HomeMy WebLinkAboutagenda.council.regular.20080609CITY COUNCIL AGENDA
June 9, 2008
5:00 P.M.
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments 8~ Petitions (Time for any citizen to address Council on issues NOT
on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Deletions and Additions
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters maybe adopted together by a single motion)
a) Resolution #49, 2008 -Contract - AACP Public Process
b) Resolution #51, 2008 -Contract -Aspen Economy White Paper
c) Resolution #50, 2008 -Contract -Fee Study
d) Resolution #52, 2008 -Contract -Police Vehicles
e) Resolution #53, 2008 -Contract -Parking Department Vehicle
f) Resolution #54, 2008 -Contract -Asphalt Improvement
g) Contract -Burlingame Audit
h) Resolution #55, 2008 - Burlingame Housing Inc Appointments
i) Resolution #56, 2008 - Finalizing Burlingame Single Family Lot Issue
j) Resolution #57, 2008 -Contract -Tiered Electric Rate Study
k) Resolution # 2008 -Contract -Trail Overlays
I) Minutes -May 27, 2008
VII. First Reading of Ordinances
VIII. Public Hearings
a) Resolution #48, 2008 -Conceptual SPA - 300 Puppy Smith
b) Ordinance #16, 2008 -Code Amendment Landing of TDRs
IX. Action Items
a) Resolution #59, 2008 -Affirmation Lift One COWOP Goals
X. Executive Session
XI. Adjournment
Next Regular Meeting June 23, 2008
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
~~
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development Director (~
FROM: Jessica Garrow, Long Range PlannerJI11U
COPY: Cindy Houben, County Community Development Director
Ellen Sassano, County Long Range Planner
Don Taylor, City Finance Director
RE: AACP Public Process Report -Contract for Professional
Services
DATE OF MEMO: May 30, 2008
MEETING DATE: June 9, 2008
REQUEST OF COUNCIL: Staff is requesting Council approval for the AACP public process
contract. Attached is a contract for professional service to conduct the public process for the
update of the Aspen Area Community Plan, and to produce the AACP write document. Design
Workshop will be working with City and County Community Development staffs to conduct a
public process for the AACP update and to write the AACP document. A detailed scope of
services is included as Exhibit A. The contract is for $250,000, which includes at least three
check-in meetings with City Council and the Boazd of County Commissioners. Info~m~tion on the ~~
consult is in inc ded in Exhibit B. ak ~~ ate'' ~`~
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DISCUSSION: The sections below outline the consultant selection process, the topics to be
included in the report, and the timeline.
Selection Process: In December, the City and County released an RFQ to gather ideas and
information from potential planning consultants. Staff received RFQ responses from fourteen
(14) firms from across the country. From each of these responses, staff chose process
approaches that seemed like the best fit for the Aspen azea and for the goals envisioned for this
update, and reviewed this with the Council and Commissioners at the February 5, 2008 joint
work session. Based on that meeting the City and County released an RFP for the public
process. Nine (9) firms responded to the public process RFP. The submittals came from
national firms, as well as regional and local firms. The processes proposed were interesting,
outlined specific techniques to engage a broad spectrum of the population, and outlined
innovative ways to make the process fun and engaging.
The Aspen office of Design Workshop submitted a detailed proposal that addressed all of the
aspects discussed with the City Council and the Boazd of County Commissioners. The process
they proposed was the most comprehensive in terms of targeting a broad spectrum of the
community and providing different types of opportunities for community members to be
Page 1 of 5
engaged. Their process includes meeting directly with organizations in the community and
neighborhood groups, engaging in small group meetings with individuals from all of Aspen's
neighborhoods as well as its workers, providing survey opportunities for those who cannot attend
meetings, and a set of large group meetings based off of the format of the Core Values meetings
held in 2006. Staff selected Design Workshop's proposal because of its comprehensive nature
and its good fit with the process discussed at the Febmary 5, 2008 joint work session. The
detailed scope of the proposal is attached in Exhibit A.
Report Topics: The AACP Update will include all of the topics from the 2000 AACP, with
some minor modifications. The public process will discuss the tradeoffs associated with the
topics, as well as the interrelatedness of all the topics. The final report will provide information
on these individual topics and discuss the interconnectedness of all of the topics. The topics aze
listed below. Those with a * next to them are new for this update.
• Growth Management;
• Pazks and Open Space;
• Environmental Quality;
• PedestrianBicycle Network;
• Economic Sustainability;
• Transportation;
• Design Quality;
• Sustaining the Aspen Idea;
• Planning for the Lifelong Aspenite*;
• Philosophy of Govemance*;
• Historic Preservation; and
• Affordable Housing.
As part of planning the update to the AACP and the Existing Conditions Report, Staff examined
the topics included in the 2000 AACP. All of the topics included in that plan remain important
and valid. However, the organization of those topics does not reflect how these topics are
discussed today. For instance, the 2000 AACP includes Parks, Open Space, and the
Environment in the same section. While these topics aze related, staff does not believe that the
Environment is any more connected to Parks and Open Space than it is to Affordable Housing or
our Economy. Therefore, staff has directed the consultants to include a sepazate topic in this
update called "Environmental Quality" which will examine information on Air Quality, Water
Quality, Global Warming, and Stormwater Quality. The "Arts, Culture & Education" section
has been renamed "Sustaining the Aspen Idea" to reflect the historic legacy of arts, culture, and
education in the Aspen Area.
In addition, the 2000 AACP did not focus on social services provided in our community. In an
effort to fill that gap and reflect current conversations in the community, staff has directed the
consultants to provide information on the "continuum of caze" which includes child caze and
eazly childhood education through senior services. These are included in the topic "Planning for
the Lifelong Aspenite."
Often it is assumed that the City is responsible for many programs and taxes that aze actually
addressed and levied by other entities. For this reason, staff has added a section called
"Philosophy of Governance" to outline the roles and responsibilities of the different
governmental and quasi-governmental entities in the Aspen Area.
REPORT TIMELINE:
The scope of work included in Exhibit A includes a detailed timeline. In July through August the
consultants will work on a website dedicated to the AACP Update. During that same time, Staff
Page 2 of 5
will be finalizing the Existing Conditions Reports and preparing for community outreach and
education azound those reports. This will take the form of interactive features on the website, media
outreach, a speakers series where staff discusses the Existing Conditions Reports with civic
organizations, homeowners associations, etc, intercept interviews at public places, coordination with
Grassroots to tape intercept interviews with residents and visitors on the street, and public surveys
(if funded).
The next stage of the process will be holding small group meetings that aze modeled after the small
group meetings for the Core Values process in 2006. These meetings will involve all interested
residents and visitors, and will be held at different times in an effort to engage a large number of
people. The contract also includes targeting the youth and Latino members of the community, as
well as down valley workers. At this time Staff envisions holding separate meetings for down
valley workers so they can be tazgeted for participation in the process, and so the responses can be
tracked through the process. The meetings aze scheduled to occur between September and
December 2008.
Following the small group meetings, staff and the consultants will compile all of the feedback
received from the meetings as well as the other community outreach work. The lazge group
meetings will use the community feedback from these events. The meetings will include keypad
voting on values statements. The questions will be asked in a way that can tazget the tradeoffs and
interrelatedness of the many community values. In addition to the lazge group keypad voting, break
out sessions and small group discussions will be help. The various formats for the lazge group
meetings aze intended to allow all different learning and communication styles an opportunity to
participate. The lazge group meetings will be held in late January or early February.
Following the lazge group meetings, staff and the consultants will work together to draft the AACP
document. The document will be brought to the Council and Commissioners and the City and
County Planning & Zoning Commissions in Mazch or April for public review and adoption.
FINANCIAL/BUDGET IMPACTS: Both the City and County have established separate
budgets for the update, and have agreed to a 2/3 City 1/3 County cost split. The contract will go
through the City contracts process, and the County Community Development will provide a
letter of intent to the City to formalize this cost sharing agreement.
The proposed public process contract is for a total of $250,000, which includes developing a
website, community outreach and education around the existing conditions reports, small and
large group meetings, document writing, and adoption. Pursuant to the cost-shazing agreement,
$83,333 will be paid for by the County and $166,667 will be paid for by the City. There aze
$3~9AA--te $37,000 in additional optional expenses that the City and County can opt to fund
jointly or individually. These include:
1. $2,000 for interactive map capability on the website (for instance, to show where
respondents live, and to correlate responses to geographic location).
2. $21,000 for public surveys that will be conducted via the web, mail, and phone. The
surveys will supplement the small group meetings, and provide individuals who do not
have the time to attend a small group meeting the chance to voice their opinion.
Page 3 of 5
• Staff believes this is an important aspect to engaging a broad spectrum of the
population, and recommends including this $21,000 as an additional expense.
3. '$4;'699~a$14,000 for additional keypad voting capabilities at the large group meeting.
• The $4,000 in additional expenses for the voting capabilities would fund a voting
technology expert to assist staff and the primazy consultants in the prepazation of
the questions to ensure they aze asked in an un-biased and comprehensive manner,
to provide basic technical support for the technology at the meetings, and to
provide an additiona1250 voting keypads.
• The $14,000 in additional expenses would fund all of the assistance listed above,
as well as fund a voting technology expert to assist in writing and critiquing the
questions, to provide a detailed power point and script for the keypad question
portion of the meetings, to provide a dry run to staff and the facilitators prior to
the meetings, to provide set up and logistical support at the meetings, to provide
cross correlation assistance with the data from the large group meetings, and to
create a detailed separate report that reviews, scores, and tabulates the data.
• At this time, Staff recommends including the $14,000 option as an additional
expense in order to ensure the questions asked at the large group meetings
ar appro riate for the process. ~
3 ~ ~ ~
Fiscal Note from Fin nce: For 2008, General fund expen rtures are projected to exceed
estimated revenues by $1,337,776. This results in a reduction of the fund balance by that amount
and the estimated fund balance at the end of 2008 is approximately $8,650,000. The City has a
policy of maintaining a reserve equal to 25% (90 days) of its total appropriations. This plus
restricted carry forward savings equals $8,117,700. This leaves approximately $531,000, before
we drop below the tazget. While there aze sufficient funds to make this appropriation we need to
be cognizant of our tazget fund balance and other expenditure priorities that the Council may
have.
STAFF RECOMMENDATION: Staff is requesting appr9y~~~gf--~~,h,,,__ese~tvicen~ontrac~ with
Design Workshop. Staff recommends including the additional~$2I,000 wo ~i of sWU'~ey work
and $14,000 for advanced keypad voting technology as part of the contract. Staff has written the
resolution to include these additional expenses. If Council does not wish to include these
additional expenses, the Resolution will need to be amended. Staff recommends approval of the
contract and Resolution as written.
CITY MANAGER
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,f.,. b&~.,~Iuxoti . pu.W.~,-(a.~,~.. s~.,,.~., yv a ~e~` I~f~ ~ ~ )0 a , '~ `~b 6 ~ ~a.r'
RECOMMENDED OTION ALL MOTIONS ARE PRO SED IN THE FFIRMA IVE . ~~~ ~~ S ~
"I move to approve Resolution No.~, Series of 2008, approving a contractual agre ent fo~ yt.Q~r~
professional services between the City of Aspen, Colorado, and Design Workshop forQ~~~i
Page 4 of 5
professional consulting services related to AACP Public Process and Report, including $3,000
in additional expenses for survey work and advanced keypad voting technology."
ATTACHMENTS:
EXHIBIT A -Agreement for Professional Services, with Scope of Work
EXHIBIT B -Consultant Qualifications
Page 5 of 5
RESOLUTION
(Series of 2008)
A RESOLUTION APPROVING A CONTRACTUAL AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF ASPEN, COLORADO,
AND DESIGN WORKSHOP REGARDING FUNDING FOR THE COMPLETION
OF THE AACP PUBLIC PROCESS AND REPORT
WHEREAS, there has been submitted to the City Council an "Agreement for
Professional Services" between the City of Aspen, Colorado, and Design Workshop, a
copy of which agreement is attached hereto and made a part thereof; and
WHEREAS, the City of Aspen and Pitkin County shall enter into a cost shazing
agreement through a letter from the County Community Development Department to the
City Community Development Department for this contract. The cost shazing agreement
shall be for 1/3 payment of the $250,000 contract, or $83,333, by the County, and 2/3 of
the $250,000 contract, or $166,667, paid by the City; and
WHEREAS, the scope of services outlines additional cos s for survey work at $21,000,
and,advanc~d keypad votin~technol gy at $14,000; and ~JUU ~ +kT.eRa..~u.-e, vt+a~i~,
c.n ~ i 3 ~ 1 ~, 66 ~ ~ ~0-ei.z~ ~ Y~ C°.ct7 .
WHEREAS, City Council approves the propose additional expenses as part of this
contract.
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 Design Workshop, 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.
Section 2.
That the City Council of the City of Aspen hereby approves the additional survey and
keypad voting technology, as outlined in the scope of services.
Dated:
Michael Ireland, Mayor
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.
Kathryn S. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and DESIGN WORK SHOP, ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Professional shall commence work immediately upon receipt of a
written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work in
a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed
no later than April 30, 2009. Upon request of the City, Professional shall submit, for the City's
approval, a schedule for the perfom~artce of Professional's services which shall be adjusted as
required as the project proceeds, and which shall include allowances for periods of time required by
the City's project engineer for review and approval of submissions and for approvals of authorities
having jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a
time and expense basis for all work performed. The hourly rates for work performed by Professional
shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise
mutually agreed to by the parties the payments made to Professional shall not initially exceed
~8~~ Oi3~ ~.5A;960:U6. Professional shall submit, in timely fashion, invoices for work performed. The City
~~ shall review such invoices and, if they are considered incorrect or untimely, the City shall review the
matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assi bility. 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 may be due to any sub-contractor.
5. Ternunafion. The Professional or the City may terminate this Agreement, without
specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying
the effective date of the termination. No fees shall be earned after the effective date of the
termination. Upon any termination, all finished or unfinished documents, data, studies, surveys,
PS1-971.doc Page 1
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 maybe determined.
6. Covenant Against Continent 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.
7. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance and
unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and shall
assume full responsibility for payment of all federal, state and local taxes or contributions imposed
or required under unemployment insurance, social security and income tax law, with respect to
Professional and/or Professional's employees engaged in the performance of the services agreed to
herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part
by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional,
any subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor of
the Professional. The Professional agrees to investigate, handle, respond to, and to provide 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
PS1-971.doc Page 2
in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the
City shall reimburse the Professional for the portion of the judgment attributable to such act,
omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall
be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any 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 minunum 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.
PS1-971.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 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, conditions, and minimum
limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify this contract and shall provide that the coverages afforded under the policies shall not be
canceled, temunated 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 2410-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual aze kept at the City of Aspen
Finance Department and aze 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.
PS 1-971.dce Page 4
11. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered 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:
Anna Gagne
Design Work Shop
120 East Main Street
Aspen, CO 81611
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any temr, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and, until
complete performance by Professional of said term, covenant or condition, the City shall be entitled
to invoke any remedy available to it under this Agreement or by law despite any such forbearance or
indulgence.
15. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
PS]-971.doc Page 5
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.
(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
PS]-971.doc Page 6
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) Tenninate 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 arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal
law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
PS1-971.doc Page 7
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, terminated or amended, waived,
superseded or extended except by appropriate written instnunent 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 rime 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]
ATTESTED BY: CITY OF ASPEN, COLORADO:
By:
Title:
PS1-971.doc Page 8
Date:
WITNESSED BY:
PROFESSIONAL:
DESIGN WORKS P
By:
Title: ~Q~f11 C~19
Date: ~ "~,Q,
PS1-971.doc
Page 9
EXHIBIT "A" to Professional Services Agreement -Scope of Work
on the fdbwivg pogo, m iatdtpth dract~tiov dthe pm-
roxd .ape dxavia :provided. we aex.;b<e the pmts
ac6iedvg thonghdul avd QW+Y wotk. Focuvog m
delivenbin sad outcomes. The wdiax dpropaaed scope d
xrvsce u n follows:
SCOPE SUMMARY Phe« ~ - D.u CoR«tloo and Projrot Sl+e[gr
The purpox dthis phm n m atm the project. set cku
gosh avd ddivenaes, meet with applinbl<gmtapa
Cdlxtiov eMaiv6 dW wdl xtve two purpaw. One 6 m
the 6cdind« Ptocea. The xmad ptttpox u m
gather dau thu tm be ut6~ m the cteatbv dthe MCP
dounacvt. The pmjat 6ravdiog avd webdx wdl begin
devdapment x thu Inge.
Phw II - CottmattaRr Ontawaeh ImeiNiw
Thu phac ivcltade the adsaooal stops segrsdiog the e.ut-
ivg condidom and the pttajea ptacea u well a othm public
outxxh m ioidaoc th<pn>jcct.
Pious II1- Stroll Croup M«tmga
The Sudl Group av etivgi art ivtevdcd w eagaee a broad
sPectmm of mmumiry snem6eq specAw Ba^uW thx 6m
6ai united invdvvasent m the pm, sad groyv wah uawpae
pesyativn thu arc dten unhnrd is a loge moue toting.
Ph.,. rv - ~g• Grotq M«linga
ih< Lvge Group Meedvp wdl csvx oppomavitiea (or
cotavtwuiry ivtenction avd scevdmtiov dtk vahus and
Phu. V - Comntmity Phm Doetnasnt Creation
The MCP X108!2009 do vment wL be cxx<d thwgh
co8abontiov with Sn6. The docwaeu n mxoded w
6e den. <vgagivg, wvcue, avd apptopriax fora 6raud
audkva.
Phw V[ - Pltm Approv.l Procua
Adoptiov da fivil play can be a tm covavtdvg and chil-
leogioe Piro due w the atmY iuerata mvdwed. ^ ..vg
input avd buy-iv t6smsg6 chock--im with the tevrw and
approval body throaaghout the pincer can help eryedue the
process and gaiv the arovfidene< dhah the Cky Comcil
and Rood dComry Cossmsswven. Aden Procss sad
corchvnm m the donvmu man 6e e , ... . m evsurc
completion sad aPPovil.
PS]-971.doc Page 10
Rtaae VD -Rao Shying
The final docamem u ody a useful u it is made xceauble
to the audkacx.
ABBREVIATIONS The type and kvd of mPPon tcquited/expected fiom the
City and County and the ievdvanmt of conadmt groups
through exh task of the project u idrntified by ivtials w the
onkr of gmatat invdvetttmt/teaponabdiry. Abbteviatiom
ate m fogowx
DW = Defign Woduhop, Inc.
EMPG =The Elk Mountain Flaming Group, Inc.
PW =Project Wat
5 ° CAy and County Staff involved m thu ptoo:tt*
Vettturoni = Venturooi Surveys dt Retnrch, Iac.
OZ = OZ Architecture: Igtacio Cones-Ortiz
4C = Forsaee Comd[ing. Inc.
• Auording to the RFP'76e Cottsulant(s) should expect
involvement from approxatately su Staff mvnhett, with
varying drgtees of invdvemeut. Two Staff member a¢
expected ro provide 50%of thou thne on thin project. wd
the when wdl he aNe ro provide ka titre. Stiff u anticipat-
ing patticipativg w the emve proem and providing tech-
ninl/fisnctioml help, but SMldoes rot have Nte time ro
Gcilita[e meetingi."
Atixn Area Ctmmnniry Ran Pnblic Pmcea 12 I
PS1-971.dce Page 11
PHASE 1 -DATA Tank 1.1 Project Kickoff McMiag (DW, S,
LOLLECTION AND EMPG, PW OZ)
PROJECT STARTUP Time FmrK: Laze Jme, 2008
The Design Workshop tear wdl work with the City to
orpvitt, r;oordivate and condos a half day mttting with
Stuff (prmardy Conununiry Development, but could include
other depaebrcvb) n pu of a Project Ridtoff Meeting. It u
avticipated thaz Staff well exprew their expecbtiom regantivg
goal[ and rcryoaubilitier. This meeting will be esrevtial to
C1[alllbh [hC foROWing:
Introdumom to team memb<b
• Mu[ual agteertxn[ w the public 6cdiration mc6nirpra
Refinernevt oCtb<paoject xhedd<
• Ades and responsibilities of the DW Team, Staff and
oH'iciab
• M internal communKUnn plan Ce[ the Dessgv
Woduhop Team and Stab
7heee mentben of Design Workshop vvig ho# the rveet-
ivg. Three membeb oFProje¢ Wnt sviR be in atendance
Cot half aC the meeuug. EMPG and OZ well panicµute in a
portion o(the meeting via tdephove. Prior to the kickoff
meeting with Stab, >o imerml kilt-off meeting will be held
with the comdtavt groups.
Tak 1.2 Pryaet Maoagemaat (DW)
Time Frame: Ongoing
Every phase will invdve pmjec[ rrnrmgemev[ from DedWt
Wodbhap i Pdeeigl-iv-Charge and [he Project Manager.
