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HomeMy WebLinkAboutresolution.council.022-90 ,e 'e . RESOLUTION NO.cQ~ (Series of 1990)' A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND BROWNE, BORTZ & CODDINGTON, INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING PREPARATION OF THE ASPEN MEADOWS FINANCIAL ANALYSIS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council an agreement between the city of Aspen, Colorado and Browne, Bortz & Coddington, Inc. which agreement provides for services regarding the preparation of the Aspen Meadows financial analysis, a copy of which agreement is annexed hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the city of Aspen, Colorado, and Browne, Bortz & Coddington, Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor to execute said agreement Dated: ~~ on behalf of the city of Aspen. /& '~990' .......-?'~' ~ ~ '~. o;c. ' William L. stirling, Ma r I, Kathryn S. Koch, duly appointed and acting city Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the city Council of the city of Aspen, Colorado, at a meeting held ,/J./ ), 1990. ~M) ~~ Kathryn S.t/KOCh, 'City Cler~ a i.., e t l, ia I',. I S-u... 1) c, '\ l-J 0<:;~ T- .C\~ ~ ~r_,_ \~\\j'l ('I (i, I 11!~ J ' AGREEMENT BETWEEN THE CITY OF ASPEN AND BROWNE, BORTZ_&. CODDINGTON, INC. REGARDING PREPARATION OF THE ASPEN MEADOWS FINANCIAL ANALYSIS AGREEMENT This agreement is made and entered into as of the 14th day 1990 by and between Browne, Bortz & Coddington, ("Contractor"), and the City of Aspen, Coloradu ("city"). of May Inc. The City has determined that the Draft Aspen Meadows Master Plan requires a financial analysis in order to properly assess the viability of the plan and to make any final adjustments to the plan based on its economic merits; The Contractor has the skills, expertise and experience in such financial analyses and has explicit knowledge of resort areas; The City desires to engage the Contractor to prepare a Financial Analysis of the Meadows Master Plan, to meet with the Aspen City Council and other parties with interests in the Meadows property and to develop an analysis of the economic issues associated with the draft Master Plan. NOW, THEREFORE, in consideration of the premises set forth above the parties agree as follows: A. WORK PROGRAM 1. INITIAL MEETING WITH THE CITY: The Contractor shall meet with the city council and City representatives involved in the Meadows planning process at the city's convenience. This meeting should cover the ground rules, the schedule, expectations of the elected officials and finallzation of the contract. 2. INPUT FROM OTHER PARTICIPANTS: The Contractor shall schedule meetings with all stakeholders, including the Consortium, associated with the Meadows property. The purpose of these meetings is to better understand the needs and positions of each player and to collect data necessary for a complete financial analysis. 3. ECONOMIC ANALYSIS: The Contractor shall prepare a financial analysis of the Draft Meadows Plan. The purpose of the financial analysis is to determine the economic realities associated with the current draft Meadows Master Plan and to develop options and alternatives to the draft Meadows Master Plan if necessary to make the Meadows Master Plan more financially viable. The goal is to develop data that is broadly accepted by the City and the Consortium and the community. All assumptions and input must be clearly outlined and all information used to support the conclusions must be public. The economic analysis should include: 1) an analysis of the hotel - units proposed in the Meadows Master Plan with alternate configurations or management 1'- la I. ,e structures as necessary; 2) market values for free market units; 3) value of conservation _land; 4) value of property for non- profit groups; 5) value of properties held by Savannah Ltd. partnership and 6) costs associated with infrastructure improvements and mitigation measures. 4. DEVELOPMENT OF INITIAL PROPOSAL: After review and comment by the city on the Economic Analysis, the Contractor shall outline a proposed development agreement for use by the city Council which will be based on the data and analysis complIed for this project. The proposal should attempt to meet the original goals of the Mead0ws Planning effort. 5. NEGOTIATIONS: The Contractor will be available to serve as an intermediary when necessary during initial follow up negotiations or when disputes arise over the economic basis of assumptions during the 90 day period of this contract. This process is likely to involve individual sessions with the city Council and the Consortium along with continual proposal refinemp.nt and negotiation, if determined to be necessary by the City Council. 6. DOCUMENTATION: The Co~tractor will develop a draft and final economic analysis. All -":'raft reports will be reviewed in an administrative form by the City prior to public release. A final report documenting this process and incorporating all prior economic studies will be prepared at the end of the process. All materials prepared pursuant to this agreement will be and remain the property of the City for City use at the end of the project. 