HomeMy WebLinkAboutresolution.council.008-08RESOLUTION
(Series of 2008)
A RESOLUTION APPROVING A CONTRACTUAL AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF ASPEN, COLORADO,
AND RRC ASSOCIATES AND ELK MOUNTAINS PLANNING GROUP
REGARDING FUNDING FOR THE COMPLETION OF THE AACP EXISTING
CONDITIONS REPORT
WHEREAS, there has been submitted to the City Council an "Agreement for
Professional Services" between the City of Aspen, Colorado, and RRC Associates and
Elk Mountains Planning Group, 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 RRC Associates and
Elk Mountains Planning Group, a copy of which is attached 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: ~ '~
i _ ,: ,
M' ael reland, ayor
~, /o
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 January 28, 2008.
,~~ _ ,
athryn S. K , Cit Jerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and RRC Associates and Elk Mountains Planning Group. ("Profession-
al").
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" and Equipment Schedule Exhibit A.1" attached
hereto, and by this reference incorporated herein.
Completion. Professional shall commence work immediately upon receipt of a
written Notice to Froceed 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 May 31, 2008. 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
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
$75,000. 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,
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 maybe due to any sub-contractor.
Termination. The Professional or the City may temunate 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
PS1-971.doc Page 1
termination. Upon any ternnation, all fmished or unfmished 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 deternuned.
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 Conhactor
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 aze 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 Ciry, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which azises 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
PS1-971.doc Page 2
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 FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease -each employee. Evidence of qualified self-insured status may be substituted
for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00-
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.
PSI-971.doc Page 3.
(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 carved by the City, its officers or employees, or tamed 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 minunum limits aze 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.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherivise 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 Deparhnent 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.
PSI-971.doc Page 4
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:
Chris Cazes
RRC Associates
4940 Pearl East Circle, Suite 103
Boulder, CO 80301
Professional:
Julie Ann Woods
Ells Mountains Planning Group
PO Box 11891
Aspen, CO 81612
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.
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
forbeazance 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.
16. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101.
PS1-971.doc Page 5
a. P ose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
b. Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, that is administered by the United States Department
of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports that
are merely incidental to the required performance.
c. By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
d. Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
PS 1-971.doc Page 6
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract For services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within
three days that Professional has actual knowledge that the subcontractor
has newly employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen azising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
PS1-971.doc Page 7
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal
law,(2) shall comply with the provisions of CRS 24-76.5-101 et seg., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, temunated 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 aclmowledge and understand that there aze 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.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
PS1-971.doc Page 8
CITY OF ASPEN, COLORADO:
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WITNESSED BY:
PROFESSIONAL:
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PROFESSIONAL:
WITNESSED BY:
P.'
Date:
C. Christian Cares; RRC Associates, Inc.
By: ~~~.~~-~~-~
Title: Principal/Duector
Date: 1/21/08
Julie Ann Woods, Elk Mountains Planning Group
Title: /1'n-?~~~a-~
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Date: ~~2 S ~° °v
PS1-971.doc
Page 9
EXHIBIT "A" to Professional Services Agreement
Scope of Work, Attached
Exhibit "B" to Professional Services Agreement
Rates, Attached as part of Scope of Work
PS1-971.doc Page 10
RRC
A 3 9 0 C I A T E S
Research • Planning • Design
Exhibit
Scope of Work
City of Aspen Existing Conditions Report
January 18, 2008
This exhibit is intended to serve as an agreement for work to be performed for the City of
Aspen's "existing conditions' report. RRC Associates, Inc., together with Elk Mountain's
Planning Group, have combined to offer integrated services to undertake the study
contemplated by the City of Aspen. Together, we will undertake the tasks described in more
detail below, to develop information that will serve as a baseline document to inform the
community on a number of topics that have been specifically identified by the City.
In this work program we have summarized our approach toward obtaining and organizing
information to portray existing conditions in Aspen. We understand the value of a current and
credible database as a foundation for community planning efforts, and we will obtain and
organize available data, and apply information and understanding that we have gained through
previous work, to develop the Existing Conditions Report.