Design Wodnhop atrh2s to enntrc quality aWSnna and
quality contrd through den comvmnicazion and dialogue
with their diems wd amongst our team. Dirac[ catvmt-
nication with the StaRwill be addreaed through metro-
ravdums, Phone calla and emails that well be provided to
tIK diem throughout the entimty a(the project. Thn mk
well include w hour afweekly upda[er or team tneetiogs
whh one member ofdse Dedgo Wodcshop team which will
uduaablex
%ojatMnagemam%m
crmaialitg d m Inhral
Cemmuniation %an, Tam
Oiactary, IMdirg Minutes,
Fnnl Scope d Work ProNtt
SeMdula
• Anumpdwr:
Irk atWxJ tint Daipn
wwksltcp Wvp.d&.,sp~'y
aguda m FI[.~olnfSVe,d Wlll.ny.
~tNer~..~y atMlt,~ W0
WYIOI UdW dK t'i111' ~ p
Daipn Wwluhop yPW Office
eJd ny to 65t$wtw6te in
anadWw wrd 6 DW tow
wrwkvm anwda,w. Only nw
of dK DW aw wenku adl
h p,asW fw tk eaaiK AJJdar
wwJa .44 n0 eJtes amntLnp
staJ?ksadwn. Ody nw DW
row wadrts atD My prvaad
wdode ead eryeWC mudard
mitt amdma.
DaivaraMaa:
• [hour tgdatmatng par
wakfor l0 mortlta
• tODroprasa spats
lal DAP
PS1-971.doc Page 12
oc~ x a tnrtually agreeable time. the dos pmxhrdry or
the mwn offices m the Design Wodrshop office and other
team trcmben albws for nneh oCthe eot»tnication to
be convenient and io pemn. Additionlly, a progtea repot[
debdmg all tasks tnmpkted during ex6 bdling cycle wgl
xeomisany a0 invoims
Tack 1J Dam Co0ertlms and Conuntnaitat3otu
Man (DW, S, EMPC, Vendttsooi, OZ)
Time Franc: June through Augn[ 20og
Cdlectiov desisting clan wig xrv< two purpose. Ooe is
to iafonn the ,. _.,.. anon proem. The semnd ptupose is to
gather dxa that em be utilittd in the creation of th< MCP
doctanene Dan that wdl be uteri both within the MCP
docnrrent and the (xdintion proven include the Vidoa
and Poliry Stmemenn front the 200D MCP, GIS clan from
the City and County for [[tapping purposes and the Existing
Condition Report. Ptevipn tutvey clan nch a the Aspen
Cote Beliefs meeting twin, Pirkin Couny Cottmmniry
Survey and the Senior Survey may 6dp itdomt the rrnnner
in w6k6 question arc posed within the Cxdibtion sneet-
i~ and to identify [tends in there moq town poliog of
commmity values. Stiff will pmvide sequeaed clan m the
Design Workshop Team.
It u likdy that w6& avalyring the clan, DW will dix:ovcr
efficiencies in the mdc daualysiog the da¢ Theo are
appxem eff¢iencie of 6rvmg the author dthe Exinmg
Condition Report std the 2000 MCP on the project team.
Julie non Woods wdl ivoerprc[ avd end snood application
of the Exinusg Condition tepoct 6ndinp. Team manber
Linda Vmtmoni wd1 provide vahaWe indglu inn the reeen
survey work that she ha conspktcd io the commueity.
Team nsanber Ignacio Cones-Ortiz wdI review the pas
15 yeah dlaeno activity in the Roaring Fork Valky m
eompde knowledge, identfy mends wd diseem options m
muesialixe a nsraniogfd Latino cootrtbsttion to the vision.
To in(omt the 6cdintion pmoen. an imtid list will be devd-
oPed ~~Yi^8 ~ 8roW and individuals that Decd m be
rex6ed, [brit role m the ptorcn, and how to coons thaw
Thn Cornmunication Plan wdl 6e brgderseoted in Phan 11,
III avd IV. To esnblith the grwndwodc rot these runue
pbaaea, mwy convenation wdl [teed w tike plxe with
reprexnntive, group orgavixn, and comrtwniry member
For ezauvrple, m daemtine a manner to Gcditate small gresup
Aspen Area Commnriry Plan Pnblic Ptoceu I ~ I
DalivaraWM
• Manod clan codaWd
and naMs
• Exbrmltomautdcniona
Plan
• Awnpaasr:
Su$asIIposids City aul
Cawry'rP°1n sari daasena
PS1-971.doc Page 13
meetings with the Latino conmmnity we will interview
Cathogc Charities of Comwrond Spriegs, the Cotrntumity
lutegntbn Initiative which u the current itentioa of the
Latino Netwo~ Couxd, aed other cotnnuoiry leaden In
addition. xhod admioiwmon wdl need to be interviewed
to detemine a mnm oChcginring the youth xtrvides.
We antsipate gutting this effort of dexbping a corrmuni-
cation phn with Stab The initial Co®tmnication Plan Em
oCeonrxn avgl be devdaped by Deaipr Wedrshop and SnB'
wuh provide suggestbn and additions. The lut of fdbw up
eoobcUurCo galhenivg mp[msibgitid wig be divided with
Sn6
Task i.d Media and Atdveedaement pLn (DW, S, AaYvtrablea:
pW) Madia plm br dra propct
inclWip a d[daigd timakw
Time Fsurre: June through July 200g arN nano inehditq canner
itdo, ariUCgand cord.nL
Succesdtd cormmrnity outrcaeh regain a stra0.•gic plw for yrotaed, stMduN, and eosb
utdixing the media. Auo rceprised u a ekx uoderxandiog of
conuten nreaages thrt weeds to be eonveryed. Broad media a ~:
Se~'w9 ^mY• ~ mdi.
wtrcxh wig be needed For. NIIYpIf indu6ny MnMU,iMFlnf.
(M([ aj•KMlftr pCRI
• Education about the exuting condition report; e„b,,,d„~_
• Invintion [o the Lugo group tneeungs;
• Diarihurioe of the finil plae; avd
• Grnml advenuemeot about the proceq aed other
oppomreirier for input (i<. wehsite, mall group
mcetingr, and intercept interviews) .
Thu task addresses the reed m develop a specific Pla^ 6eforc
[he ones oEthe public invehmsent. The phn wdl nt8et
specific gtonps through medu, such n text rneswges w the
terdmdogy sat's'Y and Spanish media roverage.
The snedn p6n wgl include a contact Iin Cor nsedu, a
deteuptbn of the protorol Cor commuvicrtbns, a schedde
for medu evmn avd actictitin, media eosn the town would
ixur and idenrificatbn of the typo oEinfomution m 6e
ivclueled in Cueuc ,, pxket. We anticipate a plan Cor
media involvmrent to ndude:
TV coverage: A speed'ie plan would be created for
airing program on Cmaroon TV. Thu could include:
t hour psogrmu [o air 5 times m;.mm~ 2 miw[e
memges between the progamsmdng breaks, and speakers
i s i DIWOOP
PS1-971.doc Page 14
and ptmentadom w appear ov euemtt lod progtamt.
In addition, a deraged plan anll be eseaxd for limiad
advettoivg on valley ody cable tdevcaon. Station tech
ss the Weather Chmnel and lod news reporting an
highlycoat-eRecsve whm msgexd w a small gm-
gnphie viewee area.
Radio advetssemen[ and pmgame Radio wodd be
used for advertiaemevn for the rdeax of repern and
ivviGtiom w meeting. Baoodcassng des variety of
progavts u abo possible. Pro-xwded tixemgi or
spnken codd be provided w lad soda smtiom for
airing. ~. Tic Paogrmmting might be emted
for radio. gtatiom w consider ax: KAJX (Aspen Pudic
Radio). KASP-LP (Atpen commm~ity radio) KSPN
(trarse and kxal event coverage), KNFO (News/Talk
Radio), KSNO (must and 1«al news), KPV W (Radio
Tri-Cdor Spanish Lmguage) rod Nmva Mic Spavir6
language, and KDNK (Carbondale/Glrnwood Sprite
commwnity udio).
Newspaper cwesag: Thu will i«Iude adv<rsx-
mena f« meeting, idmtifieasoa of xotia we wodd
Itlre covered 6y the lod paper, and agttemen¢ with
phewguphen and xporxn to attend nxetiaga To
supplement newspaper display adverssvg, we would
recommend multi-page special isssetts to be i«Iasded m
the lod paper. The invert codd be uxd for a vasiery
of putpoxa inducting commudeasvg a eordenxd veo-
sera d the Fsstivg Coo<iitiom Repon «for advance
conmunieasnn dkey quessom thu may be asked a[
Br«P meetings. Printed ovemtns d the mxns codd h<
uxd w adicit baud wsnen input from underteprexmrd
groups that may not Gave stem w a computer (xvior
eitiaevs, (or exartg>le). Neaspaprn w consdet a¢: The
Aspen Times, The Atpen Daly News, La Tr3una, Le
Mosoq and th< PoA Ivdepevdent.
Cammunhy adveaixnxna: Placement of adversx-
menb iv cosmnirvay plxea may be uxd m nrgee
groups clot may not typically a«ountcr the medwn
Isttd above. It may oho xrve at a reminder of cnpor-
tam dates s«h n the hrge group meesngs. Community
adveatvement would take the fovn didevtificason ov
community and vitiwr websiles and odine drndan,
direct aat>a to target gsosgn. phtcortrot dpoa[eNfli-
ea is phtcn ofptmninent public gthesng intdudisg:
grocery stores, libratits, bm stops and interioq the
gondola place, gyms, lod busiixst eua6lshmevu with
high pa¢ovage or number demployees, von-profit
Aspen Area Commtttity Plan PabBc Ptottaa 16 I
PS1-971.doc Page 15
enahlidutsena, child mte (aedi[ier, rchoob, aelecr m-
taunnaand haeb, health rm 6eilhies, neighborhood
oganiattiom, and $ordaMe bowing coaµdexex
Tank 1.5 Project Hrmdiag (DA, PW, S) ~Y
• Mork-w mmplw for.
Time Frnse: Jme through Srytndsec 2008 pmNd bpo, newapepx
•dvatia•matb, poabrs,
Meeting adveairanenu, viaak (or prsxenbtiom. hwdotw direetmal, filws, potwr
(oe public meeting, the webun, and the final docsmten[ pobnprmmation
mua all hm a design astd (ovmt that h cosninem, compel- bmpber, edx pelbt
ling, appropriax for the di&rmt fomnb, avd h approprnte and fame, mwntp
For the English and Spanish spnking cortununities. Meeting MMattb, pot[xt.
and docwneet tides, loge, and word selection can make wabait• bann•n,
the di&sesux bctwocn 6ig61evels of public awasestess, dotum•ttt •nd ptLic
m••tinp otla
public apathy. °r even di4rme Out branding expem and •
Impl•m•m•fion
webdte apecialub wig hon an initial meeting with Staff to puidd'nadpnphie
braivsrnms vhal aspects o(yaur 6raodmg (idevthy/bmd a4ndarda txMe
image) as it relates to your target audience, mesragirsg and bnMng eompoMtts
comnmicatwm.
The DW ream will then devebp two to three achamtic
rtrockwp eaunpln of the delivee6ler for discussion at a
s«ovd sneetieg, Oee schematic will be sekctcd by Staff and
nnlVCd m the CICxWe OCthC dCLVCtabbR IIDplentenatlOe
gttidelinea/gnphie saedards avdl ale 6e proa6ied
Tack 1.6 ~ebaate Development (DR', PW, S) Delivetahlp:
Time Frame: Jme t0 through September 2008 fl•s•erth •M ~~~
• Tlw•e•mpl•dapm
Team membea Project Wex vadl ercatt and maintain a nrfirm and NeoM level
website that includes all the rervim listed in the ItFP. P•IN d Ilr sib
Dow ~~ ieopy
Groaner T.V. can provide a0 video rervim (fi6nivg and prondad by ebattl
editing u a vuminal price camParod to a cmrmtercial oft) •
D•bibd prolxt
fomatted for the web. We suggest the fallowing scope oC production nMdub
work rcguding the websitr. SMbgk implxnmmtion
pbn
ProjectWest 6az developed a fats pazt approach ro a cuxom- • All deeipn, d•vdwmem
ized Web relation for thb public infomotion campaign. •M eod'np vrxt
The psocns includes the phases oCDucovery, Desigq Dstipn, coding, k•YwadA
Development, asd Deployment. m•nbgs and 6nksior
optimal »•rch estpin•
• The Discovery phew h ProjectWen i initial iv(oenxioe ndtny
gatberivg avd Deeds analysis nage. It includes the kicko6 Liutss•b use
meeting and other group meetings u weg u one oo ProMCtBtakx
IWb-based cart•nt
OnC InClmgt ]nd mnil WICrf]CC e%p10laWn. Wt Well mamp•mxnsysbml
e reruch sec6n' ~
mploy Suer (ohrervation; mtervews, Serra earrf'gaatian end
quenionvauea, and rc6oed xtivitin) to team snore sin sx-tq
ir1 __
D~DP
PS1-971.dce Page 16
about the ptaevrcl site uxra and will dnw on a combi- "Acfwapdor: St~as9yawidr
e
nroeare6 and aehmkgiol possiblides ro
nation of tn
c t~wim n ~ a.6dn f~+
l
_
_
Clple wr deu@r t110tepf. I ds odasdar, bmtdve, U[,.
• During the Design phase ProjectWeu develops the ~~ Wo,kdup ~ ~
P'rY~ ~~ y~
creative sentegy avd presevts the Ciry a~ Counry with dst ndurr, bat ar9 svpp7y aB
a creative brief outlining the strategy. The creative brid !elisewbkr idndfitd is dwnwM
ivrlwks the band positioning and devdopmem of fa.vwfu ududan oa [M a+d.
the esexive theme - which u based on the euabluhed Wdxit lvsng ag mn ar ym.
brand, our crcativ<braimromr sessions and the readu
of out discovery ptoces. During thu pbase we will also "Mvsgam: Hog Femra and
devdop she urfonmrion acchircctum for the plan wd a /lmmtise M"P+~ ~ °Ptlon^I
SINCInK f« the lnfnlinahOn that a Wellirf< WIg COOf9n1. Idd(iplSt ftMIQ nW bldYdfd In
Our focw iv designing the ivfonnatioo atehit«turc is ~ bottfee.
always on the usn and on user re9uuemenn.
• Development of the site begun after signo6on the
Imernn architecmrc plan. crative brief and gaphic
design. Thu phase ivdudea a0 eodiug wd peogmm~ring.
bold-nub, th< digitaliration of all photos, lhrstn-
tiom, graphics or login, devdopnrem of ^" ,
dcvdopnxnt of the administvtion area for the tenant
roanagetrcnt synem, desrgo and aaivarion of the enuil
and visiror daa captnrc fomn, and th< development of
tepoa ttxkiog specific to the needs o(dre City for thu
project.
• Prior ro deployment, the she u tested ov at major
brow¢b and p6tfomu ro evasre fu«tiovaliry and
iruvirive uabliry. W< will provide a one-hom min-
ing sessivv as well a a comprehensive step by sap user
manual. Thu doctmtem darribes the sire mainamvice
pc«edurn and a recovery plan for ex6 (mewmbk
hardware/sofiwarc Glum. After launch, follow-up
assesvnenb are nude at weekly inmrvah For the fmt 30
days a(oet launch.
A mggested appmx6 might be to desieo the sia m tuck a
way that h comear to the individual and creates a strong
sense of ownership - "The Asprn Am Community Plm
u your plan." Thu approxh dews 4om the 1993 and
2000 Covununity Vuion which encourages rrwrc titian
Aspetr Atca C®mutiry Plm Ntblic Ptoceu I g I
PS1-971.doc Page 17
interxtion, involvemem and patticipuion in public pro-
«sas. It should encourage brovaring dtbe ate and solicit
k<d6ar:k soil irrferxtion where applicable.
Since thn will be a wpm[ heavy si[e, we might nrggat
building the content #nKma iNO apage organiaxd by
abject with Imks to funkier ideunatieo. Thu n a very
powvrhd wry dmakiog idommlion readily xceasrble to a
wide urge of tiara Thu ptovdes ao at-a-glance window to
a hx of infomrauo4 n« all dit in the awe action. At all
Icach, oavigotion o«ds to 6e obviom and innritive, laying a
solid formdation Cor ao easily-managed, Amble. and highly
Gable site.
Out development mattgy world alto emit using the later
interactive features ioduding full Conant rtaugenteot,
intetac[ive maps, on-line surveys, video streandng. Pod wta,
dogs, tWdaoble cdendu devmu, inquiry email. cormrcnt
abmusia4 media c<nar with press releau archives, Ptiut
liub, site map, search engine, avd «her inmvative (courses.
PHASE ~~ - Taak 2.1 Intotcopt Ialorvietva (S• DW, OZ) DaNxeraddea:
COMMUNITY Time From: Augat through D«embe[2008 MamO idamiyind tlw
OUTREACH lodishcs. inapt and
(NITIATION DW fully embtxes the idea dinteaept interviean proposed daiod otteamo lorlho
in the RFP. The book eatided The Aspen Idea by Sidney iriateapt it4rriwvs.
Hyman dearibes thu udomul camnunication style that has Coaditption with
been pan dthe charm of Aspen sin« iu early days as: Grasuotds T.V. and up
a 10 hours of aditinp
"Fne udrmrge of idau in an eery msdplmrmu tiny. Disanguishd diraeuon.
speebm did not rctirc m doirarsr uAerc-sky tilled ordy m coil • 21 hWR d inareopt
otM; thry avrc dm< at hand an/ omld de ng~+ed in spontaneous itlatvlawa eandutad by
duarrians undo a tnY, m Ih<rourr<of a uulk, noes a ap ofa ffa[ oM Dargn Workshop
a a midroght dunk." msnepar and ana imam
3 hours d inrcapt
As mentioned in our Undennnding and Approach, the itdttvisws witlt Spanish
gatbermg dpeopl< Cor pubhc evetus and m puHK rpaCH translamn
will be capidiud an in this pmcen. Fawen Marken, the
Snowrrms Music Coocertq lod festivals, and local sporting
cvrnts, arc just some dtb< plan chat iofosmation gadaring
and the diwllatioo dinforautbn can bke p6ce. Theo arc
mavy points b the process in which the intercept interviews
could b< uvful. The follovrieg u a desc[ipdon d vary-
ing poabgitiea [hu will 6e eooddered within the bgutin
m<nso:
1 9 ~.~'
PS1-971.dce Page 18
Eaismq ConJitiom Eduradon:
76e Exivivg Covdifiom Report u (ug of Scr and ('igoms
that az rat typically mtertuemg to a brand atdience. The
RFP suggem a"Jmpardy" game w entice people. We sug-
gest avariation that would Blow for mom "mn[eumn" ro
..play.. and might game more puhhc attention and mteten
on local TV. We mP¢est intercept ivterviex~ that follows
the theme of the television ~rve-show "Cath Cab". Tthda
quatiom 6om the Erimng Covditiom Repon could be
asked aCmryremqu ov-the-nrea panicipanr iv zueh
o(the "Ultimate Agtenroe". Thu u intended w Et th<
1993 AACP Vsriov that the corrvrnmity should "avid u
envin>vnseat thu u roo nsuemsed, o0o ped'ecx, wd that
<knsinatea [he fimltivas that Dote chatactetraed tb< town."
Cmtsmxs and other uceverem behavior should be encour-
aged in thu (overt for the purpaz of expzsuvg the unique
perzmluka and provide rnrertainivg vduatiov. The
program can alto feawte the diverity of the community
by indudittg game show bons and participao[s who gieak
Ianguaga other than Eegluh. Subtitks can help overcome
the language dsaknga.
Gruaoon i. V. world 6hn the ~c show givwg rmz
legitunxy m the interviews than juv a handheld penoval
caner. The psograrts would ehm av on Gtasmor T.V.,
6e used as a pod-can, aed dips shown ae she I.atge Group
meetingx
Cavvwniry Velurs:
Attending the large Group tneetivgs may be ira:emoirnt
(or some people, including short-term visitor and seasaoal
woskcr. Capturing input io the (assts of a queniomaiz,
inCowal mnvmation, oc again a vidm interview mold
allow for brie(, but uzfiil input zgardinB em®uniry
vaWea A video 6mth stt up in ao xtive space such a the
gondola plaza m Ruby Pack Tranul Center may albw Cor
priwtt converm[iom to rake phce, caPmring convemtiom
(m fum¢ uz. Evmr honed fm zannal worker mry 6e
another place to gather input. Iv addirkn, enema mold
b< basted with the leak and app<aasce o(a typical Asprn
evrn[ xvnged to agow for iv[eaept imtrviews to take
place. The Atpen Voting Pmksuoml's club volunteer 6ir
bas been succasCul iv the pet by gathesivg people fm wioc
[wring iv ordn m [hie infomntwa Ssxh a model nuy be
used to engage the young ptoCerionals to dump the futuro
oFAapen and their rile in it.
__
Aapm Am Commttuty Plan Public Prareaa Ito I_..._
PS1-971.doc Page 19
Desgo Woduhop wig grist SnH'in identifying the place,
[ire, logintfcs and intern of the interviewer. The i~dvement
m conducting the mrcrviewa u lured u>o additional xtvice
u thu u a tack that Stiff may choox m uvdenakv them-
sdvu, bu[ may need additional support.
