be found on both street facing facades, similar to larger 19th century commercial, civic, and lodge buildings. 2.9 Recessed entries are required. Response – The new design proposes a single recessed entry on Hyman Avenue as opposed to two recessed entries. A metal and glass awning is proposed to define the entry. 2.10 Secondary recessed entrance are required for buildings on lots larger than 6,000 sf, and on the secondary street for corner lots. Response – Not applicable – no change to entries on Monarch Street. A secondary entry was not approved and is not proposed at this time. 2.11 Maintain a floor to ceiling height of 12 to 15 feet for the first floor and 9 feet for the second floor. Response – Not applicable – no change to ceiling heights. 2.12 Maintain an architectural distinction between the street level and upper floors. 203 Exhibit A Review Criteria Exhibit 1 Page 5 of 8 Response – Metal detailing is proposed between the first and second floor to distinguish between floor levels. Window sizes are smaller on upper floors to reflect the intended lodge use. Larger windows on the first floor reference traditional storefront windows found throughout the historic district. 2.13 – Street level commercial storefronts should be predominately transparent glass. Response – Larger windows on the first floor reference traditional storefront windows found throughout the historic district. The proposed windows with vertical mullions are a product of their own time, and brick is proposed at the base of the ground floor windows to reference, but not imitate, the traditional kick plate common to historic landmarks in the district. 2.14 Architectural details should reinforce historic context and meet at least two of the following qualities. • Color or finish traditionally found downtown. • Texture to create visual interest, especially for larger buildings. • Traditional material: brick, stone, metal and wood. • Traditional application: for example, a running bond for masonry. Response – Traditional materials and application are proposed for this building – primary materials are brick with metal windows and architectural accents. Metal accents are proposed as shown on Sheet A31. Historic Preservation Design Guidelines Chapter 1 – Site Planning and Landscape Design: Not applicable as there are no changes to site plan or landscape. Chapter 2 – Building Materials 2.1 Preserve original building materials. • Do not remove siding that is in good condition or that can be repaired in place. • Masonry features that define the overall historic character, such as walls, cornices, pediments, steps and foundations, should be preserved. • Avoid rebuilding a major portion of an exterior wall that could be repaired in place. Reconstruction may result in a building which no longer retains its historic integrity. 204 Exhibit A Review Criteria Exhibit 1 Page 6 of 8 • Original AspenModern materials may be replaced in kind if it has been determined that the weathering detracts from the original design intent or philosophy. Response – A portion of the west masonry wall contains some historic brick. The foundation is failing and needs to be replaced, and the masonry needs to be repaired. Technical reports are attached that analyze the level of deterioration on this wall and the decision to request approval to rebuild the wall after constructing a new foundation. The Owl Cigar mural has been repainted over time. The mural is proposed to be deconstructed and rebuilt using any reusable brick, and repainted to match using existing and historic photographs. The mural is shifted to the center of the west façade. 2.2 The finish of materials should be as it would have existed historically. • Masonry naturally has a water-protective layer to protect it from the elements. Brick or stone that was not historically painted shall not be painted. • If masonry that was not painted historically was given a coat of paint at some more recent time, consider removing it, using appropriate methods. • Wood should be painted, stained or natural, as appropriate to the style and history of the building. Response – The brick of the west wall mural will match existing in color and composition. The mural is proposed to be repainted if requested by HPC. 2.3 Match the original material in composition, scale and finish when replacing materials on primary surfaces. • If the original material is wood clapboard for example, then the replacement material must be wood as well. It should match the original in size, and the amount of exposed lap and finish. • Replace only the amount required. If a few boards are damaged beyond repair, then only those should be replaced, not the entire wall. For AspenModern buildings, sometimes the replacement of a larger area is required to preserve the integrity of the design intent. Response – The west wall brick where the mural is proposed will match existing historic brick. 2.4 Do not use synthetic materials as replacements for original building materials. • Original building materials such as wood siding and brick should not be replaced with synthetic materials. Response – Synthetic materials are not proposed. 2.5 Covering original building materials with new materials is inappropriate. • Regardless of their character, new materials obscure the original, historically significant material. • Any material that covers historic materials may also trap moisture between the two layers. This will cause accelerated deterioration to the historic material which may go unnoticed. Response – Original building materials are not covered. 205 Exhibit A Review Criteria Exhibit 1 Page 7 of 8 2.6 Remove layers that cover the original material. • Once the non-historic siding is removed, repair the original, underlying material. Response – Original material is not covered. Chapter 3 – Windows Not applicable Chapter 4 – Doors Not applicable Chapter 5 – Porches and Balconies Not applicable Chapter 6 – Architectural Details Not applicable Chapter 7 – Roofs Not applicable Chapter 8 – Secondary Structures Not applicable Chapter 9 – Excavation, Relocation, Foundations Not applicable Chapter 10 – Building Additions Not applicable Chapter 11 – New Buildings on Landmarked Properties Not applicable Chapter 12 – Accessibility, Architectural Lighting, Mechanical Equipment, Service Areas, & Signage 12.3 Exterior light fixtures should be simple in character. • The design of a new fixture should be appropriate in form, finish, and scale with the structure. • New fixtures should not reflect a different period of history than that of the affected building, or be associated with a different architectural style. • Lighting should be placed in a manner that is consistent with the period of the building, and should not provide a level of illumination that is out of character. • One light adjacent to each entry is appropriate on an Aspen Victorian residential structure. A recessed fixture, surface mounted light, pendant or sconce will be considered if suited to the building type or style. • On commercial structures and AspenModern properties, recessed lights and concealed lights are often most appropriate. Response – A lighting plan and fixtures are requested to be approved by staff and monitor as part of the building permit review. 12.5 Awnings must be functional. • An awning must project at least 3 feet, and not more than 5 feet from the building façade. • An awning may only be installed at a door or window and must fit within the limits of the door or window opening. • Awnings are inappropriate on AspenModern properties unless historic evidence shows otherwise. 206 Exhibit A Review Criteria Exhibit 1 Page 8 of 8 Response – The proposed awning dimensions are 5’ x 25’7” and are installed at the entry to the building. The awning extends to include the door and the window on either side of the entry. A detail is provided on Sheet A31. 12.6 Signs should not obscure or damage historic building fabric. • Where possible, install a free standing sign that is appropriate in height and width. Consolidate signage for multiple businesses. • Mount signs so that the attachment point can be easily repaired when the sign is replaced. Do not mount signage directly into historic masonry. • Blade signs or hanging signs are generally preferred to wall mounted signs because the number of attachment points may be less. • Signs should be constructed of wood or metal. • Pictographic signs are encouraged because they add visual interest to the street. Response – A sign permit will be submitted with compliant signage for staff and monitor review. 12.7 Sign lighting must be subtle and concealed. • Pin mounted letters with halo lighting will not be approved on Aspen Victorian buildings. • The size of a fixture used to light a sign must be minimized. The light must be directed towards the sign. If possible, integrate the lights into the sign bracket. Response - A sign permit will be submitted with compliant signage for staff and monitor review. 12.8 Locate signs to be subordinate to the building design. • Signs should be located on the first floor of buildings, primarily. • Signs should not obscure historic building details. Response - A sign permit will be submitted with compliant signage for staff and monitor review. 207 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) 312 East Hyman Avenue 2737-073-38-009 312 East Hyman Avenue, LLC M Dev, 625 East Main St. Unit 102B, #401, Aspen CO 81611 312-479-2050 mhunt@mdevco.com 300 S. Spring St., #202, Aspen CO 81611 970-925-2855 x2 sara@bendonadams.com A substantial amendment is requested for a 3 story lodge and commercial building currently under construction .Please reference the cover letter for complete history of project approvals and the requested changes. HPC 0 0 0402,437 sf BendonAdams Exhibit B 208 PRE-APPLICATION CONFERENCE SUMMARY PRE-23-124 DATE: November 7, 2023 PLANNER: Amy Simon, Planning Director, amy.simon@aspen.gov REPRESENTATIVE: Sara Adams, BendonAdams, sara@bendonadams.com PROJECT LOCATION: 300 E. Hyman Avenue PARCEL ID: 2737-073-38-009 REQUEST: Substantial Amendment to a Major Development Approval, Relocation DESCRIPTION: In 2017, 300 E. Hyman Avenue was approved for Final Historic Preservation Commission (HPC) Major Development, per HPC Resolution #4, Series of 2017, with the intent to preserve remaining elements of the 19th century structure on the west side of this landmarked site, tie those authentic elements into a representative reconstruction of the Victorian era commercial building, and abut that construction with contemporary architecture on the east and north sides of the property. The end use of the project is a hotel. During the construction process, some limited areas of the south face of the building, which had been thought to retain historic integrity, were re-evaluated and determined to have been heavily altered. These areas were approved by staff and HPC project monitors to be replicated with new construction. This resulted in the retention of the west wall as the sole remaining historic fabric. A similar question about the integrity of the west wall was later raised by the property owner. In response, the City’s Historic Preservation Officer conducted an assessment of the wall in 2021 (attached) and determined that it is a composition of 19th century and 1970s masonry and mortars. The 300 E. Hyman property owner has privately commissioned a study, which staff has not reviewed, that apparently reaches similar conclusions. This report, or other guidance from professionals, has created concern for property owner with the logistical challenges of preserving the wall intact and tying it into the new structure. The representations made during HPC project review regarding preserving a portion of the west wall and its associated murals were key to the HPC approval, and to the encroachment license that was granted by Engineering along Aspen Street and Hyman Avenue, which impacted the community for many months. Staff’s understanding of this pre-application request is to provide a process to approach HPC to preserve less of the west wall, focusing on the area with murals. Staff has indicated to the owner that a request for full removal or dismantling and reconstructing of the wall would arguably be deemed Demolition. This could result in a de-listing of the property as historic landmark and a new Major Development review. Full demolition does not appear to be the owner’s intended path. It has been suggested that the preserved wall area will be “sandwiched” in place then lifted, temporarily relocated for foundation repair, and then re-installed. The question has arisen whether the existing encroachment onto public right-of-way should be corrected in the process. Staff does not have sufficient information to guide a response, at this time. The application can address the benefits of this action, however, bear in mind that moving the location of the wall is arguably another factor that diminishes integrity. Clarification as to the treatment of the existing sandstone foundation wall will be needed. 209 Amendments to HPC approved projects are either deemed Insubstantial (an Administrative Review) or Substantial (an HPC Review) per Municipal Use Code Section 26.415.070.E. A Substantial Amendment application to HPC is defined as one which materially modifies the location, size, shape, materials, design, detailing or appearance of the building elements as originally depicted. In the pre- application conference, the possibility of requesting changes to architectural features or materials on the areas of new construction was raised. This can be included in the Substantial Amendment application, however bear in mind that code language related to Common Development Procedures sets some boundaries to amendments to projects vested in older land use code and changes to the “inherent nature, use, massing, character, dimensions, or design of the project” could be determined to be so significant as to require full re-review of the project. This Substantial Amendment review will be conducted according to the land use code in place at the time the original application for redevelopment was made in November 2015, though staff has not identified any subsequent changes to the relevant code language. Approval would generate a new Development Order but would not establish a new expiration date of the Development Order. The HPC review is one-step, meaning that all details of the proposal will be presented in one application which will be discussed at a public hearing. Staff has determined that Neighborhood Outreach is required, as described at Land Use Code Section 26.304.035. Enhance Public Information is to be provided by the applicant and must include action to inform interested members of the general public about the project, one of the stated purposes of Neighborhood Outreach. After receipt of the application, staff will evaluate the requests and make a recommendation to HPC, and HPC will make a decision to approve, approve with conditions, or deny the proposal, all of which will be based on the Historic Preservation Design Guidelines and Land Use Code Sections applicable to this project. Relocation review is subject to Notice of Call Up at City Council. If HPC approval is granted for Relocation, Council has the authority to remand the decision back to HPC for further consideration. Like all HPC decisions, a change to the current approval is also appealable by any person with a right to appeal as defined at Land Use Code Section 26.314. Recently, the City has contacted the applicant with concerns about progress on constructing the development. Per a letter dated October 27, 2023 from Bonnie Muhigirwa, Chief Building Official, to Mark Hunt, the identified ownership representative, new applications for revisions to land use approvals will be treated separately from the activity required to maintain 0092.2017.ACBK in good standing. While the requests addressed in this pre-application summary may be pursued, review of amendments to land use approvals and historic preservation requirements will not permit suspension of construction activity. A clear explanation of the owner’s perceived challenges of carrying out the project representations must be provided for the Substantial Amendment review. The cost of carrying out the scope is not the concern of the City, but an explanation of technical feasibility is important, and any reports or professional opinions to be taken into consideration in HPC’s findings must be provided in the application. Below are code citations requiring response, and a list of information needed to submit an application. Archived land use code sections will be provided by email. 210 Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.304.035 Neighborhood Outreach 26.415.070.E Amendments, Insubstantial and Substantial 26.415.090 Relocation 26.415.120 Appeals, Notice to City Council and Call-Up For your convenience – links to the Land Use Application and Land Use Code are below: Application Historic Preservation Design Guidelines Municipal Code Review by: Staff for completeness and recommendation, HPC for Substantial Amendment and Relocation, Council for Notice of Call Up if Relocation is granted Public Hearing: Yes Neighborhood Outreach: Yes Referrals: Engineering Planning Fees: $1,950 for 6 billable hours of staff time. (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) Referral Agencies Fee: $325, 1 hour deposit for Engineering (Additional hours will be billed at a rate of $325 per hour.) The Building Department will also be asked to provide an informational referral comment, with no fee. Total Deposit: $2,275 Please email the following as one pdf to amy.simon@aspen.gov. The fee will be requested after the application is deemed complete.  Completed Land Use Application and signed fee agreement  Pre-application Conference Summary (this document)  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant  HOA Compliance form  An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen  List of adjacent property owners within 300’ for public hearing 211  A revised site plan  Revised scaled elevations  Representations of building materials and finishes  Photographs and other exhibits to illustrate the proposed changes  A written and graphic explanation of the proposal and how it complies with the review standards relevant to the application as well as the material representations and commitments made by the Applicant pursuant to the existing development approvals whether in public hearing or documentation presented before the Community Development Department and the Historic Preservation Commission  Relevant assessments of the subject wall  A written explanation of the type of relocation requested (temporary, on-site or off-site)  A written report from a licensed engineer or architect regarding the soundness of the building, structure or object, its ability to withstand the basement excavation, and any rehabilitation needs related to the work  Evidence of the financial ability to undertake the excavation safely, preservation and repair of the building, structure or object; site preparation and construction of necessary infrastructure through the posting of bonds or other financial measures deemed appropriate Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 212 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM July 17, 2024 Ben Anderson Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 300 – 312 East Hyman Avenue Mr. Anderson: Please accept this letter authorizing BendonAdams LLC to represent our ownership interests 300- 312 East Hyman Avenue and act on our behalf on matters reasonably associated in securing land use approvals for a substantial amendment to the previous HPC approval and relocation of the west wall/owl cigar mural. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Property – 300 - 312 E. Hyman Avenue, Aspen, CO 81611 Legal Description – Crystal Palace Subdivision, formerly Lots K, L, M, Block 81, City and Townsite of Aspen. Parcel ID – 2737-073-38-009 Owner – 312 East Hyman Avenue, LLC Kind Regards, 312 East Hyman Avenue, LLC 625 East Main Street, Unit 102B #401 Aspen, CO 81611 Exhibit D 213 58988492.1 730 East Durant Avenue, Suite 200, Aspen, CO 81611 Telephone: 970.925.6300 shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com July 14, 2024 City of Aspen Community Development Department 427 Rio Grande Place Aspen, Colorado 81611 Re: 312 East Hyman Avenue, LLC, a Colorado limited liability company; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that 312 East Hyman Avenue, LLC, a Colorado limited liability company, is the owner of certain improved real property located at 300 and 312 East Hyman Avenue, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Crystal Palace Subdivision, according to the Plat thereof recorded September 7, 2016 in Plat Book 115 at Page 58, and as Reception No. 631971, County of Pitkin, State of Colorado. 312 East Hyman Avenue, LLC’s ownership of the Subject Property is subject to the following matters of record: 1. Exceptions and mineral reservations as contained in Patent to Aspen Townsite recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 2. Terms, conditions, provisions and obligations as set forth in Notice of Historic Designation by City of Aspen recorded January 13, 1975 in Book 295 at Page 515 as Reception No. 172512. 3. Terms, conditions, provisions and obligations as set forth in City of Aspen, Historic Designation recorded in Book 307 at Page 909. 4. Easement reserved by Modern Method Corporation as grantor in the Deed to Virginia M. Metcalf recorded May 12, 1960 in Book 190 at Page 487 as Reception No. 109667. Exhibit E 214 2 58988492.1 5. Terms, conditions, provisions and obligations as set forth in Multipurpose Easement Agreement Electric and Communication Utilities between William R. Shaw Estate and Mountain States Telephone and Telegraph Company and Micro Cable Communications Inc. recorded June 15, 1976 in Book 313 at Page 277 as Reception No. 184652. 6. Terms, conditions, provisions and obligations as set forth in Resolution of The Aspen Historic Preservation Commission Approving an application for Minor Development Located at 312 E. Hyman Avenue recorded June 3, 1999 as Reception No. 431812. 7. Terms, conditions, provisions and obligations as set forth in Agreement for Easement and Access recorded July 25, 2001 as Reception No. 456846 8. Terms, conditions, provisions and obligations as set forth in the Crystal Palace Subdivision Plat recorded September 7, 2016 in Plat Book 115 at Page 58, and as Reception No. 631971. 9. City of Aspen Notice of Approval dated November 10, 2020 and recorded November 16, 202 as Reception No. 670571. 10. Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of May 19, 2022 between Deutsche Bank AG, New York Branch and 312 East Hyman Avenue, LLC, and recorded May 25, 2022 as Reception No. 687787, as amended by Amendment to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated May 17, 2024 and recorded May 17, 2024 as Reception No 702486. 11. Assignment of Leases and Rents dated as of May 19, 2022 between Deutsche Bank AG, New York Branch and 312 East Hyman Avenue, LLC, and recorded May 25, 2022 as Reception No. 687788. 12. UCC-1 Financing Statement of Deutsche Bank AG, New York Branch recorded May 25, 2022 as Reception No. 687789. Sincerely, Curtis B. Sanders 215 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 City Use: Fees Due: $ Received $ Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Property Phone No.: Owner (“I”): Email: Address of Billing Property: Address: (Subject of (send bills here) application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for $ flat fee for $ flat fee for $ flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property Owner: Phillip Supino, AICP Community Development Director Name: Title: 312 East Hyman Avenue, LLC lmanning@mdevco.com 300-312 East Hyman AvenueAspen, CO 81611 M Dev625 East Main Street, Unit 102B #401Aspen, CO 81611 325 1 Mark Hunt Manager, 312 East Hyman Avenue, LLC 724.422.1303 Exhibit F 216 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) □This property is not subject to a homeowners association or other form of private covenant. □This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application do not require approval by the homeowners association orcovenant beneficiary. □This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Owner printed name: or, Attorney signature: date: Attorney printed name: date: 7/17/2024 312 East Hyman Avenue, LLC lmanning@mdevco.com 724.422.1303 300-312 East Hyman AvenueAspen, CO 81611 Exhibit G Mark Hunt 217 0 0.01 0.030.01 mi F Legend City of Aspen Historic Sites Historic Districts Parcels Roads Zoomed Out Roads Zoomed In Source: City of Aspen GIS Vicinity Map Exhibit H218 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. 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From Parcel: 273707338009 on 07/17/2024 Instructions: Disclaimer: http://www.pitkinmapsandmore.com Exhibit I 219 1000 EAST HOPKINS LLC ASPEN, CO 81611 1650 W BUTTERMILK RD 201 EH INVESTMENTS LLC LOS ANGELES, CA 90024 10877 WILSHIRE BLVD #2300 210 COOPER 1D LLC ASPEN, CO 81611 400 E HYMAN AVE #A202 210 COOPER 2A LLC DENVER, CO 80237 8181 E TUFTS AVE #600 210 COOPER CONDO ASSOC ASPEN, CO 81611 210 E COOPER AVE 210 COOPER LLC DENVER, CO 80237 8181 E TUFTS AVE #600 210 E COOPER LLC GREENWICH, CT 06831 PO BOX 4184 215 MONARCH LLC ASPEN, CO 81612 PO BOX 4539 301 E HOPKINS AVE BORROWER LLC OKLAHOMA CITY, OK 73134 14301 CALIBER DR #300 305-7 MILL STREET LLC ASPEN, CO 81611 625 E MAIN ST UNIT 102B #401 308 EAST HOPKINS CONDO ASSOC ASPEN, CO 81611 COMMON AREA 308 E HOPKINS AVE 314 EAST HYMAN UNIT 101 LLC ASPEN, CO 81611 625 E MAIN ST #102 B401 315 E HYMAN AVE HOLDINGS LLC ASPEN, CO 81611 625 E MAIN ST UNIT 102B #401 315 EAST HYMAN AVENUE HOLDINGS LLC ASPEN, CO 81611 625 E MAIN ST #102 B401 360 HEXAGON LLC OVERLAND PARK , KS 66210 9401 INDIAN CREEK PKWY STE 800 400 BUILDING LLC BOCA RATON, FL 33432-3933 306 N PLAZA REAL 400 EAST HYMAN LLC ASPEN, CO 81611 400 E HYMAN AVE # A202 400 HYMAN LLC ASPEN, CO 816112118 1010 E HYMAN AVE 400 HYMAN LLC RIFLE, CO 816500351 PO BOX 351 401 HYMAN AVENUE LLC SCOTTSDALE, AZ 852558712 25189 N 108TH WY 407 HYMAN LLC GLENWOOD SPRINGS , CO 81601 51027 HWY 6 & 24 #100 AJAX JMG INVESTMENTS LLC LOS ANGELES, CA 90020-4820 418 S MCCADDEN PL ASPEN MILL 228 LLC CENTENNIAL, CO 80112 9615 E COUNTY LINE RD #B-396 ASPEN STREET LODGE CONDO ASSOC ASPEN, CO 81611 730 E DURANT AVE #200 BATES NATHANIEL B TRUST ASPEN, CO 81612 PO BOX 9909 BEST ASSPEN CABIN LLC LAGUNA BEACH, CA 92651 88 EMERALD BAY BOGIN ROBERT M ORANGE , CA 928685623 1110 W TOWN AND COUNTRY RD #462 BRINING ROBERT ASPEN, CO 81611 215 S MONARCH ST #203 BRINING ROBERT D ASPEN, CO 81611 215 S MONARCH #203 BUSH ALAN DAVID ASPEN, CO 81611-3342 0046 HEATHER LN 220 CARRIGAN RICHARD A JR OSWEGO, IL 60543 5453 ROUTE 71 CHALET SHANELLE LLC DALLAS, TX 75205 3415 LINDENWOOD AVE CHRISTY 2017 LP DALLAS, TX 75201 325 N ST PAUL ST #4300 CITY OF ASPEN ASPEN, CO 81611 427 RIO GRANDE PL CLARK LOIS P REV TRUST SNOWMASS VILLAGE, CO 81615 PO BOX 5815 CLARKS ASPEN LLC BASALT, CO 81621 501 SOPRIS CRK RD COHEN FRANK R DENVER, CO 802092374 1001 E BAYAUD AVE #605 COLLINS BLOCK CONDO ASSOC ASPEN, CO 81611 COMMON AREA 204 S MILL ST COLLINS BLOCK LLC ASPEN, CO 81611 205 S GALENA ST DAVIDSON ARIAIL SCOTT ASPEN, CO 81612 PO BOX 5141 DAVIS HORN INCORPORATED ASPEN, CO 81611 215 S MONARCH #104 DCBD2 LLC DALLAS, TX 75201 2100 ROSS AVE #550 DESOTO LINDA JANE LIVING TRUST ASPEN, CO 81611 155 LONE PINE RD #9 DOLE MARGARET M ASPEN, CO 816111989 400 E HYMAN AVE #302 ELK MOUNTAIN HOSPITALITY LLC ASPEN, CO 81611 328 E HYMAN AVE ELLIOTT ELYSE A TRUST ASPEN, CO 81611 610 NORTH ST FOOTLOOSE MOCCASIN MAKERS INC CANON CITY , CO 812129484 44 SILVERADO CT G & K LAND CO LLC CARBONDALE, CO 81623 0167 WILLOW LN GOODING NANCY A ENGLEWOOD, CO 80111 4800 S HOLLY ST GORDON BRIAN S BIRMINGHAM, MI 48009 645 W BROWN ST GRAND SLAM HOLDINGS LLC ASPEN, CO 81611 215 S MONARCH ST #101 GUTNER TODDI L GST DESC TRUST ASPEN, CO 81611 235 PUPPY SMITH ST #4804 HART GEORGE DAVID & SARAH COTOPAXI, CO 812238897 245 BRANDING IRON HILLSTONE RESTAURANT GROUP INC PHOENIX, AZ 85016 2710 E CAMELBACK RD #200 HOFFMAN JOHN L & SHARON R TRUST KANSAS CITY, MO 64108 411 E 63RD ST HUNT4ASPEN LLC EVERGREEN, CO 80439 28526 EVERGREEN MANOR DR JOHNSON PETER C & SANDRA K ASPEN, CO 81611-1008 51 OVERLOOK DR JPS NEVADA LLC GEORGETOWN, TX 78626 109 W 7TH ST #200 KANTZER TAYLOR FAM TRST #1 MANHATTAN BEACH, CA 90266 216 SEVENTEENTH ST KATIE REED PLAZA CONDO ASSOC ASPEN, CO 81611 301 E HOPKINS AVE 221 KELLY GARY ASPEN, CO 81612 PO BOX 12356 KIEFFER LAWREN SAN FRANCISCO, CA 94122 1435 48TH AVE LARRABEE DONALD C JR COLORADO SPRINGS, CO 80909 1417 POTTER DR STE 105 LEAR STEFANIA ASPEN, CO 81612 PO BOX 3394 LEATHERMAN ROBERT D ASPEN, CO 81612 PO BOX 11930 LEE FRANCIS A III MOORESVILLE, NC 28117 706 NORMANDY LIMELIGHT ASPEN LLC ASPEN, CO 81611 117 ASPEN BUSINESS CENTER LIMELIGHT SUB/PUD ASPEN, CO 81611 E HYMAN AVE LORING PETER & ELIZABETH S BOSTON, MA 02110 230 CONGRESS ST MAJESTIC VALLEY LLC LONGWOOD, FL 32791 PO BOX 915589 MCDONALD FIONA ASPEN , CO 81611 210 E HYMAN AVE #4 MH ASPEN LLC ASPEN, CO 81611 215 S MONARCH #202 MH ASPEN LLC ASPEN, CO 81611 411 LACET LN MILL STREET PLAZA ASSOC LLC ASPEN , CO 81611 602 E COOPER #202 MOJO ASPEN LLC ASPEN, CO 81611 215 S MONARCH #G102 MOTHER LODE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 314 E HYMAN AVE MOTHER LODE CONDO ASSOC INC DALLAS, TX 75225 5956 SHERRY LN STE 1500 MOUNTAIN GETAWAY PROPERTIES LLC MIAMI BEACH, FL 33139-1343 9 ISLAND AVE # 2103 NEWMAN KERRY J & RICKI R NEWBURGH, IN 47630 617 PRINCE DR ORR ROBERT L GRAND JUNCTION, CO 81506 2700 G ROAD #12A P & C COOPER STREET LLC EVERGREEN, CO 80439 32723 UPPER BEAR CREEK RD PARK CENTRAL 201/202 LLC ASPEN, CO 81611 625 E HYMAN AVE #201 PARK CENTRAL CONDO ASSOC ASPEN, CO 81611 215 S MONARCH ST STE 203 PARK CENTRAL POWDER DAY LLC ASPEN, CO 81611 113 ASPEN GROVE RD PARK CENTRAL WEST CONDO ASSOC ASPEN, CO 81611 210 E HYMAN AVE PCU-5 LLC ASPEN, CO 81612 PO BOX 2563 PITNER N KATHRYN ASPEN, CO 81612 PO BOX 11930 PLACE BRADLEY E JR REV TRUST LITTLETON, CO 80121 5701 S COLORADO BLVD PLACE PENNY L REV TRUST LITTLETON, CO 80121 5701 S COLORADO BLVD PLUMERIA PARTNERS LLLP ASPEN, CO 81611 925 CHATFIELD RD 222 POLETTO STEPHEN SAN FRANCISCO, CA 94122 1435 48TH AVE PROSPECTOR FRACTIONAL OWNERS ASSOC ASPEN, CO 81611 301 E HYMAN AVE ROCKIES ACQUISITION CO I LLC ASPEN, CO 81611 730 E DURANT AVE #200 ROCKIES ACQUISITION CO II LLC ASPEN, CO 81611 760 E DURANT AVE #200 SCULL JAMES E ASPEN, CO 81612 PO BOX 2051 SEDOY MICHAEL ASPEN, CO 81611 308 E HOPKINS AVE #301 SEGUIN BUILDING CONDO ASSOC ASPEN, CO 81611 COMMON AREA 304 E HYMAN AVE SHADOW MOUNTAIN BAY LLC FORT WORTH, TX 76116 4041 SHADOW DR SHENNAN MELISSA A REV TRUST CHICAGO, IL 60610 1242 N LAKE SHORE DR #4S SHVACHKO NATALIA ASPEN, CO 81611 308 E HOPKINS AVE #301 SMITH NATHANIEL THOMAS MOORESVILLE, NC 28117 706 NORMANDY TOM THUMB BUILDING CONDO ASSOC ASPEN, CO 81611 400 E HYMAN AVE TORRE ASPEN, CO 81612 PO BOX 2230 TRUE JAMES R ASPEN, CO 81612 PO BOX 2864 WELLS FARGO BANK CARLSBAD, CA 92018 PO BOX 2609 WENDELIN ASSOC PITTSFORD , NY 14534 1173 PITTSFORD VICTOR RD #250 WHEELER SQUARE CONDO ASSOC ASPEN, CO 81611 315 E HYMAN AVE #305 WHITMAN FINE PROPERTIES ASPEN, CO 81611 210 E HYMAN AVE #101 WHITMAN WENDALIN ASPEN, CO 81611 210 E HYMAN AVE #101 WHITMAN WENDALIN ASPEN, CO 81612 PO BOX 472 YOUNG BARBARA A ASPEN, CO 81611 210 E HYMAN #9 YOUNGS RICHARD B & JACQUELINE L TRUST BROOKLYN, MI 49230 3940 MARSH RD 223 Exhibit J.1 224 225 226 227 Exhibit J.2 22 8 Exhibit J.3 229 230 Exhibit J.4 231 232 233 Exhibit J.5 234 235 236 Exhibit J.6 237 238 239 Exhibit J.7 240 241 242 243 244 300 East Hyman PreservaƟ on Plan The building located at 300 East Hyman Avenue, aka the Crystal Palace, has been heavily altered over Ɵ me. The applicant is commiƩ ed to restoring the building based on historic photographs. A preliminary preservaƟ on plan is proposed to outline the methodology and documentaƟ on available and to idenƟ fy areas that need further study in the fi eld aŌ er removal and demoliƟ on of non-historic elements. Methodology: Historic photographs, visual site inspecƟ on and onsite discussion with the Aspen Historic PreservaƟ on Offi cer were used to produce this plan. History: This structure is a typical brick commercial building constructed as the town’s prosperity grew. Brick provided greater fi re protecƟ on than wood, and indicated a sense of “permanence.” The oldest part of the building (the western part) was built by S.B. Clark in 1891. Named the Clark Commission Company, it was uƟ lized as a wholesale produce house. In the early 1900s, E. M. Cooper bought the business and changed the name to Aspen Com- mission Company. The building was later vacant for a period of years, unƟ l bought by Mead Metcalf, who operated a dinner theater, “The Crystal Palace,” there from 1959 unƟ l 2008. The building has had numerous alteraƟ ons, including addiƟ ons to the east and rear which obscure the original character. All windows have been replaced and new storefronts have been constructed across the enƟ re south facade. www.aspenvictorian.com Summary: The building is proposed to be accurately restored using available historic photographs. QuesƟ ons about the original confi guraƟ on of the storefront are unanswered. Comparing historic photographs to the current condiƟ on raise uncertainty about the original height of the Owl Cigar mural and the original height of upper fl oor window openings. Onsite mock-ups of brick details, as noted, are proposed for review by Staff and monitor during the construcƟ on process. Other items for Staff and monitor include verifi caƟ on of historic elements during demoliƟ on. Exhibit J.8 24 5 South ElevaƟ on/ Front Façade Brick: The upper fl oor of the front façade has been enƟ rely reconstructed. In addiƟ on at ground level, the eastern most column of the historic building has been reconstruct- ed. The eastern most column was originally 3 and a half bricks wide. It was extended to probably accomodate the shed roof form. The corner column and the center col- umn match original dimensions in the photographs, and appear to have original brick; however, past repoinƟ ng used a grey mortar color typical of repairs over the past de- cades that did not match original mortar color common to Aspen in the 19th century. Proposal: Remove the second fl oor (including the brick corbel) and the unoriginal col- umn during demoliƟ on. Preserve and protect the corner and middle column on the south elevaƟ on. Reconstruct brick column to match historic photograph dimension of three and a half bricks wide. Determine in the fi eld the authenƟ city of the brick di- rectly above the storefront aŌ er the non-historic wood cornice above the storefront is removed. Reconstruct upper fl oor with bricks to match fi rst fl oor west elevaƟ on, sub- ject to Staff and monitor approval prior to installaƟ on. Color, dimension, mortar style and color to match typical historic commercial buildings in Aspen, subject to Staff and monitor approval prior to installaƟ on. A mock up onsite is recommended to confi rm appropriate technique and applicaƟ on. Brick corbel: The brick corbel detail above the storefront was added to the front façade and is carried around to the west façade. Proposal: Remove the brick corbel and replace with a fl at conƟ nuous wall plane to match historic photographs. B&W photograph at top: Close up view of building pre- 1930s. Color photographs (leŌ to right): Current condiƟ on of columns; current detail of brick corbel, current building. Next page: Collage of photographs used to verify dimensions, dated 1971 and 1966. 1900s current currentcurrent 24 6 19711971 1966 1966 24 7 Cornice: A decoraƟ ve cornice caps the enƟ re building. The end brackets and corner pendant of the upper cornice matches the original photographs. As the build- ing was expanded, the cornice was replicated to extend the length of the building on the west and south elevaƟ ons. The authenƟ city of the denƟ l molding needs fi eld verifi caƟ on. The storefront also has a decoraƟ ve cornice that completes the storefront. The end bracket of the cornice atop the storefront matches historic photographs; how- ever, the profi le of the cornice molding appears to have been replaced or parƟ ally replaced when the cornice was extended to accomodate the addiƟ on to the building. Comparing the 1950s and 1966 photographs to the 1971 photographs shows that a fl at back was added to the end bracket. The 1950s photograph shows only one end bracket. It is assumed that the other bracket was lost, possibly when the roof collapsed. Proposal: Work with Staff and Monitor to replicate the original cornice for the top of the building and the original cornice above the storefront (which appears to be fairly simple molding) using historic photographs and informaƟ on gathered during demoliƟ on. Examine the decoraƟ ve corner brackets of the cornice above the storefront to determine authenƟ city as they may have been part of the original cornice that was salvaged and reused during a previous remodel. Work with Staff and Monitor to determine an appropriate molding for the cornice atop the storefront. Retain all material determined to be original. 1971 current LeŌ to Right: 1971 photograph with altered storefront cornice - note the backing behind the end bracket. The upper cornice is most likely original; Current photograph of upper cornice. Next page (clockwise): 1950s photograph showing one end bracket for storefront cornice and more depth to cornice molding above storefront; 1966 photograph aŌ er Crystal Palace improvements are made; Current photograph of end bracket and upper cornice; 1971 photograph of storefront cornice. 24 8 1971 1950s 1966 current 24 9 Upper fl oor windows: During the 1960/70s remodel, an addiƟ onal window was added to the upper fl oor for a total of 5 windows instead of the original 4 windows. The height of the window openings was reduced at some point - verifi ed by counƟ ng bricks in the historic pre-remodel photographs. The upper fl oor double hung windows were replaced with casement style. The delicate brick detailing above the windows was replaced with a faux-Romanesque brick design. The window sills, originally pink sandstone, were replaced with what appears to be cast stone or machine cut sandstone. Proposal: Restore 4 double hung windows, centered across the front façade and above storefront openings, to match historic photographs. All upper fl oor windows proposed to be wood and rectangular with wood fi lling in the curved opening to match historic condiƟ on. The 1971 photographs show the window openings to be about 31 bricks tall (current condiƟ on is about 23 bricks to the boƩ om of the exaggerated arch). Height of the windows in relaƟ onship to the storefront is unclear based on the angles and resoluƟ on of historic photographs. We propose to work with Staff and Monitor to conƟ nue to research and refi ne window height and relaƟ onship to storefront. Replace cast stone window sills with sandstone window sills - color to match typical sandstone of the era, subject to Staff and monitor approval. Replicate the delicate brick detailing around the upper fl oor windows to match historic photographs. An on-site mock-up is proposed to verify brick detailing with Staff and Monitor. Storefront: The storefront has evolved over Ɵ me as tenants changed hands. The original confi guraƟ on and height is hard to idenƟ fy in historic photographs; however close-up views of high resoluƟ on aerial photographs seem to show the two openings between brick columns are divided into two entrances/windows. On the other hand, the 1893 aerial shows a centered entrance with windows on either side and no verƟ cal division of the bay. When the Midnight Mine occupied the building from the mid-1930s to 1951, the far right bay was a garage to house and service trucks and store equipment. The current height of the storefront may be shorter than the original condiƟ on (the blurry historic photographs make it hard to count bricks and verify height). Field verifi caƟ on aŌ er removal of the cornice atop the storefront will hopefully provide some answers. The intent is to restore the storefront to the original height and proporƟ on. Proposal: A wooden storefront is proposed. The entrance is proposed to the far leŌ similar to the current condiƟ on. The right bay is proposed to be a large storefront window. Considering the uncertainty around the original appearane of the storefront, the proposed storefront is similar to the current confi guraƟ on. LeŌ : 1893 Bird-eye view detail of building. Next page (clockwise): Right bay is converted to a garage door as part of the Midnight Mine operaƟ on; current storefront; garage bay is removed; store- front confi guraƟ on prior to sliding barn door. 1893 25 0 1950s current 1900s 1962 25 1 West ElevaƟ on/Monarch Facade Brick: Similar to the front elevaƟ on, the upper fl oor brick has been enƟ rely reconstructed, and the building has been extended to the rear, as evidenced by the change in foun- daƟ on material from sandstone to concrete. Proposal: Remove the second fl oor (including the brick corbel) during demoliƟ on. Preserve and protect the historic porƟ on of the ground fl oor including the Owl Cigar Mural during construcƟ on. Reconstruct upper fl oor with bricks to match fi rst fl oor west elevaƟ on including the American/common brick bond course evident on the ground level of the west elevaƟ on, subject to Staff and monitor approval prior to installaƟ on. Color, dimension, mortar style and color to match typical historic commercial buildings in Aspen, subject to Staff and monitor approval prior to installaƟ on. A mock up onsite is recommended to confi rm appropriate technique and applicaƟ on. Owl Cigar Mural: The historic mural harkens back to the original tenant of the building – the Clark Commission Company – a wholesale produce house. The historic mural was repainted in 1977 by RP Evans according to the signature at the base of the mural. The height of the Owl mural may have been changed as evidenced by its relaƟ onship to the storefront height in historic photographs vs. current condiƟ on. Around 66 verƟ cal bricks are counted on the historic photograph and about 61 verƟ cal bricks are counted onsite today. The unoriginal brick corbel may have resulted in a shortened historic mural. As noted above, the storefront height may have been changed as well. Proposal: Protect the mural during construcƟ on. No change proposed. Cornice: see discussion above. Remove brick corbel from west elevaƟ on. LeŌ : Current relaƟ on- sip of mural to store- front cornice. Right: 1966 relaƟ on- ship of mural to store- front cornice. 1966current 25 2 Photographs clockwise: 1971 photograph showing mural hiƫ ng the upper fl oor window sills; current photograph showing gap between win- dow sills and mural; 1962 photograph showing mural hiƫ ng the upper fl oor window sills. current 1971 1962 25 3 Upper fl oor windows: During the 1960/70s remodel, the grouping and number of upper fl oor windows was signifi cantly altered from the original 6 equally spaced double hung windows. The height of the upper fl oor windows, verifi ed by counƟ ng bricks, was also reduced. The 1971 photographs show the window openings to be about 31 bricks tall (current condiƟ on is about 23 bricks to the boƩ om of the exaggerated arch). The upper fl oor double hung windows were replaced with casement style. The delicate brick detailing above the windows was replaced with a faux-Romanesque brick design. The window sills, originally pink sandstone, were replaced with what appears to be cast stone or machine cut sandstone. Proposal: Restore 6 double hung windows. All upper fl oor windows proposed to be wood and rectangular with wood fi lling in the curved opening to match historic condiƟ on. Window openings to match historic dimensions. Spacing of the windows is slightly diff erent than historic photographs to accommodate the proposed use of the building. A slightly diff erent spacing is a subtle way to show that this elevaƟ on was reconstructed and is not original. Replicate original window height based on historic photographs. Re- place cast stone window sills with rough cut sandstone window sills - color to match typical sandstone of the era, subject to Staff and monitor approval. Replicate the delicate brick detailing around the upper fl oor windows to match historic photographs. Ground level openings: SomeƟ me aŌ er 1962, ground level doors and window openings were bricked in. Luckily there are clear ghost shadows indicaƟ ng the locaƟ on and dimension of these openings. Proposal: Restore openings with wood windows or doors to match historic photographs and exisƟ ng shadow lines. Work with Staff and Monitor to detail these elements prior to construcƟ on and installaƟ on. The openings are not proposed to be operable. Steps and coal shoot: The remnants of a possible coal shoot and three concrete steps exist toward the rear (alley) of the west elevaƟ on, and sit within the right of way. The steps do not align with the ghost images of bricked in entrances and were probably shiŌ ed over Ɵ me. Proposal: Store concrete steps off -site during construcƟ on and replace in front of restored entrances at rear of west wall pending approval from Engineering via an encroachment license. The “coal shoot” is not proposed to be replaced. Photographs (leŌ to right): Current photograph to show ghost image of original door locaƟ on; current photograph to show concrete steps and “coal shoot”. Next page (clockwise): 1971 photograph detail of original window openings, sandstone sill, and delicate brick detail; current photograph of cast stone window sill; current photograph of upper fl oor windows; 1893 drawings of west elevaƟ on showing openings; 1966 photograph of west elevaƟ on showing openings. currentcurrent 25 4 1971 1966 1893 current current 25 5 INTEGRATED CONSERVATION RESOURCES, INC. 44-02 11th Street, Suite 604 Long Island City, NY 11101 10005 t 212.947.4499 f 212.947.7766 icr-icc.com M Development 312 East Hyman LLC Jimmy, I wanted to get back to you about my visit to the South Wall of the Crystal Palace and put in writing some of my thoughts and observations. As you know, I carried out a site visit on September 1st, 2022. The purpose of this visit was to carry out a cursory survey of the interior and exterior conditions of the south wall. In addition, I reviewed changes and modifications which could be observed in the current wall construction. ICR reviewed historic photographs and text that defined some of the modifications made. The chronological development of the building over time is convoluted and these changes have greatly altered the south façade since its date of construction. Today the brickwork that remains is a confusing set of variations that have little connection to any one point in the building’s history. The one artifact that remains intact is not original, it is a replication and series of over paintings of the original Owl Cigar Mural which was implemented in 1977 and is less than 50 years old. The following are several bullet points that describe why what little remains in place today of the south wall is very limited, confusing, and does not represent any specific period in the history of construction of the building: •The current south elevation brick wall is now only one story in height, all previous openings have been modified and/or filled in. Some ghosts of old openings can be observed but have been filled in with non-original brick. •These repairs and modifications have been carried out with the use of new brick in some locations and old replscement brick in others, making it difficult to discern what is original and what is not. •Numerous different mortars from different periods of time are present with a variation of colors, hardness, texture, and density. Some of the mortar appears too dense and hard for the surrounding older softer brick and therefore incompatible. •A good amount of sandstone foundation units remains. •The original Owl Cigar painted sign (mural) is a replication and series over paintings of the original Owl Cigar Mural which was implemented in 1977 and is less than 50 years old. In a report issued on August 21st, 2021 by Historic Preservation Representatives, Natalie Feinberg Lopez and Sarah Yoon they say: “The brick masonry wall above the historic rubble foundation seems to have been reconstructed at various points in time, using both historic materials and new materials. Some brick is historic, possibly from the original period of construction, with lime mortars to meet the period of the brick. However, there is no particular section of the wall that can be designated to match the period of the rubble foundation. It appears that there is a patchwork of repairs, with reused materials, combined with infill and new materials”. From the perspective of trying to be historically accurate and not confuse the public, it would seem that the little amount of material left of the south wall should be removed. To keep the memory of Exhibit K 256 the Crystal Palace building alive today, and for future generations, it would seem that preserving the current Owl Cigar Mural and designing and installing an adjacent plaque that informs the interested visitor what they are looking at and brief history of the building would be most effective. We would be happy to provide a number of design concepts on this theme if it might be of interest to the City of Aspen. Carefully extracting the mural in a non-destructive manner is something ICR has experience with. The general process is to make sure the brickwork that makes up the mural is stable. Surface penetrating radar can be used to determine if there are any subsurface voids or cracks. Repointing and injection grouting may be required with compatible materials. Once this is complete, the rear section of the mural is backed with an appropriate structural material to link the exposed rear brick surface together. This backing is brought past the mural boarders. A metal frame is then placed on both the interior and exterior elevations outside the mural boarder. Protective padding is placed on the brick and wood is used to displace pressure as the interior and exterior frames are bolted together though the brickwork. Once the system is in place the wall around the mural can be carefully disassembled and cut with diamond encrusted tools so that it can be lifted out of place. Once out, a custom designed frame and backing would be installed and the mural set into its new location. The above work requires study to design a system of compatible materials to carry out the stabilization, relocation and resetting. In addition, a specialized structural engineer would be required to calculate loads and to ensure that the frame and support systems can carry the weight and avoid unnecessary point loading. We look forward to working with you to preserve the memory of the Crystal Palace and responsibly serve the people of Aspen. Sincerely Yours Glenn Boornazian President and Principal Conservator 257 SP Engineers Consulting Structural Engineers 134 N. LaSalle Street, Chicago, Illinois 60602 P: 312.332.2800 F: 312.332.2820    June 20, 2023 Robert Avila Modif Architecture Aspen, CO RE: 300 Hyman, Aspen – Existing non-bearing wall along east face Mr. Avila, This is regarding condition of existing east wall at 300 Hyman, Aspen. Figure 1 thru 4 shows existing condition of the solid masonry wall at the site. As it can be seen in figures the overall structural condition of the wall is poor with cracked brick, deteriorated and loose mortar, masonry voids and structural steel embedded in the existing wall. Numerous mortars that vary in hardness, texture and density are present with some of the mortar appears too dense and hard for surrounding older softer brick masonry for any possibility of repair. It is our opinion that the existing wall is structurally unstable and should be removed and rebuilt with existing brick. If you have any questions, please feel free to reach out to us. Sincerely, Jeff Pribyl, PE SP Engineers, Ltd. 258 SP Engineers Consulting Structural Engineers www.spengineersltd.com 134 N LaSalle Street, Suite 1930, Chicago, Illinois 60602 P: 312.322.2800 F: 312.332.2820 Figure 1 Exterior View 259 SP Engineers Consulting Structural Engineers www.spengineersltd.com 134 N LaSalle Street, Suite 1930, Chicago, Illinois 60602 P: 312.322.2800 F: 312.332.2820 Figure 2 Interior View 260 SP Engineers Consulting Structural Engineers www.spengineersltd.com 134 N LaSalle Street, Suite 1930, Chicago, Illinois 60602 P: 312.322.2800 F: 312.332.2820 Figure 3 Interior View of Deteriorated Wall 261 SP Engineers Consulting Structural Engineers www.spengineersltd.com 134 N LaSalle Street, Suite 1930, Chicago, Illinois 60602 P: 312.322.2800 F: 312.332.2820 Figure 4 Interior View of Deteriorated Wall 262 FIELD REPORT ADDRESS: 300 Hyman Street, Aspen, CO 81611 DATE AND TIME: 08/24/2021 11am HISTORIC PRESERVATION REP: Natalie Feinberg Lopez, Sarah Yoon OWNER/ARCHITECT: Mark Hunt PRESENT ON SITE : Luciana Tescari (Centaur), Michael Buglione (Centaur), Sarah Yoon (HPC), Natalie Feinberg Lopez (HPC) WEATHER CONDITIONS: Sunny, clear sky, light breeze, 74F NOTES: Sarah Yoon (Historic Preservation Planner, City of Aspen) and Natalie Feinberg Lopez (Historic Preservation Officer, City of Aspen) were on site at 300 Hyman Street on August 24, 2021 to conduct portable XRF testing to determine the age of the exterior wall on the West elevation. Test results and report can be found below. FINDINGS: Findings from the portable XRF testing shows masonry and mortars from various time periods throughout the wall with no specific match found. 1. The Basalt Peachblown sandstone rubble foundation is appropriate to the earliest construction periods in Aspen, both in the type of construction and in the materials, with the historic lime mortar. While the mortar is intact, the test result show that the mortar has deteriorated, and requires repair before the next phase of construction. Repairs will require a lime mortar to match the historic mortar. A mortar test (see Recommendation 1b) is needed to find the correct match to the foundation mortar. Note that current engineering drawings show new mortar is required to be 3000psi compression strength, however the stone would need to be stronger than 3000psi for this to work. 3000psi mortar will damage the stone in the foundation wall. Lime mortar can get to high psi ratings, but it must be less than the masonry unit compression strength. 2. The brick masonry wall above the historic rubble foundation seems to have been reconstructed at various points in time, using both historic materials and new materials. Some brick is historic, possibly from the original period of construction, with lime mortars to meet the period of the brick. However, there is no particular section of the wall that can be designated to match the period of the rubble foundation. It appears that there is a patchwork of repairs, with reused materials, combined with infill and new materials. While the mural has been repainted, the current mural is over fifty years in age, and is expected to be preserved for the community. The exterior wythe of brick is required to be retained along with the rubble foundation, as 263 currently constructed. Interior wythe construction is expected to meet the structural engineering requirements for modern construction methodologies, while retaining the exterior wythe as a veneer. Historic brick retention is encouraged for the interior wythe. 3. The rubble foundation may have an interior concrete pour applied once the historic lime mortar has been upgraded. Lime mortars require the ability to express moisture vapors. One side of the historic foundation will need to be free of all moisture barriers, including Portland cement. Shotcrete is not an acceptable treatment, as the application is not the preferred treatment for historic foundations and typically does damage to historic sandstone and lime mortars. Other foundation options are required. RECOMMENDATIONS: The following recommendations are requested for construction and repair methods to be approved for the existing West wall at 300 Hyman Street. 1. Historic Rubble Foundation a. Test the historic lime mortar of the rubble sandstone foundation of the West elevation for correct match to the mortar currently in situ. b. Use the Middendorf method for testing or ASTM C114 – Standard Test Methods for Chemical Analysis of Hydraulic Cements. c. Restore historic foundation using matching lime mortar. d. https://www.uvm.edu/~tvisser/HP306/HistoricMortarTestsNCPTT.pdf 2. New Foundation a. An interior pour of a Portland cement foundation wall may be applied to the structural engineering team’s specification, while allowing the exterior of the wall access to vapor permeability. b. Portland cement is considered a vapor barrier and may only be applied to one side of the historic rubble foundation. All moisture must be diverted away from the historic rubble foundation, as it will deteriorate the historic mortar and masonry units. c. Shotcrete is not an acceptable method of application for the foundation. 3. Existing Brick Masonry a. The exterior wythe of the brick masonry wall on the West elevation must be maintained as currently constructed, with protection of the painted mural. b. While the interior wythe may be altered to meet the structural engineering team’s requirements, it is strongly encouraged to retain the historic brick or use it elsewhere in the project. c. The exterior wythe may be used as a veneer for the interior wythe construction. 264 SITE PHOTOS: Photo 1: Interior of the West wall, North end. Rubble foundation is seen at the base of the wall, with various stages of construction using historic bricks and mortars. Arrow to dot show XRF testing location for the historic lime mortar. SYoon. 08/24/21 265 Photo 2: Interior of the West wall, North half. Various periods of construction can be seen, using both historic bricks and mortars, as well as new brick infill and Portland cement-based mortars. XRF sample locations for interior historic and new brick and mortar are shown with the arrows an dots. SYoon. 08/24/21 266 Photo 3: Exterior of the West wall, approximately at the midpoint between North and South. Photo has brick has both historic and new brick. The arrow shows the XRF testing location for the exterior historic brick and mortar. SYoon. 08/24/21 267 Photo 4: Exterior of the West wall, north of the midpoint. Photo has brick has both historic and new brick. The arrow shows the testing location for the exterior new brick and mortar. SYoon. 08/24/21 268 PORTABLE XRF RESULTS: Crystal Palace Testing – Masonry and Mortar of the West Wall The site visit to the Crystal Palace was specifically to review the West elevation in order to conduct a cursory testing protocol with the portable XRF, designed to identify the historic portions of the wall that were part of the original construction. Findings were mixed, with no matches between old brick, new brick, and all the mortars tested. The closest to a match was between Sample #4 and Sample #10, both historic lime mortars, #4 from the rubble foundation, and #10 from the exterior wythe of the West wall. Findings indicate that the current wall was repaired and possibly reconstructed using historic brick and new brick at the period of the dinner theater’s remodel, as well additional new brick that has been added during the current construction phase. The total effect is a patchwork of construction periods and materials. The exterior wythe of brick is more cohesive than the interior wythe, with more historic material intact. The findings from the XRF are below with brief descriptions explaining the spectra and data points found. Typical matches show similar ratios, specifically with secondary trace elements acting as the “fingerprints” that identify matches between materials. No matches were found with the cursory tests conducted. 269 1. West Elevation, Interior Brick - New (Patch) 0 10 20 30 40 - keV - 0 1 2 3 4 5 x 1E3 Pulses Element Net Element Net Element Net Al 130 Co 764 Au 22 Spectra above shows a high peak at Fe (Iron) and at Ca (Calcium) as expected for brick. Additional secondary elements are highlighted that commonly assist in identification of matched materials. Si 1004 Ni 118 S 113 Cu 266 Cl 1511 Zn 439 Ar 585 Se 68 K 1406 Br 71 Ca 10796 Sb 1568 Ti 1473 Te 537 Cr 55 W 99 Mn 464 Ir 196 Fe 50607 Pt 71 270 2. West Elevation, Interior Brick – Old Element Net Element Net Al 65 Cu 102 Spectra above shows a high peak at Fe (Iron) and at Ca (Calcium) as expected for brick. Secondary elements are highlighted that commonly assist in identification of matched materials. Note Si (Silica) is lower than in Sample #1 of the new brick, which is a common identification for wear and deterioration. While this may have been intrinsic to the brick at the time of manufacture, it is common that the silica depletes as part of the aging process. Si 872 Zn 312 S 110 Se 51 Cl 1321 Br 25 Ar 492 Sb 387 K 1503 Te 128 Ca 14780 W 34 Ti 1245 Ir 201 Cr 12 Pt 43 Mn 506 Au 11 Fe 62967 Tl 87 Co 612 Ni 72 0 10 20 30 40 - keV - 0 1 2 3 4 5 x 1E3 Pulses 271 3. West Elevation, Interior Mortar, Old Element Net Element Net Al 135 As 60 Spectra above shows a high peak at Fe (Iron) and at Ca (Calcium). Note that the two peaks are similar in height, with Ca surpassing Fe, which is appropriate for a lime mortar. Additional secondary elements are highlighted that commonly assist in identification of matched materials. Note the amount of Ti (Titanium) and Mn (Manganese) is not typical of lime mortars, but usually of brick. This would commonly be an indication of the addition of brick dust as a pozzolan that would suggest an additional test for confirmation. Si 789 Rb 74 S 180 Sr 29 Cl 1566 Sb 2960 Ar 631 Te 866 K 948 Ba 103 Ca 21213 W 60 Ti 572 W 32 V 68 Ir 96 Mn 336 Pt 113 Fe 24890 Au 75 Co 192 Ac 40 Ni 101 Pa 43 Cu 207 Zn 315 0 10 20 30 40 - keV - 0 1 2 3 4 5 x 1E3 Pulses 272 4. West Elevation, Interior Foundation, Mortar (Old) , in 0 10 20 30 40 - keV - 0 1 2 3 4 5 x 1E3 Pulses Element Net Element Net Al 100 Te 794 Spectra above shows a high peak at Fe (Iron) and at Ca (Calcium). Note both peaks are significantly lower than the mortar sample in #3, showing deterioration and wear of the foundation lime mortar. While the secondary elements are important to compare, they do not match sample #4, indicating different mortars from different construction periods. Si 570 Ba 121 S 93 W 51 Cl 1667 Ir 194 Ar 812 Pt 220 K 656 Hg 81 Ca 10028 Ti 427 V 42 Mn 157 Fe 19457 Co 333 Ni 140 Cu 346 Zn 359 As 119 Br 41 Sb 1186 273 5. West Elevation, Exterior Brick, New (Infill) Element Net Element Net Al 192 Sb 359 Spectra above shows a high peak at Fe (Iron) and at Ca (Calcium), however the Fe peak is extremely high for the materials tested, and very different when compared to the new brick on the interior, indicating two different types of brick from different periods of construction. Secondary elements of note include Ti (Titanium) which has a high ratio to Ca (Calcium) in comparison to the other samples. Si 1320 Te 232 S 76 W 91 Cl 1481 Ir 212 Ar 657 Pt 73 K 1717 Au 123 Ca 3892 Tl 57 Ti 1553 Pb 40 V 116 Bi 13 Cr 84 Ac 40 Mn 646 Th 68 Fe 59737 Co 613 Ni 84 Cu 321 Zn 281 Sn 184 0 10 20 30 40 - keV - 0 1 2 3 4 5 x 1E3 Pulses 274 6. West Elevation, Exterior Brick, Old Element Net Element Net Al 188 Sn 179 Spectra above shows a high peak at Fe (Iron) and at Ca (Calcium) with the Ca peak even lower than in sample #5. This is the first brick sample with the Ca (Calcium) and the Si (Silica) having nearly the same data points, which is more common in older low-fire brick. Secondary elements of note include Ti (Titanium) that is in a high quantity by comparison, that would typically be used to identify a local brick. Additional samples of historic Aspen low-fire brick can be compared to see if there is a local match. Si 1488 Te 91 S 92 Ba 323 Cl 1433 W 108 Ar 683 Ir 183 K 2174 Pt 71 Ca 1837 Hg 163 Ti 1875 Tl 55 V 127 Pb 63 Cr 88 Ac 85 Mn 390 Th 138 Fe 55073 Co 674 Ni 64 Cu 301 Zn 475 Se 151 Br 126 Rb 19 0 10 20 30 40 - keV - 0 1 2 3 4 5 x 1E3 Pulses 275 7. West Elevation, Exterior Mortar, Old Element Net Element Net Al 109 Te 983 Spectra above shows a high peak at Fe (Iron) and at Ca (Calcium) with a higher peak at Ca common to lime mortars. Si (Silica) is slightly low, indicating the joint mortar should be watched for deterioration. Si 590 W 107 S 89 Ir 81 Cl 1471 Pt 67 Ar 700 Au 66 K 520 Au 22 Ca 16528 Tl 125 Ti 472 Pb 82 V 113 Mn 445 Fe 18099 Co 266 Ni 137 Cu 208 Zn 303 As 54 Br 86 In 88 Sb 2258 0 10 20 30 40 - keV - 0.0 0.5 1.0 1.5 2.0 x 1E3 Pulses 276 8. West Elevation, Exterior Mortar, New Element Net Element Net Al 83 Au 15 Spectra above shows a high peak at Fe (Iron) and at Ca (Calcium) with a higher peak at Ca. This is the new mortar related to new (not from the period of construction of the original structure) used as infill for what appears to have been windows at one time. The Ca is high for a modern Portland cement but may indicate a lime-rich Portland mix, such as a lime mortar with a Portland additive. Secondary elements found in Portland are present but not consistent with typical Portland cement findings, further suggesting a lime mortar with a Portland additive. Additional testing would be required to establish matching ratios for a replication mix. Si 521 Hg 74 S 82 Tl 124 Cl 1480 Ac 47 Ar 698 Th 35 K 382 Pa 14 Ca 30083 U 54 Ti 249 V 57 Cr 35 Mn 341 Fe 12780 Co 342 Ni 329 Cu 240 Zn 346 As 49 Se 44 Ir 142 Pt 68 Au 157 0 10 20 30 40 - keV - 0.0 1.0 2.0 3.0 4.0 x 1E3 Pulses 277 9. West Elevation, Exterior Brick, Old Element Net Element Net Al 160 Sb 292 Spectra above shows a high peak at Fe (Iron) and at Ca (Calcium) as expected for brick, however the Ca is very low. While this is similar to Sample #6, secondary elements are different enough that there is no match. Si 1148 Te 79 S 121 Ba 202 Cl 1417 W 49 Ar 659 Ir 59 K 1504 Pt 25 Ca 3509 Au 102 Ti 1545 Hg 115 V 100 Tl 93 Mn 559 Pb 183 Fe 52938 Bi 71 Co 697 Bi 11 Ni 115 Ac 34 Cu 347 Th 36 Zn 596 U 66 As 76 Se 38 Rb 24 Sr 38 Sn 139 Sb 1 0 10 20 30 40 - keV - 0 1 2 3 4 5 x 1E3 Pulses 278 10. West Elevation, Exterior Mortar, Old Element Net Element Net Al 110 Au 123 Spectra above shows a high peak at Fe (Iron) and at Ca (Calcium), but the Ca peak is lower than the Fe peak, which is not typical for a lime mortar unless there are signs of deterioration. This mortar is the closest to a match we found at the site, coming very close to the historic mortar found at the foundation wall. Data points for Ti and Mn differ enough to indicate different sources of sands as well as different periods of construction. Si 607 Hg 89 S 123 Tl 53 Cl 1568 Bi 97 Ar 776 U 94 K 733 Ca 10588 Ti 1107 V 88 Mn 656 Fe 23822 Co 336 Ni 55 Cu 133 Zn 453 Sb 1620 Te 600 Ba 63 W 203 Ir 86 Pt 67 0 10 20 30 40 - keV - 0.0 0.5 1.0 1.5 2.0 2.5 x 1E3 Pulses 279 Elem # 1 # 2 #3 # 4 #5 #6 #7 #8 # 9 #10 Al 130 65 135 100 192 188 109 83 160 110 Si 1004 872 789 570 1320 1488 590 521 1148 607 S 113 110 180 93 76 92 89 82 121 123 Cl 1511 1321 1566 1667 1481 1433 1471 1480 1417 1568 Ar 585 492 631 812 657 683 700 698 659 776 K 1406 1503 948 656 1717 2174 520 382 1504 733 Ca 10796 14780 21213 10028 3892 1837 16528 30083 3509 10588 Ti 1473 1245 572 427 1553 1875 472 249 1545 1107 Cr 55 12 68 42 84 88 113 35 100 88 Mn 464 506 336 157 646 390 445 341 559 656 Fe 50607 62967 24890 19457 59737 55073 18099 12780 52938 23822 Co 764 612 192 333 613 674 266 342 697 336 Ni 118 72 101 140 84 64 137 329 115 55 Cu 266 207 346 321 301 208 240 347 133 Zn 439 315 359 281 475 303 346 596 453 280 Robert Avila Modif. Architecture 1229 N. North Branch Street, Suite 206 Chicago, IL 60642 RE: Brick masonry wall, 300 E. Hyman, Aspen, Colorado Dear Mr. Avila: I visited the project site at 300 E. Hyman in Aspen on May 23, 2023, to observe conditions at a brick masonry wall at the southwest corner of the building. The wall is partially painted with a mural for Owl Cigar as depicted in the photograph below. While on site I observed conditions at the interior and exterior. I also reviewed documents you provided including construction details, survey information, and a preservation plan for the wall. This letter contains my observations and recommendations. West elevation, 300 E. Hyman, Aspen, Colorado. 1. While on site I observed the wall to be out of plumb and leaning to the west. There are new cracks and movement at the base of the south wall consistent with the wall leaning to the west. There is 281 also evidence of recent movement at the interior side of the wall in the form of horizontal cracks and separation at adjacent columns. These observations suggest the wall continues to move and requires stabilization. 2. Material deterioration and distress was observed, mostly at the top of the wall, at the base, and at the foundation. Repairs are required to address deterioration and protect the wall from weather exposure. Occasional bricks within the field of the wall show deterioration and must be replaced. 3. As the wall exists now, original or historic brick, mortar, and stone all have infills and repair using modern materials including inappropriate hard cement-based mortar, concrete masonry units, corrugated metal anchors, concrete and steel structural elements, and modern hard-fired bricks. Significant repairs are required to remove inappropriately stiff non-historic materials and replace them with materials compatible with historic construction. This includes portions of the exterior visible face and a majority of the interior side of the wall. Taken as a whole the wall lacks historic integrity and its authenticity has been compromised by use of modern materials. 4. Information in the file "Aspen Guesthouse West Wall Reconstruction" shows the top of the wall to be leaning 2 7/8" to the west. The wall itself is 3 wythes or approximately 12 inches thick. Tension will develop in unreinforced masonry wall sections when the center of mass is outside the middle third of the wall section, leading to potential instability. In this case the center of mass (at mid- height) is 1.44 inch off the center line or approximately 1/8 the wall thickness. This means the wall is stable in its current condition if it supports only its own mass. 5. I do not recommend using the existing brickwork as a loadbearing wall in the future. Better approaches would be to carry structural loads to the foundation using new structural components, anchoring the historic wall to the new structure to stabilize the wall and prevent future movement. 6. It is certainly possible to dismantle the wall and rebuild in kind using the original brick materials. This type of work is common and can be carried out by a mason experienced with historic construction. Reworking the wall in this fashion would provide a wall consistent with original construction, rather than representing the existing mix of construction materials and construction typologies as historic. Sincerely, Michael Schuller, P.E. Technical Consultant Rocky Mountain Masonry Institute 282 “The trusted choice for your environmental & industrial hygiene needs.” Front Range 7555 W 10th Ave Suite A, Lakewood, CO 80214 Mountains PO Box 6864 Avon, CO 81620 Western Slope PO Box 3793 Aspen, CO 81612 Web dsconsultinginc.com Direct (303) 286-9094 Fax (303) 986-0121 LEAD-BASED PAINT INSPECTION REPORT 300 E Hyman Ave, Aspen, CO – Exterior Brick Wall PRESENTED TO: M Development Brad Hribar Director of Construction (312) 714-8519 INSPECTED BY: Sean Work DS Environmental Cell: (720) 878-1741 PROJECT DETAILS: DS Job Number: 26338 Date of Inspection: November 1, 2023 283 2 Table of Contents 1.0 Introduction 2.0 Definitions 3.0 Scope of Work 4.0 Inspector & Firm Certifications 5.0 Data Interpretation 6.0 Overview of Findings 7.0 Equipment Information 8.0 Inspection & Testing Procedures 9.0 Conclusion & Recommendations 10.0 Disclaimer & Limitations 11.0 Copyright Notice APPENDIX A XRF Data Table APPENDIX B Inspector & Firm Certificates 284 3 1.0 Introduction Sean Work with DS Environmental Consulting (DS) performed a limited-scope, lead-based paint (LBP) inspection and performed in situ X-Ray Florescence (XRF) testing to determine the presence of LBP on select painted building components on the brick wall detailed on the cover page of this report. The purpose of the limited-scope inspection was to identify any LBP present on the building components , as defined by the client, that is planning to be demolished by the client. LBP testing was conducted on a painted sign on the exterior wall. LBP was found on the tested components. Table 1 and Table 2 in Section 6.0 further details the materials that contain LBP and those that do not. The full table (Table 3), including all XRF readings, can be found in Appendix A. 2.0 Definitions Room Equivalent is an identifiable part of a residence, such as a room, a house exterior, a foyer, staircase, hallway or an exterior area. Lead-based Paint (LBP) is any paint having concentrations of lead greater than 1.0 mg/cm2, which is also Colorado’s action level. Limited-scope means the extent of the inspection and XRF testing included in this report was limited to a subset of the entire residence, was not a lead hazard assessment, and was not a full-building inspection. No water, air, dust or soil samples were collected or analyzed to determine the respective lead concentrations. Paint is any liquid mixture, usually of solid pigment in a liquid form, used as a decorative or protective coating. This includes, but is not limited to, primer, lacquer, polyurethane, wood stain, etc. X-Ray Florescence (XRF) is a non-destructive analytical technique used to determine the elemental composition of materials. XRF analyzers determine the chemistry of a sample by measuring the fluorescent (or secondary) X- ray emitted from a sample when it is excited by a primary X-ray source. 