The Team's Composition
RRC Associates (RRC) is a consulting, planning, and research firm based in Boulder,
Colorado with a staff of 18, representing a variety of disciplines and advanced degrees. The
RRC principal in charge will be Chris Cares, AICP. Chris will be assisted by Nolan Rosall,
AICP, David Becher and Julie Arnett of RRC. In addition, RRC will associate with The Elk
Mountains Planning Group, Inc. (EMPG) to complete the work program. Julie Ann
Woods, AICP/ASLA is President of the Group and will be the primary member of the EMPG
involved in the study.
Elements of The Work Program
Below is a summary of key aspects of our approach to the Existing Conditions Report, and a
description of the tasks that together make up the scope of work. In addition, it builds on
information discussed by staff at the work session conducted in December.
Develop an understanding of the Objectives of the Existing Conditions Report. As a team we
are experienced in obtaining and presenting data on a variety of subjects. Further, we
understand the importance that a solid information base can play in grounding effective
planning efforts. Specifically, we have had considerable experience with technical analyses
involving the topics identified as community issues to be addressed in the Aspen area
Community Plan, and we understand that the principal goal of this project is to collect and
careful document existing information describing the City of Aspen as a precursor to the
Community Plan.
4940 Pearl East Circle, Suite 103 Boulder, Colorado 80301 rEL 303/449-6558 FAx 303/449-6587
J. Garrow
1/IO/OS p. 2
Description of Project Approach and Organizations The following provides an overview of our
team's approach to the Existing Conditions Report. As noted above, we believe we will be able
to efficiently gather information describing Aspen from a variety of sources. We will begin by
outlining our overall approach to gathering existing information and reviewing this work program
with staff. Then, we will contact individual departments and will either meet with them
individually in person, or by phone, to obtain current information on available data as well as
recent undertakings by the departments that will be relevant to this study.
Written Documentation - a Final Product. We anticipate that the final deliverable product from
our efforts will consist of a written document with appropriate text, graphics (including potentially
photographs), interesting stories documented, and an executive summary for each topic. The
team will produce a final document in Word, with text, graphs, charts, pictures, etc. It is
anticipated that this document will then be provided to a graphic designer, by the City of Aspen
under separate contract. That contractor will prepare a final product/report for public
distribution. The audience for this report is "everyone." The document will be designed to allow
use by readers with a variety of different "learning styles."
As a team we will work among ourselves, and with staff, to develop a report that is readable and
concise. We will attempt to identify various "themes" that will help to integrate the information
across the multiple topics that are identified below; preliminarily, we recognize that "limited
capacity" in the Valley represents one of the potential unifying messages that we will develop in
our report.
The final product will be both Web-based and in a booklet format. While we expect the content
to be virtually identical in both media, our team will design our written materials to allow
presentation in both formats.
We anticipate writing the report as a team (RRC/EMPG), and writing the report is included in the
budget provided below. However, if desired by the City, we are prepared to work with others to
refine the graphics and overall presentation and printing of the report. The costs of additional
graphic design services, should they be needed, are not included in this Agreement.
Maooinp. One component of the study will involve mapping. RRC will be responsible for
mapping information that will be provided by various City departments. These data will be
compiled in a series of G.I.S. "coverages" that will then be transmitted back to the City for final
"report quality" mapping. RRC will coordinate team mapping efforts with the City and others, as
appropriate, throughout the study. The mapping program will begin with a meeting between
RRC and Mary Lackner. Then, the team will remain in communications with City staff as the
G.I.S. maps are gradually produced.
Data Collection. Meetings and Presentation. We have developed a preliminary outline of the
types of information that will be collected and addressed, based on an initial meeting with City
Staff, and on our team's understanding of local conditions. The collection of data will be
organized around a number of topical areas, described in greater detail below. Where
appropriate, we have annotated this outline with specific comments or observations to better
indicate current work program considerations. We anticipate that this outline will continue to be
a "work in progress' that will be edited as we begin to meet with local officials and staff, and
have the opportunity to consider information sources that are available.
]. Garrow
I/10/OS p. 3
The current work program anticipates two "check-in" meetings with City Council and other local
officials and staff, one in March and a second meeting in early May. The potential for additional
meetings has been identified and the budget, as presented below, addresses this potential as
an "optional" element.