Tnk 2.2 Spealun Seder (S, DW, EMPG, OZ) Deivwablee:
Time Ptame: Jdy throug6enid-September 2008 Ouwbp ngltg patty,
pnantadms, and handow
Them ate many active orgmita[mm m the cwmmrviry that •AuveyMn:
world benefit from a Speaken Series for edueatiov on the 5~°~OM1~ err ~°aOf
eauting covrhtiom a weg a m encourage them ro parties- Saislnrunmdam wA p m
pvte in forum irymt restiont The RFP suggener engaging 76 burs fusing semrdws/
twelve (12) orgamntrons with Ibc oppochmily formose. W'i^Pwm `Y ~~ Worluhop
The d"dicvlty Tics m xkctivg the groups that will be the a,dnp a 16 Merges (mdaJ,q
lranl d,Mf f d'pavrh 6lvblm/
mnr RN2td1 [n ]ddRJt'tl w'eg u [he nqr d1VenC In
^K prtsnssdonprosddsd 6y 02.
older ro get a xme of a bnsad eaor aectbn oCthe co®nu-
nity and inrcrcm. We suggev engaging groups with imetesr/
locus on the topical arcu and have tinny active nxmbm.
along with [hox groups thnc contain mmben that are on
the target list of the typiogy tmderrcpracmted.
Design Wodcshop Team will undertake the folbwivg:
• Identifying there groups m engage in the Speakers Series
with input from Staff regarding th< lot
• A one-pag< handatt m di+tnbnrc u the meetings
• On<Ta% wmplex daft lie of tdking poivn and draft
power point prexnntion for the City Staff to tailor for
each group/presentation u desired.
On< day oCptexmations to Spavuh speaking group.
Prcxntation/anendmce by Devgv Wodtshop.
Tttsit 2J Qttestiatnaire Devebpment (DW, INiverablea:
Vmisacori•S) Uueativmain for PubEc
Tirtte prove: Oetohec (qucviomaue prepuntiod through Meednps
pebnraty 2009 (doer gathering and amlysis) laptivnall MiA and
On•lim suety, aurva/
The RFP rerurtmrends thaz the Large Group tttarinp in Englitft end Spanish
include the ux oFkeypad voting. The Desige Wo~.shop Dh9ne away, atrlyau d
Team wgl devebp a que+tionnairc ro he used iv the Lasgc tha dNa.
Grotty meetings and Smag Group Meeangr.
The individual rncerings provide an opportunity ro heaz
From a portion of the conmmney in avendavice az once.
__.
I I1
PS1-971.doc Page 20
However, the panicipana at the huge public meetin® arc
typinEy mt repteuntarive of the broad apeetnmt of the
community and the reAda do mt staid Eor th< absdutc
sentiment of the entve cortmvsnuy. For thu [coon, we
rervmmend a wrvry he cotdttcted ro provide additional
avenues for edleerion aFpublie unrirmnt. Thb wrvey is
idevriEud u an oprioval wpplimeval item in the fee estvnate
that aequim appwvd.
We believe that pan of creating a tnnsparem proven h
covductirtg surveys, qunrionmirn, and don amlysu in
an mbived and ttatvtically sound mama. IEthry am rwt
contple[ed in tha trunna, they arc merely opinion polo. For
thu reasoa ave rccotmmnd Venturoni provide axbmce to
Design Wohshop and Sall in the question writing, survey
webdn 6osring, wrvey d'utribution, and survey malysis. The
surveys would also 6e provided in Spanis4
If thu additional wrvry option u approved, we anticipate
one wrvry to be Geld prior to the Large Gr«ry Meetivg(a)
vu the project wz6site and mat. The web and matt wrveys
wdl be crearcd with the ability m enwrc a low degree of
dupEpte couvb.
The tteps to crcat< this oprioml survey are:
• Cdlectbo oFporcntial survey questions Fran prior
susvcya msducted Fos Ayca and athm dot sssight usvc
a amodel (Vemumna
• Fovmslated questiom based ov the Eaittivg Cmditiom
Report, ]000 MCP Vision and Pohcisa and rcsulb of
srrnll group meetings (DW, Vevmrma
• Ove meeting with Siff to discws wrvry question
objectives svd themes ~W, Vrntumvi, S)
• Uevelopntent aFan ensail and mail tin. Thu will be
provided by Venturoni bused on recent prior surveys
cosducred for rbe City and County atd arty wpplmxnt
loss the Saffpsovidea
• Refinement oftbe quevionstairc (Vrnmroni, DW, S)
Tramlatiun m Spanish (DW)
Aapen Area Cssmmwity Aab Pnblic Ptacea I t2 I
PS1-971.doc Page 21
IIfiASB III -SMALL Tune Frame: September through Febnury 2008 DdivormMoc
GROUP IVI6BTING5 Maebnp apendu, pavapant
Small group engagement techniques wpl addav stmte of prowmatlon or Ma maacnp
the challenge ro creating qualiry ioteactiom identified in Iseiptdon tao6, Rah
the Pwjec[ Undebtndiog. The small group meetings will individtm4tW loadyatiae
provide the Eolbwing benefit: maatingavsiM the Latino
communq, down vallry
• A emrfoetaMe, cmvenieat, artd uasb'bk way of aU rsuidah, and argeyarM
community member to putidpate in this peoeaa. mating
Some individuda tttry («I intimidated by a IatHe group,
especially if they hen lac~rage or cvlntrd diBeremw.
Othm may feel that they won't really be heard m a
larg group. Still other may shy away from a situation
thu they (eel maybe °conteotioui'. Having small
groups thu aR hotnogemm we'll allow m ro taibr to
the veeds of that specific group (e-g., Imtguage. mobil-
ity. age InttR3l. engJge m IOCitnm fh!I aR famdla[
and CVtnfO[tble f[Ir th6' plm[]Ipnbr pr0<'Ide ss~icront
fvne for >0 patticipaab ro tie heard, earl cteue >o
<nviioenien[ for stuwdating exchange of idea without
contentieutnw.
• t:xatieg personal investissent iu the pudic partiapa-
ton process W< believe that engaging wrrwunuy
member w ilia way wdl open the door foe coauouniry
members ro feel welcomed and corsdorode paueipat-
iog wpublic pastiapazion pr«esses not ody now but
io the (um R. The nicmge we would want to convey u
thaz they aR marten of this corsurmniry and every-
one i inpitt mattm
• Creatistg bahittced irspst amd valtmrg the group's
irynt[. By rexhiog a broader population through ima0
e~P rneetivgs, we eomR that the Eeed~ck received u
balm«d and repracntative dthc lager popuation and
na a vocal wh:t of the cocmmuniry. Participwt need
to krow that their in
p
u
t mattes
..
,,
1
• BuBdmg 11pnn ~ PdLLT and visiom stalemtema it
the 2000 Aepam Atn Comity Plae and the
EXiSUtg C•OnIYUOOr [lp0lL I[ tt'IR }Ie h11pOIt]nt t0
help Participant understand and build upon the founda-
tion of existing policy/vision rtatenieiw avd Fxnting
Conditiom undenandiog.
• Digadmg ilia rhemRS the[ emerge from rte sttraB
group e~gemeub. M enottnom vahR o(the nnaB
group engagement n the opportuniry to hear ban
groups that aR probably fairly henwgenom and Ske-
minded, iswes/rhetne that tmy coogia with the inua/
illl
PS1-971.doc Page 22
thence oCother groups. Thu wtll allow for itkntifira-
tbn o(arcu dcodlict and ctxt~lmtent and ux thx
inComution to guid< value choices iv th< lar8<~oup
meetings.
Task 3.1 Strtall Group Muekiogs (DW, S, O'L) +,In,arpoaa;
The Small Group meetings ue intended ro esrgage a broad ~$°^"'~ aadkav ads
spectrum of comnuviry ttxmbets, epesific groups thss have O'°'"0OQ NJp1.ida
1vnited inwlvement iv the pace. and grorgn with unique ' "~'g °Yd `Aa'g 1O"tt`
perspectives that arc often unheard in a large group setMg. °N °A ar~nv'dd dads.
Mt+dT wput onto,
The Latino saammmnity, down valley rcudenb, and rue ~~ ~ng•/~
acrd weeunp rywr wrowaon
youth population wtll 6e gxe'Eseelly targeted for rngagement ai0 k du mPrnd6iliry rf
~ mutl BAP nrcctin~ 8«P+duc to rhea lurrimd <ngsgo- SLR
vxm m the past A wntaruu offow Drsign
Workdup tmw mei6re
I,ssivo Convnunity: The DW team will speak with ad@ pw+&Jaulimaon st
LalmO gtnlip teplef<NafNe3 and CAmmllmty ICade6 m fhe ~ Ladno Cvaaw4d'.
Aswdng Fosk Valky ro identify the appropriate methods ro 1]aav Va&y Feddnre, mrd
engage a reprcxnbuve group. We anti<rgte the Cdbwmg load f'O"11O1r'ry "T`a"gs'
cosrtmitmeab: Addifaul fadliuson
srafun kpaided man
• One day Cm peroml outtrxh ro invu<peopk to the ad6aard kovdy ran u
meeting (OZ. DW, wd S) 8sed in dr svyplesunW
' Meeuvg pxpwuon including meeting logincs, hand- dud8a. Otkm¢y it is
ouu, ulkmg porno, and factlitation (DW, OZ. S) sound der Sadf wV
• Threw mdl groups mcetingy om mullet iv sia with p,widr LLr addieerul
J,rvb'nam nrasrmy.
perosndiaed wvibtions (14201utticyunb) and the
other taco are loge format (40-SO partidpanb) one Adwnmd krypad nsk,mlogy
taking place in Aspen sad om down vatlry. Facdiration rapport u "°t Kgr,iaNJw err
of the teetings wig be provided by the DW Team with r~~ ~"g'.
Stiff rnavbeb in attendance (OZ, S, DW)
Chddtrn/Youth: The local schoob a~ youds otganiatiom
wtll be conncred ro identd'y opporttmitiea fm engaging
youth ddiffercnt age ranges. We mti-iparc the fotlowiug:
• Clasnoom diuuaion in mch xttitsgs u civic classes will
be conducted by Staff
• A large school event witl be cootdioated by Staff to
engage school andenb ro gather together. We anlicgarc
thu meeting ro 6c conduced sundady to the Large
Group meeting ub7iaag th< <lecbowe voting devixs
Down Valley Aesidenn: Srmg group meetngs witl be
hosted ro engage thox thss wroek in Aspen but commute
from Down Valley. We anticipate the Following:
' M«ting prcpantion including meeting logistics.
Aspen Area C<®mndry Plan Pnblic Process 11~ I
PS1-971.doc Page 23
handouts, mgdng pomp, and frdiution well be a,joint
effort oCDaign Wohnhop and Staff
• Two rrreerivgi wd16e 6eilitamd by bah Daign
Workshop ud Staff with avtkyu[ion of 100-150 people
in utcndance u these sneaingr.
Iv additio4 loal rommonity small gawp mee[ivgr well be
hoaxed to provide oppommiry fa Conned discuadom. Staff
well semi wt invmdom to Asprn neighhoehaod usoeiatiom.
technical experts, and key bueoem avd orgavmtion leaden.
Sewed meetings w21 be 6wted to allow for pasticWauts to
tthedule a tmre that works bat for them ro attend.
Deaigv Wokdrop wig lead the 6ciliotiov oC[hez vxetivgs
with Staff providing rapport fxdrtatiov oEthe small grorqu.
One-hurdred 6wn oC(ocdiadw will he provided by Design
Wotkrhop with ony additiood 6cHiruion weeds provided by
Staff.
Task 3.2 SruaD Group Meeemg Synt6ais (DW Uairw+blr.
S, OZ) Sma1 group mating sunmary
mono
The input of the mull group meetings grill be capmrcd by
phomgiaph, wutmv sumvvary provided by DW and Sod,
video, and participant wrinrn corrvnenu. Deaigo Wodt:hop
wrR wgea this mfotmadon and wodc to identify theara thx
emerge and indicatiom of value gal ruiov. As port of the
weekly cortmmoiratiom with Stag Derigp Workshop wi11
provide w rWdaro and hold a dircusuon. A ~ rnmw
oCall the Small Group meetingi wg1 be provided to Staff u
the easnpletion aCthe Smell Group rrratmgi.
PHASE IV: LARGE Time Fruu<: November 2008 through Febmary 2009 (DW,
GROUP MEETINGS S. Venmroni, dG)
The rash up ro the point, the public participation and
advertisement oCthe meetings will bwld up to thu most
vnposmvs event, else La.ge Group meetw®.
We propou two duplicate public rrrceriugs be held to rex6
a crowd that is avadahk during the vow period and owe
thu u avadaNe iv the evening. We anticipate two-hwr
mee[inga The rtree[irrgi are expected to involve 250 m 350
people each. We aasurro that spedfics of the approach and
techniques will be det<mrirrd and rcfioed bred on lmom
learned ban the 6m Cour phares of the project. We wits
provide an wrlive and descriptiana o(optiom we propose
Cor consideration regarding thh tweeting u Collowa:
I IS
Ddhronbles:
• Maadng hand-oub
• Koypad wrong
gwadomm~ in powar-
pdM
• Poww paim prwmation
• Ttlldng points autirr
• Maatirg logutiesmamo
• Karyad vatkrg nxdb and
amlyan
• MoaCrq aummaryd
inputtrom rho Mabouk
sosaans
PS1-971.doc Page 24
Break-om aenion
8rcakout seuions will slow Fo: msall gmttp dkr..~.i..n.
Dialog Y Impnnant In fht Ialgt gfOnp K[t10g IO CMOYIagt
sharing of points dview and valve. It ndgh[ be inrcttu-
ing ro do a "cwan" type fomnt in which kry iwes are
idend&d and gtouq can advocue for the position that they
support ov the ustse. PauiaipatW could travel atwtd the
mom to Burn to the ddfcrcm position being rcpcexvted.
['otlovving mdd be ekccovic voting m r« where the group
opinbn stands. We could evcv do a pre-caucw vote and
pou-nttcua vote avd sce iCa di6ercnce wu crcazcd. Thu
world slow us to addreu th<coostimevci« rryrcseurcd iv
the mull group ttt«dnga.
Kevmd Voting
The number dparticipavn avd feedback deuced dcitizen
tvakes the keypad vouvg devi«a a highly e8ecdve way
to upkgy reach a desired outcome Cor the arxetittgs. Thu
technology helps with due tmvagettten[, aoalyds, problem
sdvittg, deeuiov making. std eommuviotbn. We deunlx
a twge dpoaible tneam oCutiliaing the devices in order to
allow for additoval services ss • ,. We highly recam-
mevd the advaviced voting capabilities for their ability m
captivate an audience wd rcsdt in highly ivtdligevt std
sadly cmrtprcherdihle autcames.
Option 1: Bve /avl /otit~ Capa6t7itvs: Mueh Idce the Aspen
Core Values meetiogy the fotrttaz d the meeting would
ivclude a crier dgnesuon peed to the entire loge group
for ivstam feedback Shnple aaas conehdon oEresdu would
6e provided promptly. The results could thrn 6e avalymd
iv gtnter tiered fdlowwg the rrtceting. It n atstmted in
thu meeting option that Design Workshop would hwt the
vodttg sesdon with Sn6providivg technical support for the
keypad technoogy.
Option 2: Interrnrdwx /odng CapabiAdcs: ForcS« Cotssdting
her provided e¢heutation and [echttual sttppov for keypad
voting to Dnigv Workshop m the put FoteS« would
weigh w ov the efEeRivrnea of the gvestionmve for keypad
votivg bad on previon eaperieecea. FoaS« wartld forttu[
the pmenmtion m ept®itt i[ Coe caw cotrelauov avd
provide support for the keypad vaiug device stt rip and
itnpkmenuuoa Av additional 250 volivg devices could be
empbyed
Aapan Alta Commttdry Plan Pnblic Process I Ih I
aAutwtpdvn:
Cwveaan TV vig pm:de
d edm ~m+d'rg and rAing
um:asfn drc nee delta. DW.nO
arwd'Mr auA OaNwv T/
rtgmdi~ tM bgitda fafdndng
ad vdgF in sda4 St~'gardntg
for rd'eq. b addition a airing
an Cnoavb TV, dr raardiq
atilt 6e 6raadvrtan rMpgw
vdniu.
PS1-971.doc Page 25
Option 3: Adsmved Votir~ Capab7iues: Additional opabtl'-
ties for publr engagement heyotd snnple voting ro show
¢roupiagi of asponzs codd bt Provided thtwg6 additioml
vidoning utivitia devdaped and conducted by Foresee.
The utuude survey tegartling the vision and values could 6e
deviad into gosh and sptial ebjeetivn Imked ro City anti
County rnapa.
In the Large Gantp nv:etiogi we wdl build upon the policy
and visiom>bamenu m the 2000 AACP, the updated E>dtng
Cooditiom Reporo, and the' ^Group meetingi by.
• Providing an abbreviated ryvopsis oCthe previous pol-
iry/vidon sruetnenp and Exiuing Cooditiom Aepott in
th< invimrion and pce-meeting material to stazt ro ante
an awareness
• Use vinnl graphics co pream a aynopris of the pdiry/
vition snremmn and Ezhtiug Conditions Report
• Corte a "game show" involving gnestiom frpn the
Eaixirg Cond'amm Report at the Large Group mceung
to engage people in the Endingi
• Ask patticipann to respond ropolity/viswn nuemrnn
by deuriburg what those statemenb mem to them
petaotully
' Engaging w prwrity r+dcing cxcaun Irks, "Which
would 1 choou i('1 codd ody choose one...." dru
avgl 6dp ro rIluarate the balance between ehoius for
<uh getup. The voting devices could 6e uteri for thu
eaeccic
We inand ro engage all the nrget groups ideo[iEed in
paviom tasks m thu meeting ro wnfmn the importance
of invoharront oCthe entire wonmmity in decision mak-
ing. Special ucommdadom m aocorttplis6 this include
all presentation nutctiah provided in Spmirh and Design
Workshop tent ttmdaton m attendance to assht with
Imgvage dideronce.
Design Workshop wig load the presnntation and (arilitxion
of the retesting. St$wgl assist with she break-out sesvom
Fx¢itation.
1171
PS1-971.doc Page 26
PHASE V - Time Fmrm: Septanber 2005 though March 2009 (DW, S,
COMMUNITY EMPG)
PLAN DOCUMENT
CREATION Thu dornvwut h intended Cor ore by elected o(Ecia4
appointed Bmrds and Co®nisiom, City and County
Stag and the generel public. This divine audievice will he
considered m the foena[ v web v the style dwriting and
conttnt This docmneot u uddce avy pttvieus docwtttnt
in thu i[ it three-dmaeurioml and web-based. It will have
lido inm[ponted thaz will albw people m see video diq of
d<bxes, Small Group meetings wd inoereept inttrvinws. The
document well cocain hve livb m rdeten¢ urComution
within the docwrtem and on the web.
Tarok S.1 Ihafi Wilting (DW, S, EMPC)
Time Frame: November 2008 through mid-March 20(19
A poetion d'the MCP doatmrot w5I be developed
coocvrttndy with the previous Welts m order to reduce the
durnion of the schedule. I)nt[ writing and gen<xal For-
muting tasln [hat can be completed prior m receiving the
outcome of the public ficilintion meetings avi9 begin v
soon v reasonable v shown m the ivduded schedde.
The dotrur¢nt e¢arioo cdlabonrion proeev with Staff h
anticipated m he itenrive and evohtirrg. We have inclyded
a draft outline for the document 6ebw for two purpose.
One u for Snff m oe v a starting point in devebpiug a
draft outline. Second u m asses[ m the expfamtiou of how
[he 2000 MCP and the ficirting Condubns Report wi5 6e
utilized m this update.
I. Aclmowledgmenn
11. Table oFConttou
III. Executive Sum[uacy
a. What n th< Purpose oFthis %m?
b. Why Update the 1000 Plan?
c. How war the Updue Created?
d. Whv h New in thh Updatt? (reference the Exittiug
Corditiom Aepon sad public input pracev)
<. Suamury rd Topics
1 V. Hiuory of the Plan
>. 1993 Commrmiry Vhion
b. 2000 Update
c. Impem (oc the 1005 %w
V. Vision Cot the Aspen Are
Aspen Am Cammurdty %ao Public Psviceu I I8.1
DiraruMar
IMUrin nwwdacummtvi
ba prwidtd in Micraolt Ward
9r PDF fpmat
PS 1-971.doc Page 27
V1. Poliaa 8 Vision Sbtetrtetm (updated from 2000 baud
on public input):
Growth Mamgement
Affordable Rousting
rnosportatiov
Hurotic Pteaetvation
Economic Susainabdiry
Environmennl Susnimbdity
Padb and Open Space
$unaivivg the LiCelorg Asp<vite
Design QualuY
Suvtaiowg the Aspee Ida
Governance
Appendices
Existing Conditiam Report
Community Involvetrsrnt Ptocw Stmvmry
Commmaity Surveq tessdb
Large Group Meeting voting taWu
Task 5.2 Clwck-tins with tlw City asd Cotmty (S, Delivenblee:
DYE Design Workshop will propare
Time Frame: Ongoing metedeb lMM-aro, peeken,
egetde snd pweer Dtdntl in
drehlmm for SeMro refill
Iv order m gain imight and rapport Cor the panicipatim all format. 9afl and OW will
prncw and the fival pUn doconuru, eight meetivgr will be provide plea preaenbliam
conducted with the City/County throughout the AACP b the eAy ell eoutdy
Updau ptoress. The intent u to provide updxa on the grasps. Sbgwill aummsnu
project process and findings and agow for dncnvion of the meednga snd provide
broad policy goals. There will check-in uuetinga to the joivt reoommendetiam on how
gmmpa of: the mputhom these meeunge
ahouN 6e eddremed.