3.0 Scope of Work The scope of the limited LBP inspection was limited to specific areas of the building defined by the client. The remaining areas within the building, garage or any out-building on the property were not included in the scope of the inspection. The limited LBP inspection did not constitute a full building inspection or hazard assessment. Additionally, there may be other components in other parts of the building that contain LBP, which were not included in the scope of this inspection and sampling. 4.0 Certifications Sean Work is a Colorado State Certified LBP Inspector; having EPA Accreditation #27686. DS Environmental Consulting is a Colorado State Certified Lead Evaluation Firm, license #16918. Mr. Work is certified to operate the Heuresis Pb200i XRF Lead Paint Spectrum Analyzer by the manufacturer (see Appendix B for certificates). 285 4 5.0 Data Interpretation When evaluating the information included in this report, Wall “A” in each room is the wall where the main front entrance door to the home is located (or aligned with the street). While facing Wall “A” and going clockwise, Wall “B” will always be to the right, Wall “C” directly to the rear and Wall “D” to the left. Ceilings and floors are designated with an asterisk. If a component, i.e. baseboard, window sill, or door jamb, contains LBP in any room equivalent, then all other components that are similar in color, substrate and painting history can be assumed to be positive as well with no additional testing, regardless of their location in the structure; however, this extrapolation cannot be made the same with negative components. If a component is negative for LBP, only the components in that room equivalent can be assumed negative, additional testing must be done to similar components in each room equivalent. All walls shall be tested in room equivalents with four or less walls and a minimum of four different walls in room equivalents with more than four walls for all walls to be determined negative; however, the scope of work for a limited-scope inspection may dictate that not all walls are to be impacted; therefore, not all walls will be tested. **Please note that due to the limited nature of this inspection, only the materials included in this report, in the locations identified, have been tested and no assumptions have been made to the lead -content of similar components in other areas. All inaccessible areas are assumed to be positive, even though they were not able to be tested. These areas may not be listed in this report. 6.0 Overview of Findings Table 1: Components that Contain LBP Table 2: Components that Do Not Contain LBP Read No. Room/Area Wall Structure Paint Cond Substrate Paint Color Lead (mg/cm2) Result 1 Exterior B Wall Slightly Damaged Concrete Olive 1.9 POS 2 Exterior B Wall Slightly Damaged Concrete White 20.2 POS 3 Exterior B Wall Slightly Damaged Concrete Black 17.7 POS 4 Exterior B Wall Slightly Damaged Concrete Brown 22.5 POS 5 Exterior B Wall Slightly Damaged Concrete Yellow 6.0 POS 6 Exterior B Wall Slightly Damaged Concrete Cream 16.2 POS No tested components did not contain LBP 286 5 Fig.1: all colors of paint on this wall tested positive for lead-based paint. Fig.2: paint chips and painted pieces of brick were observed in e debris at the base of the wall; therefore, this debris shou ld be treated as lead- containing. 287 6 7.0 Equipment Information LBP concentrations were obtained using a Heuresis Pb200i XRF Lead Paint Spectrum Analyzer, which are approved by the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Housing and Urban Development (HUD) to determine the concentration of lead in paint. The XRF was calibrated according to the manufacturer’s Performance Characteristic Sheet (PCS). The XRF was calibrated using the calibration standard block of known 1.0 mg/cm2 lead content as well as a standard block of known 0.0 mg/cm2 lead content. Three (3) calibration reading of each block were taken before the inspection began as well as after the inspection was complete d, every four hours of continuous use, and/or following a battery change. 8.0 Inspection & Testing Procedures The LBP inspection and XRF testing were conducted by a State of Colorado accredited LBP Inspector qualified by experience, education, and training in approved LBP testing techniques. These procedures call for the visual inspection of the areas of concern and the collection of XRF readings for lead concentrations. This inspection was performed in accordance with the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Housing and Urban Development (HUD) guidelines for lead -hazard inspections, as well as the State of Colorado Air Quality Control Commission Regulation No. 19 for the Control of Lead Hazards. The EPA’s 40 CFR Part 745 Final Rule (January 5, 2001) set standards for the identification of dangerous levels of lead. The standards identify when lead-based paint, lead-contaminated dust, and lead-contaminated soil are hazards. It also establishes residential dust clean-up levels (post-abatement clearance levels) and set dust and soil sampling requirements. The lead-based paint readings were collected by XRF analyzation for the purpose of determining lead concentrations as mg/cm2. 9.0 Conclusions & Recommendations Concentrations of lead in paint higher than the State of Colorado regulatory levels were identified; therefore, “lead safe” work practices are required when disturbing, removing or impacting the tested components. Additionally, painted brick debris was found at the base of the wall which will need to abated with the rest of the LBP material. Additional testing is required if new materials are discovered or the scope of work changes. 10.0 Disclaimer & Limitations This limited-scope inspection does not constitute a comprehensive lead-based paint inspection or full lead- hazard assessment. Other areas not tested and conditions existing outside this scope of work may contain lead concentrations above the regulatory action levels. Consequently, to determine whether or not lead-based paint exists within other areas of the building, a full lead-based paint inspection must occur. 11.0 Copyright Notice © DS Environmental 2023. All Rights Reserved. This document contains material protected under Federal Copyright Laws. No part of this document or any of its contents may be reproduced, copied, modified or adapted, without the prior written consent of the author and DS Environmen tal. 288 7 APPENDIX A: XRF READINGS 289 8 Read No. Room/Area Wall Structure Paint Cond Substrate Paint Color Lead (mg/cm2) Result Pre-inspection Calibration – Known LBP Calibration Block Average: 1.0 PASS Pre-inspection Calibration – Known LBP Calibration Block Pre-inspection Calibration – Known LBP Calibration Block Pre-inspection Calibration – Known Negative Calibration Block Average: 0.0 PASS Pre-inspection Calibration – Known Negative Calibration Block Pre-inspection Calibration – Known Negative Calibration Block 1 Exterior B Wall Slightly Damaged Concrete Olive 1.9 POS 2 Exterior B Wall Slightly Damaged Concrete White 20.2 POS 3 Exterior B Wall Slightly Damaged Concrete Black 17.7 POS 4 Exterior B Wall Slightly Damaged Concrete Brown 22.5 POS 5 Exterior B Wall Slightly Damaged Concrete Yellow 6.0 POS 6 Exterior B Wall Slightly Damaged Concrete Cream 16.2 POS Post-inspection Calibration – Known LBP Calibration Block Average: 1.0 PASS Post-inspection Calibration – Known LBP Calibration Block Post-inspection Calibration – Known LBP Calibration Block Post-inspection Calibration – Known Negative Calibration Block Average: 0.0 PASS Post-inspection Calibration – Known Negative Calibration Block Post-inspection Calibration – Known Negative Calibration Block 290 9 APPENDIX B: INSPECTOR & FIRM CERTIFICATES 291 10 Inspector Certification: 27686 Firm Certification: 16918 Heuresis Pb200i XRF Certification 292 1 Italian elegance for doors and windows OS2 Exhibit J.8 293 32 This catalogue wants to tell the OS2 window system. Winner of the “Compasso d’Oro”, OS2 is a Secco Sistemi product born from the experience gained by the company in the area of windows’ realization with reduced visual impact made of precious metals for architecture. A complex of possibilities that OS2 can offer to architectural design, synthesis of years of competence in restoration ad contemporary world. 6 values 8 design 16 materials 40 technology 44 variants 46 types of opening 50 windows 66 doors 80 lift and slide doors 90 pivot 100 folding 110 anti-burglary 122 accessories 124 handles 126 glazing beads 128 hinges 294 Ditton House designer: Surman Weston 295 6 OS2 values OS2 takes the name of the classification for the restoration of works of art, to remember its vocation for the past architecture, outcome of the long profitable relationship with designers. With its essential lines, the innovative types of opening and its original accessories, OS2 blends with the contemporary architecture as well. The window of OS2 stands out for the elegance and the artisanal attention to details but especially for the happy solution of the relationship between the transparency of the glass and the solid lightness of the frame made of quality material like brass, Corten, stainless steel and galvanized steel. 296 1 2 3 4 5 6 1. 2. 3. 4. 5. 6. 8 OS2 design The foundation of the system is its accurate draw, awarded with “Compasso d’Oro”, the design’s Oscar, with the following motivation of the jury. «The relationship between the opening and the transparent surface have always been one of the challenges of the fenestration industry. OS2 lays down a new standard by combining thermal cut and insulation, with extremely small dimensions and a interesting aesthetic flexibility thanks to the profiles in Corten, steel and burnished brass». OS2 provides 70 different profiles to realize the preferred design of the frame, allowing to release designer’s creativity and to “returning to draw the frame”. handles in the same material as the profile glazing beads of various shapes central section for the two sashes of only 62mm reduced hinges, same material as the profiles lateral section only 47 mm constant profiles on the whole perimeter 297 10 11 profile design examples The central section of the two-leaved door has a reduced section while the profiles framing it is pronounced. The glazing is measured by slender profiles with the two-leaved opening evident in the centre. The fixed glazing is divided into two parts by a horizontal profile of the same design as the perimetral border. The glazing is characterised by the seamless pattern and undifferentiated profiles, making the two-leaved doors much less conspicuous. 298 12 13 Double-sash windows with the same design for profiles which trace the external perimeter and the central section. In the glazing panel the profiles of fixed and openable sashes have the same design. In the double-sash windows the thin profiles tracing the perimeter of the casement have the same design as the central section in the front view. Perimetral profiles in the front view have the same dimensions and design as those which divide the glazing into 4 parts. profile design examples 299 casa di Confine designer: Subissati 300 16 OS2 materials The OS2 profiles are made in solid and tenacious materials with certified quality of oxidation and corrosion resistance. Materials for Secco are a source of design too, with them natural surfaces they affect the appearance of the frame and they can catch light or reflect it, they can have warm colors or austere ones and at the same time they have non-homogeneous surfaces for a continuous variant that emphasises the craftsmanship aspect of the product. All the used metals are 100% recyclable and they have high durability to concretize the sustainability of the product. 301 1918 iron-chrome alloy nickel and molybdenum, cold rolled with scotch brite finish OT67 copper and zinc alloy, cold rolled and roughened, with satin finish OT67 copper and zinc alloy, cold rolled and roughened, hand-burnished iron-chrome alloy nickel and molybdenum, cold rolled with hand burnished finish scotch brite 316L stainless steel satin-finished brass CuZn33 CW506L patinated brass CuZn33 CW506L blackened 316L stainless steel OS2 materials 302 20 Carbon iron alloy with high corrosion resistance (Cor) and tensile yield strength (ten), with oxidized finish Corten steel Fe 510 X OS2 materials Hot galvanized Iron alloy of carbon with Sendzimir system, skinpast finish. Requires liquid or powder coating galvanised steel FeP02 GZ 200 303 blackened stainless steel satin-finished brass 304 patinated brassblackened stainless steel 305 patinated brasssatin-finished brass 306 corten steelpatinated brass 307 satin-finished brass patinated brass 308 painted galvanised steel corten steel 309 corten steelpainted galvanised steel 310 corten steelgalvanised steel 311 corten steelpainted galvanised steel 312 1 2 3 4 5 8 9 7 6 1. 2. 3. 4. 5. 6. 7. 8. 9. 40 41 OS2 technology The result of years of experience, the OS2 technology supports the design and at the same time it allows to have high performance even with minimal profiles and fixtures with large dimensions, large estate and a great insulator. The thermal break profiles of OS2 are made of two metal shells (cold profiled) joined together by extruded polyamide (9) made integral to the parts by polyurethane resin (8). Water, air and wind seals are guaranteed by open joint gaskets (5, 6, 7). The handling and closing hardware, made specifically for OS2, is placed in a window chamber (4) – the glazing beads (1) are fixed to the frame with concealed hook. glazing bead glazing slot up to 58 mm internal and external overlap hardware groove Internal rebate gasket external rebate gasket central flipper gasket structural thermal break - polyurethane structural thermal break - polyamide 313 Harella House - London designer: Piercy & Company 314 85 75 65 40 4544 OS2 85 System for the realization of windows (also flap door) and doors with glass between 58 mm and 46 mm thick. OS2 75 System for the realization of windows (also flap door), doors, lift-slide, swing, book with glasses between 50 mm and 38 mm thick. OS2 65 System for the realization of windows, doors, balance, with glasses between 39 mm and 26 mm thick. OS2 40 System for the realization of doors and fixed with glasses between 21 mm and 6.5 mm thick. The numbers of OS2 correspond to the thickness not in profile view. Highter is the number, wider is the possibility of the window to have a thicker glass, from which derives more insulation. The OS2 variants were designed to answer all the different needs of heat insulation and to allow the realization of new types of opening for this range of minimal profiles. OS2 variants 315 46 The types of opening created by Secco Sistemi are not dictated only by tradition, but also to participate to the harmony of the facade of the building, to make an environment more accessible and to solve projects in restoration or in contemporary architecture. OS2 offers the usual type of opening with profiles and new technologies with the goal of “returning to draw the frame”. 47 windows p. 50 doors p. 66 lift and slide doors p.80 pivot p. 90 folding p. 100 anti-burglary p. 110 OS2 types of opening 316 M3 - Mestre designer: ANK architects 317 5150 The window or properly “window frames”, is the essential element of a building and with OS2 it can become, with elegance, the main character. The OS2 window has new features for this typology of profiles: the central node is only 62 mm wide, lateral node 47 mm, the OS2 can have internal and external opening and the tilt and turn opening. maximum achievable performance air permeability 4 4 4 4 water tightness 9A 9A 8A x wind resistance C5 C5 C4 A2 thermal transmittance *1,1 1,1 1,4 x acoustic performance 45 dB 45 dB 43 dB x glass thickness 58 50 39 x tilt and turn (maximum capacity)150 150 x x VARIANTS GEOMETRY AVAILABLE 85 75 65 40 technical dr.p. 58 internal opening external openingtechnical dr.p. 60 technical dr.p. 62 X = unavailable * standard frame with Ug = 1,0 W/m2K windows OS2 318 53 OS2 75 burnished stainless steel external view OS2 75 burnished stainless steel internal view 319 55 OS2 65 corten steel external view OS2 65 corten steel internal view 320 57 OS2 40 painted pickled steel external view OS2 40 painted pickled steel internal view 321 432 1 5432 1 432 1 5432 1 47 27 62 47 92 92 78 92 1. 1. 1. 1. 85 92 92 78 47 47 27 2762 62 62 62 62 62 27276262 2.4. 2.4. 2. 2. 3. 3. 3. 5. 4. 4.5.3. 5958 inward- opening sections outward- opening sections windows OS2 85 322 432 1 5432 1 432 1 5432 1 1. 1. 1. 1. 2.4. 2.4. 2. 2. 3. 3. 3. 5. 4. 4.5.3. 47 84 84 476247 27 70 70 27 276262 84 62 62 62 47 77 62 84 84 27 276262 6160 inward- opening sections outward- opening sections windows OS2 75 323 432 1 5432 1 1. 1. 1. 1. 2.4. 2.4. 2. 2. 3. 3. 3. 5. 4. 4.5.3. 47 47 72 47 47 47 62 6247 62 65 65 72 58 62 72 432 1 5432 1 47 72 62 62 62 72 6227 2762 65 6362 inward- opening sections outward- opening sections windows OS2 65 324 Fondaco dei Tedeschi - Venezia designer: Rem Koolhaas 325 6766 OS2 doors are made, for design continuity, with profiles that have the same dimension of the windows, lateral node is only 47mm wide and the central node 62 mm. The hinges, a fundamental part of the functionality and the durability of the frame, have the same profile finishes. maximum achievable performance air permeability 4 4 4 4 water tightness 7A 7A 7A x wind resistance B3 B3 B3 A2 thermal transmittance*1,0 1,1 1,4 x acoustic performance x x x x glass thickness 58 50 39 x VARIANTS GEOMETRY AVAILABLE 85 75 65 40 technical dr.p. 70 internal opening external opening technical dr.p. 72 technical dr.p. 74 technical dr.p. 76 doors OS2 X = unavailable * standard frame with Ug = 1,0 W/m2K 326 podere Panico designer: Fulvio De Rosa 327 1. 2.4.5. 2.4. 2. 3. 3. 3.4.5. 5432 1 78 27 276262 1. 47 85 6262 62 92 42 92 62 62 62 6278 5432 1 432 1 1. 47 85 7170 inward- opening sections outward- opening sections doors OS2 85 328 1. 1. 1. 2.4.5. 2.4. 2. 3. 3. 3.4.5. 5432 1 42 84 70 62 62 62 62 6262 62 77 47 77 27 276262 70 5432 1 432 1 47 77 7372 inward- opening sections outward- opening sections doors OS2 75 329 1. 1. 1. 2.4.5. 2.4. 2. 3. 3. 3.4.5. 5432 1 47 6227 2762 58 65 6262 62 65 42 6258 62 62 62 72 5432 1 432 1 47 65 7574 inward- opening sections outward- opening sections doors OS2 65 330 1 3 42 47 4735.5 47 35.5 47 47 62 47 27 62 276242 27 35.5 27 24 245656 47 62 4735.5 47 47 4742 47 35.5 27 27 62 2762 35.5 27 56 56 5624 24 48 , 5 48 , 5 35 , 5 35 , 5 47 4735.5 47 35.5 47 47 62 47 27 62 276242 27 35.5 27 24 245656 47 62 4735.5 47 47 4742 47 35.5 27 27 62 2762 35.5 27 56 56 5624 24 48 , 5 48 , 5 35 , 5 35 , 5 1.2.3.4. 47 4735.54735.5 47 47 62 47 27 62 276242 27 35.5 27 24 245656 47 62 4735.5 47 47 474247 35.5 27 27 62 2762 35.5 27 56 56 5624 24 48,5 48,5 35 , 5 35 , 5 35 , 5 47 4735.54735.5 47 47 62 47 27 62 276242 27 35.5 27 24 245656 47 62 4735.5 47 47 474247 35.5 27 27 62 2762 35.5 27 56 56 5624 24 48,5 48,5 35 , 5 35 , 5 35 , 5 1.2.3.4.5.6. 1 3 4 5 62 47 4735.5 47 35.5 47 47 62 47 27 62 276242 27 35.5 27 24 245656 4762 4735.5 47 47 4742 47 35.5 27 2762 2762 35.5 27 5656 5624 24 48 , 5 48 , 5 35 , 5 35 , 5 35 , 5 47 4735.5 47 35.5 47 47 62 47 27 62 276242 27 35.5 27 24 245656 47 62 4735.5 47 47 4742 47 35.5 27 2762 2762 35.5 27 56 56 5624 24 48 , 5 48 , 5 35 , 5 35 , 5 1.2.3.4. 1 3 42 47 4735.5 47 35.5 47 47 62 47 27 62 276242 27 35.5 27 24 245656 4762 4735.5 47 47 4742 47 35.5 27 2762 2762 35.5 27 5656 5624 24 48 , 5 48 , 5 35 , 5 35 , 5 35 , 5 47 4735.5 47 35.5 47 47 62 47 27 62 276242 27 35.5 27 24 245656 47 62 4735.5 47 47 4742 47 35.5 27 2762 2762 35.5 27 56 56 5624 24 48 , 5 48 , 5 35 , 5 35 , 5 35 , 5 1.2.3.4.5. 1 3 4 52 7776 inward- opening sections outward- opening sections doors OS2 40 331 Serre Reali - Venezia designer: Alberto Torsello 332 8180 The OS2 lift and slide doors find the elegance in quality materials and in the accuracy of profile design, constant on all the door perimeter with dimentions of 47 mm or 62 mm, to match the windows profiles respectively to one or two doors. The movement of the door can take place with the traditional wheels or with the innovative magnetic levitation ØG “Zero Gravity”, awarded with the Oscar of design, the “Compasso d’Oro”. In-depth analysis(catalog - slide) maximum achievable performance air permeability x 4 x x water tightness x 9A x x wind resistance x B3 x x thermal transmittance*x 1,3 x x acoustic performance x x x x glass thickness x 46 x x carried with traditional system on wheel x 400 x x carried with with zero gravity system x 1000 x x VARIANTS GEOMETRY AVAILABLE 85 75 65 40 online opening angular openingx : unavailabletechnical dr.p. 84/86 lift and slide OS2 * standard frame with Ug = 0,7 W/m2K 333 83 OS2 75 AS burnished brass internal view OS2 75 AS burnished brass external view 334 47 47 47 47 195 47 195 OS2 AS sezioni apertura a 2 ante 1 3 4 5 2 47 47 47 47 195 47 195 OS2 AS sezioni apertura a 2 ante 1. 4. 5. 2. 3. 8584 lift and slide doors sections lift and slide OS2 75 335 3 4 5 2 5. 4. 3. 47 47 47 29 2. 1.47 47 16 5 , 5 195 195 1 8786 lift and slide door sections with magnetic levitation ØG lift and slide OS2 75 336 villa Alpago arch. DTACC villa Alpago designer: DTACC 337 9190 Elegant and spectacular, the OS2 pivot with its big dimensions and its minimal profiles redefine the relation between window and frame and also between lightweight and dimentions. The OS2 pivot is set up as a refined solution that takes from tradition its innovation, repurposing itself with valuable metals, high sealing and insulation performance and reduced visible sections: only 62 mm consistent in all the window perimeter. maximum achievable performance air permeability x 4 4 x water tightness x 9A 7A x wind resistance x C5 C5 x thermal transmittance*x 1,1 1,4 x acoustic performance x x x x glass thickness x 50 39 x maximum vertical pivot capacity x 350 100 x horizontal pivot maximum capacity x 250 100 x VARIANTS GEOMETRY AVAILABLE 85 75 65 40 vertical pivot window horizontal pivot window x : unavailable technical dr.p. 94 technical dr.p. 96 pivot OS2 In-depth analysis(catalog - pivot) * standard frame with Ug = 1,0 W/m2K 338 93339 62 62 3 4 2. 1. 62 62 84 3.4. 62 62 2. 1. 6262 84 3.4. 2 1 3 4 2 1 9594 horizontal pivot sections vertical pivot sections pivot OS2 75 340 2. 1 1 3 4 2. 1. 3.4. 3.4. 6262 72 62 62 2. 1.62 62 62 62 72 2 4 2 3 9796 horizontal pivot sections vertical pivot sections pivot OS2 65 341 casolare crete Senesi 342 3+0 5+0 2+1 2+13+1 3+1 4+1 4+13+2 3+2 5+2 5+2 3+3 3+3 3+0 5+0 101100 The folding opening allows to create versatile environments, which open completely to the outside. OS2 folding solves the aesthetic and functional shortcomings of traditional windows, by offering a system with high insulation and sealing performance with visible nodes always equal to each other and of only 62 mm wide, recessed upper and lower sliding rails and high-quality profile materials. maximum achievable performance air permeability x 4 x x water tightness x 5A x x wind resistance x B3 x x thermal transmittance*x 1,0 x x acoustic performance x x x x glass thickness x 40 x x VARIANTS GEOMETRY AVAILABLE85 75 65 40 internal opening external openingx : unavailable technical dr.p. 104/106 folding OS2 * standard frame with Ug = 0,7 W/m2K 343 103 OS2 75 LB corten steel internal view OS2 75 LB corten steel internal view 344 62 62 62 62 62 84 84 64 42 10 65 OS2 F sezioni apertura interna 1 3 4 5 6 7 2. 1. 6. 5. 4. 3. 7. 2 105104 folding doors sections with 4 inward opening folding OS2 75 345 1 3 4 5 6 7 84 84 62 62 62 62 62 64 42 10 65 OS2 F sezioni apertura esterna 2. 1. 6. 5. 4. 3. 7. 2 107106 folding doors sections with 4 outward opening folding OS2 75 346 uffici One Works designer: One Works 347 111110 It is in the nature of the metal, the raw material of Secco products, the ability to resist shocks and deformations, for this reason even the small sections of OS2 feel robust enough to allow the creation of windows with minimal profiles and high anti-burglary performance up to class RC3. The OS2 burglar-proof windows frames are made with valuable finish like stainless steel galvanized steel and the new finishes for RC, Ottone and Corten. maximum achievable performance anti-burglary class 2 sì sì sì x anti-burglary class 3 sì sì x x VARIANTS GEOMETRY AVAILABLE 85 75 65 40 inward opening windows inward opening doors outward opening windows outward opening doorsx : unavailable technical dr.p. 116 technical dr.p. 118technical dr.p. 114 anti-burglary OS2 In-depth analysis(catalog - anti-burglary) 348 112 349 47 27 62 47 85 85 92 78 47 47 27 2762 62 62 62 62 62 272792 92 62 62 78 92 OS2 85 sezioni FINESTRE 47 27 62 47 85 85 92 78 47 47 27 2762 62 62 62 62 62 272792 92 62 62 78 92 OS2 85 sezioni FINESTRE 47 27 62 47 85 85 92 78 47 47 27 2762 62 62 62 62 62 272792 92 62 62 78 92 OS2 85 sezioni FINESTRE 47 27 62 47 85 85 92 78 47 47 27 2762 62 62 62 62 62 272792 92 62 62 78 92 OS2 85 sezioni FINESTRE 432 1 432 1 1. 1. 2. 2. 4. 4. 3. 3. 115114 window sections two inward opening window sections two outward opening anti-burglary OS2 85 350 432 1 5432 1 432 1 5432 1 1. 1. 1. 1. 2.4. 2.4. 2. 2. 3. 3. 3. 5. 4. 4.5.3. 47 84 84 476247 27 70 70 27 276262 84 62 62 62 47 77 62 84 84 27 276262 432 1 5432 1 432 1 5432 1 1. 1. 1. 1. 2.4. 2.4. 2. 2. 3. 3. 3. 5. 4. 4.5.3. 47 84 84 476247 27 70 70 27 276262 84 62 62 62 47 77 62 84 84 27 276262 117116 window sections two inward opening window sections two outward opening anti-burglary OS2 75 351 432 1 5432 1 1. 1. 1. 1. 2.4. 2.4. 2. 2. 3. 3. 3. 5. 4. 4.5.3. 47 47 72 47 47 47 62 6247 62 65 65 72 58 62 72 432 1 5432 1 47 72 62 62 62 72 6227 2762 65 432 1 5432 1 1. 1. 1. 1. 2.4. 2.4. 2. 2. 3. 3. 3. 5. 4. 4.5.3. 47 47 72 47 47 47 62 6247 62 65 65 72 58 62 72 432 1 5432 1 47 72 62 62 62 72 6227 2762 65 119118 window sections two inward opening window sections two outward opening anti-burglary OS2 65 352 flat in Milan designer: Luca Bombassei 353 122 Designed and produced to complete Secco’s systems, the accessories become an essential and integral part of the window and they make it unique. Glass stoppers, handles and hinges are in harmony with the profiles of the frame because they are realized with the same finishes of profiles, that almost disappear, becoming a discrete decor element. accessories 354 124 Elegant and discreet complements in harmony with the essential lines of the window, handles are realized with the same valuable materials and finish of profiles. The handles are available in two design family: Vitruvio and cariglione Raffaello. handles truncates square oval round raffaello 355 126 Little profiles to secure the glass to the frame, glazing beads are elegant elements that complete and makes unique the window design. They are available in essential geometric shapes, square, triangle, L. thin divider gothic glass dividerbeveled glass dividerflat glass gothic triangular square recessed beveled glazing beads 356 AC 1221AC 6045 AC 2631 AC 1068 AC 2629 AC 1033 AC 2628AC 1237 15 42 21 21 84 14 42 20 20 82 13 40 40 80 15 84 38 38 16 0 20 50 12 5 12 5 31 0 12 40 40 80 22.5 84 38 38 16 0 15 46 22 22 90 AC 1221AC 6045AC 2631AC 1068AC 2629 AC 1033 AC 2628AC 1237 15 42 21 21 84 14 42 20 20 82 13 40 40 80 15 84 38 38 16 0 20 50 12 5 12 5 31 0 12 40 40 80 22.5 84 38 38 16 0 15 46 22 22 90 AC 1221AC 6045AC 2631AC 1068AC 2629AC 1033 AC 2628AC 1237 15 42 21 21 84 14 42 20 20 82 13 40 40 80 15 84 38 38 16 0 20 50 12 5 12 5 31 0 12 40 40 80 22.5 84 38 38 16 0 15 46 22 22 90 128 Thin, light and small but able to ensure the handling of large heavy doors, hinges make up the design of the frame with elegance, they are made with the same material and finish of the profiles and they can be both technological devices and plastic elements. The hinges are adjustable and have been tested by strict regulations that certify the quality and durability. weldedØ 13 mm three-wingØ 15 mm two-wingØ 12 mm hinges 357 Carmel villa - California designer: Luca studio of architecture 358 Secco Sistemi is an Italian brand expression of innovation and design awarded “Compasso d’Oro”. For 70 years it contributes to the evolution of window engineering: it invents systems and profiles that become reference models for the industry and Secco continues to improve them, to interpreting projects and trends in contemporary architecture and restoration. Secco Sistemi produces every year 1 million linear meters profiles in over 300 models that allow to realize 35 different types of openings in 4 precious metals – galvanized steel, stainless steel, corten steel and brass – and in 9 finish. It adapts its industrial capacity to the artisanal sensibility to solve and produce more than 50 special projects every year. 359 Exhibit J.8 36 0 HMOS BRICK BURNISHED BRASS WINDOW FRAMES, TYP. HMOS BRICK CORNICE MECHANICAL SCREENING (HVAC EQUIPMENT BEYOND) GLASS AND STEEL TRELLIS GLASS WINDSCREEN GLASS AND STEEL AWNING MOVABLE UMBRELLA MOVABLE TREE PLANTER BRICK DETAILING EXPOSED METAL DETAILING ZONING DISTRICT HEIGHT LIMIT METAL PANEL FACADE HMOS BRICK CORNICE HMOS BRICK BRICK DETAILING EXPOSED METAL DETAILING BURNISHED BRASS WINDOW FRAMES OWL CIGAR MURAL GLASS AND STEEL AWNING GLASS WINDSCREEN SKYLIGHT, TYP. MECHANICAL SCREENING (HVAC EQUIPMENT BEYOND) STONE PRIVACY WALL GLASS AND STEEL TRELLIS ZONING DISTRICT HEIGHT LIMIT Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 29 PROPOSED SOUTH AND WEST FACADE 300-312 E. HYMAN AVE., ASPEN, CO Ex h i b i t J . 8 361 SKYLIGHT, TYP. METAL PANEL FACADE HMOS BRICK CORNICE HMOS BRICK BRICK DETAILING BURNISHED BRASS WINDOW FRAMES MECHANICAL SCREENING (HVAC EQUIPMENT BEYOND) FLUSH METAL DOOR (EGRESS) FLUSH METAL DOOR (TRASH EGRESS) TRANSFORMER EXPOSED METAL DETAILING ZONING DISTRICT HEIGHT LIMIT ADJACENT BUILING (N.I.C.) SKYLIGHT, TYP. HMOS BRICK CORNICE HMOS BRICK TRANSFORMER BRICK DETAILING MECHANICAL SCREENING METAL PANEL FACADE HMOS BRICK Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 30 PROPOSED NORTH AND EAST FACADE 300-312 E. HYMAN AVE., ASPEN, CO 3/32" = 1’−0"1 PROPOSED NORTH ELEVATION 3/32" = 1’−0"2 PROPOSED EAST ELEVATION 362 FD FACP LOW VOLTAGE RM. L213 MECH. RM. L210 STAIR #2 L204 CORRIDOR L205 ELEV. #2 L202 ELEV. #1 L201 MECH. CLOSET L214 POOL EQUIP. RM. L212 BACKFILLED AREA PUMP RM. L217 MECH. RM. L206 POOL EQUIP. RM. L216 MECH. RM. L207 ELEC. RM. L215 MECH. RM L208 STAIR #1 L203 19 ' - 1 0 1 / 4 " 9' - 9 1 / 4 " 68'-7 3/4"13'-2 1/2" 10 ' - 4 " 23 ' - 8 1 / 4 " 18'-11" 14'-8 1/2" 15 ' - 3 " 32'-1 1/2" 5'-6" 6' - 1 " 5'-1 1/2" 5'-0 3/4"7' - 1 1 " 20'-11 3/4" 18 ' - 1 1 / 4 " 94 ' - 8 3 / 4 " 81'-10 1/4" T/O POOL SLAB -20' 2 1/2'' T/O POOL SLAB -20' 2 1/2'' CWP LL2.3-4 ET LL2.2 GMU LL2.2 REFR. RACK CWP LL2.1 ET LL2.1 GMU LL2.1 BOILER B1 BOILER B2 STEAM RM. GENERATOR: MR. STEAM CU-1250 STEAM RM. GENERATOR: MR. STEAM CU-1250 DOAS DOAS MDP EXPANSION TANK HYDRONIC SUPPLY/RETURNWATER PUMP WATER HEATER WH1 DH LL2.1 STORAGE TANK STORAGE TANK EXIST. STORM DRYWELL EXIST. FDN. DRYWELL (BELOW FINISH FLOOR) MECH. RM. L209 25 ' - 6 " 15 ' - 1 1 / 2 " 17'-6 1/4" 22'-1 3/4" REFR. RACK H-1 H-2 T/O SLAB -26'-8'' 5' - 1 " 33 ' - 1 1 1 / 2 " 5' - 0 " 8'-2" 44'-4 1/2" Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 11 PROPOSED LOWER LEVEL 2 300-312 E. HYMAN AVE. ASPEN, CO 81611 363 DN SAUNA RM. 1 L120 STEAM RM. 2 L121 SAUNA RM. 2 L119 CORRIDOR L122 MEN'S LOCKER ROOM L129 STEAM RM. 1 L118 METER CLOSET L115 SPA RM. L123 HOT SPA L123C SPA L123BHOT SPA L123A COLD PLUNGE COLD PLUNGE 10 ' - 1 0 1 / 4 " ELEV. #1 L101 ELEV. #2 L102 STAIR #2 L104 STAIR #1 L103 WOMENS' LOCKER ROOM L130 CLOSET L127 GYM L126 GUEST RM. 6 L108GUEST RM. 5 L107 GUEST RM. 9 L112 ADA GUEST RM. 10 L113 STORAGE L125GUEST RM. 7 L110 GUEST RM. 8 L111 19 ' - 1 0 1 / 2 " 10 ' - 2 3 / 4 " 4' - 8 " 4' - 1 1 / 2 " 8' - 5 1 / 2 " 3' - 6 " 5' - 0 " 3' - 9 " 7' - 1 1 1 / 4 " 3' - 9 " 8' - 1 1 1 / 2 " 10'-0 1/2"11'-4"4'-4" 18 ' - 5 1 / 4 " 25'-10 1/4"10'-8"3'-8 1/4" 10 ' - 4 " 12'-9 1/2"5'-4" 4' - 5 3 / 4 " 10 ' - 4 1 / 2 " 5' - 0 " 3' - 6 " 3' - 9 1 / 4 " 8' - 1 0 1 / 4 " 4' - 9 " 10 ' - 2 3 / 4 " 19 ' - 1 0 1 / 2 " 26'-10"26'-10 1/4"24'-6 3/4" 6'-6 3/4"5'-0"52'-11"5'-0"6'-6 3/4" 12 ' - 1 0 1 / 2 " 30'-10 1/2" 11 ' - 2 1 / 4 " 7'-9 1/2"8'-8"8'-4 1/2"8'-6"4'-5 1/2"4'-5 1/2" 6'-2 1/2"6'-3" 3'-2 1/4"4'-5 1/4"3' - 0 3 / 4 " 2'-9" 3'-8 3/4"3'-7" 3' - 0 " 3'-11 1/4"8'-3 1/2"3'-9 1/8"3'-9 1/8" 7'-1" 9' - 1 1 1 / 4 " 7' - 1 1 / 4 " 6'-6 1/2"4'-0"4'-0" 4' - 0 " 3'-0"4'-3 3/4"3'-8 3/4" 3' - 1 1 1 / 2 " 3' - 0 " 2'-9" 3'-8"8'-6 1/2"3'-9 1/2"3'-9 1/2" 6'-1 3/4" 7' - 0 " 3' - 3 1 / 4 " 26'-5" 3' - 3 1 / 4 " 27'-9" 81'-10 1/4" 94 ' - 8 3 / 4 " 10 ' - 4 3 / 4 " 13'-4 1/4" FOUNTAIN WALL 10'-7 1/2" X 7'-9 1/2" 10'-7 1/2" X 8'-8" 10'-7 1/2" X 8'-8" 10'-7 1/2" X 7'-9 1/2" [11'-6' A.F.F.][11'-6' A.F.F.] 3'-8 3/4"3'-0 1/2"1'-4 1/2"5' - 6 3 / 4 " Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 12 PROPOSED LOWER LEVEL 1 300-312 E. HYMAN AVE. ASPEN, CO 81611 364 RESTAURANT 106 RESTAURANT 117 HALLWAY 100A VESTIBLE 105 KITCHEN 107B 300 SF TRASH / UTILITY RM. 108 ELEV. LOBBY 100B ELEV. #1 101 ELEV. #2 102 EXIT PASSAGEWAY 114 CLO. 121 GUEST SERVICE AREA 115 SERVICE COUNTER AREA 107A CLO. 120 GUEST RM. 1 109 GUEST RM. 4 110 STAIR #1 103 STAIR #2 104 LUGGAGE ROOM 122 CCB 116 CCB KITCHEN 131 6' - 8 1 / 4 " 26'-6 1/2"4'-1 1/2"24'-1"5'-11 1/2"22'-10 1/2" 1'-10" 5' - 1 1 1 / 2 " 5'-0"5'-0" 6'-6 1/2" 8' - 8 3 / 4 " 7' - 1 0 3 / 4 " 4'-8 1/2" 24'-8 1/2" 4' - 0 " 7'-0" 20'-8 3/4" 10'-10 3/4" 9' - 9 1 / 2 " 3'-11 1/2" 3' - 1 0 " 7'-0" 13 ' - 6 1 / 2 " ADA 121 ADA 122 ADA 123 RESTROOM 124 RESTROOM 125 RESTROOM 126 9' - 1 0 3 / 4 " 2'-4" 3'-9 3/4" 9' - 2 1 / 4 " 5'-4" 6' - 1 " 7' - 0 1 / 4 " 6' - 4 1 / 4 " LOBBY 118 GUEST RM. 2 132 7' - 2 " 14 ' - 9 1 / 2 " 26 ' - 8 3 / 4 " 4'-1 1/2"24'-1"4'-1 1/2" 15 ' - 0 " 7' - 1 1 / 2 " 4' - 0 " 3' - 1 1 3 / 4 " 5'-0"5'-0"5'-0"3'-8 1/2"3'-8 1/2"3'-8 1/2" GUEST RM. 3 134 7' - 0 " 7' - 0 " DN DN 59 ' - 3 1 / 4 " 15 ' - 4 3 / 4 " 7' - 2 " 15 ' - 0 " 12'-11 3/4"14'-6 3/4"25'-4 1/2"7'-9 1/4"11'-3 3/4"15'-8 1/2" Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 13 PROPOSED GROUND FLOOR PLAN 300-312 E. HYMAN AVE. ASPEN, CO 81611 RESTAURANT SEATING COUNTS RESTAURANT 106 AND 117 2 TOPS: 32 (64 SEATS) 4 -5 TOPS: 16 (64-80 SEATS) TOTAL: 128-144 SEATS TOTAL TABLES: 48 TABLES 2 TOPS: 67% 4 -5 TOPS: 33% 365 SUITE 8 207 SUITE 7 209 SUITE 4 205 ELEC. ROOM 212 SUITE 6 210 STAIR #1 203 OUTDOOR TERRACE 219 HOUSEKEEPING 213 BATH 205A BATH 205B BATH 211A BATH 211B BATH 210A BATH 210B BATH 208A SUITE 5 211 ELEV. #1 201 ELEV. #2 202 STAIR #2 204 BATH 206B CORRIDOR 217 HOUSEKEEPING 223 CORRIDOR 209A BATH 209A 4' - 8 " 28 ' - 3 " 13'-7 1/4"6'-7"15'-7"2'-8"16'-6 1/2" 27'-8 1/2"27'-5 1/2" 9'-8 1/2" 8' - 1 " 7' - 1 1 " 6'-0 3/4"4'-4"4'-4"6'-2 1/4"6'-8 3/4"4'-4"4'-4"6'-8 3/4"6'-6"4'-4"4'-4"6'-8 3/4" 4' - 5 3 / 4 " 4'-0 1/4"4'-0" 4' - 8 " 4'-1 1/2" 17'-3" 7'-0 3/4" 4' - 7 1 / 2 " 3' - 1 " 3' - 1 " 3' - 3 1 / 4 " 4' - 2 " 4' - 5 1 / 2 " 4' - 2 1 / 4 " 3' - 3 1 / 4 " 3' - 1 " 3' - 4 1 / 2 " 3' - 2 1 / 4 " 2' - 1 3 / 4 " 16'-4" 5'-6 3/4" ADA SUITE 9 206 ADA BATH 206A 26'-10" 6' - 1 1 1 / 2 " 6' - 1 1 1 / 2 " 4' - 9 " 28 ' - 2 3 / 4 " 22 ' - 9 1 / 4 " 7'-6 1/2" 7' - 6 " 30 ' - 9 1 / 4 " SUITE 8 LOCKOFF 208VESTIBULE 214 4' - 8 3 / 4 " 1' - 4 1 / 2 " 7'-4 1/2" 3' - 9 3 / 4 " 7'-3 3/4" 4' - 7 3 / 4 " 7'-6" 3'-0" 3'-0" GYMPANTRY GYMPANTRY GYMPANTRY 7' x 7' MATTRESS 7' x 7' MATTRESS 7' x 7' MATTRESS 6' x 7' MATTRESS 11'-4" x 3'-4" 11'-4" x 3'-6" REF.REF. WINE STORAGE WINE STORAGE 22" SEAT DEPTH 22" SEAT DEPTH 22" SEAT DEPTH 22" SEAT DEPTH 22" SEAT DEPTH 22" SEAT DEPTH 5'-4" x 2'-7" 5'-4" x 2'-7" 5'-4" x 2'-7" 5'-4" x 2'-7" 5'-4" x 2'-7" 5'-4" x 2'-7" 4'-6" x 2'-0'' 4'-6" x 2'-0'' 4'-6" x 2'-0'' 4'-6" x 2'-0'' 4'-6" x 2'-0'' 4'-6" x 2'-0'' GYMPANTRY PANTRY GYM PANTRY GYM 5'-0'' DIA. 5'-0'' DIA. 20" SEAT DEPTH 20" SEAT DEPTH 22" SEAT DEPTH 22" SEAT DEPTH 22" SEAT DEPTH 22" SEAT DEPTH 22" SEAT DEPTH 22" SEAT DEPTH 4'-0'' x 4'-0'' 6'-4 1/2" 6' x 7' MATTRESS 6' x 7' MATTRESS 6' x 7' MATTRESS 32 3/4" SEAT DEPTH 32 3/4" SEAT DEPTH 17" SEAT DEPTH 17" SEAT DEPTH 18" x 18" 31 ' - 0 1 / 4 " BATH 208B 7'-4 1/4" 1' - 1 0 1 / 4 " 7' - 4 3 / 4 " 12' - 10 1/2" 12 ' - 9 1 / 2 " 15'-2 1/4" BATH 209B 3'-11"3'-3 1/2"3'-1" 2-SIDED F.P. Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 14 PROPOSED 2ND FLOOR PLAN 300-312 E. HYMAN AVE. ASPEN, CO 81611 366 FD SUITE 1 306 SUITE 2 305 SUITE 3 307 PRIVATE TERRACE X313 CORRIDOR 309 DN TERRACE X311 PRIVATE TERRACE X312 ELEV. # 1 301 ELEV. #2 302 STAIR #2 304 BATH 305A BATH 305B BATH 307A BATH 307B SUITE 1 BEDROOM 306A BATH 306D UNISEX TOILET 308 3'-6" x 3'-6" 4'-0 1/4" BATH 306C SPA SPA SPA STAIR #1 303 6' - 9 1 / 2 " 11 ' - 7 1 / 2 " 3' - 8 " 3' - 1 0 1 / 4 " 22'-3" 4'-4 1/4"4'-0"4'-4 1/4" 6' - 1 0 " 5'-0 1/2" 5'-2 3/4" 7'-0 1/2" 7' - 1 1 " 8' - 0 " 3'-7"4'-0"3'-7"3'-2" 1'-9 1/4"6'-9 1/2"15'-0" 30 ' - 4 1 / 4 " 10 ' - 3 3 / 4 " 26 ' - 1 1 / 4 " 12'-8 1/4" 6' - 9 1 / 2 " 3'-2" 5'-5 1/4" 3'-0 1/2"3'-0 1/2" 22'-4 1/2" 3'-0 1/2" 5'-6" x 5'-0'' 5'-6" x 5'-0'' 5'-6" x 5'-0'' 5'-6" x 5'-0'' 5'-6" x 5'-0'' 5'-6" x 5'-0'' 5'-6" x 5'-0'' 5'-6" x 5'-0'' 5'-6" x 5'-0'' 5'-6" x 5'-0'' 5'-6" x 5'-0'' 5'-6" x 5'-0'' 5'-6" x 5'-6'' 5'-6" x 5'-6'' 1'-10" x 16'-1'' 1'-10" x 16'-1'' PANTRY GYM PANTRY GYM 11'-4" x 3'-4" 11'-4" x 3'-6" REF.REF. WINE STORAGE WINE STORAGE 6' x 7' MATTRESS 6' x 7' MATTRESS 6' x 7' MATTRESS PANTRY GYM 17" SEAT DEPTH 17" SEAT DEPTH 22" SEAT DEPTH 22" SEAT DEPTH 22" SEAT DEPTH 22" SEAT DEPTH 22" SEAT DEPTH 4'-6" x 2'-0'' 4'-6" x 2'-0'' 4'-6" x 2'-0'' 4'-6" x 2'-0'' 5'-10" x 2'-6" 18" x 18" 3'-6" x 3'-6"3'-6" x 3'-6" 3'-6" x 3'-6" 3'-6" x 3'-6"3'-6" x 3'-6"3'-6" x 3'-6" 3'-6" x 3'-6"3'-6" x 3'-6"3'-6" x 3'-6"3'-6" x 3'-6"3'-6" x 3'-6" 30 ' - 4 1 / 4 " 10 ' - 4 1 / 2 " 26 ' - 0 1 / 2 " TERRACE BELOW 16'-6 1/2" 22 ' - 1 0 1 / 4 " 3'-1 1/2" 21'-1 3/4" 17" SEAT DEPTH 17" SEAT DEPTH 3'-11"3'-3 1/2"3'-1" 2-SIDED F.P. Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 15 PROPOSED 3RD FLOOR PLAN 300-312 E. HYMAN AVE. ASPEN, CO 81611 367 Scale: RH GUESTHOUSE07/16/24 A 16 PROPOSED ROOF PLAN 300-312 E. HYMAN AVE. ASPEN, CO 81611 MECHANICAL EQUIPMENT SETBACK 15 ' - 0 " 3" R.D. SL O P E SL O P E SLOPE SL O P E SL O P E GENERATOR 3,000 LBS (3) CONDENSING UNITS CONDENSING UNIT FIREPLACE EXHAUST FAN FIREPLACE EXHAUST FAN DRY COOLER DRY COOLER FIREPLACE EXHAUST FAN TEF FIREPLACE TERMINATION SK Y L I G H T F R A M I N G / C U R B SKYLIGHT FRAMING/ CURB SK Y L I G H T F R A M I N G / C U R B SK Y L I G H T F R A M I N G / C U R B SKYLIGHT FRAMING/ CURB SKYLIGHT (203 sq. ft.) SKYLIGHT (678 sq. ft.)SK Y L I G H T F R A M I N G / C U R B SKYLIGHT FRAMING/ CURB GLASS TRELLIS GLASS TRELLIS SK Y L I G H T F R A M I N G / C U R B SKYLIGHT FRAMING/ CURB MECHANICAL SCREEN / PLANTER, TYP. BOILER FLUES AND INTAKES SKYLIGHT (308 sq. ft.) SKYLIGHT (681 sq. ft.) SK Y L I G H T F R A M I N G / CU R B HWH FLUES AND INTAKES SPANDREL PANEL, TYP. 3" R.D. 3" R.D. 3" R.D. 3'' R.D. 3'' R.D. ROOF ACCESS * MIN. ROOF SLOPE = 1/4" PER FOOT MIN. INSULATION R-VALUE = 23.6 (4") ROOF ASSEMBLY R-VALUE = 26 SKYLIGHT GUTTER SKYLIGHT GUTTER SKYLIGHT GUTTER DOWNSPOUT LEADERSPLASHBLOCK DOWNSPOUT LEADER AND SPLASHBLOCK DOWNSPOUT LEADER AND SPLASHBLOCK INTAKE DUCT 6'' V 3'' V 3'' V 6'' V DRY COOLER DRY COOLER SL O P E SL O P E SL O P E SL O P E SL O P E GENERAL NOTE: ALL ROOFTOP EQUIPMENT AND REQUIRED CURB/MOUNTING PAD SHALL NOT EXCEED SIX FEET IN HEIGHT ABOVE THE ROOF. FIREPLACE EXHAUST FAN DRY COOLER 3" R.D. TERRACE BELOW FIREPLACE EXHAUST FAN SL O P E MECHANICAL EQUIPMENT SETBACK 15'-0" MECHANICAL SCREEN DR Y C O O L E R DRY COOLER DRY COOLER SLOPE SL O P E SL O P E SKYLIGHT (22 SF) SKYLIGHT (22 SF) SKYLIGHT (51 SF) 3'' R.D. GLASS TRELLIS SL O P E 3/32" = 1'-0" 368 ENUE HYMAN AVENUE 1/8" = 1'-0" PROPOSED SITE PLAN21/8" = 1'-0" APPROVED SITE PLAN1 HYMAN AVENUE 1/8" = 1'-0" PROPOSED SITE PLAN2 1/8" = 1'-0" PROPOSED SITE PLAN21/8" = 1'-0" APPROVED SITE PLAN1 1/8" = 1'-0" PROPOSED SITE PLAN2 300-312 E. HYMAN AVE. A-100 SITE PLAN COMPARI ASPEN, CO SITE PLAN COMPARISON A-100 M AD J A C E N T B U I L D I N G HYMAN AVENUE MO N A R C H S T R E E T ONE-WAY ALLEY PROPOSED PLANTER, TYP. 300-312 E. HYMAN AVE. THREE STORY LODGE EX I S T . S T R E E T P A R K I N G PROPOSED DETECTABLE WARNING SURFACE, TYP. T 300 SF COVERED TRASH AREA PROPOSED TREE, (SILVACELL NOT REQ'D.) SEE SHEET L200 FOR PAVER LAYOUT WITHIN PLANTING AREA, TYP. PROPOSED LANDSCAPE PLANTER, TYP. EXIST. BRICK PAVERS PROPOSED CONC. WALK PROPOSED NEW BRICK PAVERS . AWNING ABOVE, TYP. GAS METER LOCATION WATER SERVICE LOCATION PROPOSED TREE, (SILVACELL REQ'D.). SEE LANDSCAPE DRAWINGS. STREET PARKING HYMAN HYMAN AVENUE M HYMAN AVENUE 07/18/24 300 SF COVERED TRASH AREA AWNING ABOVE HYMAN AVENUE MO N A R C H S T R E E T ONE-WAY ALLEY PROPOSED PLANTER, TYP. EX I S T . S T R E E T P A R K I N G PROPOSED DETECTABLE WARNING SURFACE, TYP. PROPOSED TREE, (SILVACELL NOT REQ'D.) PROPOSED PAVERS IN LANDSCAPE AREA, TYP. PROPOSED LANDSCAPE PLANTER, TYP. EXIST. BRICK PAVERS PROPOSED CONC. WALK PROPOSED NEW BRICK PAVERS . PROPOSED TREE, (SILVACELL REQ'D.). SEE LANDSCAPE DRAWINGS. STREET PARKING PROPERTY LINE PROPERTY LINE 0" 0" 3 1 / 2 " T PHONE PEDESTAL 10 ' - 3 " AD J A C E N T B U I L D I N G ( N . I . C . ) 369 Scale:3/32" = 1'-0" RH GUESTHOUSE A 29 300-312 E. HYMAN AVE., ASPEN, CO 0'-0" 29'-5" 36'-8" 42'-9" SOUTH FACADE COMPARISON APPROVED ELEVATIONAPPROVED ELEVATION PROPOSED ELEVATION 07/18/24 0'-0" 29'-5" 36'-8" 42'-9" 370 Scale:3/32" = 1'-0" RH GUESTHOUSE A 29 300-312 E. HYMAN AVE., ASPEN, CO PROPOSED ELEVATION 0'-0" 29'-5" (-)3'-3" 36'-8" WEST FACADE COMPARISON APPROVED ELEVATION 07/18/24 0'-0" 29'-5" PROPOSED ELEVATION (-)3'-3" 36'-8" 371 Scale:3/32" = 1'-0" RH GUESTHOUSE A 30 300-312 E. HYMAN AVE., ASPEN, CO PROPOSED ELEVATIONPROPOSED ELEVATION (-)3'-3" 29'-5"29'-5" 36'-8" (-)3'-3" 29'-5"29'-5" 36'-8" PROPOSED ELEVA PROPOSED ELEVATION NORTH FACADE COMPARISON07/18/24 372 Scale:3/32" = 1'-0" RH GUESTHOUSE A 30 300-312 E. HYMAN AVE., ASPEN, CO ROOF PLAN COMPARISON07/18/24 MECHANICAL EQUIPMENT SETBACK 15 ' - 0 " 3" R.D. SL O P E SL O P E SLOPE SL O P E SL O P E GENERATOR 3,000 LBS (3) CONDENSING UNITS CONDENSING UNIT FIREPLACE EXHAUST FAN FIREPLACE EXHAUST FAN DRY COOLER DRY COOLER FIREPLACE EXHAUST FAN TEF FIREPLACE TERMINATION SK Y L I G H T F R A M I N G / C U R B SKYLIGHT FRAMING/ CURB SK Y L I G H T F R A M I N G / C U R B SK Y L I G H T F R A M I N G / C U R B SKYLIGHT FRAMING/ CURB SKYLIGHT (203 sq. ft.) SKYLIGHT (678 sq. ft.)SK Y L I G H T F R A M I N G / C U R B SKYLIGHT FRAMING/ CURB GLASS TRELLIS GLASS TRELLIS SK Y L I G H T F R A M I N G / C U R B SKYLIGHT FRAMING/ CURB MECHANICAL SCREEN / PLANTER, TYP. BOILER FLUES AND INTAKES SKYLIGHT (308 sq. ft.) SKYLIGHT (681 sq. ft.) SK Y L I G H T F R A M I N G / CU R B HWH FLUES AND INTAKES SPANDREL PANEL, TYP. 3" R.D. 3" R.D. 3" R.D. 3'' R.D. 3'' R.D. ROOF ACCESS * MIN. ROOF SLOPE = 1/4" PER FOOT MIN. INSULATION R-VALUE = 23.6 (4") ROOF ASSEMBLY R-VALUE = 26 SKYLIGHT GUTTER SKYLIGHT GUTTER SKYLIGHT GUTTER DOWNSPOUT LEADERSPLASHBLOCK DOWNSPOUT LEADER AND SPLASHBLOCK DOWNSPOUT LEADER AND SPLASHBLOCK INTAKE DUCT 6'' V 3'' V 3'' V 6'' V DRY COOLER DRY COOLER SL O P E SL O P E SL O P E SL O P E SL O P E GENERAL NOTE: ALL ROOFTOP EQUIPMENT AND REQUIRED CURB/MOUNTING PAD SHALL NOT EXCEED SIX FEET IN HEIGHT ABOVE THE ROOF. FIREPLACE EXHAUST FAN DRY COOLER 3" R.D. TERRACE BELOW FIREPLACE EXHAUST FAN SL O P E MECHANICAL EQUIPMENT SETBACK 15'-0" MECHANICAL SCREEN DR Y C O O L E R DRY COOLER DRY COOLER SLOPE SL O P E SL O P E SKYLIGHT (22 SF) SKYLIGHT (22 SF) SKYLIGHT (51 SF) 3'' R.D. GLASS TRELLIS SL O P E APPROVED ROOF PLAN PROPOSED ROOF PLAN 373 4'-3 3/4"4'-2 1/2"4'-3 3/4"4'-3 3/4"4'-2 1/2"4'-3 1/2" 25'-7" 5' - 0 " 1'' LAMINATED GLASS 2 A 31 STRUCTURAL TIE-BACK 1'' LAMINATED GLASS C-CHANNEL5'-0" Scale:As indicated RH GUESTHOUSE07/19/24 A 31 DETAILS 300-312 E. HYMAN AVE. ASPEN, CO 81611 3/16" = 1'-0"1 CANOPY PLAN 3/8" = 1'-0"2 CANOPY SECTION BURNISHED BRASS WINDOW FRAMES METLA LATTICE WORK HMOS BRICK BRICK DETAILING 374 Scale: RH GUESTHOUSE 300-312 E. HYMAN AVE. ASPEN, CO 81611 A 17 PROPOSED FAR CALCULATIONS07/16/24 300 East Hyman Ave. Floor Area and Net Livable/ Leasable Area Calculations 7/16/24 revised LL2 6,412 6,412 0 0 0 0 0 LL1 8,027 1,834 6,193 0 0 62 15 1 8,614 5,090 436 3,105 5,090 436 3,105 2 8,307 1,452 6,855 0 1,452 6,855 0 3 4,523 900 3,623 0 900 3,623 0 Total Lodge and Commercial:20,212 percent lodge 84.64% percent commercial 15.36% Lodge non-unit 6,299 Commercial non-unit 1143 Lot Size 9,047 21,538 2.38 Floor Area Calculations - May 6th, 2024 CURRENT PLANS Floor Level Gross FAR Non Unit Lodge Commercial FAR non unit FAR lodge FAR commercial 35,883 15,688 17,107 3,105 7,442 10,976 3,120 Allocation of Non Unit: 1.91 Total LODGE FAR 17,275 Total COMMERCIAL FAR 4,263 0.47 Total FAR for Lot 375 FD COMMERCIAL AREA NON-UNIT AREA LODGE AREA FAR LEGEND: FACP LOW VOLTAGE RM. L213 MECH. RM. L210 STAIR #2 L204 CORRIDOR L205 ELEV. #2 L202 ELEV. #1 L201 MECH. CLOSET L214 POOL EQUIP. RM. L212 BACKFILLED AREA PUMP RM. L217 MECH. RM. L206 POOL EQUIP. RM. L216 MECH. RM. L207 ELEC. RM. L215 MECH. RM L208 STAIR #1 L203 T/O POOL SLAB -20' 2 1/2'' T/O POOL SLAB -20' 2 1/2'' CWP LL2.3-4 ET LL2.2 GMU LL2.2 REFR. RACK CWP LL2.1 ET LL2.1 GMU LL2.1 BOILER B1 BOILER B2 STEAM RM. GENERATOR: MR. STEAM CU-1250 STEAM RM. GENERATOR: MR. STEAM CU-1250 DOAS DOAS MDP EXPANSION TANK HYDRONIC SUPPLY/RETURNWATER PUMP WATER HEATER WH1 DH LL2.1 STORAGE TANK STORAGE TANK EXIST. STORM DRYWELL EXIST. FDN. DRYWELL (BELOW FINISH FLOOR) MECH. RM. L209 REFR. RACK H-1 H-2 NON-UNIT SPACE 6,412 SF Scale:As indicated RH GUESTHOUSE07/16/24 A 18 LOWER LEVEL 2 FAR 300-312 E. HYMAN AVE. ASPEN, CO 81611 376 DN SAUNA RM. 1 L120 STEAM RM. 2 L121 SAUNA RM. 2 L119 CORRIDOR L122 MEN'S LOCKER ROOM L129 STEAM RM. 1 L118 METER CLOSET L115 SPA RM. L123 HOT SPA L123C SPA L123BHOT SPA L123A COLD PLUNGE COLD PLUNGE ELEV. #1 L101 ELEV. #2 L102 STAIR #2 L104 STAIR #1 L103 WOMENS' LOCKER ROOM L130 CLOSET L127 GYM L126 GUEST RM. 6 L108GUEST RM. 5 L107 GUEST RM. 9 L112 ADA GUEST RM. 10 L113 STORAGE L125 GUEST RM. 7 L110 GUEST RM. 8 L111 NON-UNIT SPACE AREA 1,834 SF (EXEMPT) LODGE AREA 6,193 SF (EXEMPT) Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 19 LOWER LEVEL 1 FAR 300-312 E. HYMAN AVE. ASPEN, CO 81611 377 2472 2472 24 36 X 24 " 36 X 24 " G G 48 " x 3 0 LOBBY 118 RESTAURANT 106 RESTAURANT 117 HALLWAY 100A VESTIBLE 105 KITCHEN 107B 300 SF TRASH / UTILITY RM. 108 ELEV. LOBBY 100B ELEV. #1 101 ELEV. #2 102 EXIT PASSAGEWAY 114 CLO. 121 GUEST SERVICE AREA 115 SERVICE COUNTER AREA 107A CLO. 120 GUEST RM. 1 109 GUEST RM. 4 110 STAIR #1 103 STAIR #2 104 LUGGAGE ROOM 122 CCB 116 CCB KITCHEN 131 ADA 121 ADA 122 ADA 123 RESTROOM 124 RESTROOM 125 RESTROOM 126 COMMERCIAL AREA 3,105 SF NON-UNIT SPACE LODGE AREA 5,090 SF LODGE AREA 436 SF 30"x48" REQ. CLEAR 30"x48" REQ. CLEAR 30"x48" REQ. CLEAR GUEST RM. 2 132 GUEST RM. 3 134 Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 20 GROUND FLOOR FAR 300-312 E. HYMAN AVE. ASPEN, CO 81611 378 SUITE 8 207 SUITE 7 209 SUITE 4 205 ELEC. ROOM 212 SUITE 6 210 STAIR #1 203 OUTDOOR TERRACE 219 HOUSEKEEPING 213 BATH 205A BATH 205B BATH 211A BATH 211B BATH 210A BATH 210B BATH 208A SUITE 5 211 ELEV. #1 201 ELEV. #2 202 STAIR #2 204 BATH 206B CORRIDOR 217 HOUSEKEEPING 223 CORRIDOR 209A BATH 209A ADA SUITE 9 206 ADA BATH 206A NON-UNIT SPACE AREA 1,452 SF LODGE AREA 6,855 SF SUITE 8 LOCKOFF 208 VESTIBULE 214 BATH 209B BATH 208B 2-SIDED F.P. Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 21 2ND FLOOR FAR 300-312 E. HYMAN AVE. ASPEN, CO 81611 379 FD SUITE 1 306 SUITE 2 305 SUITE 3 307 PRIVATE TERRACE X313 CORRIDOR 309 DN TERRACE X311 PRIVATE TERRACE X312 ELEV. # 1 301 ELEV. #2 302 STAIR #2 304 BATH 305A BATH 305B BATH 307A BATH 307B SUITE 1 BEDROOM 306A BATH 306D UNISEX TOILET 308 3'-6" x 3'-6" BATH 306C SPA SPA SPA STAIR #1 303 LODGE AREA 3,623 SF NON-UNIT SPACE AREA 900 SF 2-SIDED F.P. Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 22 3RD FLOOR FAR 300-312 E. HYMAN AVE. ASPEN, CO 81611 380 Scale: RH GUESTHOUSE 300-312 E. HYMAN AVE. ASPEN, CO 81611 A 23 PROPOSED NL CALCULATIONS07/16/24 Net Leasable/Net Livable Calculation Foor Level Net Livable Net Leasable Total:9,492 2,437 Avg. Lodge size:474.60 Lodge Room Schedule Guest Room No.Floor Level Size Sub Total By Level 372 787 5455 2,878 Grand Total:20 9,492 Avg. Lodge Size:474.60 LL2 -- LL1 787 - Ground 372 2,437 2 5,455 - 3 2,878 - 1 Ground 92 2 Ground 96 3 Ground 92 4 Ground 92 5 LL1 124 6 LL1 143 7 LL1 114 8 LL1 95 9 LL1 144 10 LL1 167 Suite 8 Lockoff 2 431 Suite 4 2 943 Suite 5 2 981 Suite 6 2 973 Suite 7 2 628 Suite 8 2 887 Suite 9 2 612 Suite 1 3 1,420 Suite 2 3 723 Suite 3 3 735 381 FD FACP LOW VOLTAGE RM. L213 MECH. RM. L210 STAIR #2 L204 CORRIDOR L205 ELEV. #2 L202 ELEV. #1 L201 MECH. CLOSET L214 POOL EQUIP. RM. L212 BACKFILLED AREA PUMP RM. L217 MECH. RM. L206 POOL EQUIP. RM. L216 MECH. RM. L207 ELEC. RM. L215 MECH. RM L208 STAIR #1 L203 T/O POOL SLAB -20' 2 1/2'' T/O POOL SLAB -20' 2 1/2'' CWP LL2.3-4 ET LL2.2 GMU LL2.2 REFR. RACK CWP LL2.1 ET LL2.1 GMU LL2.1 BOILER B1 BOILER B2 STEAM RM. GENERATOR: MR. STEAM CU-1250 STEAM RM. GENERATOR: MR. STEAM CU-1250 DOAS DOAS MDP EXPANSION TANK HYDRONIC SUPPLY/RETURNWATER PUMP WATER HEATER WH1 DH LL2.1 STORAGE TANK STORAGE TANK EXIST. STORM DRYWELL EXIST. FDN. DRYWELL (BELOW FINISH FLOOR) MECH. RM. L209 REFR. RACK H-1 H-2 EXEMPT -NON-UNIT SPACE Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 24 LOWER LEVEL 2 NL 300-312 E. HYMAN AVE. ASPEN, CO 81611 382 DN SAUNA RM. 1 L120 STEAM RM. 2 L121 SAUNA RM. 2 L119 CORRIDOR L122 MEN'S LOCKER ROOM L129 STEAM RM. 1 L118 METER CLOSET L115 SPA RM. L123 HOT SPA L123C SPA L123BHOT SPA L123A COLD PLUNGE COLD PLUNGE ELEV. #1 L101 ELEV. #2 L102 STAIR #2 L104 STAIR #1 L103 WOMENS' LOCKER ROOM L130 CLOSET L127 GYM L126 GUEST RM. 6 L108 GUEST RM. 5 L107 GUEST RM. 9 L112 ADA GUEST RM. 10 L113 STORAGE L125 LODGE AREA 787 SF GUEST RM. 8 L111 GUEST RM. 7 L110 95 114 124 143 144 167 Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 25 LOWER LEVEL 1 NL 300-312 E. HYMAN AVE. ASPEN, CO 81611 383 LOBBY 118 RESTAURANT 106 RESTAURANT 117 HALLWAY 100A VESTIBLE 105 KITCHEN 107B 300 SF TRASH / UTILITY RM. 108 ELEV. LOBBY 100B ELEV. #1 101 ELEV. #2 102 EXIT PASSAGEWAY 114 CLO. 121 GUEST SERVICE AREA 115 ? ? CLO. 120 GUEST RM. 1 109 GUEST RM. 4 110 STAIR #1 103 STAIR #2 104 LUGGAGE ROOM 122 CCB 116 CCB KITCHEN 131 ADA 121 ADA 122 ADA 123 RESTROOM 124 RESTROOM 125 RESTROOM 126 TOTAL NET LEASABLE SPACE 2,437 SF LODGE AREA 372 SF 92 30"x48" REQ. CLEAR 30"x48" REQ. CLEAR 30"x48" REQ. CLEAR GUEST RM. 2 132 GUEST RM. 3 134 96 92 92 Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 26 GROUND FLOOR NL 300-312 E. HYMAN AVE. ASPEN, CO 81611 384 SUITE 8 207 SUITE 4 205 ELEC. ROOM 212 SUITE 6 210 STAIR #1 203 OUTDOOR TERRACE 219 HOUSEKEEPING 213 BATH 205A BATH 205B BATH 211A BATH 211B BATH 210A BATH 210B BATH 208A SUITE 5 211 ELEV. #1 201 ELEV. #2 202 STAIR #2 204 BATH 206B CORRIDOR 217 HOUSEKEEPING 223 CORRIDOR 209A BATH 209A ADA SUITE 9 206 LODGE AREA 5,455 SF SUITE 8 LOCKOFF 215 BATH 208B ADA BATH 206A 628 SF SUITE 7 BATH 209B VESTIBULE 214 943 981 973 612 887 431 2-SIDED F.P. Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 27 2ND FLOOR NL 300-312 E. HYMAN AVE. ASPEN, CO 81611 385 SUITE 1 306 SUITE 2 305 SUITE 3 307 PRIVATE TERRACE X313 CORRIDOR 309 DN TERRACE X311 PRIVATE TERRACE X312 ELEV. # 1 301 ELEV. #2 302 STAIR #2 304 BATH 305A BATH 305B BATH 307A BATH 307B SUITE 1 BEDROOM 306A BATH 306D UNISEX TOILET 308 3'-6" x 3'-6" BATH 306C SPA SPA SPA STAIR #1 303 LODGE AREA 2,878 SF 723 735 1,420 2-SIDED F.P. Scale:3/32" = 1'-0" RH GUESTHOUSE07/16/24 A 28 3RD FLOOR NL 300-312 E. HYMAN AVE. ASPEN, CO 81611 386 Scale:As indicated 422-434 E. COOPER06/15/22 FAR -APPROVED VS PROPOSED ASPEN, CO Exterior Materials Basis of Design: RH GUESTHOUSE 300-312 E. HYMAN AVE., ASPEN, CO 07/18/24 Jada Windows - Burnished Brass 387 Scale:As indicated 422-434 E. COOPER06/15/22 FAR -APPROVED VS PROPOSED ASPEN, CO Example Image2 modif.architecture 1200 westlake street suite 200 chicago,il 60607 Exterior Material Basis of Design: GlenGery HMOS Face Brick Color: Trevanion RH GUESTHOUSE 300-312 E. HYMAN AVE., ASPEN, CO 07/18/24 388 300 East Hyman PreservaƟ on Plan The building located at 300 East Hyman Avenue, aka the Crystal Palace, has been heavily altered over Ɵ me. The applicant is commiƩ ed to restoring the building based on historic photographs. A preliminary preservaƟ on plan is proposed to outline the methodology and documentaƟ on available and to idenƟ fy areas that need further study in the fi eld aŌ er removal and demoliƟ on of non-historic elements. Methodology: Historic photographs, visual site inspecƟ on and onsite discussion with the Aspen Historic PreservaƟ on Offi cer were used to produce this plan. History: This structure is a typical brick commercial building constructed as the town’s prosperity grew. Brick provided greater fi re protecƟ on than wood, and indicated a sense of “permanence.” The oldest part of the building (the western part) was built by S.B. Clark in 1891. Named the Clark Commission Company, it was uƟ lized as a wholesale produce house. In the early 1900s, E. M. Cooper bought the business and changed the name to Aspen Com- mission Company. The building was later vacant for a period of years, unƟ l bought by Mead Metcalf, who operated a dinner theater, “The Crystal Palace,” there from 1959 unƟ l 2008. The building has had numerous alteraƟ ons, including addiƟ ons to the east and rear which obscure the original character. All windows have been replaced and new storefronts have been constructed across the enƟ re south facade. www.aspenvictorian.com Summary: The building is proposed to be accurately restored using available historic photographs. QuesƟ ons about the original confi guraƟ on of the storefront are unanswered. Comparing historic photographs to the current condiƟ on raise uncertainty about the original height of the Owl Cigar mural and the original height of upper fl oor window openings. Onsite mock-ups of brick details, as noted, are proposed for review by Staff and monitor during the construcƟ on process. Other items for Staff and monitor include verifi caƟ on of historic elements during demoliƟ on. Exhibit J.8 38 9 South ElevaƟ on/ Front Façade Brick: The upper fl oor of the front façade has been enƟ rely reconstructed. In addiƟ on at ground level, the eastern most column of the historic building has been reconstruct- ed. The eastern most column was originally 3 and a half bricks wide. It was extended to probably accomodate the shed roof form. The corner column and the center col- umn match original dimensions in the photographs, and appear to have original brick; however, past repoinƟ ng used a grey mortar color typical of repairs over the past de- cades that did not match original mortar color common to Aspen in the 19th century. Proposal: Remove the second fl oor (including the brick corbel) and the unoriginal col- umn during demoliƟ on. Preserve and protect the corner and middle column on the south elevaƟ on. Reconstruct brick column to match historic photograph dimension of three and a half bricks wide. Determine in the fi eld the authenƟ city of the brick di- rectly above the storefront aŌ er the non-historic wood cornice above the storefront is removed. Reconstruct upper fl oor with bricks to match fi rst fl oor west elevaƟ on, sub- ject to Staff and monitor approval prior to installaƟ on. Color, dimension, mortar style and color to match typical historic commercial buildings in Aspen, subject to Staff and monitor approval prior to installaƟ on. A mock up onsite is recommended to confi rm appropriate technique and applicaƟ on. Brick corbel: The brick corbel detail above the storefront was added to the front façade and is carried around to the west façade. Proposal: Remove the brick corbel and replace with a fl at conƟ nuous wall plane to match historic photographs. B&W photograph at top: Close up view of building pre- 1930s. Color photographs (leŌ to right): Current condiƟ on of columns; current detail of brick corbel, current building. Next page: Collage of photographs used to verify dimensions, dated 1971 and 1966. 1900s current currentcurrent 39 0 19711971 1966 1966 39 1 Cornice: A decoraƟ ve cornice caps the enƟ re building. The end brackets and corner pendant of the upper cornice matches the original photographs. As the build- ing was expanded, the cornice was replicated to extend the length of the building on the west and south elevaƟ ons. The authenƟ city of the denƟ l molding needs fi eld verifi caƟ on. The storefront also has a decoraƟ ve cornice that completes the storefront. The end bracket of the cornice atop the storefront matches historic photographs; how- ever, the profi le of the cornice molding appears to have been replaced or parƟ ally replaced when the cornice was extended to accomodate the addiƟ on to the building. Comparing the 1950s and 1966 photographs to the 1971 photographs shows that a fl at back was added to the end bracket. The 1950s photograph shows only one end bracket. It is assumed that the other bracket was lost, possibly when the roof collapsed. Proposal: Work with Staff and Monitor to replicate the original cornice for the top of the building and the original cornice above the storefront (which appears to be fairly simple molding) using historic photographs and informaƟ on gathered during demoliƟ on. Examine the decoraƟ ve corner brackets of the cornice above the storefront to determine authenƟ city as they may have been part of the original cornice that was salvaged and reused during a previous remodel. Work with Staff and Monitor to determine an appropriate molding for the cornice atop the storefront. Retain all material determined to be original. 1971 current LeŌ to Right: 1971 photograph with altered storefront cornice - note the backing behind the end bracket. The upper cornice is most likely original; Current photograph of upper cornice. Next page (clockwise): 1950s photograph showing one end bracket for storefront cornice and more depth to cornice molding above storefront; 1966 photograph aŌ er Crystal Palace improvements are made; Current photograph of end bracket and upper cornice; 1971 photograph of storefront cornice. 39 2 1971 1950s 1966 current 39 3 Upper fl oor windows: During the 1960/70s remodel, an addiƟ onal window was added to the upper fl oor for a total of 5 windows instead of the original 4 windows. The height of the window openings was reduced at some point - verifi ed by counƟ ng bricks in the historic pre-remodel photographs. The upper fl oor double hung windows were replaced with casement style. The delicate brick detailing above the windows was replaced with a faux-Romanesque brick design. The window sills, originally pink sandstone, were replaced with what appears to be cast stone or machine cut sandstone. Proposal: Restore 4 double hung windows, centered across the front façade and above storefront openings, to match historic photographs. All upper fl oor windows proposed to be wood and rectangular with wood fi lling in the curved opening to match historic condiƟ on. The 1971 photographs show the window openings to be about 31 bricks tall (current condiƟ on is about 23 bricks to the boƩ om of the exaggerated arch). Height of the windows in relaƟ onship to the storefront is unclear based on the angles and resoluƟ on of historic photographs. We propose to work with Staff and Monitor to conƟ nue to research and refi ne window height and relaƟ onship to storefront. Replace cast stone window sills with sandstone window sills - color to match typical sandstone of the era, subject to Staff and monitor approval. Replicate the delicate brick detailing around the upper fl oor windows to match historic photographs. An on-site mock-up is proposed to verify brick detailing with Staff and Monitor. Storefront: The storefront has evolved over Ɵ me as tenants changed hands. The original confi guraƟ on and height is hard to idenƟ fy in historic photographs; however close-up views of high resoluƟ on aerial photographs seem to show the two openings between brick columns are divided into two entrances/windows. On the other hand, the 1893 aerial shows a centered entrance with windows on either side and no verƟ cal division of the bay. When the Midnight Mine occupied the building from the mid-1930s to 1951, the far right bay was a garage to house and service trucks and store equipment. The current height of the storefront may be shorter than the original condiƟ on (the blurry historic photographs make it hard to count bricks and verify height). Field verifi caƟ on aŌ er removal of the cornice atop the storefront will hopefully provide some answers. The intent is to restore the storefront to the original height and proporƟ on. Proposal: A wooden storefront is proposed. The entrance is proposed to the far leŌ similar to the current condiƟ on. The right bay is proposed to be a large storefront window. Considering the uncertainty around the original appearane of the storefront, the proposed storefront is similar to the current confi guraƟ on. LeŌ : 1893 Bird-eye view detail of building. Next page (clockwise): Right bay is converted to a garage door as part of the Midnight Mine operaƟ on; current storefront; garage bay is removed; store- front confi guraƟ on prior to sliding barn door. 1893 39 4 1950s current 1900s 1962 39 5 West ElevaƟ on/Monarch Facade Brick: Similar to the front elevaƟ on, the upper fl oor brick has been enƟ rely reconstructed, and the building has been extended to the rear, as evidenced by the change in foun- daƟ on material from sandstone to concrete. Proposal: Remove the second fl oor (including the brick corbel) during demoliƟ on. Preserve and protect the historic porƟ on of the ground fl oor including the Owl Cigar Mural during construcƟ on. Reconstruct upper fl oor with bricks to match fi rst fl oor west elevaƟ on including the American/common brick bond course evident on the ground level of the west elevaƟ on, subject to Staff and monitor approval prior to installaƟ on. Color, dimension, mortar style and color to match typical historic commercial buildings in Aspen, subject to Staff and monitor approval prior to installaƟ on. A mock up onsite is recommended to confi rm appropriate technique and applicaƟ on. Owl Cigar Mural: The historic mural harkens back to the original tenant of the building – the Clark Commission Company – a wholesale produce house. The historic mural was repainted in 1977 by RP Evans according to the signature at the base of the mural. The height of the Owl mural may have been changed as evidenced by its relaƟ onship to the storefront height in historic photographs vs. current condiƟ on. Around 66 verƟ cal bricks are counted on the historic photograph and about 61 verƟ cal bricks are counted onsite today. The unoriginal brick corbel may have resulted in a shortened historic mural. As noted above, the storefront height may have been changed as well. Proposal: Protect the mural during construcƟ on. No change proposed. Cornice: see discussion above. Remove brick corbel from west elevaƟ on. LeŌ : Current relaƟ on- sip of mural to store- front cornice. Right: 1966 relaƟ on- ship of mural to store- front cornice. 1966current 39 6 Photographs clockwise: 1971 photograph showing mural hiƫ ng the upper fl oor window sills; current photograph showing gap between win- dow sills and mural; 1962 photograph showing mural hiƫ ng the upper fl oor window sills. current 1971 1962 39 7 Upper fl oor windows: During the 1960/70s remodel, the grouping and number of upper fl oor windows was signifi cantly altered from the original 6 equally spaced double hung windows. The height of the upper fl oor windows, verifi ed by counƟ ng bricks, was also reduced. The 1971 photographs show the window openings to be about 31 bricks tall (current condiƟ on is about 23 bricks to the boƩ om of the exaggerated arch). The upper fl oor double hung windows were replaced with casement style. The delicate brick detailing above the windows was replaced with a faux-Romanesque brick design. The window sills, originally pink sandstone, were replaced with what appears to be cast stone or machine cut sandstone. Proposal: Restore 6 double hung windows. All upper fl oor windows proposed to be wood and rectangular with wood fi lling in the curved opening to match historic condiƟ on. Window openings to match historic dimensions. Spacing of the windows is slightly diff erent than historic photographs to accommodate the proposed use of the building. A slightly diff erent spacing is a subtle way to show that this elevaƟ on was reconstructed and is not original. Replicate original window height based on historic photographs. Re- place cast stone window sills with rough cut sandstone window sills - color to match typical sandstone of the era, subject to Staff and monitor approval. Replicate the delicate brick detailing around the upper fl oor windows to match historic photographs. Ground level openings: SomeƟ me aŌ er 1962, ground level doors and window openings were bricked in. Luckily there are clear ghost shadows indicaƟ ng the locaƟ on and dimension of these openings. Proposal: Restore openings with wood windows or doors to match historic photographs and exisƟ ng shadow lines. Work with Staff and Monitor to detail these elements prior to construcƟ on and installaƟ on. The openings are not proposed to be operable. Steps and coal shoot: The remnants of a possible coal shoot and three concrete steps exist toward the rear (alley) of the west elevaƟ on, and sit within the right of way. The steps do not align with the ghost images of bricked in entrances and were probably shiŌ ed over Ɵ me. Proposal: Store concrete steps off -site during construcƟ on and replace in front of restored entrances at rear of west wall pending approval from Engineering via an encroachment license. The “coal shoot” is not proposed to be replaced. Photographs (leŌ to right): Current photograph to show ghost image of original door locaƟ on; current photograph to show concrete steps and “coal shoot”. Next page (clockwise): 1971 photograph detail of original window openings, sandstone sill, and delicate brick detail; current photograph of cast stone window sill; current photograph of upper fl oor windows; 1893 drawings of west elevaƟ on showing openings; 1966 photograph of west elevaƟ on showing openings. currentcurrent 39 8 1971 1966 1893 current current 39 9 MEMORANDUM TO:City Council FROM:Matt Grau, Budget Manager THROUGH:Sara Ott, City Manager Pete Strecker, Finance Director MEMO DATE:November 5, 2024 MEETING DATE:November 12, 2024 RE:Ordinance No.16, Series 2024, First Reading – 2024 Fall Supplemental Request of Council: Staff is requesting an amendment to the City’s 2024 budget that increases total expenditure appropriations, includingtransfers, from $245.3million to $252.1million. This $6.85million increase includes $1.8 million in new requests and $4.8 million of technical adjustments. There are $3.8 million in revenue adjustments and transfers. BACKGROUND:Annually, the City makes two routine mid-year modifications to the year’s original spending plan. Spring supplementals largely incorporate the roll forward of capital and operating resources that were unspent but are still required and is necessitated by Colorado law. This fall supplemental packet is more of a reflection of previously approved mid-year actions by the Council, technical adjustments tied to the City’s financial policies, and includes a handful of new requests for unforeseen items and/or for opportunistic actions. While not technically limited to just two adjustment periods annually, the City does try to incorporate actions into these two adjustment periods to allow for simplicity and awareness in the appropriation process. DISCUSSION:For Section 1 of the Ordinance, this fall supplemental includes proposed spending plan adjustments that have been grouped into New Requests (Exhibit B) and Technical Adjustments (Exhibit C). Expected changes to Revenues and Transfers In (Exhibit D) are also included, although they do not require formal adoption. Original 2024 Budget Spring Supplemental Fall Supplemental Adj. 2024 Budget Opening Balance $248,652,663 $81,820,355 $63,806 $330,536,824 Revenues $191,032,576 $16,932,670 $3,830,430 $211,795,676 Operating Budget $102,163,011 $9,508,268 $2,524,754 $114,196,033 Capital Outlay $45,638,230 $48,724,391 $4,159,465 $98,522,086 Debt Service $6,410,370 $0 $0 $6,410,370 Net Appropriations $154,211,611 $58,232,659 $6,684,219 $219,128,489 Transfers $31,309,050 $1,515,940 $165,940 $32,990,930 Total Appropriations $185,520,661 $59,748,599 $6,850,159 $252,119,419 Ending Balance $254,164,578 $39,004,426 ($2,955,923)$290,213,081 400 New requests (Exhibit B) Total of $1,839,702 is requested, of which $997,592 is operating and $842,110 is capital. Technical Requests (Exhibit C)encompassdifferent typesof requests that seekto increase overall budget authority by $5,010,457. These requests are summarized by category type below: previously approved by Council, reallocation of authority between funds; and required accounting actions. (1) Previously Approved: Since spring supplemental, Council has approved $91,134 in operating expenditures and $3,223,355 in capital expenditures. (2) Transfers Between Funds: $165,940. (3) Accounting and Other: Accounting actions and other technical adjustments total $999,428 in operating expenditures and $94,000 in capital expenditures. (4) City Financial Policies: Employee Separation/Retirement (ESL/PTO) Payouts: $436,600 across departments. Section 2 of Ordinance No.16 requests to increase the 2024 budget authority for Aspen Mini Storage Fund by $48,600 for additional operating expenses including accounting and audit fees, projected bad debt, and utilities. This is the only adjustment to the City of Aspen component unit funds. Recommendations:Staff recommends approval of Ordinance No. 16, and the adoption of the 2024 Fall Supplemental, increasing the City of Aspen’s 2024 Budget by $6,850,159 and an adoption for an increase of $48,600 for the Aspen Mini Storage Fund 2024 Budget. City Manager Comments: Attachments: Exhibit A – Appropriations By Fund Exhibit B – Summarized New Requests Exhibit C – Technical Adjustments Exhibit D – New Revenue Exhibit E – Component Unit Appropriations By Fund Exhibit F – Component Unit New Requests 401 ORDINANCE #16 (Series of 2024) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROPRIATING AN INCREASE IN 1) THE 2024 MUNICIPAL BUDGET; AND 2) THE 2024 BUDGETS FOR COMPONENT UNIT FUNDS OF THE CITY OF ASPEN, AND AUTHORIZING APPROPRIATIONS PURSUANT THERE TO WHEREAS, pursuant to article 9 of the Aspen Home Rule Charter, the Council shall adopt the budget by resolution on or before the fiscal day established by law (December 15); and WHEREAS, pursuant to same article 9 of the Aspen Home Rule Charter, allows for amendments to the adopted budget via sections 9.7 and 9.12; and WHEREAS, the revised budgets as submitted in Exhibit A for Section 1 and Section 2 sets forth the amounts to be appropriated for expenditure, and estimated revenues, for each accounting fund for the calendar year 2024, SECTION 1: NOW THEREFORE, be it resolved by City Council, that the budget for the City of Aspen, Colorado for fiscal year 2024, attach hereto as Exhibit A and incorporated herein by this reference, is hereby amended. All constituted appropriations amounting to $252,119,419, and estimated revenues amounting to $211,795,676 are hereby declared to be sufficient and necessary to pay the expenses and certain indebtedness, and provide for a reasonable fund balance at the close of the fiscal year ending December 31, 2024, as required pursuant to 29-1-103 (2), C.R.S. SECTION 2: NOW THEREFORE, be it resolved by City Council, that the budget for Aspen Mini Storage Fund for fiscal year 2024, attach hereto as Exhibit E and incorporated herein by this reference, is hereby amended. All constituted appropriations amounting to $215,000 and estimated revenues amounting to $165,000 are hereby declared to be sufficient and necessary to pay the expenses and certain indebtedness, and provide for a reasonable fund balance at the close of the fiscal year ending December 31, 2024, as required pursuant to 29-1-103 (2), C.R.S. INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR POSTED ON FIRST READING on the 12th day of November 2024. A public hearing on the ordinance shall be held on the 19th day of November 2024, in the City Council Chambers, City Hall, Aspen, Colorado. 