HomeMy WebLinkAboutresolution.council.070-05RESOLUTION ~
(Series of 2005)
A RESOLUTION APPROVING A CONTRACTUAL AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF ASPEN, COLORADO,
AND BBC RESEARCH AND CONSULTING REGARDING FUNDING FOR THE
COMPLETEION OF AN IMPACT FEE STUDY
WHEREAS, there has been submitted to the City Council an "Agreement for
Professional Services" between the City of Aspen, Colorado, and BBC Research and
Consulting, a copy of which agreement is attached hereto and made a part thereof.
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 the "Agreement for
Professional Services" between the City of Aspen, Colorado, and BBC Research and
Consulting, a copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager of the City of Aspen to execute said contract on behalf of the
City of Aspen.
Dated: ~//¢ c~-
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 ~0~.2
Kathryn S. Ko~, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and BBC Research and Consulting ,
("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
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.
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 February 15, 2006. 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.
Payment. In consideration of the work performed, City shall pay Professional on a
task and percent complete basis for all work performed. The price per task for work performed by
Professional shall not exceed those amounts set forth at Exhibit "B" appended hereto. Furthermore,
the task described as School Land Dedication Standard shall be paid to the Professional by the
Aspen School District. The task described as Fire Protection Impact Fee shall only be undertaken by
the Professional if the Aspen Fire Protection District agrees to pay the Professional for the subject
task to be undertaken. Except as otherwise mutually agreed to by the parties the payments made to
Professional shall not initially exceed $32,500.00 from the City, $7,500 from the Aspen School
District, and $8,000 from the Aspen Fire Protection District (if the district participates in the study).
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.
Non-Assignability. Both parties recognize that this contract 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,
Page 1 of 9
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.
Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefore, 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 proposes of set-off until such time as the exact amount of
damages due the City from the Professional may be determined.
Covenant Against Contingent Fees. The Professional warrants that s/he has not
employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best. efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance
and unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this contract, if such
Page 2 of 9
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to
provide 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.
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 claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract,
and Employers' Liability insurance with minimum limits of F1VE HUNDRED
THOUSAND DOLLARS ($500,000.00) for each accident, F1VE HUNDRED THOU-
SAND DOLLARS ($500,000.00) disease - policy limit, and F1VE HUNDRED
THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified
self-insured status may be substituted for the Workers' Compensation requirements of this
paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
Page 3 of 9
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00-
0.00) 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 ONE MILLION DOLLARS ($1,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary insur-
ance, 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 by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages, condi-
tions, 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 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.
Page 4 of 9
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.ILS., as from time to
time amended, or otherwise available to City, its officers, or its employees.
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
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance 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.
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.
Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt requested,
to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
Mr. Tom Pippin
BBC Research and Consulting
3773 Cherry Creek North Drive, Suite 850
Denver, CO 80209
Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
Pa~e 5 of 9
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.
Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith-
standing anything to the contrary contained herein, this agreement shall not be binding upon the
City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the
Mayor (or a duly authorized official in his absence) to execute the same.
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.
1N WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date hereinafter written.
Page 6 of 9
ATTESTED BY:
CITY OF ASPEN, COLORADO:
WITNESSED BY:
By:
Title:
Date:
Pa~e 7 of 9
EXHIBIT "A" to Professional Services Agreement
Scope of Work
(To bc completed prior to execution of Agreement)
Pa~e 8 of 9
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
(To be completed prior to execution of Agreement)
Pa~e 9 of 9
EXHIBIT "A" to Professional Services Agreement
Scope of Work
(outlined on pages 4-I 0 of the Professional's proposal)
Town of Parker, Colorado. BBC developed a comprehensive development fee system for
the Town of Parker that included streets, parks, police and general government facilities.
Page 4
In addition to impact fee design, BBC has conducted a wide range of public finance research and has
experience with numerous growth-relared financing tools. For approximately 30 clients annually,
BBC prepares fiscal impact studies evaluating the likel7 public costs and revenues imposed by new
developments. BBC develops both flexible models rhar can be used b7 municipal planning
departments and one-time studies for private developers, allowing for a thorough understanding of
punic and private perspectives on new growth.