1. Planning wd Zoning Cammissiom, City Council, and
the 13ossd of Cwtuy Commisdonrn
2. Repmetuadva from the Ciry and Couary Community akawpdan:
Ai mmernn w„vr dr,rmord
Development Depattmenb, a weD v City and County dr4 a mlNwnm of sknx wrdn of
Mamgen and/or Depamneu[Heads oCrekvaot Imddmr adawdfa d'aprurm
deputmeots rlrr fnd draft dmmmr rr,Mniad.
These meetings will rake place ss project milenooa m
accomplu6 the fogowing objertiva:
October 2008: Ac thin point Phase I wig be wanplete
evil Phan II and III wig be u a mid-po;o. A briefing
of the delivrsabla of Tad's 1.7-1.6 wd16e provided
and a Ptesrnbtion of the Phase II and Phase III progtew.
December 2008: Completion oFPhase 11 and IfI; A
briefing oCthe deliverebles o(Phase II and IlI will be
I9
PS1-971.doc Page 28
provided and we wig provide >o upJme on the synthesis
of what was leaened in the initial public mgaganent and
vnll poop mcctingt. Phoc IV- Late: Getup Meeting
straoegia wig be d:. _ _ . The MCP dtaCt outline wdI
be prcrcnted giving same indication of the type of atfir-
tnation of iaares we wgl be looking for from the broader
community at the large getup mamga
Febnmry 2009: Completion oFPhar N: The trceting
rcvln will he prcmred and a draft of the MCP plan
will 6e provided (oc cormmnt.
Tuk 5.3 Final Draft AACP Doc[[[[[ent (S, DW) DeWertr6lr
Time Frame: Match 3009 Elsctrmic POFAACP
doeumaa
The commenb regarding the Drafr Docrmrat from the
groups lined w Tads 5.2 check-iv nxeti>tga will 6e collected
61 Staff avd vrtmmriad to provide Design Wodcshop with
reconunmdatiom Cor rcviuom
PI IASE V I -PLAN Time Fmme: April ?009
APPROVAL PROCESS
Stiff wi0 provide the Final Draft MCP Dotvmeot to the
decision-ttdcers in advmce oCa joint public heating. It u
anticynrcd that Gods the Board aFCourLLy Cormniaiooen
and the City Couail will each pan tb<rt own n:sdutions
adopting [6e Aspen Aro Cormmuoity P6n.
Tuk 6.1 Joint Ptablic Haariug (DW, S)
Ooe joint public hearing wdl 6e 6cld before the City
Conned and Board of County Connniuiooen. The Design
Wodnhap Team will present the donmseet in in Fiml Foes.
Additimal rrrcetinp <vr~ be provided as additional smites.
Tuk 6.4 Drag Reaolotdarm (EMPG, S)
EMPG wdl wodc wrt6 Stiff and draft two resolutions for
coosidention hS' both the Cuy Courcd and the Boad of
County Cortvniaionm.
Tak 6.3 Final Plm Dratted (DW, S)
Self will provide a do~mno[ identifying the mirror
change directed by the City Canned and Board of Comty
Commedonen tint shodd be incotponrcd in the plan.
Design Woduhop anticipates tweo[Y-si< (26) Lours for
dvcrmrent and gsaphio revisiam.
Aspen Atea Cammttdry Plan Pnblic Protean I za I
DaWtaaWu:
• Fnal Otah Bocummrcin
PBF and Adobe Program
lommt
• Power POiM Presama6an
summadtrq the
docranaM
PSI-971.doc Page 29
PHA$E ~1: PLAN Time Fame: April 2009 Divarahlw:
$HARINC Wa6 pM Iocumxa
The media play will mrplemevt the bmadorting of the fml *Anumpaans: Pape nepvdao-
doaanevt avadabdiry. The fival plan wiL be provided ov the tbrv fa diYnbadm will de
pcojat webuoe and the City/County webute m PDF (Duna[ protddee by Uu City/Cwnry.
apprvpm[e for web viewing. Advertisement oCthe final phm
wdl oche is local ttrwtpapen, tdevirioa mtiottf, aad tadto.
Paper copin will be made avalable to local hbtatin, uty
hall, etc. For throe who do trot have ivteme[ uua
1211
PS1-971.doc Page 30
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We see no reason to deviate from the schedule outlined in
the RFP.The timing of events and activities occur at appro-
priate times snd durations. We provide the following chart
to clarify our proposed time frames for tasks.
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PS1-971.doc Page 31
EXHIBIT "B" to Professional Services Agreement Rate Schedule
Task Fes
WM8Rkt1~o-tbM~etatf~Rl~
,. ~ 7bW fQ4;700
Task 1.7 Pro act Ktokoff Meeti x,700
Task 1.2 Project Mane Bn1eM (10,800
Task 1.3 Data Collection and
Communications Plan (7,700
Task 1.4 Media and ndvsrosemem Plan f6,000
Task 1.6 Pro'ect Brandin f8,000
Teak 1.6 WeMRe Develo ant (27,600
RtwF.Cpmtnudt`t4ueRitiWasn TataFf27a00
Task 211nterce Imerviews (12,100
Tgsk 2.2 S esker Series (11,500
Task 2.3 Questionnaire Development (4,100
Pp4s9.~8teM~ ToWf80,ZW1
Task 3.1 Small Group Maatin a (31,600
Taek 3.2 Small Group Meeting
Symhesis f8,700
P6aM.M, LnYe titaq MMMnpq..: :161100
PIIar1F. Pkia DamtoeM TodMV1
Task 6.1 DraRWriti f19,700
Task 6.2 Check-ins with the C' /Cou (6,700
Taek 6.3 Final Drag Wrfte•u (9,500
PItwN:Plaw Rloean - TtRalf7.
Task 6.1 Joim Public Heari 50.900
Task Q2 Draft Resolution S70o
Task 6.3 Final Plen Drafted 51,900
Pfiee~VlkPlixt Ta1df500
Esiimated Reimburaade Expenses 520.000
Media and Meeting Space Estimated
Ex mea 53&000
n.P.o nr.. c~~:~ tv.. wslr n«... xe
PS1-971.doc Page 32
Reimbetsable Expenses Estimate
Fees Estimate
Printing Internal consultant use and communication with the
client 54,000
Meeting exhibit boards 54,000
Travel/Meals/
Lodging EMPG: S trips
Venturoni: 1 trip
4C: 2 trips
OZ: 5 tri 511,500
TOTAL 520,000
TRAVEL EXPENSES
DW and P W are located within Aspen and will no[ inctx travel expenses for meetings
within the City. Attendance of meetings down-valley may incur minimal travel expenses.
Trave(expenses to meetings will be incttrred by EIviP(j, OZ, Venturoni, and 4C ffi the ap-
proximffierate per trip of:
Stammer trips $650 approx.
Wimer trips 51,000 approx.
REIIvIDURSAI3LE EXPENSES
lieimbtusabtc Expemes use N addition [o compensation For Basic Services. Reimbursable expenses incurred by Design
Workshop and consultants directty tetated m the project such a, buc not limited to, tnvel, phocognphy, telephone chazges,
video conference charges, and prin[irtg expenses shall be billed at Design Workshop's con plus 15%. The reimbunabk
expenses (ar [hu project are not anticipated to exceed fx,000.
Mtxiia and Meeting Estimated Expenses
Fees Estimate
Radio- KSNO 60 radio spots 5500
Newspaper 50 advertisements and a special insert 515,000
Grassroots 4 hours of filming and 3 hours of edking for the inter- 56,600
cept interviews
8 hours of filming with IighUsound and multiple cam-
eras for the large group meeting,
10 hours of work on digital graphics, and
26 hours of editi for the tar a meetin .
Space rental for large 2 large group meetings 510,000
blic meetin s
TOTAL 538,000
1291
PS1-971.doc Page 33
Recommended Additional Services
Task Supplemental Fees
Estimated
Task 1.6 Website Develo ment
Interactive Maps $2,000
Task 2.3 Public Surv 575,000
Task 2.3 Public Survey Phone Interviews $6,000
Phsae IV: Large Group Meetings
Option 2: Intermediate Voting Capabilities $4,000
O ion 3: Advanced Votin Ca abilities $14,000
TOTAL $27,000 to $37,000
Aspen Area C®mutury PIanPublic Pcoceu I w I.
PS1-971.dce Page 34
Additional time requested by the Client beyond those specified in this scope
will be incurred at the following rates:
Conaukant Hourl Rate
DW Principal-In-Char a E175
DW Pro'ed Mana er E710
DW Project Planner/AssistanUGraphic Design E7b•100
DW Intern E55.75
DW GIS Specialist 1110
EMPG 5160
Venturoni Surve E150
4C 5700
OZ 5166
PW E70-160
Addtioml experues mey be incrrred from Webhostmg aril mevrterrvrca moro IFmr one yam N dustier.
A project that excce~ the proposed schedule mey roar adlhieml expenses far Project Management
I ttl ~
PS1-971.doc Page 35
Attachment A
Contract Provisions
1. All fees, commissions, and expenses billed shall be due within thirty (30) days of the date of billing. Interest on
unpaid or late bills shall accrue at 1 3/4 percent interest per month (21.0%A. P.R.). Inthe event of non-payment, such
unpaid amounts shall constitute and become a lien upon the property for which professional services are being
performed or completed. Design Workshop may, at its discretion, assert its right to file and foreclose upon such lien,
in addition to pursuing any other remedies permitted by law. Client agrees that all statements not objected to in
writing within thirty (30) days of receipt are agreed to be final and binding upon the parties as to the amounts due, the
adequacy of Design Workshop's performance, and the value of the services provided to Client.
2. When any invoice is outstanding and unpaid thirty (30) days after the date of billing, Design Workshop may, at its
discretion, stop work on the project. In addition, when any invoice is outstanding and unpaid ninety (90) days after
the date of billing, Design Workshop may withdraw from any governmental agency review process any applications,
drawings, submittals or other project documents reflecting Design Workshop's services. No notice of Design
Workshop's intent to stop work or to withdraw from any governmental review process shall be required. Client
forever releases, discharges and holds Design Workshop harmless from any and all liability arising out of Design
Workshop's withdrawal of any applications, drawings, submittals or other project documents. Client shall fully
indemnify, defend, and hold harmless Design Workshop against any and all claims for liability asserted by any project
participant for any action taken by Design Workshop under this paragraph.
3. If the project is suspended or abandoned, in whole or in part, for a period of ninety (90) dales ofrffpre,,or upon
instruction by Client to Design Workshop to suspend activity on the project, Design Worksh~j sF~ll be Epm~nsated
for all services performed together with all reimbursable expenses due and the Agree n~~~hall i1e deemed
terminated. If the project is resumed after such suspension, the Agreement between C~qt- d f9ssigti Workshop
shall be renegotiated prior to resumption of services by Design Workshop Such renegoti~on s' ,II include a fee for
remobilization costs incurred by Design Workshop. In the event that. this Agreet ~i~,tentiinated due to the
suspension or abandonment of the project, Client shall make full paymentip AW for all compensation due hereunder
within 30 days of receipt of a final invoice from DW. For purposes of tilisAgreemeM`, the tens "suspension" or
"abandonment" shall mean substantial discontinuance of labor, services, and Expenses for a ninety (90) day period or
written instruction by Client to suspend substantially all prefect agtivities
4. Design Workshop reserves the right to raise. hour'ly,~ratgs at its own discretion during the course of this project. Any
such increases, however, will not result `in an inclee~E in'the total fees identifed in this proposal unless specific
services are being provided on a timeand materalsbasis.
Drawings and specifications including those''m?¢ledronic form, prepared by Design Workshop are the Instruments of
Service for use solely witfl respectto thisproieet. Design Workshop shall be deemed the author and owner of their
Instruments of Serf/ice` land shaN;retain all cdmmon law, statutory, and other rights, including copyrights.
Design Workshop grsntsthe£lient anonexclusive license to reproduce Design Workshop's Instruments of Service
solely for fhe purpos65 of constructing, using and maintaining this project, provided that Client shall comply with all
obl'~ations, inoluding'prompt payment of all sums when due, under this Agreement. The Client shall be permitted to
retain copies,3int'~iitYing reproducible copies of drawings and specifications for information and reference in
wnneclion'witM1the Client's use and occupancy of the project. The Client shall be permitted to authorize its
contractors, subcontractors and material suppliers to reproduce applicable portions of the Instruments of Service
appropriate to and for use in the execution of this project. The drawings and specifications shall not be used by the
Client on another project ,except by agreement in writing between Design Workshop and Client.
Any unauthorized use of the Instruments of Service without Design Workshop's consent shall be at the Client's sole
risk and without liability to Design Workshop. The Client shall indemnify and hold harmless Design Workshop, and
Design Workshop's subcensultanls from and against claims, damages, losses and expenses, including, but not
limited to payment of attorney's fees, arising out of unauthorized use of the Instruments of Service that are part of
this project.
Design Workshop shall not be responsible or liable for any direct, actual or consequential damages which occur as
the result of its inability to produce the Instruments of Service by reason of the casualty, destruction or loss of
documents that occurs through no fault of Design Workshop.
6. Should the project be published in a book, magazine, newspaper, or publication for public circulation, or if a job sign
is erected, Design Workshop should be listed as the planner/landscape architect. In addition, this Agreement
represents non-exclusive approval by the Client for publication and award submissions of the project by Design
Workshop.
DESIGNWORKSHOP (Turn Page)
7. The parties agree not to solicit for employment any employee of the other with whom the parties have had contact as
a result of this Agreement, while the candidate is employed by the other party, and for twelve (12) months following
termination of such employment, unless specifcally agreed to in writing.
8. In the event of a default of any provision of this Agreement, after ten (10) days notice to cure is delivered, this
Agreement may be deemed terminated by the non-defaulting party. For purpose hereof, any failure to pay sums due
in accordance with Paragraph 1 shall be deemed default. Either party may terminate this Agreement for convenience
and without cause upon thirty (30) days written notice by either party. If Client terminates this Agreement for
convenience, DW shall be compensated for Services performed prior to termination, together with reimbursable
expenses then due.
9. Design Workshop and Client waive consequential damages for claims, disputes or other matters in question arising
out of or relating to the Agreement. This mutual waiver is applicable, without limitation, to all consequential damages
due to either party's termination in accordance with Paragraph 8.
10. All notices and other communications that are required or permitted to be given to the parties under this Agreement
shall be suffcient in all respects if given in writing and delivered in person, by electronic mail, by telecopy, by
overnight courier, or by certified mail, postage prepaid, return receipt requested, to the receiving party at the following
address:
If to DW: Design Workshop, Inc. '
attention:
Telephone:
Facsimile: '
If to Client
Attention:
Telephone: ?:
Facsimiles
or to such other address as suph„Party mad have given'to the other by notice pursuant to this Section. Notice shall
be deemed given on the da`of tlelivery,'ihahe case of personal delivery, electronic mail, or telecopy, or on the
delivery or refusal date, spEcifiedon tfle retum receipt in the case of certifed mail or on the tracking report in the
case of ovemight courier.'r
11. If any provision of this A~t'eehlenl is for any reason held invalid or unenforceable, such provision shall be deemed
separate and shall notaffed the validity of the remaining portions herein.
12. This Agreement stlall be binding upon the parties, their partners, successors, assigns, and legal representatives.
Client shall not assign this Agreement without the consent of DW.
13. This Agreement may be amended or modified only by written instrument executed by both parties.
13. This Agreement (together with the attached Exhibits, which are incorporated herein by this reference) constitutes the
entire agreement between the parties and supersedes prior understandings, written or oral. No waiver under this
Agreement shall be valid unless it is given in writing and duly executed by the party to be charged therewith.
14. This Agreement shall be governed by the Laws of the State of Colorado. The parties agree that venue for any dispute
between them arising out of or relating to this Agreement shall be in the City and County of Denver, Stale of
Colorado.
15. In construing this Agreement, (i) the singular includes the plural and vice versa, (ii) reference to any document means
such document as amended from time to time, (iii) "include" or "including" means including without limiting the
generality of any description preceding such term, (iv) the word "or' is not exclusive, and (v) references to this
Agreement or Sections or paragraphs of this Agreement refer to this entire Agreement including all exhibits,
schedules, and Addendum attached hereto, as the same may be amended from time to time.
Other conditions
(Insert additions and modifications to the Standard Contract Provisions.)
DESIGNWORKSHOP
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Ben Gagnon, Special Projects Planner ~~
THROUGH: Chris Bendon, Director, Community Development
DATE OF MEMO: June 2, 2008
MEETING DATE: June 9, 2008
VI b
RE: Contract for Aspen Economy "White Paper"
Resolution No. ~~, Series of 2008
REQUEST of COUNCIL: Staff recommends that City Council approve this contract.
PREVIOUS ACTION BY COUNCIL: At a work session on May 5, Council indicated its
support for producing the Aspen Economy White Paper at the contract price of $60,000.
SUMMARY: As part of an information gathering effort prior to the revision of the Aspen
Area Community Plan (AACP), the City of Aspen is seeking a report on the History of
the Aspen Area Economy.
The underlying intent of this report is to educate the public with regazd to the unique
economy in the Aspen Area, the underlying drivers of that economy with regazd to
sources of capital and related demographic trends and projections for the future.
The report will review and examine the foundational elements of Aspen's economy
during the modern resort era, including the underlying causes of several periods of
intense economic activity in the late 1970s, mid-late 1980s, the mid- to late-1990s and in
the current decade.
The report will outline the growth trends of distinct industries during this period,
including the skiing industry, accommodations, retail, services, arts/entertainment
construction & real estate. The report will focus on the period of time when the dominant
economic sector shifted to real estate and construction, exploring the causes of this shift
and the drivers behind the continuing strong performance of this economic sector.
The report will draw upon historical trends, demographic trends, comparisons in the
resort industry, correlations with national economic indicators, shifts in federal policies,
origins of capital and other relevant information.
The report will seek to provide anacademic-style analysis of the Aspen market and
economy, including but certainly not limited to the degree to which the Aspen economy
may be "immune" to national economic trends. The report will conclude with projections
regazding future economic and demographic trends. The report will be written using
terminology that is accessible to the general reader, while also providing an appendix of
detailed information.
The vendor will rely on data gathered by the City or gathered through vendors of the
City, as well as vendor's information and experience with regard to the resort industry
and national economy.
FINANCIALBUDGET IMPACTS: Staff is confident that the existing budget will
cover all costs for the AACP update, ranging from the Existing Conditions Report to the
entire public process. However, the current budgeted amount does not include funds for
this report. The attached contract is a "not to exceed" contract, set at $60,000.
Council will need to approve a supplemental appropriation, taking the required amount
from the General Fund ending balance and appropriating it to the Community
Development Department.
RECOMMENDED ACTION: Staff recommends approval of this contract.
PROPOSED MOTION: "I move to approve Resolution # JET ."
CITY MANAGER COMME TS: ~1 ~'~'~tt'`~
- by Ce,c*.~-~.,v
GP y-
RESOLUTION #~
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY
OF ASPEN, COLORADO, AND SETTING FORTH THE TERMS AND
CONDITIONS REGARDING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Economics Research Associates,
a copy of which contract is annexed 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 that
contract between the City of Aspen, Colorado, and Economics Research
Associates regarding the "Aspen Economy White Paper" 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:
Michael C. Ireland, Mayor
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 on the
day of
Kathryn S. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Economics Reseazch Associates, ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Professional shall commence work immediately upon receipt of a
written Notice to Proceed from the City and complete all phases of the Scope of Work as
expedifiously as is consistent with professional skill and caze 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 September 21, 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.
3. Pia ment. 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 $60,000 . 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.
4. 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 may be due to any sub-contractor.
5. Termination. The Professional or the City may terminate 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 termination, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, reports or other material prepazed by the Professional
pursuant to this Agreement shall become the property of the City. Notwithstanding the above,
Professional shall not be relieved of any liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Professional, and the City may withhold any
payments to the Professional for the purposes of set-off until such time as the exact amount of
damages due the City from the Professional may be determined.
6. Covenant A¢alnst 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 awazd or making of this contract.
7. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work 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, aze available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or aze in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to
provide 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
PSI-971.doc Page 2
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procared 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 FNE HUNDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - policy limit, and FNE 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 pazagraph.