402 ATTEST: ________________________ ________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY ADOPTED AFTER PUBLIC HEARING on the 19th day of November 2024. ATTEST: ________________________ ________________________ Nicole Henning, City Clerk Torre, Mayor Approved as to Form: ________________________ Jim True, City Attorney 403 Exhibit A: City of Aspen 2024 Appropriations By Fund Section 1 2024 Audited Opening Balance 2024 Adopted Revenue 2024 Spring Supplemental Revenue 2024 Fall Supplemental 2024 Amended Revenue Budget 2024 Adopted Expense 2024 Spring Supplemental Expense 2024 Fall Supplemental Expense 2024 Amended Expense Budget 2024 Ending Balance General Governmental Fund 001 - General Fund $44,508,526 $47,116,370 $250,940 $49,728 $47,417,038 $47,532,555 $3,422,788 $395,044 $51,350,387 $40,575,177 Subtotal General Gov't Funds $44,508,526 $47,116,370 $250,940 $49,728 $47,417,038 $47,532,555 $3,422,788 $395,044 $51,350,387 $40,575,177 Special Revenue Governmental Funds 100 - Parks and Open Space Fund $21,792,513 $21,013,300 $186,000 $0 $21,199,300 $21,384,174 $15,367,557 $1,011,212 $37,762,943 $5,228,870 120 - Arts and Culture Fund $53,881,545 $9,422,740 $0 $0 $9,422,740 $8,241,541 $6,353,933 $318,390 $14,913,864 $48,390,421 130 - Tourism Promotion Fund $382,321 $4,557,828 $0 $0 $4,557,828 $4,545,750 $51,536 $37,000 $4,634,286 $305,863 131 - Public Education Fund $2,198 $4,485,360 $0 $0 $4,485,360 $4,485,360 $0 $0 $4,485,360 $2,198 132 - REMP Fund $2,644,543 $876,400 $0 $0 $876,400 $1,516,900 $0 $221,940 $1,738,840 $1,782,103 141 - Transportation Fund $25,494,466 $6,542,250 $0 $319,720 $6,861,970 $6,052,566 $1,339,055 $342,420 $7,734,041 $24,622,395 150 - Housing Development Fund $78,429,119 $23,109,000 $12,778,000 $2,293,436 $38,180,436 $17,030,798 $5,306,796 $0 $22,337,594 $94,271,961 152 - Kids First Fund $9,554,440 $4,532,200 $0 $0 $4,532,200 $3,553,482 $883,501 $800 $4,437,783 $9,648,857 160 - Stormwater Fund $4,514,482 $1,843,800 $581,549 $0 $2,425,349 $1,926,735 $2,233,877 $0 $4,160,612 $2,779,219 Subtotal Special Revenue Funds $196,695,627 $76,382,878 $13,545,549 $2,613,156 $92,541,583 $68,737,304 $31,536,255 $1,931,762 $102,205,321 $187,031,888 Debt Service Governmental Fund 250 - Debt Service Fund $309,560 $6,052,870 $0 $0 $6,052,870 $6,055,970 $0 $0 $6,055,970 $306,460 Subtotal Debt Service Fund $309,560 $6,052,870 $0 $0 $6,052,870 $6,055,970 $0 $0 $6,055,970 $306,460 Capital Projects Governmental Funds 000 - Asset Management Plan Fund $33,065,154 $8,631,656 $1,472,500 $278,440 $10,382,596 $10,100,370 $9,829,821 $2,218,285 $22,148,476 $21,299,274 Subtotal Capital Fund $33,065,154 $8,631,656 $1,472,500 $278,440 $10,382,596 $10,100,370 $9,829,821 $2,218,285 $22,148,476 $21,299,274 Enterprise Proprietary Funds 421 - Water Utility Fund $21,348,082 $12,454,020 $79,900 $21,000 $12,554,920 $12,731,044 $4,715,370 $161,500 $17,607,914 $16,295,088 431 - Electric Utility Fund $9,078,638 $14,024,300 $0 $318,106 $14,342,406 $14,619,558 $2,376,534 $231,718 $17,227,810 $6,193,234 451 - Parking Fund $7,166,025 $4,923,500 $0 $0 $4,923,500 $4,856,239 $517,340 $36,900 $5,410,479 $6,679,046 471 - Golf Course Fund $2,273,575 $3,323,372 $0 $0 $3,323,372 $3,035,153 $558,962 $9,300 $3,603,415 $1,993,532 491 - Truscott I Housing Fund $1,824,841 $1,521,850 $0 $0 $1,521,850 $1,337,406 $617,159 $0 $1,954,565 $1,392,126 492 - Marolt Housing Fund $2,289,057 $1,697,460 $0 $0 $1,697,460 $2,195,586 $214,502 $0 $2,410,088 $1,576,429 Subtotal Enterprise Funds $43,980,218 $37,944,502 $79,900 $339,106 $38,363,508 $38,774,987 $8,999,867 $439,418 $48,214,272 $34,129,453 Internal Proprietary Funds 501 - Employee Benefits Fund $2,549,150 $7,492,900 $0 $550,000 $8,042,900 $7,925,400 $0 $745,000 $8,670,400 $1,921,650 505 - Employee Housing Fund $7,123,092 $4,156,800 $1,250,781 $0 $5,407,581 $3,151,220 $4,075,463 $1,117,450 $8,344,133 $4,186,540 510 - Information Technology Fund $2,305,497 $3,254,600 $333,000 $0 $3,587,600 $3,242,854 $1,884,405 $3,200 $5,130,459 $762,638 Subtotal Internal Service Funds $11,977,739 $14,904,300 $1,583,781 $550,000 $17,038,081 $14,319,474 $5,959,868 $1,865,650 $22,144,992 $6,870,828 ALL FUNDS $330,536,824 $191,032,576 $16,932,670 $3,830,430 $211,795,676 $185,520,661 $59,748,599 $6,850,159 $252,119,419 $290,213,081 Less Interfund Transfers $31,309,050 $1,515,940 $165,940 $32,990,930 $31,309,050 $1,515,940 $165,940 $32,990,930 NET APPROPRIATIONS $159,723,526 $15,416,730 $3,664,490 $178,804,746 $154,211,611 $58,232,659 $6,684,219 $219,128,489 404 Exhibit B - New Requests Department/Description Operating Capital 51249-Animal Shelter Efficiency Upgrades $225,000 City of Aspen Facility Maintenance $35,000 Speed Signs Installation and Electrical Upgrade $40,000 000-Asset Management Fund: $0 $300,000 Food Safety 2024: 100% Funded by Grant $10,000 Police's Request for Unclaimed Money: 100% offset by unclaimed money $23,282 001-General Fund: $33,282 $0 Wildlife Program CPW Grant: This CPW grant is 100% reimbursable. $64,260 100-Parks and Open Space Fund: $64,260 $0 Rigging System Replacement and Building Renovations $122,390 120-Arts and Culture Fund: $0 $122,390 Municipal Facilities Decarbonization Roadmap $70,000 132-REMP Fund: $70,000 $0 Shuttle Vehicle Purchase/Grant: 100% Funded by Grant $319,720 141-Transportation Fund: $0 $319,720 Health Insurance Claims Paid $745,000 501-Employee Benefits Fund $745,000 $0 Employee Housing Operations $48,000 Employee Housing new AABC Lease $37,050 Employee Housing Capital Maintenance $100,000 505-Employee Housing Fund: $85,050 $100,000 Total New Requests - Operating / Capital:$997,592 $842,110 2024 FALL SUPPLEMENTAL NEW REQUESTS 405 Supplemental Goods & Services Request 000 Asset Management – Animal Shelter Solar $225,000 (One-Time) What is the Financial Ask? Staff requests $225,000 be added to the Animal Shelter Efficiency Upgrades project to allow for the photovoltaic system to be incorporated into the final project. Description of The Current Status / Problem / Opportunity (The Why): The original scope and budget at the Animal Shelter included multiple energy efficiency upgrades including solar, high efficiency boilers, fixture upgrades and building envelope improvements. While the majority of these improvements have been implemented, due to cost escalation and other building code requirements that were missed by the external contractor providing the project specs, the PV system was value-engineered out. Description of The Proposed Solution (The What): The City Manager has requested the photovoltaic system for the Animal Shelter still be installed. The City Manager has discussed this scope with Pitkin County and the County has agreed to pay their half of the solar system cost congruent with the current project funding agreement. Impacts If Not Approved / Alternatives: The photovoltaic system for the Animal Shelter will not be installed. This work can happen at anytime in the future but with the understanding of a possible increase in cost if performed in out years. 406 Supplemental Goods & Services Request 000 Asset Management – 119 Asset Management – Capital Maintenance $35,000 (One-Time) What is the Financial Ask? Staff request $35,000 be added to replenish funds otherwise applied to unforeseen conditions and improvements to the new restaurant space within the Rio Grande building’s ground floor space. Description of The Current Status / Problem / Opportunity (The Why): During the renovation of this ground floor space, staff needed to take action recently to resolve two issues in order for the new affordable restaurant to open this Fall:  Unforeseen conditions related to mop sink with a slightly disconnected vent caused water damaged to the drywall and the vent rider from the slab to rust out.  Sound insulation was needed to cut down on the sound transfer from a restaurant to City Staff offices (Human Resources). Description of The Proposed Solution (The What): To address the above noted issues, staff applied existing budget authority from the capital maintenance budget already under its purview to address these issues timely. Work involved chipping concrete and replacement of the cast iron for the mop sink issue. For the sound insulation, there was a replacement of back of house ceiling framing and drywall, plus installation of additional rockwool insulation in the ceiling and back walls adjacent to the crawl space. 45 acoustic foam panels on the vertical back wall above the kitchen hoods was also added. These added costs have depleted the capital maintenance budget for 2024 to date. As a precautionary measure, staff requests $35,000 in budget authority to ensure funding is available for future maintenance items through the end of the year. If funds are not needed, they will be returned to fund balance at year-end. Impacts If Not Approved / Alternatives: If additional funds are not made available, any future maintenance items that may arise in 2024 will be put on hold causing operations issues into 2025 or the costs would overrun the current budget. 407 Supplemental Goods & Services Request 000 Asset Management – 327 Engineering - Installation of Digital Speed Signs $40,000 (One-Time) What is the Financial Ask? Staff request $40,000 to facilitate the installation of digital speed signs in three locations per Council direction. Description of The Current Status / Problem / Opportunity (The Why): The purpose of this project is to increase roadway safety for travelling motorists and pedestrians and is responsive to Council’s request for further traffic calming measures. Speedy Spy data collection was taken throughout the summer of 2024 to allow staff to identify key areas of town where vehicle speeding is prevalent. Description of The Proposed Solution (The What): Digital speed signs to alert vehicles of current speeds along with posted speed limits will be installed in three locations. Installation of these signs will bring awareness to posted speed limits and increase safety of vehicles, pedestrians, and bicyclists. “Your Speed Is…” digital signage will alert drivers when the posted speed limit is exceeded. Planned installations at Aspen St. and Hopkins Ave. and Cemetery Lane and Snowbunny Lane. The third location is still being vetted by staff. Impacts If Not Approved / Alternatives: If not approved the signs will not be installed. 408 Supplemental Goods & Services Request 001 General Fund - 221 Police – Request for Use of Unclaimed Money, $23,282 (One-Time) What is the Financial Ask? The Police Department requests $23,282 be allocated for purchasing two e-bikes, their outfitting, and a drone (unmanned aircraft system) using money held in a restricted account within the General Fund. Description of The Current Status / Problem / Opportunity (The Why): The Police Department would like to use unclaimed and seized money stored in Police evidence to purchase equipment that serves department goals but has not been budgeted. In March 2024, the Police department conducted its annual audit. The detective's office gave the Finance department a report on the money stored in evidence. $23,282 was identified as money being held in evidence, extending from cases in 1985 to 2021 that have been unclaimed, where several attempts have been made for the owner to pick up their property, or the money is related to a drug case. Per policy 70.7.2 Unclaimed Money, if money is found to be no longer required as evidence and remains unclaimed after one year, the money is presumed abandoned property (CRS 38-13-201). The City Attorney’s office has completed their review and supports this request. Description of The Proposed Solution (The What): The Police Department bought three e-bikes last year, which were also purchased with unclaimed money, and has found these bikes to be valuable assets for patrol. Buying two additional bikes through this new request would allow more bike-size options for staff to use during their shifts (and replace some existing bikes that are over ten years old). Each e-bike has a base cost of $6,499 with approximately $1,500 additional needed to outfit each e-bike for patrol usage. Additionally, remaining funds would be utilized to purchase a drone for the Police department. Incorporating a drone into Police operations will be a valuable tool, providing a range of benefits, including:  Safety – Drones provide vital information to minimize risk to staff and help protect lives.  Real-time data – Drones provide real-time visual data that can help peace officers assess situations from a safe distance.  Crowd monitoring—Drones can zoom in on minute details from long distances, helping to monitor crowds during special events.  Search and rescue – Drones can cover large areas quickly to help find missing or lost people or pets.  De-escalation—Drones can be deployed as an additional de-escalation resource.  Impacts If Not Approved / Alternatives: If not approved, staff will seek other ways to fund these critical tools for public safety operations. 409 Supplemental Goods & Services Request 001 General Fund - 431 Environmental Health – Food Safety Grant 2024, $10,000 (One-Time) What is the Financial Ask? The City of Aspen was awarded a grant from the US Food and Drug Administration (FDA) for $10,000 and seeks budget authority to reflect this grant funding. This is a net-zero ask. Description of The Current Status / Problem / Opportunity (The Why): Environmental Health staff sought a 2024 FDA grant to improve food safety in the community. Due to the language gap present within the local food service industry, many local restaurant operators have request support in developing or providing accessible training and materials their service workers. This is a known area of opportunity and one that can influence better outcomes, as 2025 will require restaurants to have multiple staff certified in food safety in 2025 under new regulations. Description of The Proposed Solution (The What): Utilizing the funds provided by the FDA, staff have already hired a certified instructor to teach a course in Spanish and covered the cost of the course materials and exam for local restaurant workers to engage in learning about food safety. These costs are appropriate for reimbursement from this FDA grant. Additionally, staff have spent time on this project and other projects aimed at improving our food safety program, such as foodborne illness response planning and conducting a program resource assessment and can also be backfilled with these dollars. Impacts If Not Approved / Alternatives: Requested expenditure authority mirrors the grant award and does not reflect any negative outcome for the City’s coffers if approved. 410 Supplemental Goods & Services Request 100 Parks & Open Space Fund – Wildlife Program CPW Grant $64,260 (One-Time) What is the Financial Ask? The Parks and Open Space Department received a reimbursable grant from Colorado Parks and Wildlife (CPW) on August 7, 2024, in the amount of $64,260. This CPW grant is 100% reimbursable, and based on the current budget, the parks fund does not have adequate funding available. The department is requesting the creation of a new operating project and allocation of funds so that purchases can be made over the winter in preparation for the 2025 summer season. Grant funds will be used to support the City’s efforts in reducing human/bear conflicts. Description of The Current Status / Problem / Opportunity (The Why): The City of Aspen lies in black bear habitat. Bears are experiencing near food failure in nature, and they are desperate for food. Our community has done a good job of securing trash; however, bears are increasingly targeting recycling containers, as well as attempting to access compliant wildlife cans and dumpsters. Staff are also seeing that bears periodically enter homes up and down the valley to source food. In addition, bears are drawn into town by the crabapples that fruit primarily in the downtown core. The city needs to be an active participant in reducing bear attractants by starting the process of removing and replacing crabapple trees from the downtown core with non-fruit bearing species. Staff developed this grant to assist homeowners and business owners who are looking for materials that can supplement or improve how they store trash and recycling. Description of The Proposed Solution (The What): These grant funds from CPW will be used to purchase metal trash cans, and sturdy poly cans for residents to use. Funds will also be used to purchase electric mats that will be loaned to residents and business owners to deter bears from entering their properties. Finally, staff are in the planning phases of possible removal and replacement of fruit bearing (crabapple) trees (City-owned). These funds anticipate offsetting expenses for those tree removals and replacements. Impacts If Not Approved / Alternatives: If this supplemental funding is not approved, staff will either lose the grant funds or defer this work until either the spring of 2025 (spring supplemental request) or include it in the 2026 annual budget process. 411 Supplemental Goods & Services Request 120 Arts and Culture Fund - Wheeler – Theatrical Rigging Replacement Contingency $122,390 (One-Time) What is the Financial Ask? The Wheeler Opera House requests $122,390 to address added scope to this rigging replacement project that has exhausted the project’s contingency. Description of The Current Status / Problem / Opportunity (The Why): Two additional systems have been identified as needing attention: replacement of the (3) manually operated curtain track systems with curtain motors and controls and replacement of (9) chain hoist motors for the lighting booms. Although currently in working condition, the intent was to refurbish the 30-year-old existing chain hoist motors as part of the original project scope. However, the manufacturer of the existing (9) chain hoist motors is no longer in business and replacement parts for the equipment are scarce to nonexistent. This informed staff that a full replacement was the best option for these systems. While project contingency exists to cover this cost, in the event there are other unforeseen costs associated with the base scope of work of construction, there would not be any funding authority to address those issues. Description of The Proposed Solution (The What): Purchase and installation of the additional equipment has added scope for the rigging replacement project. Immediate replacement of these systems is the most cost effective and advantageous time to perform this work since the project team will be reassembling the theater from a clean slate at the end of this project. Staff can apply the existing contingency to this scope change, but contingency funding would not be available for any other potential needs through the remainder of the project, so staff requests backfill authority of $122,390 to ensure it can respond, if needed. Impacts If Not Approved / Alternatives: Both curtain and lighting hoist systems will need to be replaced eventually. Performing this after the project will require labor to remove the existing equipment that would be reinstalled and then labor to install the new equipment. If performed during the current project, it will avoid added labor costs. Additional theater closures may be needed to allow for the installation of the equipment if performed after the project. Possibility of event cancellation or theatre closure may also be realized if the systems fail before a later-scheduled replacement/installation date. 412 Supplemental Goods & Services Request 132 REMP Fund – Municipal Facilities Decarbonization Roadmap, $70,000 - (One-Time) What is the Financial Ask? Staff request $70,000 be added to previously approved $80,000 (approved by Council during 2024 Spring Supplemental) to hire the professional services of a technical consultant to conduct ASHRAE Level 2 audits and facilities assessments (total project cost would be $150,000). Description of The Current Status / Problem / Opportunity (The Why): On May 8, 2023, staff presented a variety of high impact projects that would accelerate the City’s climate goals. Among those projects was a plan to conduct a study of City buildings and electric vehicle charging capacities at City buildings, which staff estimated would cost between $66,000 and $396,000. Performing energy audits on City-owned buildings is an important strategy to accelerate work on the ASAP. In Aspen, the built environment accounts for 57% of the community’s greenhouse gas emissions. Therefore, addressing emissions from buildings is crucial to achieving the City’s climate action goals. Performing audits on City-owned buildings will not only help inform long term planning on how the City can reduce emissions from its facilities but may also serve as a model for how other facilities in the community could reduce emissions and find efficiencies. Description of The Proposed Solution (The What): This project will develop a roadmap with realistic, holistic recommendations for how the City can reduce greenhouse gas emissions and improve efficiency and building performance across the City’s facilities portfolio. With funding for the complete project, a requested technical consultant would perform ASHRAE Level 2 building audits and analyses that evaluate potential energy conservation measures and electrification opportunities including and not limited to: electric vehicle charging, energy and greenhouse gas emission savings, capital and operational costs, and feasibility for identified city-owned buildings. The results of the municipal facilities decarbonization roadmap do not commit the City to completing any or all of the work, instead it provides a framework and plan to understand various opportunities for building efficiencies to better inform capital and maintenance planning going forward. In July 2024, Staff released an RFP for a Municipal Facilities Decarbonization Roadmap and received 19 bids for this project. With information from these bids, staff have concluded that expanding the scope of this project to include more buildings in the initial roadmap will benefit the City overall by helping Parks, Asset, and the Climate teams assess large and highly-utilized buildings and conduct level 2 audits, which most state and federal grant applications require. Additional funds will help reach the average price of competitive, high-quality bids received during the City of Aspen Municipal Facilities Decarbonization Roadmap RFP process ($150,000) and capitalize on the benefits of completing the project in one phase. Impacts If Not Approved / Alternatives: Instead of conducting a decarbonization roadmap for city’s largest and high-utilized facilities, staff will approach decarbonization with an even more phased approach. With a phased approach, the roadmap will lack a more comprehensive view of city facilities, and the buildings without level 2 audits may not be eligible for some grant applications if the city pursues them in the future. 413 Supplemental Goods & Services Request 141 Transportation Fund – Shuttle Vehicle Purchase/Grant, $319,720 (One-Time) What is the Financial Ask? The Transportation Department requests $319,720 to reflect CDOT grant funding of an equal amount and will be applied to the purchase of four replacement shuttles. Description of The Current Status / Problem / Opportunity (The Why): The Transportation Department fleet plan calls for the replacement of four shuttle vehicles for use on City routes. Originally, these vehicles were budgeted for a total of $552,000. Based on CDOT’s negotiated pricing, the cost of these four vehicles has increased, with the total for the four vehicles estimated at $799,300 plus shipping, title, outfitting, and other expenses. The revised total is now estimated at $871,700. Description of The Proposed Solution (The What): Approval of this supplemental request will allow the Transportation Department to move forward with the acceptance of a CDOT grant and will align the net financial impact to the City with the previously budgeted amount as it seeks these four replacement shuttles. It is important to note that these shuttle vehicles will be gasoline powered as small shuttles are not currently electrified to the point where CDOT or other industry experts find them suitable for City service. Impacts If Not Approved / Alternatives: If not approved, staff will decline the CDOT grant and reduce the number of shuttle purchases to meet the current budgeted amount. 414 Supplemental Goods & Services Request 501 Employee Benefits Fund – Funding Increased Health Insurance Costs $745,000 (One-Time) What is the Financial Ask? Additional budget authority of $745,000 is requested to support expenditures related to high cost and utilization of benefits within the City’s partially self-insured health plan. Description of The Current Status / Problem / Opportunity (The Why): The City of Aspen operates a partially self-insured health plan, meaning it takes on the financial risk of the health insurance plan, with partially offsetting the financial risk from single high claimants and/or aggregate claims volume through a stop loss or excess insurance policy. Over the years, this model has worked exceptionally well for the city by keeping administrative costs low, which are typical of fully insured plans. Recently, the health plan has seen a significant uptick in volume, costs of services, and in high dollar individual claims. This elevation in usage and cost coincided with the end of the COVID pandemic and was anticipated due to pent up need for services but has since persisted. With that, the City focused on increasing health insurance premiums for 2024 and is again anticipating mimicking that action for 2025, to increase revenues into the fund while balancing a competitive health plan and prudent financial management. These steps, along with continued assessment of plan design modifications, remain a key focus of the organization to ensure employees and dependents have accessible and reliable health care. That said, based on current claims data, projections place the city reaching the aggregate stop loss maximum on claims this year. This is not ideal as it is also a renewal year for negotiating a new stop loss coverage policy, but it is telling on how high claims are trending right now. Although the aggregate number may fluctuate slightly due to changing enrollment numbers, based on the current information at hand, an increase to the appropriation of $745,000 is required to fully cover the potential out-of- pocket amount the city is responsible for if claims continue on their current path. Description of The Proposed Solution (The What): The proposed solution is to fund the potential risk if claims continue to be realized and exceed the current appropriation level in the originally adopted 2024 budget. Increasing the appropriation to the maximum exposure for the city under the existing aggregate stop loss coverage means that the city should not exceed the revised spending plan. Note that if the revised spending authority is not fully needed at year-end, any unspent authority would remain in fund balance and continue to be available for future benefit needs. Impacts If Not Approved / Alternatives: Unfortunately, there are limited actions to take and controlling claims in the near term due to posting constraints required under the Affordable Care Act (ACA) for plan design changes. Therefore, if this request is not approved, it is likely that expenditures will exceed existing budget authority and will cause an audit finding. 415 Supplemental Goods & Services Request 505 Employee Housing Fund – Employee Housing Operations $48,000 (One-Time) What is the Financial Ask? Staff request $48,000 to reflect additional costs bore by the City for two new employee units. Description of The Current Status / Problem / Opportunity (The Why): As a tool for attraction and retention of City staff, and to ensure appropriate staffing during emergency periods or in situations where time sensitive actions are needed (snow removal, water treatment, etc.), employee housing is a critical component to the City’s effective operations. The City currently has 74 units within its inventory, with roughly half of these units under a rental model and the other half under an ownership model (where the City is always the purchaser when an employee sells the units upon separating from City employment). These units, especially rental units, require upkeep and have holding costs associated with them. Description of The Proposed Solution (The What): Over the last two years, Council has approved two new units to bring the total housing inventory to the current 74-unit count. With that, there was no increase to the operating budgets to reflect additional costs for utilities, monthly HOA dues and special assessments. As such, staff is requesting $48,000 to cover increases in these areas within the housing program. Impacts If Not Approved / Alternatives: Costs tied to these units are reflective of general real estate ownership and upkeep. If budgets are not aligned to mirror the needs of the current housing inventory; while not advised, staff will need to discuss with Council if it wishes to relinquish units to lower costs. 416 Supplemental Goods & Services Request 505 Employee Housing Fund – Employee Housing Unit Lease and Capital Maintenance $137,050 (One-Time) What is the Financial Ask? Staff is requesting $137,050 be added to the budget for the City’s employee housing program to address needs in 2024 related to new operational costs and unanticipated maintenance needs. Description of The Current Status / Problem / Opportunity (The Why): As a tool for attraction and retention of City staff, and to ensure appropriate staffing during emergency periods or in situations where time sensitive actions are needed (snow removal, water treatment, etc.), employee housing is a critical component to the City’s effective operations. The City currently has 74 units within its inventory, with roughly half of these units under a rental model and the other half under an ownership model (where the City is always the purchaser when an employee sells the units upon separating from City employment). Often, unit turnover occurs as staffing changes occur or as employees locate new housing opportunities on their own. Unit turnover creates opportunities for staff to update and manage these assets to maximize their lifespan and undertake needed repairs prior to new occupancy. Finally, unlike the above noted units that are fully controlled by the City through past acquisitions, the City recently entered into new leasable space at the AABC for employee housing as another method outside of outright unit purchase. Pursuant to the lease agreement of this AABC space, 2024 rent totals $37,050. Description of The Proposed Solution (The What): This request is needed to cover the additional maintenance activities triggered by unit turnover and the lease agreement that was not included in the original Budget. Funding the newly leased unit was not part of the original operational budget for this program and has caused an overrun in this area, equal to $37,050. Additionally, capital maintenance budgets this year have been exhausted and a $100,000 supplemental increase is requested to allow regular maintenance for the remainder of the year. Impacts If Not Approved / Alternatives: Without additional budget authority for the remainder of 2024, expenditures will exceed current budget authority. As the fund has sufficient reserves, staff recommends funding the additional budget need. 417 Exhibit C - Technical Adjustments Department/Description Operating Capital Transfers Out HHS Funded by Tobacco Tax: Council approved resolution No.100-2024 on August 27, 2024, approving a new IGA for Aspen Family Connections (AFC) IGA starting in September 2024. Background: A tobacco tax approved by voters in 2017 set parameters for the revenue to be spent only on financing health and human services, tobacco related health issues, and addiction and substance abuse education and mitigation. A three-year IGA between the City of Aspen and Aspen Family Connections (AFC) was signed in 2021 to formalize the arrangement between the two entities to have AFC initiative/enhance programming focused on substance abuse and preventions services. This original agreement expired in September 2024, and a new IGA was approved through Resolution 100-Series 2024 and signed in September. The last 4 months of the year were not budgeted for with this expense. A supplemental ask for 2025 addresses next year's budget. $83,334 Senior Food Tax Refund: Based on the timing of Council's decisions to increase the dollar amount paid out for senior food tax refunds, the increase was not factored into the adopted 2024 budget. Therefore, the payouts exceeded the 2024 budget and requires an increase to equal actual refunds paid. $7,800 112-Mayor and Council $91,134 $0 $0 Streets Motor Graders and Police Vehicles: Council approved resolutions No.94- 2024 and No.121-2024 in September 24, 2024 and October 8, 2024, meetings. The resolutions approved the purchase of 2 Caterpillar 150 AWD Motor Graders and 3 Police vehicles, totaling $910K. $910,299 321-Streets $0 $910,299 $0 50913-Park Avenue Improvement: Council approved resolutions No.77-2024 and No.82-2024 in the July 23, 2024 meeting, approving the construction and construction management work for Park Avenue Improvement project. The resolutions approved new budget authority of $582K, funding the contracts presented, testing, inspection and contingency. This increased the project budget from $1.6M to $2.1M. $582,489 Mill Street Bridge Maintenance and Repairs: Council approved the following 4 resolutions; No.106-2024, No.107-2024, No.117-2024, and No.118-2024 in August, 27 and September 24, 2024 meetings. The resolutions approved $650K in bridge maintenance and critical repairs; funded by new authority of $318K and existing capital authority of $332K. $318,000 50479-Summer Road: Council approved resolution No.101-2024 on August 27, 2024. This resolution approved the design contract awarded to SMG totaling $118K and new authority of ~$13K. $13,497 327-Engineering $0 $913,986 $0 2024 TECHNICAL ADJUSTMENTS Previously Approved by Council 418 Exhibit C - Technical Adjustments Department/Description Operating Capital Transfers Out 2024 TECHNICAL ADJUSTMENTS Maroon Creek Multi-Use Trail: Council approved resolution No.115-2024 in the September 24, 2024 meeting, approving new authority of $790K to complete the Maroon Creek Multi Use Trail Project. These funds cover the costs necessary to mitigate poor subsurface conditions encountered during the construction of the trail and fund traffic control overages. $790,000 LIA Evaporative Condenser: Council approved resolution No.120-2024 in the September 24, 2024 meeting, approving new authority of $99K funding the immediate replacement of the Lewis Ice Arena Evaporative Condenser. $99,552 100-Parks and Open Space Fund:$0 $889,552 $0 Rigging System Replacement and Building Renovations: Council approved resolution No.58-2024 on May 14, 2024 approving new authority of $147K to complete the rigging system replacement and building renovations. $147,000 120-Arts and Culture Fund:$0 $147,000 $0 Hallam and Garmisch Project Increased Scope: Council approved resolution No.105-2024 in the August 27, 2024 meeting, approving the increased scope in the asphalt paving along Garmisch. Further review of Water’s 51765 Hallam and Garmisch Water Main Replacement project, revealed new budget authority of $55,000 is required to fund the increased paving scope. This corrects the August 27, 2024 Council memo that stated the funding existed in this project. $55,000 Vehicle Accident Replacements - Water Department: 2012 Ford Fusion and 2013 Toyota Tacoma were rear ended, in two separate accidents, resulting in both vehicles being totaled. This funding is required to replace these vehicles in the Water fleet. ~$21,000 of the replacement cost is offset by insurance payments. $87,000 421-Water Utility Fund:$0 $142,000 $0 51882 Emergency Procurement Electric Cable and Conduit Replacement, Red Brick South Single-Phase Primary: Council approved resolution No.68-2024 in the June 25, 2024 meeting, approving new authority of $150K to replace approximately 580 linear feet of cable and return this single-phase circuit back to normal without extensive digging. $150,000 Aspen Microgrid Planning Project: Council support for the microgrid planning grant application was approved through Resolution No.104-2024, in the August 27, 2024 meeting. A contingent grant was awarded in the amount of $52K through Department of Local Affairs (DOLA), pending U.S. Department of Energy review and approval. The grant requires a City match of $18K for a total appropriation of $70K for this microgrid planning project. $70,518 419 Exhibit C - Technical Adjustments Department/Description Operating Capital Transfers Out 2024 TECHNICAL ADJUSTMENTS 431-Electric Utility Fund:$0 $220,518 $0 Previously Approved by Council Total $91,134 $3,223,355 $0 Fund ComDev Capital Remodel Project from Departmental Savings Move Savings to Transfer Line to Send Funds to Asset Management Fund ($94,000) $94,000 Increase Capital Project in the Asset Management Fund $94,000 001-General Fund and 000-Asset Management Fund ($94,000)$94,000 $94,000 Decarbonization Roadmap Move From General Fund to REMP Fund Municipal Facilities Decarbonization Roadmap: General Fund ($80,000) Municipal Facilities Decarbonization Roadmap: REMP Fund $80,000 001-General Fund and 132 REMP Fund $0 $0 $0 Align Budget and Expense to Properly Code Expense for Golf ForeUp Software Move Business Services Budget Authority from Parks to Golf ($6,000) Move Business Services Budget Authority from Parks to Golf $6,000 100-Parks and Open Space Fund and 471-Golf Course Fund $0 $0 $0 Police Grants and Donations: Net $0 impact to the City of Aspen This is a net $0 ask formally approving budget to cover the use of various grants and overtime services. Funding sources equal $39,728 offsetting 100% of the budget appropriation. Background: The grants received were through Peace Officer Standards and Training (POST) for three officers to attend career development training, for High Visibility Impaired Driving Enforcement (HVE Colorado), Click it or Ticket education and enforcement, for Aspen Police to assist with Jazz Aspen, Boom Days in Leadville, and other community events, where officers worked overtime and police were reimbursed for their time. Additionally, the police department was granted a Peer Support Grant, which allows officers and their spouse to participate in counseling, provide training to our Peer Support Officers, and wellness visits with a therapist. Lastly, we have received a grant to sponsor a family to take them shopping for the holidays, hosted by Holy Cross. $39,728 Police Departmental Savings Correction: The initial Police savings calculation was inaccurate due to formula errors. This action sets the 2024 departmental savings to the correct amount. $84,300 221-Police $124,028 $0 $0 Disbursement of 2024 Lodging Tax collections to ACRA based on actual YTD tax collections. $37,000 130-Tourism Promotion Fund $37,000 $0 $0 Accounting and Other 420 Exhibit C - Technical Adjustments Department/Description Operating Capital Transfers Out 2024 TECHNICAL ADJUSTMENTS 51249-Animal Shelter Efficiency Upgrades: Efficiency upgrades for solar panels, battery back up, and building insulation qualify for REMP funding increasing the REMP funding from $150,000 to $221,940. $71,940 132-REMP Fund $0 $0 $71,940 Recording the COGS of the Housing Unit Inventory: At the time of sale of Employee Housing Units, the units are recorded as expense, inventory is reduced and revenue is recorded. This is the formal authority required for these accounting transactions to be recorded. $932,400 505-Employee Housing Fund $932,400 $0 $0 Accounting and Other Total $999,428 $94,000 $165,940 Employee Payout: Per City policy, payout of employee accrued PTO an sick leave.$436,600 City Financial Policies Total $436,600 $0 $0 Total Technical Adjustments - Operating / Capital / Transfers:$1,527,162 $3,317,355 $165,940 City Financial Policies 421 Exhibit D - Revenues / Transfers In Department/Description New Revenue Transfers In 51249-Animal Shelter Efficiency Upgrades: Revised project scope increases the 50% County's share by $112,500, for a total of $362,500 $112,500 51249-Animal Shelter Efficiency Upgrades: Efficiency upgrades for solar panels, battery back up, and building insulation qualify for REMP funding increasing the REMP funding from $150,000 to $221,940. $71,940 Savings to Transfer In Line: Funding the ComDev Remodel project in the AMP fund. $94,000 000-Asset Management Plan Fund: $112,500 $165,940 Food Safety 2024: 100% Funded by Grant We sought an FDA grant to improve food safety in the community. The grant allowed us to offer a food safety certification for Spanish-speaking restaurant workers. This is a service that restaurant operators requested and it addresses a language gap. There will be a new requirement in 2025 for restaurants to have multiple staff members certified in food safety and this project helps us address that proactively. $10,000 Police Grants and Donations: Net $0 impact to the City of Aspen This is a net $0 ask formally approving budget to cover the use of various grants and overtime services. Funding sources equal $39,728 offsetting 100% of the budget appropriation. Background: The grants received were through Peace Officer Standards and Training (POST) for three officers to attend career development training, for High Visibility Impaired Driving Enforcement (HVE Colorado), Click it or Ticket education and enforcement, for Aspen Police to assist with Jazz Aspen, Boom Days in Leadville, and other community events, where officers worked overtime and police were reimbursed for their time. Additionally, the police department was granted a Peer Support Grant, which allows officers and their spouse to participate in counseling, provide training to our Peer Support Officers, and wellness visits with a therapist. Lastly, we have received a grant to sponsor a family to take them shopping for the holidays, hosted by Holy Cross. $39,728 001-General Fund: $49,728 $0 2024 FALL REVENUE & TRANSFER DETAIL 422 Exhibit D - Revenues / Transfers In Department/Description New Revenue Transfers In 2024 FALL REVENUE & TRANSFER DETAIL Shuttle Vehicle Purchase/Grant: 100% Funded by Grant The Transportation Department fleet plan calls for the replacement of four shuttle vehicles for use on City routes. These vehicles were approved for a total of $552,000. Based on CDOT’s negotiated pricing, the cost of these four vehicles has increased, with the total for the four vehicles estimated at $799,300 plus shipping, title, outfitting, and other expenses. The revised total is estimated at $871,720. The increase in cost is offset by a CDOT grant of $319,700. Approval of this supplemental request will allow the Transportation Department to move forward with acceptance of a CDOT grant. $319,720 141-Transportation Fund: $319,720 $0 Burlingame Phase 3 Settlement: $1,293,436 Fee In Lieu Increase: At the May 14, 2024 council meeting, Council approved multiple residential demo approvals that included Fee In Lieu because no housing credits are available for purchase. Collections to date are $1M and project to be higher by year end. ComDev expects this to continue for the next few years the fee is paid instead of buying the credits. $1,000,000 150-Housing Development Fund: $2,293,436 $0 Vehicle Accident Replacements - Water Department: ~$21,000 of the replacement cost is offset by insurance payments. 2012 Ford Fusion and 2013 Toyota Tacoma were rear ended, in two separate accidents, resulting in both vehicles being totaled. This funding is required to replace these vehicles in the Water fleet. $21,000 421 - Water Utility Fund: $21,000 $0 Comcast Refund of Expenditure: City of Aspen installed comcast cable while the ground was open minimizing the impact to the community. This funding is Comcast's repayment to the City of Aspen for the cost of this work. $265,217 Aspen Microgrid Planning Project: Council support for the microgrid planning grant application was approved through Resolution No.104-2024, in the August 27, 2024 meeting. A contingent grant was awarded in the amount of $52K through Department of Local Affairs (DOLA), pending U.S. Department of Energy review and approval. This grant requires a City match of $18K for a total appropriation of $70K for this microgrid planning project. The additional $18K is seen on the expense side of this request. $52,889 431 - Electric Utility Fund: $318,106 $0 423 Exhibit D - Revenues / Transfers In Department/Description New Revenue Transfers In 2024 FALL REVENUE & TRANSFER DETAIL Stop Loss Reinsurance: The City of Aspen pays for insurance to protect against the risk of high claims. This is the insurance claims payments back to the City of Aspen. $550,000 501-Employee Benefits Fund : $550,000 $0 Total Revenue / Transfers In:$3,664,490 $165,940 424 Component Unit 2024 Appropriations By Fund Section 2 - Exhibit E Fund Name 2024 Audited Opening Balance 2024 Adopted Revenue 2024 Spring Supplemental Revenue 2024 Fall Supplemental 2024 Amended Revenue Budget 2024 Adopted Expense 2024 Spring Supplemental Expense 2024 Fall Supplemental Expense 2024 Amended Expense Budget 2024 Ending Balance 670 - Aspen Mini Storage Fund $53,072 $165,000 $0 $0 $165,000 $166,400 $0 $48,600 $215,000 $3,072 Opening Balance Revenues Expenses Ending Balance 425 Exhibit F - New Requests Department/Description Operating Capital Mini Storage Additional Operating Costs: Requesting to increase Mini Storage budget authority by $48,600 for additional operating expenses including accounting and audit fees, projected bad debt, and utilities. $48,600 670-Mini Storage Fund: $48,600 $0 Total New Requests - Operating / Capital:$48,600 $0 2024 FALL SUPPLEMENTAL NEW REQUESTS 426 MEMORANDUM TO:City Council FROM:Matt Grau, Budget Manager THRU: Sara Ott, City Manager & Pete Strecker, Finance Director MEETING DATE:November 12, 2024 RE:First Reading – 2025 Fee Ordinance No. 17 (Series 2024) Request of Council: This memorandum outlines proposed fee changes included in the City’s Municipal Code under section 2.12 (Administrative). In addition to these code revisions, aseparate utility rate ordinance will be brought forward for Council consideration. Summary and Background:Fees are reviewed annually by staff and Council during budget development, with adjustments adopted through an annual ordinance. Revisions consider various factors, primarily focusing on cost recovery for services and external influences such as inflation or service demands. Historically, inflationary adjustments have been up to 5%, but recent assessments have factored in the past two years of higher inflation affecting service delivery by staff and vendors. Discussion: Notable changes beyond minor inflationary adjustments, as discussed in budget meetings with Council, include: Golf Course: Reduction of the Unlimited Golf Cart Pass and introduction of one new refund service charge based on time and opportunity cost analysis. Recreation: Fees have been adjusted significantly to a cost recovery model following detailed service analysis and community benefit reviews discussed in July Council sessions. The changes are thus pre-approved and are now reflected in documentation. Police: Modest fee increases for case reports, notary services, and minor logging hours reflect comparative rates in similar jurisdictions. Increases for case reviews and audio/video analysis are based on the time required. Alarm and late fees have also been updated, the first revisions in 8 and 10 years, respectively, to reflect staff time. Engineering: Encroachment fees were increased to align the occupation of these public right-of-way spaces in an equitable manner as parking spaces and to encourage limited use of these spaces in general. Parking: Rates for electric vehicle charging stations have been adjusted, including new overstay fees and time limits to optimize usage. City towing fees are also updated in response to fee increases by Shaun’s Towing Company. Parks: The 7-day park use business license fee has been removed, and a new modest day camp fee has been introduced to support educational activities related to park use. Proposed fee changes have been built into revenue budgets, but actual collections will depend on the volume of sales or services rendered. Recommendations:Staff recommend approval of the 2025 proposed fee ordinance. City Manager Comments: 427 ORDINANCE NO. 17 Series of 2024 Early Season Regular Season Greens Fees / Passes Platinum $3,400 $3,400 Gold $1,700 $1,700 Silver $1,100 $1,100 Punch Pass $900 $900 Junior $250 $250 Twilight $735 $735 College Pass $525 $525 Senior Greens Fee – 9 Hole N/A $45 Senior Greens Fee – Primary Resident (Must Show ID) N/A $85 Military Rate (Must Show Proper ID) N/A $100 Green Fee – Max Rate N/A $250 Green Fee – Junior N/A $60 Green Fee – Guest of Member N/A $100 Tournament/Group Booking Rate (per person) N/A $350 Early Season Regular Season Cart and Club Rentals Golf Cart – 18 Holes N/A $26.50 Golf Cart – Members: 18 Holes N/A $24.50 Golf Cart – 9 Holes N/A $21.50 Golf Cart – Members: 9 Holes N/A $19.50 Unlimited Golf Cart Pass N/A $450 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ADJUST CERTAIN MUNICIPAL FEES INCLUDED UNDER SECTION 2 AND 26 OF THE MUNICIPAL CODE. WHEREAS, the City Council has adopted a policy of requiring consumers and users of the miscellaneous City of Aspen programs and services to pay fees that fairly approximate the costs of providing such programs and services; and WHEREAS, the City Council has determined that certain fees currently in effect do not raise revenues sufficient to pay for the attendant costs of providing said programs and services, or are set above levels necessary to achieve full reimbursement of costs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That Section 2.12.010 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Aspen Municipal Golf Course, is hereby amended to read as follows: Sec. 2.12.010. Aspen Municipal Golf Course Page 1 of 35 428 ORDINANCE NO. 17 Series of 2024 Early Season Regular Season Cart and Club Rentals (continued) Pull Cart – 18 Holes N/A $20.50 Pull Cart – Members: 18 Holes N/A $18.50 Pull Cart – 9 Holes N/A $16.00 Pull Cart – Members: 9 Holes N/A $13.50 Rental Clubs – 18 Holes N/A $80 Rental Clubs – 9 Holes N/A $60 Lockers and Range Locker for Season N/A $450 Range Large Bucket N/A $14.50 Range Large Bucket – Members N/A $12.50 Range Small Bucket N/A $12.50 Range Small Bucket – Members N/A $10.50 Unlimited Range Pass N/A $400 Refund Service Fee N/A $100 Minimum Cost Recovery Max Fee Daily Admission Youth / Senior - Primary Resident (81611)50% $13 Youth / Senior - Guest 75% $30 Adult - Primary Resident (81611)50% $15 Adult - Guest 75% $32 The Recreation Department shall issue Fun Passes that provides access to the holder of such a pass to the following facilities and activities: use of the James E. Moore Pool, public or open skating at the Lewis Ice Arena or Aspen Ice Garden, use of the climbing wall at the Red Brick Recreation Center, fitness classes held at the Red Brick Recreation Center, aquatic fitness classes at the Aspen Recreation Center, tennis court rental and usage at the Aspen Tennis Center. Usage, participation and access to the above activities may be limited to certain times and dates as indicated on the pass. (Code 1971, §2-33; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 68-1994, §5; Ord. No. 53-1995, §2; Ord. No. 43-1996, §1; Ord. No. 49-1998, §1; Ord. No. 45-1999, §1; Ord. No. 57-2000, §1; Ord. No. 5-2002 §1; Ord. No. 47-2002 §18; Ord. No. 63-2003, §8; Ord. No. 2-2004, §1; Ord. No. 38-2004, §10; Ord. No. 49- 2005, §12; Ord. No. 48, 2006, §1; Ord. No. 52-2007; Ord. No. 29-2010§12; Ord. No. 33-2011§1; Ord. No. 29- 2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) That Section 2.12.014 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for Recreation Department Fun Passes, is hereby amended to read as follows: Sec. 2.12.014 Recreation Department Fun Pass Page 2 of 35 429 ORDINANCE NO. 17 Series of 2024 Minimum Cost Recovery Max Fee Memberships Youth / Senior -1-month 30% $85 Youth / Senior - 3-month 30% $192 Youth / Senior - 6-month 30% $376 Youth / Senior - 12-month 30% $629 Youth / Senior - 20 Punch Pass 30% $231 Adult - 1-month 30% $146 Adult - 3-month 30% $340 Adult - 6-month 30% $460 Adult - 12-month 30% $809 Adult - 20 Punch Pass 30% $278 Family - 1-month 30% $279 Family - 3-month 30% $540 Family - 6-month 30% $967 Family - 12-month 30% $1,584 Corporate Punch Passes Non-Profit (100 Punches)30% $1,300 For Profit (100 Punches)30% $3,000 For Profit (500 Punches)30% $9,512 Non-Profit For Profit Aspen Recreation Center (ARC) Facility Rental Fees ARC Meeting Room - per hour $33 $90 ARC Full Facility Rental - per day $15,000 $20,000 Tennis/Pickleball One Court Rental - per hour $36 $40 ARC Pavilion Rental - per hour $33 $90 That Section 2.12.015 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Aspen Recreation Center, is hereby amended to read as follows: Sec. 2.12.015. Aspen Recreation Center (Ord. No. 27-2003, §1; Ord. No. 63-2003, §9; Ord. No. 38-2004, §13; Ord. No. 49-2005, §4; Ord. No. 48, 2006, §3; Ord. No. 40-2008; Ord. No. 27-2009§2; Ord. 29-2010§2; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) (Ord. No. 27-2003, §2; Ord. No. 38-2004, §14; Ord. No. 49-2005, §3; Ord. No. 48, 2006, §2; Ord. No. 52- 2007; Ord. No. 40-2008; Ord. No. 27-2009§1; Ord. No. 29-2010§1; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) Page 3 of 35 430 ORDINANCE NO. 17 Series of 2024 Non-Profit For Profit Ice Facility Rental Ice - Facility Rental - per hour $298 $404 Ice - Facility Rental - per day $6,300 $8,000 Non-Profit For Profit Rentals Aquatic Facility Rental - per hour $298 $404 Aquatic Facility Rental - per lane per hour $16 $27 Aquatic Facility Rental - per day $6,300 $8,000 Minimum Cost Recovery Max Fee Youth Ice Programming Youth Group Lessons - per session 30% $50 Private Lessons - per 1/2 hour 30% $67 Multiple Session Pass 30% $900 Sec. 2.12.030. James E. Moore Pool (Code 1971, §2-35; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 53-1995, §4 [part]; Ord. No. 43- 1996, §3; Ord. No. 49-1998, §3; Ord. No. 45-1999, §3; Ord. No. 47-2002 §17; Ord. No. 63-2003, §11; Ord. No. 38-2004, §15; Ord. No. 49-2005 §5; Ord. No. 48, 2006, §5; Ord. No. 40-2008; Ord. No.. 27-2009§4; Ord. No. 29-2010§4; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19- 2022; Ord. No 22-2023; Ord. No 17-2024) That Section 2.12.040 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for miscellaneous leisure and recreation fees, is hereby amended to read as follows: Sec. 2.12.040. Miscellaneous Leisure and Recreation Fees (Code 1971, §2-34; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 67-1993, §6; Ord. No. 68-1994, §6; Ord. No. 53-1995, §3; Ord. No. 43-1996, §2; Ord. No. 49-1998, §2; Ord. No. 45-1999, §2; Ord. No. 57- 2000 §2; Ord. No. 47-2002 §16; Ord. No. 27-2003; Ord. No. 63-2003, §10; Ord. No. 2-2004, §2; Ord. No. 38- 2004, §2; Ord. No. 49-2005, §7; Ord. No. 48, 2006, §4; Ord. No. 52-2007; Ord. No. 27-2009§3; Ord. No. 29- 2010§3; Ord. No. 33-2011§2; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) That Section 2.12.030 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the James R. Moore Pool, is hereby amended to read as follows: Sec. 2.12.020. Aspen Ice Garden and Lewis Ice Arena Page 4 of 35 431 ORDINANCE NO. 17 Series of 2024 Minimum Cost Recovery Max Fee Youth Swim Lessons Youth Group Lessons - per session 20% $48 Private Lessons - per 1/2 hour 20% $66 Youth Programming Tier I: Drop In Fee 30% $25 Tier II: Under 6 yrs. per sport per season (t-ball, kinder basketball)30% $76 Tier III: In-house sports leagues/lessons (soccer, spring basketball)30% $121 Tier IV: Traveling leagues (baseball, winter basketball)30% $184 Youth classes (dance, karate, climbing)30% $87 Afterschool Camp - Daily Rate 5% $20 Day Camp - Daily Rate 5% $54 Specialty Programs - per day 50% $141 Specialty Programs - per week 50% $895 Adult Programming - Individual Tier I: Drop In Fee 75% $25 Tier II: Personal Instruction 75% $200 Tier III: Multiple Session Pass 75% $900 Adult classes (CPR, Lifeguard Training)30% $334 Adult Sports - Team Tier I: Individual Registrant Fee 75% $384 Tier II: Full Team Registration Fee 75% $1,167 Other Fees Ball Machine Rental - per hour 75% $33 Birthday Party Bounce House - per hour 75% $75 Locker Rental: 6-month & annual 75% $120 Services: (skate sharping, towel / skate rental, etc.)75% $20 Merchandise (swimsuits, tape, goggles, etc.)75% $50 Non-Profit For Profit Red Brick Gym Facility Rental - per hour $55 $90 (Code 1971, §2-36; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 68-1994, §7; Ord. No. 53-1995, §4 [part]; Ord. No. 43-1996, §4; Ord. No. 49-1998, §4; Ord. No. 45-1999, §4; Ord. No. 57-2000, §3; Ord. No. 47-2002, §15; Ord. No. 63-2003, §12; Ord. No. 38-2004, §12; Ord. No. 49-2005, §6; Ord. No. 48, 2006, §6); Ord. 52-2007; Ord. No. 40-2008; Ord. No. 27-2009§2; Ord. No. 29-2010§5; Ord. No. 29-2012; Ord. No. 48- 2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) Page 5 of 35 432 ORDINANCE NO. 17 Series of 2024 Program Fees Adult Class - up to 2 hrs* $61 Adult Class - 2 hrs to 4 hrs* $100 Adult Class - full day rate* $198 Youth – Art Camp (1 week) $371 Gallery Commission (% of gross sales) 40% Youth Art Class - up to 2 hrs* $42 Youth Art Class - 2 hrs to 4 hrs* $85 Youth Art Class - full day rate* $128 Private Adult Art Class - for an individual, up to 2 hours $320 Private Adult Art Class - for a group of 2 - 4 people, up to 2 hours $428 Private Adult Art Class - for a group over 5 people, up to 2 hours, per person $86 Private Youth Art Class - for a group up to 8 children, up to 2 hours $319 Private Youth Art Class - for a group of 9 children or more, up to 2 hours $427 *Rate for different classes may vary based on suppy costs. Facility Fees Tenant Rent (per sq. foot) $2.18 Parking Permit $117 Room Rental (per hour) $29 For-Profit Non-Profit All Rates Below Include Rehearsals & Performances Public Event Day Rate | Mon-Thurs (up to 2 events per day)$875 $490 Public Event Day Rate | Fri-Sun (up to 2 events per day)$965 $540 Tech/Rehearsal Rate | Mon-Thurs $685 $390 Tech/Rehearsal Rate | Fri-Sun $965 $540 Weekly Rate | Mon-Fri (5 day max.)$3,500 $1,960 Private Corporate Event Day Rate $5,000 $975 The Vault Lobby Only (hourly, max. 4 hrs.)N/A $100 That Section 2.12.043 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Red Brick Center for the Arts, is hereby amended to read as follows: Sec. 2.12.043. Red Brick Center for the Arts Fees (Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22- 2023; Ord. No 17-2024) That Section 2.12.045 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Wheeler Opera House, is hereby amended to read as follows: Sec. 2.12.045. Wheeler Opera House Page 6 of 35 433 ORDINANCE NO. 17 Series of 2024 For-Profit Non-Profit Box Office Royalty Sales Commission | Onsite Events 6% 0% Sales Commission | Offsite Events 6% 3% Credit Card Billback Visa & Mastercard 3% 3% American Express 4% 4% Box Office Ticket Sellers Box Office Staff Onsite | 2hr minimum per staff $31 $31 Box Office Staff Offsite | 2hr minimum per staff $40 $40 Box Office Set-Up Box Office Event Set-Up Fee | Single Event $200 $100 Box Office Event Set-Up Fee | 5-9 events $800 $400 Support Services Client Ticket Charge | Comps, Pass Bar Codes, & Consignment Tickets (per ticket over 25)$0.50 $0.50 Theatre Technicians | 4hr minimum per staff (hourly)$30 $30 Production Manager | 4hr minimum per staff (hourly)$40 $40 Custodial Services Technician (hourly)$37 $37 Foodservice Cleaning Fee (hourly)$75 $75 Audio/Lighting Supervisor | 4hr minimum per staff (hourly)$40 $40 House Management Staff | 4hr minimum per staff (hourly)$30 $30 Catering Coordination | requires prior arrangement $40 $40 Merchandise Seller $150 5% of gross sales Merchandise – Recorded Material & Other 10% / 20% of gross N/A Equipment / Instrument Rental 9' Concert Grand Steinway Day Rate | approval required $255 $255 Piano Tuning, per tuning rate $250 $250 Drum Kit Rental Day Rate $200 $200 Video Media Rental Day Rate | Projector, Screen, DCP $200 $200 Video Media Rental Weekly Rate | 5 consecutive days $500 $500 *In order to qualify for non-profit rates, organization must be a registered Roaring Fork Valley non-profit organization or qualifying performing artist. City Manager has discretion to waive or reduce fees in instances for community beneft. (Ord. No. 68-1994, §8; Ord. No. 53-1995 §5; Ord. No. 45-1999, §5; Ord. No. 49-1998, §5; Ord. No. 57-2000, §4; Ord. No. 12-2003, §1; Ord. No. 63-2003, §13; Ord. No. 38-2004, §11; Ord. No. 48, 2006, §7; Ord. No. 40- 2008; Ord. No. 27-2009§6; Ord. No. 29-2010 §6; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) Page 7 of 35 434 ORDINANCE NO. 17 Series of 2024 Law Enforcement Records Accident Reports – In Person Case Reports Per Copied Page Arrest History / Background Checks Arrest History / Background Checks Per Copied Page Criminal History Report Per Name Search (5 names per person) Extensive Records Search Per Hour Communications Logging / Hour Per Audio CD Case Report/Accident Photos / CD Records Research / Additional Hour Body Worn Camera (BWC) Video Per Case BWC Records Research / Additional Hour Aspen Police Department Alarm User Permit First False Alarm / Year Second False Alarm / Year Third and Fourth False Alarm / Year All Bank Alarms Late Fees Vehicle Inspection Certified VIN Inspection Off-Duty Security/Officer/Hour Notary Fees Dog Vaccination and License Fees Annual Dog Tag Fees Spayed/Neutered Dog Tag Fee Senior Citizen/Active Service Dog Tag Fee Replacement Tag $27 That Section 2.12.050 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Aspen Police Department, is hereby amended to read as follows: Sec. 2.12.050. Aspen Police Department fees $10 $10 $0.25 $35 $35 $27 $10 $0.25 $25 $35 $35 $20 $35 $100 $10 $150 $150 $250 $400 $400 $15 $20 $20 $10 FREE $4 Page 8 of 35 435 ORDINANCE NO. 17 Series of 2024 Encroachment Fees $722 $107 $6,260 $1,000 $1.40 $5.00 $20.00 $20.00 $749 $1,873 $2,301 $1.61 $749 Landscape and Grading Permit See fee schedule See fee schedule See fee schedule $325 Construction Mitigation Review Fee (as applicable) Engineering Development Review Fee Sec. 2.12.051. Engineering Department fees Encroachment License and Application Encroachment Fees (Minor Encroachment < 3 hrs) Vacation Application ($325 / hr for estimated 18 hours) (Code 1971, §2-38; Ord. No. 77-1992, §17; Ord. No. 68-1994, §§9—11; Ord. No. 53-1995, §§6—10; Ord. No. 43-1996, §§5—7; Ord. No. 49-1998, §§6—8; Ord. No. 45-1999, §§6—9, 20; Ord. No. 57-2000, §§5, 12; Ord. No. 47-2002, §2; Ord. No.. 63-2003, §2; Ord. 2-2004, §3; Ord. 38-2004, §1; Ord. No. 49-2005, §1; Ord. No. 48, 2006, §8; Ord. No. 40-2008; Ord. No. 27-2009§7; Ord. No. 29-2010§7; Ord. No. 33-2011; Ord. No. 29- 2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) That Section 2.12.051 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Engineering Department, is hereby amended to read as follows: Permanent Encroachment Fee (per permit) Permanent Encroachment for Earth Retention (per cuft/mo) Right-of-Way Permits (Ord. No. 47-2002, §3; Ord. No. 49-2005, §13; Ord. No. 48, 2006, §9; Ord. No. 52-2007; Ord. No. 40-2008; Ord. No. 27-2009§8; Ord. No. 29-2010§8; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) That Section 2.12.052 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Environmental Health Department, is hereby amended to read as follows: Solely Sidewalk and Pedestrian Improvements Service Lines and Telecom Utility Trenching - Asphalt Paving (may also include flatwork) Main Lines Utility Trenching - (may also include service lines and flatwork) Impacted ROW area greater than 5,000 SF (PSF) Critical Public Infrastructure - Submitted by Utility Provider and not associated with a Building Permit By commercial operations not associated with construction, including contractors and vendors (PSF/mo) Base cost within the core by commercial operations associated with construction, including contractors and vendors (PSF/mo). Fees increase by 20% for first exception granted, 30% increase for second exception granted, 40% increase for every exception granted thereafter. Outside of the core by commercial operations associated with construction including contractors and vendors (PSF/mo) Zoning Hourly Review Fee (as applicable)/hr Parks Development Review Fee (as applicable) Page 9 of 35 436 ORDINANCE NO. 17 Series of 2024 Environmental Health Fees Event Plan Review $30 Event Inspection Fee $70 Swimming Pool Plan Review $79 Environmental Health Fees (continued) Restaurant Site Inspection $82 Food Safety Training $82 Large Childcare $100 Small Childcare $50 Plan review application $100 $580 HACCP plan review – written (not to exceed)$100 HACCP plan review – on-site (not to exceed)$400 Building Permit Review (per hour)$325 Real estate review (not to exceed)$75 Food Service License $0 Limited food service (convenience, other)$270 Restaurant 0-100 Seats $385 Restaurant 101-200 Seats $430 Restaurant Over 200 Seats $465 Grocery store (0 – 15,000 sq. ft.)$195 Grocery store (> 15,000 sq. ft.)$353 Grocery store w/ deli (0 – 15,000 sq. ft.)$375 Grocery store w/ deli (> 15,000 sq. ft.)$715 Mobile Unit (full-service)$385 Mobile Unit (pre-packaged)$270 Oil & Gas (Temporary)$855 Special Event (full-service)$255 Special Event (pre-packaged)$115 Enforcement Fees and Penalties Civil Penalty (4 consecutive or 4/5 inspections that don’t “pass”)$1,000 Sec. 2.12.052. Environmental Health Department fees (Ord. No. 47-2002, §4; Ord. No. 63-2003, §2 Ord. No. 38-2004, §3; Ord. No. 49-2005, §2; Ord. No. 48, 2006, §10; Ord. No. 40-2008; Ord. No. 15-2009; Ord. No. 27-2009§9; Ord. No. 29-2010§9; Ord. 33-2011; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) Free (K-12 school, penal institution, non-profit serving food insecure populations) Plan review & pre-operational inspection (not to exceed) Page 10 of 35 437 ORDINANCE NO. 17 Series of 2024 Rio Grande Plaza Parking Hourly Rate Maximum Daily Fee Validation Stickers / Visit Unlimited Use Monthly Pass Lost Ticket Fee 5-Day Unlimited Access Hotel Pass Special Events Pass / Day Access Replacement Card Commercial Core Pay Parking (between 7:00 AM and 6:00 PM) Hourly Rates (10:00am to 11:00am) High Season Hourly Rates (11:00am to 3:00pm) High Season Hourly Rates (3:00pm to 6:00pm) High Season Hourly Rates (10:00am to 11:00am) Low Season Hourly Rates (11:00am to 3:00pm) Low Season Hourly Rates (3:00pm to 6:00pm) Low Season 30 minutes Single Space Meters (per 15 minutes) Residential Permit Parking Residential Day Pass Space Rental Fee / Day First and Second Permit for Residence and Guest Third Permit for Resident and Guest Lodge Guest Permit (4-days) Business Vehicle Permit High Occupancy Vehicle Permit Electric Vehicles Electric Vehicle Charging Limit - Level 2 Electric Vehicle Charging Limit - Level 3 Electric Vehicle Charging - Level 2 Charger Electric Vehicle Charging - Level 3 Charger Electric Vehicle Daytime Overstay Fees (No overstay fees between 12:00am – 8:00am.) – All EV Chargers / After Applicable Charging Limit Smart Loading Zone per 15 minutes Up to $0.75 per kWH $25.00 $60.00 $6.00 $250.00 $20.00 That Section 2.12.060 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Parking Department, is hereby amended to read as follows: Sec. 2.12.060. Parking fees $2.00 $12.00 $6.00 $1.00 $0.50 $8.00 $20.00 Free $25.00 $4.00 $6.00 $4.00 $2.00 $4.00 $2.00 $3.00 $125.00 Free Free $0.50 Up to $0.30 per kWH 4 hours 2 hours Up to $1/min Page 11 of 35 438 ORDINANCE NO. 17 Series of 2024 Miscellaneous Parking Delivery Vehicle Permit Service Vehicle Construction – Residential / Day Construction – Commercial / Day Expedited Construction Parking Reservation (< 48 hours notice) / Space Reserved Spaces for Approved Activities Handicapped Parking Permit Replacement Tow Truck Cancellation Fee Boot Fee Towing Fee (Tickets / Snow / Farmer's) Towing Fee (72 Hour / Abandoned) Ticket Late Fee Neighborhood Electric Vehicles $40.00 $100.00 $50.00 Free $75.00 $90.00 $100.00 50% of parking rates $100.00 2-Neighborhood electric vehicles (NEV’s) are defined as follows: A low-speed electric vehicle which does not exceed speeds of 20-25 mph. The vehicle must have seat belts, headlights, windshield wipers, safety glass, tail lamps, front and rear turn signals and stop lamps. These vehicles must have a vehicle identification number (VIN) and be state-licensed. NEV’s are only permitted within the City limits and on roads that have speed limits less than 40 mph. 3-High Season includes the months of Jan, Feb, Mar, Jun, Jul, Aug, Sep, and Dec. Low Season includes Apr, May, Oct and Nov. $150.00 $260.00 $300.00 $10.00 Free 1-The residential permit parking program restrictions shall be in effect from 8:00 a.m. until 5:00 p.m., Monday through Friday (official holidays exempted), unless otherwise specified. (Code 1971, §2-39; Ord. No. 36-1994, §1; Ord. No. 68-1994, §12; Ord. No. 53-1995, §20; Ord. No. 43-1996, §17; Ord. No. 49-1998, §9; Ord. No. 45-1999, §9; Ord. No. 57-2000, §5; Ord. No. 4-2002, §1; Ord. No. 47- 2002, §19; Ord. No. 63-2003, §15; Ord. No. 49-2005, §14; Ord. No. 39-2007; Ord. No. 33-2011; Ord. No. 29- 2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No.. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) That Section 2.12.070 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the City Clerk’s Office, is hereby amended to read as follows: Page 12 of 35 439 ORDINANCE NO. 17 Series of 2024 Liquor Licenses Beer Permit (3.2% by Volume) $10 Special Event Permit $25 New License $1,000 Transfer of Location or License $750 Hotel & Restaurant or Tavern including Modest - Renewal Fee $178.75 Beer & Wine including Modest - Renewal Fee $152.50 Retail Liquor Store or Drug Store - Renewal Fee $122.50 Arts or Club-Renewal Fee $115 3.2 Beer-Renewal Fee $103.75 Optional Premises License $50 Temporary Permit $100 Late Renewal Application Fee $500 Tastings Permit $100 Marijuana Licenses Medical or Retail Marijuana Center New License Fee $2,000 Medical & Retail Marijuana Optional Premise Cultivation License $2,000 Medical or Retail Marijuana Infused Products Manufacturers' License $2,000 Medical Marijuana Center Applying for Retail Marijuana Store License $2,000 Medical or Retail Marijuana Transfer of Ownership $750 Medical or Retail Marijuana Change of Location $500 Medical or Retail Marijuana Change of Corporation or LLC Structure $100 Medical or Retail Marijuana Modification of Premises $100 Renewal of Retail or Medical Marijuana License $1,000 Sec. 2.12.080. Parks Department fees Parks Use and Special Event Fees Administration Fee One-Time Park Rental Reoccuring Park Rental Special Event Permit $22 $90 $180 That Section 2.12.080 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Parks Department, is hereby amended to read as follows: Sec. 2.12.070. Liquor and marijuana license application fees (Code 1971, §2-40; Ord. No. 8-1994, §4; Ord. No. 45-1999, §10; Ord. No. 24-2004, §2; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40- 2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17- 2024; Ord. No 17-2024) Page 13 of 35 440 ORDINANCE NO. 17 Series of 2024 Park Rental Fee Base Rate (hourly) Athletic Field Prep (per athletic season) Add-On Fee: Additional Requested Athletic Paint or Prep Fee (per day) Add-On Fee: Commercial Fee (per day) Day Camp Use fee (annual) Special Event Fee (per day) Daily Rate (per park, per day) Commercial Rafting Put-in Fee (per season) Paragliding Fees Landing Zone Fee (Per Year) Paragliding Commercial Landing Fee Flags and Banners Flags on Main Street/Flag Banners on Main Street/Banner Mall Space Leasing Price (PSF) Filming 3-10 People 11-30 People: Still 11-30 People: Video 31-49 People: Still 31-49 People: Video 50 and Over People Tree Fees Standalone Tree Removal Permit And per tree Mitigation Fee Parks Development Fees Encroachment Review Right of Way Review Landscaping/Grading Review (PSF of disturbance) Landscape/Resource Review (PSF of disturbance) Fence Permit Review Roofing Permit Review $18 $18 $5 $45 $25 $768 $150 $50 $10 $46 $32 $100 $300 $2 $180 $155 $255 $360 $360 $460 $870 $210 $60 $100 (Ord. No. 45-1999, §11; Ord. No. 47-2002, §6; Ord. No. 63-2003, §14; Ord. No. 38-2004, §5; Ord. 52-2007; Ord. No. 33-2011; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36- 2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19- 2022; Ord. No 22-2023; Ord. No 17-2024) $0.28 $0.28 $100 Page 14 of 35 441 ORDINANCE NO. 17 Series of 2024 BUILDING PERMIT FEES Total Valuation: $1.00 to $5,000.00 Total Valuation: $5,001.00 to $50,000.00 Total Valuation: $50,001.00 to $100,000.00 Total Valuation: $100,001.00 to $250,000.00 Total Valuation: $250,001.00 to $500,000.00 Total Valuation: $500,001.00 to $1,000,000.00 Total Valuation: $1,000,001.00 to $2,500,000.00 Total Valuation: $2,500,001.00 to $5,000,000.00 Total Valuation: Above $5,000,000 Building Permit Review Fee (per hour) Plan Check Fees (as percent of total building permit outlined above) Energy Code Fee (as percent of total building permit outlined above) Building Permit Fee (as percent of total building permit outlined above) GIS Fee (applicable only if changing building footprint) Renewable Energy Mitigation Payment Use Tax Deposit – City of Aspen Use Tax Deposit – Pitkin County This Section of the Code sets forth building permit fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2025: That Section 2.12.100 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Building and Planning Department, is hereby amended to read as follows: Sec. 2.12.100. Building and Planning $25.00 2.1% of value of materials for projects over $100,000 0.1% of value of materials 50% of sum of $25 + 5.0% of permit valuation over $5,000 75% of sum of $2,275 + 3.5% of permit valuation over $50,000 $4,025 + 2.5% of permit valuation over $100,000 $7,775 + 2.0% of permit valuation over $250,000 $12,775 + 1.75% of permit valuation over $500,000 $21,525 + 1.5% of permit valuation over $1,000,000 $44,025 + 1.25% of permit valuation over $2,500,000 (see details below) $75,275 + 0.75% of permit valuation over $5,000,000 plus 0.5% of permit valuation over $10,000,000 $325.00 65% 15% 100% $500.00 Fees Due Upon Permit Issuance Fees Due Upon Permit Submittal Page 15 of 35 442 ORDINANCE NO. 17 Series of 2024 Residential Exterior Energy Use Snowmelt – includes roof and gutter de-icing systems Outdoor Pool Spa – pkg. or portable spas < 64 sqft are exempt Photovoltaic Systems Solar Hot Water Systems Ground Source Heat Pumps Commercial Exterior Energy Use Snowmelt – includes roof and gutter de-icing systems Outdoor Pool Spa – pkg. or portable spas < 64 sqft are exempt Photovoltaic Systems Solar Hot Water Systems Ground Source Heat Pumps CHANGE ORDER FEES Fees Due Upon Change Order Issuance Change Order Plan Check Fee - Engineering Change Order Plan Check Fee - Parks Change Order Energy Code Review Fee – if applicable Change Order Building Permit Fee (as a percentage of revised permit fee) $34 per square foot divided by boiler efficiency (AFUE) $136 per square foot divided by boiler efficiency (AFUE) $176 per square foot divided by boiler efficiency (AFUE) RENEWABLE ENERGY MITIGATION PAYMENT $6,250 per KWH $224.65 per square foot $1,400 per 10,000 BTU per hr Commercial Onsite Renewable Credits (certain restrictions may apply) Applications for change orders shall cause a revision to the overall project valuation. Fees for the previously submitted permit application shall not be refunded or credited toward change order fees. Not all change orders will require additional fees in each fee category. A change order fee applies each time a change order is submitted. A change order may propose multiple changes, and applicants are encouraged to "bundle" their change order requests to minimize fees. Residential Onsite Renewable Credits (certain restrictions may apply) $6,250 per KWH $125 per square foot $1,400 per 10,000 BTU per hr $60 per square foot divided by boiler efficiency (AFUE) $170 per square foot divided by boiler efficiency (AFUE) $176 per square foot divided by boiler efficiency (AFUE) See Engineering Development, Construction Mitigation Plan, & Erosion Fees within Section. 