7. COORDTNATION OF PROCESS: The Contractor shall coordinate all sub-contractors as identified in the proposal. Shaw Construction will not act as a sub-contractor. Information on construction costs will be obtained separately by the City of Aspen. Sub-consultants shall be supervised and managed by the Contractor and all billings for sub-consultant work shall be sent through the Contractor. 8. ATTENDANCE AT PUBLIC MEETINGS: The Contractor shall attend at least four meetings with City Council and additional meetings with representatives of the various involved groups as designated by the city or as agreed upon between the parties. 9. SCHEDULE: All technical studies shall be completed within 50 days of execution of this contract. The entire term of this agreement shall be ninety (90) days. The Contractor shall provide the City with a more detailed schedule and shall abide by that schedule unless written approval is granted from the city's representative for changes. All draft deliverables sha.ll be given to the Planning Office for review and comment prior to pleparation of final documents. :- ,;e '. C. BUDGET The total not-to-exceed costs for this effort shall not exceed $26,000 including all printing, publishing, drafcing, telephone, telefax, reproduction and other direct reimbursable costs. Bills for the Contractor and all sub-consultants shall be submitted monthly to the authorizing agent noted below'. Billing rates shall be as proposed in the Proposal (attached). A contingency of $2,000 shall be set aside for changes to the contract amount. All changes which effect the budget must be approved in writing prior to the work being done. D. AUTHORIZING AGENTS The City hereby designates the following authorizing agent to review and sign off on all billings and to act as the contract manager and liaison for the City: A:my L. Margerum Planning Director Aspen/Pitkin Planning Office 130 South Galena Street Aspen CO, 81611 303- 920-5095 T'le Contractor designates the following as the Project Manager and the key contact for the City: Ford Frick Bro~~e, Bortz and Coddington, Inc. 155 South Madison Denver, CO 80209 303-321-2547 E. METHOD OF PAYMENT City will pay Contractor within thirty days upon itemized monthly billings based upon the not-to-exceed cost of $26,000. Ten (10) percent of th~ total contract amount ($2,600) shall be withheld from final payment until the city is satisfied with the final product. F. TERMINATION OF CONTRACT FOR CAUSE The city may terminate this agreement if the Contractor's performance.... as determined in the city's sole discretion, is found to be unsatisfactory or if the project is terminated. Termination shall be effectuated by providing written notice to Contractor five (5) days before the date of termination. The Contractor shall be entitled to receive just and equitable compensation for all satisfactory work completed up to the date written notice of the termination was provided to Contractor. In 1- '. (. (e no event shall such compensation exceed the not-to-exceed cost as specified in this agreement. G. CfffiNGES OR ADDITIONS City may at any time, by written order to contractor, and with Contractor's agreement, make any changes or additions in the services to be performed under this agreement. If such changes or addltions cause an increase or decrease in Contractors cost of doing the work under this agreement, a mutually agreeable and equitable adjustment shall be made c,nd the agreement shall be modified in writing accordingly. No changes or modifications of this agreement shall be effectuated or binding except by written agreement of the parties. H. CONFLICT OF INTEREST By the acceptance of this contract, Contractor acknowledges that any and all of its professional representations and associations related to the Aspen Meadows Master Plan, including, but not limtted to, the non-profit grovps and the lodge operator at the MeaJows, have been terminated. I. OWNERSHIP OF PLAN PRODUCTS All plans, maps, charts, studies, reports and other documents prepared by the Contractor in performing the services pursuant to this agreement and incorporated into the final products shall be the property of the City and shall be delivered to the City upon completion or termination of this agreement. J. NON-DISCRIMINATION The Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this agreement on the basis of race, color, religion, nati<>nal origin, sex, ancestry, physical handicap, sexual orientation, age, political affiliation or family responsibility. Breach of this covenant may be regarded as a material breach of the ag:r.eement. IN WITNESS WHEREOF, the parties have made and executed this Agreement, the day and year last signed below. A'l 'rEST: /. fff~~i~ city ~~4;k CITY OF ASPEN, COLORADO A Municipal Corporation BY:~~~ william L. Stirllng~ Mayor Date: 511/93 11e (e I,,' RECOMMENDED FOR APPROVAL: all'~! 11/ tu (/---- A~~ rgerum, Pl~ning Director Cl y: f A pen rd Frl , Director owne, Bortz and Coddlngton, Inc DATE: __M40 /01 l1?o ltPPROVED AS TO FORM: ~~_~\Y) .~~ Edward M. Caswall city Attorney Attachment: Aspen Meadows Financial Analysis Proposal by BBC.