(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
PS1-971.doc Page 3
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and 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.
(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 occunence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Shazing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual aze kept at the City of Aspen
Finance Department and aze available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
PS 1-971.doc Page 4
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there aze no verbal or
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City:
Steve Barwick
City Manager
City of Aspen
130 South Galena Street
Aspen CO 81611
Professional:
Richazd E. Stan
Senior Vice President
20 East Jackson Blvd. Suite 1200
Chicago IL 60604
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waives 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
forbeazance or indulgence.
15. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. 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. Puroose. 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.
PS1-971.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) calendaz 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
anew 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
PS1-971.doc Page 7
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal
law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
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, 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 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.
PS1-971.doc Page 8
[SIGNATURES ON FOLLOWING PAGE]
ATTESTED BY: CITY OF ASPEN, COLORADO:
PROFESSIONAL:
WITNESSED BY: Richazd E. Starr
By:
Title: City Manager
Date:
By:
Title: Senior Vice President /ERA
Date:
PS1-971.doc Page 9
EXHIBIT "A" to Professional Services Agreement
Scope of Work
The underlying intent of this report is to educate the public with regazd to the unique economy in
the Aspen Area, the underlying drivers of that economy with regard to sources of capital and the
related demographic trends.
The report will review and examine the foundational elements of Aspen's economy during the
modern resort era, including the underlying causes of several periods of intense economic
activity in the late 1970s, mid-late 1980s, the mid- to late-1990s and in the current decade.
The report will outline the growth trends of distinct industries during this period, including the
skiing industry, accommodations, retail, services, arts/entertainment construction & real estate.
The report will focus on the period of time when the dominant economic sector shifted to real
estate and construction, exploring the causes of this shift and the drivers behind the continuing
strong performance of this economic sector.
The report will draw upon historical trends, demographic trends, compazisons in the resort
industry, correlations with national economic indicators, shifts in federal policies, origins of
capital and other relevant information. The report will seek to provide anacademic-style analysis
of the Aspen mazket and economy, including but certainly not limited to the degree to which the
Aspen economy may be "immune" to national economic trends. The report will conclude with
projections regarding future economic and demographic trends.
The vendor will rely on data gathered by the City or gathered through vendors of the City, as well
as vendor's information and experience with regard to the resort industry and national economy.
PS1-971.doc Page 11
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
Contract not to exceed $60,000
PSI-971.doc Page 12
vac.
MEMORANDUM
TO: Mayor and City Council
FROM: Don Taylor, Director of Finance and Administrative Services
THRU: Steve Barwick, City Manager
DATE OF MEMO: May 29`h, 2008
MEETING DATE: June 9`", 2008
RE: Contract Approval, Fee Study for Planning, Building Permit and
Inspection Fees
REQUEST OF COUNCIL: Staff requests that city Council approve a contract with Maximus
Inc., for cost analysis and fee schedule development for planning, building permit, and building
inspection fees.
BACKGROUND: The 2008 revenue forecast for planning, building permit and building
inspection fees was made based on the assumption that a new fee schedule for these fees would
be developed and that full cost recovery would be made for these services. The City has
advertised and Request for Proposal to complete this work and an acceptable proposal has been
received. This project is a joint project with Pitkin County and they will pay for $32,000 and the
city will pay $24,000 of the costs.
DISCUSSION: Governmental entities aze allowed to charge fees for services that it provides.
Fees need to have a rational nexus to the cost of providing the service and often, studies aze
conducted to assure that this nexus to the cost is well established. Fees that aze too low may
result in subsidized services and fees that aze too high may be challenged as to creating an
unauthorized tax.
The city received three bids to perform this work as follows.
Maximus $56,160
MGT 39,630
Billingsley and Assoc. 13,650
The work entails detailed research of each of the services provided for which we chazge a fee as
it relates to Planning, building permits and Building inspections. Time and materials are
accounted for each task and appropriate overhead is allocated. They will also evaluate how the
costs vary based on the different parameters of providing the service, such as the size of a
Page I of 2
structure, development and so on. They will then develop a fee schedule that will match the costs
of providing the service.
The work group that evaluated the bids found significant differences in proposed approaches to
complete the work. The Maximus proposal included extensive interview sessions with staff to
develop the actual time and materials necessary for each type of permit or inspection that is
issued or conducted. Other proponents offered an approach where forms would be left for staff
to complete the field work related to collecting the necessary cost information. There was a
concern by all that this would drag out the process to the detriment of the fee implementation
schedule. For this reason Maximus is the recommendation of the selection team. It was felt that
timely completion of the study would more than offset the cost difference. Maximus also had a
slight edge in the other evaluation criteria over MGT. The selection team did not feel that the
Billingsley proposal was a responsive bid and would not recommend that proposal.
FINANCIAL/BUDGET IMPACTS: The cost of this study will be $56,160, of which the City
will pay $24,000. It is expected that the cost of this study will be quickly recouped from a
revised fee schedule that more accurately recovers costs.
ENVIRONMENTAL IMPACTS: None
RECOMMENDED ACTION: Staff recommends approval of the contract with Maximus.
ALTERNATIVES: An alternative to selecting Maximus would be to select MGT and be
prepared to do more of the data collection in house and allow a longer time frame for completion.
A second alternative would be to reject all bids and either continue with the existing fee
schedule, or re-advertise for new proposals.
PROPOSED MOTION: I move to approve the resolution authorizing the City to enter into a
contract with Maximus Inc. for fee deve/l/opment services.
CITY MANAGER COMMENTS: ~^~ o-,O~NZI~a-c'_
ATTACHMENTS:
Resolution authorizing the City to enter into a contract with Maximus Inc. for fee development
services.
Page 2 of 2
RESOLUTION #
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND MAXIMUS FINANCIAL SERVICES, INC.
SETTING FORTH THE TERMS AND CONDITIONS REGARDING FEE
STUDY FOR PLANNING, BUILDING PERMITS, AND INSPECTION FEES
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Maximus Financial Services, Inc., a
copy of which contract is annexed 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 that contract
between the City of Aspen, Colorado, and Maximus Financial Services, Inc.
regarding fee study for planning, building permits, and inspection fees 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:
Michael C. Ireland, Mayor
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 June 9, 2008.
Kathryn S. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and MAXIMUS FINANCIAL SERICES, INC., ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scone of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Professional shall commence work immediately upon receipt of a
written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work in
a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed
no later than August 31, 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.
3. Payment. In consideration of the work performed, City shall pay Professional on a
time and expense basis for all work performed. The hourly rates for work performed by Professional
shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise
mutually agreed to by the parties the payments made to Professional shall not initially exceed
$56,160.00. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the
matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this 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 may be due to any sub-contractor.
5. Termination. The Professional or the City may ternunate this Agreement, without
specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying
the effective date of the termination. No fees shall be earned after the effective date of the
termination. Upon any termination, all finished or unfinished documents, data, studies, surveys,
PS1-971.doc Page 1
drawings, maps, models, photographs, reports or other material prepazed 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 maybe determined.
6. Covenant Against Confineent 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.
7. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance and
unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and shall
assume full responsibility for payment of all federal, state and local taxes or contributions imposed
or required under unemployment insurance, social security and income tax law, with respect to
Professional and/or Professional's employees engaged in the performance of the services agreed to
herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part
by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional,
any subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor of
the Professional. The Professional agrees to investigate, handle, respond to, and to provide 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
PS1-971.doc Page 2
in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the
City shall reimburse the Professional for the portion of the judgment attributable to such act,
omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall
be in addition to any other insurance requirements imposed by this conhact 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,OOQ00-
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.
PS1-971.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, conditions, and minimum
limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify this contract and shall provide that the coverages afforded under the policies shall not be
canceled, terminated or materially changed 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 temrinate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all premiums
in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon
demand, or City may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and aze 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.
PS1-971.doc Page 4
11. Comnleteness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered 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:
Anita White
Maximus Inc.
10200 E. Girazd Avenue, Building B
Suite, 223
Denver, CO 80231
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
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 forbeazance or
indulgence.
15. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101.
a. Pumose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
PS1-971.doc Page 5
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.
(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
PS1-971.doc Page 6
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 arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
PS1-971.doc Page 7
States or otherwise lawfully present in the United States pursuant to federal
law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
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, terminated or amended, waived,
superseded or extended except by appropriate written inshument 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
]imitations 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]
ATTESTED BY: CITY OF ASPEN, COLORADO:
PS1-971.doc Page 8
WITNESSED BY:
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PROFESSIONAL:
MAJQMLJS, INC.
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PS1-971.doc Page 9
_._ _ __
EXHIBIT "A" to Professional Services Agreement
Scope of Work
City of Aspenl7itkin County
Planning, Building, and Health Pee Study MAxIMUS
raaxaaus' work plans have been roflrred over dme to ensure Mat our clients reafve
tnoducta that aro accurate, reliable, and defensible. ^AXIMUS Wlor ks work Nana
to produce exoeptidnal products according to each dlenYs uni-jt ue needs. -
Presented below are [he specific work plans and activities associated with Me
User Fce Study. Following the presenWion of the work plan, there is a project
scbcclWe shat shows the individual elements and assaciatW time frames of Mc
work plan.
PROJECT APPROACH
MAXlMUS has identified seven critical (asks to a successfW User Fee Study. We
follow rhea teaks to ensure a quality urvice. The following tasks will be
perfomted for each fee; however, task 5 focuses on reviewing the time associated
with building fees mtd is generally based upon moving from valuation-based fens
tc time-based feu. tf the CitylCnunty do not wish this task to be conducted, wa
have separated out the task and associated budget. For the Environmental HcaIM
fees,-Task S will not be rwrfarmcd.
^ Tnsk 1: Initiate projwt and detwmine which fees will be includrd and
excluded from the study.
^ "Pack 2: Work wiW CitylCuunty scoff to project esdmeted work load
(permits, dcvclopmcnt, etc.) for next 4 years and potential-related cost
lI1CfCaaCa
^ Tesk 3 Build the new fee models into which data will later be populated.
^ Task 4: Input and analyze the data, including budgets, time, and volumes.
These three prinury data items aro uuntial to all of the models.
^ Task 5 (optional--based upon moving from valuatlon-based fees): For
Building fees, conduct a fee compazison analysis to determine whether the
rosults of the City's/Cnumy's models roRect approximately the same amount
of time as thou in otherjurisdictions. Should they differ, idomify
explanations.
^ Task 6: Conduct iterative reviews of the data models to claure that the data
are reasonable, balanced, and without gape.
^ Task 7: Prepare and present the final report to the City/County.
Each of rhea seven tasks is desertbed in mom detail below.
TASK 1: INRIATE THE PROJECT
Specific tasks we idattified as critical to initiating a successful project aze:
^ Fstablish, verify, and confine the scope of the project.
^ Meet with departmental leadership in person, in conference calls, and/or on-
line conferences to identify and review operational, policy, and financial
issues that may result from the project.
PaceM
PS1-971.doc Page 10
City of Aspen/Pitkin County
Planning. Building. and Health Fee
^ Gather buvic financial date such as budgets, organization charts, position
listings, revenue reports, data mquirod ro forecast future work load and
resource mquiremrnts, and current fee schedules.
" TASK Z: DEVELOP FORECASTS OF WORK LOAD DATA (BUILDING
PERMITS, DEVELOPMENT, ETC) AND ASSOCIATED RESOURCE
REQUIREMENTS
1o collaborative work sessions, our economist will work with City/County stiff
to determine issues to 6a incduded in forecasting work load for the Warn 4 years.
This will includeasussroenu of the impacts of both national and local aconomie
issues (we recognize that lritkin County/Aspen have unique characteristics flue
require a greater emphasis upon local economic cossditions). We will develop
growth models which will ba reviewed with City/County smflf for consisttncy
" - with their own assumptions about growth, along with methats.for periodic
review for assumption/rmtdel updates. We assume that the County Boas wish to
have this forecast prepued or Environmental Ilealdt fees.
TASK 3: BUILD THE OPERATIONAL COSTING MODEL
In. highly collaborative work sessions, MAXIMUS will work with City /County
staff and leadership to identify end define thou work processes that product
" . City/County services. With all departments included in this fee study, MAX1MeiS
will facilitate a pmcese that identifies mission critical processes, and we will
' then define those processes by dte actividas and tasks that support them. One
crirital dij(erenliaror abou!!6e MAXIb117Sapproach it drat GS-75%of the data
- to!leclion wit! be doxa onsite. H'e do not fx/iere in passing vuf wnrksheers to La
corxpleted at a later date by slgQ: During this Task ,specific steps include:
^ Identify the tore busintss proctsses far the specific department being
reviewtd.
^ DtSne tech business process to the work tasks aad activities Urst are
required.
^ Review and restructure fee ubcdules, as required.
^ Ikvetop time est3matcs by process and by urvece category (tea).
^ Retryest armuel volume data for each servile category.
^ Consider impacts of forcoast work load and reuurce data
TASK 4: DATA INPUT AND ANALYSIS
This third step involves inputting expense, time, and volume data into our
modeling software for each DepertmenL While City stuff are asked to provide
volume and curront fee )eves data, MAXtMUS staff input this data inm the model
otf site, With all initial data in the model, MAXIMUS staff begia ro perform the
.. fa analysis. Specific activities includt:
^ Calculating Productive hourly Rates.
Page 25
PSI-971.doc Page 11
City of Aspen/Pitkin County
Planning. Building, and Health Fae
^ Reviewing sonrce data, including the City'slConnty's Cost AUocation Plans.
^ Producing a gap anatysis at three levels:
^ Total hours available vs. total honrs assigned.
^ Total revemre pmjected vs. total project costs-
^ Total resource requirements nver next four years vs. cumn[
requimmems and estimated costs
Ae necessary, MAXIMUS slab will work with City/Coanty staff to msolve any
gaps, missing dale, or other inconsistencies.
TASK 5: REVIEW TIME DATA TO MA%IMUS DATABASE
MAXIMUS has ban supponiag govemrnents for aver 30 years. From these
atudi~, MAXIMUS has generated an extensive database of the actual time and
costing inputs. The graph below shows a sampling of those dam comparisons for
Building plan check and inspation times.
MAXIMUS compares Oto City's/Counip's costing inputs (typically, time
estimates) against a universe of comparable jurisdictions. Should the
City'slCounh,•'s time inputs vary significantly fmm those of otherjurisdictions,
MAXIMUS will work with the City/County m help identify possible explanations
(e.g., long drive times, pcrfonnance standards, etc.).
TASKt3: ITERATIVE REVIEWS AND QUALITY ASSURANCE
Assuring the qualify and the accuracy of calculations am critical to a defensible
set of fees, and ease the final implemenmtion of those fees. Wo hold format
revimvs of dam and results to develop defensible fees. Those mviaws include
pUALITY front line staff and divisioddeparhncnt managers. Specific tasks ihal compcise
ASSURANCE this step are;
- Queliy Input = ^ Confirm the accuracy of core data.
quelay output.
Therefore, menage
1ne Input.
Raga 24
PS1-971.doc Page 12
City of Aspen/Pitkin County
Pianning, Building, and He;
^ Balanee toast time available with total time that has been assign6d.
^ Balance cost. with revenues.
^ Departmental sign off that the costing model is an aorumte reflation of
current reality and exported changes for the next four years.
TASK 7: DELIVERY AND PRESENTATION OF FINAL REPORTS
Once the City/County have reviewed the results of the fce study, MAXIMUS will
prepare and deliverto them a comprehensiva report (in both paper and alatronic
form). We will also make a presentation of the results w the City Council artd
the Board of CounTy Cownissioners. onions of tables and graphs from our final
reports are provided below:
i
Pt!
Numb4f
, 04, 4 r
Fee N4m4
".Y,..
^
,~Unk-. z
.Total COST . .. a
'. o
CurtentFA! u
.'t3a9dBrl~ "
PlrDna'
PL1 ~
A 3 .48
PL1 kl~h,~akiy,_ a 3148fi].64 060.00 12797.54
PL 3
__ A ConOiGOrW Use Psnnib
---~~ Par Inua,xa 117.& t 70.
PL ~ itml9n ViMnee F'er lafuence 7798.99 1413. 32a.
n s Per l nro 36 305: _ 510.00 54 795.39
PL B hdnin Lkmcions P 3198.00 32159.79
rLt P,61 Fle ~ CalealMiai Ube rNrceU TBM
' 19021.79 31,d~ sta,6ot,79
rta r,ml' vanvKe 9 aM ata9r2.s7 tm.m s9esz.7
P_L9 _ Iz i pe M 8M 19 7.79 000.00 2502119
_
PL 10 „ ~ PuaAC Reann9 Exlmwna .~_~._--
- -- o!e~.L.T$M1 ~ 0 , 4
PL1 ANn Oe 'r 38,_,65_1.33 32575,00 078.33
PL 12 P r Hee nRe De &M1 20493.00 __.__..,126,00 .._._S 163]300
Pagc27
PS1-971.doc Page 13
City of AspenlPitkiri County
Plannlna. Bufldtna. and Health Fee
Funding Summary
~ Recovered Ey Fees ^ Charged b Depadmenta-'- CnargaM to Other Funtls
nua
" Annual Annual General
Volufro A41w1 RawnwQ Fund
Work llom Unit IB Of Units) Annual Cosl Cumem Fae SubsMy
Slantlard XOm Rafe S S S
Anlennasf Ce6 u tshelmrFUUdad each 16 S 7471 46g 21109
Avrnin en a /wtlN Cornrn. each 3 b40 160 E 460
Car -ReskleMial each 28 7400 3 2938 4482
Commardal Caaen une earn enil 2 S 78S S 850 13
Deck V to 300 .K each 96 S 9.879 4324 f 5-095
DerA Over 300 .N. eedr _ ~8
- S 258417 E 783200 199781
Darraktion ¢eU~ t2 8 690 E T2e S 60
Door S
Newdaar (ablatUrel ahearwak+mAion each t $ 83 $ 80 S 23
"cab/ 1aCement JOb Card each
Fence or fieaetendl WeS ran-mason S S
> 6 feat b neigh u b 1001f. 2 E 299 S T20 128
Each addidona1700 B each 100 G1. E S
We beticve we are the only firm to provide the type of in}'otmation shown in the
~aph above.
Page 28
PS1-971.doc
Page 14
~~ ~,, E5B7.767 ',
City of Aapenlpitkin County
Planning, Building, and Health Fee
City Resources Required
h is crRical that both WdiIYUS and the ChylCounty (unction tagekher as a team to
develop user tee schedules that are aceurats, reliable, and easily untlerstotd. ey
working together, MAXIMUS can minimize the need for data correction and projeM
INTERACTIVE ROLE
In the last yeaz, t.1.WMUS modified iu approach towards completion of Uscr
Fee Studies. Formerly, MAX[MUS staff would oonduet introductory meetings
with CityfCounly staff and then leave them s large mvnber of documents to fill
nut and scum. We seamed that that process ctr•.ams a number of diseconomies
and. time delays, Thus, MAXIMUS taken a moro interauive approach now, and
', works with its clients to complete the worksheets on-site. Among the benefits of
this approach era:
' ^ Ciry/County staff understand the model requirements better, whiuh increases
the accuracy, reliability, and validity of the data cnlleeted.
^ CitylCounty staff aro positioned to interpret the insults of the model to Weir
customers, the City Council, Board of County Commissioners, and new
smff.
i
^ these are Cewex revisions required m build We model, along with fewer
~ delays associated wiW revision cycles.
^ City/Couuty staff tend to enjoy rho task of data auquiaition butter, es it gives
Wem a chance to iWemct with MAX1M[JS smff who bring a multi-
jurisdiction perspective to We model.
^ T'he models aro completed nn a moro timely basis.
In order to use this approach, We City/County must commit to nutting
schedules, which typically consume hale or full-0ay ineremenm. If City/Cotmty
staff aro unable to meet for periods of lour hours at a time, Wen delays will
ensue, and Wa cost of the model production will increase. While MAXIML;S is
flexiblt wiW scheduling, it is irnporiamt for the City/County to know the
' demands that this study will be placing on staff.
DATA COLLECTION
hr addiGun, there is some infommtion, such ae volume data, that only
Ciry/County smff tan provide. MAXIMUS assume that the Qty/County witl
gather that data, typically from existing computer systems and/or fate towrds, as
outlined strove in flu work plea Aruther necessary oommitment for
CitylCtumysmff is to review and critique the dam, assumptions, and
_ reconmtendations, particularly upon delivery of the dreg plans.
Pane R9
PS1-971.doc Page 15
City of AspenlPltkln County
Planning. Building, and Health Fee
The two primary data items that can take some time for the ~ty/County to
- collect aro the volume data; e.g., the number of inspections performed in the last
year for single family home with sizes is the zaoge of 2,500.3,500 square feet
and dra growth•relatad date. We willbe asking the Ciry/County to provide us
with volume counts and the oument average fees for each of thest nedvitias. In
soma oases, clienLa can generate this informmdon from their permitting system. In
othv casaa, clients resort to hand boutrte. Given the variability among databases,
- it is heed to predict at this time how much effort will ba raluimd to complete this
task. The gmwth-related data is not always clearly documented and we cemot
.. prediat the time aasociattd with this analysis. Typically. we would assume
City/County staff would need 1.3 weeks to gather data and discuss same with
our staff.