Staff and Roles
We have selected this team with particular care. Om firm, BBC, has prepared over 40 impact fee studies
in the Mountain West and has a lengthy track record of successful impact fee research in Colorado.
Tom Pippin, a Managing Director and President of BBC, will serve as our Project Manager. He
oversees the firm's public finance practice. Mr. Pippin has managed all of BBC's impact fee
assignments from 1993 through the present.
Ford Frick, another BBC Managing Director, will assist Tom on all phases of the study. He has
extensive experience in Colorado and a deep understanding of the region's economic base, including
tourism and second homes. We noted that Mr. Frick's work was cited in the "Impact Fee Report"
submitted with the request for proposal (Exhibit III).
Laura Doze, a BBC Research Associate, will assist Tom and Ford with data gathering. She has
participated in several recent impact fee studies induding Caldwell, Idaho; Chandler, Arizona; Lyn
County, Nevada; and Salt Lake City, Utah.
The Transportation Engineering firm of Felsburg Holt & Ullevig will join BBC in conducting this
study for the City of Aspen. In accordance with the requirements noted on page 2 of the RFP,
Felsberg, Holt, & Ullevig will assist BBC with preparing the required traffic generation statistics that
will be needed to calculate the fees to mitigate the impacts of new development. The firm has
participated in the development of impact fee programs for a number of counties, cities, and towns
throughout Colorado. Notable recent projects include the City of Pueblo Roadway Financing Study,
Weld County Impact Fee Study, and the Latimer County Road Impact Fee Study. The firm's staff
for this project includes Jeff Ream, and Elliot Sulsky, both from the firm's Denver office. Complete
resumes for the members of our project team are attached to this proposal letter.
Scope of Work
We will prepare impact fees to support the cost of growth-related infrastructure in the City of Aspen
for the categories identified in your RFP. Our detailed budget later in this proposal includes
reviewing and updating Aspen's two current impact fees or exactions: parks, open space and
community facilities; and school land dedication. Additionally, we will examine three new potential
impact fee categories: storm drainage; transportation mitigation; and fire protection.
Our proposal recommends keeping the second category identified in the RFP, school land
dedication, as an exaction; because Colorado state law does not authorize school districts to impose
Page 5
impact fees, or even accept them from towns or counties via intergovernmental agreements.; For your
reference, the development community served by the Brighton, Colorado school district has
overcome this legal barrier by creating a non-profit foundation to which they voluntarily make school
construction contributions.
Colorado Impact Fee Law. We are confident that the impact fee study methodology outlined
below is fully consistent with the relevant Colorado code. It includes:
· Establishment of and consultation with an Impact Fee Advisory Committee2;
· Analysis of current infrastructure service standards and identification of the growth-
related portion of City infrastructure plans;
· Forecast of land use assumptions and public input regarding the same;
· Subsequent to approval of the land use assumptions, preparation cfa Capital
Improvements Plan (CIP) and public input regarding the same;
Analysis of cash flow stemming from impact fees and other infrastructure financing
sources (i.e., land dedication, exactions, bonded indebtedness, special districts, General
Fund contributions);
· Integration of impact fees with land use codes to insure that no "double dipping" occurs
whereby new development is over-charged for growth-related infrastructure; and
· Implementation recommendations including impact fee credits, how fee revenues should
be accounted for, and how the fees should be updated over time.
We propose the following five tasks--fully consistent with Colorado state statutes--that we have
used successfully to calculate impact fees for other jurisdictions in the state and throughout the
Mountain West.
Please note, however, that our team looks forward to further refining this scope of work based on
specific input from the City of Aspen.
Task I. Project initiation
· Task I-I, Contract execution.
· Task I-Z. Formalize schedule, Impact Fee Advisory Committee and public input process.
CRS 22-54-102: "(3) (a) Nothing in this article shall be construed to prohibit local governments from cooperating with
school districts through intergovernmental agreements to fund, construct, maintain, or manage capital construction projects
or other facilities as set forth in section 22-45-103 (1) (c) (I) (A) or (1) (c) (I) (D), including, but not limited to, swimming
pools, playgrounds, or ball fields, as long as funding for such projects is provided solely from a source of local government
revenue that is otherwise authorized by law except im. oact fees or other similar development cha[~es or fees."