Growth Management
We will coordinate with HaaslRichman and RPI to ensure that their efforts do not overlap with
our team's efforts, and that we are coordinated to the maximum extent possible. We
understand that there will need to be an evaluation of growth management activities in the
following topical areas:
• Commercial
• Residential
• Public Sector
• Urban Growth Boundaries
Data:
• Parcel Baseline for build-out study -Assessor Data for numbers and types of uses on
each parcel. We will work with Tommy Isaac to understand the intricacies of the County
Assessor's database. We will want to know where all the vacant but developable
parcels are - we understand that not all parcels will be developable if less than 6,000 s.f.
We will also want to determine free-market vs. Aspen Affordable Housing, duplex vs.
single-family, etc.
• Historical data on Public Sector development -basic chronology (where public facilities
are located, when acquired or built). We will work to obtain and document current
information on development, and will also present the available information in a
summary format that portrays the gradual acquisition and development of public sector
properties in Aspen.
• As noted above, we will rely on information developed by the Buildout Study Team -
Mitch Haas, Alan Richman. We will also use GMQS Database and Scrape and Replace
information to be tabulated by RPI.
• We will track and portray available information on the Urban Growth Boundary.
• The team will also acquire information on City land ownership and will document this
information as part of the overall effort.
Parks and Ooen Space
We will acquire information on the following parks and recreation lands in and immediately
surrounding Aspen:
• Urban Parks
• Urban-Rural Transitional Area
Data:
• Fee Impact Background - We will rely on information from the BBC study on Parks
• Maps with updated information.
• Park and Open space usage - we will rely on data from the Parks Department.
• We will categorize the kinds of parks in Aspen, using information to be obtained from the
Department, and will present this information in a matrix format.
J. Garrow
1/10/OS p. 4
Environmental Quality
We will examine what work has been done, and what kinds of policies should be addressed and
documented using a variety of local resources.
Water Quality
• Air Quality (Environmental health maintains air quality station in town; e.g. went from
non-attainment area to attainment. We will obtain current information concerning
changes and trends.)
• Global Warming (We will "paint the big picture" using available information and studies.
Sources include SKICO, Canary initiative, REMP, etc. We will not be conducting
primary research but attempting to summarize and quantify data that currently exist but
have not been systematically compiled or integrated.)
Data:
• Environmental Health, Canary Initiative
• Stormwater Information -Engineering Department
• Minimum stream Flow information -State resources (for wildlife vs. for health safety)
• Capacity Analysis for water and sewer
• Jenny Adair Wetlands -Parks Department (benefits and big picture)
Pedestrian/Bicycle Network
• Intra-Urban Connections
• Urban-Rural Connections
Data:
• Maps with updated route information (winter vs. summer use)
• Recent trail expansions and work (document using a map)
• Trail usage -Parks Department information. Develop a method of summarizing existing
use patterns such as "heavy, moderate, light;" and also summarize how to get from Core
to outward areas using maps. This will result in a mapped depiction of trails.
Economic Sustainabilitv
We will attempt to better understand and portray what the local serving economy is, using
existing data from various sources. We will draw on sales tax and other economic data sources
to characterize the economy in terms of:
• Tourist-Based Economy (Winter/Summer)
• Local-Serving Economy (Spring/Fall)
Data:
• Focus on off-season months for Local-serving economic activity-sales tax receipts at
whatever level of data is available
• Carrying capacity analysis for service -what is aggregate demand and what does it and
could it support?
• Average trips Down-valley for services -regional travel for retail services
• Tax Base trends -where do revenues come from
• Retail taxes by month
• Lodging Occupancy (requested from Planning)
• Lodge pillow counts (requested from Planning; include Limelight's 110 units)
1. Garrow
(/10/08 p. 5
• Ongoing Fractional Use Study--RRC
• Visitor demographics -SAS
• Airport enplanements and deplanements
It is understood that the economic sustainability analyses component of this study will draw
primarily from existing data sources. In the event that a "demand study' is determined to be
required, that study would be authorized under a separate budget with specific objectives and
tasks identified.
Sustaining the Aspen Idea
We will develop a narrative discussion of this topic. We will draw on any available economic
and capacity studies.