5% PHASED PERMITTING FEES Applications for Building Permits may be issued in "phases" prior to the entire permit being ready for issuance. For a permit to be issued in phases, all elements of that phase must be reviewed and approved by the Building Department and applicable referral agencies. A Phased Building Permit still requires complete submission of all required documents and information for all phases at initial permit application submission. Issuance of a permit in phases is at the discretion of the Chief Building Official. Fees for phased permit issuance are in addition to fees due for issuance of a complete building permit. $325.00/hr. See Parks Department Fees Sec. 2.12.080 Page 16 of 35 443 ORDINANCE NO. 17 Series of 2024 Fees Due at Issuance of Phase 1 Permit: Building Permit Review Phasing Fee Zoning Review Phasing Fee Construction Mitigation Phasing Fee Engineering Development Review Phasing Fee Parks Phasing Fee Utilities Development Review Phasing Fee SPECIAL SERVICES FEES Inspection Fee Outside of Normal Business Hrs. (per hour, min. 2 hrs.) Re-inspection Fee (per inspection) Special Inspections Fee for Unspecified Inspection Type (per hour, min. 1 hr) Building Permit Extension Fee – per Occurrence REPAIR FEES Permit Fee Plan Review Fee Zoning Review Fee Construction Mitigation Review Fee Engineering Review Parks Review Fee RE-ROOFING AND ROOFING FEE Permit Fee Plan Review Fee Zoning Review Fee Construction Mitigation Review Fee Parks Review Permit Fee Plan Review Fee Construction Mitigation Fee TEMPORARY STRUCTURE Permit Fee Plan Review Fee Parks Review Fee Fire Department Review Fee 35% of Building Permit Fee 10% of Zoning Review Fee 50% of Construction Mitigation Fee 10% of Engineering Fee 10% of Parks Review Fee 10% of Utilities Review Fee $325.00/hr. $325.00/hr. See Construction Mitigation Fees within Section 10% of Engineering Review Fee See Parks Department Fees Sec. 2.12.080 $325.00/hr. $325.00/hr. $325.00/hr. 7.5% of Building Fee Permit ($5,000 maximum per extension) $25.00 $25.00 (minimum) $325.00/hr. (1 hr. minimum) See Construction Mitigation Fees within Section $25.00 $325.00/hr. (1 hr. minimum) See Parks Department Fees Sec. 2.12.080 $25.00 $25.00/100 sqft of roofing $325.00/hr. See Construction Mitigation Fees within Section See Parks Department Fees Sec. 2.12.080 INTERIOR FINISH & FIXTURE REMOVAL FEE $100.00 Page 17 of 35 444 ORDINANCE NO. 17 Series of 2024 CERTIFICATE OF OCCUPANCY Permanent Certificate Temporary Certificate per Occurrence (max $5,000 ea.) Stop Work Order or Correction Notice – 1st Infraction Stop Work Order or Correction Notice – 2nd Infraction Stop Work Order or Correction Notice – 3rd Infraction (license subject to suspension or revocation) Project Valuation < = $5,000 Project Valuation > $5,000 FEE WAIVERS FOR NON-PROFIT ORGANIZATIONS 2 Times Permit Valuation Fee 4 Times Permit Valuation Fee 8 Times Permit Valuation Fee The Chief Building Official may from time to time implement lower fees to encourage certain types of building improvements as directed by the City Council or City Manager. Example programs may include energy efficiency improvements, accessibility improvements and the like. Special fees shall not exceed those otherwise required. Notwithstanding the building permit fee schedule, City Council may authorize a reduction or waiver of building permit fees, engineering review fees, or construction mitigation fees as deemed appropriate. The Community Development Director shall waive building permit fees for General Fund Departments of the City of Aspen consistent with City policy. The Community Development Director may reduce building permit review fees by no more than 50% for projects with a fee significantly disproportionate to the service requirements. The City may not waive or reduce fees collected on behalf of a separate government agency. The City may not reduce or waive a tax. Included in Building Permit Fee 7.5% of Building Permit Fee Projects that had a Land Use review cannot submit for a building permit until all invoices related to the Land Use review have been paid in full. Additional penalties, pursuant to Municipal Code Section 26.104.070, Land Use Application Fees, also may be applicable. For violations of the adopted building codes other than a stop work order or correction notice, the Chief Building Official may issue a Municipal Court citation. Fees, fines, and penalties by citation for violations of the Building Code shall be established by the Municipal Court Judge according to the scope and duration of the offense. Penalties may include: revocation of Contractor License(s); prohibition of any work on the property for a period of time; recovery of costs to the public for any required remediation of the site; additional Building Permit Review Fees; fees to recover administrative costs required by City staff to address the violation; and, other fees, fines, and penalties or assessments as assigned by the Municipal Court Judge. No Certificate of Occupancy shall be issued until all fees have been paid in full. Violations of this policy are subject to fines. ENFORCEMENT FEES AND PENALTIES COMMUNITY PURPOSE DISCOUNT PROGRAMS Applications submitted for Building Permits by nonprofit organizations (as determined by their 501(c)3 status and those organizations that do not have a tax base) are eligible to have planning/building permit fees waived based on the following schedule: 100% Fee Waiver 50% Fee Waiver of Fees for Project Valuations between $5,000 and $250,000 Building Plan Check, Energy Code, Permit Fees, Engineering, Parks and Utilities Review Fees: Fee waivers shall not exceed a combined value of $15,000 for a single project per twelve consecutive month period. All other applicable utilities fees are not subject to this waiver, including but not limited to: investment charge, connection permit, tap fees, hook-up charges, service fees, and electric extension costs. Page 18 of 35 445 ORDINANCE NO. 17 Series of 2024 Category of Work % of Building Permit Fee Charged Length of City Agreement Minor interior upgrade (e.g., paint, carpet, light fixtures) 25% 5 years Minor exterior upgrade (e.g., new windows, new paint/exterior materials)25% 5 years Major interior upgrade A (e.g., remodel units, including bathrooms)50% 10 years Major interior upgrade B (e.g., remodel common areas and any kitchen/food service facilities)50% 10 years Redevelopment or Major Expansion 75% 20 years Engineering Development Fees 200 – 500 SF 501 – 1000 SF Above 1000 SF (PSF) Change Order PSF Construction Mitigation Fees Engineering Construction Mitigation (PSF) Interior Finish & Fixture Removal Roof Repair Repair, other Change Order PSF FEE WAIVERS FOR AFFORDABLE HOUSING PROJECTS This Section of the Code sets forth engineering review fees for the City Engineering Department, and shall be applied to applications submitted on or after January 1, 2025: $749 $1,445 $1.71 $0.48 Plan Check fees are not refundable for expired or cancelled permits. Impact mitigation fees for un-built projects (construction not started) shall be refunded 100%. Building permit and impact fees for partially constructed projects are not refundable. Expired or cancelled permits are not renewable. Projects with expired or cancelled permits must reapply for building permits and pay all applicable fees. Projects with expired or cancelled permits that have previously paid impact fees need only pay (or be refunded) the difference in impact fees when applying for a new permit. Applications submitted for new projects that are 100 percent affordable housing are eligible for a 100 percent fee waiver for Building, Engineering, Parks, Zoning, and Utility Plan Review fees; Construction Mitigation Plan Review; Aspen Energy Code Payment; Building Permit Fee; and GIS Fee; excluding fees levied by jurisdictions other than the City of Aspen. This fee waiver shall be limited to new projects, and does not apply to existing individual affordable housing units that may be seeking a remodel, expansion, etc. EXPIRED or CANCELLED PERMITS and REFUNDS SMALL LODGE PROGRAM Applications for Building Permits for Small Lodges, as defined in Ordinance 15, Series 2015, are eligible for reduced building permit review fees based on the following schedule. To be eligible for the discount, all lodges must enter into an agreement with the City stating that the property will remain a lodge for a minimum number of years, and that if the use changes during that time period, the property shall owe the City 100% of the building permit fees. The reductions shall apply to Plan Check, Energy Code, Zoning Review, Engineering Review, CMP, and Building Permit fees. $0.54 $642 $321 $321 $0.32 Page 19 of 35 446 ORDINANCE NO. 17 Series of 2024 Erosion Fees Erosion and Sediment Fee (PSF) Change Order PSF Engineering Land Use Review Administrative, Minor Non-NOA Administrative, Major NOA Board Review, Minor Board Review, Major Planned Development & Other Complex Cases RESIDENTIAL ELECTRICAL FEES Living area not more than 1,000 square feet Living area 1,001 to 1,500 square feet Living area 1,501 to 2,000 square feet Living area over 2,000 square feet Other Electrical Installation Fees Installation Permit on Projects Valuing Less than $2,000 Installation Permit on Projects Valuing $2,000 or More Re-Inspections Extra Inspections Photovoltaic Generation System (Valuation based on cost to customer of labor, materials, & items) Residential: Valuation not more than $2,000 Residential: Valuation $2,001 and above Commercial: Valuation not more than $2,000 Commercial: Valuation $2,001 and above Fee is based on the enclosed living area only, includes construction of, or remodeling or addition to a single- family home, duplex, condominium, or townhouse.If not wiring any portion of the above listed structures, and are only changing or providing a service, see “Other Electrical Installation Fees” below. $155.00 $233.00 $310.00 $310.00 + $16.00 per 100 sqft over 2,000 Including some residential installations that are not based on square footage (not in a living area, i.e., garage, shop, and photovoltaic, etc.). Fees in this section are calculated from the total cost to customer, including electrical materials, items and labor - whether provided by the contractor or the property owner. Use this chart for a service connection, a temporary meter, and all commercial installations. Fifty percent of the construction mitigation fee will be collected at permit submission; the remaining fifty percent upon permit issuance. Fees are not triggered unless a Construction Mitigation Review is performed. Triggers for the Construction Mitigation Review are located in the Construction Mitigation Plan requirements. This Section of the Code sets forth electrical permit fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2025: $0.43 $0.21 $1,338 $2,140 $1,605 $5,350 $16,050 $115.00 plus $11.50 per thousand or fraction thereof (max $500) $115.00 $115.00 $115.00 plus $11.50 per thousand or fraction thereof (max $1,000) $155.00 $155.00 + $16.00 per thousand dollars (rounded up) $77.50 $77.50 Page 20 of 35 447 ORDINANCE NO. 17 Series of 2024 Mechanical Permit (per unit) Supplemental Permit for which the original has not expired, been canceled or finalized (per unit) Forced-air or gravity-type furnace or burner, including attached ducts and vents; floor furnace, including vent; suspended heater; recessed wall heater or floor-mounted unit heater (per unit) Each appliance vent installed and not included in an appliance permit Each refrigeration unit, cooling unit, absorption unit or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code Each boiler or compressor to and including 3 horsepower (10.6 kW) or each absorption system to and including 100,000 Btu/h (29.3 kW) Each boiler or compressor over 3 horsepower (10.6 kW) to and including 15 horsepower (52.7 kW) or each absorption system over 100,000 Btu/h (29.3 kW) to and including 500,000 Btu/h (293.1 kW) Each boiler or compressor over 15 horsepower (52.7 kW) to and including 30 horsepower (105.5 kW) or each absorption system over 500,000 Btu/h (146.6 kW) to and including 1,000,000 Btu/h (293.1 kW) Each boiler or compressor over 30 horsepower (105.5 kW) to and including 50 horsepower (176 kW) or each absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000 Btu/h (512.9 kW) Each boiler or compressor over 50 horsepower (176 kW) or each absorption system over 1,750,000 Btu/h (512.9 kW) Each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4,719 L/s), including ducts attached thereto Each air-handling unit over 10,000 cfm (4,719 L/s) This Section of the Code sets forth mechanical permit fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2025: Cooling Systems Boilers, Compressors and Absorption Systems (installation or relocation) $33.16 $66.31 $66.31 Appliance Vents (installation, relocation or replacement) $33.16 MECHANICAL PERMIT FEES $66.31 $26.53 UNIT FEE SCHEDULE Furnaces (installation or relocation) $66.31 $331.56 Air Handlers Fee does not apply to units included with a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code. $33.16 $132.63 $176.83 $265.25 Page 21 of 35 448 ORDINANCE NO. 17 Series of 2024 Each evaporative cooler other than portable type Each ventilation fan connected to a single duct Each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit Each hood which is served by the mechanical exhaust, including the ducts for such hood Each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories or for which no other fee is listed in the table Hourly inspection fee outside of normal business hrs (min. 2 hrs) Re-inspection fees assessed under Section 305.8 (per inspection) Hourly inspections fee for unspecified inspection type(min. 1 hr) Hourly fee for additional plan review required by changes, additions or revisions to plans or plans for which an initial review has been completed Plumbing Permit (per issuance) Each supplemental permit for which the original has not expired, been canceled or finalized Each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection) For repair or alteration of drainage or vent piping, each fixture Each building sewer and each trailer park sewer Each industrial waste pretreatment interceptor, including its trap and vent, excepting kitchen-type grease interceptors functioning as traps Rainwater systems, per drain (inside buildings) Evaporative Coolers $33.16 Ventilation and Exhaust $325.00 $325.00 $325.00 $325.00 Miscellaneous Other Mechanical Inspections Fees $26.53 $33.16 $33.16 $33.16 $26.53 $13.26 Sewers, Disposal Systems and Interceptors $265.25 This Section of the Code sets forth plumbing permit fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2025: PLUMBING PERMIT FEES $66.31 $26.53 UNIT FEE SCHEDULE Fixtures and Vents $66.31 $33.16 Page 22 of 35 449 ORDINANCE NO. 17 Series of 2024 For installation, alteration or repair of water piping or water-treating equipment or both, each For each water heater, including vent Each gas piping system of one to five outlets Each additional outlet over five, each Each lawn sprinkler system on any one meter, including backflow protection devices thereof 1 to 5 devices Over 5 devices, each 2 inches (50.88 mm) and smaller Over 2 inches (50.8 mm) Each public pool Each public spa Each private pool Each private spa Each appliance or piece of equipment regulated by the Plumbing Code but not classed in other appliance categories or for which no other fee is listed in this code Hourly inspection fee outside of normal business hrs. (min. 2 hrs) Re-inspection fees – inspections required after a failed inspection (per inspection) Hourly inspections fee for unspecified inspection type (min. 1 hr) Hourly fee for additional plan review required by changes, additions or revisions to plans or plans for which an initial review has been completed Unlimited Commercial Light Commercial Homebuilder This Section of the Code sets forth licensing fees for the City Community Development Department, and shall be applied to applications submitted on or after January 1, 2025: $33.16 Gas Piping Systems $13.26 $6.63 $33.16 $53.05 Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices $26.53 $26.53 For atmospheric-type vacuum breakers or backflow protection devices not included in Fixtures and Vents: Water Piping and Water Heaters $26.53 $6.63 Each backflow-protection device other than atmospheric-type vacuum breakers: $325.00 $325.00 $325.00 Miscellaneous $33.16 Other Plumbing Inspection Fees $325.00 Swimming Pools $1,591.50 $795.75 $530.50 $265.25 General Contractor Licenses (3-year term) $450 $450 $450 $450 Page 23 of 35 450 ORDINANCE NO. 17 Series of 2024 Alteration and Maintenance Drywaller Fire Resistive Construction & Penetrations Excavation Insulation / Energy Efficiency Mechanical Contractor Radon Mitigation Roofing Solid Fuel and Gas Appliance Temporary Contractor Tent Installer Concrete Low Voltage Masonry Fire Alarm System Installer Fire Sprinkler System Installer FEES Application Monthly Membership Hourly Usage Per Mile Usage Fixed daily Rate No Reservation Fee Emergency Cleaning (per hour, plus cleaning costs) Missing/Incorrect Trip Ticket/Reservation NSF Check Lost Key Fee Late Return Fee (per hour, plus applicable taxi fees) Low Fuel Fee (plus applicable taxi fees) CREDITS Inconvenience Credit (per hour, plus applicable taxi fees) Referral Refuel / Wash Specialty Contractor Licenses (3-year terms) That Section 2.12.130 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Car-to-Go Carshare Program, is hereby amended to read as follows: $10.00 $4 - $6 $142 $142 $142 $142 $142 $142 $142 $142 (Ord. No. 63-2003, §7; Ord. No. 38-2004, §6; Ord. No. 49-2005, §8; Ord. No. 48, 2006, §12; Ord. No. 3-2011, §1; Ord. No. 29-2012; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32- 2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) $25.00 $142 $142 $142 $142 $142 $142 $142 $30 - $50 $50.00 $50.00 $30 - $50 $30 - $50 $30 - $50 $30 - $50 $0.40 - $0.60 $70 - $90 Sec. 2.12.130. Car-To-Go Carshare Program fees $30 - $50 $25.00 $4 / $6 Page 24 of 35 451 ORDINANCE NO. 17 Series of 2024 Sec. 2.12.140. Stormwater fees Fee-in-Lieu of Detention Fee (per cubic foot of detention req.) Monthly Recurring Charge Non-Recurring Charge High-Speed Dedicated Internet Access (DIA)* 100 Mpbs/100 Mpbs Upload/Download $368.00 $250.00 200 Mpbs/200 Mpbs Upload/Download $525.00 $250.00 500 Mpbs/500 Mpbs Upload/Download $788.00 $250.00 1 Gbps/1 Gbps Upload/Download $1,575.00 $250.00 That Section 2.12.140 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Stormwater Department, is hereby amended to read as follows: (Ord. No. 29-2012; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40- 2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17- 2024) $78.78 (a) The fee is based on 100 percent of the estimated cost of constructing a detention facility on-site. The City Engineer at his/her sole discretion may require a certified cost estimate for construction of detention meeting the standards contained in the Urban Runoff Management Plan (Manual) established in Sec 28.02.010 and may accept at his/her sole discretion this amount to be paid in-lieu-of detention. (b) Required detention storage shall be calculated at the rate of 6.20 cubic feet per 100 square feet of impervious area. The City Engineer at his/her sole discretion may require a certified storage volume estimate for construction of detention meeting the standards contained in the Urban Runoff Management Plan (Manual) established in Sec 28.02.010 and may accept at his/her sole discretion this amount to be used for detention volume storage requirements. (Ord. No. 40-2008; Ord. No. 27-2009§11; Ord. No. 29-2010§11; Ord. No. 15-2011§2; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) That Section 2.12.150 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Community Broadband, is hereby amended to read as follows: Sec. 2.12.150. Community Broadband (Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) *1. Assumes fiber pair available to location 2. Internet service includes 1 dynamic IP address 3. Higher bandwidth and different services may be available on a customized basis 4. Flexibility at discretion of Aspen City Manager Page 25 of 35 452 ORDINANCE NO. 17 Series of 2024 That Section 26.104.070 of the Municipal Code of the City of Aspen, Colorado, which section sets forth land use application fees, is hereby amended to read as follows: The Community Development Director shall bill applicants for any incidental costs of reviewing an application at direct costs, with no administrative or processing charge. Planning Review: Deposit and Billing Administration This Section of the code sets forth certain fees related to planning and historic preservation as follows, applicable to applications submitted on or after January 1, 2025: Sec. 26.104.070. Land Use Application Fees The Community Development Department staff shall keep an accurate record of the actual time required for the processing of each land use application and additional billings shall be made commensurate with the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time than is covered by the deposit. In the event the processing of an application by the Community Development Department takes less time than provided for by the deposit, the Department shall refund the unused portion of the deposited fee. The Community Development Director shall establish appropriate guidelines for the regular issuance of invoices and collection of amounts due. The Community Development Director shall establish appropriate guidelines for the collection of past due invoices, as required, which may include any of the following: 1) assessment of additional late fees for accounts at least 90 days past due in an amount not to exceed 1.75% per month, 2) stopping application processing, 3) reviewing past-due accounts with City Council, 4) withholding the issuance of a Development Order, 5) withholding the recordation of development documents, 6) prohibiting the acceptance of building permits for the subject property, 7) ceasing building permit processing, 8) revoking an issued building permit, 9) implementing other penalties, assessments, fines, or actions as may be assigned by the Municipal Court Judge. Flat fees for the processing of applications shall be cumulative. Applications for more than one land use review requiring an hourly deposit on planning time shall require submission of the larger deposit amount. Land use review fee deposits may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. Review fees for projects requiring conceptual or project review, final or detail review, and recordation of approval documents. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual/project, final/detail, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual/project approval all billing shall be reconciled, and all past due invoices shall be paid prior to the Director accepting an application for final/detail review. Final/detail review shall require a new deposit at the rate in effect at the time of final application submission. Upon final/detail approval, all billing shall again be reconciled prior to the Director accepting an application for review of recordation documents. Notwithstanding the planning review fee schedule, the Community Development Director shall waive planning review fees for General Fund Departments of the City of Aspen consistent with City policy. Notwithstanding the planning review fee schedule, City Council may authorize a reduction or waiver of planning review fees as deemed appropriate. Page 26 of 35 453 ORDINANCE NO. 17 Series of 2024 Total Fees < $2,500 Total Fees $2,500 - $10,000 Pre-Application / Pre-Permit Meetings Call-in / Walk-in Development Questions GMQS – SF or Dx on Historic Landmark Historic Designation Historic Preservation – Exempt Development Historic Preservation – Minor Amendment, HPO Review Historic Preservation – Minor Amendment, Monitor Review Development Order Publication Fee First Residential Design Compliance Review GMQS – Temporary Food Vending Code Interpretation – Formal IssuanceHistoric Preservation – Certification of No Negative EffectTemporary Use – Admin. GMQS – SF or Dx Replacement, Cash-in-Lieu GMQS – SF or Dx Replacement, Admin. GMQS – Change-in-Use for Historic Landmark GMQS – Minor Enlargement for Historic Landmark GMQS – Alley Store GMQS – Exemption from MF Housing Replacement Residential Design Compliance Review (after 1st free) Residential Design Variance, Admin. GMQS – Minor Enlargement, Non-Historic Free Free Free Free Free Applications submitted for new projects that are 100 percent affordable housing are eligible for a 100 percent fee waiver of Planning Review fees. Free Services Free Free Free Free $325 $325 $325 Applicant meetings with a Planner to discuss prospective planning applications or prospective building permit applications are a free service and staff time is not charged to the applicant. However, this service is limited to the time reasonably necessary for understanding a project's requirements, review procedures, City regulations, etc. An applicant shall be billed for any pre-application or pre-permit staff time significantly in excess of that which is reasonably necessary. Billing will be at the Planning hourly billing rate. The applicant will be notified prior to any billing for pre-application or pre-permit service. Planning Review – Administrative, Flat Fees $81 $81 $81 $163 $325 $325 $325 $163 $325 $650 Fee waivers shall not exceed a combined value of $6,250 for a single project per organization over a twelve consecutive month period. Notwithstanding the planning review fee schedule, City Council may authorize a reduction or waiver of planning review fees as deemed appropriate. 100% Waiver 50% Waiver Fee Waivers for Affordable Housing Projects Fee Waivers for Non-Profit Organizations Applications submitted for Land Use/Historic Preservation reviews by nonprofit organizations, (as determined by their 501(c)3 status and those organizations that do not have a tax base) are eligible to have planning review fees waived based on the following schedule: Page 27 of 35 454 ORDINANCE NO. 17 Series of 2024 Review of Administrative Subdivisions, Condominium Plats, or Amendments (Includes City Attorney and other referral departments’ time at same hourly rate; City Engineer review time billed at rate specified below) Recordation Documents Review - Subdivision plats, Subdivision exemption plats (except condominiums), PD plans, development agreements, subdivision agreements, PD agreements, or amendments to recorded documents (Includes City Attorney and other referral departments’ time at same hourly rate; City Engineer review time billed at rate specified below) Administrative wireless telecommunication review Admin. Condominium or Special Review Admin. ESA or ESA Exemption Admin. Subdivision – Lot Line Adjustment Admin. PD Amendments Admin. Commercial Design Review Amendment Additional Hours – If necessary (per hour) Engineering Review Fee (billed with Planning Case) Hourly Aspen / Pitkin County Housing Authority (billed with Planning Case) City Parks Department, Flat Fee City Environmental Health Department, Flat Fee Historic Preservation – Minor Development Historic Preservation – Major Development up to 1,000 sq. ft. Temporary Use, City Council Vested Rights Extension, City Council Appeals of Administrative or Board Decisions Historic Preservation – Major Development over 1,000 sq. ft. Historic Preservation – Demolitions and Off-Site Relocations Historic Preservation – Substantial Amendment Board of Adjustment Variance Timeshare -- P&Z Review Growth Management (includes AH certification), Conditional Use Special Review (includes ADU @ P&Z), Environmentally Sensitive Area Review, Residential Design Variance – P&Z Minor Subdivision – Lot Split, Historical Lot Split $975.00 (3-hour deposit) $1,300.00 (4-hour deposit) $325 Planning Review – Administrative, Hourly Fees If review process takes less time than the number of hours listed below, refunds will be made to applicants for unused hours purchased within initial deposits. $650.00 (2-hour deposit) $975.00 (3-hour deposit) $3,250.00 (10-hour deposit) Planning Review: One-Step Hourly Fee $1,300.00 (4-hour deposit) $1,950.00 (6-hour deposit) Referral Agency Fees: Administrative, If Applicable See Engineering Land Use Review in Sec 2.12.100 $325 $650 $650 Page 28 of 35 455 ORDINANCE NO. 17 Series of 2024 PD Amendment – P&Z Only SPA Amendment, P&Z Only Commercial Design Review, Conceptual or Final Growth Management, Major P&Z or City Council Subdivision “Other” Review – City Council Only Additional Hours – If necessary (per hour) Engineering Review Fee (billed with Planning Case) Hourly Aspen / Pitkin County Housing Authority (billed with Planning Case) City Parks Department, Flat Fee City Environmental Health Department, Flat Fee Major Subdivision Review Land Use Code Amendment Rezoning or Initial Zoning (Annexations) Additional Hours – If necessary (per hour) Engineering Review Fee Hourly Aspen / Pitkin County Housing Authority (billed with Planning Case) City Parks Department, Flat Fee City Environmental Health Department, Flat Fee Planned Development or PD Substantial Amendment Additional Hours – If necessary (per hour) Engineering Review Fee (billed with Planning Case) Hourly Aspen / Pitkin County Housing Authority (billed with Planning Case) City Parks Department, Flat Fee City Environmental Health Department, Flat Fee Hourly fee for any additional plan review for which no other specific fee has been established $4,450 $325 Planning Review: One-Step Hourly Fee (continued) $1,300 $1,300 $325 See Engineering Land Use Review in Sec 2.12.100 Planning Review: Two-Step Hourly Fee $7,800.00 (24-hour deposit) $325 Referral Agency Fees: Two-Step Review, If Applicable Referral Agency Fees: One-Step Review, If Applicable See Engineering Land Use Review in Sec 2.12.100 $325 $975 $975 Planning Review: Public Project Review or Joint Applicant Applications for the City's Public Project process shall be assessed land use review fees and/or a portion of joint planning costs as determined appropriate by City Council. If no such determination is made, the application shall be billed as a PD. Planning Review: Other $325 (Ord. No. 57-2000, §9; Ord. No. 47-2002, §8; Ord. No. 63-2003, §4; Ord. No. 38-2004, §7; Ord. No. 49-2005, §9; Ord. No. 48, 2006, §13; Ord. 52-2007; Ord. No.4 - 2011, §2; Ord. No. 29-2012; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022; Ord. No 22-2023; Ord. No 17-2024) See Engineering Land Use Review in Sec 2.12.100 $325 $1,625 $1,625 Planning Review: PD Hourly Fee $10,400.00 (32-hour deposit) $325 Referral Agency Fees: PD Reviews, If Applicable Page 29 of 35 456 ORDINANCE NO. 17 Series of 2024 Zoning Permit Fee of $500 or More Hourly Zoning Review Fee Expedited Zoning Review Fee – services subject to authorization by Community Development Director and subject to department workload, staffing and effects on other projects Change Order Fees: For changes not requiring a new measurement of floor area, height, net leasable, or net livable space Change Order Fees: For changes requiring a new measurement of floor area, height, net leasable, or net livable space Sec. 26.104.072. Zoning Review fees Zoning review fees shall apply to all development requiring a building permit and all development not requiring a building permit, but which requires review by the Community Development Department. The fee covers the Zoning Officer's review of a permit, including any correspondence with the case planner, Historic Preservation Officer, the Department’s Deputy Director or Director, or other City staff. A permit or a change order to a permit that requires a floor area, height, net leasable, or net livable measurement by the Zoning Officer shall be considered a Major permit. Official confirmation of existing conditions of a property that requires measurement of floor area, height, net leasable area, or net livable area of a structure, prior to demolition or for other purposes also shall be considered a Major permit. All other permits are considered minor permits. For the purposes of zoning fees, the square footage used to calculate the fee shall be the greater of the gross square footage affected by the permit or the gross square footage that must be measured to review the permit. All change orders to a permit require additional fees. For projects with multiple uses, the zoning review fee for each individual use shall be calculated based on the gross square footage of the use and added to determine the total project fee. Zoning review fees for major permits for properties within a Planned Development shall be 125% of the fee schedule. This Section of the code sets forth certain fees related to zoning as follows, applicable to applications submitted on or after January 1, 2025: That Section 26.104.072 of the Municipal Code of the City of Aspen, Colorado, which section sets forth zoning review fees, is hereby amended to read as follows: Special Services – Zoning Review $325.00 Double applicable zoning review fee Minor Zoning Fee Zoning referral fees - for official zoning comments on a planning application - shall be according to the fees policy for planning review. Notwithstanding the zoning review fee schedule, the Community Development Director shall waive zoning review fees for General Fund Departments of the City of Aspen consistent with City policy. Notwithstanding the zoning review fee schedule, City Council may authorize a reduction or waiver of zoning review fees as deemed appropriate. Fees Due at Permit Submittal 50% of Zoning Permit Fee Major Zoning Fee Change orders for projects within a PD shall be assessed 125% of the fee schedule. Page 30 of 35 457 ORDINANCE NO. 17 Series of 2024 Business License Approval – Zoning (other fees may be required by City Finance) Vacation Rental Permit – Zoning (other fees may be required by City Finance) Special Review or Inspection Hourly Fee – Zoning (when no fee is otherwise established, 1 hour minimum) Certificate of Occupancy or Final Inspection Fee – Zoning Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Major Zoning Fee – requires measurement or confirmation of existing conditions Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet - Projects up to $5,000 in total valuation - Projects Over $5,000 in total valuation: Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Up to 500 square feet (minimum $325.00) 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Demolition Zoning Review Fees Minor Zoning Fee – does not require measurement or confirmation of existing conditions $65.00 $163.00 Free $325.00 Included in Zoning Review Fee Applicant meetings with the Zoning Officer to discuss prospective planning applications or prospective building permit applications are a free service and staff time is not charged to the applicant. However, this service is limited to the time reasonably necessary for understanding a project's requirements, review procedures, City regulations, etc. An applicant shall be billed for any pre-application or pre-permit staff time significantly in excess of that which is reasonably necessary. Billing will be at the Zoning hourly billing rate. The applicant will be notified prior to any billing for pre-application or pre-permit service. Free Exterior Repair Zoning Review Fees Applies to residential, commercial, lodging, arts/cultural/civic, or institutional exterior repair work requiring a building permit or review by the Historic Preservation Officer. Based on wall area or roof area being repaired. (Excludes signs and awnings.) $33.00 $65.00 $163.00 $325.00 $244.00 $325.00 Major fee according to specified land use $1.30 / SF $1.40 / SF $1.55 / SF $1.70 / SF Residential Zoning Review Fees Applies to single-family, duplex, accessory dwelling units, carriage houses, multi-family, and residential units in a mixed-use building. $325.00 $650.00 $975.00 $1,300.00 Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change Order Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order $33.00 Page 31 of 35 458 ORDINANCE NO. 17 Series of 2024 Major residential permits within a PD shall be 125% of the above fee schedule. Page 32 of 35 459 ORDINANCE NO. 17 Series of 2024 - Projects up to $5,000 in total valuation Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Up to 500 square feet (minimum $325.00) 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet - Projects up to $5,000 in total valuation - Projects Over $5,000 in total valuation: Up to 500 square feet 501 to 2,500 square feet 2,501 to 5,000 square feet Over 5,000 square feet Up to 5,000 square feet (minimum $325.00) Over 5,000 square feet - Projects up to $5,000 in total valuation - Projects Over $5,000 in total valuation: Up to 1,000 square feet 1,001 to 5,000 square feet 5,001 to 10,000 square feet Over 10,000 square feet Up to 5,000 square feet (minimum $325.00) Over 5,000 square feet Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change Order $325.00 $650.00 $975.00 $1,300.00 Major Arts/Cultural/Civic/Institutional permits within a PD shall be 125% of the above fee schedule. $0.51 / SF $0.62 / SF Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order Lodging Zoning Review Fees $33.00 $325.00 $650.00 $33.00 Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order Arts/Cultural/Civic/Institutional Zoning Review Fees Major lodging permits within a PD shall be 125% of the above fee schedule. $975.00 $1,300.00 $0.51 / SF $0.62 / SF Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change Order Applies to commercial projects and commercial portions of a mixed-use project $1,300.00 $975.00 $650.00 $325.00 Major commercial permits within a PD shall be 125% of the above fee schedule. Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change Order $1.30 / SF $1.40 / SF $1.55 / SF $1.70 / SF Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order - Projects Over $5,000 in total valuation: $33.00 Commercial Zoning Review Fees Page 33 of 35 460 ORDINANCE NO. 17 Series of 2024 Individual Sign Permit Fee (per sign) Multiple Sign Permit Fee (per business, unlimited signs) Sandwich Board Sign License (must be renewed annually) Outdoor Merchandising on Public Property 0 to 4 SF 4 to 50 SF More than 50 SF Awnings require a Building Permit Individual Banner Installation Fee Double Banner Installation Fee Light Pole Banner Installation Fee (per pole) Single Family and Duplex Residential All Other Uses Single Family and Duplex Residential All Other Uses First Infraction (minimum of $325) Second Infraction (minimum of $650) Third Infraction (minimum of $975) First Infraction (minimum of $500) Second Infraction (minimum of $500) Third Infraction (minimum of $500; subject to additional penalties by citation as assigned by the Municipal Judge) Two Times Zoning Review Fee Four Times Zoning Review Fee Enforcement Fees, Fines, and Penalties No certificate of occupancy or temporary certificate of occupancy shall be issued until all fees have been paid in full. Failure to pay applicable fees is subject to fines, penalties, or assessments as assigned by the Municipal Court Judge. Non-Permitted Work Fee Work done without a zoning approval (when one is required), without a building permit (when one is required), or work done counter to an issued zoning approval is subject to this enforcement fee. Non-permitted work fee is per infraction and per project. Additional hourly fees may be applicable to account for staff time. No other action on the project may occur until non-permitted work issue has been rectified to the satisfaction of the Community Development Director. Any correction requiring a building permit or zoning application shall also be subject to the Correction Order Fees described below. Hourly fee for staff time in excess of one hour Hourly fee for staff time in excess of one hour Eight Times Zoning Review Fee $67.00 $165.00 Fence– Zoning Review Fee $20.00 $65.00 $163.00 Combined Zoning and Building Review Fee Wildlife Resistant Trash and Recycling Enclosures – This fee shall apply to any work required to correct a zoning violation or to permit work that has been accomplished without a permit or not covered by an issued permit. Infractions are per project. For any correction requiring a planning review, the planning review fees shall be increased according to the below schedule. Hourly fee for staff time in excess of one hour Correction Order Fee $65.00 $163.00 Sandwich board locations must be approved by Zoning Officer. $65.00 $163.00 Free Outdoor merchandise location must be approved by the Zoning Officer. $163.00 $65.00 Free Refer to Building Permit Fee Schedule Signs/Awnings/Outdoor Merchandising – Zoning Review Fees Page 34 of 35 461 ORDINANCE NO. 17 Series of 2024 Torre, Mayor ATTEST: Nicole Henning, City Clerk Torre, Mayor ATTEST: Nicole Henning, City Clerk FINALLY adopted, passed and approved this 19th day of November 2024. A public hearing on the ordinance shall be held on the 19th day of November, 2024, in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 12th day of November, 2024. Fees, fines, and penalties by citation for violations of the Land Use Code shall be established by the Municipal Court Judge according to the scope and duration of the offense. Zoning Enforcement Fee may include an assessment for administrative time required by the Zoning Officer to address the violation. Municipal Court Enforcement - Zoning Page 35 of 35 462 Fee Ordinance Changes Summary 2024 2024 2025 2025 YOY Variance YOY Variance Early Season Regular Season Early Season Regular Season Early Season Regular Season Greens Fees / Passes Platinum $3,250 $3,250 $3,400 $3,400 4.62% 4.62% Gold $1,600 $1,600 $1,700 $1,700 6.25% 6.25% Silver $1,050 $1,050 $1,100 $1,100 4.76% 4.76% Punch Pass $850 $850 $900 $900 5.88% 5.88% Junior $235 $235 $250 $250 6.38% 6.38% Twilight $700 $700 $735 $735 5.00% 5.00% College Pass $500 $500 $525 $525 5.00% 5.00% N/A $43 N/A $45 N/A 4.65% Show ID)N/A $79 N/A $85 N/A 7.59% Military Rate (Must Show Proper ID)N/A $95 N/A $100 N/A 5.26% N/A $225 N/A $250 N/A 11.11% N/A $55 N/A $60 N/A 9.09% N/A $95 N/A $100 N/A 5.26% Tournament/Group Booking Rate (per person)N/A $325 N/A $350 N/A 7.69% Cart and Club Rentals N/A $26.25 N/A $26.50 N/A 0.95% N/A $24.25 N/A $24.50 N/A 1.03% N/A $21.25 N/A $21.50 N/A 1.18% N/A $19.25 N/A $19.50 N/A 1.30% Unlimited Golf Cart Pass N/A $800 N/A $450 N/A -43.75% N/A $20.25 N/A $20.50 N/A 1.23% N/A $18.25 N/A $18.50 N/A 1.37% N/A $15.25 N/A $16.00 N/A 4.92% N/A $13.25 N/A $13.50 N/A 1.89% N/A $75 N/A $80 N/A 6.67% N/A $55 N/A $60 N/A 9.09% Lockers and Range Locker for Season N/A $430.00 N/A $450 N/A 4.65% Range Large Bucket N/A $14.25 N/A $14.50 N/A 1.75% N/A $12.25 N/A $12.50 N/A 2.04% Range Small Bucket N/A $12.25 N/A $12.50 N/A 2.04% N/A $10.25 N/A $10.50 N/A 2.44% Unlimited Range Pass N/A $375 N/A $400 N/A 6.67% New Refund Service Fee N/A N/A N/A $100 N/A N/A Sec. 2.12.010. Aspen Municipal Golf Course 463 Fee Ordinance Changes Summary 2024 2024 2025 2025 YOY Variance YOY Variance Online Fee In-Person Fee Min Cost Recovery Max Fee Min Cost Recovery Max Fee Daily Admission rename Youth / Senior - Primary Resident (81611)N/A $12 50% $13 N/A 8.33% rename Youth / Senior - Guest N/A $27 75% $30 N/A 11.11% rename Adult - Primary Resident (81611)N/A $14 50% $15 N/A 7.14% rename Adult - Guest N/A $29 75% $32 N/A 10.34% delete Senior Resident N/A $12 delete delete delete delete delete Guest 10 Visit Card (All Inclusive)*$240 $260 delete delete delete delete Memberships rename Youth / Senior -1-month $68 $78 30% $85 N/A 8.97% rename Youth / Senior - 3-month $166 $177 30% $192 N/A 8.47% rename Youth / Senior - 6-month $322 $348 30% $376 N/A 8.05% rename Youth / Senior - 12-month $541 $582 30% $629 N/A 8.08% rename Youth / Senior - 20 Punch Pass $182 $213 30% $231 N/A 8.45% rename Adult - 1-month $123 $135 30% $146 N/A 8.15% rename Adult - 3-month $296 $314 30% $340 N/A 8.28% rename Adult - 6-month $416 $426 30% $460 N/A 7.98% rename Adult - 12-month $671 $749 30% $809 N/A 8.01% rename Adult - 20 Punch Pass $239 $257 30% $278 N/A 8.17% rename Family - 1-month $234 $258 30% $279 N/A 8.14% rename Family - 3-month $463 $500 30% $540 N/A 8.00% rename Family - 6-month $884 $895 30% $967 N/A 8.04% rename Family - 12-month $1,435 $1,466 30% $1,584 N/A 8.05% delete Each Additional $26 $28 delete delete delete delete delete 20 Visit Card delete 3 Month Pass delete Each Additional $43 $47 delete delete delete delete delete 6 Month Pass delete Each Additional $81 $87 delete delete delete delete delete Annual Pass delete Each Additional $150 $166 delete delete delete delete New Corporate Punch Passes New Non-Profit (100 Punches)N/A N/A 30% $1,300 N/A N/A New For Profit (100 Punches)N/A N/A 30% $3,000 N/A N/A New For Profit (500 Punches)N/A N/A 30% $9,512 N/A N/A delete Sec. 2.12.014 Recreation Department Fun Pass *All Inclusive - includes full facility usage of swimming pool, cardio and weight rooms, exercise & fitness classes, climbing tower, public ice skating, equipment rentals including towel, ice skates and locker. 464 Fee Ordinance Changes Summary 2024 2024 2025 2025 YOY Variance YOY Variance Online Fee In-Person Fee Non-Profit For Profit Non-Profit For Profit rename rename ARC Meeting Room - per hour $30.00 $30.00 $33.00 $90.00 10.00% 200.00% delete ARC Birthday Room - Birthday (2 hours) $160.00 $160.00 delete delete delete delete New ARC Full Facility Rental - per day N/A N/A $15,000.00 $20,000.00 N/A N/A rename Tennis/Pickleball One Court Rental - per hour $33.00 $33.00 $36.00 $40.00 9.09% 21.21% rename ARC Pavilion Rental - per hour $35.00 $35.00 $33.00 $90.00 -5.71% 157.14% 2024 2024 2025 2025 YOY Variance YOY Variance Online Fee In-Person Fee Non-Profit For Profit Non-Profit For Profit delete Rent Entire Facility delete Aspen Ice Garden - per day N/A $5,824.00 delete delete delete delete rename Ice Facility Rental rename Ice - Facility Rental - per hour N/A $374.00 $298.00 $404.00 N/A 8.02% rename Ice - Facility Rental - per day N/A $5,824.00 $6,300.00 $8,000.00 N/A 37.36% delete Lewis Ice Arena - per hour N/A $374.00 delete delete delete delete delete Rent Non-Profit delete Aspen Ice Garden - per hour N/A $276.00 delete delete delete delete delete Lewis Ice Arena - per hour N/A $276.00 delete delete delete delete delete Other Ice Fees delete Skate sharping N/A $13.00 delete delete delete delete delete Pick-up Hockey / Pick-up Freestyle N/A $18.00 delete delete delete delete delete Pick-up Hockey, 10 Punch Pass $140.00 $150.00 delete delete delete delete delete Freestyle 20 Punch Pass $280.00 $300.00 delete delete delete delete delete Locker Rental 2024 2024 2025 2025 YOY Variance YOY Variance rename Online Fee In-Person Fee Non-Profit For Profit Non-Profit For Profit Rentals rename Aquatic Facility Rental - per hour N/A $375.00 $298 $404 N/A 7.73% rename Aquatic Facility Rental - per lane per hour N/A $25.00 $16 $27 N/A 8.00% New Aquatic Facility Rental - per day N/A N/A $6,300 $8,000 N/A N/A delete Single Lane Rental - Non Profit - per hour N/A $15.00 delete delete N/A delete Sec. 2.12.030. James E. Moore Pool Sec. 2.12.015. Aspen Recreation Center Sec. 2.12.020. Aspen Ice Garden and Lewis Ice Arena Aspen Recreation Center (ARC) Facility Rental Fees 465 Fee Ordinance Changes Summary 2024 2024 2025 2025 YOY Variance YOY Variance Online Fee In-Person Fee Min Cost Recovery Max Fee Min Cost Recovery Max Fee Youth Ice Programming rename Youth Group Lessons - per session $44.00 $46.00 30% $50.00 N/A 8.70% Private Lessons - per 1/2 hour $62.00 $62.00 30% $67.00 N/A 8.06% New Multiple Session Pass N/A N/A 30% $900.00 N/A N/A Youth Swim Lessons rename Youth Group Lessons - per session $44.00 $46.00 20% $48.00 N/A 4.35% Private Lessons - per 1/2 hour $62.00 $62.00 20% $66.00 N/A 6.45% delete Kayak Roll Session without Membership N/A $17.00 delete delete delete delete delete Kayak Roll with Membership N/A $7.00 delete delete delete delete delete Water Polo Drop In without Membership N/A $17.00 delete delete delete delete delete Water Polo Drop In with Membership N/A $7.00 delete delete delete delete rename Youth Programming New Tier I: Drop In Fee N/A N/A 30% $25.00 N/A N/A New Tier II: Under 6 yrs. per sport per season (t-ball, kinder basketball)N/A N/A 30% $76.00 N/A N/A New Tier III: In-house sports leagues/lessons (soccer, spring basketball)N/A N/A 30% $121.00 N/A N/A New Tier IV: Traveling leagues (baseball, winter basketball)N/A N/A 30% $184.00 N/A N/A New Youth classes (dance, karate, climbing)N/A N/A 30% $87.00 N/A N/A New Afterschool Camp - Daily Rate N/A N/A 5% $20.00 N/A N/A New Day Camp - Daily Rate $51.00 $51.00 5% $54.00 N/A 5.88% New Specialty Programs - per day N/A N/A 50% $141.00 N/A N/A New Specialty Programs - per week N/A N/A 50% $895.00 N/A N/A delete T-Ball $83.00 $83.00 delete delete delete delete delete Girls Softball $150.00 $150.00 delete delete delete delete delete $51.00 $51.00 delete delete delete delete delete Youth Biking $70.00 $70.00 delete delete delete delete delete Specialty Camps - per week $350.00 $350.00 delete delete delete delete delete Youth Intramurals delete Soccer - per 5 week season $112.00 $112.00 delete delete delete delete delete $70.00 $70.00 delete delete delete delete delete Basketball - per 12 week season $170.00 $170.00 delete delete delete delete delete $70.00 $70.00 delete delete delete delete delete Flag Football - per 5 week season $112.00 $112.00 delete delete delete delete delete Climbing Wall delete Youth Beginner Rock Rats - per month $80.00 $80.00 delete delete delete delete delete Youth Boulder Rats - per month $104.00 $104.00 delete delete delete delete delete Youth Intermediate / Advanced Climbing - per month$105.00 $105.00 delete delete delete delete delete Junior Rats - (Ages 5-7) - per month $70.00 $70.00 delete delete delete delete delete Junior AROCK - per day (Ages 5-7)$70.00 $70.00 delete delete delete delete delete Youth AROCK - per day (Ages 8-18)$130.00 $130.00 delete delete delete delete delete Gymnasium Rental - 1 Hour $80.00 $80.00 delete delete delete delete Sec. 2.12.040. Miscellaneous Leisure and Recreation Fees 466 Fee Ordinance Changes Summary 2024 2024 2025 2025 YOY Variance YOY Variance Online Fee In-Person Fee Min Cost Recovery Max Fee Min Cost Recovery Max Fee rename Adult Programming - Individual rename Tier I: Drop In Fee N/A $10.00 75% $25.00 N/A 150.00% rename Tier II: Personal Instruction $115.00 $115.00 75% $200.00 N/A 73.91% rename Tier III: Multiple Session Pass N/A N/A 75% $900.00 N/A N/A rename Adult classes (CPR, Lifeguard Training)$285.00 $315.00 30% $334.00 N/A 6.03% rename Adult Sports - Team New Tier I: Individual Registrant Fee N/A N/A 75% $384.00 N/A N/A New Tier II: Full Team Registration Fee N/A N/A 75% $1,167.00 N/A N/A delete $858.00 $858.00 delete delete delete delete delete Adult Soccer - per team $572.00 $572.00 delete delete delete delete delete $1,144.00 $1,144.00 delete delete delete delete delete $967.00 $967.00 delete delete delete delete delete Adult Flag Football - per team $572.00 $572.00 delete delete delete delete delete delete delete delete delete delete delete delete delete delete delete delete delete delete delete Tennis (These fees are a guidance to set yearly fee agreements with the tennis operator) delete $48.00 $48.00 delete delete delete delete delete $325.00 $325.00 delete delete delete delete delete Tennis Lessons - Private - per hour $130.00 $130.00 delete delete delete delete delete Tennis One Month Membership - Individual $90.00 $90.00 delete delete delete delete delete Tennis One Month Membership - Couple $115.00 $115.00 delete delete delete delete delete Tennis One Month Membership - Family $150.00 $150.00 delete delete delete delete Other Fees Ball Machine Rental - per hour $22.00 $22.00 75% $33.00 N/A 50.00% delete Red Brick Facility Rental - Birthday (2 hours) N/A $160.00 delete delete delete delete rename Birthday Party Bounce House - per hour $10.00 $10.00 75% $75.00 N/A 650.00% delete Pickleball Drop In Fee $11.00 $11.00 delete delete delete delete delete Pickleball Clinic $165.00 $165.00 delete delete delete delete delete Pickleball Summer/Winter Pass $180.00 $180.00 delete delete delete delete delete $14.00 $14.00 delete delete delete delete rename Locker Rental: 6-month & annual N/A $80.00 75% $120.00 N/A 50.00% delete $356.00 $356.00 delete delete delete delete delete $1,080.00 $1,080.00 delete delete delete delete rename Services: (skate sharping, towel / skate rental, etc.)$4.00 $4.00 75% $20.00 N/A 400.00% rename Merchandise (swimsuits, tape, goggles, etc.)$4.00 $4.00 75% $50.00 N/A 1150.00% rename Online Fee In-Person Fee Non-Profit For Profit Non-Profit For Profit rename Red Brick Gym Facility Rental - per hour N/A N/A $55.00 $90.00 N/A N/A 467 Fee Ordinance Changes Summary Program Fees Adult Class - up to 2 hrs* Adult Class - 2 hrs to 4 hrs* Adult Class - full day rate* Youth Art Class - up to 2 hrs* Youth Art Class - 2 hrs to 4 hrs* Youth Art Class - full day rate* Private Adult Art Class - for an individual, up to 2 hours Private Adult Art Class - for a group of 2 - 4 people, up to 2 hours Private Adult Art Class - for a group over 5 people, up to 2 hours, per person Private Youth Art Class - for a group up to 8 children, up to 2 hours Private Youth Art Class - for a group of 9 children or more, up to 2 hours Facility Fees Tenant Rent (per sq. foot) Parking Permit Room Rental (per hour) Sec. 2.12.050. Aspen Police Department fees Law Enforcement Records Case Reports Communications Logging / Hour Per Audio CD Body Worn Camera (BWC) Video Per Case Aspen Police Department Alarm User Permit First False Alarm / Year Second False Alarm / Year Third and Fourth False Alarm / Year All Bank Alarms Late Fees Certified VIN Inspection Off-Duty Security/Officer/Hour Notary Fees 2024 2025 YOY Variance $114 $95 $10 100.00%$5 $100 5.26% $97 $100 3.09% $192 $198 3.13% $350 $83 $86 3.61% $117 2.41% $124 $116 0.86% 2.90% $415 $427 3.00% $41 $42 2.44% $83 $85 $128 3.23% $310 $320 2024 2025 YOY Variance $371 6.00% $310 $319 $59 $61 3.39% YOY Variance Sec. 2.12.043. Red Brick Center for the Arts Fees 2024 2025 $2.18 2.83% $28 $29 3.57% $2.12 $35 $35 $25 $27 $7 $10 42.86% 8.00% 0.00% $25 $27 11.73% 8.00% $358 $400 5.26% $30 $35 16.67% $380 $400 $12 $15 25.00% $150 31.58% $118 $150 27.12% $237 $250 5.49% 3.23% $415 $428 3.13% 468 469 Fee Ordinance Changes Summary Sec. 2.12.100. Building and Planning Reword Above 1000 SF (PSF) Change Order PSF Construction Mitigation Fees Engineering Construction Mitigation (PSF) Interior Finish & Fixture Removal Roof Repair Repair, other Change Order PSF Erosion Fees Erosion and Sediment Fee (PSF) New Change Order PSF Engineering Land Use Review Administrative, Minor Non-NOA Administrative, Major NOA Board Review, Minor Board Review, Major Planned Development & Other Complex Cases Sec. 2.12.150. Community Broadband 2024 2024 2025 2025 YOY Variance YOY Variance Monthly Recurring Charge Non- Recurring Charge Monthly Recurring Charge Non- Recurring Charge Monthly Recurring Charge Non- Recurring Charge High-Speed Dedicated Internet Access (DIA)* 100 Mpbs/100 Mpbs Upload/Download $350 $250 $368 $250 5.14% 0.00% 200 Mpbs/200 Mpbs Upload/Download $500 $250 $525 $250 5.00% 0.00% 500 Mpbs/500 Mpbs Upload/Download $750 $250 $788 $250 5.07% 0.00% 1 Gbps/1 Gbps Upload/Download $1,500 $250 $1,575 $250 5.00% 0.00% $15,000 $16,050 7.00% $5,000 $5,350 7.00% $1,250.00 $1,337.50 7.00% $2,000 $2,140 7.00% $1,500 $1,605 7.00% $0.40 $0.43 7.00% $0.30 $0.32 7.00% $700.00 $749.00 $0.50 $0.54 7.00% $0.20 $0.21 7.00% $0.45 $0.48 6.67% $600.00 $642.00 7.00% Engineering Development Fees 6.87% $300.00 $321.00 7.00% $300.00 $321.00 7.00% Applications submitted for new projects that are 100 percent affordable housing are eligible for a 100 percent fee waiver for Building, Engineering, Parks, Zoning, and Utility Plan Review fees; Construction Mitigation Plan Review; Aspen Energy Code Payment; Building Permit Fee; and GIS Fee; excluding fees levied by jurisdictions other than the City of Aspen. This fee waiver shall be limited to new projects, and does not apply to existing individual affordable housing units that may be seeking a remodel, expansion, etc. FEE WAIVERS FOR AFFORDABLE HOUSING PROJECTS $1,350.00 $1,444.50 7.00% 2025 YOY Variance 7.00% 2024 $1.60 $1.71 Building Plan Check, Energy Code, Permit Fees, Engineering, Parks and Utilities Review Fees: 470 MEMORANDUM TO:Mayor and City Council FROM:Cole Langford, Utilities Business Manager Justin Forman, Utilities Director THROUGH:Tyler Christoff, Public Works Director Pete Strecker, Finance Director MEMO DATE:November 1, 2024 MEETING DATE:November 12, 2024 RE:Ordinance #20, Series 2024 – Changes to Title 25 First Reading _____ REQUEST OF COUNCIL: Staff requests an approval of Ordinance #20, Series 2024, representing updates to Title 25—Utilities—of the City of Aspen Municipal Code as presented during the October 21, 2024, Council work sessions on 2025 Electric and Water budgets, rates, and fees. All proposed amendments and additions to Title 25 of the Aspen Municipal Code have been highlighted in yellow, as shown in Exhibit A. PREVIOUS COUNCIL ACTION: During the October 21, 2024 Utilities Budget work session, Utilities staff presented the 2025 Electric’s and Water’s financial plan. The presented rate and fee adjustments represent an incremental approach to utility operational increases, as well as the cost of sustainable ownership within both utilities. These proposed revenue adjustments play an important role in ensuring both utilities meet their commitment of providing dependable service while navigating the changing utility policies, regulations, and demand patterns within the water and electric industry. Adjustments support City Council policies and goals for the equitable access and allocation of finite resources for all customers. During the 2024 budget year, Utilities has continued to promote responsible resource stewardship and efficiency through various utility and community programs. Both Water and Electric funds continued their commitment of reinvesting in infrastructure replacement. Although not an exhaustive list of all the projects completed during the 2024 budget year, the Water department replaced nearly two blocks of mainline in conjunction with the Hallam & Garmisch stormwater replacement, installed another backup generator for pump station resiliency, and received approval for final design for the water treatment 471 2 plant backbone operational improvements. The Electric department continued year three of fifteen of cable and conduit replacement and completed major renovations and equipment upgrades to the Puppy Smith switch station. This work was accomplished while maintaining reliable water and electric service at nationally competitive rates. SUMMARY AND BACKGROUND: 2025 Electric and Water Title 25 proposed changes address ongoing infrastructure needs, reflect evolving customer expectations, respond to inflationary pressures, and recognize new State compliance standards. Staff believe these proposed updates meet the functional needs of the Utilities department while creating responsive service options for our customers. In a recent analysis of the Water utility’s 10-year Capital Asset Management Plan, it was calculated that the annual capital cost of sustainable ownership for the Water utility is at $7.3 million with a backlog of $90 million in pipe replacement projects. The Electric utility annual capital cost of sustainable ownership for a 10-year period is at $2.5 million with a $40 million backlog in cable replacement projects. Without continued capital investment and proactive management, water and electric utility services would deteriorate to a point where staff and infrastructure could not adequately meet customer needs. Staff reviews the capital asset management plan annually to determine which projects are of highest priority to the respective utility. Regular rate and fee studies are industry standard as they ensure a utility can continue a sustainable and resilient level of service to all customers, invest in infrastructure improvements, and respond to factors such as emerging utility policy, program and infrastructure needs, customer growth, technology use, industry dynamics, and demand pattern changes. DISCUSSION:Utilities is proposing updates to Aspen Municipal Code Title 25 -- Utilities. Included in these updates are a recommended 5 percent revenue increase for the Water utility and a 5.25 percent revenue increase to the Electric utility. Below are some of the major changes staff is proposing. ELECTRIC FUND Applying proposed rate adjustments results in changes to the average utility customer’s monthly bills. Tables below reflect theoretical average monthly cost impacts to the various customer classes including average residential; small commercial; large commercial; and affordable housing all-electric residential. The intent of these tables (below) is to demonstrate a stochastic monthly change various customer classes may experience in this proposal. The electric bill scenarios reflect average peak monthly winter use. 472 3 2024 Proposed Electric Rate Adjustments Table 1 – Typical Electric Residential Service Table 2 – Typical Electric Small Commercial Service Table 3 – Typical Electric Large Commercial Service Table 4 - Typical Electric Affordable Housing Residential Electric Service RESIDENTIAL ELECTRIC 2024 AVERAGE BILL 2025 AVERAGE BILL kWh Charges $202.36 $212.88 Availability Charges $46.02 $46.02 Average Residential - Aspen $248.38 $258.90 200 AMP Service / 1500 kWh $10.52Monthly Adjustment SMALL COMMERCIAL ELECTRIC 2024 AVERAGE BILL 2025 AVERAGE BILL kWh Charges $228.94 $244.63 Availability Charges $60.39 $61.60 Average Small Commercial - Aspen $289.33 $306.23 200 AMP Service / 2,000 kWh $16.90Monthly Adjustment LARGE COMMERCIAL ELECTRIC 2024 AVERAGE BILL 2025 AVERAGE BILL kWh Charges $3,547.18 $3,899.24 Demand kW Charges $1,021.50 $1,052.10 Availability Charges $122.59 $128.12 Average Large Commercial $4,691.27 $5,079.46 400 AMP Service / 45,000 kWh / 45 kW $388.19Monthly Adjustment AFFORDABLE HOUSING ALL ELECTRIC 2024 AVERAGE BILL 2025 AVERAGE BILL kWh Charges $96.20 $101.20 Availability Charges $46.02 $46.02 Current Affordable Housing All Electric Rate - Multi Unit $142.22 $147.22 200 AMP Service / 1,000 kWh $5.00Monthly Adjustment 473 4 Electric Community Investment Fee The City tracks overall community electric demand using a system that accounts for all amperage connected to Aspen’s electric system. Each City electric account has an individual amperage rating based on electric appliances, lighting, climate control, and other factors indicative of electrical demand. The Electric Community Investment (ECI) fee is charged to any customer requesting services for new development and/or expansion of existing services within the Aspen electric service area and is measured at each individual electric meter’s breaker. The ECI fee provides capital to the Electric Utility to fund the incremental portion of infrastructure needed to deliver electric services to new or expanded services. The proposed structure ensures ECI fees are applied proportionally with customers requiring a greater share of infrastructure and resources being assessed a higher ECI fee. Customers with an existing electric service receive full historic credit at today’s value for electric meters in place prior to 2017, as well as financial credit for any ECI fees paid for subject electric service in previous years. 2025 Title 25 proposed changes include a 15 percent increase for 100 Amp to 400 Amp services and a 20 percent increase for 600 Amp services and above. 2025-2029 PSCo/XCEL Electric Transmission Cost Supplemental Costs for electric transmission in our region is generally recovered through a structure known as the network transmission model. The City of Aspen utilizes the Public Service Company’s (PSCo’s) network to move a portion of Aspen’s energy. Participants pay rates based on their proportional share of capital and operating costs associated with the network. Regardless of the distance or physical infrastructure utilized on PSCo’s lines, the City pays a fixed amount multiplied by the peak hour kilowatt (kW) of electrical power delivered. PSCo typically updates their network transmission service rates annually, which has historically averaged a single-digit percentage increase. PSCo. is currently working on a project, the Colorado Power Pathway, which is estimated to cost $1.7 to $2 billion to enable future energy development in eastern Colorado. Due to the City’s participation in the PSCo’s network, there will be a direct pass-through cost to Aspen’s Electric utility even though the City will not directly utilize this new network infrastructure. Staff is actively working with the Municipal Energy Agency of Nebraska (MEAN), the City’s wholesale electric provider, to continue providing the yearly increase in transmission costs. Staff currently estimates increases between 15 to 25 percent for this Power Pathway’s project annually for the next five years, in addition to its regular service rate increases. The City of Aspen, Glenwood Springs, and Center, Colorado are working to challenge the fairness of this rate increase for utilities that receive no direct benefit from the project. 474 5 WATER FUND Applying proposed financial recommendations to our rates results in changes to the average utility customer’s monthly bills. The tables below reflect theoretical average monthly cost impacts to the various customer classes including average residential (downtown); residential (pumped); and commercial. The intent of these tables (below) is to demonstrate the notional monthly change various customer classes may experience in this proposal. The water bill scenarios reflect average peak monthly summer use. 2024 Proposed Water Rate Adjustments Table A – Typical Water Residential Service Table B – Typical Water Residential (Pumped) Service – Outside City Limits Table C – Typical Water Commercial Service RESIDENTIAL WATER - DOWNTOWN 2024 AVERAGE BILL 2025 AVERAGE BILL Water Variable (Consumption)$37.80 $39.70 Water Demand $19.11 $20.06 Fire Charge $13.91 $14.61 Average Residential -- Downtown $70.82 $74.37 2.81 ECUs & 0 Pumps / 10,000 gallons $3.55Monthly Adjustment RESIDENTIAL WATER - RED MOUNTAIN 2024 AVERAGE BILL 2025 AVERAGE BILL Water Variable (Consumption)$246.28 $258.58 Water Demand $54.40 $57.12 Fire Charge $39.60 $41.60 Pump Charge $168.00 $176.50 Average Residential -- Red Mtn.$508.28 $533.80 4.0 ECUs & 1 Pumps / 50,000 gallons $25.52Monthly Adjustment 475 6 Water Service Line Requirements The Water department will presented Ordinance #19, Series 2024, to Council on October 22, 2024 for approval, which proposes updates to water service line requirements within Title 25 to align with the Federal and State Lead and Copper Rule Revisions (LCRR) and Lead and Copper Rule Improvements (LCRI). The public hearing for Ordinance #19 is on November 12, 2024. On December 16, 2021, the Environmental Protection Agency (EPA) finalized the LCRR, which further strengthens protections against lead in drinking water and which include a number of new requirements for public water systems, including a system-wide service line inventory and a service line replacement plan. All public water systems must comply with the new LCRR starting October 16, 2024, which includes Aspen’s municipal water system. State and Federal rules require public water systems to develop a replacement plan for any service lines determined to be “lead” or “galvanized requiring replacement”. The water services in the city’s system are in a strong position compared to other public water systems of similar size and age because of the pace of development and so only a small portion of services fall into a category requiring replacement. Water Utility Investment Charge (Tap Fees) The City tracks overall water demand using a method that accounts for all fixtures connected to Aspen’s water distribution system. Each City water account has an individual equivalent capacity unit (ECU) rating based on water fixtures, irrigated area, and other factors indicative of water demand. The water tap fee is charged to any customer requesting services for new development or expansion of existing services within the service area. Payment for ECUs or tap fees represents a customer’s incremental ownership of Aspen’s water system and infrastructure and its associated capacity. Raftelis Financial Consultants were contracted in 2024 to evaluate our existing Utility Investment Charge recommendation based on current Aspen Water utility fixed asset replacement costs. COMMERCIAL WATER 2024 AVERAGE BILL 2025 AVERAGE BILL Water Variable (Consumption)$197.56 $207.46 Water Demand $71.40 $74.97 Fire Charge $51.98 $54.60 Average Commercial $320.94 $337.03 10.5 ECUS & 0 Pumps / 50,000 gallons $16.09Monthly Adjustment 476 7 2025 Title 25 Proposed changes include an 11 percent increase for Water Utility Investment Charges (Tap Fees). FINANCIAL IMPACTS: Both the Water and Electric departments are enterprise funds supported solely by our customer base. The proposed rates outlined in Title 25 of the Aspen Municipal Code support the Utilities revenue streams and the costs of utilities operations, long-range planning, resource development, and sustainability programming. The financial implications of the proposed electric and water rate adjustments, as well as the fee adjustments, are outlined in the Water and Electric Long-Range Plans and will be part of the 2025 Budget Book at the November first and second readings of Title 25— Utilities—proposed ordinance changes. ENVIRONMENTAL IMPACTS: The electric and water rate structures continue to place a value on, as well as support and incentive for, conservation and efficiency practices, programs, and policies. ALTERNATIVES:Council may request portions of the recommended ordinance changes, including rate and fee adjustments, be modified. RECOMMENDATIONS: Staff advises Council move to adopt Ordinance #20, Series 2024, which will become effective January 1, 2025. Council will next be presented Ordinance #20 during the November 19th Public Hearing. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A: Ordinance #20, Series of 2024 477 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 1 of 35 Exhibit A – ORDINANCE NO. 20 Series 2024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING AND ADDING TO TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN--UTILITIES— SPECIFICALLY CHAPTERS 25.04 ELECTRICITY; 25.08 WATER SERVICE – GENERAL PROVISIONS; 25.12 UTILITY CONNECTIONS; 25.16 WATER RATES AND CHARGES; AND 25.30 WATER EFFICIENT LANDSCAPING STANDARDS. WHEREAS, the City owns and operates a public electric and water system; and WHEREAS, the City Council has adopted a policy of requiring all users of the electric and water system operated by the City of Aspen to pay fees that fairly approximate the costs of providing such services; and WHEREAS, the City Council supports maintaining and improving the City’s infrastructure to create more efficient and resilient systems for the community that relies on these important services; and WHEREAS, the City Council supports electric and water rate structures that place a value on, and incentive for, conservation and efficiency programs, policies, and improvements; and WHEREAS, the City Council supports policies and goals for the equitable access and allocation of finite resources for all customers; and WHEREAS, City Utilities believes in regular rate studies to ensure customers’ needs are met, revenues and expenditures are aligned, and the public electric and water systems remain sustainable and resilient. WHEREAS, the rates outlined in Title 25 of the municipal code support the Utilities revenue stream and ultimately support the ever-increasing costs of utility operation, long-range planning, resource development, and sustainability programing. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Title 25 of the Municipal Code of the City of Aspen, Colorado, which section sets forth Utilities, is hereby amended, and added to, to read as follows: 478 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 2 of 35 Sec. 25.04.035. Electric Community Investment Fee. The Electric Department must expand the electric system facilities to accommodate new development without decreasing current reliability and service standards. The Electric Department distributes electricity to the customers in its service area by means of an integrated and interdependent system-wide network of electric facilities. The Electric Community Investment (ECI) fee will be charged to any customer requesting services for new development and expansion of existing services within the service area as measured at breaker size at meter. If breaker size is not listed in Table below, billing amps are rounded up to next available amperage size shown below. EV Charging services will be charged under Commercial ECI fee structure unless located directly in a Single Family Residence in which case those services will be charged at the Residential ECI fee structure. The ECI will provide additional capital to the Electric Department to pay for a portion of the new facilities needed to deliver electric services to new or expanded services. Effective January 1, 2025, all residential, commercial and city facilities customers of the Aspen Electric Department shall pay the ECI fee as follows: ECI Residential ECI Commercial Panel Amps 1 Phase 120/240V 3 Phase 120/208V 1 Phase 120/240V 3 Phase 120/208V 3 Phase 277/480V 100 $2,282 $4,563 $6,087 $6,844 $15,795 200 $4,565 $9,127 $12,173 $13,689 $26,325 300 $9,130 $14,832 $18,260 $20,533 $47,385 400 $12,173 $19,776 $24,347 $27,378 $63,180 600 $21,649 $35,168 $43,298 $48,688 $112,357 800 $28,865 $46,891 $57,730 $64,918 $149,810 1000 $36,081 $58,614 $72,163 $81,147 $187,262 1200 $43,298 $70,337 $86,595 $97,376 $224,715 1400 $50,514 $82,060 $101,028 $113,606 $262,167 1600 $57,730 $93,783 $115,460 $129,835 $299,619 1800 $64,946 $105,505 $129,893 $146,064 $337,072 2000 $72,163 $117,228 $144,325 $162,294 $374,524 2200 $79,379 $128,951 $158,758 $178,523 $411,977 2400 $86,595 $140,674 $173,190 $194,753 $449,429 2600 $90,492 $147,004 $180,984 $203,516 $469,653 2800 $94,564 $153,619 $189,128 $212,675 $490,788 3000 and above $98,819 $160,532 $197,639 $222,245 $512,873 (Ord. No. 27-2017; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.04.037. Fees for distributed energy systems attached to Aspen Electric. (a)All projects on properties within the City of Aspen Electric Utility service area that require staff and/or engineering review or that will add distributed energy systems that could include battery storage are subject to electric development review fees prior to issuance of a city electric permit. No solar photovoltaic and/or battery storage systems will be allowed to connect to City of Aspen Electric service without a signed Interconnection Agreement. (b)The electric development review fee shall be as set forth in Subsection (c) of the Section. 479 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 3 of 35 (c)Electric Development Review Fees. Effective January 1, 2025, utility staff review fees for distributed energy systems are: System Size in kW Distributed Energy System Only Distributed Energy System and Battery Storage 0—9.99 kW $500.00 $700.00 10—24.99 kW $1,000.00 $1,500.00 25 kW and up $2,000.00 $4,000.00 (Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.04.038. Electric utility application fee. Effective January 1, 2025, an application fee of one-hundred dollars ($100) shall be assessed upon submission of any Electric Utility Permit application. Sec. 25.04.040. Electric service rates. (a)The rates applicable to EV Charging services will be subject to service rates for a Large Commercial Customer if the electric meter connected to the EV Charger has a measured kW use of 40 kW for any twelve (12) consecutive months. If the electric meter connected to the EV Charger has a measured use of less than 40 kW for the prior twelve (12) consecutive months, and if the EV charger is not situated within a Single-Family Residence, it will be charged as a Small Commercial Customer. If the electric meter connected to the EV Charger is located directly in a Single-Family Residence, it will be charged as a Residential Customer. (b)Effective in the January 2025 monthly billing, all residential, commercial and city facilities customers of the Aspen Electric Department shall pay a monthly customer availability charge as follows: AMP Size Standard Residential Customer Senior Residential Customer - 70% Small Commercial Customer Large Commercial Customer 100 AMP $23.64 $16.55 $31.97 $30.14 200 AMP $46.02 $32.21 $61.60 $55.73 300 AMP $106.29 $74.40 $100.79 $88.87 400 AMP $154.93 $108.45 $146.59 $128.12 600 AMP $273.31 $191.32 $258.09 $225.49 800 AMP $412.01 $288.41 $388.71 $341.04 1000 AMP $573.91 $401.74 $541.19 $473.81 1200 AMP $749.26 $524.48 $706.33 $622.49 1400 AMP $951.57 $666.10 $896.86 $789.64 1600 AMP $1,153.87 $807.71 $1,087.39 $956.80 1800 AMP $1,373.64 $961.55 $1,294.37 $1,147.31 2000 AMP $1,618.75 $1,133.13 $1,525.20 $1,351.22 2200 AMP $1,893.93 $1,325.75 $1,784.49 $1,580.93 2400 AMP $2,215.90 $1,551.13 $2,087.85 $1,849.68 2600 AMP $2,592.61 $1,814.83 $2,442.79 $2,164.13 2800 AMP $3,033.35 $2,123.35 $2,858.06 $2,532.03 3000 AMP and above $3,549.02 $2,484.31 $3,343.93 $2,962.48 480 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 4 of 35 (b)In addition to the monthly customer availability charge, and effective in the January 2025 monthly billing, the residential customer shall pay the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows: AMP Size Usage Up To Per KWh Additional Usage Up To Per KWh Additional Usage Up To Per KWh Remaining Usage Over Per KWh 100 AMP 400 $0.1012 1,080 $0.1517 1,920 $0.2345 1,920 $0.4144 200 AMP 520 $0.1012 1,360 $0.1517 2,800 $0.2345 2,800 $0.4144 300 AMP 1,600 $0.1012 3,600 $0.1517 6,160 $0.2345 6,160 $0.4144 400 AMP 1,600 $0.1012 3,600 $0.1517 6,160 $0.2345 6,160 $0.4144 600 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 800 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 1000 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 1200 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 1400 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 1600 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 1800 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 2000 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 2200 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 2400 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 2600 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 2800 AMP 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 3000 AMP and above 2,800 $0.1012 5,440 $0.1517 8,800 $0.2345 8,800 $0.4144 481 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 5 of 35 (c)Effective January 1, 2022, all electric accounts that service five (5) or more individual units shall be considered a small commercial customer and shall have rates associated with a small commercial account rather than a residential account. All commercial accounts that do not meet the requirements for large commercial designation shall be considered small commercial accounts, which includes previous class of small commercial city facilities customers. (d)In addition to the monthly customer availability charge, and effective in the January 2025 monthly billing, the small commercial customer shall pay the sum of the metered use of electric energy measured in kilowatt- hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows: AMP Size Usage Up To Per KWh Additional Usage Up To Per KWh Additional Usage Up To Per KWh Remaining Usage Over Per KWh 100 AMP 880 $0.1122 2320 $0.1403 4800 $0.2105 4800 $0.3368 200 AMP 1280 $0.1122 3120 $0.1403 5760 $0.2105 5760 $0.3368 300 AMP 3360 $0.1122 7120 $0.1403 12240 $0.2105 12240 $0.3368 400 AMP 3360 $0.1122 7120 $0.1403 12240 $0.2105 12240 $0.3368 600 AMP 6560 $0.1122 13200 $0.1403 18400 $0.2105 18400 $0.3368 800 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 1000 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 1200 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 1400 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 1600 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 1800 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 2000 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 2200 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 2400 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 2600 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 482 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 6 of 35 2800 AMP 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 3000 AMP and above 13600 $0.1122 28000 $0.1403 44800 $0.2105 44800 $0.3368 (e)In addition to the monthly customer availability charge, and effective in the January 2025 monthly billing, the large commercial customer, which includes previous class of large commercial city facilities customers and current and future Electric Vehicle charging stations, (with operable demand metering systems in place and measured usage of forty (40) kW and greater) shall pay the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows, plus a demand charge per kW of metered customer peak usage for that meter reading cycle. To qualify for the large commercial rate, accounts must meet or exceed forty (40) kW peak monthly demand a minimum of twelve (12) out of twelve (12) months in both of the last two (2) years. AMP Size Usage Up To Per KWh Remaining Usage Over Per KWh Demand Charge on Customer Peak kW 100 AMP 23200 $0.0773 23200 $0.0966 $23.38 200 AMP 23200 $0.0773 23200 $0.0966 $23.38 300 AMP 23200 $0.0773 23200 $0.0966 $23.38 400 AMP 23200 $0.0773 23200 $0.0966 $23.38 600 AMP 23200 $0.0773 23200 $0.0966 $23.38 800 AMP 23200 $0.0773 23200 $0.0966 $23.38 1000 AMP 23200 $0.0773 23200 $0.0966 $23.38 1200 AMP 23200 $0.0773 23200 $0.0966 $23.38 1400 AMP 23200 $0.0773 23200 $0.0966 $23.38 1600 AMP 23200 $0.0773 23200 $0.0966 $23.38 1800 AMP 23200 $0.0773 23200 $0.0966 $23.38 2000 AMP 23200 $0.0773 23200 $0.0966 $23.38 2200 AMP 23200 $0.0773 23200 $0.0966 $23.38 2400 AMP 23200 $0.0773 23200 $0.0966 $23.38 2600 AMP 23200 $0.0773 23200 $0.0966 $23.38 2800 AMP 23200 $0.0773 23200 $0.0966 $23.38 3000 AMP and above 23200 $0.0773 23200 $0.0966 $23.38 (f)In addition to the monthly customer availability charge, and effective in the January 2025 monthly billing, an alternative customer rate shall be available for new deed-restricted, residential properties with electric heat and built-in compliance with International Energy Conservation Codes 2015 edition as stated in Municipal Code 8.46 including amendments as stated in Ordinance 40, Series of 2016. This rate will only be applied to deed-restricted residential electric accounts that have been reviewed and approved as a qualifying residential property by the Utilities Director. This rate shall be the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows: 483 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 7 of 35 AMP Size Usage Up To Per KWh Additional Usage Up To Per KWh Additional Usage Up To Per KWh Remaining Usage Over Per KWh 100 AMP 520 0.1012 1404 0.1517 2450 0.2345 2,451 0.4144 200 AMP 1050 0.1012 2750 0.1517 3900 0.2345 3,901 0.4144 (g)In addition to the monthly customer availability charge, and effective in the January 2025 monthly billing, an alternative customer rate shall be available for new, all-electric residential properties. This rate shall be available for all electric residential properties with new or upgraded construction that complies with the International Energy Conservation Code 2021 edition as stated in Municipal Code 8.46, including amendments as stated in Ordinance 1, Series of 2023. This rate will only be applied to residential electric accounts that have been reviewed and approved as a qualifying property by the Utilities Director. This rate shall be the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as follows: (1)Residential all-electric monthly kWh rate: AMP Size Usage Up To Per KWh >Additional Usage Up To Per KWh Additional Usage Up To Per KWh Remaining Usage Over Per KWh 100 AMP 460 $0.1012 1,242 $0.1517 2,208 $0.2345 2,208 $0.4144 200 AMP 598 $0.1012 1,564 $0.1517 3,220 $0.2345 3,220 $0.4144 300 AMP 1,840 $0.1012 4,140 $0.1517 7,084 $0.2345 7,084 $0.4144 400 AMP 1,840 $0.1012 4,140 $0.1517 7,084 $0.2345 7,084 $0.4144 600 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 800 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 1000 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 1200 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 1400 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 1600 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 1800 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 2000 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 2200 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 2400 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 484 Created: 2024-04-16 16:57:47 [EST] (Supp. No. 4) Page 8 of 35 2600 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 2800 AMP 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 3000 AMP and above 3,220 $0.1012 6,256 $0.1517 10,120 $0.2345 10,120 $0.4144 (Code 1971, § 23-18.1; Ord. No. 42-1984, § 1; Ord. No. 76-1992, § 1; Ord. No. 36-1996, § 1; Ord. No. 41-2004, § 1; Ord. No. 7-2006, § 1; Ord. No. 37-2008; Ord. No 29-2011; Ord. No. 36-2011; Ord. No. 37-2014, § 1; Ord. No. 44- 2015, Ord. No. 38-2016, Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11- 28-2023) Sec. 25.04.045. Late payment charge. (a) Payments for electric service, transformers and other associated electric fees and charges shall be due on the 25th of the following month after the billed date. Any amount due, but not received by the City by the due date, shall be subject to a past due monthly interest charge of three percent (3%) of the total amount due; subject, however, to a minimum charge of three dollars ($3.00). (b) Utility customers shall notify the Utility Department of any change in mailing and contact information associated with their account within thirty (30) days of the change. Failure to provide the Utility Department with accurate contact information shall not exempt the customer from compliance with this Title or any City Utility rules and regulations, or fees and penalties accessed by the Utility, including late fees. (Ord. 36-1996, §§ 2, 3; Ord. No. 45-1999, § 16 (part); Ord. No. 30-2012 § 29, Ord. No. 38-2016; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.04.110. Deposit for electric service. (a)When a tenant applies for electric service at a new location, the applicant shall be required to place a cash deposit in the following manner: Residential service: two hundred dollars ($200.00). Commercial service: (1)An amount equal to the service bills for the subject property for the three (3) highest months of usage during the prior year, if the applied-for use of the property is similar to the prior use; or (2)If there is no similar prior space or use on which to compute the amount provided in Subsection (a)(1) above, then an amount to be determined by the Utilities Director within his or her sole discretion and based on a reasonable estimate of three (3) months' service for a space and use similar to the subject property. (b)Subject to the approval of the Utilities Director based on previous credit history with the City of Aspen Utilities, the owner of the premises on which the electricity is used may approve waiver of their tenant's 485 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 9 of 35 deposit requirement. To request approval of the Utilities Director, the owner must complete an application which informs the owner of the possibility of a lien upon the premises for unpaid bills, pursuant to Section 25.04.090 above. (1)Deposits shall be held by the Director of Finance until service is discontinued and final service bills paid and will accrue interest at five percent (5%) per annum starting thirty (30) days after receipt of the monies until the date of disconnection. Return of the unused portion of the deposit plus interest will be made within forty-five (45) days from date the final bill is issued. Effective January 1, 2013 no deposit will accrue interest. (Code 1971, § 23-25; Ord. No. 28-1982, § 1; Ord. No. 68-1994, § 14; Ord. No. 57-2000, § 7; Ord. No. 30-2012 § 37; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020) Sec. 25.04.120. Electric service and disconnect charges. A service charge of forty dollars ($40.00) is hereby established for each new account that is setup for electric service. If a disconnection is made in accordance with Section 25.04.080 above because of nonpayment of electric service charges, the disconnect charge of one hundred fifty dollars ($150.00) shall be due prior to reconnection of electric service. (Code 1971, § 23-26; Ord. No. 53-1992, § 2; Ord. No. 45-1999, § 15; Ord. No 37-2014 § 2; Ord. No. 17-2020, § 1, 11-24-2020) Sec. 25.08.060. Definitions. The following definitions shall apply under this Chapter concerning water service: Annual water budget means those direct and indirect expenditures and costs, including debt service, required to provide water service in the coming year, as documented in the annual budget. Building permit or plumbing permit means the permit or permits issued pursuant to Title 8 of this Code or by Pitkin County, Colorado pursuant to County building regulations. Carriage of untreated water rights means those rights held by a water user other than the City of Aspen and conveyed through a ditch, pipeline or other series of water conveyance facilities owned and/or operated by the City of Aspen. Rates charged for conveyance of this water are referred to as "carriage" rates for raw water. Comprehensive water management plan means the comprehensive water management plan for the City as initially prepared and adopted in 1980 and as thereafter revised and updated. Director of water treatment and supply, Director, Water Superintendent or Superintendent, Director of Utilities means the Director of the City of Aspen Water Utility, who, under the direction of the City Manager, has charge of all facilities of the Aspen water utility and has the duty to supervise the utility and to maintain and control the same. Equivalent capacity unit (ECU) means a unit reflecting that part of the capacity of the water system necessary to serve a standard water customer, with multiples or fractions of the unit including a maximum number and type of water fixtures, a maximum irrigated area, certain cooking facilities or other water demand factors. Hook-up charge means a charge based on a new customer's line size to recover certain costs of making a physical connection to the water system. Payment in lieu of water rights dedication is a payment that the City, in its sole discretion, may accept in lieu of a water rights dedication from a party seeking extraterritorial water service, in an amount determined by the City, in its sole discretion, to be reasonably necessary to purchase and change water rights, or otherwise acquire 486 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 10 of 35 water rights and supplies of sufficient quantity and seniority, at an appropriate location, to reliably provide water for the proposed water demands of the project. Temporary irrigation is temporarily installed irrigation on grade for the sole purpose of low water use and drought tolerant plant establishment pursuant to the terms set forth in a City of Aspen Temporary Irrigation Water Service Agreement. Utility connection permit means permission by the City to physically connect to the water system or to change the use of any existing connection and any additional contractual terms which may be imposed. Utility investment charge means a charge to recover certain capital costs allocated to new customers which charge is based on a new customer's ECU rating and billing area factor. Water demand factor or fixture means any of the water demand factors or fixtures set forth in Subsections 25.08.090(a) or (b) below. Water Department means the department of the City under the supervision of the Director of Utilities. Water feature is defined as a design element in which open water serves primarily an aesthetic or decorative beneficial use. Water features include, but are not limited to ponds, lakes, waterfalls, jets, fountains, artificial streams, water stairs, infinity pools, or cascades wherein potable water is artificially supplied to create or operate the feature. Water features do not include swimming pools or hot tubs. No outdoor water features will be allowed on Aspen Water utility accounts effective January 1, 2022. Water rights dedication is a dedication required by any party seeking extraterritorial water service from the City of water rights acceptable to the City. "Water rights acceptable to the City" shall mean such water rights as are determined by the Water Department, in its sole discretion, to be sufficient in quantity, seniority and location, to reliably provide for the proposed water demands of the project, as well as water rights historically used on the property to be served. Water service billing area,billing area or area of water service billing means an area established by the City Water Department for purposes of calculating and assessing tap and/or other water service fees. The designation of a water service billing area as provided for in this Title shall not be construed as an offer, obligation, exclusive right, willingness, or ability to serve any customer, prospective customer or geographical area with municipal water or water services. Water service or utility service means any connection to the water system and shall include but is not limited to all requirements service, irrigation only, fire protection only and irrigation and fire protection only service. Water system, City water system, water utility, municipal utility system, municipal water utility system or City water utility means the City water utility as defined in Section 25.08.010. Well development charge recovers the capital costs of development groundwater sources capable of being integrated into the potable water supply system by any party seeking extraterritorial water service from the City. (Code 1971, § 23-41; Ord. No. 27-1985, § 1; Ord. No. 39-1993, § 1; Ord. No. 30-2012 § 1; Ord. No. 24-2019, § 1, 11- 26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.08.090. Equivalent capacity units. (a)All water service shall be rated by the Water Department in accordance with the following table: (1)LONG-TERM RESIDENTIAL (Occupancy extending more than one (1) month): ECU 1st full bath 0.36 2nd full bath 0.24 487 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 11 of 35 Each additional full bath 0.12 Each kitchen (full cooking facilities) 0.25 Each kitchenette (modest cooking facilities) 0.15 Each bedroom 0.10 (2)LODGING BEDROOMS (Occupancy per person extending less than one (1) month): ECU Each bedroom with no bath or cooking facilities, but with dormitory style bathrooms in hallways 0.45 Each bedroom with no bath, but with modest cooking facilities and dormitory style bathrooms in hallways 0.60 Each bedroom with full bath but no cooking facilities 0.55 Each bedroom with full bath and wet bar (microwave and under the counter icebox) 0.65 Each bedroom with full bath and modest cooking facilities 0.70 (3)SHORT- OR MIXED-TERM RESIDENTIAL (Occupancy per person extending less than one (1) month): ECU Each full bath 0.36 Each kitchen (full cooking facilities) 0.25 Each bedroom 0.30 (4)RESTAURANTS: Each seat: 0.07 ECU. (5)NONPROFIT CAFETERIA (including school cafeterias): Each seat: 0.048 ECU 1st 25/0.024 ECU thereafter. (6)OFFICE SPACE: Each one hundred (100) square feet: 0.02 ECU. (7)RETAIL SPACE: Each one hundred (100) square feet: 0.01 ECU. (8)COMMERCIAL RECREATIONAL FACILITIES: Each customer: 0.04 ECU. (9)NONPROFIT RECREATIONAL FACILITIES (including school gyms): Each customer/pupil: 0.02 ECU. (10) THEATERS, AUDITORIUMS, CONVENTION HALLS AND ASSEMBLY PLACES: Each ten (10) seats: 0.080 ECU year-round/0.048 ECU summer. (11) SCHOOL ROOMS (not including cafeteria, kitchens, gyms, auditoriums, and administrative office space): Each pupil: 0.02 ECU per maximum capacity. (12) WAREHOUSE OR INDUSTRIAL SPACE: Each one thousand (1,000) square feet: 0.12 ECU. (13) GAS STATIONS: Each service or lubrication bay: 0.25 ECU. (14) CAR WASHES: Each manual washing bay: 0.95 ECU/each automatic washing bay: 1.45 ECU. (15) HOSPITALS, NURSING HOMES, SANITARIUMS, AND DETENTION CENTERS: Each bed: 0.50 ECU. 488 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 12 of 35 (b)The Water Department shall establish fixture or irrigated area maximums for all ECU ratings under Subsection (a). For all fixtures or irrigated area in excess of said maximums, the Water Department shall increase the ECU rating in accordance with the following table: ECU Toilet/urinal 0.05 Mop/laundry sink (per compartment) 0.05 Kitchen sink (per compartment) 0.05 Lavatory sink (per compartment) 0.02 Combo toilets (toilet/bidet, toilet/lav) 0.07 Bar sink (per compartment) 0.05 Garbage disposal 0.05 Household dishwasher 0.10 Commercial dishwasher (per ⅛" of supply line diameter) 0.10 Dishwasher drawer (single) 0.05 Steamer oven 0.05 Household clothes washer 0.10 Commercial clothes washer (per ⅛" of supply line diameter) 0.10 Commercial icemaker (per ⅛" of supply line diameter) 0.05 Steam room 0.08 Water bottle fill station 0.05 Whole home humidifier 0.30 Single room humidifier 0.05 Coffee urn 0.05 Tub/shower (combined or separate) 0.05 Bidet 0.05 Wet saunas 0.08 Room humidifier 0.05 Jacuzzi/spa (per 100 gal. of capacity) 0.02 Plunge pool (per 100 gal. of capacity) 0.02 Swimming pool (per 1,000 gal. of capacity): 0.02 Industrial process or wastewater (not served by sanitary sewer): Each 1,000 gallons per day for non-consumptive use 1.50 Each 1,000 gallons per day for consumptive use 3.90 Fountains: Non-continuous drinking 0.05 Continuous drinking 0.50 Non-recycling decorative 0.50 Recycling decorative 0.10 Water softener (per ECU): Residential 0.02 Commercial 0.01 Fire protection sprinkler heads 0.00 1st Hose bib 0.20 2nd Hose bib 0.10 Additional Hose bib(s) 0.05 Overhead Spray Irrigation 0.01/100 sq. ft. 489 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 13 of 35 Bubbler Irrigation 0.005/100 sq. ft. Drip Emitter Irrigation 0.001/100 sq. ft. Recirculating Water Feature (Pre-existing Only) 0.10 (c)No outdoor water features will be allowed on Aspen Water utility accounts effective January 1, 2022. A water feature is defined as a design element in which open water serves primarily an aesthetic or decorative beneficial use. Water features include, but are not limited to: ponds, lakes, waterfalls, jets, fountains, artificial streams, water stairs, infinity pools, or cascades wherein potable water is artificially supplied to create or operate the feature. Water features do not include swimming pools or hot tubs. (d)Effective January 1, 2023, single family residential water accounts being served or requesting city treated water will be eligible for a maximum of 4.0 Equivalent Capacity Units (ECUs), per account/parcel. (e)In the event that the water service cannot be adequately rated under the tables in Subsections (a) and (b) or if there are unusual or special circumstances warranting a special ECU rating, the service may be rated as determined by the Water Department at the customer's expense. The Water Department may also adjust the ECU rating of any water service if the metered demand of such service differs substantially from the ECU rating under Subsections (a) and (b). In no event shall the ECU rating be less than the following minimums: Line Size Minimum ECU Rating ¾" 1.0 1" 2.0 1¼" 3.0 1½" 4.0 2" 8.0 4" 20.0 6" 30.0 8" 60.0 For line sizes larger than six (6) inches, the minimum ECU rating shall be determined by the Water Department after consultation with the City Manager. (f)The ECU rating per customer pursuant to Subsections (a), (b), (c) or (e) shall be applied in calculating utility investment charges under Section 25.12.040 and in calculating monthly demand, extraordinary water use, and fire protection charges under Sections 25.16.010 and 25.16.020. (g)Commercial agricultural uses shall be limited to a maximum of one (1) ECU of potable water without the prior express written consent of the City Manager. (Code 1971, § 23-44; Ord. No. 27-1985, § 1; Ord. No. 36-1995, § 1; Ord. No. 43-1996, § 16; Ord. No. 30-2012 § 4; Ord. No. 15-2019, § 2, 6-24-2019; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) 490 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 14 of 35 Sec. 25.12.020. Application for utility service. (a)Where both the utility service connection and all points of consumption are within the corporate limits of the City, this shall be considered to be a utility service within the corporate limits of the City and shall be made as provided in this Chapter and in accordance with the Aspen Area Community Plan and City Council resolutions relating to water policies and operating procedures, as such exist at the time of the request for connection. (b)Every extension of water service where either the utility service connection or any point of consumption is outside the corporate limits of the City shall be considered an extraterritorial tap and shall be made only pursuant to agreement with the City, in accordance with the City water main extension policy and consistent with the Aspen Area Community Plan and City Council resolutions relating to water policy and operating procedures as such exist at the time of the request for connection, and such extraterritorial service must be approved by City Council ordinance as required by the Charter. The City shall not be obligated to extend water service outside the corporate limits of the City and may grant water service only upon a determination that no conflict exists between the best interests of the City, as expressed in the Aspen Area Community Plan and as otherwise determined by the City Council and the prospective water use. The City may impose such contract, water rights dedication, system development fees, and bond requirements as it deems necessary to safeguard the best interests of the City. An individual extraterritorial connection (including a fire hydrant) made to an existing City water main, pursuant to Water Department procedures for such connections, is deemed to be an extraterritorial water connection approved by City Council without the need for further City Council ordinance. If the City agrees to accept a payment in lieu of water rights dedication, that fee will be eight thousand two dollars and eighty cents ($8002.80)/ECU commencing January 1, 2025. (c)Any person who desires to connect to the municipal water utility system or who is already connected to the municipal water utility system and intends to add or change a water demand factor or fixture shall file an application for utility service provided in Subsections (e) and (f) of this Section and pay all fees prior to obtaining a required building or plumbing permit. If no building or plumbing permit is required, the application shall be made prior to making the connection or to adding or changing the water demand factor or fixtures. All water development review fees, utility investment charges, system development fees, hook- up charges, water main extension costs, and water rights dedication or fees in lieu of water rights dedication shall be due and payable when all city submittal fees are due unless prior written approval is obtained from the Water Department for a different method of payment. (d)Persons seeking an alternate method of payment of the assessment fee(s), shall make written application to the Water Department specifying the method of payment and all related forms. The Water Department upon review of the application, shall either approve, disapprove, or modify the proposal to satisfy Water Department needs. (e)Applications for utility service shall be made in writing to the Water Department on such forms as the Water Department may prescribe. Except as provided in Subsection (f) of this Section, application must be made by the owner of the property to be served or his or her duly authorized agent, designating the property, stating the purpose for which the water may be required and stating the ECU rating associated with such purpose. (f)Any person not an owner may apply to the Water Department for utility service to property which said person occupies but does not own. The application shall state the location of the property, the purpose for which water is required and the interest of the applicant in the property. The Director of Utilities may, in the exercise of his or her discretion, accept the non-owner application for utility service and may impose such conditions as it sees fit with regard to the account, including the furnishing of a deposit. (g)A utility connection application shall be required, utility investment charges shall be assessed and, where appropriate, water rights dedication (or payment in lieu of water rights dedication) shall be required for any new or expanded use of water, whether or not such new or expanded use requires a new or enlarged utility service connection. 491 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 15 of 35 (Code 1971, § 23-56; Ord. No. 27-1985, § 1; Ord. No. 8-1988, § 1; Ord. 39-1993, § 4; Ord. No. 16-1994, §§ 1, 2; Ord. No. 30-2012 § 6; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 15-2023, § 1, 11- 28-2023) Sec. 25.12.025. Water development review fee. (a)All projects on properties within the City of Aspen that require engineering development review or that will add, change, or remove plumbing fixtures are subject to the utility development review prior to issuance of a City building permit; All projects on properties outside City of Aspen limits that may change or impact City water service are subject to the utility development review prior to submittal of a Pitkin County building permit application. (b)Applicable review fees and utility investment charges must be paid prior to issuance of a City of Aspen building permit, and/or prior to submitting an application for a Pitkin County building permit. (c)If submitting a building permit application to Pitkin County for a project that may change or impact City water service, the following documents are required for the utility development review: (1) Utility development review application; (2) relevant building plans, which may include architectural, civil, and/or water efficient landscape sets; (3) City water service agreement; (4) ECU Calculator. (d)The water development review fee shall be as set forth in Subsection (e) of the Section. (e)[Water Development Fees.] Water Development Review Fees 2025 Rate Projects with Up To 200 Sq. Ft. of Affected Area $475.00 Projects with 201 to 5,000 Sq. Ft. of Affected Area $2.36/sq. ft. Projects of 5,001 to 15,000 Sq. Ft. of Affected Area $2.36/sq. ft. for 1st 5,000 sq. ft. + $1.97/sq. ft. thereafter Projects with more than 15,000 Sq. Ft. of Affected Area $2.36/sq. ft. for 1st 5,000 sq. ft. + $1.97/sq. ft. for next 10,000 sq. ft. + $1.81 sq. ft. thereafter Project Type Applicability and Calculation New Construction (including "scrape and replace") or 50% or greater interior alteration. Fee calculated according to affected area. Affected area is calculated as square footage of the building footprint, plus the total square footage of exterior disturbance. Calculation instructions are set forth in Section (f), below. Interior or exterior work that requires a Water review (Utilities, Engineering-Dev, Engineering-Water, WELS) or includes adding, removing, or changing any water fixtures or impacting a component of the ECU table in Section 25.08.090 Fee calculated according to utility affected area. Utility affected area is the total square footage of all rooms/work areas in which water fixtures or components of ECU table are affected, plus the total square footage of any water related exterior disturbance. Calculation instructions are set forth in Section (g), below. Interior or exterior work that does not require a Water review (Utilities, Engineering-Dev, Engineering-Water, WELS) or includes adding, removing, or changing any water fixtures or impacting a component of the ECU table in Section 25.08.090 No Review or Fee Required. 492 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 16 of 35 (f)Calculating affected area for new construction projects—Affected area shall be calculated as follows: (1)Enter building footprint alteration. Building footprint alteration is defined as a level 2 alteration of work area within the building. (2)Enter new square footage. New square footage is the gross floor area being added to the building or structure as part of the project. (3)Enter building square footage. Building square footage is the building footprint alteration plus the new square footage. Add the amounts calculated in Section (1) and Section (2) of this Subsection (f) to determine building square footage. (4)Enter square footage of the grade floor area of the project. (5)Enter net building square footage. Net building square footage is equal to either the building square footage or the grade floor square footage, whichever is smaller. Enter the smaller of the two (2) numbers calculated in Section (3) or Section (4) of this Subsection (f) to determine net building square footage. (6)Enter the disturbance area. The disturbance area is the exterior area of the building where the ground is disturbed. This includes soil grading, landscaping, removing impervious area, adding impervious area, and replacing impervious areas, layback areas, construction access areas and stockpile areas. (7)Total Affected Area equals the net building square footage plus the disturbance area. To arrive at total affected area, add the values calculated in Section (5) and Section (6) of Subsection (f) of this Section. (g)Calculating utility affected area for remodel/renovation/alteration projects—Utility affected area shall be calculated as follows: (1)Enter utility building footprint alteration. Utility building footprint alteration is defined as a level 2 alteration of work area within the building in which plumbing fixtures are affected. For example, for an interior remodel, the utility building footprint alteration is measured by the total square footage of each room in which plumbing fixtures are added, removed, or otherwise changed. (2)Enter new square footage. New square footage is the gross floor area being added to the building or structure as part of the project. (3)Enter utility building square footage. Utility building square footage is the utility building footprint alteration plus the new square footage. Add the amounts calculated in Section (1) and Section (2) of this Subsection (g) to determine utility building square footage. (4)Enter square footage of the grade floor area of the project. (5)Enter net utility building square footage. Net utility building square footage is equal to either the utility building square footage or the grade floor square footage, whichever is smaller. Enter the smaller of the two (2) numbers calculated in Section (3) or Section (4) of this Subsection (g) to determine net utility building square footage. (6)Enter the disturbance area. The disturbance area is the exterior area of the building where the ground is disturbed. This includes soil grading, landscaping, removing impervious area, adding impervious area, and replacing impervious areas, layback areas, construction access areas and stockpile areas. (7)Total Utility Affected Area equals the net utility building square footage plus the disturbance area. To arrive at total utility affected area, add the values calculated in Section (5) and Section (6) of Subsection (g) of this Section. (h)Definitions: 493 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 17 of 35 (1)Building footprint alteration square footage is the work area portions of an existing building undergoing reconfiguration of space, the reconfiguration or extension of any system, or the installation of any additional equipment. (2)Utility building footprint alteration square footage is the total area of rooms within the building in which any plumbing fixtures are affected. For example, for an interior remodel, the utility building footprint alteration is measured by the square footage of each room in which plumbing fixtures are added, removed, or otherwise changed. (3)New square footage is measured within the inside perimeter of the exterior walls of the new addition under consideration, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features. New square footage includes the exterior usable area under the horizontal project of the roof or floor above not surrounded by exterior walls. (4)Building square footage includes both the building footprint alteration square footage and the new square footage. (5)Utility building square footage includes both the utility building footprint alteration square footage and the new square footage. (6)Grade floor area is measured within the inside perimeter of the exterior walls of a building, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features. Grade floor area includes the exterior usable area under the horizontal projection of the roof or floor above not surrounded by exterior walls. (7)Net building square footage includes both the building footprint alteration square footage and the new square footage; however, the total shall not exceed the area of the grade floor area of the complete new building. (8)Net utility building square footage includes both the utility building footprint alteration square footage and the new square footage; however, the total shall not exceed the area of the grade floor area of the complete new building. (9)Disturbance area is defined by exterior area of the building where the ground is disturbed. This includes, but is not limited to, soil grading, landscaping, removing impervious area, adding impervious area, replacing impervious area, layback areas, construction access areas, and stockpile areas. (10) Affected area is the net building square footage plus the disturbance area, with the net building square footage equaling the smaller of either the building footprint alteration plus the new square footage or the grade floor square footage. (11) Utility affected area is the net utility building square footage plus the disturbance area, with the net utility building square footage equaling the smaller of either the utility building footprint alteration plus the new square footage or the grade floor square footage. (Ord. No. 38-2016; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.12.040. Utility investment charges. (a)The utility investment charge per each equivalent capacity unit (ECU) for each billing area shall be as set forth in Subsection (d) of this Section. (b)The total utility investment charge for a customer shall be the customer's ECU rating multiplied by the charge in Subsection (d). 494 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 18 of 35 (c)Before any water is furnished, pursuant to a utility connection application and permit, Water Department personnel shall inspect the property designated on the application and shall certify on the application that the ECU rating on the application equals the ECU rating for the property as developed. Prior to inspection, water may only be furnished to the property for construction purposes upon proper payment therefor. If the ECU rating for the property as developed is less than the ECU rating on the application, the applicant shall be entitled to a refund of any overpayment of the total utility investment charge, but no refund shall be made of any utility hookup charge or of any water main extension costs, water rights dedication fees, interest on any overpayment or other connection costs because of a reduced ECU rating. If the ECU rating of the developed property is greater than the ECU rating on the application and no larger or additional connections are made, no water shall be furnished until the deficit in the total utility investment charge has been paid. If a larger or additional connection is made, no water shall be furnished until the deficits in the total utility investment charge, the utility hookup charge and all other applicable charges and fees, have been paid. In every case, the Utility Connection Permit shall be amended as necessary to reflect the final ECU rating for the property, and the connections. (d)Utility investment charges (tap fees) are computed as follows: (1)For the purpose of utility investment charge computation, the following fees shall be assessed per ECU effective January 1, 2025: Billing Area 2025 Charges per ECU Billing Area 1 $13,020 Billing Area 2 $26,041 Billing Area 3 $26,041 Billing Area 4 $16,275 Billing Area 5 $22,786 Billing Area 6 $26,041 Billing Area 7 $19,530 Billing Area 8 Reserved The total utility investment charge shall be the utility investment charge per ECU multiplied by the number of ECU points for the utility connection applied for by the applicant. (e)System development charges recommended by the Water Department may be authorized from time to time by the City Council. System development charges are fees intended to provide for additional water system development that is intended to enhance the reliability of City water service to all customers, and may include, for example, well system development fees or plant investment fees. Effective January 1, 2025, Well System Development fees that be calculated at a rate of one thousand nine hundred ninety-two dollars and sixty cents ($1,992.60)/ECU. (Code 1971, § 23-58; Ord. No. 27-1985, § 1; Ord. No. 54-1986, § 1; Ord. No. 34-1988, § 6; Ord. No. 19-1990, § 3; Ord. No. 39-1993, § 5; Ord. No. 30-2012 § 8; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17- 2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.12.060. Utility hookup charge. (a)A utility hookup charge shall be paid to the City to recover the cost of labor and equipment required to make a tap. Effective January 1, 2025, the utility hookup charge shall be as follows: Line Size 2025 Charges 3/4" $2,200.00 495 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 19 of 35 1" $2,700.00 1.5" $3,200.00 2" $5,500.00 4" $7,500.00 6" $9,500.00 8" $11,500.00 (b)In addition to the costs listed above, the cost of the corporation stop, and other materials used in making the tap shall be charged at the actual cost of materials plus a twenty-five percent (25%) handling and stocking charge. The cost of the installation of the corporation stop shall also be included. The water user shall furnish and pay for all other materials, labor and all expenses in and about the making of all connections with the main, including all costs of the service lines and meter installations, except for the specific costs included in the utility hookup charge in this Section. (c)If warranted by unusual or special circumstances, the Water Department may impose special utility hookup charges. (Code 1971, § 23-58; Ord. No. 27-1985, § 1; Ord. No. 54-1986, § 1; Ord. No. 34-1988, § 6; Ord. No. 19-1990, § 3; Ord. No. 39-1993, § 5; Ord. No. 30-2012 § 9; Ord. No. 30-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17- 2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021) Sec. 25.12.090. Requirements for service pipes; location of curb stops. (a)All water service lines shall be laid at least seven (7) feet below the existing grade of the street or ground. (b)No service line shall be covered prior to inspection and approval by the Water Department. (c)All service lines shall have a copper thaw wire of not less than number four (4) gauge installed between the corporation stop and the point of entry to the building in such manner so as to provide an electrical circuit through the service line. (d)No connection inserted in or connected with the service line shall have an inside diameter of less than three- quarters (¾) of an inch and every tap shall be made of brass. The service line shall be of heavy serviceable copper; provided that a substitute material may be permitted by the Water Department, in its sole discretion, on written request. The service line shall extend from the main to the outside line of the sidewalk at which point shall be placed a curb stop with cover and in case the point of delivery is such that there is no sidewalk or if it be in an alley, then the curb stop shall be placed just outside the lot line or at such point as the Water Department shall direct, so that the same shall be accessible to the Water Department for the purpose of turning on or shutting off water without entering on private premises. (e)Water service line bypass piping around existing or future water meters shall be accepted on a limited case- by-case basis and can only be implemented if a water customer has received prior written approval from the Aspen Water department utility. Bypass piping materials and configuration, if pre-approved, shall be installed in accordance with the latest edition of the City of Aspen Water Department Distribution Standards. (f)All inactive city water accounts with pretaps must abandon their pretapped water service line and retap a new water service line prior to activation and acceptance of property's Aspen water service. Exceptions may be granted in cases where the account owner can prove, to the satisfaction of the Water Distribution Superintendent, that the pretap meets the minimum requirements of the latest edition of the City of Aspen Water Distribution Standards. 496 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 20 of 35 (Code 1971, § 23-64; Ord. No. 27-1985, § 1; Ord. No. 30-2012 § 12; Ord. No. 28-2018; Ord. No. 17-2020, § 1, 11-24- 2020) Sec. 25.16.010. Monthly rates for metered water service. All metered water accounts except temporary construction, grandfathered-in, and pre-tap customer accounts shall pay on a monthly basis the sum of charges one (1) through four (4) that follow: (a)Effective in the January 2025 monthly billing, all metered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $7.14 2 2.00 $14.28 3 2.00 $14.28 4 1.25 $8.93 5 1.75 $12.50 6 2.00 $14.28 7 1.50 $10.71 (b)Effective in the January 2025 monthly billing, all metered accounts shall pay a monthly variable charge per ECU as follows: Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Remaining Usage Per ECU Over Per 1,000 Gallons Rate 4,000 $3.97 10,000 $5.09 14,000 $7.29 14,000 $16.41 (c)Effective in the January 2025 monthly billing, all metered accounts within service area pumped zones shall pay a monthly pumping charge per one thousand (1,000) gallons as follows: # of Pumps Rate Per 1,000 Gallons Pumped 1 $3.53 2 $7.06 3 $10.59 (d)Effective in the January 2025 monthly billing, all metered accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $5.20 2 2.00 $10.40 3 2.00 $10.40 4 1.25 $6.50 5 1.75 $9.10 6 2.00 $10.40 7 1.50 $7.80 497 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 21 of 35 (Code 1971, § 23-101; Ord. No. 27-1985, § 1; Ord. No. 48-1986, § 1[A]; Ord. No. 51-1987, § 1; Ord. No. 18-1988, § 1; Ord. No. 34-1988, § 1; Ord. No. 19-1990, § 2; Ord. No. 39-1993, § 6; Ord. No. 45-1999, § 16; Ord. No. 41-2004, § 2 [part]; Ord. No. 7-2006, § 2; Ord. No. 35-2011, § 2; Ord. No. 30-2012 § 20; Ord. No 38-2014, § 1; Ord. No 45-2015 § 1; Ord. No. 38-2016; Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28- 2023) Sec. 25.16.011. Bulk rates for metered water service. (a)Effective in the January 2025 monthly billing, the bulk water sales rate and two-tier structure for Buttermilk Metro District will be: Monthly Block Tiers in Per 1,000 Gallons Rate Per 1,000 Gallons First 2,940,000 gallons $6.15 Over 2,940,000 gallons $14.43 (b)Effective January 1, 2025, the demand charge per fill up for fill station water sales pursuant to Subsection 25.08.020(e) shall be thirty-six dollars and seventy-five cents ($36.75) per day. (c)Effective January 1, 2025, the variable charge for fill station bulk water sales pursuant to Subsection 25.08.020(e) shall be twenty-one dollars and fifty-five cents ($21.55) per one thousand (1,000) gallons. Bulk water charges for service line and mainline leaks/breaks created by non-Utility Department staff will be charged at a rate of twenty-three dollars and ten cents ($23.10) per one thousand (1,000) gallons in areas that are gravity feed, thirty-three dollars ($33.00) per one thousand (1,000) gallons in water service areas that are in a one-pump zone; and, thirty-eight dollars and fifty cents ($38.50) per one thousand (1,000) gallons in areas that are in a two-pump zone. (Ord. No. 45-2015; Ord. No. 38-2016; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28- 2023) Sec. 25.16.012. Raw water rates for general raw water accounts. (a)The raw water rates for non-pressurized raw water irrigation accounts for unmetered service on a per thousand (1,000) irrigated square foot basis to be billed prospectively on an annual basis at the start of each irrigation season are as follows: (b)Effective January 1, 2025, the non-pressurized raw water rate per irrigation season is as follows: Non-Pressurized Raw Water 2025 Rate Per 1,000 Sq. Ft. $51.91 (c)Carriage rates for raw water (refer to "Definitions" section), shall be the same as set forward in Paragraph (d) below except where a valid contract for conveyance of the customer's own water rights provides for a different rate. 498 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 22 of 35 (d)A one-time application and processing fee is due for each Raw Water License Agreement when a new, fully executed agreement has been signed by the owner and a City of Aspen Utilities representative. As of January 1, 2024, the one-time application and processing fee is one hundred fifty dollars ($150.00). (e)It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw water license agreement. Any persons doing so will be subject to a penalty of five hundred dollars ($500.00) for the first offense, one thousand dollars ($1,000.00) for the second offense and one thousand five hundred dollars ($1,500.00) for each additional offense. (Ord. No. 41-2004, § 5; Ord. No. 35-2011, § 3;Ord. No. 30-2012 § 23; Ord. No. 45-2015, Ord. No. 38-2016; Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20- 2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.16.013. Raw water rates for Thomas Raw Water and other pressurized non-potable line accounts. (a)Raw water rates for accounts using the Thomas Raw Water line or any other pressurized, non-potable water line accounts (including reclaimed water) shall be set in accordance with methods established for cost recover recommendations by the American Water Works Association. (b)Where specific rates are established by a valid contract for raw water service and such rates result in a lower cost of service than that provided in Subsection 25.16.012(a), the contractual rate will prevail. (c)All water use from the system requires the installation of an operable water meter. Such uses in place prior to 2009 shall install an operable water meter no later than January 20, 2009. (d)Provisions for billing are as follows: All pressurized raw water accounts shall have a working meter at the beginning of each irrigation season, no later than April 15th. (1)Effective January 1, 2025, metered rates for pressurized raw water accounts for seasonal delivery of non-potable water is as follows: Metered Pressurized Raw Water - Billing to Occur Monthly - May through October 2025 Rate Per 1,000 Gallons $6.01 (2)If the raw water meter required in paragraph (c) above ceases to function properly during the irrigation season, a seasonal bulk water delivery rate has been established as the basis for billing the non-potable pressurized water delivery. Effective January 1, 2025, the unmetered, pressurized raw water rate for seasonal delivery of non-potable water is as follows: Unmetered Pressurized Raw Water - Billing to Occur Monthly - May through October 2025 Rate Seasonal Rate Per 1,000 Sq. Ft. $211.95 Monthly Rate Per 1,000 Sq. Ft. - Based on 6-Month Irrigation Season $35.32 (e)Carriage rates for raw water, (see "Definitions" section), shall be the same as those in Paragraph (d)(1) except where a valid contract provides for alternate method and procedures for billing. (f)It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw water license agreement. Any persons doing so will be subject to a penalty of five hundred dollars ($500.00) for the first offense, one thousand dollars ($1,000.00) for the second offense and one thousand five hundred dollars ($1,500.00) for each additional offense. 499 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 23 of 35 (Ord. No. 41-2004, § 5; Ord. No. 30-2012 § 23; Ord. No. 38-2014 § 3; Ord. No. 45-2015; Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.16.014. Monthly rates for temporary construction water service. All temporary construction water accounts shall pay monthly the sum of charges (a) and (b). (a)Effective in the January 2025 month billing, all temporary construction accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $8.93 2 2.00 $17.85 3 2.00 $17.85 4 1.25 $11.16 5 1.75 $15.62 6 2.00 $17.85 7 1.50 $13.39 (b)Effective in the January 2025 monthly billing, all temporary construction accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $5.20 2 2.00 $10.40 3 2.00 $10.40 4 1.25 $6.50 5 1.75 $9.10 6 2.00 $10.40 7 1.50 $7.80 (c)Construction accounts shall pay demand and fire protection charges for a temporary nine-month period. Variable and pumping charges will be waived for a maximum of nine (9) months, or the duration of the construction project, whichever is less. Construction account ECU's will be based on information shown on the building permit and "review" utility connection permit. (Ord. No. 35-2011 § 4; Ord. No. 30-2012 § 24; Ord. No. 38-2014 § 4; Ord. No. 45-2015; Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.16.015. Monthly rates for grandfathered-in water service All grandfathered-in water accounts shall pay monthly the sum of charges one (1) and two (2). (a)Effective in the January 2025 monthly billing, all grandfathered-in accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 500 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 24 of 35 1 1.00 $7.14 2 2.00 $14.28 3 2.00 $14.28 4 1.25 $8.93 5 1.75 $12.50 6 2.00 $14.28 7 1.50 $10.71 (b)Effective in the January 2025 monthly billing, all grandfathered-in accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $5.20 2 2.00 $10.40 3 2.00 $10.40 4 1.25 $6.50 5 1.75 $9.10 6 2.00 $10.40 7 1.50 $7.80 (Ord. No. 35-2011 § 5; Ord. No. 30-2012 § 26; Ord. No. 38-2014 § 5; Ord. No. 45-2015, Ord. No. 38-2016; Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20- 2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.16.016. Monthly rates for pre-tap water service. All pre-tap water accounts shall pay the sum of charges one (1) and two (2). (a)Effective in the January 2025 monthly billing, all pre-tap accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $7.14 2 2.00 $14.28 3 2.00 $14.28 4 1.25 $8.93 5 1.75 $12.50 6 2.00 $14.28 7 1.50 $10.71 (b)Effective in the January 2025 monthly billing, all pre-tap accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $5.20 2 2.00 $10.40 3 2.00 $10.40 501 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 25 of 35 4 1.25 $6.50 5 1.75 $9.10 6 2.00 $10.40 7 1.50 $7.80 (Ord. No. 35-2011 § 6; Ord. No. 30-2012 § 26; Ord. No. 38-2014 § 6; Ord. No. 45-2015, Ord. No. 38-2016; Ord. no. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20- 2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.16.020. Monthly rates for unmetered water service. All unmetered water accounts shall pay the sum of charges one (1) and two (2). (a)Effective in the January 2025 monthly billing, all unmetered water service accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $127.28 2 2.00 $254.58 3 2.00 $254.58 4 1.25 $159.11 5 1.75 $222.76 6 2.00 $254.58 7 1.50 $190.94 (b)Effective in the January 2025 monthly billing, all unmetered water service accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included)Per ECU Rate 1 1.00 $5.20 2 2.00 $10.40 3 2.00 $10.40 4 1.25 $6.50 5 1.75 $9.10 6 2.00 $10.40 7 1.50 $7.80 (Ord. No. 35-2011, § 6; Ord. No. 30-2012 § 27; Ord. No. 38-2014, § 7; Ord. No. 45-2015, Ord. No. 38-2016; Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20- 2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.16.021 Senior Water Rates. (a)Any qualified senior citizen who so applies shall be entitled to an adjustment in the individual water rates set forth in Sections 25.16.010 and 25.16.020. 502 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 26 of 35 (b)Qualified senior citizen shall be defined by the Pitkin County Social Services Department in consultation with the Pitkin County Senior Services Council. (c)The Utilities Director shall first coordinate with Pitkin County Social Services Department and the Pitkin County Senior Services Council as necessary to ensure that qualified senior citizens are made aware of their eligibility for this program and application procedure is conducive to their participation. (d)A metered residence owned or leased by qualified seniors shall pay on a monthly basis the sum of charges one (1) through four (4) that follow: (1)Effective in the January 2025 monthly billing, all senior metered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included) Percentage of Regular Metered Demand Per ECU Rate 1 1.00 90% $6.43 2 2.00 90% $12.85 3 2.00 90% $12.85 4 1.25 90% $8.03 5 1.75 90% $11.25 6 2.00 90% $12.85 7 1.50 90% $9.64 (2)Effective in the January 2025 monthly billing, all senior metered accounts shall pay a monthly variable charge per ECU as follows: Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Additional Usage Per ECU Up To Per 1,000 Gallons Rate Remaining Usage Per ECU Over Per 1,000 Gallons Rate 4,000 $3.97 10,000 $5.09 14,000 $7.29 14,000 $16.41 (3)Effective in the January 2025 monthly billing, all senior metered accounts within service area pumped zones shall pay a monthly pumping charge per one thousand (1,000) gallons as follows: # of Pumps Rate Per 1,000 Gallons Pumped 1 $3.53 2 $7.06 3 $10.59 (4)Effective in the January 2025 monthly billing, all senior metered accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included) Percentage of Regular Metered Demand Per ECU Rate 1 1.00 90% $4.68 2 2.00 90% $9.36 3 2.00 90% $9.36 503 Created: 2024-04-16 16:57:48 [EST] (Supp. No. 4) Page 27 of 35 4 1.25 90% $5.85 5 1.75 90% $8.19 6 2.00 90% $9.36 7 1.50 90% $7.02 (e)An unmetered residence owned or leased by qualified senior citizens shall pay on a monthly basis the sum of charges one (1) through two (2) that follow: (1)Effective in the January 2025 monthly billing, all senior unmetered accounts shall pay a monthly demand charge per ECU as follows: Billing Area Billing Factor (Included) Percentage of Regular Metered Demand Per ECU Rate 1 1.00 30% $38.18 2 2.00 30% $76.37 3 2.00 30% $76.37 4 1.25 30% $47.73 5 1.75 30% $66.83 6 2.00 30% $76.37 7 1.50 30% $57.28 (2)Effective in the January 2025 monthly billing, all senior unmetered accounts shall pay a monthly fire protection charge per ECU as follows: Billing Area Billing Factor (Included) Percentage of Regular Metered Demand Per ECU Rate 1 1.00 30% $1.56 2 2.00 30% $3.12 3 2.00 30% $3.12 4 1.25 30% $1.95 5 1.75 30% $2.73 6 2.00 30% $3.12 7 1.50 30% $2.34 (Code 1971, § 23-102; Ord. No. 27-1985, § 1; Ord. No. 48-1986, § 1(A) (B); Ord. No. 51-1987, § 2; Ord. No. 1-1988; Ord. No. 8-1990, § 2; Ord. 39-1993, § 7; Ord. No. 35-2011, § 8; Ord. No. 30-2012, § 28; Ord. No. 38-2014, § 8; Ord. No. 45-2015; Ord. No. 38-2016; Ord. No. 27-2017; Ord. No. 28-2018; Ord. No. 24-2019, § 1, 11-26-2019; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.16.022. Late payment charge. (a) Payments for water service, utility investment charges, system development charges, hook-up fees, and utilities review fees shall be due on the 25th of the following month after billed date. Any amount due, but not received by the City by the due date, shall be subject to a past due monthly interest charge of three percent (3%) of the total amount due; subject, however, to a minimum charge of three dollars ($3.00). 504 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 28 of 35 (b) Utility customers shall notify the Utility Department of any change in mailing and contact information associated with their account within thirty (30) days of the change. Failure to provide the Utility Department with accurate contact information shall not exempt the customer from compliance with this Title or any City Utility rules and regulations, or fees and penalties accessed by the Utility, including late fees. (Ord. 36-1996, §§ 2, 3; Ord. No. 45-1999, § 16 (part); Ord. No. 30-2012 § 29, Ord. No. 38-2016; Ord. No. 17-2020, § 1, 11-24-2020; Ord. No. 15-2023, § 1, 11-28-2023) Sec. 25.16.035. Backflow prevention and cross-connection control. (a)The purpose of this backflow prevention and cross-connection control program is to protect the City's water system from contaminants or pollutants that could enter the distribution system by backflow from a customer's water supply system through the service connection. As a supplier of public drinking water, the City of Aspen has the authority to survey all service connections within the City's water distribution system to determine whether any connection is a cross-connection; to control all service connections within the distribution system that are cross-connections; to charge a fee for the administration of the cross-connection control program; to maintain records of surveys and the installation, testing and repair of all backflow prevention assemblies permitted or required under this program; and to administer, implement and enforce the provisions of this cross-connection control program. (b)The provisions of this Section apply to all commercial, industrial, multi-family, and single-family residential service connections with the City's potable water system. (c)Definitions: Active Date means the first day that a backflow prevention assembly or backflow prevention method is used to control a cross-connection in each calendar year. Air Gap is a physical separation between the free-flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel installed in accordance with standard AMSE A112.1.2. Backflow means the undesirable reversal of flow of water or mixtures of water and other liquids, gases, or other substances into the public water systems distribution system from any source or sources other than its intended source. Backflow Contamination Event means backflow into a public water system from an uncontrolled cross connection such that the water quality no longer meets the Colorado Primary Drinking Water Regulations or presents an immediate health and/or safety risk to the public. Backflow Prevention Assembly means any mechanical assembly installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the mechanical assembly is appropriate for the identified contaminant or pollutant at the cross connection and is an in-line field-testable assembly. Backflow Prevention Method means any method and/or non-testable device installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the method or non-testable device is appropriate for the identified contaminant or pollutant at the cross connection. Certified Cross-Connection Control Technician means a person who possesses a valid Backflow Prevention Assembly Tester certification from one of the following approved organizations: American Society of Sanitary Engineering (ASSE) or the American Backflow Prevention Association (ABPA). If a certification has expired, the certification is invalid. 505 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 29 of 35 Containment means the installation of a backflow prevention assembly or a backflow prevention method at any connection to the City's water system that supplies an auxiliary water system, location, facility, or area such that backflow from a cross connection into the City's water system is prevented. Containment by Isolation means the installation of backflow prevention assemblies or backflow prevention methods at all cross connections identified within a customer's water system such that backflow from a cross connection into the City's water system is prevented. Controlled means having an appropriate and properly installed, maintained, and tested or inspected backflow prevention assembly or backflow prevention method that prevents backflow through a cross connection. Cross Connection means any connection that could allow any water, fluid, or gas such that the water quality could present an unacceptable health and/or safety risk to the public, to flow from any pipe, plumbing fixture, or a customer's water system into a public water system's distribution system or any other part of the public water system through backflow Multi-Family means a single residential connection to the City water system's distribution system from which two (2) or more separate dwelling units are supplied water. Service Connection means any connection of a water supply or premises plumbing system to the City of Aspen's water distribution or system. Single-family means: (1)A single dwelling which is occupied by a single family and is supplied by a separate service line; or (2)A single dwelling comprised of multiple living units where each living unit is supplied by a separate service line. Uncontrolled means not having an appropriate and/or properly installed and maintained and tested or inspected backflow prevention assembly or backflow prevention method, or the backflow prevention assembly or backflow prevention method does not prevent backflow through a cross connection. Water Supply System means a water distribution system, piping, connection fittings, valves and appurtenances within a building, structure, or premises. Water supply systems are also referred to commonly as premises plumbing systems. (d)Requirements: (1)Commercial, industrial, multi-family, and single-family service connections shall be subject to a survey for cross connections. If a cross connection has been identified, an appropriate backflow prevention assembly and or method shall be installed at the customer's water service connection within ninety (90) days of its discovery. The assembly shall be installed downstream of the water meter or as close to that location as deemed practical by the public water system. If the assembly or method cannot be installed within ninety (90) days, the Utilities Department shall take action to control or remove the cross connection, suspend service to the cross connection, and/or receive an alternative compliance schedule from the Colorado Department of Public Health and Environment. (2)In no case shall it be permissible to have connections or tees between the meter and the containment backflow prevention assembly, unless such connections or tees are adequately controlled to achieve containment by isolation. a.In instances in which an appropriate backflow preventer cannot be installed to achieve containment, the property owner must install approved backflow prevention devices or methods at all cross-connections within the premises plumbing system to achieve containment by isolation. 506 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 30 of 35 (3)Backflow prevention assemblies and methods shall be installed in a location which provides access for maintenance, testing, and repair, and in accordance with the guidelines and requirements set forth in the Plumbing Code currently observed by the City of Aspen. (4)Reduced pressure principle backflow preventers shall not be installed in a manner or location that is subject to flooding. (5)Provisions shall be made to provide adequate drainage from the discharge of water from reduced pressure principle backflow prevention assemblies. Such discharge shall be conveyed in a manner which does not impact waters of the state. (6)All assemblies and methods shall be protected to prevent freezing. Those assemblies and methods used for seasonal services may be removed upon cessation of those seasonal services in lieu of being protected from freezing. Any and all assemblies and methods that are removed from seasonal points of service in lieu of being protected from freezing must be reinstalled and tested by a certified cross connection control technician prior to recommencing seasonal service. (7)Where a backflow prevention assembly or method is installed on a water supply system using storage water heating equipment such that thermal expansion causes an increase in pressure, an approved, listed, and adequately sized expansion tank or other approved device having a similar function to control thermal expansion shall be installed. (8)All backflow prevention assemblies shall be inspected and tested at the time of installation and inspected and tested at least once annually thereafter. Such tests must be conducted by a Certified Cross-Connection Control Technician. Backflow Inspectors are required to tag inspected backflow assemblies indicating date of inspection, a pass/fail designation, and their certification information. This tag requirement includes PVBs on irrigation systems. (9)The City Utilities Department shall require inspection, testing, maintenance and as needed repairs and replacement of all backflow prevention assemblies and methods, and of all required installations within a customer's premises plumbing system in the cases where containment assemblies and or methods cannot be installed. City Utilities customers shall be charged up to fifty dollars ($50.00) per day fee for non-compliant and/or uninspected backflow assemblies past the twelve-month required inspection date. (10) All costs for design, installation, maintenance, testing and as needed repair and replacement are to be borne by the customer. (11) No grandfather clauses exist except for fire sprinkler systems in which the installation of a backflow prevention assembly or method will compromise the integrity of the fire sprinkler system. (12) All building plans for new buildings must be submitted to the City of Aspen Water and Engineering Departments for review and must be approved by both Departments prior to the provision of water service. Building plans must show: a.Water service type, service line size, and location; b.Water meter size and location; c.Backflow prevention assembly size, type, and location; d.Fire sprinkler system type, line size, location, and type of backflow prevention assembly. (13) All fire sprinkler lines shall have a minimum protection of an approved double check valve assembly for containment of the system. (14) All glycol (ethylene or propylene), or antifreeze systems shall have an approved reduced pressure principle backflow preventer for containment. 