FACILI7Y USE
Because MA7CIMIJS applies an interactive approach to Usar Pow Studies, wa
would need the use of an at-sits room, preferably a coufcrence room, where w•e
could project oar model and data collection affotta in real tima.'Typically, we
will sal up in one room and different staff will rotate into the room, as needed.
Given the concurrent development. of models regaimd in this study, MAXiMUS
would need at least two rooms to work on the models.
DATA REQUIREMENTS
)n addition to the time and volume iril'ormeiion, MAXIMUS. collects standard
information that tends to be readily aveilablq including the following:
^ Organization charts
^ Position listings (with salary information)
^ petalled current budgets
^ End of ycor expenditure and revenue roports
^ Most recent Coat Allocation Plan and overhead schedules
^ A list of plennad, projected fazed asset acquiaitlona end capital
improvements related to fee activity (slang with their estimated costs).
^ Potentially, contract information relaed to professional service providers for
which fees ere collected.
^ Information on currently planned developments, other growdt plans, any
other infomation necessary to assist in forecasting work load requiramants
over the next four years
W ifh these data elements and the on-site information wllected, MAXIMUS will
be able W populate the models in a tlmely manna for the Crty.
Pace 30
PS1-971.doc Page 16
.,
City of AsperJPitkin Counfy
Plannfna. Building. and Health Pee
6. T[MELINES AND SCHEDULES FOR
PERFORMANCE OF EACH TASK AND PROPOSED
ACCEPTANCE CRITERIA FOR EACH TASK
MAXIMUS strHes to complete Its projects on time and on budget To do iw, bolt[ the
Cdy and MAXIMUS need to adhere to the cenerai schedule for dregs oroigctg,
SCHEDULING VARIABLES
Project schedules are twtoriously hard to Predict. Differences in the availability
of data, staff, and coordination of meetings make precise scheduling very
difficult. MAXiMUS takos an `bnsim" approach as much as possible to minimize
delays. For example, City ataffmust be available for the development of time
estimates. Time estimates are required to establish cast. Foc )anger fee xchedules,
e.g., building fees, there may be multiple meetings to establish time estimates,
and in these cases, some iterative discussions might 6e conducted via telephone.
It is common for a User tee Study to take approximately three to four months to
wmplete. The timeline below will serve to guide MAXIMUS and the City in
project planning, with the aaelorated dme forma requtred for this project.
Period Endlnp
May i June July i Auyuet
2008 12008 2008 1 2008
User Fee Studley I
~
e j
In testa tM Pmject
Task 1
; j.
Task 2 Farocasta X
...,__ ...._ ..... X
.- j
.. -I _. __.
Task 3 Duild the Opttattansl Cwtmg Model X X I
...... ........_.. ._ _ .._._ .,..
~ _ t. _. __...
Teak4 Data Input std Analysis i X
~
Task.S: Rcrlcw DUa to MAXIMU5 DUebase i ~ I X
~
7esk 6~Iteradw ReNews end
sell Aasu_nce
T...._
Q tY ~
I
~ 'm..m_
X~
-
...y
,
_
.. ...~..._-7
~ 1 .
~Y^~~~~~i ..____.._
~~^
Txsk l~pelivw aM PreaenWiat orFinal
. Report X
___
Cwrul/DOCC Adoption of F,xe I i X
page 33
PS1-971.doc
Page 17
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
City of AspenlPilkin County
5. GOST PROPOSAL
MAXIMUS focuses on value to the elleM. Our proposed price reNecte a ¢olid value
for the work we wiN perform, and our Mzibilily allows our clients to customize the
plojeUio meet thetrneeds and desired expenditures.
MAXibfUS proposes w conduct this User Fx Swdy, as detailed in this proposal,
for a nordocxcecd, fized fea price of S%,160, inclusi~re of axpeneas. Nou that
!ha full cast of (ilia usarfea lardy wil! be folded back into rha star feu
lhemreIves, to the extent that the Ciry Cauncfl adopts fu((fee recovery rarer! T'he
pricing and compensadon schedule aro reflected in [he sable below, which
delineates pricing by major task milestone:
`+c~"S-t-". ~~z .+~;*?~P~ :3 3'x'^Pa,~ig~~r ~',`
" Cwvnunlty Denbpmenr fm
~ s .°' :`^Pf120"*a Fxti
~
Tukl -~ ~
52,4W
Tark1 _-- -- T6,40D
Task 3 52,400
Teak4 512,006
7ad5(opionat)
~ ___T7,266
Twk b 39,600
_
Taak7 $2,400
Tams COmulliaTFm for Community lMVebymentFm --~-~-~~~~-~S16A00
____~
__
6oNranvsnlai naauk Fea
~ .
Terkl 51,200
Tad12 52,560
Task 5--~~- Sl,2oo
Txk 4 $6,0116
Task S-not appliabk 0
Taakb 41,260
r.ak ~
__ sl,zo6
-~_~~_
TomlComaaMa Fm for Enrammmmi NW0 SI5,.M0
Clly Coundl praarau0na 51,200
_
BOCC Pre9amaaon
_ 37.206
-
Tme1.3 ateM-21ocel antl 1 ouFO4-at4M Trawl; 2 MPa
fbC6 --
54,000
TOTAL 358,146 ~
Page 31
PS1-971.doc Page 18
City of AspenlPifkin County
Planning. Building. and Hea
STAFF HOURLY RATES
MAXIMUS has incorporated the following hourly mina info its fixed fee price:
Hourly Rate Table
Rate
ConaN[ant Level tear hour)
Vise 1'reeidenl ................................$2SO
'~ Senior Managec ..............................$150
' F,conomist ........................................ $165
SwiorConsulteat ...........................$11 S
SupportStaif:._ ...............................$ 60
GOST CONTROL -
MAXIMUS always conducts its user fee studies undo a "fixed fee" nrrangamem.
In this manner, our clients know the entire cost of the project prior to the
oommencemrnt of the engagement. Futthermore, this approach eliminates the
perception ar potential pertxption that our duetntinatioa of costs and fees was
influettced by poBSible inaeaBes W our own bottom line (as could ba the case of
a contingency fee basis). This approach eohancea the credibility of the study
outcomes both internally and with the general public.
The MAXIMUS cost proposal assumes that we are able to employ our effective
', standard approach to thasc studies. The travel and work time could rontlt io
exerssive costs if the City is unable to participate effectively in our trortnal
process. The proposed on~gite visiu and our follow-up methodologies and
communication procetturos should he sufficient w collect the necessary date and
facilitate effective City and MA7CIMUS review of tho resntts. If the City inquires
excessive an-cite visits, due to City-caus«I delays, lack of panicipntion in earliu
meetings, City stalling changes, management actions, or othu factors not caused
by MAXIMUS, we will idcmify and communicate the potential cost of these
additional visits in advance to allow the City to makt an iufotnted dccisiou
whethu to request supplemental visiu.
During our on-site visits, we will conduct multiple individual ntectings to work
with City staff toward efficient completion of the studies. We wilt wnduM the
remaindu of our work via telephone, fax, email, and WebEx. $hould the City
enact significant delays upon any of the project tasks (greater than oaf month,
cumulative), McXtMUS will quantify the acntal additional cost (above end
beyond the proposed projeu price) and discuss compensation with the City. Of
course, MAXI:NUS will not hold the City responsible for delays caused by
MAXIMUS.
Peas 33
PS1-971.doc Page 19
. .. ~
Amendment to the Professional Services Agreement
The Professional Services Agreement shall be amended to include the following:
18. Limitation of Liability. In no event shall Maximus be liable for special, indirect,
incidental, economic, consequential or punitive damages, regardless of the legal theory under
which such damages are sought, and even if Maximus has been advised of the likelihood of such
damages. The City of Aspen agrees that Maximus total liability to the City or any third party for
any and all damages whatsoever arising out of or in way related to this Agreement from any
cause, including but not limited to contract liability or Maximus negligence, errors, omissions,
strict liability breach of contract or breach of warranty shall not, in the aggregate, exceed the fees
paid to Maximus hereunder.
PS1-971.doc
Page 20
vid
MEMORANDUM
TO: Mayor and City Council
FROM: Bill Linn
THRU: Steve Barwick
DATE OF MEMO: May 29, 2008
MEETING DATE: June 9, 2008
RE: Police Highlander Hybrid vehicles purchase
REQUEST OF COUNCIL:
This memo is a request for approval of contract to replace the entire police patrol vehicle fleet
with hybrid Toyota Highlanders.
PREVIOUS COUNCIL ACTION:
1-14-08 Council approved purchase of a single experimental Toyota Highlander hybrid.
BACKGROUND:
The Police Department is slated for replacement of patrol and administrative vehicles for 2008.
This purchase is being done through the budget as already approved.
In March 2008 the Police Department purchased and outfitted a complete Toyota Highlander
hybrid as a patrol caz. Some shortcomings of the system were identified, and through a
cooperative effort with the Rocky Mountain Institute, the police equipment package was
modified to better complement the chazging system of the Highlander. Since that point the
system has performed without any identified issues.
DISCUSSION:
As previously reviewed, the Police Department has successfully experimented with a Toyota
Highlander hybrid, which has been deemed a successful model. Therefore the department wishes
to replace the current fleet of Volvo XC90 SUVs.
FINANCIAL/BUDGET IMPACTS: The Aspen Police Department has acurrent-yeaz budget
of $40,500 for each of 10 police patrol vehicles. Anticipating a contract price of $35,392 per unit,
the department will have $5,108 per unit for installation of police equipment. A memo regarding
these installation costs will follow in July.
Page 1 of 2
• Price of Toyota Highlander Hybrid, as paid (2008): $35,392
• Total cost of $353,920.00.
• Under the Volvo contract, Volvo has previously agreed to purchase back the current
XC90 fleet at a price of $18,500 per unit (10).
• Under the Volvo contract, Volvo has paid the City of Aspen $160 per caz, per month
throughout this contract period of three years.
• The Police Department also anticipates trading in three retired police vehicles (two
Community Safety Officer Chevrolet S 10 pickups, and one Jeep Cherokee), which would
contribute a largely insignificant amount of revenue towards the purchase.
ENVIRONMENTAL IMPACTS:
• Police patrol fleet gas mileage (traditional vehicles): 12.9 mpg (2007 year total)
• Miles driven in 2007: 108,847
• Total gallons consumed: 8,415 gallons
• Current City of Aspen price for gasoline, purchased in bulk: $3.565 per gallon
• Current gas mileage of Toyota Highlander test patrol vehicle, driven under regular patrol
use: 21.73 mpg.
• Projected gasoline savings, assuming fleet average of 20 mpg: 2,000 gallons
(conservatively).
• Projected greenhouse gas savings: 20 tons C02 annually (conservatively).
RECOMMENDED ACTION: Police Deparhnent staff recommends the adoption of this item
on the consent agenda.
ATTACHMENTS:
n/a
Page 2 of 2
ALTERNATIVES: Replace current XC90 patrol fleet with new-yeaz-model XC90s, with no
significant improvement in fuel efficiency.
RESOLUTION NO..~~
Series of 2008
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT
BETWEEN THE CITY OF ASPEN, COLORADO, AND Bi om Toyota AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF
OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a CONTRACT
between the City of Aspen, Colorado and Bi orn Toyota a copy of which contract is
annexed hereto and made a part thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves that CONTRACT between
the City of Aspen, Colorado, and Bi orn Toyota 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: , 2008
Mick Ireland
Mayor
SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT, made and entered into, this 9th day of June 2008
between the City of Aspen, Colorado, herein after referred to as the "City" and
Bighorn Motors hereinafter referred to as the "Vendor".
WITNESSETH, that whereas the City wishes to purchase ten (10) Toyota
Highlander Hybrid vehicles hereinafter called the UNIT(S) being more fully
described and attached herewith as 'Exhibit A', in accordance with the terms
and conditions outlined in the Contract Documents and any associated
Specifications, and Vendor wishes to sell said UNIT to the City as specified in its
Bid.
NOW, THEREFORE, the City and the Vendor, for the considerations
hereinafter set forth agree as follows:
1. Purchase. Vendor agrees to sell and City agrees to purchase the
UNIT(S) as described in the Contract Document and more specifically
in Vendor's Bid for the sum of Three Hundred Fifty Three Thousand Nine
Hundred Twenty Dollars ($353,920.00).
2. Delivery. AvTech Electronics Inc. 12851 W 43~d Drive, Golden. CO
80403. All vehicles shall be delivered by November 1 si 2008.
3. Contract Documents. This Agreement shall include all Contract
Documents as the same are listed in the Invitation to Bid and said
Contract Document are hereby made a part of this Agreement as if
fully set out at length herein.
4. Warranties. (Per manufacturer).
5. Successors and Assigns. This Agreement and all of the covenants
hereof shall inure to the benefit of and be binding upon the City and
the Vendor respectively and their agents, representatives, employee,
successors, assigns and legal representatives. Neither the City nor the
Vendor shall have the right to assign, transfer or sublet its interest or
obligations hereunder without the written consent of the other party.
b. Third Parties. This Agreement does not and shall not be deemed or
construed to confer upon or grant to any third party or parties, except
to parties to whom Vendor or City may assign this Agreement in
accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against
either the City or Vendor because of any breach hereof or because of
any of the terms, covenants, agreements or conditions herein
contained.
7. Waivers. No waiver of default by either party of any of the terms,
covenants or conditions hereof to be performed, kept and observed
by the other party shall be construed, or operate as, a waiver of any
subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
8. Aareement Made in Colorado. The parties agree that this Agreement
was made in accordance with the laws of the State of Colorado and
shall be so construed. Venue is agreed to be exclusively in the courts
of Pitkin County, Colorado.
9. Attorney's Fees. In the event that legal action is necessary to enforce
any of the provisions of this Agreement, the prevailing party shall be
entitled to its costs and reasonable attorney's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed
through the mutual efforts of the parties hereto and the parties agree
that no construction shall be made or presumption shall arise for or
against either party based on any alleged unequal status of the parties
in the negotiation, review or drafting of the Agreement.
11.Certification Reaardina Debarment Suspension Ineligibility and
Voluntary Exclusion. Vendor certifies, by acceptance of this
Agreement, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State
department or agency. It further certifies that prior to submitting its Bid
that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In
the event that Vendor or any lower tier participant was unable to
certify to the statement, an explanation was attached to the Bid and
was determined by the City to be satisfactory to the City.
12. Warranties Aaainst Contingent Fees Gratuities, Kickbacks and Conflicts
of Interest. Vendor warrants that no person or selling agency has been
employed or retained to solicit or secure this Contract upon an
agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona
fide established commercial or selling agencies maintained by the
Vendor for the purpose of securing business.
Vendor agrees not to give any employee of the City a gratuity or any
offer of employment in connection with any decision, approval, disapproval,
recommendation, preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement
standard, rendering advice, investigation, auditing, or in any other advisory
capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to this Agreement, or
to any solicitation or proposal therefore.
Vendor represents that no official, officer, employee or representative of
the City during the term of this Agreement has or one (1) year thereafter shall
have any interest, direct or indirect, in this Agreement or the proceeds thereof,
except those that may have been disclosed at the time City,Council approved
the execution of this Agreement.
In addition to other remedies it may have for breach of the prohibitions
against contingent fees, gratuities, kickbacks and conflict of interest, the City
shall have the right to:
1. Cancel this Purchase Agreement without any liability by the
City;
2. Debar or suspend the offending parties from being a vendor,
contractor or subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise
recover, the value of anything transferred or received by the
Vendor; and
4. Recover such value from the offending parties.
13.Termination for Default or for Convenience of City. The sale
contemplated by this Agreement may be canceled by the City prior
to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best
interests and convenience.
14. Fund Availability. Financial obligations of the City payable after the
current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available. If this
Agreement contemplates the City utilizing state or federal funds to
meet its obligations herein, this Agreement shall be contingent upon
the availability of those funds for payment pursuant to the terms of this
Agreement.
15.City Council Approval. If this Agreement requires the City to pay an
amount of money in excess of $25,000.00 it shall not be deemed valid
until it has been approved by the City Council of the City of Aspen.
16.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 under this Agreement. Vendor
agrees to meet all of the requirements of City's municipal code,
section 13-98, pertaining to nondiscrimination in employment. Vendor
further agrees to comply with the letter and the spirit of the Colorado
Antidiscrimination Act of 1.957, as amended, and other applicable
state and federal laws respecting discrimination and unfair
employment practices.
17.Integration and Modification. This written Agreement along with all
Contract Documents shall constitute the contract between the parties
and supersedes or incorporates any prior written and oral agreements
of the parties. In addition, vendor understands that no City official or
employee, other than the Mayor and City Council acting as a body at
a council meeting, has authority to enter into an Agreement or to
modify the terms of the Agreement on behalf of the City. Any such
Agreement or modification to this Agreement must be in writing and
be executed by the parties hereto.
18.Authorized Representative. The undersigned representative of Vendor,
as an inducement to the City to execute this Agreement, represents
that he/she is an authorized representative of Vendor for the purposes
of executing this Agreement and that he/she has full and complete
authority to enter into this Agreement for the terms and conditions
specified herein.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused
this Agreement to be duly executed the day and year first herein written in three
(3) copies, all of which, to all intents and purposes, shall be considered as the
original.
FOR THE CITY OF ASPEN:
By:
City Manager
ATTEST:
City Clerk
VENDOR:
Bighorn Motors
Title
Exhibit A
10 2008 Toyota Highlander Hybrid vehicles $35,392.00
Includes: standard package, stand 6 spoke
17" wheels, classic silver metallic color,
Black fabric interior, 1 front tow hook,
And all weather floor mats.
Delivery will be to AvTech Electronics Inc. 12851 W 43`d Drive, Golden. CO 80403.
Bighorn Motors shall invoice the City after delivery of the vehicles. The City shall remit
payment within 30 days of receiving the invoice for delivered vehicles.
v~
MEMORANDUM
TO: Mayor and City Council
FROM: Jerry Nye, Superintendent of Streets
THRU: Randy Ready, Asst. City Manager
THRU: Phil Overeynder, Public Works Director
DATE: May 28, 2008
RE: Contract Approval 2008-6 FM for the purchase of One (1) Toyota
Highlander Hybrid for the Parking Department.
REQUEST OF COUNCIL: Staff recommends the approval for the contract 2008-6FM for the
fleet purchase of One (1) Toyota Highlander Hybrid small SUV for the Pazking Department.
PREVIOUS COUNCIL ACTION: The Asset Management Plan contains the funds for this
purchase. City Council approved the 2008 Asset Management Plan in the 2008 Budget.
BACKGROUND: This purchase is the result of Sole Source from Bighorn Toyota in Glenwood
Springs. Toyota is the only manufactureYthat offers 3`d row seating in a hybrid 4 wheel drive
vehicle that can haul up to 7 passengers.
DISCUSSION: The Pazking Department currently has a 2001 Jeep Cherokee that is scheduled
for replacement this yeaz. With the increase in the pazking department's staff and operations, this
vehicle will be used by pazking staff for their daily administration needs along with being their
commuter vehicle that will able them to carry up to 7 people. The Toyota Highlander is currently
the only vehicle that has these capabilities in a Hybrid vehicle. The Ford Escape Hybrid has the 4
wheel drive but can only haul 4-5 passengers. With the purchase of the Highlander the fuel
economy will increase compazed to the Jeep Cherokee that is currently being used. This vehicle
will be put on a Syr 70,000 mile replacement cycle.
FINANCIALBUDGET IMPACTS: The 2008 Asset Management plan included $37,000.00
for the replacement of the Jeep Cherokee. The price for the new Highlander Hybrid is
Page 1 of 2
$36,594.00. Bighorn Toyota is giving the City $4,000.00 trade in value on the Jeep Cherokee
bringing the total purchase price to $32,594.00.
ENVIRONMENTAL IMPACTS: The Toyota Highlander fuel rating is 31 city and 27 highway.
Compazed to the Ford explorer of 15 city and 20 highway. Based. only on the highway ratings at
increase of 7 MPG, would be a savings of 196 gallons of fuel based on 15,000 miles per yeaz.
Along with this being a SULEV. (Super ultra low emission vehicle).
RECOMMENDED ACTION: Staff recommends the contract approval for 2008-6FM for the
purchase of the Toyota Highlander Hybrid for the Pazking Department.
ALTERNATIVES: See discussion regazding purchase of Ford Escape as an alternative to this
purchase.