Arts + Culture
• Heritage Education
• Spiritual Sustenance
Data:
• Churches, Synagogue, Services, Membership numbers, etc.
• Aspen Institute
• Aspen Historical Society (facilities, memberships, services)
• Non-profit numbers and services provided (may need Staff input)
• Arts Studies (capacity, economic studies, arts survey) to get centralized information on
the importance of the Arts to the community (culturally and monetarily)
• Facilities and Capacity -where we are, where are we going? (Wheeler, Music
Associates, etc.)
Planning for a Lifelong Asoenite
This topic will be addressed by drawing on information that allows human services to be
addressed over a "lifetime," drawing upon the available data from a variety of service providers
including:
• Health Care
• Day Care
• Schools
• Emergency Services
• Senior Services
• Recreation Services
Data:
• Recreation systemslfacilities Capacity Analysis
• Capacity Analysis and maps for Day Care, Schools, Senior Services, Hospital
• Demand trends for all services
• Future demographic trends -implications for all services
Philosoohv of Governance
J. Garrow
1/10/OS p. 6
The team will prepare a narrative on how government works (city and county) including the role
of staff, and who does what. The document will address special districts including storm water,
historic, etc.
Data:
• This section will be based on charts and descriptions, no data. It is intended to be a
written municipal civics lesson - it will chart how local government operates.
Historic Preservation
The written overview for this section will address the program history, as well as major
milestones that have been met. In addition, as summarized below, recent work by the HP
Department, and mapping will be used to portray current and past efforts.
Data:
• Basic history of program, including recent work (how the program came about and when,
including recent work by HP Dept.)
• Map of designated parcels (local and national registry)
Affordable Housino
This topic will be addressed using a summary history of the local programs as well as current
data portraying ownership and inventory. We will draw on the efforts of EPS, as appropriate.
Data:
• Housing Summit Data (identify what has been built since 2000 AACP)
• Inventory of City purchases and parcels (what is potential and not approved, approved
but unbuilt, etc) (Tom McCabe)
• Updated Housing Inventory (APCHA)
• EPS -updating 2002 AH figures
Additional Topics that are Primarily the Responsibility of the City:
Sustainable Transportation Svstem
We will gather data and report on local efforts to create a sustainable transportation system.
Data:
• Bridge Counts, Independence Pass Counts
• Capacity Analysis for Transportation systems (BRT projections)
• Physical Planning in Brush Creek to Aspen Corridor (Identify upcoming planning
efforts/projects)
• Maroon Creek Bridge construction, new bus lanes to Buttermilk, BRT, airport expansion,
Buttermilk Base Village, new City bus route, AABC Capacity
Timeline
1. Gazrow
1/10/08 p. 7
A timeline for the specific tasks identified in the work program is presented in chart form below.
As illustrated, we anticipate that the entire Existing Conditions research and report process will
require approximately four to five months.
TASK
PROCESS REFINEMENT & AGREEMENT-
staffwork session
TECHNICAL WORK -DATA COLLECTION ;p`., =w
ECK-IN (#2) -work session with staff,
NEMENT OF CONDITIONS REPORT
OF FINAL WORK PRODUCTS
CHECK-IN (#3) -work session with staff,
meeting with CC and Planning Commission
DRAFT REPORT
FINAL REPORT
J. Garrow
I/10/OS p. 8
COStS
The identified work program will be completed fora "not to exceed" fee of $75,000. This budget
includes an estimated $4,000 for reimbursable expenses including printing, travel, mileage,
lodging, and meals. In the event that special mapping, printing or additional meeting
requirements for the project increase the reimbursable costs substantially above $4,000 these
special circumstances will be addressed in advance of incurring charges in excess of $4,000
and the costs will be jointly addressed by the team and the City.