2
Whde Colorado state law does not require the format on of such a committee nor mand~te its composition, such a group
is often helpful. We will thus discuss the pros and cons of creating a separate body apart from the Town and Coun~
Planning Commissions to assist us. We will also address the potential composition of such a group including elected
officials, government staffand stakeholders ftom the building and development community.
Task 111-6. Piggy-back on the existing schedule of City Council meetings to introduce
our proposed ClPs to the public and impact fee stakeholders in the building and
development community.
· Task 111-7. Consult with Impact Fee Advisory Committee as necessary throughout this
task. Attempt to synchronize these meetings with public process in Task III-6.
This task encompasses the following scope of services elements listed on pages 1 and 2 of your RFP:
(b) inventory of the City's park and recreation facilities should be comprehensively updated, (2)
study should be conducted to re-calculate land area provided per student, (B) evaluate other
potential impact fees.
Page 7
Task IV. Calculation of preliminar~ development fees
· Task IV- 1. Calculate preliminary fees. This will include the following steps:
· Quantify capital costs (data from Task III);
· Quantify unit costs (data from Task III to derive S/unit or $/sq.fr.);
· Determine land-to-development conversion ratios;
· Calculate revenue credits (bonded indebtedness) if appropriate;
· Portray fee differentials by benefit districts as appropriate; and
· Develop a preliminary fee schedule.
· Task IV-2. Develop a plan for implementation and administration of proposed fees
including "credit" procedures.
· Task 11/.3. Meet with Impact Fee Advisory Committee.
· Task 11/-4. Hold required public hearing on proposed impact fee schedule.
This task encompasses the following scope of services elements listed on pages 1 and 2 of your RFP.. (c)
methodology used to calculate the fees applicable to commercial development should be re-examined, (B)
evaluate other potential impact fees and (C) submit a drafe report for review and potential revisions,
Task V. Impact fee system final design and documentation
· Task V-1. Final impact fee development.
· Review and finalize fees.
· Review and finalize the fee implementation and administration
recommendations induding "credit" procedures.
· Submit a draft report.
· Review with Impact Fee Advisory Committee.
· Final report (25 bound copies of the report maps plus electronic versions of
both as specified in your RFP).
Page 8
· Task V-2. Draft impact fee enabling ordinances. Submit to City legal staff for review.
· Task V-$. Prepare cash flow analysis based on final fee schedule and City of Aspen
growth projections.
· Task V-4. Development of impact fee "Update Procedures Memo" including how
"credits" applied against capital costs should be handled over time.
· /-as~ I/-5. Presentations to City Council.
This task encompasses the following scope of services elements listed on pages 2 and 3 of your RFP: (C)
prepare the final report, and present findings at a public meeting before Ci{y Council and Planning
Commission.
During the course of this scope of work, we will make multiple trips to Aspen to conduct: project
initiation and data collection (Tasks 1-III), meetings with Impact Fee Advisory Committee (Task II-
V), public and stakeholder outreach (Tasks II-V), review of draft impact fees with City staff(Task
IV), and public presentation of final impact fee system and review of update procedures with City
staff (Task V).
Proposed Budget and Schedule
The BBC team can complete the above scope of work in approximately 20 business weeks following
project initiation. We look forward to developing a detailed project schedule with you during Task I.
Project Initiation, including identifying potential dates for:
· A public informational meeting;
· hnpact Fee Advisory Committee meetings;
· Public hearings; and
· Town Council and County Commission final presentations.
Exhibit 1 below, details our proposed schedule by task and week.
Exhibit 1.
Proposed Schedule for
Impact Fee Study -
City of Aspen
Proposed Scope of Work
Task 1. Project Initiation
Task 2. Analysis of Land Use
Task 3. Analysis of Current Conditions
Task 4. Calculation of Preliminary Fees
Task 5. Final Fee Design
Time Frame in Weeks
Weeks 1-4
Weeks 5-9
Weeks 10-12
Weeks 13-16
Weeks 17-20
Proposed Budget
Our extensive impact fee experience, and economies of scale derived from our ongoing resort
economics work in Colorado, will allow us to complete this study for a fixed fee of $48,000 including
Page 9
all professional time and expenses. It is important to remember that our contract cost can be
included in the fee calculations so that the City can recover the expense quickly.