PROPOSED MOTION:
"I move to approve Resolution # J~.3 of 2008
On the consent calendaz of Monday nq 2008
CITY MANAGER COMMENTS:11.0, ,ti.. ~....i,.-S- 0.n,.ri„r.Sl ,
ATTACHMENTS:
Page 2 of 2
RESOLUTION NO. ~~
Series of 2008
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT
BETWEEN THE CITY OF ASPEN, COLORADO, AND Bighorn Toyota AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF
OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a CONTRACT
between the City of Aspen, Colorado and Bi orn Toyota _ a copy of which contract is
annexed hereto and made a part thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves that CONTRACT between
the City of Aspen, Colorado, and Bi orn Toyota 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: , 2008
Mick Ireland
Mayor
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 2008
Kathryn S. Koch, City Clerk
SUPPLY PROCUREMENT AGREEMENT
CITY OF ASPEN BID NO. 2008 - 6FM
THIS AGREEMENT made and entered into, this 20"' day in Mav of 2008, by and
between the City of Aspen, Colorado, hereinafter referred to as the "City" and
Bighorn Toyota ,hereinafter referred to as the "Vendor."
WITNESSETH, that whereas the City wishes to purchase,
One (11 Toyota Highlander Hvbrid Hereinafter called the UNIT(S), in accordance with the terms
and conditions outlined in the Contract Documents and any associated Specifications, and Vendor
wishes to sell said UNIT to the City as specified in its Bid.
NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth,
agree as follows:
1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described
in the Contract Documents and more specifically in Vendor's Bid for the sum of _
Thirtv Two Thousand.Five Hundred Ninetv Four and no cents dollars ($ 32.594.00 ).
2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.)
3. Contract Documents. This Agreement shall include all Contract Documents as the same
are listed in the Invitation to Bid and said Contract Documents are hereby made a part of this
Agreement as if fully set out at length herein.
4. Warranties. A full description of all warranties associated with this purchase shall
accompany this contract document.
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to
the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
6. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Vendor or City may assign
this Agreement in accordance with the specific written permission, any rights to claim damages or
to bring any suit, action or other proceeding against either the City or Vendor because of any
breach hereof or because of any of the terms, covenants, agreements or conditions herein
contained.
7. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the terms, covenants or conditions
herein contained, to be performed, kept and observed by the other party.
7-PURCH.DOC
8. Agreement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
9. Attornev's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
11. Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion.
Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or any
lower tier participant was unable to certify to this statement, an explanation was attached to the
Bid and was determined by the City to be satisfactory to the City.
12. Warranties Against Contingent Fees Gratuities Kickbacks and Conflicts of Interest.
Vendor warrants that no person or selling agency has been employed or retained to solicit or
secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial
or selling agencies maintained by the Vendor for the purpose of securing business.
Vendor agrees not to give any employee or former employee of the City a gratuity or any
offer of employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the content of
any specification or procurement standard, rendering advice, investigation, auditing, or in any
other advisory capacity in any proceeding or application, request for ruling, determination, claim or
controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or
proposal therefor.
Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect,
in this Agreement or the proceeds thereof, except those that may have been disclosed at the time
City Council approved the execution of this Agreement.
7-PURCH.DOC
In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor or
sub-contractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the
value of anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of Citv.
The sale contemplated by this Agreement may be cancelled by the City prior to
acceptance by the City whenever for any reason and in its sole discretion the City shall determine
that such cancellation is in its best interests and convenience.
14. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of of those funds for
payment pursuant to the terms of this Agreement.
15. Citv Council Aaoroval. If this Agreement requires the City to pay an amount of money
in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Council
of the City of Aspen.
16. 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 under this Agreement. Vendor
agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to non-
discrimination in employment. Vendor further agrees to comply with the letter and the spirit of the
Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state and federal laws
respecting discrimination and unfair employment practices.
17. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, vendor understands that no City
official or employee, other than the Mayor and City Council acting as a body at a council meeting,
has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
18. Authorized Rearesentative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Vendor for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions specified herein.
7-PURCH.DOC
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to
be duly executed the day and year first herein written in three (3) copies, all of which, to all intents
and purposes, shall be considered as the original.
FOR THE CITY OF ASPEN:
sy:,
City Manager
City Clerk
VENDOR: 1~~ ~ G~ 1-~-8~r~ i o ASS I~
sy: L ~ ~~.
Title. ~~ 1 ~-~C
7-PURCH.DOC
RPR-08-2008 13 29
Fax
To: Willie
....... _......
970 945 8898 P.01
152 West 6th Street
Glenwood Springs, CO 81601
Phone: (970) 945-6544
Fax:(970)945-88981(800)705-6701
From: Ed
Fax: Date: Tuesday, April 08, 2008
Phone: Pages: 3 (Including cover)
Re: 2008 Toyota Hybrid HighlandedAmethyst GC:
^ Urgent ^ For ReWew ^ Please Comment ^ Please Reply ^ Please Recycle
BIGHORN TOYOTR
•Commants: 2008 Toyota Hybrid NigFrhanded atk# 12891-0/ Iced Amethyst) Factory ust
Price: 538,880. Discou:rted to: 536,594. VehN:le Inquiry Report attached. Call with any
questions. Take care, F~1
RPR 08-2008 13:29 BIGHORN TOYOTR 970 945 8898 P.02
~ agc i ui e
15186
DCV920
Model Number: 6964A
Model Description:
Year ............:
Interior Color ...
Exterior Color ...
Sody ............:
Number OE Cyl ....
Allocation Number:
Engine Number ....
Vessel Number ....
Vessel Nam® ......
VEHICLE INQUIRY REPORT
SERIFS, # :82014028
HYBRID V6 4WD
2008
FD10 FD10
09AG ICEAM
HYBRID dWD-i V6 SW
6
022
0587372
482
NEW NADAV060
VIN .............: JT'EEW41A482014028
Ignition Key.....: 45984
Category ..........:
Current Dealer .....
Wholesale Dealer ...
Previous Dealer ....
Invoice Date ......:
ship Date .........:
Retail Date ..,....:
Date o£ First Use ..
TRAC ..............:
Damage .............
PDI ...............:
Fleet .............:
Port PDS complete
Factory Installed Accessories: FE PN PP QC QR
Port Installed Accessories ..: CT
Retail
Vehicle Hase Model ....................: $ 33700.00
Total Accessories .....................: $ 5505.00
MECHANICAL 6 PERFORMANCE
Hybrid Synergy Drive System
3.3L V6 Eng w/VVT-i w/EV Mode, ECON Mode
Elec Contr Continuously Variable Trans
Electronic Power Steeri»q System
4WD w/Intelligence /4-whl Ind Suspension
4Wh1 Pwr Ast Vent Fr/Solid Ar Disc Brak®
Hill-Start Assist Control / Tow Prep Pkg
17" 6-Spoke Alloy Wheels/245/65R17 Tires
SAFETY
Star Safety System w/NOSH Includes:
Veh Stability Ctrl w/TRAC
Anti-Lock Brakes w/Brake Assist 6 EHD
Dr 6 Fr Pass Advanced Front Airbags,
Driver Knee Airbag, Dr S Fr Pass Seat
Mount®d Side Airbags,3 Row Roll-Sensing
Side Curtain Airbags
Dr 6 Fr Pass Active Headrests
Direct Tire Pressure Monitorlrig System
3-Pt Seat Belts - Ali seating Positions
2nd Row CRS Lower/Top Tether Anchors
EXTERIOR
Color-Keyed Bumpers/Foldable Pwr Htd
Mirr/Small Rear Spoiler/Chrome Dr Hdles
Slvr Painted Grille/Rr License Garnish
Rr Step Hamper Lower Cvrs
Hlk Fog Lamp Cv/Blue Tint Hdl/Tail Lena
Fr Variable 6 Rr Intermittent Wipers
In-Glass Antenna / Rr Privacy Glass
Multi-Reflector Auto-oE£ Headlamps
COMFORT AND CONVENIENCE
Front Air Conditioner w/Clean Air Filter
DATE: 04/08/08
TIt~: 12:23
Check Code: 2
G
150-05046
05046
00150
02/29/08
03/05/08
NO
NO DAMAGE
YES
NON-FLEET
NO
http://dealer.toyota.com/VehicleSystem/New/VehicleInventory/VehicleInventoryDetai hasp... 4/8/2008
APR-08-2008 13:29 BIGHORN TOYOTA
Rr Back-up Camera w/Multi Fuslc Display
AM/FM/CD w/6 Spks, Mini Plug
Power Windows 6 Door Locks/Cruise Ctrl
Smart Entry System / Conversation Mirror
Tilt/Tls~opic Strq Whl, Audio/MID Ctrle
Cloth Znt, B-way Frt Dr/4-way Pass,2way
Adj Headrat, 40/20/40 Splt 2nd Row Seat
w/Fold-Flat, Slide, Reclin®, Fore s Aft
Adj+Center Stow Seat6Center Stow Console
Wood-Grained-Styled Int Trim/Erig Immob
970 945 8898 P.03
. »b........ ~.
Retail Total
Vehicle Base Model ..........................:$ 33700.00 $ 33700.00
50 State Emissions .........................
Anti-theft Alarm System w/ Engine .......... 220.00
Immobilizer ................................
Popular Package Plus Includes: Popular ..... 3850.00
Package: Fabric Trimmed 3rd Row Seat, 19" ..
10-Spoke Alloy Wheels, Color Keyed Sport ...
Styled Rear Spoiler w/LED Stop Lamp, ....,,.
Puddle Lamps, Leather Steering Wheel and ...
Shift Knob, 2nd Row 2 Personal Reading .....-
Lamps, Driver and Front Passenger Sun ......
Visors w/ Lamps, 8-way Power Driver Seat, ..
Silver Painted Roof Rails, and Cargo Area ..
2nd Row One-Touch Fold Down Flat Levers, ...
Tonneau Cover, Power Rear Door, AM/FM ......
6-Disc in-dash CD Changer w/6 Speakers .....
and MP3 / FIIdA Playback Capability, and .....
Satellite Ready Capability, Rear Glass .....
Hatch, and Homelink ........................
Front Auto Dual Zone Climate Control ....... 375,00
System (Includes Steering Wheel AC .........
Controls) ..................................
Auto Rear Air Conditioning System .......... 765.00
w/.Rear Vents for 2nd 6 3Rd Row ............
carpet/Cargo Mat - 3 Row Seatinq ........... 275.00
Total Accessories ...........................: $ 5505.00
Destination Char4e ..........................: $ 685.00
TDA .........................................:
Gasoline ....................................:
Dealer Holdback .............................:
Whsl. Financial Reserve .....................:
Total .......................................:
Residual value .... 24 36 48 60
STD 21,157 19,461 14,629 10,922
LOW 19,135 15,303 11,596
$ 5505.00
$ 39 .00
36, ~5'~
~~~~p~Qd
j~rtU--t
~r,` ~.
http://desler.toyota.comNeh.icleSystem/New/VehicleInventory/VehicleInventoryDetail.asp... 4/8/2008
TOTRL P.03
MEMORANDUM
TO: Mayor and City Council
FROM: Jerry Nye, Superintendent of Streets
THRU: Randy Ready, Asst. City Manager
THRU: Phil Overeynder, Public Works Director
DATE: Apri129, 2008
RE: Asphalt Improvement Project 2008 - 022
vi.~
SUMMARY: Staff recommends approval of a contract with Elam Construction in the amount
of $283,973.05 to accomplish the 2008 Street Improvement Project.
PREVIOUS COUNCIL ACTION: The Asset Management Plan included this project for 2008
construction. City Council approved the 2008 Asset Management plan and appropriated
$368,000 for this project as part of the 2008 Budget.
BACKGROUND: This contract is a result of competitive bid process. One other bid for the
work was received. Elam Construction submitted the low bid for the asphalt overlay project.
DISCUSSION: This contract is to do the 2008 Street Improvement Project as budgeted for this
yeaz. The work to be completed involves asphalt overlays to sections of the following residential
streets: McSkimming Road from Highway 82 to Aspen Grove Road; East Hopkins Avenue,
from Garmisch Street to Spring Street; North Monazch Street from Main Street to Hyman
Avenue; Red Mountain Road from the north side of the Mill Street bridge to the north side of the
Hunter Creek bridge; and Silver King Road from Cemetery Lane to Home Stake Drive. The road
which accesses the municipal parking garage from Rio Grande Place to the pazking entrance is
also included in this plan.
The bid submitted by Elam Construction is lower than the City's estimated cost to perform the
above work scope. Staff has asked Elam Construction to submit a change order to the approved
work scope to add the rest of Silver King Drive and Home Stake Road at the same unit costs
submitted in the bid documents. Elam Construction is rechecking costs from suppliers to
determine if they can hold the same unit costs for the additional work scope. This proposed
change order would utilize the majority of the remaining funds appropriated for street
improvements and would address high priority street needs. If this additional work is included in
the current yeaz's project through the proposed change order, the total contract price would be
$362,258.32.
Work to be performed under the contract primarily consists of 1 'h inch overlays. This will give
the streets a greater structural stability for longevity and provide a longer wear factor. Full width
and edge roto milling will take 1 1/2 inches off the top layer. Anew 2 inch asphalt mat will be
added to complete the work.
FINANCIAL IMPLICATIONS: The 2008 Asset Management Plan approved $368,000 for
this work. The proposed scope of work to be awazded under the contract, including the proposed
change order, is within the budgeted amount.
RECOMMENDATION: Staff recommends Council approval for this contract with Elam
Construction to accomplish the 2008 Street Improvement Project to keep the structural integrity
of the City streets intact.
PROPOSED MOTION: I move to approve Resolution #~ of 2008 on the consent
calendar of Tuesday June 9, 2008.
CITY MANAGER COMMENTS: ~°~`'-""""~`""~ ~~""~
RESOLUTION NO.
Series of 2008
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT
BETWEEN THE CITY OF ASPEN, COLORADO, AND Elam Construction, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a CONTRACT between
the City of Aspen, Colorado and Elam Construction a copy of which contract is annexed
hereto and made a part thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves that CONTRACT
between the City of Aspen, Colorado, and Elam Construction 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: , 2008.
Michael C. Ireland, Mayor
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 , 2008.
Kathryn S. Koch, City Clerk
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on by and between the CITY OF ASPEN,
Colorado, hereinafter called the "City", and Elam Construction, hereinafter called the
"Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project: 2008 Street Improvements Project (Project #
2008-022).
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published Invitation for Bids therefore,
and as a result of such canvass has determined and declared the Contractor to be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract For Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice To Proceed" and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed Two Hundred Eighty Three
Thousand Nine Hundred Seventy Three Dollars and Five Cents ($283,973.05) or as
shown on the BID proposal.
CC2-971.doc Page 1 "CC1
5. The term "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
6. The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Contract For Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract
For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the Mayor of the City of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant
to any third party or parties, except to parties to whom the Contractor or the City may
assign this Contract For Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
11. The parties agree that this Contract For Construction was made in accordance with the
laws of the State of Colorado and shall be so construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this
Contract for Construction, the prevailing party shall be entitled to its costs and
reasonable attorney's fees.
13. This Contract For Construction was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of
the parties in the negotiation, review or drafting of this Contract For Construction.
CC2-971.doc Page 2 "CC1
14. The undersigned representative of the Contractor, as an inducement to the City to
execute this Contract For Construction, represents that he/she is an authorized
representative of the Contractor for the purposes of executing this Contract For
Construction and that he/she has full and complete authority to enter into this Contract
For Construction for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTESTED BY:
RECOMMENDED FOR APPROVAL:
City Street Department
ATTESTED BY:
~;~-- ~
son D. Cates, Secretary/Treasurer
CITY OF ASPEN, COLORADO
By:
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR:
BY~
Stephen J. Kaspar
Title: President
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicate title.
CC2-971.doc Page 3
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF Colorado )
SS.
COUNTY OF rlesa
On this 16th day of
20 os ,before me appeared
Stephen J. Kaspar to me personally known, who,
being by me first duly sworn, did say that s/he is President of
Elam Construction, Inc. and that the seal affixed
to said instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors, and said deponent
acknowledged said instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
written.
,:1`~Y• PV e<~ 0
SARAH E. .~
FEES ,
~,'•., ., °~ Notary
,,,.
tti:'.r of ccN'
556 Struthers Avenue, Grand Junction, CO 8150
Address
My commission expires:
10/6/11
CC2-971.doc
2008-022
BRANCH SECTION # Wark
NAME STREET FROM:-TO: Done
E-HO E HOPKINS AVE. 1 - S. GARMISCH ST. - S. ASPEN ST 1 1/2
E-HO E. HOPKINS AVE. 2 - S. ASPEN ST. - S. GALENA ST. 1 1/2
E-HO E. HOPKINS AVE. 3 - S. GALENA ST. - S. SPRING ST. 1 1l2
MS McSKIMMING RD. 1 -HWY. 82 Thru Aspen Gove RD. 1 1/2
S-MO N. MONARCH ST. 2 - E. Main ST. - E. Hyman ST. 1 1/2
RM Red Mountian Rd. 1 -Mill ST Bridge .Thru Hunter creek BR 1 1/2
S-GR S. GARMISCH ST. 1 - MAIN ST. - DURANT ST. 1 1/2
SK SILVER KING DR. 1 -CEMETERY LN. To Homestake RD. 1 1/2
Pgarage Parking Garage Entrance of Garage 1 1/2
SK SILVER KING DR. 1 -Home Stake DR. - CHATFIELD RD. 1 1/2
ALL Alley (at N. Mill ST.) N-ML To N-GL 2
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~~
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
RE:
Mayor and City Council
Bentley Henderson
Steve Barwick
6-02-08
6-09-08
Performance Audit Contract
REQUEST OF COUNCIL: For your consideration is a proposal for a performance audit for
Phase I of Burlingame Ranch. Given the abbreviated time frame under which we have been
requested to turn this information azound the information provided was a sole source effort. Staff
is requesting conditional approval of the attached proposal.
PREVIOUS COUNCIL ACTION: Pursuant to a directive of the City Council, staff is
providing a proposal that we solicited for the execution of a performance audit on Burlingame
Ranch Phase I.
BACKGROUND: Following a recommendation by the Citizen Budget Task Force Housing
Subcommittee, the City Council directed staff to engage a firm to take a critical look at how
Burlingame Phase I was executed and delivered.
DISCUSSION: Staff has contacted a Real Estate Advisory Service company, Alvarez & Mazsal
who offer consulting services regazding construction operations and process improvement. The
scope of work is known generally as a Construction Life-cycle process audit. The audit work
plan is made up generally of 8 task areas that range from Stakeholder interviews to Cost
Management and Risk Management. Additionally, each task azea has numerous sub-tasks
associated with it. ,
At this point, staff is working to refine the task azeas, increasing the scope on some while
limiting the scope of the others. The proposal associated with this memo may change as we
work with the consultants. As you will recall, a request for approval of a contract commonly
includes a memo, a resolution of approval, and the contract itself. As a function of staff s desire
to proceed quickly with the finalization of the audit proposal there is not a contract and resolution
accompanying this memo. It is staff's expectation that the other components typically associated
with the normal contracting procedure will be delivered as quickly as possible prior to your June
Page 1 of 2
9`h meeting. The proposal initially anticipated a not to exceed price of $40,000.00. As tasks aze
refined the cost associated with the service will change as well.
It is anticipated that final scope language and a more firm understanding of the entire proposal
will be available by the end of this (June 2"d) week, and will be delivered at that time.
FINANCIALBUDGET IMPACTS: As indicated by the attached proposal the scope of work
identified at this time would be approximately $40,000.00 (subject to adjustments to the
proposal). Given the fact that this expenditure reflects an unappropriated request, a supplemental
appropriation of the City's housing fund would be required.
Alvarez &Marsal Audit Proposal -dated 06-02-2008
Page 2 of 2
RECOMMENDED ACTION: Staff recommends approval of the attached proposal in concept
and authorization to enter into a contract with Alvazez & Marsal for a Performance
Audit/Construction Life-cycle Analysis with a final fee determination and detailed scope to be
delivered to the City Council at their June 9`h meeting.
AWAREZ $c MARSAL
REAL ESTATE ADVISORY SERVICES, LLC
717 Seventeenth Street, Suite 2750, Denver, CO 80202
Phone: (303) 704242 Fax: (303) 704-4229
vuww.alva rezandma rsal.com
DRAFT -FOR DISUCSSION PURPOSES ONLY
June 2, 2008
Mr. Steve Barwick
City Manager
The City of Aspen
130 S. Galena Street, 2nd Floor
Aspen, CO 81611
Re: Performance Audit /Construction Lifecycte Analysis
Dear Mr. Barwick:
In accordance with your request, Alvarez & Marsal Real Estate Advisory Services, LLC
("A&M") is pleased to submit this engagement letter for the above referenced matter. This
letter sets forth.the objective and scope of our work, client supplied data and the time
requirements and fees associated with our services. This letter will serve as the formal contract
between A&M and the City of Aspen ("City" or "Aspen").
PROJECT OVERVIEW
A&M has developed the following approach to assist The City of Aspen with a Construction
Life-cycle Process Audit. The scope of our audit will include processes and procedures for
overall construction program administration including defining program parameters, soliciting
and contracting, and managing scope, schedule and budget. A&M's review of construction
budget will be limited to the policies, procedures, and controls in place to mitigate common
construction risks and will not include a financial review.