507 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 31 of 35 (15) Dry fire systems shall have an approved double check valve assembly installed upstream of the air pressure valve. (16) In cases wherein the installation of a backflow prevention assembly or method will compromise the integrity of the fire sprinkler system, the City Utilities Department can choose to not require the backflow protection. In such cases, the City Utilities Department will measure chlorine residual at a location representative of the service connection once a month and perform periodic bacteriological testing at the site. If the City Utilities Department suspects water quality issues, the Department will evaluate the practicability of requiring that the fire sprinkler system be flushed periodically and require such flushing where practicable. (e)Backflow prevention assemblies or methods shall be tested by a certified cross-connection control technician upon installation and tested at least once annually thereafter. The tests shall be conducted at the expense of the customer. (1)Any backflow prevention assemblies or methods that are non-testable shall be inspected at least once annually by a certified cross-connection control technician and replaced at least every five (5) years by a master plumber. The inspections and replacements shall be made at the expense of the customer. (2)As necessary, backflow prevention assemblies or methods shall be repaired and retested or replaced and tested at the expense of the customer whenever the assemblies or methods are found to be defective. (3)Testing gauges shall be tested and calibrated for accuracy at least once annually. (f)Reporting and Recordkeeping: (1)Copies of records of test reports, repairs and retests, or replacements shall be kept by the customer for a minimum of three (3) years. (2)Copies of records of test reports, repairs and retests shall be submitted to the Utilities Department by mail, e-mail, or hand-delivery by the testing company or testing technician. (3)Information on test reports shall include, but may not be limited to, a.Assembly or method type b.Assembly or method location c.Assembly make, model and serial number d.Assembly size e.Test date; and f.Test results including all results that would justify a pass or fail outcome g.Certified cross-connection control technician certification agency h.Technician's certification number i.Technician's certification expiration date j.Test kit manufacturer, model, and serial number k.Test kit calibration date (4)The Utilities Department must notify the Colorado Department of Public Health and Environment's Water Quality Control Division (CDPHE) of any suspected or confirmed backflow contamination event and consult with the CDPHE on any appropriate corrective measures no later than twenty-four (24) hours after learning of the backflow contamination event. The Utilities Department shall notify the 508 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 32 of 35 CDPHE within forty-eight (48) hours after it becomes aware of any backflow prevention and cross- connection control violation or any backflow prevention and cross-connection control treatment technique violation. The CDPHE shall distribute public notice of violations as specified in and required by Colorado Primary Drinking Water Regulation 11. (g)A properly credentialed representative of the City Utilities Department shall have the right-of-entry to survey any and all buildings and premises for the presence of cross-connections and/or possible contamination risks or hazards, and for determining compliance with this Section. This right-of-entry shall be a condition of water service from the City in order to protect the health, safety, and welfare of customers throughout the City's water distribution system. (h)Compliance: (1)Customers shall cooperate with the installation, inspection, testing, maintenance, and as needed repair and replacement of backflow prevention assemblies and with the survey process. For any identified uncontrolled cross-connections, the Utilities Department shall complete one of the following actions within ninety (90) days of its discovery: a.Control the cross connection b.Remove the cross connection c.Suspend service to the cross connection (2)The Utilities Department shall give notice of violation in writing to any owner whose plumbing system has been found to present a risk to the City's water distribution system through any uncontrolled cross connection(s). The notice shall state that the owner must install a backflow prevention assembly or method at each service connection to the owner's premises to achieve containment, or that the owner must install a backflow prevention assembly on each cross-connection hazard on the premises plumbing system to achieve containment by isolation. The notice of violation will give a date by which the owner must comply. a.In instances in which a backflow prevention assembly or method cannot be installed to achieve containment, the owner must install approved backflow prevention assemblies or methods at all cross-connections within the owner's water supply system to achieve containment by isolation. The notice of violation will give a date by which the owner must comply. (3)On or before May 1, 2017, and on or before May 1 of each year thereafter, the Utilities Department shall develop and submit to the Colorado Department of Public Health and Environment its written backflow prevention and cross-connection control annual report for the prior calendar year, as required by Colorado Primary Drinking Water Regulation 11. (b) Violations and Penalties: (1)A violation of any of the provisions of the Code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and improvement, as set forth in Section 1.04.080 of this Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. (2)In addition to penalties set forth in this section, failure to comply with the terms of this Code, including, but not limited to, failure to pay the necessary fees, charges and taxes, and failure to otherwise comply with the terms of this Code e shall constitute an offense and a violation thereof. Violation of this Code 509 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 33 of 35 may result in an administrative fine of not less than fifty dollars ($50.00) per day per assembly added as a fee to the customer’s monthly bill. (3)Failure of the customer to cooperate in the installation, maintenance, testing, or inspection of backflow prevention assemblies required by these standards shall be grounds for the discontinuation of water service to the premises or the requirement. treated water service shutoff, and placement onto the unmetered water rate. Delinquency for each calendar month shall constitute a separate offense. (3)Service of water to any premises may be discontinued by the Utility Director if unprotected cross- connections exist on the premises. When a defect is found in an installed backflow prevention assembly, or if a backflow prevention assembly has been removed or bypassed, the service may be discontinued. Service shall not be restored until such conditions or defects are corrected. (5)Discontinuation of service may be summary, immediate, and without written notice whenever, in the sole discretion of the Director, such action is necessary to protect the purity of the public potable water supply or safety of the water system. ( Ord. No. 38-2016 ; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021; Ord. No. 16-2022 , § 1, 11-29-2022) Sec. 25.30.030. Applicability. (a)After June 22, 2017, the City of Aspen Water Efficient Landscaping standards shall apply to the following projects that use City of Aspen potable water, as well as to Aspen raw water accounts utilizing City-owned water rights: (1)Landscaping, grading, installing or disturbing hardscapes, additions to structures, etc. that has a disturbance area greater than one thousand (1,000) square feet and greater than twenty-five percent (25%) of the entire lot or parcel. (2) Permit applications with more than ten thousand (10,000) square feet of affected area, which is defined as the square footage of the building footprint, plus the square footage of exterior disturbance. (2)All building permits that trigger a "substantial remodel" per Title 25 of the Municipal Code, defined as the increase by fifty percent (50%) or more in the water using capacity of new water using devices or `fixtures installed on a property, as measured by the ECU rating of the existing and proposed structure(s). (3)All permit applications with internal work only that demolishes greater than 50% of the existing structure, (based on the entire square footage of rooms where floors, ceilings, or walls are exposed over the square footage of the structure). (Ord. No. 18-2002 § 3 [part]; Ord. No. 17-2018; Ord. No. 28-2018; Ord. No. 9-2020, 1-28-2020; Ord. No. 9- 2020, § 1, 1-28-2020; Ord. No. 20-2021, § 1, 11-23-2021; Ord. No. 16-2022, § 1, 11-29-2022) Sec. 25.30.085. Requirements for temporary irrigation water service agreements. (a)Temporary Irrigation Water Service Agreements.Based on the terms and conditions of an approved city water user's Temporary Irrigation Water Service Agreement, the city will provide treated water service to the subject property for purposes of temporary irrigation of a predetermined amount of irrigated square feet for a predetermined period of time. The location, amount, plants, specifications, etc. of 510 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 34 of 35 planned temporary irrigation on the subject property will be reviewed and approved prior to executing a Temporary Irrigation Water Service Agreement. A twenty-five thousand dollar ($25,000.00) deposit from property owner is also required prior to the city executing a Temporary Irrigation Water Service Agreement with an existing water customer for a parcel already receiving city water. (b)Water accounts that have an active Temporary Irrigation Water Service Agreement as of January 1st, 2025, shall be charged a ten dollar ($10.00) monthly fee until such temporary agreement is dissolved. (Ord. No. 15-2023, § 1, 11-28-2023) Section 2. Any and all existing ordinances or parts of ordinances of the City of Aspen covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. Section 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City of Aspen hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. Section 4. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. Section 5. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinance repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ, ORDERED AND PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of November, 2024. Attest: Nicole Henning, City Clerk Torre, Mayor 511 Created: 2021-06-27 06:59:57 [EST] (Supp. N0. 2, Update 1) Page 35 of 35 FINALLY, adopted, passed, and approved this 19th day of November, 2024. Attest: Nicole Henning, City Clerk Torre, Mayor Approved as to form: James R. True, City Attorney 512 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Haley Hart, Long-Range Planner THROUGH: Ben Anderson, Deputy Community Development Director MEMO DATE: November 4, 2024 MEETING DATE: November 12, 2024 RE: Ordinance #14, Series of 2024 Response to House Bill 23-1255 REQUEST OF COUNCIL: Staff requests City Council review and approve the proposed ordinance at First Reading. Within Ordinance #14, Series of 2024, is Exhibit A, the proposed amendment to Land Use Code (LUC) Section 26.470 - Growth Management Quota System, and Exhibit B, the proposed amendment to LUC Section 26.212.010 – Powers and duties, which in their current text, are not in compliance with HB23-1255. SUMMARY AND BACKGROUND: History of GMQS Affordable housing and the concept of development allotments in Aspen dates to the 1977 adoption of the Growth Management Quota System (GMQS). Since then, inclusionary zoning, affordable housing mitigation requirements, and the assessment of impact fees on development for the provisions of affordable housing have become keystones of Aspen’s approach to maintaining community character, social equity, and a functional in- town economy – and regulating “growth”. This is basis for this concept of affordable housing mitigation, which is captured within Chapter 26.470 - Growth Management Quota System, and has historically been tied to the concept of a ‘growth rate’ as illustrated through an allotment system. The initial response to growth in the Aspen area was based on a description of things that residents were seeing and feeling in the late 60s and early 70s. Traffic was increasing, new homes were being built, new businesses were coming to town, skier visits were increasing, population was growing. Conversations about infrastructure’s capacity to serve these developments were being held as were calculations made about how to pay for necessary expansions of infrastructure to meet increasing demands. Following innovative approaches from communities like Petaluma, CA and Ramapo, NY, Aspen and Pitkin County established a series of policies to define and limit growth. Many types of policies emerged from this effort, but most central to our current discussion, the 1977 Plan 513 Ordinance #14, Series of 2024 1st Reading Memo, Response to HB23-1255 Page 2 of 5 recommended annual quotas (or “allotments”) for the City of Aspen based on the phasing of development types: • Free Market Residential 39 units • Lodging Pillows 18 units • Commercial building potential 24,385 square feet These numbers were arrived at by examining building potential based on zoning at the time and allocating 80% of this potential over a period of 15 years. These numbers have changed overtime as a response to development pressures and availability for development. In their current, these allotments, which live within the GMQS chapter are: • Free Market Residential 13 units • Lodging Pillows 112 units • Commercial building potential 33,300 square feet Requests and applications for allotments are now reviewed annually by the planning staff, yet as Table 1 illustrates, only 5% of the free market residential allotments have been utilized over the last 7 years. The historic nexus between the granting of an allotment and the mitigation that development must pay has been critical in the City’s affordable housing program. Yet, that nexus has become less potent as there are limited opportunities within the City to develop a single-family residence on a property for the first time. Recently, the allotment system for free market residential growth has not been highly used as the City’s majority of mitigation is captured through re-development rather than first-time development opportunities. Utilized Free Market Residential GMQS Allotments Year: Allotment # Allocated: 2017 0 2018 1 2019 1 2020 2 2021 0 2022 1 2023 0 Table 1, Utilized Free Market Residential GMQS Allotments The context for this history of GMQS interrelated to a Colorado House Bill which invalidates these annual free market residential GMQS allotment. House Bill 23-1255 A Colorado land use bill, House Bill 23-1255, titled Regulating Local Housing Growth Restrictions, passed on June 7, 2023, in the 2023 legislative session. HB23-1255 preempts existing home rule regulations that limit the number of residential land use 514 Ordinance #14, Series of 2024 1st Reading Memo, Response to HB23-1255 Page 3 of 5 applications or building permits using growth caps. The intent of the law is to increase housing supply across communities in Colorado. This bill overrides all existing laws that limit the number of free market residential permits or construction projects that a city approves per year. The City of Aspen’s Land Use Code (LUC) is intended to incorporate and implement home rule authority vested in the City under Article XX of the Colorado Constitution and the Home Rule Charter of the City. Within the City’s LUC are regulations that are impacted by HB23-1255, specifically the City’s GMQS under Title 26. This system oversees the City’s development allotment process, subdivision procedures, employee generation rates, and affordable housing mitigation and fees, among other aspects of the code. GMQS-related provisions have long served as a foundation of Aspen’s LUC and are referenced in various ways throughout. It is important to note that HB23-1255 only relates to free market residential development. The most significant consequence of HB23-1255 is the intersection between the GMQS and how the City captures housing mitigation fees tied to new residential development allotments, and redevelopment scenarios. During the legislative process, an amendment was specifically included and adopted that recognized Aspen’s system of connecting growth limits with affordable housing mitigation. Aspen area residents have long determined that growth and development must be managed to ensure the long-term negative consequences associated with development, redevelopment, and that its impacts are minimized and mitigated. Aspen’s GMQS has been at the center of these efforts. It is staff’s intent in this process to ensure that the City continues to fulfill these community expectations, while bringing the LUC into conformance with the state legislation. STAFF DISCUSSION: On June 20, 2023, City Council passed Ordinance #11, Series of 2023, which implemented a non-renewable, temporary anti-growth law, preserving the current LUC and specifically GMQS for a 24-month period while staff conducted research to restructure Title 26 to bring it into compliance with HB23-1255. Staff has now completed a thorough review and redline of Title 26 to ensure that the City’s residential development allotment process is no longer referenced nor in conflict with HB23-1255. Staff has made the minimal edits possible by removing in its entirety the Residential Development Within the City annual allotments table and all interrelated mentions within Title 26. By doing so, the LUC no longer ‘restricts’ the amount of allowable free market residential allotments, which was set as a 0.5% growth increase per year. Staff would like to make clear, that as our community is nearly built out on developable residential lots, the annual allotments for residential development has not been a highly used component of Chapter 26.470, therefore staff does not find that the removal of this table and interrelated mentions changes the outcomes of capturing affordable housing mitigation. Undeveloped lots within the City already have a development allotment 515 Ordinance #14, Series of 2024 1st Reading Memo, Response to HB23-1255 Page 4 of 5 associated with the property; therefore, undeveloped lots need not secure an allotment. Projects that this will directly effect are subdivisions and multi-family development/re- development. These two types of development scenarios have historically been required to have allotments granted to increase the density of the parcel, yet again, only 5% of free market allotments have been used in the past 7 years. Since affordable housing mitigation is captured through the development/redevelopment inclusionary zoning standards and impact fees, and not necessarily through the ‘giving of an allotment,’ staff finds that these redlines do not change policy outcomes within GMQS. The sole effect of these redlines is to bring the code into full compliance with HB23-1255. Other interrelated edits staff would like to highlight are Section’s 26.470.080.d.11.vi and 26.470.140.f. In Section 26.470.080.d – Affordable housing mitigation, staff found that during the 2021-2022 Moratorium, an accidental edit was included in the final version of the text which eliminated the Category 4 restriction for commercial and lodge mitigation. The reintroduction of this language is an exact replica of what was accidentally deleted and does not change the status quo on how commercial or lodge development is mitigated. In Section 26.470.140.f. – Reconstruction limitations, the deletion of subsection f which allows for the conversion of residential credits to lodge credits is eliminated completely as there will no longer be residential credits available to convert. Staff finds the number of lodge allotments, 112 units annually, will be sufficient for future development. The sole mention of residential allotments in Title 26 outside of GMQS is in Section 26.212.010 – Powers and duties (of the Planning and Zoning Commission). The single change is in removing the word ‘residential’ as it pertains to the granting of an allotment. The effect of the redlines in Chapter 26.470 – Growth Management Quota System, and Section 26.212.010 – Powers and duties, is to bring the code into full compliance with HB23-1255. P&Z AND HPC RECCOMENDATIONS: There are a number of steps prescribed in the LUC for amending the Code. The LUC requires that the P&Z and HPC serve as an advisory body for City Council, reviewing and commenting on LUC changes before they are presented to Council. At a meeting on October 9, 2024, HPC approved Resolution #12, Series of 2024 and recommended that City Council approve Ordinance #14 by a vote of 7-0. At a meeting on October 15, 2024, P&Z approved Resolution #10, Series of 2024 and recommended that City Council approve Ordinance #14 by a vote of 5-0. Neither HPC nor P&Z had edits or suggestions to provide to City Council for discussion. Both P&Z and HPC gave formal recommendations that City Council approve Ordinance #14, Series of 2024. Resolutions from P&Z and HPC will be available at Second Reading. FINANCIAL IMPACTS: N/A 516 Ordinance #14, Series of 2024 1st Reading Memo, Response to HB23-1255 Page 5 of 5 ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: N/A RECOMMENDATIONS: Staff recommends that City Council consider the amendments proposed. At First Reading, City Council will be given the opportunity to ask questions and discuss the merits of the proposed code provisions. Staff will be prepared to provide responses during the First Reading discussion or to bring any additional requested information back to City Council for Second Reading. Staff recommends that Council approve Ordinance #14, Series of 2024, on First Reading. CITY MANAGER COMMENTS: EXHIBITS: Ordinance #14, Series of 2024 A – Draft Code Amendment – Section 26.470 - Growth Management Quota System B – Draft Code Amendment – Section 26.212.010 – Powers and duties C – Text, House Bill 23-1255 517 Ordinance #14, Series of 2024 Response to Colorado HB23-1255 Page 1 of 3 ORDINANCE #14 SERIES OF 2024 AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO GROWTH MANAGEMENT QUOTA SYSTEM, PLANNING AND ZONING COMMISSION POWERS AND DUTIES, AND OTHER RELATED SECTIONS FOR THE PURPOSE OF CONFORMING WITH THE PROVISIONS OF COLORADO HOUSE BILL 23-1255 WHEREAS, the City of Aspen (the “City”) is a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the “Charter”); and, WHEREAS, the zoning and land use powers conferred upon the City by the State of Colorado as a Home Rule Municipality empower the City to manage land use to ensure the public health, safety, and welfare; and, WHEREAS, the City of Aspen currently regulates land uses within the City limits in accordance with the Aspen Land Use Code (hereinafter "Land Use Code"), Title 26 of the Aspen Municipal Code, adopted pursuant to its Home Rule Constitutional authority and the Local Government Land Use Control Enabling Act of 1974, as amended, §§29-20-101, et seq. C.R.S; and, WHEREAS, the Land Use Code requires periodic amendments to ensure it supports adopted City policy, is aligned with the community vision, and responds to changes in state legislation; and, WHEREAS, the City of Aspen has for more than 40 years, regulated growth and mitigated the impacts of development utilizing the Growth Management Quota System (GMQS); and, WHEREAS, the Land Use Code, and particularly, aspects of the GMQS have been regularly amended in response to community interests as expressed in the Aspen Area Community Plan; and, WHEREAS, across this history of Land Use Code amendments, elements of and references to the GMQS have been included within various chapters of the Land Use Code; and, WHEREAS, on June 7, 2023, the Colorado State Governor adopted HB23-1255, titled Regulating Local Housing Growth Restrictions; and, WHEREAS, on June 20, 2023, City Council passed Ordinance #11, Series of 2023 adopting a temporary, nonrenewable anti-growth law for the purpose of amending or developing land use plans covering residential development for a two-year period; and, WHEREAS, on August 7, 2023, HB23-1255 became effective; and 518 Ordinance #14, Series of 2024 Response to Colorado HB23-1255 Page 2 of 3 WHEREAS, this state law preempts local jurisdictions from implementing or enforcing “anti-growth” land use or building permit limitations for residential development with the intention of encouraging affordable housing in communities across Colorado; and, WHEREAS, the passage of the state law invalidates components of Aspen’s Land Use Code, in particular, the annual allotment system for residential development within GMQS; and, WHEREAS, Community Development staff has thoroughly evaluated the intersection of HB23-1255 with Aspen’s Land Use Code and the specific provisions of the GMQS and recommends a response that brings the Land Use Code and provisions of GMQS into compliance; and, WHEREAS, Community Development staff proposed edits to GMQS, removing all mentions and interrelated subsections which reference the annual allotment system for free market residential development; and WHEREAS, this Ordinance does not alter policy outcomes within the Aspen’s Land Use Code outside of the deletion of said residential allotments. The sole effect of this Ordinance is to bring the code into full conformance with Colorado HB 23-1255; and WHEREAS, at a regular meeting on October 9, 2024, the Historic Preservation Commission considered the amended code, and reviewed staff’s memo, and by a seven to zero (7- 0) vote approves Resolution #12, Series of 2024, recommending Council consideration and approval of Ordinance #14, Series of 2024; and, WHEREAS, at a regular meeting on October 15, 2024, the Planning and Zoning Commission considered the amended code, and reviewed staff’s memo, and by a five to zero (5- 0) vote approves Resolution #10, Series of 2024, recommending Council consideration and approval of Ordinance #14, Series of 2024; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Section 26.470 – Growth Management Quota System Section 26.470 shall be rescinded and readopted as follows in Exhibit A. Section 2: Section 26.212.010.f – Powers and duties Section 26.212.010.f shall be rescinded and readopted as follows: (f) To review and grant allotments for office, commercial and lodge pursuant to growth management quota system (GMQS), pursuant to Chapter 26.470; 519 Ordinance #14, Series of 2024 Response to Colorado HB23-1255 Page 3 of 3 Redlines are in Exhibit B. Section 3: Any scrivener’s errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 4: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A public hearing on this ordinance was held on the 17th day of December 2024, at a regular meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of November 2024. ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY, adopted, passed and approved this 17th day of December 2024. _______________________________ Torre, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ______________________________ Nicole Henning, City Clerk James R. True, City Attorney 520 Chapter 26.470. - GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) Sec. 26.470.010. - Purpose. The purposes of this Chapter are to: (a) implement the goals and policies for the City and the Aspen Area Community Plan; (b) ensure that growth and development occurs in an orderly and efficient manner in the City; (c) ensure sufficient public facilities are present to accommodate growth and development; (d) ensure that growth and development is designed and constructed to maintain the character and ambiance of t he City; (e) ensure the presence of an adequate supply of affordable housing, businesses and events that serve the local, permanent community and the area's tourist base; (f) ensure that growth and development does not overextend the community's ability to provide support services, including employee housing, traffic control and parking; and (g) ensure that the resulting employees generated and impacts created by development and redevelopment are mitigated by said development and redevelopment. (Ord. No. 13-2022, § 7, 6-28-2022) Sec. 26.470.020. - Terminology. (a)Growth management year. A year period, lasting from January 1 through December 31, which constitutes the time period that each year's development allotments are available. (b)Development categories. All development falls into one (1) of four (4) land use categories, which are outlined in Table 1. Table 1 establishes the development categories and units of allocation for each category for purposes of administering this Chapter. Category Description Allocation Units 1. Residential Uses A. Residential - Free-Market Dwelling units intended exclusively for residential purposes, not subject to any residency requirements and not including hotels, or lodging. Units may be in the form of single-family, duplex, multi-family or part of a mixed- use structure. (See definitions of Residential use and Dwelling, Sections 26.104.100 and 26.104.110.) Dwelling units i. Single-family and Duplex Demolition Dwelling units that are demolished and redeveloped pursuant to Chapter 26.580 and subject to Section 26.470.090. These allotments are a subset of the total Residential, Free-Market allotment total. (See definition of Demolition, Section 26.104.100) Dwelling units B. Residential - Affordable Housing Dwelling units intended to house only local working residents that are deed restricted according to the Aspen/Pitkin County Housing Authority Guidelines. Units may be in the form of single -family, duplex, multi- family, dormitory or part of a mixed-use structure. (See definition of Affordable housing, Sections 26.104.100 and 26.104.110.) Dwelling units 2. Commercial Buildings, or portions thereof, supporting office, retail, warehousing, manufacturing, commercial recreation, restaurant/bar or service oriented businesses, including retail and office uses but not including hotel or lodging uses. (See definition of Commercial use, Sections 26.104.100 and 26.104.110.) Net leasable square feet Exhibit A 521 (c) Table 1, Development Categories. TABLE 1, Development Categories. (d) Annual development allotment. Each growth management year's potential growth within the City, applied to each type of land use. This is a unit of measurement applied to each type of applicable land use that, if granted, allows the specific development proposal to move forward in the review process. The number of development allotments for each land use is established in Table 2 below. See also Section 26.470.040, Allotment Procedure. (e) Carry-forward allotment. The number of unused and unclaimed growth management allotments for each type of development that the City Council determines should be brought forward, or rolled -over, into the next growth management year. Procedures for carry-forward are established in Section 26.470.120, Yearly Growth Management Accounting Procedures. (f) Full time equivalent (FTE). A unit of measurement standardizing the workloads of employees. In this Chapter, FTEs refer to the number of employees generated or housed by development. (Ord. No. 13-2022, § 7, 6-28-2022) Sec. 26.470.030. - Applicability and prohibitions. This Chapter shall apply to all development in the City unless exempted in Section 26.470.070, Exempt Development. Category Description Allocation Units 3. Lodging Buildings, or portions thereof, used to house a transient tourist population on a short-term basis, including lodges, hotels, motels, bed and breakfasts, and timeshare development. (See definition of Hotel, Sections 26.104.100 and 26.104.110.) Lodging pillows. (Each lodging bedroom shall be considered to be two (2) pillows.) 4. Essential Public Facilities Facilities serving essential public purposes used by or for the benefit of the general public and serving the needs of the community. (See definition of Essential public facility, Sections 26.104.100 and 26.104.110.) Square feet 522 (a) Number of development applications. No more than one (1) application for growth management allotments on any one (1) parcel shall be considered concurrently. To submit a new application, any active growth management application for the same property must be vacated. (b) Number of growth management allocations. No more than one (1) project shall be entitled to growth management allotments on any one (1) parcel concurrently. In order to entitle a different project on the same parcel, existing growth allotments must be vacated. (Also see Section 26.470.150 , Amendment of a Growth Management Development Order.) (c) No automatic "resubmission" of growth management applications. Applications shall only be eligible for growth allotments within the growth management session in which they are submitted and shall not automatically become eligible for allotments in future sessions or future years. Applications must be resubmitted in o rder to be eligible for allotments in the next session or next year, as applicable. Resubmission shall effect a new submission date. (d) Subdivision and other required land use reviews. Projects requiring additional land use reviews, including Conceptual Commercial Design Review, pursuant to Chapter 26.412, Commercial Design Standards, Conceptual Review by the Historic Preservation Commission, pursuant to Chapter 26.415, Historic Preservation, Project Review or Detailed Review, pursuant to Chapter 26.445, Planned Development, and Subdivision, pursuant to Chapter 26.480, Subdivision, may be reviewed concurrently with review for growth management, pursuant to Section 26.304.060(b)(1). (e) No partial approvals. In order for a project to gain approval, sufficient allotments for every element of the project must be obtained. No partial approvals shall be granted. In circumstances where a proposal requires allotments be granted for various types of uses within the project, the reviewing body shall not grant approval unless allotments for every type of use are available. For example: If a proposal requires that allotments be granted for free-market residential units, lodging, affordable housing units and commercial space, and there are no remaining allotments for lodging free-market residential for the year, the project shall be tabled until such time as allotments are available. In the above example, the project shall be tabled in total and not granted allotments for the affordable housing units or the commercial space. Similarly, a project requiring ten thousand (10,000) square feet of commercial allotments when only five thousand (5,000) square feet of commercial allotments remain shall be tabled until such time as allotments are available. Also see multi -year allotments below. (f) Multi-year growth allotments. Projects requiring development allotments in excess of the annual allotment may be granted a multi -year allotment, pursuant to Section 26.470.110(a), or may gain allotments over a multi -year period, provided that the allotment gained in any one (1) year shall not exceed the annual allotment. 523 (g) For example, a project requesting fifty thousand (50,000) square feet of commercial space may request either a one -time, multi-year allotment of fifty thousand (50,000) square feet or may request approval in the first year for twenty -five thousand (25,000) square feet and request approval for the remaining twenty -five thousand (25,000) square feet in a subsequent year through a multi -year allotment. Gaining allotments in any year shall not guarantee that allotments will be granted in later years for the same project. Projects requiring a multi -year allotment shall not be granted a development order until all elements of the project have been granted a llotments. If the design of a project changes prior to receiving the full allotment needed for a development order, the reviewing body shall determine if the changes are acceptable or if the change invalidates the previously granted allotment and requires a resubmission for allotments. Applications for each year's allotment need to be submitted, and there shall be no preferential status given to a project granted partial allotment. Projects that do not require allotments in excess of the annual allotment shall not be eligible to gain partial allotments. See No partial approvals above. (h) Non-assignability of growth allotments. Development allotments obtained pursuant to this Chapter shall not be assignable or transferable independent of the conveyance of the real property on which the development allotment has been approved. (i) No reduction in mitigation requirements. Notwithstanding Section 26.470.110(d), Essential Public Facilities, an applicant may not request a reduction in the mitigation requirements of this Chapter. Properties requesting historic designation pursuant to Chapter 26.415, Historic Preservation, may be exempt from this provision, provided, however, that any reduction is reviewed and approved by City Council. (j) No combination of multiple affordable housing requirements allowed. Whenever multiple affordable housing mitigation requirements are required each housing requirement shall be met. For example: A mixed -use project may require two (2) affordable housing units to mitigate an increase in commercial employee generation and two (2) affordable housing units to mitigate commercial free-market residential development. In this case, four (4) affordable housing units are required. (Ord. No. 13-2022, § 7, 6-28-2022) Sec. 26.470.040. - Allotment procedures. (a) General. Aspen area residents have determined that growth and development must be managed to ensure long -term negative consequences associated with development redevelopment and its impacts are minimized. One (1) of the broad themes of the 2012 Aspen Area Community Plan (AACP) is to "manage future development so that it contributes to the long-term viability of a sustainable, demographically diverse visitor - based economy and a vital year -round community." To implement these goals, the community has established a tw o (2) percent growth rate that can be accommodated without compromising community character. The AACP supports a "critical mass of 524 year-round residents" to be housed while maintaining our community character and way of life. Therefore, the Growth Management Quota System does not limit the annual growth rate of affordable housing, while all other types of commercial and lodging development shall be limited to not exceed a two (2) percent annual growth rate. In order to address continued community growth concerns, a growth limit of one -half (0.5) percent has been implemented for new free-market residential development and the demolition and replacement of existing free -market residential single-family and duplex dwellings. (b) Existing development. The following tables describe the existing (as of March 2007) amount of development in each sector used as a "baseline" in establishing annual allotments and development ceilings. 1 EXPAND Commercial Development Within the City (square feet)1 Commercial use "class" Leasable square feet for class Merchandising 365,486 Lodging 2 19,950 Offices 113,207 Recreation 179,824 Special purpose 144,777 Warehouse/storage 149,814 Multi-use 208,331 Commercial Condos 483,549 Total commercial: 1,664,938 2% Annual growth rate for commercial development 33,300 525 EXPAND EXPAND Residential Development Within the City (units) Property type Residences in class Single-family 1,268 Duplex or triplex 3 79 Multi-units 4—8 4 45 Multi-units 9+ 142 Condominiums 2,978 Duplex condos 366 Manufactured 29 Partial exempt 1 Total residences: 4,909 Nonexempt affordable housing units 5 1,132 Total free-market residences 3,777 0.5% Annual growth rate for free-market residential development 18.9 units Lodging Development Within the City (Pillows) Total lodging pillows: 7,500 1.5% Annual growth rate 112.5 pillows 526 1 Source: Pitkin County Assessor, March 7, 2005 2 Lodge unit square footage removed from total. Commercial space within lodge developments estimated through City records. 3 Single ownership duplex and triplex units. Two (2) units per property ownership estimated. 4 Single ownership apartment buildings. Residence count reflects actual number of units recorded with Assessor. 5 A total of one thousand eight hundred fifteen (1,815) residences within the City are deed - restricted affordable housing. Of these units, several are considered tax -exempt and are not included in the Assessor's counts. These units are rental affordable housing owned by the City, APCHA or tax-exempt nonprofit organizations. Therefore, only the nonexempt units have been subtracted from the Assessor's total residences to determine the number of free -market residences. Annual development allotments. The Growth Management Quota System establishes annual development allotments available for use by projects during each growth management year. The Community Development Director shall calculate the development allotments available for each type of land use as follows: EXPAND Available development allotments = annual allotment + Carry- forward allotment from prior year The following annual allotments are hereby established: Table 2, Development Allotments EXPAND Development Type Annual Allotment Residential — Total Free-Market 19 units divided as follows: New Residential (Subdivision and multi-family units) 13 units 527 Development Type Annual Allotment Single-Family and Duplex Demolition and Redevelopment 6 units * Residential — Affordable Housing No annual limit Commercial 33,000 net leasable square feet Lodging 112 pillows Essential public facility No annual limit * Six (6) Demolition and Redevelopment Allotments represent City Council direction related to an annual average of Single Family and Duplex demolition permits issued between 2013 and 2021. Note, the annual allotment may be reduced if multi -year allotments are granted by the City Council. Upon a denial of the project and the completion of any appeals, where it is found the denial was appropriate, the project's allotments shall not be considered granted and shall be returned to the available allotment pool for the remainder of the year. Allotments shall be considered vacated by a property owner upon written notification from the property owner. (c) Allocation procedure. Following approval or approval with conditions, pursuant to the above procedures for review, the Community Development Director shall issue a development order pursuant to Section 26.304.080, Development Orders. Those applicants having received allotments may proceed to apply for any further development approvals required by this Title or any other regulations of the City. (d) Expiration of growth management allotments. Growth management allotments granted pursuant to this Chapter shall expire with the expiration of the development order, pursuant to the terms and limitations of Section 26.304.080, Development Orders. Expired allotments shall not be considered valid, and the applicant shall be required to re-apply for growth management approval. Expired allotments may be added to the next year's available allotments at the discretion of the City Co uncil, pursuant to Section 26.470.120. (Ord. No. 13-2022, § 7, 6-28-2022) Sec. 26.470.050. - Calculations. 528 (a) General. Whenever employee housing or fee -in-lieu is required to mitigate for employees generated by a development, there shall be an employee generation analysis of the proposed development. Unless otherwise specified by this Chapter, the employee mitigation requirement shall be based upon the total employee generation of the proposed development. Except as specifically identified for Commercial Redevelopment, there are no credits granted during redevelopment . Additionally, credits are not given for changes between the land use categories outlined in Table 1. For instance, a change in use from commercial net leasable area to free-market residential units does not generate a credit. (b) Employee generation rates. (1) Non-residential uses. Table 3 establishes the employee generation rates that are the result of the Employee Generation Study, an analysis sponsored by the City during the fall and winter of 2012 considering the actual employment requirements of over one hundred (100) Aspen bus inesses. This study is available at the Community Development Department. Employee generation is quantified as full -time equivalents (FTEs) per one thousand (1,000) square feet of net leasable space or per lodge bedroom. Table 3, Employee Generation Rates Zone District Employees Generated per 1,000 Square Feet of Net Leasable Space Commercial Core (CC) Commercial (C-1) Neighborhood Commercial (NC) Commercial Lodge (CL) commercial space Lodge (L) commercial space Lodge Preservation (LP) commercial space Lodge Overlay (LO) commercial space Ski Base (SKI) commercial space 4.7 Mixed-Use (MU) 3.6 Service Commercial Industrial (S/C/I) 3.9 Public 1 5.1 Lodge Preservation (LP) lodge units 0.3 per lodging bedroom 529 EXPAND 1 For the Public Zone, the study evaluated only office -type public uses, and this number should not be considered typical for other non -office public facilities. Hence, each Essential Public Facility proposal shall be evaluated for actual employee generation. Each use within a mixed-use building shall require a separate calculation to be added to the total for the project. For commercial net leasable space within basement or upper floors, the rates quoted above shall be reduced by twenty -five (25) percent for t he purpose of calculating total employee generation. This reduction shall not apply to lodge units. For lodging projects with flexible unit configurations, also known as "lock -off units," each separate "key" or rentable division shall constitute a unit for the purposes of this Section, such that employee generation is assessed on the configuration with t he most number of rentable units. Timeshare units and exempt timeshare units are considered lodging projects for the purposes of determining employee generation. Free -market residential units included in a lodge development and which may be rented to the g eneral public as a lodge unit, shall be counted as a lodge key in the calculation of employee generation. (2) Residential uses. Employee Generation rates for Residential Uses (single - family, duplex and multifamily have been similarly established. Depending on the nature of development, (examples: new construction on an existing lot, creation of a new subdivision, expansion of Floo r Area, or Demolition), different methodologies have been established and are identified and defined in Sections 26.470.090 and 26.470.100. Table 4, Employee Generation Rates for Residential Uses EXPAND Zone District Employees Generated per 1,000 Square Feet of Net Leasable Space Lodge (L), Commercial Lodge (CL), Ski Base (SKI) and other zone district lodge units 0.6 per lodging bedroom 530 Residential Use Employees Generated All free-market residential use types 0.107 per 1,000 square feet of Mitigation Floor Area a. The residential employee generation rates are based on a study of employment generation of Aspen residences, from both initial construction and ongoing operation, performed by RRC Associates of Boulder, Colorado, dated June 17, 2022. The following methodology (as depicted in a comprehensive report conducted by RRC in Summer of 2022) was used to determine the above employee generation rate: i. The calculation of construction labor required for building and remodeling residential units. Labor was calculated assuming employees have more than one (1) job (as outlined in the Regional Housing Study completed in 2019 by RRC), and divided over a forty-year career. One hundred (100) percent of the construction employment generation is included in the adopted rate. ii. ii. The calculation of operational employment for residential units. The adopted rate included twenty -five (25) percent of the operational employment generation. b. The calculation of Mitigation Floor Area for the purposes of determining employee generation and required mitigation shall be based on the definition of "Mitigation Floor Area" in Section 26.104.100, Definitions, and further discussed in Section 25.575.020(d). c. For new construction on a vacant lot, all Mitigation Floor Area shall be included in the calculation of employee generation and required mitigation. d. For redevelopment or renovation of an existing single -family, duplex, or multi-family unit that does not meet the requirements of Demolition (Chapter 26.580), only new, additional Mitigation Floor Area shall be calculated towards employee generation and required mitigation, pursuant to Sections 26.470.090(a) and (b). e. The calculation of the Employment Generation shall be assessed per dwelling unit. Duplex, triplex, fourplex, or multi -family dwelling units do not combine their Mitigation Floor Area for one (1) calculation. (c) Employee generation review. All essential public facilities shall be reviewed by the Planning and Zoning Commission to determine employee generation, pursuant to Section 26.470.110 (d). In addition, any applicant who believes the employee 531 generation rate is different than that outlined herein may request an employee generation review with the Planning and Zoning Commission during a duly noticed public hearing, pursuant to Section 26.304.060(e). In establishing employee generation, the Planning and Zoning Commission shall consider the following: (1) The expected employee generation of the use considering the employment generation pattern of the use or of a similar use within the City or a similar resort. (2) Any unique employment characteristics of the operation. (3) The extent to which employees of various uses within a mixed-use building or of a related off -site operation will overlap or serve multiple functions. (4) A proposed restriction requiring full employee generation mitigation upon vacation of the type of business acceptable to the Planning and Zoning Commission. (5) Any proposed follow-up analyses of the project (e.g., an audit) to confirm actual employee generation. The requirements of any proposed follow -up analysis shall be outlined in a Development Agreement, pursuant to Chapter 26.490. (6) For single-family and duplex development and redevelopment, Employee Generation Review shall be only available for projects that can show evidence that mitigation was previously provided using physical units (on -site or off-site) which are currently deed-restricted and house APCHA qualified residents. The Planning and Zoning Commission will compare the mitigation provided at the time of the unit's deed restriction with the mitigation currently required for redevelopment using FTEs (Full -time Equivalents) as the basis for comparison. P&Z review shall ensure that any previously provided unit remains consistent with the intent of current APCHA regulations and standards and applicable provisions of the Land Use Code. (d) Employees housed. Whenever a project provides residential units on or off site the schedule in Table 5 shall be used to determine the number of employees housed by such units: Table 5, FTEs Housed EXPAND 532 Unit Type Employees Housed Studio 1.25 One-bedroom 1.75 Two-bedroom 2.25 Three-bedroom or larger 3.00, plus .5 per each additional bedroom Dormitory 1.00 employee per 150 square feet of net livable space (e) Employee housing fee-in-lieu payment. Whenever a project provides employee housing via a fee-in-lieu payment, in part or in total, the amount of the payment shall be based upon the following (fee -in-lieu is only allowed for Categories 1—4, Category 5 is included for any necessary conversions between affordable housing unit types or for the purpose of conversions in the value of Certificates of Affordable Housing Credits): EXPAND Fee-in-Lieu (per FTE): Category 1: $459,878 Category 2: $424,288 Category 3: $389,595 Category 4: $341,346 Category 5: $282,174 Payment shall be calculated on a full -time-equivalent employee (FTE) basis according to the Affordable Housing Category designation required by this Title. Unless 533 otherwise stated in this Title or in a Development Order, Fee -in-Lieu payments shall be collected by the City of Aspen Building Department prior to and as a condition of Building Permit issuance. The Fee-In-Lieu rates shall be updated every five (5) years and adopted by City Council ordinance. This five -year update shall evaluate and include cost analysis of new private and public sector affordable housing projects that have been completed or are o therwise appropriate since the previous update. During the intermediate years, Community Development staff shall propose to City Council an annual update (in January) to the Fee-in-Lieu schedule via Ordinance, utilizing the most recent National Constructio n Cost Index provided by the Engineering News Record. If the annual increase is approved, updated Fee -in-Lieu figures shall be rounded to the nearest dollar. The annual update proposed in the intermediate years does not require a Policy Resolution prior to First and Second Reading. The following methodology (as depicted in a comprehensive report conducted by TischlerBise, Affordable Housing Fee -in-Lieu Study, Phase II in Spring of 2021) was used to determine the above Fee -in-Lieu schedule: (1) Utilizing recent public sector, private sector, and public private partnership affordable housing projects, staff and the consultant team identified actual land and construction (hard and soft) costs for a number of recent projects and land purchases. (2) Costs for both land and construction were analyzed by project to the square foot of net livable development and averaged across the projects. Using the Code determined calculation of four hundred (400) square feet per full time equivalent (FTE) employee, a total cost of constructing affordable housing per FTE was identified. (3) Utilizing the Aspen Pitkin County Housing Authority (APCHA) Guidelines, established sales and rental rates by Category and bedroom count were used in a calculation to identify the revenue per FTE. Two (2) important assumptions were included for the rental revenue stream: a) revenue (rental income) was calculated over a fifteen -year period with a two (2) percent annual increase in the rental rate; and b) rental revenue was reduced by fifty (50) percent to acknowledge common maintenance and operations costs. Sales and Rental Revenue were then averaged per FTE. (4) The per FTE revenue amount for each Category (identified in #3 above) was subtracted from the total development cost per FTE (identified in #2 above). The remainder of each calculation subtracting the Category revenue from the total cost per FTE results in the Category Fee-in-Lieu schedule above. (f) Employee/square footage conversion. Whenever an affordable housing mitigation requirement is required to be converted between a number -of-employees requirement 534 and a square-footage requirement, regardless of direction, the following conversion factor shall be used: 1 employee = 400 square feet of net livable area. (g) Accessory dwelling units as mitigation units. Accessory dwelling units, approved pursuant to Chapter 26.520 and which are deed-restricted as "for sale" category housing and transferred to a qualified purchaser according to the provisions of the Aspen/Pitkin County Housing Authority, shall be considered mitigation units and attributed to a project's affordable housing provision, or may be attributable to the creation of Affordable Housing Certificates, subject to the provisions of Chapters 26.520 and 26.540. ADUs which are not deed -restricted as category units and are not transferred to qualified purchasers shall not be considered mitigation units and shall not be attributed to a project's affordable housing provision. (Ord. No. 5-2018, § 1, 2-26-2018; Ord. No. 10-2021, § 1, 5-11-2021; Ord. No. 13-2021, § 1, 5- 11-2021; Ord. No. 13-2022, § 7, 6-28-2022; Ord. No. 14-2022, § 1, 6-30-2022) Sec. 26.470.060. - Procedures for review. A development application for growth management shall be reviewed pursuant to the following procedures and standards and the Common Development Review Procedures set forth at Chapter 26.304. According to the type of development or redevelopment requested, the following steps are necessary.According to the type of allotments requested, the following steps are necessary. A development proposal may fall into multiple categories and therefore have multiple processes and standards to adhere to and meet. An application for growth management may be submitted to the Community Development Director on any date of the year. (a) Administrative applications. The Community Development Director shall approve, approve with conditions or deny the application, based on the applicable standards of review in Section 26.470.090, Administrative Applications. (b) Planning and zoning commission applications. The Planning and Zoning Commission, during a duly noticed public hearing, shall review a recommendation from the Community Development Director and shall approve, approve with conditions, or deny the application, based on the standards of review in Section 26.470.100, Planning and Zoning Commission Applications, and Section 26.470.080, General Review Standards. This requires a one -step process as follows: Step One - Public Hearing before the Planning and Zoning Commission or Historic Preservation Commission. (1) Purpose: To determine if the application meets the standards for approval. (2) Process: The Planning and Zoning Commission or Historic Preservation Commission shall approve, approve with conditions, or deny an application after considering the recommendation of the Community Development Director and comments and testimony from the public at a duly noticed public hearing. The 535 Historic Preservation Commission shall be the recommending body for historic landmarks, properties requesting landmark designation, and all properties located within a Historic District. (3) Standards of review: The proposed development shall comply with the applicable review standards of Section 26.470.100, Planning and Zoning Commission applications and Section 26.470.080, General Review Standards. (4) Form of decision: The Commission's decision shall be by resolution. (5) Notice requirements: Posting, Mailing and Publication pursuant to Section 26.304.060(e)(3) and the provisions of Section 26.304.035, Neighborhood Outreach, as applicable. (c) City council applications. City Council, during a duly noticed public hearing, shall review a recommendation from the Community Development Director, a recommendation from the Planning and Zoning Commission or Historic Preservation Commission, as applicable, and shall approve, approve with conditions, or deny the application, based on the standards of review in Section 26.470.110, City Council Applications, and Section 26.470.080, General Review Standards. This requires a two - step process as follows: Step One - Public Hearing before the Planning and Zoning Commission or Historic Preservation Commission. (1) Purpose: To determine if the application meets the standards for approval. (2) Process: The Planning and Zoning Commission or Historic Preservation Commission shall forward a recommendation of approval, approval with conditions, or denial to City Council after considering the recommendation of the Community Development Director and comments and testimony from the public at a duly noticed public hearing. The Historic Preservation Commission shall be the recommending body for historic landmarks, properties requesting landmark designation, and all properties located within a Historic District. (3) Standards of review: The proposed development shall comply with the applicable review standards of Section 26.470.110, City Council Applications, and Section 26.470.080 , General Review Standards. (4) Form of decision: The Commission's recommendation shall be by resolution. (5) Notice requirements: Posting, Mailing and Publication pursuant to Section 26.304.060(e)(3) and the provisions of Section 26.304.035, Neighborhood Outreach, as applicable. Step Two - Public Hearing before City Council. 536 (1) Purpose: To determine if the application meets the standards for approval. (2) Process: The Community Development Director shall provide City Council with a recommendation to approve, approve with conditions, or deny the application, based on the standards of review. City Council shall approve, approve with conditions, or deny the application after considering the recommendation of the Community Development Director, the recommendation from the Planning and Zoning Commission or Historic Preservation Commission, and comments and testimony from the public at a duly noticed public hearing. (3) Standards of review: The proposed development shall comply with the applicable review standards of Section 26.470.110, City Council Applications, and Section 26.470.080 , General Review Standards. (4) Form of decision: City Council decision shall be by ordinance. (5) Notice requirements: Posting, Mailing and Publication pursuant to Section 26.304.060(e)(3), the requirements of Section 26.304.035, Neighborhood Outreach, as applicable, and the requisite notice requirements for adoption of an ordinance by City Council. (d) Combined reviews. An application for growth management review may be combined with development applications for other associated land use reviews, pursuant to Section 26.304.060(b)(1), Combined Reviews. (Ord. No. 13-2022, § 7, 6-28-2022) Sec. 26.470.070. - Exempt development. The following types of development shall be exempt from the provisions of this Chapter. Development exempt from growth management shall not be considered exempt from other chapters of the Land Use Code. Where applicable, exemptions are cumulative. (a) Remodeling or renovation of existing single -family and duplex residential development. The remodeling or renovation of existing single -family and duplex residential properties, that does not trigger Demolition pursuant to Chapter 26.580, shall be exempt from growth management provided that no additional Mitigation Floor Area is added to the property. When an expansion of Mitigation Floor Area occurs, see Section 26.470.0.090(a). (b) Conversion of an existing single -family residence to a duplex residence or two (2) detached residences or vise-versa, when Demolition is not triggered . The conversion of an existing single-family residence to a duplex residence or two (2) detached single - family residences, or vise-versa, shall be exempt from growth management provided that no additional Mitigation Floor Area is added to the property. Wh en an expansion of Mitigation Floor Area occurs, see Section 26.470.090(a). 537 (c) Remodeling or expansion of existing multi -family residential development. The remodeling of existing multi -family residential dwellings shall be exempt from growth management provided that no additional Mitigation Floor Area is added to the property and provided demolition of a unit or structure does not occur. When an expansion of Mitigation Floor Area occurs, see Section 26.470.090(b). When demolition occurs, see Section 26.470.100(d), Demolition or redevelopment of multi -family housing. (Also see definition of Demolition, Section 26.104.100, and Chapter 26.580, Demolition.) (d) Remodeling or relocation of historic structures. The remodeling or permanent or temporary relocation of a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures, shall be exempt from growth management, provided that all necessary approvals are obtained, pursuant to Chapter 26.415, no Mitigation Floor Area expansion occurs, and Demolition is not triggered. Expansions shall be mitigated pursuant to this Chapter. (e) Remodeling of existing commercial development. Remodeling of existing commercial buildings and portions thereof shall be exempt from the provisions of growth management, provided that demolition is not triggered, no additional net leasable square footage is created, and there is no change in use. If r edevelopment involves an expansion of net leasable square footage, the replacement of existing net leasable square footage shall not require growth management allotments and shall be exempt from providing affordable housing mitigation only if that space pr eviously mitigated. Existing, prior to demolition, net leasable square footage and lodge units shall be documented by the City Zoning Officer prior to demolition. Also see definitions of demolition and net leasable commercial space, Section 26.104.100. If Demolition is triggered not due to remodel activity but is determined by the Community Development Director to be required for Normal Maintenance as defined in Title 26 (see definition in Section 26.104.100) or to rectify life safety issues, such as replacing a failing roof or mold removal, the square footage impacted by the work shall be exempt from this Section. This provision shall not be allowed to increase the height, floor area, net livable area or net leasable area of a building beyond what is the minimum necessary required to comply with the Building Code. (f) Special events. Special events permitted by the City shall be exempt from this Chapter. (g) Accessory dwelling units and carriage houses. The development of accessory dwelling units(ADUs) and carriage houses shall be exempt from the provisions of this Chapter but subject to the provisions of Chapter 26.520, Accessory Dwelling Units and Carriage Houses. (h) Retractable canopies and trellis structures. Trellis structures and retractable canopies appended to a commercial or lodging structure shall be exempt from growth management provided that: a) there is no expansion of floor area; and b) the canopy or 538 trellis structure is not enclosed by walls, screens, windows or other enclosures. Awnings shall be exempt from this Chapter. (i) Public infrastructure. The development of public infrastructure such as roads, bridges, waterways, utilities and associated poles, wires, conduits, drains, hydrants and similar items considered essential services shall be exempt from growth management. Essential public faciliti es shall not be exempt and shall be reviewed pursuant to Section 26.470.110(d), Essential Public Facilities. (Also see definition of essential services, Section 26.104.100.) (Ord. No. 23-2017; Ord. No. 6-2019; Ord. No. 13-2021, § 2, 5-11-2021; Ord. No. 13-2022, § 7, 6-28-2022) Sec. 26.470.080. - General review standards. All Planning and Zoning Commission and City Council applications for growth management review shall comply with the following standards. (a) Sufficient allotments. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Section 26.470.040(b). Applications for multi-year development allotment, pursuant to Section 26.470.110(a) shall be required to meet this standard for the growth management years from which the allotments are requested. (b) Development conformance. The proposed development conforms to the requirements and limitations of this Title, of the zone district or a site -specific development plan, any adopted regulatory master plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development - Project Review approval, as applicable. (c) Public infrastructure and facilities. The proposed development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. (d) Affordable housing mitigation. (1) For commercial development, sixty -five (65) percent of the employees generated by the additional commercial net leasable space, according to Section 26.470.050(b), Employee Generation Rates, shall be mitigated through the provision of affordable housing. (2) For lodge development, sixty -five (65) percent of the employees generated by the additional lodge pillows, according to Section 26.470.050 (b), Employee Generation Rates, shall be mitigated through the provision of affordable housing. For the redevelopment or expansion of existing lodge uses, see Section 26.470.100(g). 539 (3) For the redevelopment of existing commercial net leasable space that did not previously mitigate (see Section 26.470.100 (e)), the mitigation requirements for affordable housing shall be phased at fifteen (15) percent beginning in 2017, and by three (3) percent each year thereafter until sixty -five (65) percent is reached, as follows: EXPAND 540 (4) Unless otherwise exempted in this Chapter, when a change in use between development categories is proposed, the employee mitigation shall be based on the use Development order applied for during calendar year Mitigation required (percent of employees generated by the existing space that has previously not mitigated) 2017 15% 2018 18% 2019 21% 2020 24% 2021 27% 2022 30% 2023 33% 2024 36% 2025 39% 2026 42% 2027 45% 2028 48% 2029 51% 2030 54% 2031 57% 2032 60% 2033 63% 2034 65% 541 the development is converting to. For instance, if a commercial space is being converted to lodge units, the mitigation shall be based on the requirements for lodge space, outlined in subsection (2), above. Conversely, if lodge units are being converted to commercial space, the mitigation shal l be based on the requirements for commercial space, outlined in subsections (1) and (3), above. (5) For new residential subdivisions, see Section 26.470.100(h) and (i). (6) For new, redeveloped, or renovated single -family and duplex residential development, or the affordable housing mitigation requirements are established by Section 26.470.090(a) and (c). (7) For the expansion of existing free -market multi-family units, affordable housing mitigation requirements are established by Section 26.470.090(b). (8) For new free-market multi-family units, affordable housing mitigation requirements are established by Section 26.470.090(f). (9) For the demolition or redevelopment of existing multi -family residential development, affordable housing mitigation requirements are established by Section 26.470.100(d). (10) For essential public facility development, mitigation shall be determined based on Section 26.470.110(d). (11) For all affordable housing units that are being provided as mitigation pursuant to this Chapter or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540, or for any other reason: i. The proposed units comply with the Aspen/Pitkin County Housing Authority Employee Housing Regulations and Affordable Housing Development Policy, as amended. ii. Required affordable housing may be provided through a mix of methods outlined in this Chapter, including newly built units, buy down units, certificates of affordable housing credit, or cash -in-lieu. iii. Affordable housing that is in the form of newly built units or buy -down units shall be located on the same parcel as the proposed development or located off - site within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Section 26.470.110(b). When off- site units within City limits are proposed, all requisite approvals shall be obtained prior to approval of the growth management application. iv. Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540, shall be extinguished pursuant 542 to Section 26.540.120 , Extinguishment and Re-Issuance of a Certificate, utilizing the calculations in Section 26.470.050(f), Employee/Square Footage Conversion. v. If the total mitigation requirement for a project is less than 0.1 FTEs, a cash - in-lieu payment may be made by right. If the total mitigation requirement for a project is 0.1 or more FTEs, a cash -in-lieu payment shall require City Council approval, pursuant to Section 26.470.110(c). vi. Affordable housing units shall be approved pursuant to Section 26.470.100(d), Affordable Housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation.. vii. Each unit provided shall be designed such that the finished floor level of fifty (50) percent or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. (12) Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed -restricted at any level of affordability, including residential occupied (RO). (13) Residential mitigation deferral agreement. For property owners qualified as a full -time local working resident, an affordable housing mitigation Deferral Agreement may be accepted by the City of Aspen subject to the Aspen/Pitkin County Housing Authority Employee Housing Regulations. This allows deferral of the mitigation requirement for residential development until such time as the property is no longer owned by a full -time local working resident. Staff of the City of Aspen Community Development Department and Staff of the Aspen/Pitkin County Housing Authority can assist with the procedures and limitations of this option. The City Attorney and Community Development Director shall prescribe the form to be used for a Deferral Agreement. A copy of the Deferral Agreement form is on file with the City of Aspen Community Development Department. The required mitigation shall be calculated to the FTE and then multiplied by the codified Fee-in-Lieu at the time of building permit submission. This amount will be identified in the Deferral Agreement. Following the establishment of the initial mitigation requirement in the Deferral Agreement, the amount of mitigation initially identified shall increase annually by the CPI for each year that the Deferral Agreement is in effect until such time that the Deferral Agreement is terminated following sale to a non-resident. The term "CPI" shall mean the Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, not seasonally adjusted, 1984=100 reference base; published by the United States Department of Labor, Bureau 543 of Labor Statistics. The calculation of the value of the mitigation required at the time of the termination of the Deferral Agreement may be completed using a commonly available calculator that aggregates the CPI over time. The term of the calculation shal l be the month of the initial execution of the Deferral Agreement and the most recent index month available at the time of release of the Deferral Agreement. The provision describing this regular annual increase shall be described in the Deferral Agreement . The Deferral Agreement shall be recorded prior to the issuance of a Certificate of Occupancy or Letter of Completion. Should a property with a Deferral Agreement in place be sold to a qualified resident, a new Deferral Agreement shall be established, identifying the initial mitigation requirement, and an inclusion of the continued annual increases that will continue to accrue from the date of initiation of the original deferral agreement. The initiation date of the original deferral agreement shall be identified in the new deferral agreement. Deferral Agreements initiated prior to July 28, 2022, shall remain in effect and are not subject to the stipulations described in the paragraphs above. If desired, the parties to a previously established deferral agreement may, at their discretion, enter i nto a new deferral agreement that that updates the terms to be consistent with the provisions identified above. (Ord. No. 23-2017; Ord. No. 12-2019; Ord. No. 12-2021, § 2, 5-11-2021; Ord. No. 13-2021, § 3, 5-11-2021; Ord. No. 13-2022, § 7, 6-28-2022) Sec. 26.470.090. - Administrative applications. The following types of development shall be approved, approved with conditions or denied by the Community Development Director, pursuant to Section 26.470.060, Procedures for Review, and the criteria described below. Except as noted, all administrative growth management approvals shall not be deducted from the annual development allotments. All approvals apply cumulatively. (a) Single-family and duplex residential development or expansion that does not trigger demolition, pursuant to Chapter 26.580. The following types of free-market residential development do not require a development allotment and may proceed to building permit absent the need of any other land use reviews. These types of development shall require the provision of affordable housing mitigation in one (1) of the methods described in subsection (3) below. (1) This Section applies to the new development of a single -family, two (2) detached residential units, or a duplex dwelling on a lot in one (1) of the following conditions: a. A lot created by a lot split, pursuant to Section 26.480.060(a). b. A lot created by a historic lot split, pursuant to Section 26.480.060(b), when the subject lot does not itself contain a historic resource. 544 c. A lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26.480.020, Subdivision: applicability, prohibitions, and lot merger. (2) Mitigation shall be based off the net increase of Mitigation Floor Area of an existing single-family, two (2) detached residential units on a single lot, or a duplex dwelling, during remodeling and renovation scenarios when the definition of Demolition is not met. (3) The applicant shall have four (4) options for providing the required affordable housing mitigation: a. Recording a resident -occupancy (RO), or lower, deed restriction on the single-family dwelling unit or one (1) of the residences if a duplex or two (2) detached residences are developed on the property. An existing deed restricted unit does not need to re -record a deed restriction. b. Providing a deed restricted one -bedroom or larger affordable housing unit within the Aspen Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines (which may require certain improvements) in a size equal to or larger than thirty (30) p ercent of the Allowable Floor Area increase to the Free -Market unit. The mitigation unit must be deed-restricted as a "for sale" Category 2 (or lower) housing unit and transferred to a qualified purchaser according to the provisions of the Aspen/Pitkin County Housing Authority Guidelines. c. Providing a fee-in-lieu payment or extinguishing a Certificate of Affordable Housing Credit in a full -time-equivalent (FTE) amount based on the following schedule: i. Affordable housing mitigation must be provided at a Category 2 (or lower) rate. Certificates must be extinguished pursuant to the procedures of Chapter 26.540, Certificates of Affordable Housing Credit. Fee-in-lieu rates shall be those stated in Section 26.470.100 - Calculations; Employee Generation and Mitigation, in effect on the date of application acceptance. Providing a fee -in- lieu payment in excess of .10 FTE shall require City Council approval, pursuant to Section 26.470.110(c). d. An affordable housing mitigation Deferral Agreement may be accepted by the City of Aspen pursuant to Section 26.470.080(d)(12). Example 1: A new home of 3,400 square feet of Mitigation Floor Area on a vacant lot created by a historic lot split. The applicant must provide affordable housing mitigation for .364 FTEs. 545 3,400 / 1,000 × 0.107 = .36 In this example the applicant may provide a Certificate of Affordable Housing Credit or request City Council accept a fee -in-lieu payment. Example 2: An existing home of four thousand five hundred (4,500) square feet of Mitigation Floor Area is expanded by two hundred fifty (250) square feet of Mitigation Floor Area. The renovation does not meet the definition of Demolition. The applicant must provide a ffordable housing mitigation for .03 FTEs. 250 / 1,000 × 0.107 = .03 In this example the applicant may provide a Certificate of Affordable Housing Credit or a fee -in-lieu payment. (b) Multi-family residential expansion. The net increase of Mitigation Floor area of an existing free-market multi-family unit or structure, regardless of when the lot was subdivided or legally described shall require the provision of affordable housing mitigation in one (1) of the methods desc ribed below. This type of free-market residential development does not require a development allotment and may proceed directly to building permit. (When demolition occurs, see Section 26.470.100(e), Demolition or redevelopment of multi -family housing.) (1) Mitigation shall be based off the net increase of Mitigation Floor Area of an existing free-market multi-family unit or structure, and provided Demolition does not occur. (2) Affordable housing mitigation requirements for the type of free -market residential development described above shall be as follows. The applicant shall have four (4) options: a. Recording a resident -occupancy (RO), or lower, deed restriction on the dwelling unit(s) being expanded. An existing deed restricted unit does not need to re -record a deed restriction. b. Providing a deed restricted one -bedroom or larger affordable housing unit within the Aspen Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines (which may require certain improvements) in a size equal to or larger than thirty (30) p ercent of the Allowable Floor Area increase to the Free -Market unit(s). The mitigation unit(s) must be deed-restricted as a "for sale" Category 2 (or lower) housing unit and transferred to a qualified purchaser according to the provisions of the Aspen/Pitk in County Housing Authority Guidelines. 546 c. Providing a fee-in-lieu payment or extinguishing a Certificate of Affordable Housing Credit in a full -time-equivalent (FTE) amount based on the following schedule: i. When a unit adds Floor Area, the difference between the generation rates of the existing Mitigation Floor Area and the proposed Mitigation Floor Area shall be the basis for determining the number of employees generated. No refunds shall be provided if Floor Area is reduced. ii. Affordable housing mitigation must be provided at a Category 2 (or lower) rate. Certificates must be extinguished pursuant to the procedures of Chapter 26.540, Certificates of Affordable Employee Generation and Mitigation, in effect on the date of application acceptance. Providing a fee -in-lieu payment in excess of .10 FTE shall require City Council approval, pursuant to Section 26.470.110(c). d. An affordable housing mitigation Deferral Agreement may be accepted by the City of Aspen pursuant to Section 26.470.080(d)(12). Example 1: A multi-family unit of 1,400 square feet of Floor Area is expanded by 400 square feet of Mitigation Floor Area. The applicant must provide affordable housing mitigation for 0.04 FTEs. 400 / 1,000 × 0.107 = 0.04 In this example the applicant may provide a Certificate of Affordable Housing Credit or a fee -in-lieu payment. Example 2: A multi-family unit of one thousand four hundred (1,400) square feet of Floor Area is expanded by one thousand (1,000) square feet of Mitigation Floor Area. The applicant must provide affordable housing mitigation for 0.11 FTEs, the difference in employee generation of the two (2) unit sizes. 1000 / 1,000 × 0.107 = 0.11 In this example the applicant may provide a Certificate of Affordable Housing Credit or request City Council accept a fee -in-lieu payment. (c) Single-family and duplex redevelopment or expansion that does trigger demolition as defined by Chapter 26.580. Demolition and Redevelopment of Single -Family and Duplex properties shall require a land use application pursuant to Chapter 26.304, the allocation of a Growth Management allotment, and shall provide affordable housing mitigation in one (1) of the methods described below. 547 (1) Applicability. This review shall apply to all applications for development and redevelopment of single-family and duplex project that triggers Demolition as outlined Chapter 26.580, unless otherwise exempted in Section 26.580.050. (2) Procedures for review. a. General. An application for a GMQS review of the Demolition and Redevelopment of a single -family or duplex project shall be submitted (subject to the requirements of Chapter 26.304, Chapter 26.580 and Section 26.470.090 (c)) and will considered in an Administrative Review by the Community Development Director. Following review, an approval would be granted by a recorded Notice of Approval and the issuance of a Development Order. On a single parcel, the Demolition of a Single Family, two (2) detached dwellings, or Duplex residential structure shall require one (1) allotment. b. Determination of applicability. The applicant may request a preliminary Demolition pre-application conference with Community Development staff to determine the applicability of the Chapter and the application submission requirements. If a project is likely to trigger Demolition, a meeti ng should be set up with a Zoning Officer to confirm if the project is subject to Chapter 26.580, Demolition. An applicant must request a Pre -application conference summary outlining application requirements when a project triggers Demolition pursuant to Chapter 26.580, Demolition. c. Timing. In preparation for submission of an application for a Demolition Allotment, Applicants shall request a Pre -Application Summary from Community Development staff. Applications for a given year's available Demolition Allotments will be accepted starting on the first business day of January and extending for a 30-day period. (the "Initial Application Period"). An application shall not be considered until determined "C omplete" per Chapter 26.304. All applications submitted during the Initial Application Period and deemed Complete and Compliant with the requirements of 26.470 will be entered into a lottery with all other Complete and Compliant applications, if the number of applications exceeds the number of available permits. Lottery process. Each qualifying application submitted during the Initial Application Period will be assigned a number. Administered by the Community Development Department and witnessed by the City Clerk and the City Attorney, assigned numbers from the Complete and Compliant applications will be placed into a receptacle and drawn by hand. All applications participating in the lottery will be drawn in order and a list will be created identifying the drawn order for all applications. 548 Available allotments will be granted to the projects drawn by this process based on the drawn order. Applicants and their representatives will be notified by email of the time and place of the lottery and are welcome to be present during the lottery select ion. Notices of Approval and Development Orders associated with the applications selected by the lottery will be issued by the last business day in February. Excess allotments. Should a lottery process not be required or should annual Demolition Allotments remain available following the lottery process, applications may be submitted throughout the year, and following completeness and compliance review, will be approved in the order received, subject to the availability of an allotment. d. Residential demolition and redevelopment standards. This document sets the standards under which a redevelopment project will be reviewed and will serve as the basis under which a project will be approved for the issuance of a development allotment. This document, as amended from time to time, is available on Community Development's web page or may be requested from a staff planner. e. Combined reviews. An application for growth management review may be a combined with development applications for other associated land use reviews, pursuant to Section 26.304.060(b)(1), Combined Reviews. f. Variations. An application requesting a Variation of the Residential Demolition and Redevelopment Standards, or the review standards identified below, shall be processed as a Special Review in accordance with the common development review procedures set forth in Chapter 26.304. The Special Review (Section 26.430.040(k)) shall be considered a public hearing for which notice has been provided pursuant to Section 26.304.060(e)(3). Review is by the Planning and Zoning Commission. In this case, the granting of the development allotment would not be granted until Planning and Zoning Commission approves the special review. g. Insufficient demolition allotments. Any property owner within the City who is prevented from redeveloping a property because that year's Demolition allotments have been entirely allocated may apply for City Council Review for a Multi -Year Development Allotment subject to Section 26.470.110 (a). (3) Review standards for projects requesting a demolition allotment. 549 a. Adequate growth management allotments are available for the project and the project meets any applicable review criteria in Chapter 26.470, Growth Management Quota System. b. The project shall meet the requirements of the Residential Demolition and Redevelopment Standards prior to building permit issuance. The project shall be subject to the Residential Demolition and Redevelopment Standards in effect at the time of building permit submission is deemed complete. (4) Application contents. Applications for a Demolition allotment shall include all application requirements outlined in Section 26.470.130 and Chapter 26.304, in addition to the following: a. Demolition diagrams depicting total area to be demolished consistent with the methodology outlined in Section 26.580.040. b. A written response to all applicable review criteria, including responses to the Residential Demolition and Redevelopment Standards , as amended from time to time pursuant to Chapter 26.580. (5) Affordable housing mitigation requirements. a. Affordable housing mitigation requirements for free-market residential development that triggers Demolition pursuant to Chapter 26.580 shall be as follows. The applicant shall have four (4) options: i. Recording a Resident-Occupancy (RO), or lower, deed restriction on the single-family dwelling unit or one (1) of the residences if a duplex or two (2) detached residences are developed on the property. An existing deed restricted unit does not need to re-record a deed restriction. ii. Providing a deed restricted one -bedroom or larger affordable housing unit within the Aspen Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines (which may require certain improvements) in a size equal to or larger than thirty (30) percent of the Allowable Floor Area increase to the Free-Market unit. The mitigation unit must be deed -restricted as a "for sale" Category 2 (or lower) housing unit and transferred to a qualified purchaser according to the provisions of the Aspen/Pitkin County Housing Authority Guidelines. iii. Providing a fee-in-lieu payment or extinguishing a Certificate of Affordable Housing Credit in a full -time-equivalent (FTE) amount based on the following schedule: 550 a. Employment Generation Rate: 0.107 per 1000 square feet of Mitigation Floor Area. b. For redevelopment or renovation of an existing single - family or duplex that meets the definition of Demolition (Section 26.104.100), all Mitigation Floor Area (existing and new) shall be calculated toward employee generation and required mitigation. c. Affordable housing mitigation must be provided at a Category 2 (or lower) rate. Certificates must be extinguished pursuant to the procedures of Chapter 26.540, Certificates of Affordable Housing Credit. Fee -in- lieu rates shall be those stated in Section 26.470.100 - Calculations; Employee Generation and Mitigation, in effect on the date of application acceptance. Providing a fee-in-lieu payment in excess of .10 FTE shall require City Council approval, pursuant to Section 26.470.110(c). iv. An affordable housing mitigation Deferral Agreement may be accepted by the City of Aspen pursuant to Section 26.470.080(d)(12). Example: An existing home is redeveloped in a fashion that meets the definition of Demolition. The redeveloped home has a Mitigation Floor Area of five thousand seven hundred (5,700) square feet. 5,700 / 1,000 × 0.107 = 0.61 FTE In this example the applicant may provide a Certificate of Affordable Housing Credit or request City Council accept a fee - in-lieu payment. (d) One hundred (100) percent affordable housing development. All applications for the development of projects that are comprised of one hundred (100) percent affordable housing units, deed -restricted in accordance with the Aspen Pitkin County Housing Authority Regulations, shall be first reviewed administratively f or compliance with this Chapter and relevant criteria as described below. Projects found by the Community Development Director to be in full conformance, shall be approved or approved with conditions by recordation of a Notice of Approval and the issuance of a development order. Applications that are not found to be in conformance with this Section, shall be subject to GMQS Review with the Planning and Zoning Commission per Section 26.470.100(c), or the application may be amended to bring the project into conformance for administrative approval. 551 (1) To be approved administratively, a project must meet the following criteria: a. "For sale" or rental units. i. The proposed units shall be deed -restricted as "for sale" units and transferred to qualified purchasers according to the Aspen Pitkin County Housing Authority Regulations. The developer of the project may be entitled to select the first purchasers, subject to the aforementioned qualifications, pursuant to the Aspen Pitkin County Housing Authority Regulations. The deed restriction may authorize the Aspen Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined i n the Aspen Pitkin County Housing Authority Regulations, as amended; or ii. The proposed units may be rental units, including but not limited to rental units owned by an employer, government or quasi-government institution, or non -profit organization if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing associated for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge; or iii. The proposed units may be a combination of "for sale" and rental units. b. The units in the project comply with the Aspen Pitkin County Housing Authority's Regulations and Affordable Housing Development Policy, as amended. c. The project meets all dimensional requirements of the underlying Zone District as described in Chapter 26.710 and does not require the approval of a variance of any kind from the provisions of Section 26.575.020. Calculations and Measurements. d. The project meets all provisions of Chapter 26.410. Residential Design Standards and is compliant with Commercial Lodging and Historic District Design Standards and Guidelines, as may be applicable. e. The project is in conformance with the requirements of Chapter 26.515, Transportation and Parking Management. f. If a project is pursuing Certificates of Affordable Housing Credit, the requirements of Chapter 26.540 shall be met. 552 g. A project approved under this administrative process may be comprised of Category and/or Resident -Occupied (RO) units. h. Each unit provided shall be designed such that the finished floor level of fifty (50) percent or more of each unit's net livable area is at or above natural or finished grade, whichever is higher. (2) Review of one hundred (100) percent affordable housing development on designated sites in a historic district but not containing a historic resource; and on designated sites outside of districts and not containing a resource. Development of these properties, when the use is one hundred (100) percent affordable housing, shall be approved or approved with conditions by Administrative Review if compliant with Chapter 26.410, Residential Design Standards; Chapter 26.470, Growth Management; Chapter 26.515, Transportation and Parking Management; Chapter 26.540, Certificates of Affordable Housing Credit, and Chapter 26.710 for the applicable Zone District. In addition, the Historic Preservation Officer and the Chair of the Historic Preservation Commission, or their assign, must jointly determine compliance with the following non-flexible design standards. a. Create porosity on the site. To meet this standard, achieve at least one (1) of the following: i. Provide a front setback one and one -half (1.5) times the minimum requirement of the zone district; or ii. Provide at least two (2) usable private outdoor spaces, such as porches or upper floor decks, which are at least six (6) feet deep and fifty (50) square feet in area on the street -facing façade(s); or iii. Provide a shared outdoor gathering area of at least one hundred (100) square feet in area, so that at least fifty (50) square feet in area can be directly viewed from the street. b. Ensure proportions of historic resources are incorporated in a new structure. All street-facing façade(s) of the development shall be demonstrated through a diagram to include at least one (1) instance of a width by height modulation that directly reflects a width by height modulation of the nearest historic primary structure on th e block face(s). c. Design the development to be recognized as a product of its time. Consider these three (3) aspects of the architecture: roof form, materials, and fenestration. The development must relate strongly to at least one (1) specific designated historic resource on the block face and in the same zone district in at least two (2 ) of these categories. Departing 553 from that historic resource in one (1) of these categories allows for creativity and a contemporary design response. i. When choosing to relate to roof form, match a primary roof pitch of the development to at least one (1) primary roof pitch found on the historic resource. ii. When choosing to relate to materials, match at least one (1) primary material of the development to that on the historic resource. A change in the finish, dimension or orientation is allowed. iii. When choosing to relate to fenestration, match at least one (1) street-facing window on the development to the dimensions of at least one (1) street-facing window on the historic resource. A change in window finish or orientation is allowed. (3) Review of one hundred (100) percent affordable housing development on designated sites containing a historic resource where the historic resource is fully detached from all new construction, and all non -historic additions are to be removed, and no new addi tion will be made to the historic resource, and all new construction taller than one (1) story is distanced at least ten (10) feet from the historic resource on all sides. Development of these properties, when the use is one hundred (100) percent affordable housing, shall be subject to a one - step review by the Historic Preservation Commission, for compliance with Section 26.415.070(c), Certificate of Appropriateness for a Minor Development (demolition of non -historic additions and all work directly affecting the historic resource); and Section 26.415.090 , Relocation of Designated Historic Properties. All City of Aspen Historic Preservation Design Guidelines applicable to work affecting the historic resource shall apply in addition to the following criteria: a. HPC may not deny Relocation, but shall determine a siting for the historic structure that best meets the City of Aspen Historic Preservation Design Guidelines while accommodating the allowed development rights for the property. A Conceptual site plan repre senting the full project must be provided to assist in this review. b. HPC may grant approval for the historic resource only to be located in the side, rear and front setbacks per Section 26.415.110(c)(1)a., Variations. New construction is not permitted to be located in a setback. HPC may allow the new structure to provide no less than six (6) feet as the minimum distance requirement between buildings per Section 26.415.110(c)(1)b. Where the historic resource is one (1) story in height, this reduction is only permissible if the new construction permitted to be 554 within six (6) feet of the resource is one (1) story in height for at least ten (10) feet in depth. c. The application must include a detailed summary, in consultation with the Historic Preservation Officer, of all necessary repairs to historic fabric that will be completed during construction including exterior materials, doors and windows. The summary mus t also identify all opportunities to restore an element of the historic resource to an earlier condition that can be documented through photographs or physical inspection. HPC will prioritize and require up to three (3) of these to be completed during construction. Examples include: re-opening of an enclosed porch, restoration of the original design of a street facing window, and restoration of missing details such as decorative porch trim. d. As applicable, site development shall be designed so that: i. A front walkway to the historic resource shall be no wider than the minimum requirement for accessibility, shall run directly from the street to the door unless necessary to avoid a preserved tree, and shall be gray concrete, brick, rectilinear stone or flagstone, to be determined by HPC. ii. Stormwater facilities and conveyances shall be demonstrated to fully integrated with the surrounding landscape palette when viewed from the public right -of-way. iii. The perimeter of the historic resource shall be entirely bordered by a gravel or small diameter rock planting strip one (1) foot in width to protect from the impacts of landscape planting and watering. No plant material around the historic resource shall have an identified mature height taller than forty -two (42) inches, other than one (1) shrub or tree, placed with the mature size of the species in mind. No hardscape, other than a front walkway, shall be permitted in street -facing yards around the historic resource. iv. Perimeter fences which are considered part of the historic significance of a site shall be retained and repaired and cannot be moved, removed, or inappropriately altered. v. Any new fence between the historic resource and the street shall be no more than forty-two (42) inches in height and shall have no less than a solid to void ratio of fifty (50) percent. e. Following HPC review, Administrative Review will be conducted for determination that the new construction on the site is in compliance 555 with Chapter 26.410, Residential Design Standards; Chapter 26.470, Growth Management; Chapter 26.515, Transportation and Parking Management; Chapter 26.540, Certificates of Affordable Housing Credit, and Chapter 26.710 for the applicable Zone District. In addition, the Historic Preservation Officer and the Chair of the Historic Preservation Commission, or their assign, must jointly determine compliance with the following non-flexible design standards. i. Ensure proportions of historic resources are incorporated in a new structure. All street -facing façade(s) of the development shall be demonstrated through a diagram to include at least one (1) instance of a width by height modulation that directly reflects a width by height modulation of the historic resource. ii. Design the development to be recognized as a product of its time. Consider these three (3) aspects of the architecture: roof form, materials, and fenestration. The development must relate strongly to the historic resource in at least two (2) of these categories. Departing from the historic resource in one (1) of these categories allows for creativity and a contemporary design response. 1. When choosing to relate to roof form, match a primary roof pitch of the development to at least one (1) primary roof pitch found on the historic resource. 2. When choosing to relate to materials, match at least one (1) primary material of the development to that on the historic resource. A change in the finish, dimension or orientation is allowed. 3. When choosing to relate to fenestration, match at least one (1) street -facing window on the development to the dimensions of at least one street -facing window on the historic resource. A change in window finish or orientation is allowed. iii. Allow the resource to be read as the unique architectural highlight of the property. Demonstrate that the historic resource will be distinguished from the new development through its height, ornateness, or primary material. (4) Application materials. In addition to the application materials required by Section 26.470.130 and Chapter 26.304, the following shall be included in an application for administrative review of a one hundred (100) percent affordable housing project: 556 a. Floor Plans that include detailed drawings of individual units including floor area and net livable area for the entire site and unit by unit breakdown. b. Elevations that provide detail on height and fenestration. c. Parking Plan that includes detail on access and relationship to the right-of-way. d. Residential Design Standards Application. e. Narrative that describes the unit types and sizes, proposed categories of units, unit and project amenities and otherwise describes compliance with Section 26.470.090(c)(1)a.—i. Any necessary submittal items necessary to provide sufficient detail in meeting the review standards identified in Section 26.470.090(d)(1)i. or 26.470.090(d)(2) above. This may include site plans, relocation plans, demolition plans, landscaping plans etc. for projects subject to the identified elements of the Historic Preservation Design Guidelines. (5) Review process. a. Application is submitted and accepted for review consistent with Chapter 26.304, Common Development Procedures. b. APCHA, Engineering, Environmental Health and Parks shall be formal referral agencies on the application to identify any necessary conditions of approval. c. While not required, it is highly encouraged that a meeting with the Development Review Committee is scheduled prior to approval to resolve any potential issues at this early stage of the design process to facilitate a more efficient building permit review. d. If applicable, an HPC approval, pursuant to Section 26.470.090(d)(2) shall be completed before the completion of the administrative review process. e. Approval shall be granted by the Community Development Director in the form of a recorded Notice of Approval. A Development Order shall be subsequently issued. f. Public Notice of the Development Order shall be made consistent with the requirements of Chapter 26.304, Common Development Review Procedures. 557 (e) Minor expansion of a commercial, lodge or mixed -use development. The minor enlargement of a property, structure or portion of a structure for commercial, lodge or mixed-use development when demolition is not triggered shall be approved, approved with conditions or denied by the Community Development Director based on t he following criteria. The additional development of uses identified in Section 26.470.020 shall not be deducted from the respective annual development allotments. (1) The expansion involves no more than five hundred (500) square feet of net leasable space, no more than two hundred fifty (250) square feet of Floor Area, and no more than three (3) additional hotel/lodge units. No employee mitigation shall be required. (2) The expansion involves no residential units. (3)This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 22, Series of 2013. (4) When demolition is triggered, the application shall be reviewed pursuant to Section 25.470.100(f), Expansion or new commercial development. (f) Sale of locally-made products in common areas of commercial buildings. Commercial use of common areas within commercial and mixed -use buildings which contain commercial use (a.k.a. "non -unit spaces," "arcades," "hallways," "lobbies," or "malls") shall be approved, approved with conditions or denied by the Community Developme nt Director based on the following criteria. (1) Products shall be limited to arts, crafts, or produce designed, manufactured, created, grown, or assembled in the Roaring Fork Valley, defined as the watershed of the Roaring Fork River plus the municipal limits of the City of Glenwood Springs. Exempt from these product and geographic limitations are items sold by a hardware store adjacent to the common area and items incidental to arts, crafts, and produce such as frames and pedestals. (2) The area can be used by an existing business within the building or by "stand-alone" businesses. Multiple spaces may be created. (3) These areas shall not be considered net leasable space for the purposes of calculating impact fees or redevelopment credits. No employee mitigation shall be required. Compliance with all zoning, building, and fire codes is mandatory. (g) Outdoor food/beverage vending license. Outdoor food/beverage vending shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: (1) Location. All outdoor food/beverage vending must be on private property and may be located in the Commercial Core (CC), Commercial (C1), 558 Neighborhood Commercial (NC), or Commercial Lodge (CL) zone districts. Outdoor Food Vending may occur on public property that is subject to an approved mall lease. Additional location criteria: a. The operation shall be in a consistent location as is practically reasonable and not intended to move on a daily basis throughout the duration of the permit. b. Normal operation, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right -of- way. c. The operation shall not interfere with required emergency egress or pose a threat to public health, safety and welfare. A minimum of six (6) feet ingress/egress shall be maintained for building entrances and exits. (2) Size. The area of outdoor food/beverage vending activities shall not exceed fifty (50) square feet per operation. The area of activity shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machi ne, popcorn machine, etc.), and the space needed by employees to work the food vending activity. (3) Signage. Signage for outdoor food/beverage vending carts shall be exempt from those requirements found within Land Use Code Chapter 26.510, Signs, but not excluding Prohibited Signs. The total amount of signage shall be the lesser of fifty (50) percent of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in accordance with the regulations found within Chapter 26.510. (4) Environmental Health Approval. Approval of a food service plan from the Environmental Health Department is required. The area of outdoor food vending activities shall include recycling bins and a waste disposal container that shall be emptied daily and stored inside at night and when t he outdoor food vending activities are not in operation. Additionally, no outdoor, open -flame char- broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills. (5) Building and Fire Code Compliance. All outdoor food/beverage vending operations must comply with adopted building and fire codes. Applicants are encouraged to meet with the City's Building Department to discuss the vending cart/stand. 559 (6) Application Contents. An application for a food/beverage vending license shall include the standard information required in Section 26.304.030(b), plus the following: a. Copy of a lease or approval letter from the property owner . b. A description of the operation including days/hours of operation, types of food and beverage to be offered, a picture or drawing of the vending cart/stand, and proposed signage. c. The property survey requirement shall be waived if the applicant can demonstrate how the operation will be contained on private property. (7) License Duration. Outdoor food/beverage vending licenses shall be valid for a one-year period beginning on the same the date that the Notice of Approval is signed by the Community Development Director. This one -year period may not be separated into non-consecutive periods. (8) License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon renewal the Community Development Director shall consider the returning vendor's past performance. This shall include, but shall not be limited to, input from the Environmental Health Department, Chief of Police, special event staff, and feedback from adjacent businesses. Unresolved complaints may result in denial of a renewal request. (9) Business License. The vending operator must obtain a business license. (10) Affordable Housing and Impact Fees Waived. The Community Development Director shall waive affordable housing mitigation fees and impact fees associated with outdoor food/beverage vending activities. (11) Maintenance and public safety. Outdoor food/beverage vending activities shall not diminish the general public health, safety or welfare and shall abide by applicable City regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and li ghting codes, and sales tax license regulations. (12) Abandonment. The City of Aspen may remove an abandoned food/beverage vending operation, or components thereof, in order protect public health, safety, and welfare. Costs of such remediation shall be the sole burden of the property owner. (13) Temporary Cessation. The Community Development Director may require a temporary cancelation of operations to accommodate special events, holidays, or similar large public gatherings. Such action will be taken if it is determined 560 that the food/beverage cart will create a public safety issue or create an excessive burden on the event activities. (14) License Revocation. The Community Development Director may deny renewal or revoke the license and cause removal of the food/beverage vending operation if the vendor fails to operate consistent with these criteria. An outdoor food/beverage vending license shall not constitute nor be interpreted by any property owner, developer, vendor, or court as a site -specific development plan entitled to vesting under Articl e 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Licenses granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. (h) Temporary uses and structures. The development of a temporary use or structure shall be exempt from growth management, subject to the provisions of Chapter 26.450, Temporary and Seasonal Uses. Temporary external airlocks shall only be exempt from the provisions of this Chapter if compliant with applicable sections of Commercial Design Review - Chapter 26.412 , and approved pursuant to Chapter 26.450, Temporary and Seasonal Uses. Tents, external airlocks, and similar temporary or seasonal enclosures located on commercial properties and supporting commercial use shall only be exempt from the provisions of this Chapter, including affordable housing miti gation requirements, if compliant with applicable sections of Commercial Design Review - Chapter 26.412, if erected for 14 days or less in a twelve -month period, and approved pursuant to Chapter 26.450 - Temporary and Seasonal Uses. Erection of these enclosures for longer than 14 days in a twelve -month period shall require compliance with Commercial Design Review - Chapter 26.412, and compliance with the provisions of this Chapter including affordable housing mitigation. Affordable housing mitigation shall be required only for the days in excess of 14 in a twelve -month period. Cash-in- lieu may be paid by -right. The mitigation calculation shall include the expected lifespan of a building, which is currently thirty (30) years. For instance, a 500 square foot tent proposed to be up for twenty -one (21) days shall only require mitigation for seven (7) days. The calculation would be as f ollows: Methodology: • 500 sq. ft. / 1,000 sq. ft. = .5 sq. ft. • 0.5 sq. ft. × 4.7 FTEs = 2.35 FTEs generated • 2.35 FTEs × 65% mitigation rate = 1.5275 FTEs to be mitigated if structures are in use 100% of year • 1.5275 FTEs / 365 days per year = .004184931 daily rate • 0.004184931 × 7 days = .029294517 FTEs • 0.029294517 × $223,072 cash-in-lieu rate = $6,534.78 • $6,534.78/ 30 years = $217.82 due for mitigation of the structure for a period of 7 days 561 (Ord. No. 6-2019; Ord. No. 12-2019; Ord. No. 13-2022, § 7, 6-28-2022; Ord. No. 23-2023, § 1, 12-12-2023) Sec. 26.470.100. - Planning and zoning commission applications. The following types of development shall be approved, approved with conditions or denied by the Planning and Zoning Commission, pursuant to Section 26.470.060 , Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.080. Except as noted, the following types of growth management approvals shall be deducted from the annual development allotments , when applicable. Approvals apply cumulatively. (a) Change in use. A change in use of an existing property, structure or portions of an existing structure between the development categories identified in Section 26.470.020 (irrespective of direction), for which a certificate of occupancy has been issued and which is intended to be reused, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the general requirements outlined in Section 26.470.080. No more than one (1) free-market residential unit may be created through the change -in-use. (b) Expansion of free-market residential units within a multi -family or mixed-use project. The net livable area expansion of existing free -market residential units within a mixed-use project shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the general requirements outlined in Section 26.470.080 . The remodeling or expansion of existing multi -family residential dwellings shall be exempt from growth management as long as no demolition occurs, pursuant to Section 26.470.070(c). Expansion of existing free -market residential units shall not require a development allotment . (c) Affordable Housing. The development of affordable housing that does not qualify for administrative review and approval under the criteria established in Section 26.470.090(c), shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on the general requirements outlined in Section 26.470.080, and all other applicable review criteria of this Title. If the affordable housing project is located in a historic district or on a historically designated property, the Historic Preservation Commission is the review body for this review. Additionally, the following shall apply to all affordable housing development: (1) The proposed units shall be deed -restricted as "for sale" units and transferred to qualified purchasers according to the Aspen Pitkin County Housing Authority Regulations. The developer of the project may be entitled to select the first purchasers, subject to the aforementioned qualifications, purs uant to the Aspen Pitkin County Housing Authority Regulations. The deed restriction shall authorize the Aspen Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Aspen Pitkin County Housing Authority Regulations, as amended. 562 (2) The proposed units may be rental units, including but not limited to rental units owned by an employer, government or quasi -government institution, or non-profit organization if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing associated for lodge development to be rental units associated with the lodge operation and contributing to the long -term viability of the lodge. (3) A combination of "for sale" and rental units is permitted. (d) Demolition or redevelopment of multi -family housing. The City's neighborhoods have traditionally been comprised of a mix of housing types, including those affordable by its working residents. However, because of Aspen's attractiveness as a resort environment and because of the physical constraints of the up per Roaring Fork Valley, there is constant pressure for the redevelopment of dwellings currently providing resident housing for tourist and second -home use. Such redevelopment results in the displacement of individuals and families who are an integral part of the Aspen work force. Given the extremely high cost of and demand for market -rate housing, resident housing opportunities for displaced working residents, which are now minimal, will continue to decrease. Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen have been long-standing planning goals of the community. Achievement of these goals will serve to promote a socially and economically balanced community, limit the number of individuals who face a long and sometimes dangerous commute on State Highway 82, reduce the air pollution effects of commuting and prevent exclusion of working residents from the City's neighborhoods. The Aspen Area Community Plan established a goal that affordable housing for working residents be provided by both the public and private sectors. The City and the Aspen/Pitkin County Housing Authority have provided affordable housing both within and adjacent to the City limits. The private sector has also provided affordable housing. Nevertheless, as a result of the replacement of resident housing with second homes and tourist accommodations and the steady increase in the size of the workforce required to assure the continued viability of Aspen area businesses and the City's tourist -based economy, the City has found it necessary, in concert with other regulations, to adopt limitations on the combining, demolition or conversion of existing multi -family housing in order to minimize the displacement of working residents, to ensure that the private sector maintains its role in the provision of resident housing and to prevent a housing shortfall from occurring. The combining, demolition (see definition of demolition), conversion, or redevelopment of multi -family housing shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on compliance with the following requirements: 563 (1) Requirements for combining, demolishing, converting or redeveloping free - market multi-family housing units. Only one (1) of the following three (3) options is required to be met when combining, demolishing, converting or redeveloping a free -market multi-family residential property. To ensure the continued vitality of the community and a critical mass of local w orking residents, no net loss of density (total number of units) between the existing development and proposed development shall be allowed. a. One hundred (100) percent replacement. In the event of the demolition of free-market multi-family housing, the applicant shall have the option to construct replacement housing consisting of no less than one hundred (100) percent of the number of units, bedrooms and net livable area demolished. The replacement units shall be deed -restricted as resident occupied (RO) affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. In summary, this option replaces the demolished free -market units with an equal number of units, bedrooms and net livable area of deed -restricted, Resident Occupied (RO) development. An applicant may choose to provide the mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to subsection (c), Affor dable Housing, of this Section. When this one hundred (100) percent standard is accomplished, the remaining development on the site may be free -market residential development with no additional affordable housing mitigation required as long as there is no increase in the number of free -market residential units on the parcel. Free -market units in excess of the total number originally on the parcel shall be reviewed pursuant to Section 26.470.100, subsection (h) or (i), Residential Development - sixty (60) or seventy (70) percent affordable as required. b. Fifty (50) percent replacement. In the event of the demolition of free - market multi-family housing and replacement of less than one hundred (100) percent of the number of previous units, bedrooms or net livable area as described above, the applicant shall be required to construct affordable housing consisting of no less than fifty (50) percent of the number of units, bedrooms and the net livable area demolished. The replacement units shall be deed -restricted as Category 4 housing, pursuant to the guidelines of the Aspen/P itkin County Housing Authority. In summary, this option replaces the free -market units - with fifty (50) percent of the new units, bedrooms and net livable area allowed as free market units and fifty (50) percent of the new units, bedrooms and net livable area required as deed -restricted, Category 4, affordable housing units. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Section 26.470.100 (c), Affordable housing. 564 When this fifty (50) percent standard is accomplished, the remaining development on the site may be free -market residential development as long as additional affordable housing mitigation is provided pursuant to Section 26.470.080 , General Requirements, and there is no increase in the number of free-market residential units on the parcel. Free -market units in excess of the total number originally on the parcel shall be reviewed pursuant to Section 26.470.100, subsection (h) or (i), Residential Development - sixty (60) or seventy (70) percent affordable as required. c. One hundred (100) percent affordable housing replacement. When one hundred (100) percent of the free -market multi-family housing units are demolished and are solely replaced with deed-restricted affordable housing units on a site that are not required for mitigation purposes, including any net additional dwelling units, pursuant to Section 26.470.190(c) or Section 26.470.100(c), Affordable Housing; all of the units in the redevelopment are eligible for a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540, Certificates of Affordable Housing Credit. Any remaining unused free market residential development rights shall be vacated. (2) Requirements for demolishing deed -restricted, affordable multi -family housing units. In the event a project proposes to demolish or replace existing deed-restricted affordable housing units, the redevelopment may increase or decrease the number of units, bedrooms or net livable area such that there is no decrease in the total number of em ployees housed by the existing units. The overall number of replacement units, unit sizes, bedrooms and category of the units shall comply with the Aspen/Pitkin County Housing Authority Guidelines. (3) Location requirement. Multi-family replacement units, both free -market and affordable, shall be developed on the same site on which demolition has occurred, unless the owner shall demonstrate and the Planning and Zoning Commission determines that replacement of the units on si te would be in conflict with the parcel's zoning or would be an inappropriate solution due to the site's physical constraints. When either of the above circumstances result, the owner shall replace the maximum number of units on site which the Planning and Zoning Commission determines that the site can accommodate and may replace the remaining units off site, at a location determi ned acceptable to the Planning and Zoning Commission, or may replace the units by extinguishing the requisite number of affordable housing credits, pursuant to Chapter 26.540, Certificates of Affordable Housing Credit. When calculating the number of credits that must be extinguished, the most restrictive replacement measure shall apply. For example, for an applicant 565 proposing to replace one (1) one -thousand-square-foot three-bedroom unit at the fifty (50) percent rate using credits, the following calculations shall be used: • Fifty (50) percent of one thousand (1,000) square feet = five hundred (500) square feet to be replaced. At the Code mandated rate of one (1) FTE per four hundred (400) square feet of net livable area, this requires the extinguishments of 1.25 credits; or • A three-bedroom unit = three (3.0) FTEs. Fifty (50) percent of three (3.0) FTEs = 1.50 credits to be extinguished. Therefore, in the most restrictive application, the applicant must extinguish 1.50 credits to replace a three-bedroom unit at the fifty (5) percent rate. The credits to be extinguished would be Category 4 credits. (4) Fractional unit requirement. When the affordable housing replacement requirement of this Section involves a fraction of a unit, fee -in-lieu may be provided only upon the review and approval of the City Council, to meet the fractional requirement only, pursuant to Section 26.470.110(c), Provision of required affordable housing via a fee -in-lieu payment. (5) Timing requirement. Any replacement units required to be deed -restricted as affordable housing shall be issued a certificate of occupancy, according to the Building Department, and be available for occupancy at the same time as, or prior to, any redeveloped free -market units, regardless of whether the replacement units are built on site or off site. (6) Redevelopment agreement. The applicant and the City shall enter into a redevelopment agreement that specifies the manner in which the applicant shall adhere to the approvals granted pursuant to this Section and penalties for noncompliance. The agreement shall be recorded before a n application for a demolition permit may be accepted by the City. (7) Growth management allotments. The existing number of free-market residential units, prior to demolition, may be replaced exempt from growth management, provided that the units conform to the provisions of this Section. The redevelopment credits shall not be transferable separate from the property unless permitted as described above in subsection (3), Location requirement. (8) Exemptions. The Community Development Director shall exempt from the procedures and requirements of this Section the following types of development involving Multi -Family Housing Units. An exemption from these replacement requirements shall not exempt a development f rom compliance with any other provisions of this Title: 566 a. The replacement of Multi -Family Housing Units after non -willful demolition such as a flood, fire, or other natural catastrophe, civil commotion, or similar event not purposefully caused by the landowner. The Community Development Director may require docum entation be provided by the landowner to confirm the damage to the building was in - fact non-willful. To be exempted, the replacement development shall be an exact replacement of the previous number of units, bedrooms, and square footage and in the same configuration. The Community Development Director may approve exceptions to this exact replacement requi rement to accommodate changes necessary to meet current building codes; improve accessibility; to conform to zoning, design standards, or other regulatory requirements of the City; or, to provide other architectural or site planning improvements that have no substantial effect on the use or program of the development. (Also see Chapter 26.312, Nonconformities.) Substantive changes to the development shall not be exempted from this Section and shall be reviewed as a willful change pursuant to the procedures and requirements of this Section . b. The demolition of Multi -Family Housing Units by order of a public agency including, but not limited to, the City of Aspen for reasons of preserving the life, health, safety, or general welfare of the public. c. The demolition, combining, conversion, replacement, or redevelopment of Multi -Family Housing Units which have been used exclusively as tourist accommodations or by non -working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall still apply including zoning, growth management, and building codes. d. The demolition, combining, conversion, replacement, or redevelopment of Multi -Family Housing Units which were illegally created (also known as "Bandit Units"). Any improvements associated with Bandit Units shall be required to conform to current requiremen ts of this Title including zoning, growth management, and building codes. Replaced or redeveloped Bandit Units shall be deed restricted as Resident Occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. e. Any development action involving demising walls or floors/ceilings necessary for the normal upkeep, maintenance, or remodeling of adjacent Multi-Family Housing Units. 567 f. A change order to an issued and active building permit that proposes to exceed the limitations of remodeling/demolition to rebuild portions of a structure which, in the opinion of the Community Development Director, should be rebuilt for structural, safety , accessibility, or significant energy efficiency reasons first realized during construction, which were not known and could not have been reasonably predicted prior to construction, and which cause no or minimal changes to the exterior dimensions and character of the building. (e) Expansion or new commercial development. The expansion of an existing commercial building or commercial portion of a mixed -use building or the development of a new commercial building or commercial portion of a mixed - use building shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on general requirements outlined in Section 26.470.080 . (f) New free-market residential units within a multi -family or mixed-use project. The development of new free-market residential units within a multi - family or mixed -use project shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the general requirements outlined in Section 26.470.080 and the following criteria: (1) Affordable housing net livable area shall be provided in an amount equal to at least thirty (30)percent of the new free -market residential net livable area. (Note that for new free -market units that are included as part of a project subject to section 26.470.100 (d), Demolition or redevelopment of multi -family housing, the requirements in said section shall prevail.) (2) Affordable housing units provided shall be approved pursuant to Section 26.470.100 (c), Affordable Housing. (3) The mitigation unit(s) must be deed -restricted as a "for sale" Category 2 (or lower) housing unit and transferred to a qualified purchaser according to the provisions of the Aspen/Pitkin County Housing Authority Guidelines. (g) Expansion or new lodge development. The expansion of an existing lodge, the redevelopment of existing lodge which meets the definition of demolition, or the development of a new lodge shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the fo llowing criteria: (1) Sixty-five (65) percent of the employees generated by the lodge, timeshare lodge, exempt timeshare units, and associated commercial development, according to Section 26.470.050(b), Employee Generation, shall be mitigated through the provision of affordable housing. 568 (2) Free-market residential units included in a lodge development and which may be rented to the general public as a lodge unit shall be considered lodge units and mitigated through the provision of affordable housing in accordance with this Section. (3) Affordable housing units provided shall be approved pursuant to Section 26.470.100 (c), Affordable Housing. (4) New or redeveloped Boutique Lodges, or the conversion of lodge, residential or commercial uses to boutique lodge is subject to the mitigation standards for commercial uses as provided for in Section 26.470.080(d)(1) and (3). Note: A residential project that creates new lots via Subdivision, pursuant to Chapter 26.480, Subdivision, (excepting lot splits) or the replacement of existing multi -family units following Demolition, pursuant to Section 26.470.100(d), shall have the choice of using either Section 26.470.100(h) or 26.470.100(i), as specified below. These development types require the granting of development allotments . (h) Residential development—Sixty (60) percent affordable. The development of a residential project or an addition of units to an existing residential project, in which a minimum of sixty (60) percent of the additional units and thirty (30) percent of the additional Allowable Floor Area is affordable housing deed - restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: (1) A minimum of sixty (60) percent of the total additional units and thirty (30) percent of the project's additional Allowable Floor Area shall be affordable housing. Multi -site projects are permitted. Affordable housing units provided shall be approved pursu ant to Section 26.470.100(d), Affordable Housing, and shall average Category 4 rates as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. (2) If the project consists of only one (1) free -market residence, then a minimum of one (1) affordable residence representing a minimum of thirty (30) percent of the project's total Allowable Floor Area and deed - restricted as a Category 4 "for sale" unit, acc ording to the provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify. (i) Residential development —Seventy (70) percent affordable. The development of a residential project or an addition to an existing residential project, in which seventy (70) percent of the project's additional units and seventy (70) percent of 569 the project's additional bedrooms are affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the follo wing criteria: (1) Seventy (70) percent of the total additional units and total additional bedrooms shall be affordable housing. At least forty (40) percent of the units shall average Category 4 rates as defined in the Aspen/Pitkin County Housing Authority Guidelines. The re maining thirty (30) percent affordable housing unit requirement may be provided as Resident Occupied (RO) units as defined in the Aspen/Pitkin County Housing Authority Guidelines. Multi -site projects are permitted. Affordable housing units provided shall b e approved pursuant to Section 26.470.070(4), Affordable Housing. An applicant may choose to provide mitigation units at a lower category designation. (2) If the project consists of one (1) free -market residence, then the provision of one (1) RO residence and one (1) category residence shall be considered meeting the seventy -percent unit standard. If the project consists of two (2) free -market residences, then the provision of two (2) RO residences and two (2) category residences shall qualify. (Ord. No. 23-2017; Ord. No. 6-2019; Ord. No. 12-2019; Ord. No. 12-2021, § 1, 5-11- 2021; Ord. No. 13-2021, § 4, 5-11-2021; Ord. No. 13-2022, § 7, 6-28-2022) Sec. 26.470.110. - City council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.060, Procedures for Review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.080. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments , when applicable. (a) Multi-year development allotment. The City Council, upon a recommendation from the Planning and Zoning Commission, shall approve, approve with conditions or deny a multi-year development allotment request based on the following criteria: (1) A project is required to meet at least five (5) of the following criteria. a. The proposal exceeds the minimum affordable housing required for a standard project. b. The proposed project represents an excellent historic preservation accomplishment. A recommendation from the Historic Preservation Commission shall be considered for this standard. 570 c. The proposal furthers affordable housing goals by providing units established as priority through the current Aspen/Pitkin County Housing Authority Employee Housing Regulations and Housing Development Policy and provides a desirable mix of affordable unit types, economic levels and lifestyles (e.g., singles, seniors, families, etc.). d. The proposal minimizes impacts on public infrastructure by incorporating innovative, energy -saving techniques. Recommendations from relevant departments shall be considered for this standard. For example, if an applicant proposed an innovative design relat ed to the storm sewer system, a recommendation from the Engineering Department shall be considered. e. The proposal minimizes construction impacts beyond minimum requirements both during and after construction. A recommendation from the Engineering and Building Departments shall be considered for this standard. f. The proposal maximizes potential public transit usage and minimizes reliance on the automobile by exceeding the requirements in Chapter 26.515, Off-Street Parking and Mobility. A recommendation from the Transportation and Engineering Departments shall be considered for this standard. g. The proposal exceeds minimum requirements of the Residential Demolition and Redevelopment Standards or for LEED certification, as applicable. A recommendation from the Building Department and/or Engineering Department shall be considered for this standard. h. The proposal represents a desirable site plan and an architectural design solution. i. The proposal promotes opportunities for local businesses through the provision of Alley stores or second -tier commercial space. (2) The project complies with all other provisions of the Land Use Code and has obtained all necessary approvals from the Historic Preservation Commission, the Planning and Zoning Commission and the City Council, as applicable. (3) The Community Development Director shall be directed to reduce the applicable annual development allotments, as provided in Section 26.470.120, in subsequent years as determined appropriate by the City Council. (b) Provision of required affordable housing units outside City limits. The provision of affordable housing, as required by this Chapter, with units to be located outside the City boundary, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: 571 (1) The off-site housing is within the Aspen Urban Growth Boundary. (2) The proposal furthers affordable housing goals by providing units established as priority through the current Aspen/Pitkin County Housing Authority Guidelines and provides a desirable mix of affordable unit types, economic levels and lifestyles (e.g., sing les, seniors and families). (3) The applicant has received all necessary approvals from the governing body with jurisdiction of the off-site parcel. City Council may accept any percentage of a project's total affordable housing mitigation to be provided through units outside the City's jurisdictional limits, including all or none. (c) Provision of required affordable housing via a fee -in-lieu payment. The provision of affordable housing in excess of 0.10 Full -Time Equivalents (FTEs) via a fee -in-lieu payment, upon a recommendation from the Planning and Zoning Commission shall be approved, approved with conditions or denied by the City Council based on the following criteria: (1) The provision of affordable housing on site (on the same site as the project requiring such affordable housing) is impractical given the physical or legal parameters of the development or site or would be inconsistent with the character of the neighborhood in which the project is being developed. (2) The applicant has made a reasonably good -faith effort in pursuit of providing the required affordable housing off site through construction of new dwelling units, the deed restriction of existing dwelling units to affordable housing status, or through the purchase of affordable housing certificates. (3) The applicant has made a reasonably good -faith effort in pursuit of providing the required affordable housing through the purchase and extinguishment of Certificates of Affordable Housing Credit. (4) The proposal furthers affordable housing goals, and the fee -in-lieu payment will result in the near-term production of affordable housing units. The City Council may accept any percentage of a project's total affordable housing mitigation to be provided through a fee -in-lieu payment, including all or none. (d) Essential public facilities. The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: 572 (1) The Community Development Director has determined the primary use and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. (2) The Planning and Zoning Commission shall determine the number of employees generated by the essential public facility pursuant to Section 26.470.050(c), Employee Generation Review. (3) Upon a recommendation from the Community Development Director and the Planning and Zoning Commission, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. (e) Preservation of significant open space parcels. On a project-specific basis and upon a recommendation from the Planning and Zoning Commission, the City Council shall approve, approve with conditions or deny development of one (1) or more residences in exchange for the permanent preservation of one (1) or more parcels considered significant for the preservation of open space. The preservation parcel may lie outside the City jurisdiction. The exempted residential units shall be deducted from the respective annual development allotment established pursuant to Section 26.470.040(b). The exempted residential units shall provide affordable housing mitigation, pursuant to the applicable requirements of Chapter 26.470. This exemption shall only apply to the specific residences approved through this provision. Other residences within a project not specifically exempted through this provision shall require growth management approvals pursuant to this Chapter. The criteria for determining the significance of a preservation parcel and the associated development rights to be granted may include: (1) The strategic nature of the preservation parcel to facilitate park, trails or open space objectives of the City. This shall include a recommendation from the City of Aspen Open Space Acquisition Board. (2) Identification of the preservation parcel as desirable for preservation in any adopted master plans of the City or following a recommendation from the Parks and Open Space Department. (3) Proximity and/or visibility of the preservation parcel to the City. (4) The development rights of the preservation parcel, including the allowed uses and intensities and impacts associated with those uses if developed to the maximum. (5) The proposed location of the parcel being granted growth management approvals and the compatibility of the resulting uses and intensities of development with the surrounding neighborhood, including the impacts from the specified method of providing afforda ble housing mitigation. The new 573 residences shall be restricted to the underlying zoning restrictions of the property on which they lie unless additional restrictions are necessary in order to meet this criterion. (6) The preservation parcel shall be encumbered with a legal instrument, acceptable to the City Attorney, which sterilizes the parcel from further development in perpetuity. (f) Reduction in lodge units. The reduction of units in an existing or approved Lodge or Boutique Lodge shall be reviewed pursuant to the standards listed below. Review shall be by City Council pursuant to Section 26.470.060(c), Step Two. Properties ceasing all lodging operations shall not be subject to this review. Physical changes to the property may be required for compliance with zoning limitations. (1) The project shall comply with the review standards outlined in Section 26.425.035, Conditional Use - Standards for Boutique Lodge Uses, but shall not be subject to a Conditional Use review unless required by the underlying zone district or overlay zone district. (2) The proposed use meets the definition of Boutique Lodge or Lodge in Section 26.104.110 , as applicable. (3) The proposed reduction will likely result in a product that meets customer demand. The lodge may provide documentation to indicate their targeted consumer's lodging expectations. (4) The proposed reduction will not likely result in the property being used as a private residence. The city may request assurances that the lodge is not being converted to a private residence through a development agreement, or the like. (g) Additional allotments for local property owners of Single -Family and Duplex Redevelopment or Expansion that does trigger Demolition as defined by Chapter 26.580 and Section 26.470.090 (c). Any property owner within the City who applied for an allotment through Section 26.470.090 and was not granted an allotment due to a lack of allotments available for the calendar year can request an allotment from future years. Up to two (2) allotments may be granted through this process and shall not be deducted from a future year's available allotments. This review procedure is available only to property owners who can establish, through such procedures and documentation set forth below, that the property proposed for redevelopment or expansion has been owned and occupied by the applicant or applicant's immediate family members for at least 35 years. All other property owners may request an allotment through the Multi - year development allotment procedures outlined in Section 26.470.110(a). The following review criteria shall apply to the consideration of the award of additional allotments pursuant to this subsection (g): 574 (1) The property owner or immediate family members have owned and occupied the property for at least thirty -five (35) years. Documentation evidencing ownership and residency shall be provided, which may include but is not limited to property transactions records, property tax remittance, voter regi stration records, and the like. Additionally, signed affidavit(s) attesting to ownership and occupancy for all thirty -five (35) years must be submitted. (2) The granting of the allotment furthers the goals, objectives and policies of the Aspen Area Community Plan. (3) The project meets all review criteria in Section 26.470.090(c)(3), or a variation is approved by the Planning and Zoning Commission. (Ord. No. 13-2022, § 7, 6-28-2022) Sec. 26.470.120. - Yearly growth management accounting procedures. (a) General. The Community Development Director shall maintain an ongoing account of available, requested and approved growth management allocations for all land uses identified in Table 1 of Section 26.470.020. Allotments shall be considered allocated upon issuance of a development order for the project. Unless specifically not deducted from the annual development allotment, all units of growth shall be included in the accounting. Approved affordable housing un its shall be counted regardless of the unit being provided as mitigation or otherwise. (b) Yearly Allotment Carry -Forward Procedures. At the conclusion of each growth management year, the Community Development Director shall prepare a summary of growth allocations. The City Council, at its first regular meeting of the growth management year, shall review the prior year's growth summary, consider a recommendation from the Community Development Director, and shall, via adoption of a resolution, establish the number of unused and unclaimed allotments to be carried forward and added to the annual allotment. A public hearing is not required a nd this action may be completed as part of City Council's consent calendar. The City Council may carry forward any portion of the previous year's unused allotment, including all or none. The City Council shall consider the following criteria in determining the allotments to be carried forward: (1) The community's growth rate over the preceding five -year period. (2) The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. (3) The expected impact from approved developments that have obtained allotments, but that have not yet been built. 