Exhibit II below summarizes our proposed budget according to the City's task descriptions.
Exhibit II.
Proposed Budget
Task Descriptions per RFP
Project management, presentations & public
hearings
Review & u/~date existing fee categories
Parks, Open Space & Community Facilities $7,500
impact fee
School Land Dedication Standard $7r500
Phase L Initial Assessment $2,000
Phase II. Full Analysis $5,500
Consider new fee categ~e$
Storm Drainage Impact fee $8,000
Transportation Mitigation impact fee $8,000
Fire Protection Impact fee $8.000
Phase I, Initial Assessment $2,000
Phase II. Full Analysis $6,000
Total Budget $48,000
Price per Task
$9,000
The budget and schedule presented above anticipate City staff involvement throughout the project,
specifically in three areas:
· Attendance at meetings with the study team to facilitate project management;
· Participation in data collection, particularly in tasks II and III (as mentioned on page 3 of the
RFP); and
· Review of draft and final fees to ensure accurate interpretations of local government data.
While large amounts of staff time will not be needed, timely staff involvement will be necessary to
adhere to the schedule provided above.
Contract Requirements and Billing Procedures. Our team does not have any specific
contract requirements. We are fully insured and are confident we can comply with your standard
contracting procedures.
We typically bill our clients monthly by task and percent complete. For example: "Task 1: 100
percent complete," "Task 2:50 percent complete," etc. We then attach a brief, status report letter to
our invoice explaining work done to date.
If these arrangements are not suitable for the City, we would be pleased to modify our billing
procedures to better meet your needs.
Deliverables
Page 10
The following list of deliverables is based on the preceding scope of work. It can be adjusted based
on your input. Also, please see Tasks I-V in preceding section entitled "Scope of Work."
· interim Memo. Detailing land use projection (Please see Task II
· Interim ClPs by category. (Please see Task III)
· Draft Report.
· Final Report.
· Update Prooedures Memo. Detailing how "credits" applied against capital costs
should be handled over time.
· Final Pre*~ntation. Findings will be presented at a public meeting before City
Council and Planning Commission
References
BBC has used similar methodologies to the one described above in a number of past impact fee
projects across Colorado and the western United States. I encourage you to contact our references
regarding the quality, thoroughness and timeliness of our work.
Mr. Ken Wolf
Planning Director
Elbert County
(303) 621-3171
BBC has prepared countywide impact fees for streets,
Sheriff, parks and county buildings. Elbert County is the
fastest growing county in Colorado.
Mr. Mike Hart
Finance Director
City of Loveland
(970) 962-2301
We have worked with Loveland on developing and
updating General Fund impact fees five times since 1983.
Mr. Brad Hill
General Counsel
Strasburg and Bennett F.P.D.
(303) 369-5510
BBC recently updated the original fire impact fees we
prepared for the Strasburg and Bennett Fire Protection
Districts where Mr. Hill serves as General Counsel.
Ms. Kathleen Morse
Finance Director
Town of Parker
(303) 841-0353
BBC has prepared impact fees, multiple fiscal impact
analyses and a variety of other financial analyses.
Ms. Phelan, thank you for the opportunity to propose this Impact Fees Study for the City of Aspen.
Please feel free to call me toll-free at 800-748-3222, extension 236 with any questions or comments
reg~arding this proposal.
EXttIBIT "B" to Professional Services Agreement
Rate Schedule
(outlined on page 9 of the Professional's proposal)
all professional time a7d expenses. It is impor:ant to remember that our contract cost ca7 be
included in the fee calculations so that the City can recover the expense quickly.
Exhibit II below summarizes our proposed budget according to the City's task descriptions.
Exhibit Il.