In the event that the City desires additional meetings with our team, beyond the meetings
contemplated in the schedule above, these meetings will be billed at $3,000 assuming costs of
preparation, travel and participation. This anticipates that both Chris Cares and Julie Ann
Woods would be involved in any meetings. If only one team member attends a meeting these
costs would be cut approximately in half. These meeting(s) will be considered "optional" and will
be in addition to the work program described above. They will not be scheduled without specific
authorization from the City
Rates for Basic and Additional Services
HOURLY
Chris Cares .................................................................................... ........................................170.00
Julie Ann Woods ............................................................................ ........................................170.00
Nolan Rosall .................................................................................. ........................................170.00
David Becher ................................................................................. ..........................................90.00
Julie Arnett ..................................................................................... ..........................................70.00
Subconsultants .................................................... Billed directly at subconsultants' regular rates
Reimbursable Exoenses
1) Air travel, lodging, meals, and related travel/subsistence out-of-pocket expenses are billed at
direct cost.
2) All travel time is considered a reimbursable expense and will be billed atone-half the hourly rate
from portal to portal.
3) Mileage is billed at 50¢ per mile.
4) Long distance telephone calls and other reimbursable expenses, including postage, supplies,
film, photos, etc. are billed at direct cost.
5) Photocopies and printing that are contracted out are billed at cost plus 10 percent. Photocopies
that are done in-house are billed at 10¢ per page.
6) Custom report preparation and publication, and special presentations, (models, photographs,
renderings, slide shows, etc.), are considered reimbursable expenses and are separately
negotiated with the client in accordance with special requirements.
Certification and Supplemental Conditions to Contract for Services -
Conformance with &8-17.5.101, et seq.
Pur~OSe. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343
that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens -
Public Contracts for Services." This new law prohibits all state agencies and political subdivisions,
including the City of Aspen, from knowingly employing or contracting with an illegal alien to
perform work under a contract, or to knowingly contract with a subcontractor who knowingly
employs or contracts with an illegal alien to perform work under the contract. The new law also
requires that all contracts for services include certain specific language as set forth in the statutes. This
Certification and Supplemental Conditions has been designed to comply with the requirements of this
new law.
Applicability. The certification and supplemental conditions set forth herein shall be required to be
executed by all persons having a public contract for services with the City of Aspen.
Definitions. The following terms are defined in the new law and by this reference are incorporated
herein and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created in
Public Law 208, 104`" Congress, as amended, and expanded in Public Law 156, 108`h Congress, as
amended, that is administered by the United States Department of Homeland Security.
"Contractor" means a person having a public contract for services with the City of Aspen.
"Public Contract for Services" means any type of agreement, regardless of what the agreement
may be called, between the City of Aspen and a Contractor for the procurement of services. It
specifically means the contract or agreement referenced below.
"Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not
involving the delivery of a specific end product other than reports that are merely incidental to the
required performance.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
By signing this document, Contractor certifies and represents that at this time:
(i) Contractor does not knowingly employ or contract with an illegal alien; and
(ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order
to verify that it does not employ illegal aliens.
The Public Contract for Services referenced below is hereby amended to include the following
terms and conditions:
1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under the Public Contract for Services.
3. Contractor has verified or has attempted to verify through participation in the Federal Basic
Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been
accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services,
Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing
verify such application within five (5) days of the date of the Public Contract. Contractor shall
continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same
every three (3) calendar months thereafter, until Contractor is accepted or the public contract for
services has been completed, whichever is earlier. The requirements of this section shall not be
required or effective if the Federal Basic Pilot Program is discontinued.
4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment
screening of job applicants while the Public Contract for Services is being performed.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public
Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall:
(i) Natify such subcontractor and the City of Aspen within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing or
contracting with the illegal alien; except that Contractor shall not terminate the Public
Contract for Services with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
6. Contractor shall comply with any reasonable request by the Colorado Department of Labor
and Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-
102 (5), C.R.S.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may temunate the Public Contract
for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual
and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-
17.5-102, C.R.S.
Public Contract for Services: AACP Existine Conditions Report
Contractor: RRC Associates
4940 Pearl East Circle, Suite 103
Boulder, CO 80301
By: C. Christian Cares /~~~1 ~~`c1
Title: Principal/Director
Contractor: Elk Mountains Planning Group
PO Box 11891
Aspen, CO 81612 /~ ~~~
By: Julie Ann Woods ~v-`~
Title: President (///
1PW-saved: 1/18Y2008-867-M:\city\cityattyleontfacl\forms\certification - hbAb-1343.doc