575 There is no limit, other than that implemented by the City Council, on the amount of potential growth that may be carried forward to the next year. Any allotments awarded to a project which does not proceed and which are considered void shall constitute unused allotments and may be considered for allotment roll -over by the City Council for the year from which they were assigned. If a project decides n ot to proceed with the development after Council's decision on roll -over allotments for that year, then those allotments shall be considered expired and no longer available. Allotments shall be considered vacated by a property owner upon written notificati on from the property owner or upon expiration of the development right pursuant to Section 26.470.040 (d), Expiration of Growth Management Allotments. (Ord. No. 13-2022, § 7, 6-28-2022) Sec. 26.470.130. - Application contents. Applications for growth management shall include the following: (1) The general application information required in Common development review procedures, Chapter 26.304. (2) A site-improvement survey meeting the requirements of Title 29, Engineering Design Standards. (3) A description of the project and the number and type of the requested growth management allotments. (4) A detailed description and site plan of the proposed development, including proposed land uses, densities, natural features, traffic and pedestrian circulation, off - street parking, open space areas, infrastructure improvements, site drainage and any associated off-site improvements. (5) A description of the proposed affordable housing and how it provides adequate mitigation for the project and conforms to the Aspen/Pitkin County Housing Authority Guidelines. (6) A statement specifying the public facilities that will be needed to accommodate the proposed development, proposed infrastructure improvements and the specific assurances that will be made to ensure that the public facilities will be available to accommodate the proposed development. (7) A written response to each of the review criteria for the particular review requested. (8) Copies of required approvals from the Planning and Zoning Commission, Historic Preservation Commission and the City Council, as necessary. 576 (Ord. No. 23-2017; Ord. No. 12-2019; Ord. No. 13-2022, § 7, 6-28-2022) Sec. 26.470.140. - Reconstruction limitations. In reconstruction scenarios, growth management allotments and any other reconstruction rights that this Code establishes, may continue, subject to the following limitations. (a) An applicant may propose to demolish and then delay the reconstruction of existing development for a period not to exceed one (1) year. To comply with this limitation and maintain the reconstruction right, an applicant must submit a complete building permi t application for reconstruction on or before the one -year anniversary of the issuance date of the demolition permit. The City Council may extend this deadline upon demonstration of good cause. The continuation of growth management allotments in a reconstruction scenario for single -family and duplex development are not subject to this time limitation. (b) Single-family and duplex development receive no credit for existing Mitigation Floor Area for the purposes of determining affordable housing mitigation in redevelopment scenarios that meet the definition of Demolition, per Chapter 26.580. The exception to this is when a single -family or duplex is demolished by an act of nature or through any manner not purposefully accomplished by the owner. (c) Applicants shall verify existing conditions prior to demolition with the City Zoning Officer. An applicant's failure to accurately document existing conditions prior to demolition and verify reconstruction rights with the City Zoning. (d) Reconstructed buildings shall comply with applicable requirements of the Land Use Code, including but not limited to Chapter 26.312, Nonconformities, and Chapter 26.710, Zone Districts. (e) Any reconstruction rights shall be limited to reconstruction on the same parcel or on an adjacent parcel under the same ownership. (f) Residential redevelopment credits may be converted to lodge redevelopment credits by right. The conversion rate shall be three (3) lodge units per each one (1) residential unit. This is a one-way conversion, and lodge credits may not be converted to residential credits. (Ord. No. 13-2022, § 7, 6-28-2022) Sec. 26.470.150. - Amendment of a growth management development order. 577 (a) Insubstantial amendment. An insubstantial amendment to an approved growth management development order may be authorized by the Community Development Director if: (1) The change conforms to all other provisions of the Land Use Code and does not exceed approved variations to the residential design standards, require an amendment to the commercial design review approval or such variations or amendments have been approved. (2) The change does not alter the number, size, type or deed restriction of the proposed affordable housing units, subject to compliance with the Aspen/Pitkin County Housing Authority Guidelines. (3) The change is limited to technical or engineering considerations discovered prior to or during actual development that could not reasonably be anticipated during the review process or any other minor change that the Community Development Director finds has no substantial effect on the conditions and representations made during the original project review. (b) Substantial amendment. All other amendments to an approved growth management development order shall be reviewed pursuant to the terms and procedures of this Chapter. Allotments granted shall remain valid and applied to the amended application, provided that the amendment appli cation is submitted prior to the expiration of vested rights. Amendment applications requiring additional allotments or allotments for different uses shall obtain those allotments pursuant to the procedures of this Chapter. Any new allotments shall be dedu cted from the growth management year in which the amendment is submitted. (Ord. No. 13-2022, § 7, 6-28-2022) Sec. 26.470.160. - Appeals. (a) Appeal of adverse determination by Community Development Director. An appeal made by an applicant aggrieved by a determination made by the Community Development Director on an application for administrative review shall be to the Planning and Zoning Commission. The appeal procedures set forth at Chapter 26.316 shall apply. The Planning and Zoning Commission may reverse, affirm or modify the decision or determination of the Community Development Director based upon the application submitted to the Community Development Director and the record established by the Director's review. The decision of the Planning and Zoning Commission shall constitute the final administrative action on the matter. (b) Appeal of adverse determination by Planning and Zoning Commission. An appeal made by an applicant aggrieved by a determination made by the Planning and Zoning Commission on an application for Planning and Zoning Commission review shall be to the City Council. The appeal procedures set forth at Chapter 26.316 shall apply. The City Council may reverse, affirm or modify the decision or determination of the Planning and Zoning Commission based upon the application submitted to the Planning and Zoning Commission and the record established by the Commission's revie w. The 578 decision of the City Council shall constitute the final administrative action on the matter. (c) Insufficient development allotments. Any property owner within the City who is prevented from developing a property because that year's development allotments have been entirely allocated may appeal to the City Council for development approval. An application requesting allotments must first be denied due to lack of necessary allotments. The appeal procedures set forth at Chapter 26.316 shall apply. The City Council may take any such action determined necessary, including but not limited to making a one-time increase of the annual development allotment sufficient to accommodate the application. (Ord. No. 14, 2007, §§ 1, 10 ; Ord. No. 31, 2016, § 1; Ord. No. 12-2019; Ord. No. 13-2022, § 7, 6-28-2022) 579 Sec. 26.212.010. - Powers and duties. In addition to any authority granted the Planning and Zoning Commission (hereinafter "Commission") by state law or the Municipal Code of the City of Aspen, Colorado, the Commission shall have the following powers and duties: (a) To initiate amendments to the text of this Title, pursuant to Chapter 26.310; (b) To review and make recommendations of approval or disapproval of amendments to the text of this Title, pursuant to Chapter 26.310; (c) To initiate amendments to the Official Zone District Map, pursuant to Chapter 26.310; (d) To review and make recommendations of approval, approval with conditions or disapproval to the City Council in regard to amendments of the Official Zone District Map, pursuant to Chapter 26.310; (e) To review and make recommendations of approval, approval with conditions, or disapproval to the City Council on a Planned Development Project Review and to approve, approve with conditions, or deny Planned Development Detailed Review, pursuant to Chapter 26.445, Planned Development; (f) To review and grant allotments for residential, office, commercial and lodge pursuant to growth management quota system (GMQS), pursuant to Chapter 26.470; (g) To hear, review and recommend approval, approval with conditions or disapproval of a plat for subdivision, pursuant to Chapter 26.480; (h) To hear and approve, approve with conditions or disapprove conditional uses pursuant to Chapter 26.425; (i) To hear and approve, approve with conditions or disapprove development subject to special review, pursuant to Chapter 26.430; (j) To hear and approve, approve with conditions or disapprove development in environmentally sensitive areas (ESA), pursuant to Chapter 26.435; (k) To make its special knowledge and expertise available upon reasonable written request and authorization of the City Council to any official, department, board, commission or agency of the City, County, State or the federal government; (l) To adopt such rules of procedure necessary for the administration of its responsibilities not inconsistent with this Title; (m) To grant variances, not including variances to allowable FAR or height, from the provisions of this Title when a consolidated application is presented to the Commission for review and approval pursuant to Chapter 26.314; (n) To grant variances from the provisions of this Title when a consolidated application is presented to the Commission for review and approval pursuant to Chapter 26.314; Exhibit B 580 (o) To hear, review and approve variances to the residential design guidelines, pursuant to Chapter 26.410; (p) To hear and decide appeals from and review any order, requirement, decision or determination made by any administrative official charged with the enforcement of Chapter 26.410, including appeals of interpretation of the text of the residential design standards. The Commission may only grant relief from the residential design standards. A variance from the residential design standards does not grant an approval to vary other sta ndards of this Chapter that may be provided by another decision-making administrative body; and (q) To hear, review and approve, approve with conditions or disapprove an application for Public Projects Review, pursuant to Chapter 26.500. (r) To hear, review and approve, approve with conditions or disapprove an application appealing the Community Development Director's determination that Demolition has been triggered pursuant to Chapter 26.580. (Ord. No. 41-2002, § 1; Ord. No. 50a-2005, § 3; Ord. No. 12-2007, § 6; Ord. No. 31-2012, § 4; Ord. No. 36- 2013, § 8; Ord. No. 46-2015, § § 5&6; Ord. No. 13-2022, § 3, 6-28-2022) 581 HOUSE BILL 23-1255 BY REPRESENTATIVE(S) Lindstedt and Dickson, deGruy Kennedy, Epps, Froelich, Garcia, Jodeh, Lindsay, Mabrey, Michaelson Jenet, Sharbini, Sirota, Woodrow, Kipp, Story, Vigil, Weissman; also SENATOR(S) Gonzales, Buckner, Cutter, Hinrichsen, Moreno, Priola, Winter F. CONCERNING PREEMPTION OF LOCAL REGULATIONS LIMITING THE NUMBER OF BUILDING PERMITS ISSUED FOR DEVELOPMENT. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 29-20-104.2 as follows: 29-20-104.2. Anti-growth law - preemption - legislative declaration - definitions. (1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT: (a) A RELIABLE PUBLIC POLICY ENVIRONMENT THAT SUPPORTS AN ADEQUATE AND AFFORDABLE HOUSING SUPPLY IS A MATTER OF STATEWIDE CONCERN, AND A HEALTHY SUPPLY OF HOUSING UNITS TO MATCH BOTH CURRENT DEMAND AND FUTURE DEMAND DRIVEN BY POPULATION GROWTH NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act.582 IS CRITICAL FOR JOB CREATION, HOUSING STABILITY, AFFORDABILITY, AND THE OVERALL ECONOMIC WELL-BEING OF ALL COLORADANS; (b) THE LACK OF AFFORDABLE HOUSING IN COLORADO IS DIRECTLY ATTRIBUTABLE TO THE SCARCITY OF HOUSING UNITS; (c) ACCORDING TO A STUDY OF HOUSING DEVELOPMENT IN COLORADO, THE STATE HAS OVER ONE HUNDRED SEVENTY-FIVE THOUSAND FEWER HOUSING UNITS THAN NEEDED TO RESTORE ITS HISTORICAL POPULATION-TO-HOUSING RATIO FROM 1986 THROUGH 2008; (d) TO CLOSE THE DEFICIT AND ACCOUNT FOR PROJECTED POPULATION GROWTH, THE STATE WILL NEED TO ADD OVER ONE HUNDRED SIXTY-TWO THOUSAND HOUSING UNITS BY 2027; (e) ANTI-GROWTH LAWS ENACTED BY LOCAL GOVERNMENTS SEVERELY UNDERMINE THE ABILITY TO CONSTRUCT THE ADDITIONAL HOUSING UNITS COLORADANS NEED; (f) ANTI-GROWTH LAWS DO IRREPARABLE ECONOMIC HARM TO WORKING CLASS COLORADANS BY LIMITING THE HOUSING SUPPLY AND DRIVING UP HOUSING PRICES AND RENTS. FURTHERMORE, ANTI-GROWTH LAWS THREATEN THE LIVELIHOOD OF COLORADANS EMPLOYED IN CONSTRUCTION AND OTHER BUILDING TRADES AS WELL AS BUSINESSES ACROSS THE STATE THAT RELY ON THE COMMERCE ASSOCIATED WITH HOME BUILDING. (g) UNIFORMITY IN LAND USE LAWS CONCERNING RESIDENTIAL GROWTH IS NECESSARY FOR EFFICIENT RESIDENTIAL DEVELOPMENT STATEWIDE AND FOR THE ENCOURAGEMENT OF CONSTRUCTION OF NEW HOUSING UNITS; (h) THE ENACTMENT OR ENFORCEMENT OF ANTI-GROWTH LAWS BY SOME LOCAL GOVERNMENTS DECREASES HOUSING DEVELOPMENT IN THESE LOCATIONS AND PUTS PRESSURE ON OTHER LOCAL GOVERNMENTS' RESIDENTIAL HOUSING STOCK, ROADS, UTILITIES, AND OTHER SERVICES; AND (i) IT IS THEREFORE NECESSARY FOR THE GENERAL ASSEMBLY TO PREEMPT AND PROHIBIT THE ENFORCEMENT OF EXISTING ANTI-GROWTH LAWS AND PROHIBIT THE ENACTMENT AND ENFORCEMENT OF NEW PAGE 2-HOUSE BILL 23-1255 583 ANTI-GROWTH LAWS. (2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) "ANTI-GROWTH LAW" MEANS A LAND USE LAW THAT EXPLICITLY LIMITS EITHER THE GROWTH OF THE POPULATION IN THE GOVERNMENTAL ENTITY'S JURISDICTION OR THE NUMBER OF DEVELOPMENT PERMITS OR BUILDING PERMIT APPLICATIONS FOR RESIDENTIAL DEVELOPMENT OR THE RESIDENTIAL COMPONENT OF ANY MIXED USE DEVELOPMENT SUBMITTED TO, REVIEWED BY, APPROVED BY, OR ISSUED BY A GOVERNMENTAL ENTITY FOR ANY CALENDAR OR FISCAL YEAR. AS USED IN THIS SUBSECTION (2)(a), "LAND USE LAW" MEANS ANY STATUTE, RESOLUTION, ORDINANCE, CODE, RULE, REGULATION, PLAN, POLICY, PROCEDURE, STANDARD, INITIATIVE, GUIDELINE, REQUIREMENT, OR LAW THAT REGULATES THE USE OR DIVISION OF PROPERTY OR ANY INTEREST IN PROPERTY. (b) "GOVERNMENTAL ENTITY" MEANS: (I) A STATUTORY OR HOME RULE COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY; AND (II) ANY SPECIAL DISTRICT OR AGENCY, AUTHORITY, POLITICAL SUBDIVISION, OR INSTRUMENTALITY OF A COUNTY, OR OF A CITY AND COUNTY, OR OF A MUNICIPALITY. (c) "PROPERTY" MEANS REAL PROPERTY LOCATED WITHIN THE STATE THAT IS NOT PUBLICLY OWNED. (3) NOTWITHSTANDING ANY PROVISION OF SECTION 29-20-104 TO THE CONTRARY, A GOVERNMENTAL ENTITY SHALL NOT ENACT OR ENFORCE AN ANTI-GROWTH LAW AFFECTING PROPERTY. (4) (a) NOTWITHSTANDING ANY PROVISION OF SECTION 29-20-104 OR SUBSECTION (3) OF THIS SECTION TO THE CONTRARY, A GOVERNMENTAL ENTITY MAY ENACT AND ENFORCE A TEMPORARY, NONRENEWABLE ANTI-GROWTH LAW: (I) FOLLOWING A DISASTER EMERGENCY DECLARED BY THE GOVERNOR OR LOCAL GOVERNMENT THAT OCCURRED IN THE JURISDICTION PAGE 3-HOUSE BILL 23-1255 584 OF THE GOVERNMENTAL ENTITY; (II) FOR THE PURPOSE OF DEVELOPING OR AMENDING LAND USE PLANS OR LAND USE LAWS COVERING RESIDENTIAL DEVELOPMENT OR THE RESIDENTIAL COMPONENT OF A MIXED-USE DEVELOPMENT; OR (III) TO PROVIDE FOR THE EXTENSION OR ACQUISITION OF PUBLIC INFRASTRUCTURE, PUBLIC SERVICES, OR WATER RESOURCES. (b) A TEMPORARY, NONRENEWABLE ANTI-GROWTH LAW AFFECTING PROPERTY ALLOWED BY SUBSECTION (4)(a) OF THIS SECTION MAY BE EFFECTIVE FOR NO MORE THAN TWENTY-FOUR MONTHS IN ANY FIVE-YEAR PERIOD. (5) (a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5)(b) OF THIS SECTION, NOTHING IN THIS SECTION REQUIRES A GOVERNMENTAL ENTITY TO APPROVE A PERMIT APPLICATION OR PRECLUDES A GOVERNMENTAL ENTITY FROM REGULATING THE USE OF LAND, DEVELOPING LAND USE PLANS, ENACTING AFFORDABILITY REQUIREMENTS THAT REGULATE OR RESTRICT MARKET RATE DEVELOPMENT OR REDEVELOPMENT IN ORDER TO ENFORCE AFFORDABILITY REQUIREMENTS, REGULATING THE RENTAL OF ANY PROPERTY OR PORTION OF A PROPERTY THAT IS AVAILABLE FOR LODGING FOR LESS THAN THIRTY DAYS, OR DENYING A PERMIT FOR ANY REASON, INCLUDING EXTENDING OR ACQUIRING INFRASTRUCTURE, WATER RESOURCES, OR SERVICES. (b) SUBSECTION (5)(a) OF THIS SECTION DOES NOT APPLY TO A HOTEL UNIT PORTION OF A STRUCTURE THAT IS USED BY A BUSINESS ESTABLISHMENT TO PROVIDE COMMERCIAL LODGING TO THE GENERAL PUBLIC FOR PREDOMINANTLY OVERNIGHT OR WEEKLY STAYS, THAT IS CLASSIFIED AS A HOTEL OR MOTEL FOR PURPOSES OF PROPERTY TAXATION, THAT IS NOT A UNIT, AS DEFINED IN SECTION 38-33.3-103 (30), IN A CONDOMINIUM, AND THAT IS ZONED OR PERMITTED BY A GOVERNMENTAL ENTITY FOR USE AS A HOTEL. SECTION 2. In Colorado Revised Statutes, 29-20-104, amend (1) introductory portion as follows: 29-20-104. Powers of local governments - definition. (1) Except as expressly provided in section 29-20-104.5 SECTION 29-20-104.2 OR PAGE 4-HOUSE BILL 23-1255 585 29-20-104.5, the power and authority granted by this section does not limit any power or authority presently exercised or previously granted. EXCEPT AS PROVIDED IN SECTION 29-20-104.2, each local government within its respective jurisdiction has the authority to plan for and regulate the use of land by: SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in PAGE 5-HOUSE BILL 23-1255 586 November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. ____________________________ ____________________________ Julie McCluskie Steve Fenberg SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Robin Jones Cindi L. Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S. Polis GOVERNOR OF THE STATE OF COLORADO PAGE 6-HOUSE BILL 23-1255 587 MEMORANDUM TO:City Council FROM:Matt Grau, Budget Manager THRU: Sara Ott, City Manager & Pete Strecker, Finance Director MEETING DATE:November 12, 2024 RE:Adoption of the 2025 Budget Resolution No. 126 (Series 2024) Request of Council: Resolution 126 contains a combined net budget authority for the City’s municipal funds for operational, debt service and capital outlay equal to $175,175,415 (excluding double-counted interfund transfers). This annual spending plan reflects an increase of 13.6% from the previous year’s original budget, and further advances the Council’s affordable housing, environmental, mobility, infrastructure, customer focused government, and community building goals. Also included within the resolution are net appropriations for two of the City’s component unit funds, as follows: Truscott Phase II Affordable Housing Fund of $1,496,210with estimated revenues of $1,476,800; and Aspen Country Inn Affordable Housing Fund of $801,160 with estimated revenues of $747,400. Previous Actions: City Council and staff worked through the 2025 Proposed Budget during four work sessions held September 30 – October 28, 2024. These work sessions progressed through each of the twenty-one City funds and two component unit funds, provided key work plan and capital plan highlights, and proposed changes to municipal fees for the next year. City of Aspen Budget:The 2025 operating budget is developed utilizing the prior year’s appropriation plus inflationary pressures as a starting point and to continue existing service levels. From there, the Manager proposes supplemental adjustments to target additional resources to address community and council desires, external mandates, and to address where inflation exceeded base allowances. For 2025, the proposed budget incorporated an additional $5.9 million for these requests, increasing the operational budget by 4.4%. Overall, this year’s 2025 budget focuses on advancing Council goals through multiple strategic areas of focus. Budget highlights include: $20.0 million for implementing phase zero of the Lumberyard affordable housing project, bringing the community closer to the development of roughly 280 additional affordable housing units. Prioritizing and maintaining City assets through multiple capital projects including $3.2 million for the multiple asphalt replacement projects, $5.5 million for water treatment facility improvements, $2.7 million for electrical grid circuit replacement, $3.1 million for stormwater / sewer and water pipe improvements. Focusing on environmental stewardship, with greater investment in electrification of the City’s fleet, $300,000 to complete the Stormwater system assessment, $187,678 for expansion of the Parks Natural Resource and Ranger programs, supplemental requests for staff support in Climate Action and furthering the Building IQ program with $420,000 engagement with CORE. Funding significant mobility improvements with an initial $800,000 for improved parking management in the core business district, $1.3 million for various pedestrian connectivity and ADA improvements, and a $1.3 million investment in replacement of rolling capital for transportation. 588 Supporting Council’s community building and health goal in recommending another $2.0 million to further develop the long-term plan through construction drawings for a remodeled Armory building that is reflective of community desires, along with support of an Aspen Public Art Program. Adjustments Since Initial Budget Proposal: Incorporated into the 2025 proposal are changes recently discussed with the Council at the October 28 th work session and are summarized below: $82,450 technical adjustment to correct a double counted reduction for seasonal staff funding related to the Engineering construction mitigation officer FTE request; $57,000 increase to the Police supplemental request for 911 Communication Center operating expenses; $118,500 increase in the base Food Tax Refund program to $132 per qualifying person; ($137,500) reduction in General Fund operating budget for the removal of X-Games funding; ($240,000) reduction in Parks budget for the removal of the Marolt Bike Skills Trail project; and (59,897) reduction in projected revenues from the Cozy Point Archery Grant. 2024 Orig. Budget 2025 Budget $ Change % Change Revenues $191,032,576 $206,698,878 $15,666,302 8.2% On-Going Ops Budget (Base)$100,779,111 $105,819,930 $5,040,819 5.0% One-Time Supplementals $1,383,900 N/A ($1,383,900)N/A New Supplementals N/A $5,919,870 $5,919,870 N/A Total Operating $102,163,611 $111,739,800 $9,576,189 9.4% Capital Outlay $45,638,230 $57,102,210 $11,463,980 25.1% Debt Service $6,410,370 $6,333,405 ($76,965)(1.2%) Net Appropriations $154,211,611 $175,175,415 $20,963,804 13.6% Transfers $31,309,050 $35,977,310 $4,668,260 14.9% Total Appropriations $185,520,661 $211,152,725 $25,632,064 13.8% Ending Fund Balance $254,164,578 $293,575,727 $39,411,149 15.5% Component Unit Funds’ Budgets: Truscott Phase II Affordable Housing Fund is one of two component units of the City of Aspen. Annual revenues from this operation are such that collections should be sufficient to cover the annual operations and debt service payments in this fund. The City is also the managing general partner for the ACI Affordable 1 LLLP. This Limited Liability Limited Partnership - which also has a limited partner (APCHA) and an investment limited partner (Boston Capital) - owns the Aspen Country Inn. 589 Truscott Phase II Property Aspen Country Inn Property Revenues $1,476,800 $747,400 Base Funding $580,770 $266,890 Supplemental Requests $0 $0 Total Operating $580,770 $266,890 Capital Outlay $518,500 $396,000 Debt Service $396,940 $138,270 Net Appropriations $1,496,210 $801,160 Transfers $0 $0 Total Appropriations $1,496,210 $801,160 Ending Fund Balance $160,184 $119,773 Recommendations:Staff recommend approval of Resolution 126 adopting the 2025 Budget. City Manager Comments: 590 RESOLUTION NO. 126 (SERIES OF 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO ADOPTING 1) THE 2025 MUNICIPAL BUDGET; AND 2) THE 2025 BUDGETS FOR TRUSCOTT PHASE II AFFORDABLE HOUSING FUND AND ASPEN COUNTY INN AFFORDABLE HOUSING FUND, WHICH ARE COMPONENT UNIT FUNDS OF THE CITY OF ASPEN, AND AUTHORIZING APPROPRIATIONS PURSUANT THERE TO WHEREAS,the City Manager, designated by Charter to prepare the budget, has prepared and submitted to the Mayor and City Council the annual budget for the City of Aspen, Colorado for the fiscal year beginning January 1, 2025 and ending December 31, 2025; and WHEREAS,in accordance with Section 9.8 of the Home Rule Charter, the Council shall adopt the budget by resolution on or before the final day established by law as December 15th for certification of the ensuing year’s tax levy to the county; and WHEREAS,Article 9 of the Aspen Home Rule Charter requires the adoption of an annual budget with the opportunity for the public to participate at a public hearing at least 15 days prior to the statutory deadline for certification of the ensuing year’s tax levy to the county, it is the intent of the Council by adoption of this budget to follow the requirements of City Charter; and WHEREAS,the budgets as submitted in Exhibits A & B sets forth the amounts to be appropriated for expenditure,and estimated revenues, for each accounting fund for the calendar year of 2025, SECTION 1: NOW THEREFORE,be it resolved by City Council, that the budget for the City of Aspen, Colorado for fiscal year 2025, attached hereto as Exhibit A and incorporated herein by this reference, is hereby adopted. All constituted appropriations amounting to $211,152,725, and estimated revenuesamounting to $206,698,878,areherebydeclared to be sufficient and necessary to pay the expenses and certain indebtedness, and provide for a reasonable fund balance at the close of the fiscal year beginning January 1, 2025, and ending December 31, 2025, as required pursuant to 29-1-103 (2), C.R.S. SECTION 2: NOW THEREFORE,be it resolved by City Council, that the budget for the City of Aspen, Colorado, attached hereto as Exhibit B, Truscott Phase II Affordable Housing Fund for fiscal year 2025 is hereby adopted with appropriations amounting to $1,496,210, and estimated revenues amounting to $1,476,800. Aspen Country Inn Affordable Housing Fund for fiscal year 2025 is hereby adopted with appropriations amounting to $801,160, and estimated revenues amounting to $747,400. That all are hereby declared to be sufficient and necessary to pay the expenses and certain indebtedness, and provide for a reasonable fund balance at the close of the fiscal year 591 beginning January 1, 2025, and ending December 31, 2025, as required pursuant to 29-1-103 (2), C.R.S. Adopted this 12th, day of November 2024 _____________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing is a true and accurate copy of the Resolution adopted by the City Council at its meeting held on the 12th day of November 2024. _______________________________ Nicole Henning, City Clerk 592 Exhibit A - 2025 Appropriation by Fund Fund Name Opening Balance Revenues Expenditures Ending Balance 001-General Fund $44,107,815 $51,925,349 $50,784,863 $45,248,300 100-Parks and Open Space Fund $6,660,486 $21,088,526 $21,402,684 $6,346,328 120-Arts & Culture Fund $48,960,806 $9,972,960 $9,146,130 $49,787,636 130-Tourism Promotion Fund $382,321 $4,479,750 $4,479,750 $382,321 131-Public Education Fund ($0)$4,629,360 $4,629,360 ($0) 132-REMP Fund $2,338,043 $910,100 $1,350,000 $1,898,143 141-Transportation Fund $24,596,895 $7,140,910 $10,988,753 $20,749,052 150-Housing Development Fund $95,267,555 $27,469,339 $24,180,350 $98,556,544 152-Kids First Fund $9,680,257 $4,713,180 $3,806,820 $10,586,617 160-Stormwater Fund $3,197,272 $2,446,225 $2,911,540 $2,731,957 250-Debt Service Fund $306,460 $6,055,620 $6,058,720 $303,360 000-Asset Management Plan Fund $23,283,032 $10,545,830 $13,437,300 $20,391,562 421-Water Utility Fund $16,887,548 $13,116,788 $16,863,453 $13,140,883 431-Electric Utility Fund $6,094,837 $14,725,999 $14,839,412 $5,981,424 451-Parking Fund $7,118,445 $5,080,500 $5,883,420 $6,315,525 471-Golf Course Fund $2,079,510 $3,498,393 $3,302,090 $2,275,813 491-Truscott I Housing Fund $1,359,626 $1,551,150 $1,816,970 $1,093,806 492-Marolt Housing Fund $1,562,929 $1,728,400 $1,774,020 $1,517,309 501-Employee Benefits Fund $1,666,430 $7,943,800 $8,659,900 $950,330 505-Employee Housing Fund $1,750,673 $4,536,100 $1,429,430 $4,857,343 510-Information Technology Fund $728,635 $3,140,600 $3,407,760 $461,475 Total Gross Appropriations $298,029,574 $206,698,878 $211,152,725 $293,575,727 Transfers ($35,977,310)($35,977,310) Total Net Appropriations $170,721,568 $175,175,415 Exhibit B - Component Unit Funds Fund Name Opening Balance Revenues Expenditures Ending Balance Truscott II Affordable Housing Fund $179,594 $1,476,800 $1,496,210 $160,184 ACI Affordable Housing Fund $173,533 $747,400 $801,160 $119,773 593 MEMORANDUM TO:City Council FROM:Matt Grau, Budget Manager THRU: Sara Ott, City Manager and Pete Strecker, Finance Director MEETING DATE:November 12, 2024 RE:Approval of Resolution No. 127 (Series 2024) – 2025 Budgets for the Housing Administration, Smuggler Affordable Housing and APCHA Development Funds Request of Council: Staff is requesting City Council recognition of the Aspen Pitkin County Housing Authority (APCHA), Smuggler Affordable Housing, and APCHA Development Fund budgets for calendar year 2025. Previous Actions: The 2025 proposed budgets for APCHA and Smuggler were presented and discussed at the October 21,2024, work session with City Council. Approval of the APCHA budget by resolution has occurred annually as a statement of recognition by the Council for its support of these budgets and the subsidy provided by the City of Aspen. Summary and Background:In addition to the normal adjustments to the base budget, the 2025 budgets for the APCHA Housing Administration Fund reflect supplemental increases of $127,390 for a Housing Policy Analyst II position and $400,000 for the Essential Home Repairs pilot program. Inclusive of the supplemental requests for 2025, the proposed budget for next year will require the City and County to each subsidize the APCHA budget by $1,408,870. This subsidy fluctuates annually to maintain the targeted annual reserve (equal to 12.5% of annual expenditures) and will ebb and flow due to one-time financial events. The budget for the Smuggler Affordable Housing Fund (wholly owned by APCHA) reflects operational and capital costs associated with this low-income rental property. Fund Name Opening Balance Revenue Budget Expenditure Budget Ending Balance Housing Administration (APCHA) Fund $322,751 $3,989,250 $3,833,050 $478,951 Smuggler Housing Fund $480,505 $90,500 $170,450 $400,555 APCHA Development Fund $115,124 $16,200 $24,220 $107,104 Total $918,380 $4,095,950 $4,027,720 $986,610 Recommendations:Staff requests City Council approval of Resolution #127 to adopt the proposed budget for the Housing Administration Fund, the Smuggler Affordable Housing, and APCHA Development Fund for 2025. City Manager Comments: 594 RESOLUTION NO. 127 (SERIES OF 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING THE 2025 BUDGET FOR ASPEN PITKIN COUNTY HOUSING AUTHORITY HOUSING ADMINISTRATION FUND, THE SMUGGLER AFFORDABLE HOUSING FUND AND THE APCHA DEVELOPMENT FUND WHEREAS,the Aspen Pitkin County Housing Authority is a standalone entity, uniquely separate from the City of Aspen and Pitkin County, and WHEREAS,the City of Aspen directly appoints one director and one alternate director, and jointly with the County Commissioners appoint three additional directors and one alternate director. The County Commissioners appoint the remaining two, one director and one alternate director, for a total of the eight Board Members for the Aspen Pitkin County Housing Authority, with the intent that City of Aspen is expressly represented in matters concerning affordable housing in and around the Aspen community, and WHEREAS, the City of Aspen annually subsidizes the operations of the Aspen Pitkin County Housing Authority administrative functions, and WHEREAS, pursuant to the current intergovernmental agreement, the Housing Authority Executive Director must prepare and present annual budgets and make recommendations to the City and County for their adoption, and WHEREAS,the budget as submitted in Exhibit A sets forth the amount anticipated to be appropriated by the Aspen Pitkin County Housing Authority for expenditure, and estimated revenues, for each accounting fund for the calendar year of 2025, NOW THEREFORE,be it resolved by City Council, that the budgets for the Aspen Pitkin County Housing Authority Housing Administration Fund and the Smuggler Affordable Housing Fund for fiscal year 2025 is hereby supported by the Aspen City Council. Appropriations amounting to $3,833,050 and estimated revenues amounting to $3,989,250 for the Housing Administration Fund, and appropriations amounting to $170,450 and estimated revenues of $90,500 for the Smuggler Affordable Housing Fund, and APCHA Development Fund appropriations amounting to $24,220 and estimated revenues of $16,200, are hereby declared to be sufficient and necessary to pay the expenses and certain indebtedness and provide for a reasonable fund balance at the close of the fiscal year ending December 31, 2025. Adopted this 12th day of November 2024. _____________________________ Torre, Mayor 595 I, Nicole Henning, duly appointed and acting City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing is a true and accurate copy of the Resolution adopted by the City Council at its meeting held on the 12th day of November 2024. _______________________________ Nicole Henning, City Clerk 596 MEMORANDUM TO:Mayor and City Council FROM:Erin Loughlin Molliconi, PE, Utilities Field Operations Manager Justin Forman, PE, Utilities Director THROUGH:Tyler Christoff, Public Works Director MEMO DATE:November 1, 2024 MEETING DATE:November 12, 2024 RE:Ordinance #19, Series of 2024 – Section 25.12.095 Utilities Updates – Water Service Line Requirements Public Hearing _____ REQUEST OF COUNCIL: Staff requests an approval of Ordinance #19, Series 2024, representing a new section in Title 25– Utilities – of the City of Aspen Municipal Code to align with required Federal and State Lead and Copper Rule Revisions (LCRR) and Lead and Copper Rule Improvements (LCRI). This memorandum was also presented at the October 22, 2024 council meeting for First Reading. The proposed ordinance with the new Section 25.12.095 for service line requirements is presented within Exhibit A. PREVIOUS COUNCIL ACTION: On October 22, 2024, Utilities staff presented the proposed ordinance. This proposed ordinance is particularly important to align the Water Department’s requirements within Title 25 with the Federal and State LCRR and LCRI requirements. SUMMARY AND BACKGROUND: This memorandum is to inform Council of the Water Department’s intention to update water service line requirements within Title 25, to align with the requirements of Federal and State Lead and Copper Rule Revisions (LCRR) and Lead and Copper Rule Improvements (LCRI). On December 16, 2021, the Environmental Protection Agency (EPA) finalized the LCRR, which further strengthens protections against lead in drinking water and which include a number of new requirements for public water systems, including a system-wide service line inventory and a service line replacement plan. All public water systems must comply with the new LCRR starting October 16, 2024, which includes Aspen’s municipal water system. 597 2 Service Line Inventory The initial inventory must indicate the material types of all service lines in accordance with the categories defined by the Colorado Department of Public Health and Environment (CDPHE). The Department’s initial inventory indicates the following material types across water accounts: Material Type Count %of Total Accounts Lead*0 0.0% Galvanized Iron/Steel 0 0.0% Copper 685 16.6% Plastic 0 0.0% Non-Lead (Copper or Plastic)3,273 79.4% Other - Non-Lead 83 2.0% Unknown**76 1.8% Galvanized Requiring Replacement*4 0.1% Total number of service accounts 4,121 * replacement required ** additional investigation required The water services in the city’s system are in a strong position compared to other public water systems of similar size and age because of the pace of development and so only a small portion of services fall into a category requiring replacement. As shown in the inventory table, 0% of the 4,121 service accounts are lead; 98% of accounts are non-lead or copper and do not require replacement; 1.8% of accounts are an unknown material type that requires further investigation to confirm material type; and only 0.1% of services are of a material type requiring replacement (galvanized). The service line inventory will be updated annually. This represents the best information currently known to the water system. Service Line Replacement Plan State and Federal rules require public water systems to develop (1) a plan for determining the type of any services of “unknown” material, as well as (2) a replacement plan for any service lines determined to be “lead” or “galvanized requiring replacement” (CDPHE Safe Drinking Water Program Implementation Policy DW018, 2023). 1) “Unknown” water service verification To verify “unknown” water services, the City is required to physically identify service line material. Exploratory excavation, also known as ‘potholing’, is an accepted field verification method to determine water service material type. Many of the “unknown” material services can be, or already have been, visually verified where the customer owned service line enters the building, satisfying half of the State’s verification location requirements. The Water Department created a capital project (#51795) for potholing in 2025 to complete visual verification of the water service material between the water main and the curb valve. Water Department 598 3 staff will review site conditions at each proposed potholed water service when deciding whether to pothole by either the curb valve or the main line. The material type of “unknown” water services will be updated based upon the results of visual verification efforts and the Water Department will communicate any necessary next steps to property owners, in accordance with State and Federal requirements and as outlined in Aspen code, Title 25. 2) Water service replacement plan Water service lines are wholly owned by the customer within the city’s distribution system. Therefore, replacing services determined to be “galvanized requiring replacement” is the responsibility of the property owner. The Water Department recognizes that service line replacements can be costly. Therefore, the department’s intended code update includes flexibility in the required replacement timeframes to allow property owners to work in good faith within reasonable right-of-way (ROW) windows and/or other planning horizons. DISCUSSION: Title 25 Updates The Water Department is proposing a new section to Title 25 of the Municipal Code to facilitate field verification of “unknown” material services and implementation of a replacement plan for services determined to be “lead” or “galvanized requiring replacement”. Updates to facilitate field verification This proposed amendment will allow the Water Department to access the property, as necessary, to identify service lines through pot-holing or other appropriate testing techniques. The chapter also includes expectations for minimum notice to property owner(s) by the Water Department or its contractor(s) prior to accessing property to perform such work and efforts to return property to its prior condition after completing verification tests. Updates to facilitate replacement plan This new chapter includes requirements that align with State and Federal regulations for when property owners must replace their service line if the Water Department's records indicate the property is serviced by a lead or galvanized service line. Some of the replacement requirements include: Customers must bring the service line up to current water distribution standards if the service line is found to be non-standard through the course of construction, development, or other maintenance. The Water Department may require proof that the lead or galvanized service line has been replaced before receiving Water Department approval for a proposed building and/or plumbing permit. 599 4 If an applicant cannot provide proof that the lead or galvanized service line has been replaced, the Water Department will require the property to replace the service line as conditions of approval for a proposed building and/or plumbing permit. Replacement timeframes are detailed in this new chapter and allow flexibility for planning around right-of-way season(s) and provides for extension requests when property owners are working in good faith to plan service replacement, as may be granted in accordance with the Code update. FINANCIAL IMPACTS: The Water Department does not have a fund dedicated for service line replacement since service lines are wholly owned by customers from the point of connection at the corporation stop (valve) at the water main to the residence or structure. There are not currently state or federal funds available to private customers for service line replacement. The funding available through water quality grant program with the Colorado Department of Public Health and Environment (CDPHE) for public water systems cannot be used for physical replacement of lead service lines or galvanized requiring replacement service lines. Staff will continue monitoring this and other State funding programs for additional opportunities and will provide the community with this information, if available. The Aspen Pitkin County Housing Authority (APCHA) Essential Repairs Pilot Grant Program assists qualified Category 1 - 4 APCHA homeowners with home repairs that are essential to the health, safety, and longevity of the household and unit. In February 2024, the program expanded to Category 4 homeowners (originally limited to Category 1-3 owners) and to all Category owners for emergency repairs costing over $20,000. The Water Department is working with APCHA and City staff to develop guidance and education for eligible homeowners for service line replacement and/or repair through the Essential Repairs Program. These programmatic enhancements are proposed updates to the 2025 Essential Repairs Program, which will be reviewed by the APCHA board this November. ENVIRONMENTAL IMPACTS: Exposure to lead in drinking water can cause serious health effects in all age groups. The city’s initial inventory of service lines does not indicate the presence of any lead lines, and this proposed ordinance will further enhance the Water Department’s ability to continue meeting and exceeding the requirements of the State and Federal government. The Water Department has been monitoring for lead and copper at various sample sites in accordance with the Colorado Primary Drinking Water Regulations since 1992 and has had no action level results to date. The CDPHE recently reduced the City’s monitoring schedule, effective November 6, 2023, because of the consistent monitoring results below action levels for lead and copper analytes. ALTERNATIVES:Council may request portions of the recommended ordinance be modified, although modifications do not relieve the Water Department from its obligation as a public water system to comply with the LCRR and LCRI through the CDPHE. 600 5 Modifications to the proposed ordinance which delay implementation could impact the Water Department’s ability to comply with the requirements of the LCRR and LCRI. RECOMMENDATIONS: Staff advises Council move to adopt Ordinance #19, Series 2024, which will become effective 30 days after adoption of the ordinance. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A: Draft Ordinance #19, Series of 2024 – Title 25 – Utilities Updates – Water Service Line Requirements Exhibit B: Water Service Line Information for Property Owners Flyer 601 ORDINANCE NO. 019 SERIES OF 2024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADDING SECTION 25.12.095 TO TITLE 25 OF THE APSEN MUNICIPAL CODE PERTAINING TO LEAD AND GALVANIZED SERVICE LINE REPLACEMENT WHEREAS, the City of Aspen, acting by and through its Utility Enterprise (“City of Aspen Water Department”) owns and operates its water system to provide Aspen’s residents with a safe, reliable, and clean source of water; and WHEREAS, within the City of Aspen there may be private properties currently serviced by lead and galvanized service lines owned by the property owner but connected to the Aspen Utilities system; and WHEREAS, the exposure to lead in drinking water is a public health issue of paramount importance and its adverse effects on children and the general population are serious and well known and lead service lines are the primary source of lead in drinking water; and WHEREAS, the United States Environmental Protection Agency has promulgated the Lead and Copper Rule and subsequently finalized the Lead and Copper Rule Revisions (“LCRR”) to strengthen its protections against lead in drinking water (40 C.F.R. §§ 140 and 141); and WHEREAS, the LCRR now requires public water systems such as the Aspen Water Department to identify lead and galvanized service lines and to replace public water system- owned lead and galvanized service lines with such inventory to be completed no later than October 16, 2024 (40 C.F.R. § 141.84); and WHEREAS, the Colorado Department of Public Health and the Environment has updated the Colorado Primary Drinking Water Regulation to require water systems such as Aspen Water Department to complete a lead service line inventory and replacement plan no later than October 16, 2024 (5 C.C.R. 1002-11, §11(17)(2)(a)); and WHEREAS, Aspen Water Department’s primary purposeis to provide clean,safe drinking water to its residents which is an essential public benefit to the City as a whole, and any benefit to private landowners in accomplishing this purpose is incidental and subordinate to the primary public and governmental purpose; and WHEREAS, in furtherance of this essential public purpose to protect Aspen’s residents from the potential dangers of lead and to comply with both the LCRR and the Colorado Primary Drinking Water Regulation, Aspen Water Department desires to update its service line requirements concerning the identification and replacement of lead and galvanized service lines on private property; and 602 WHEREAS, for the health, safety, and welfare of all residents and visitors, the Aspen Water Department seeks authority to access private property for the purpose of verifying service line material and require replacement if necessary. NOW, THEREFORE, BE IT ORDAINED BY THECITY COUNCILOF THE CITY OF AURORA, COLORADO: Section 1.Title 25 of the City of Aspen Municipal Code is hereby amended by adding a section, to be numbered 25.12.095 which section reads as follows: (a) Definitions. Contractor shall mean a qualified, licensed, bonded, and insured vendor that contracts with the City of Aspen Water Department to replace service lines; or as context requires, a qualified, licensed, bonded, and insured plumber that contracts with an owner to replace a lead or galvanized service line. Galvanized service line shall mean an iron or steel service line that has been dipped in zinc to prevent corrosion and rusting. Lead service line shall mean a service line known to consist of lead or any portion of lead. Lead status unknown means a service line consisting of at least a portion of unknown material that may contain lead or galvanized materials. Service line shall mean the water line that connects to the dwelling, structure or building that is connected to the main City of Aspen water line. The service line is wholly owned by the property owner and ownership begins at the point of connection at the corporation valve on the main line. (b)Prohibition. Lead and galvanized service lines serving any property in the City of Aspen are prohibited and any existing lead or galvanized service line must be replaced in accordance with this section. (c)Exclusion. A property owner may be excluded from the mandatory replacement of any lead or galvanized service line by providing the City of Aspen Water Department with written proof from a contractor that a lead or galvanized service line does not serve the property and/or that any lead or galvanized service line was previously removed and replaced. City of Aspen Water Department shall retain the ability to access the property as set forth in subsection (f) of this section to verify that no lead or galvanized service line serves the property. (d)Service line material verification. 1) City of Aspen Water Department is authorized to access property in such areas as it deems necessary and appropriate to identify lead and/or galvanized service lines through pot-holing or other appropriate testing techniques. City of Aspen Water Department (or its contractor) must provide notice to owners and occupants no less than 72 hours before accessing property to perform such tests. City of Aspen Water Department (and its contractors) must utilize commercially reasonable efforts to return the property to its prior condition after completing such tests. City of Aspen Water Department will notify owners of the status of the service line after completion of such tests. (e)Service line replacement requirements. In all cases where the owner of any property connected to the City of Aspen’s water system through a lead or galvanized service line, as may be identified by the City of Aspen’s records, service line testing, discovered through the course of construction, development, maintenance, or other reliable method, must replace such lead or galvanized service line up to the 603 minimum Water Distribution standards in effect at the time of discovery. The lead or galvanized service line must be replaced by the close of the second right of way season following passage of this Ordinance or upon issuance of notice from the Water Department of the existence of a lead or galvanized service line, whichever occurs later. Lead and galvanized service lines must be replaced in accordance with all applicable state laws and city rules and regulations. 1)Extension:An extension may be granted for compliance with subsection (e) of this section only when the owner can demonstrate to the Water Superintendent’s satisfaction that the owner has made a good faith effort to comply with subsection (e) of this section. 2)Proof of Compliance. To comply with this subsection (e) an owner must provide the City of Aspen Water Department with written proof that the lead or galvanized service line has been replaced. Proof must include at a minimum: (a) a permit issued by the City of Aspen to a licensed contractor authorized to do the work; (b) documentation that the work was completed; and (c) a City of Aspen inspection report verifying removal of the lead or galvanized service line. Failure to provide proof of service line replacement in accordance with subsection (e) of this section shall constitute a violation of this Municipal Code. (f)Authorization to access property.If an owner denies access to the property to enable the verification of the existence of a lead or galvanized service line, then the following procedures shall be followed. 1) City of Aspen Water Department shall secure entrance to the property from the owner or current occupant of the dwelling, building or structure, and City of Aspen Water Department shall incur no liability from the owner. City of Aspen Water Department (or its contractor) will provide the owner or current occupant with a consent form prior to entry. The consent form will provide the City of Aspen Water Department (or its contractor) with access to the property to verify any lead or galvanized service line. 2) If access is provided by an occupant of the dwelling, then the occupant shall be held harmless and no liability shall incur to City of Aspen Water Department or occupant due to the inspection of the lead or galvanized service line; and 3) If access is denied by the current occupant or owner, City of Aspen Water Department may commence procedures, including filing a court action in a court of competent jurisdiction, to conduct inspection of any lead or galvanized service line. Each day access is denied shall constitute a violation of Municipal Code. (g)Proof of lead or galvanized service line replacement required for permit applications.Upon application for any development, plumbing, or building permit, if the City of Aspen Water Department's records indicate any property is serviced by a lead or galvanized service line, the Aspen Water Department may require proof that the lead or galvanized service line has been replaced as part of the application. If applicant cannot provide proof that the lead or galvanized service line has been replaced, the Aspen Water Department will require the property to replace the service line as conditions of approval for said permit. Water Distribution Superintendent shall: (1) acknowledge and accept the proof of lead or galvanized service line replacement meeting the requirements of subsection (e); or (2) indicate Water Department requirement for replacing the service line as a condition of approval for the requested permit. (h)Proof of lead status unknown service line. 604 1) If City of Aspen Water Department's records indicate any property is serviced by a service line for which the lead status is unknown, City of Aspen Water Department may require proof that said service line is not a lead or galvanized service line through one of the following means; a. Written records or results from pot-holing or other appropriate testing techniques performed by a qualified contractor acceptable to the Water Superintendent; b. Photograph or other documentation of the service line in enough detail to confirm the location the status was verified acceptable to the Water Superintendent; c. Records of water service tap including the date of service tap, material type of service, and size of the service acceptable to the Water Superintendent; d. Confirmation of material type through site visit with representative with the Water Department and required authorization form. (i)Penalty.A person violating the provisions of this section shall be subject to prosecution in Municipal Court and upon conviction may be subject to a fine as set forth in Section 1.04.080 of this Code. Each day that a violation occurs or continues shall constitute a separate offense and nothing herein shall preclude the City from instituting such necessary proceeding to enjoin, abate or correct any violation. (j)City Replacement of Lead or Galvanized Service Lines. If after notice to the owner by the Water Department to replace an identified lead or galvanized service line in accordance with subsection (e), such repair is not made, the Water Department may have the service lines replaced. Any costs incurred by the Water Department in so doing shall become a lien upon the premises and be satisfied against the same. Section 2: Any scrivener’s errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the 22nd day of October 2024. ATTEST: 605 _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY,adopted, passed and approved this 12th day of November, 2024. ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor APPROVED AS TO FORM: _____________________________ James R. True, City Attorney 606 The City of Aspen’s municipal code requires that property owners maintain their services lines and repair them within 48-hours if they are not functioning properly and experiencing performance issues such as leaks. For more information please contact the Water Department at 970-920-5110 or see the Water Distribution Standards section 5.6 of 25.12.130 of City of Aspen Municipal Code. WATER SERVICE LINE INFORMATION FOR PROPERTY OWNERS The City of Aspen has more than 85 miles of water main lines throughout its service area. We take a lot of pride in delivering you safe and reliable drinking water 24/7 through our system of underground pipes. While we work around the clock to ensure our water is safe and our delivery system is secure, functioning, and maintained, the last several feet of water lines running to your home or business, is the property owner’s responsibility to maintain and replace if necessary. Service line – The entire section of smaller pipe that runs underground from the City owned main line (larger pipe) into a property owner’s home or business and connects directly to their plumbing system. This includes the corporation valve, curb stop, and water meter. See graphic below. PROPERTY OWNERSHIPCITY OWNERSHIP Water main – All underground infrastructure and pipes that stretch from City of Aspen’s water treatment plant until the connection (corporation stop) with a property owner’s water service line. City Owned Water Main Property Owned Service Line KEY 607 Change Order Form Revision 1/19/2024 Page 1 of 2 Change Order Form General Information Vendor Jacobs Engineering Group Inc Change Order Number 04 Date of Issuance 11/4/24 Project Name Castle Creek Bridge Investigative Study Project Number 2023-018 Reso: 2023-122 and 2024-063 (Change Order 2) Project Completion Date August 2024 Project Manager Jenn Ooton COA Account Code 000.327.81200.xxxxx.51578 Project Information Description Of Service Castle Creek Bridge Investigative Study Description Of Change Order  Develop traffic model compliant with CDOT standards  Conduct an origin and destination study  Determine a “Purpose and Need”, working with Council and stakeholders  Prepare a memo for EIS initiation  Prepare a NEPA scope of services and cost estimate Docusign Envelope ID: 9ECC7D90-446E-4C98-942D-22198985DE14Docusign Envelope ID: 090DA81D-1322-4717-81C7-2DE5CB74CE4F 136608 Change Order Form Revision 1/19/2024 Page 2 of 2 Contract Information Original Contract Amount $541,840.00 Previous Change Order(s) $683,219.25 Change Order Amount (If Over $100k Change Order To Be Presented To Council For Approval) $298,265.00 Final Contract Amount (Including All Change Orders) $1,523,324.25 Revised Completion Date December 2025 Signature 1. Contractor (Required) 2. Project Manager (Required) 3. Department Head (Required) 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 Docusign Envelope ID: 9ECC7D90-446E-4C98-942D-22198985DE14 11/5/2024 | 12:30:32 PM MST Docusign Envelope ID: 090DA81D-1322-4717-81C7-2DE5CB74CE4F 11/5/2024 | 1:54:08 PM MST 11/6/2024 | 9:02:54 AM MST 11/6/2024 | 10:41:14 AM MST 137609 Agreement Professional Services Page 0 Updated 5/2024 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2024-345 AGREEMENT made this 5th day of August, in the year 2024. 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: GrassRoots Community Network c/o John Masters 110 E Hallam St #132 Aspen, CO 81611 970-925-8000 masters@grassrootstv.org For the Following Project: GrassRoots TV 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 $100,000.00 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 and Fee Schedule Total: shall not exceed $ 85,000 per year for 3 years. $ 255,000 three years. Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 110610 Agreement Professional Services Page 1 Updated 5/2024 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 31, 2025. 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 Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 111611 Agreement Professional Services Page 2 Updated 5/2024 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 Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 112612 Agreement Professional Services Page 3 Updated 5/2024 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 TWO MILLION DOLLARS ($2,000,000.00) 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 Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 113613 Agreement Professional Services Page 4 Updated 5/2024 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. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 114614 Agreement Professional Services Page 5 Updated 5/2024 color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c) Incorporate the foregoing provisions in all subcontracts hereunder. 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 City Manager of the City of Aspen (or a duly authorized official in the City Manager’s absence) and if above $100,000, following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’s absence) to execute the same. 16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any 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. Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 115615 Agreement Professional Services Page 6 Updated 5/2024 (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 17. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 18. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 116616 Agreement Professional Services Page 7 Updated 5/2024 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. The Professional in performing the Services hereunder must comply with all applicable provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101, et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR 1501-11. Services rendered hereunder that use information and communication technology, as the term is defined in Colorado law, including but not limited to websites, applications, software, videos, and electronic documents must also comply with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information and communication technology used, created, developed, or procured in connection with the Services hereunder meets these standards, Professional may be required to demonstrate Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 117617 Agreement Professional Services Page 8 Updated 5/2024 compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section above in relation to the Professional’s failure to comply with §§24-85-101, et seq., C.R.S., or the Technology Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103(2.5). 27. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [ ] No additional provisions are adopted. [X] See Exhibit A below. 28. 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: ____________________________ Title: _________________________ Title: ___________________________ Date: _________________________ Date: ___________________________ Approved as to form: _______________________________ City Attorney’s Office JPW-9/5/2024-M:\city\cityatty\arch\ag1-981.doc Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6F 9/20/2024 | 10:44:42 AM MDT John Masters Executive Director Docusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 118618 Agreement Professional Services Page 9 Updated 5/2024 Exhibit A: Scope of Work and Fee Schedule Duration of Agreement and Schedule of Services to be provided: The contract will be for a period of One(1) years with two (2) one-year options to renew if both properties are agreeable. The contract will begin January 1, 2025. The City will allow an annual increase based on CPI for years two and three, and the renewals if exercised. Description of amount, method, or manner of compensation: 2025 total for City of Aspen: $61,190 billed in two semi-annual installments, February and August. The City has a shall not exceed $ 85,000 per year for the above-mentioned annual costs and any ad hoc services as indicated in fee rates below with annual CPI increase for year 2 and 3. Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 119619 Agreement Professional Services Page 10 Updated 5/2024 Docusign Envelope ID: 3AE8ECEF-D5BF-4B6A-A043-FE61A0C2BF6FDocusign Envelope ID: 00BDAB1C-070E-4C37-A7C0-2EDB67008CA1 120620 MONTH H Selection & Contracts O Mobilization to Site L Sound Fence Install I Secure Site / Fencing / Barricades D Asbestos Abatement (Buildings L1 & L4)A Mini Storage D&D (Buildings A - G)Y Tree Removal S Contaminated Soil Remediation Building L2 D&D N Building L3 D&D O Building L1 D&D Building L4 D&D W Site Demoliton & Recycling (Crushing on Site)O R K MAR 25 JUNE 25 The Lumberyard Abatement, Deconstruction & Demolition Schedule OCT 24 NOV 24 DEC 24 JAN 25 FEB 25 APR 25 MAY 25 Addendum 3 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 10 0 62 1 Pre Construction Services Breakdown Company Principal / Sr. Management Input Business Development / Preconstruction Input Head Estimating Input Jr. Estimating / Assistant Estimator Input 1 Review current documents and compile comments and questions 16 16 2 Initial meeting with Owner and Design Team 8 4 3 Provide comments / constructability review to Owner and Design Team 8 8 4 Provide construction cost estimate (90% CD) level 80 40 20 5 Develop Project Schedule and Sequencing Plan 40 20 8 6 Review 90% CD Pricing with Owner 4 8 4 7 Provide construction cost estimate (100% CD) level 60 40 16 8 Review 100% CD Pricing with Owner 4 8 4 9 Finalize Contract Documents with COA 16 10 4 Estimated Total Manhours per Category 24 238 140 44 Cost Per Hour per Category 195.00$ 150.00$ 130.00$ 85.00$ Estimated Total Budget for Preconstruction Services per Category 4,680.00$ 35,700.00$ 18,200.00$ 3,740.00$ TOTAL Preconstruction Budget Manhours per Category 62,320.00$ 41 Addendum 2Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 99622 Aspen Lumberyard Project - Phase 0 - Abatement, Deconstruction & Demolition Rev3 6874 HWY 82, Glenwood Springs, CO 81601 P.O. Box 130, Glenwood Springs, CO 81602 Paul Jacobson 970-379-3770 970-945-8371 Contact: Phone: Fax: Job Name:Quote To:City of Aspen Procurement COA Lumberyard Phase 0 - Abatement, Demo, Deconstruction 7/26/2024Date of Plans:Attn: Address: Phone:Proposal Date:10/08/2024 Email: AMOUNTITEMDESCRIPTIONQUANTITYUNITUNIT PRICE Asbestos Abatement Bldg # L1 LS 1.00 5 149,600.00 149,600.00 Asbestos Abatement Bldg # L4 LS 1.00 10 106,900.00 106,900.00 Asbestos Abatement Subtotal 256,500.00 Excavate Contaminated Soils CY 2,095.00 12 18.40 38,548.00 Haul & Dispose Benzo(a,b) Contaminated Soils CY 422.00 14 155.00 65,410.00 Haul & Dispose Lead Contaminated Soils CY 1,673.00 15 218.00 364,714.00 Soils Abatement Subtotal 468,672.00 Remove Trees per Sht LD0.01 EA 79.00 20 1,240.00 97,960.00 Rem Sidewalk @ AABC SY 43.00 22 11.00 473.00 Rem /Mill 2" AABC Street Asphalt SY 1,995.00 23 7.00 13,965.00 Remove Site Asphalt SY 17,403.00 25 3.50 60,910.50 Rem Asphalt Trail SY 526.00 30 9.50 4,997.00 Demo- Site Concrete-Sidewalks,pads,C&G,VP SY 1,898.00 35 10.00 18,980.00 Demo-Concrete Trail SY 1,620.00 40 9.00 14,580.00 Removal Of Site Electrical-ED100 LS 1.00 45 35,195.00 35,195.00 Rem Storage Unit Str. A-g EA 7.00 50 29,063.00 203,441.00 Remove Bldg L1 LS 1.00 60 133,000.00 133,000.00 Remove Bldg L2- 3 sided Shed LS 1.00 70 46,500.00 46,500.00 Remove Bldg L3 LS 1.00 80 62,550.00 62,550.00 Remove Bldg L4 LS 1.00 90 87,705.00 87,705.00 Remove Fuel Tank Conc Str LS 1.00 95 6,700.00 6,700.00 Create Haul Road @ Site LS 1.00 100 2,600.00 2,600.00 Shred Bldg L1-L4 & A-G WK 2.00 105 55,240.00 110,480.00 Haul Waste materials to Dump TON 462.00 110 113.50 52,437.00 Haul Bldg Matl to Shredder Piles EA 11.00 115 14,625.00 160,875.00 Crush Asphalt into Usuable Product TON 3,565.00 130 14.50 51,692.50 Crush Concrete & CMU into Usable Product TON 3,010.00 135 17.00 51,170.00 Haul Off Asphalt & Concrete TONS 6,575.00 140 15.00 98,625.00 Sort, Recycle, Dispose Storage Items LS 1.00 145 11,000.00 11,000.00 Demo General Conditions & Mobilization LS 1.00 150 310,000.00 310,000.00 Page 1 of 2 Addendum 1Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 97623 AMOUNTITEMDESCRIPTIONQUANTITYUNITUNIT PRICE Instl Temporary Construction Fencing LF 600.00 155 38.00 22,800.00 Deconstruction & Demolition Subtotal 1,658,636.00 Base Bid - 75% Waste Diversion 2,383,808.00 Setup, Install & 6 mo Rental Sound Wall(Allowance)LF 1,100.00 200 425.00 467,500.00 Exc, Haul, Dispose Contaminated Soils(Allowance)CY 419.00 220 236.00 98,884.00 Exc, Haul, Dispose Soils @ Fuel Center(Allowance)CY 100.00 230 185.75 18,575.00 Allowances 584,959.00 GRAND TOTAL 2,968,767.00 NOTES: Qualifications/Notes: 1. Proposal is valid for (30) calendar days. 2. Davis-Bacon and/or prevailing wages are excluded. 3. Any item not specifically mentioned in the scope of work is excluded . 4. Survey/Staking/Engineering is excluded. 5. Material/Soils testing is excluded. 6. All Taxes are excluded. 7. Soil Abatement tonnage (because it is not known)is not included in our waste diversion calculation . Page 2 of 2 Docusign Envelope ID: F7831F23-BDB6-497B-97C8-F328BA4CB3D4 98624