Proposed Budget
Project management, presentations & punic $9,000
Review & update existing fee categories
Parks, Open Space & Community Facilfties $7,500
impact fee
School Land Dedication Standard $7,500
Phase I. Initial Assessment $2,000
Phase il. Full Analysis $5,800
Consider new fee categories
Storm Drainage impact fee $8,000
Transportation Mitigation Impact fee $8,000
Fire Protection Impact fee $8,000
Phase L Initial Assessment $2,000
Phase H. Full Analysis $6,000
TotalBudget $48,000
Page 9
Tke budget and schedule presented above anticipate City staff involvement throughout the project,
specifically in three areas:
· Attendance at meetings with the study team to facilitate project management;
· Participation in data collection, pardculazly in tasks II and III (as mentioned on page 3 of the
P,2: P); and
· Review of draft :md final fees to ensure accurate interpretations of local government data.
While large amounts ofsrafffime will not be needed, timely staff involvement will be necessary to
adhere to the schedule provided above.
Contract Requirements and Billing Procedures. Our team does not have ~Lny specific
contract requirements. We are fully insured and are confident we can comply with your standard
contracting procedures.
We typically bill our clients monthly by task and percent complete. For example: "Task 1:100
percent complete," "Task 2:50 percent complete," etc. We then attach a brief, status repgrt letter to
our invoice explaining work done to date.
If these arrangements are not suitable for the City, we would be pleased to modify our billing
procedures to better meet your needs.
Deliverables
OI:55pm From-ASPEN SCHOOL DISTRICT OFF[CE
ASPEN
School District
August 8, 2005
Ms./ennlfer Phelan
Senior Long Range Planner
Aspen/Pitkin Community Development Depm'tmem
130 South Galena Street
Aspen, CO 81611
VIA FACSJ3'IILE: 920-5439
Re: Impact Fee/School Land Dedication Standard Study
T-871 P.O1/01 F-143
Dear Jennifer:
The Aspen School District, in conjunction with The City of Aspen, agrees to hire BBC Research
& Consulting to facilitate an impact fee/school land dedication standard study. The District
agrees to be responsible for the amount of $7,500.00, which is the School District's portion'of the
fee as broken down in the proposed budget by BBC Research and Consulting. The $7,500.00
w/l/be paid On a monthly hilling cycle set up by the City of Aspen's Finance Department. Any
additional costs will be paid only if approved in advance, by the Superintendent.
If for any reason, you have questions or concerns please call me directly at 970-925-3760
extension 6000. I appreciate all of your help, and I look forward to working with you.
Singly, ~
zews '
Cc; Dr. Diana Sirko, Super/ntendent
0235 High SchOol Road 'Aspen, Colorado 81611
970.925.3760 · Fax 970,925,/]721
Client: 7119 BBCRESE
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATEI""/O ,
09/06/05
PRODUCER
HRH of Colorado
720 S. Colorado Blvd Ste 600-N
P.O. Box469025
Denver, CO 80246-9025
INSURED
BBC Research & ConsuJting
Browne, Bortz, Coddington, Inc,; DBA
3773 Cherry Creek North Drive #850
Denver, CO 80209-3827
COVERAGES
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURER A: Hartford Insurance Group 29424
INSURER B:
INSURER C;
INSURER D;
INSURER E:
THE POLICIES O? INSUP~NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY eE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS,
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
__ CLAIMS MADE [] OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
AUTOMOBILE LIABILI3'f
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
H~RED AUTOS
NON OWNED AUTOS
GARAGE LIA~JILITY
ANY AUTO
POLICY NUMBER
34SBAPB2471
POLICY EFFECTIVE
DATE (MMtDD/Y~
08/29105
34SBAPB2471
08/29105
~OLICY EXPIP~AT[ON
DATE IMM/OD/fYI
08/29/06
08/29/06
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND 34WECGN9937 09/01/04
EMPLOYERS' LIA BIUTY
ANY PROPRIETOR/PARTNER/EXECUTIVE 09/01/05
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT ! SPECIAL PROVISIONS
The following are Additional Insureds as respects General Liability only
if required by written contract and coverage applies only as respects
ongoing operations performed by the Insured for the Additional Insureds.
All coverage terms, conditions and exclusions of the policy apply.
09/01/05
09/01/06
EACH OCCURRENCE $2~000~000
DAMAGE TO R~NTED
PREMISE~
GENERAL AGGREGATE s4,000t000
PRODUCTS - COMP/Op AGG $410001000
(Ea accident) $2,000,000
EL EACH ACCIDENT $'! ,000,000
CERTIFICATE HOLDER CANCELLATION
City of Aspen
Attn: Jennifer Phalen
130 South Galena Street
Aspen, CO 81611
ACORD 25(2001/08) I of 3 #S263928IM263359
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ,~ DAYS WRIT~'EN
NOT~CE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE rNSURER, ITS AGENTS OR
F4EPR ES ENTAT[VES,
~UTHOR~ZED REPRESENTATIVE
JLP e ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (2001108) 2 of 3 #S263928/M263359
DESCRIPTIONS (Continued from Page 1)
Additional Insureds: City of Aspen and the City's officers and employees
The General Liability coverage is Primary per the policy terms &
conditions only if required by written contract.
The Additional Insured endorsement which is referenced above under "Type
of Insurance-General Liability" is attached.
* The following cancellation conditions always apply:
- 10 days for non-payment of premium
- If policy shown, 10 days for Workem' Compensation for fraud;
material misrepresentation; non-payment of premium; other reasons
approved by the Commissioner of Insurance
AMS 25.3 (2001/08) 3 of 3 #S263928/M263359
(9) Arising out of an electronic chat room
or bulletin board you host, own, or
over which you exercise control;
(10) Arising out of the unauthorized use of
anothe~s name or product in your e-
mail address, domain name or
metatag, or any other similar tactics to
mis~ead another's potential customem;
(11)Arising out of the violation of a
person's right of pdvacy created by
any state or federal act.
However, this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
(12) Arising out of:
(a) An "advertisement" for others on
your web site;
(b) Placing a link to a web site of
others on your web site; or
(c) Content from a web site of others
displayed within a frame or border
on your web site. Content
includes information, code,
sounds, text, graphics or images;
(13) Arising out of a violation of any anti-
trust law; or
(14) Arising out of the fluctuation in price or
value of any stocks, bonds or other
secudties.
Exclusions c. through i., k., I., m. and n. do
not apply to damage by fire, lightning or
explosion to premises rented to you. A
separate Limit of Insurance applies to this
coverage as described in Section D. -
LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE.
2. Applicable to Medical Expenses Coverage
We wilt not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer
b. Hired Person
To a person hired to do work for or on
behalf of any insured or a tenant of any
insured,
c. Injury On Normally Occupied Premises
To a person iniured on that part of
premises you own or rent that the person
normally occupies.
BUSINESS LIABILITY COVERAGE FORM
C. WHO
d. Workers Compensation And Similar
Laws
To a person, whether or not an "employee"
of any insured, if benefits for the "bodily
injury" are payable or must be provided
under a workers' compensation or
disability benefits [aw or a similar law.
e. Athletics Activities
To a person injured while taking part in
ath[eflcs.
f. Products-Completed Operations
Hazard
Included with the "products-completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability
Coverage.
h, War
Due to war, whether or not declared, or
any act or condition incidental to war. War
includes civil war, insurrection, rebellion or
revolution.
IS AN INSURED
1. If you are designated in the Declarations as:
a, An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
b. A partnership or joint venture, you are an
insured. Your members, your partners
and their spouses are also insureds, but
only with respect to the conduct of your
business.
c. A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds,
but only with respect to their duties as your
d. An organization other than a partnership or
joint venture or limited liability company,
you are an insured. Your "executive
officers" and directors are insureds, but
only with respect to their duties as your
officers or directors. Your stockholders
are also insureds, but only with respect to
their liability as stockholders.
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.
2. Each ofthe fo[lowing is also an insured:
Form SS 00 08 04 0'1 Page 9 of 20
BUSINESS LIABILITY COVERAGE FORM
a. Your "employees", other than either your
"executive officers" (if you are an
organization other than a partnership, joint
venture or limited liability company) or your
managers (if you are a limited liability
company), but only for acts within the
scope of their employment by you or while
performing duties related to the conduct of
your business. However, none of these
"employees" is an insured for:
(1) "Bodily injury" or "persona[ and
advedJsing injury":
(a) To you, to your pad*nors or
members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), or to a co-"employee"
while that co-"empl0yee" is either
in the course of his or her
· employment or performing duties
related to the conduct of your
business;
(b) To the spouse, child, parent,
brother er sister'of that co-
"employee" as a consequence of
Paragraph (l}(a) above;
(c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.
(2) "Property damage" to property:
(a) Owned, occupied or used by; or ·
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", any partner or
member (if you are a partnership
or joint venture), or'any member (if
you are a limited liability
company).
b. Any person (other than your "employee"),
or any organization while acting as your
real estate manager·
c. Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arisieg out of
the maietenance or use of that
property; and
(2) Until your legal representative has
been appointed.
Your legal i:epresentative if you die, but
only with respect to duties as such. That
representative will have ail your rights and
duties under this'insurance,
Any "employee" of the insured while acting
in the scope of his/her duties as a retail
pharmacist, or optician or optometrist.
Additional Insureds by Contract,
Agreement or Permit
Any person or organization with whom you
agree.d..,:;:because of a written contract or
agreement or permit, to provide insurance
such as is afforded under this Business
Uability Coverage Form, but only with
respect to your operations, "your work" or
facilities owned or used by you.
However, coverage under this provision
does not apply:'
(I) Un[ess the wdffen contract or
agreement has been executed or a
permit has been issued pdor to the
"bodily injury", "property damage" or
"personal and advertising injury".
(2) To any person or organization
included as an insured under provision
g. (Broad Form Vendors).
(3) To any other person or organizatien
shown in the Declarations as an
Additional insured.
Coverage under this provision includes
the following:
(1) When an engineer, architect or
surveyor becomes an insured under
provision 2.f., the following additional
exclusion applies:
"Bodily injury", "property damage" or
"personal and adver[ising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you including:
(a) The preparing, approving, or
failure to prepare or approve
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; and
(b) Supervisory, inspection,
architectural or engineering
activities.
(2) When a lessor of leased equipment
becomes an insured under provision
2.f., the following additional exclusions
apply:
-Page 10 of 20
Form SS 00 08 04 01
(a) To any "occurrence" which takes
place after the equipment lease
expires; or
(b) To "bodily injury" or "property
damage" arising out of the sole
negligence of the lessor.
(3) When owners or other interests
from whom land has been leased
become an insured under provisian
2.f., the following additional exclusions
apply:
(a) Any "occurrence" which takes
place after you ceas~ to lease that
[and; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of the owners or other
interests from whom land has been
leased.
(4) When managers or lessors of
premises become an insured under
provision 2.f., the following exclusions
apply:
(a) Any "occurrence" which takes
place after you cease to be a
tenant in that premises: or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of the manager or lessors
of the premises.
Additional Insured Broad Form
Vendors
Any persoct or organization with whom you
agreed, because of a written contract or
agreement to provide insurance, but only
with respect to "bodily injury" or "property
damage" adsing out of "your products"
which are distributed or sold in the regular
course of the vendor's bus[ness, subject to
the following additional exclusions:
(1) The insurance 'afforded the vendor
does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
BUSINESS LIABILITY (;OVERAGE FORM
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in product made intentionally by
the vendor;
(d) Repackaging, unless unpacked
solely for the purpose of
inspection, demonstration, testing,
or substitution of parts under
instructions from the
manufacturer, and then
repackaged in the original
container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation, servicing
or repair operations except 'such
operations performed at the
vendor's premises in connection
with the sale of the product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeted or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor.
(2) This insurance does not apply to any
insured person or organization, from
whom you have acquired such
products, or any ingredient, part or
container, entering into, accompanying
or containing such products.
(3) This provision g. does not apply to any
vendor included as an insured by an
endorsement issued by us and made
a part of this Coverage ParL
(4) This provision g. does not apply if
"bodily injury" or "property damage"
included within the "products-
completed operation hazard" is
excluded either by the provisions of
the Coverage Part or by endorsement.
h, Broad Form Named Insured
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this coverage form.
Form SS 00 08 04 01 Page 11 of 20
NOTES:
~SMA~
cut on line and laminate Mr handy fiel~desk reference tool