Below, we have provided detail on what A&M would expect to review as part of the
Construction Life-cycle Process Audit. A&M will conduct weekly Status Updates with the City
of Aspen and report on overall engagement progress. Additionally, at the conclusion of the first
week of our engagement, we will revisit the scope of work for the purposes of assessing overall
hours and tasks and modifying our scope as mutually agreed upon.
At the conclusion of our audit, A&M will prepare a summary of our findings and
recommendations for review by the City Manager. The results of the A&M audit may be used
to improve the overall efficiency and effectiveness of various phases throughout the
Construction Life-Cycle. At the request of the City of Aspen, A&M will present our findings
and recommendations before a City Council forum.
AUDIT WORKPLAN
Alvarez & Marsal
NORTH AMERICA EUROPE LATlN AMERICA ASIA I Real Estate Advisory Services, LLC
DRAFT -FOR DISCUSSION PURPOSES ONLY
Mr. Steve Barwick
June 2, 2008
Page 2
A&M will conduct targeted interviews, review construction related policies and procedures, and
perform a high level review of construction contract documents including budgets,
specifications, correspondence, bids, bid analysis, contracts, pay applications, change orders
and other pertinent documentation to identify adherence to contract terms and identify
Construction Life-Cycle process improvement opportunities. A&M expects that the City of
Aspen will assist with overall program execution by providing all requested documentation as
outlined in this engagement letter prior to A&M commencing our scope of work, scheduling
interviews and ensuring that participants arrive timely, and assisting in resolving questions,
concerns, and issues in a timely manner.
Specifically, our scope of work may include:
I. Stakeholder Interviews
a. Discuss the project with the following stakeholders /departments to determine overall
construction program satisfaction, if program objectives were met, and discuss
stakeholder frustrations and improvement ideas:
i. City Council
ii. Procurement Department
iii. Facilities Department
iv. Accounting Department
v. Operator of Subject Facility
vi. AE Firm
vii. Contractor
2. Project Management
a. Project Team Expertise: Ability to develop project plans; education and skill levels, and
depth and breadth of prior project experience.
b. Project Plan Development: Ability to develop overall project plans, milestones, and
preliminary budgets. Willingness to incorporate lessons learned and leading practices.
c. Resource Planning and Management: Ability to allocate and manage appropriate
resources to accomplish the overall Project Plan; including hiring consultants and other
subject matter specialists. Ability to define systems of accountability including scopes
of work, roles and responsibilities.
d. Issue Resolution: What is the process for identifying, tracking, and resolving program
management and construction related issues?
3. Procurement and Contract Development
a. Bid Documents vs Construction Documents.• Use of bid documents versus construction
documents for the purposes of soliciting.
b. Constructability Reviews: Does the City of Aspen have a procedure for obtaining an
independent "constructability review" prior to the contractor bid process?
c. Benchmark contract terms and conditions to leading industry practices.
ALVAREZ Si MARSAL
DRAFT -FOR DISCUSSION PURPOSES ONLY
Mr. Steve Barwick
June 2, 2008
Page 3
d. What is the process for benchmarking bids to market pricing?
e. Is risk appropriately balanced between the owner and the contractor?
f. Are City of Aspen policies and procedures consistent with contractual requirements?
g. What is the process for obtaining stakeholder /community input from design through
the building process?
h. Measure elapsed time for each phase of the Construction Life-Cycle.
4. Scope Management
a. Scope Planning: Assessing whether project scope was adequately defined. Were
experienced resources involved in project scoping. Scope review and approval process
(i.e. internal departmental and other stakeholders (City Council, community).
b. Scope Yerifrcation: Process for measuring contractor adherence to project designs and
contract. Did the contractor meet the requirements of the original visioning /planning
documents? Was the project delivered per the terms and conditions set forth in the
contract?
c. Change Management Plan: What contractual language governs scope changes? What
is the process for reviewing and approving changes to the original scope of work? What
"burden of proof' is required of contractors for recommended or required project
changes? What steps are taken to ensure proposed scope changes are not covered within
existing contractual documents or contractor scopes of work.
5. Schedule Management
a. Schedule Development.• Process for examining conceptual schedules, summary
schedules, and preliminary schedules for design and construction.
b. Baseline Schedule Compliance: Examining baseline schedule for contract compliance,
and assessing whether baseline schedules are realistic and achievable (i.e. proper
sequencing of contractors, task allocations, contingency, third party (planning, zoning
reviews)).
c. Schedule Updates.• Utilizing the schedule to manage the overall construction program.
Identifying and remediating potential schedule delays.
d. Schedule Revisions /Schedule Recovery.• Process for updating schedules for time /cost
or other delays. Assigning fiduciary responsibility. Process for determining overall
impact on contractors and occupancy.
6. Cost Management
a. Budgeting.• Process for developing and using comprehensive project budgets. Ongoing
budget to actual reviews including reconciling deviations.
b. Cost Control Procedures: Process for tracking incremental project costs versus budget
as a means to identify potential overruns and / or change orders.
c. Pay Applications /Change Orders: What is the process of reviewing pay applications
versus percent complete? How are capital requirements planned for /forecasted?
d. Cost /Budget: Analyze process and formats for creating project pro-formas; focusing
on calculations related total project costs, expected revenues, and subsidies.
ALVAREZ & MARSAL
DRAFT -FOR DISCUSSION PURPOSES ONLY
Mr. Steve Barwick
June 2, 2008
Page 4
Risk Management
a. Risk Assessment: What steps are taken to define risks and their probability of
occurrence? The overall goal is to minimize risks associated with non-standard
practices by transferring the risk burden to more experienced resources (i.e. contractors).
b. Risk Avoidance: What steps aze taken to proactively identify and mitigate threats to
common construction pitfalls: Cost, Time, and Quality.
i. System of Internal Controls (see Policies and Procedures documentation).
ii. Errors and Omissions Requirements (E&O)
iii. Insurance requirements?
iv. Common metrics reviewed?
v. Frequency of performance reporting (field tours, progress meetings, quality
inspections).
vi. How aze quality controls "planned in" the program as opposed to "inspected in"?
vii. Are warranties, bonds, and / or maintenance agreements provided and are they
sufficient to protect the City of Aspen against unusual /accelerated wear and
tear.
c. Certificate of Substantial Completion
i. Review requirements for obtaining Certificate of Substantial Completion
including closing document requirements.
d. Certificate of Final Completion
i. Review requirements for obtaining Certificate of Final Completion.
DOCUMENT REQUEST
In preparation for our work, A&M requests the following documentation from the City of
Aspen:
1. List of City of Aspen Personnel Involved throughout the Construction Life-Cycle (i.e.
Planning, Procurement, Project Management)
2. List of Systems Utilized throughout the Construction Life-Cycle (i.e. Program management,
tracking, accounting)
3. Preliminary Construction Budgets
4. Final Construction Scope of Work Documentation
Fully Executed Construction Services Contracts for In-Scope Development
a. AB
b. General Contractor
c. Construction Manager
d. Others
6. Bid Selection Criteria and Analysis
7. Sample Approved Contractor Pay Application and Change Order
a. Intermediate Pay Application
b. Final Pay Application
ALVAREZ & MARSAL
DRAFT -FOR DISCUSSION PURPOSES ONLY
c. Change Order
8. Policies, Procedures, and Process Flowcharts (if available) for:
a. Planning and Budgeting
b. Procurement
i. Solicitations
ii. Bidding and Selection
iii. Contract Execution
iv. Contract Modifications
v. Contract Close-out
c. Contract Management
i. Communications (i.e. Progress Reporting)
ii. Pay Application Review and Approval
iii. Change Order Review and Approval
iv. Punch lists
v. Final Acceptance
d. Accounting
i. P.O. /System Set-up
ii. Review Procedure
1. General calculations
2. Retainage Calculations
3. Per Terms and Conditions
iii. Authorizations
1. Change Orders
2. Payment Applications (Intermediate and Final)
STAFFING
Mr. Steve Barwick
June 2, 2008
Page 5
This project will be performed by a team of professionals led by Hunt Holsomback, a Managing
Director in our Denver Real Estate Advisory Services practice. Jason Smith, a Director in the
Denver practice will be responsible for day to day project activities and the development of
project deliverables. Additionally, Nate Stroeher, a Manager in the Denver practice will
participate in project activities as needed.
The nature of this project requires a more senior and experienced team. Other A&M staff will
be utilized as appropriate. A&M anticipates ongoing involvement from City personnel
throughout the engagement including participation in meetings and review of deliverables. We
understand that the City will assign a resource to serve as the primary contact for managing the
relationship with A&M and approving project deliverables.
An overview of Alvazez & Mazsal, along with Alvarez & Mazsal's Real Estate Advisory
Services is provided in Attachment A to this letter.
ALVAREZ S MARSAL
DRAFT -FOR DISCUSSION PURPOSES ONLY
Mr. Steve Barwick
June 2, 2008
Page 6
TIMING AND FEES
A&M's professional fees will be based on our estimate of the complexity of the work and the
time required for each Assignment ("Assignment") covered under this Agreement. We
anticipate tasks identified previously in this letter will require approximately 150 hours to
complete. Accordingly, our professional fee for this assignment will not exceed $40,000
without the City's written approval.
Professional fees and expenses are due and payable upon receipt. Out-of-pocket expenses as
incurred for travel, and third party research will be billed in addition to professional fees.
Additionally, A&M chazges an administrative service fee equal to 3% of project fees for
photocopies, facsimile, couriers, postage, telecommunications and shipping. A&M will provide
the City with updates on project progress and the amount of fees incurred on a weekly basis.
Invoices are due and payable within thirty (30) days of receipt.
Furthermore, if we determine that additional services are required, beyond those detailed in the
original scope of services, we will discuss a mutually agreeable adjustment in the scope of work
and associated fees.
CONDITIONS OF OUR WORK
Relationship of the Parties
Neither A&M nor any of its personnel or subcontractors is to be considered an employee or
agent of the City and the personnel and subcontractors of A&M are not entitled to any of the
benefits that the City provides for the City employees. The City acknowledges that A&M's
engagement under this letter shall not constitute an audit, review or compilation, or any other
type of financial statement reporting engagement that is subject to the rules of the AICPA, SEC
or other state or national professional or regulatory body.
No Third Party Beneficiary
Any information and analysis provided to you in presentation and/or report fonn will be
intended solely for your use. It should not be relied upon for any other purpose, or by any other
entity. However, it is understood that the City may have outside partners, advisors, external
auditors and regulatory agencies involved in the evaluation of this transaction. It is the City's
responsibility to inform all such parties of the terms and conditions of this engagement letter
and, as such, all such parties will be subject to the terms and conditions stated herein. Neither
our presentation materials nor materials that we prepaze, nor any reference to our Firm, may be
included or quoted in any offering circular or registration statement, prospectus, sales brochure,
appraisal, loan or other agreement or document without A&M' prior written consent. A&M's
fees and expenses are not contingent upon the success of any transaction.
ALVAREZ Si MARSAL
DRAFT -FOR DISCUSSION PURPOSES ONLY
Conflicts
Mr. Steve Barwick
June 2, 2008
Page 7
A&M is not currently aware of any relationship that would create a conflict of interest with the
City or those parties-in-interest of which you have made us aware. Because A&M is a
professional services firm that serves clients on an international basis in numerous cases, both in
and out of court, it is possible that A&M may have rendered services to or have business
associates with other entities or people which had or have or may have relationships with the
City, including creditors or clients of the City. In the event you accept the terms of this
engagement letter, then during the term of this engagement letter, A&M will not represent, and
A&M has not represented, the interests of any such entities or people in connection with this
matter.
Termination
Either party may terminate this agreement upon thirty (30) days prior written notice to the other,
provided that such termination shall be without prejudice to any other remedy the party may
have and shall not affect the warranties, representations, and indemnifications of the parties set
forth herein with respect to services provided prior to the effective date of termination. In the
event that either party discovers that the other party is in violation of any applicable state or
federal law, rule, or regulation, the party discovering the violation may terminate this agreement
immediately.
Ownership of Services Product
All deliverables created specifically for the City as part of the engagement shall be the property
of the City, provided that such ownership rights shall revert to A&M to the extent that the City
fails to meet its payment obligations hereunder. Deliverables do not include A&M's
proprietary or licensed tools, templates, methods, and know-how, pre-existing or otherwise
("A&M Information"). However, A&M grants the City aroyalty-free, non-transferable, non-
exclusive license to use A&M Information incorporated in the deliverables. The City will not
acquire rights to any A&M Information, processes, or software used by A&M in performing the
services (except for the license to A&M Information as described above). A&M may retain a
copy of each Deliverable for archival purposes only.
Limitation of Liability
In no event shall A&M, its affiliates, and their members, managers, officers, directors,
principals, and personnel (collectively, the "A&M Group") be liable to the City, whether a
claim be in tort, contract or otherwise, for any amount in excess of the total professional fees
paid pursuant to this Agreement except to the extent finally judicially determined by a court of
competent jurisdiction (not subject to further appeal) to have resulted from the gross negligence,
willful misconduct or fraudulent behavior of A&M relating to such services. In no event shall
the A&M Group be liable for any consequential, special, indirect, incidental, punitive or
ALVAREZ Si MARSAL
DRAFT -FOR DISCUSSION PURPOSES ONLY
Mr. Steve Barwick
June 2, 2008
Page 8
exemplary loss, damage, or expense relating to this engagement (including, without limitation,
loss of profit, data, business or goodwill or similar damages). The City accept[s] and
acknowledge[s] that we have not made any warranties or guarantees of any nature with respect
to the results, outcome or final developments in this matter or with respect to the economic,
financial or other results which the City may experience as a result of the services we are
providing.
Confidentiality /Non-Solicitation
A&M shall keep as confidential all non-public information received from the City in
conjunction with this engagement, except: (i) as requested by the City or its legal counsel; (ii)
as required by legal proceedings or (iii) as reasonably required in the performance of this
engagement. All obligations as to non-disclosure shall cease as to any part of such information
to the extent that such information is or becomes public other than as a result of a breach of this
provision.
The City agrees that, until two (2) years subsequent to the termination of this engagement, it
will not solicit, recruit, hire or otherwise engage any employee of A&M who worked on this
engagement while employed by A&M ("Solicited Person"); provided that this restriction shall
not apply with respect to any general solicitation for new employees which is not targeted at the
Solicited Person. Should the City or any of its affiliates or any person who acquires all or
substantially all of its assets extend an offer of employment to or otherwise engage any
Solicited Person, other than through a general solicitation, and should such offer be accepted,
A&M shall be entitled to a fee from the party extending such offer equal to the Solicited
Person's hourly client billing rate at the time of the offer multiplied by 2,000 hours. The fee
shall be payable at the time of the Solicited Person's acceptance of employment or engagement.
Miscellaneous
This engagement letter (a) shall be governed and construed in accordance with the laws of the
State of New York, regardless of the laws that might otherwise govern under applicable
principles of conflict of laws thereof; (b) incorporates the entire understanding of the parties
with respect to the subject matter hereof; and (c) may not be amended or modified except in
writing executed by both parties hereto. The City and A&M each agrees (a) to waive trial by
jury in any action, proceeding or counterclaim brought by or on behalf of the parties hereto with
respect to any matter relating to or arising out of the engagement or the performance or non-
performance of A&M hereunder; (b) that any federal court sitting within New York shall have
nonexclusive jurisdiction over any litigation arising out of this Agreement (including the
indemnity provisions incorporated herein); (c) to submit to the personal jurisdiction of the
United States District Court for New York; and (d) waives any and all personal rights under the
law of any jurisdiction to object on any basis (including, without limitation, inconvenience of
forum) to jurisdiction or venue within the State of New York for any litigation arising in
connection with this Agreement.
ALVAREZ & MARSAL
DRAFT -FOR DISCUSSION PURPOSES ONLY
Mr. Steve Barwick
June 2, 2008
Page 9
The services to be performed above do not constitute an audit, review or compilation of
historical financial information in conformity with Generally Accepted Auditing Standazds or
the standards prescribed by the American Institute of Certified Public Accountants ("AICPA").
Accordingly, we will not express an opinion or any other form of assurance with respect to any
of the historical financial information.
It is assumed that legal, engineering, or other professional advice, as may be required, has been
obtained from professional sources and that our analyses will not be used for legal or technical
guidance in such matters. It is also assumed that any properties analyzed will not operate in
violation of any applicable governrnent regulations, codes, ordinances or statutes.
A&M's advisory services outlined in this engagement letter will be based upon research,
knowledge of the industry, and other data and sources available to us. Information provided by
the City, or other third parties authorized by the client to provide such information as part of
our services conducted on your behalf will be accepted without audit or verification and will be
assumed to be correct.
Recognizing that A&M's role is advisory, and in partial consideration for the services to be
rendered hereunder, the City agrees to indemnify A&M and its respective partners, principals,
affiliates, agents and employees (A&M and each such person being an "Indemnified Party")
from and against any and all losses, claims, damages and liabilities, joint or several, to which
any of such Indemnified Parties may be subject under any federal or state law, related to, or
arising out of, the subject services and/or the engagement of A&M pursuant to this Agreement
or any Statement of Work. The City will reimburse any Indemnified Party for all expenses
(including reasonable counsel fees and expenses) as they are incurred in connection with the
investigation of, preparation for, or defense of, any pending or threatened claim or action or
proceeding arising therefrom, whether or not such Indemnified Party is a party thereto.
The City shall be liable under the foregoing indemnification provisions, except to the extent that
any such loss, claim, damage, liability or expense is found in a final judgment by a court of
competent jurisdiction to have resulted primarily and directly from the willful misconduct or
gross negligence of such Indemnified Party. No Indemnified Party shall be liable for any
losses, claims, damages or liabilities sustained by the City (or any person claiming through the
City), except to the extent that any such loss, claim, damage, liability or expense is found in a
final judgment by a court of competent jurisdiction to have resulted primazily and directly from
the willful misconduct or gross negligence of such Indemnified Party. In no event shall the
Indemnified Parties be liable to the City, whether a claim be in tort, contract or otherwise, for
any amount in excess of the total professional fees paid pursuant to the applicable Statement of
Work except to the extent found in a final judgment by a court of competent jurisdiction that
such loss resulted primarily and directly from the willful misconduct or gross negligence of
such Indemnified Party relating to such service.
ALVAREZ & MARSAL
DRAFT -FOR DISCUSSION PURPOSES ONLY
Mr. Steve Barwick
June 2, 2008
Page 10
Upon receipt of written approval from the City, A&M may reference or list the City's name
and/or generic description of the services/Assignments.
********************************************************************************************
ADDITIONAL SERVICES
If the City requests additional services or resources from A&M, then A&M will work with the
City to determine the best options and resources for providing those services and will document
the arrangements in an addendum to this engagement letter.
ACCEPTANCE
If the above correctly states your understanding of the work to be performed, please sign below
and return the original copy to the above address. Should you have any questions, please call
Hunt Holsomback at (303) 704-4224.
Very truly yours,
ALVAREZ &MARSAL REAL ESTATE ADVISORY SERVICES, LLC
BY:
NAME: Hunt C. Holsomback
TITLE: Managine Director
DATE: Mav 28, 2008
AGREED TO AND ACCEPTED:
THE CITY OF ASPEN
BY:
TITLE:
DATE:
ALVAREZ Si MARSAL
DRAFT -FOR DISCUSSION PURPOSES ONLY
Mr. Steve Barwick
June 2, 2008
Page 11
EXHIBIT A
Overview of Alvarez &Marsal
Founded in 1983, Alvazez &Marsal is a global professional services firm that helps businesses and
organizations in the corporate and public sectors solve problems, unlock value, and improve
performance. With professionals based in locations across the US, Europe, Asia, and Latin America,
Alvarez &Marsal delivers a distinct blend of leadership, problem solving and value creation. Drawing
on its strong operational heritage and hands-on approach, Alvazez &Marsal works closely with
organizations and their stakeholders to help navigate complex business, strategic and operational issues.
Alvarez & Mazsal's global services include:
• Turnazound Management Consulting
• Creditor Advisory
• Real Estate Advisory
• Crisis and Interim Management
• Financial Advisory
• Public Sector Advisory
• Business Consulting
• Performance Improvement
• Dispute Analysis and Forensics
• Tax Advisory
The A&M Team is comprised of professionals from our Real Estate Advisory Services Group.
A&M Real Estate Advisory Services
Alvarez & Marsal's Real Estate Advisory Services, LLC ("A&M") is comprised of a dedicated team of
world-class consultants, each of whom delivers independent and objective advice and analysis to
owners, investors, lenders, operators, governments, and corporate users of real estate. We align our
interests with those of our clients', and aze committed to providing senior-level attention with the right
resources, objective advice and flawless execution to every engagement. Building on Alvarez &
Marsal's operational and problem-solving heritage, our team develops and implements detailed real
estate plans that improve operations, unlock value, and minimize risk. Our professionals offer:
• Leadership: Consisting of seasoned consultants, advisors, owners, operators, and developers of
real estate.
• Problem Solving: Offering the breadth of expertise required to comprehensively assess our
clients' needs and advise them with integrity on real estate matters impacting their businesses.
• Value Creation: Delivering objective real estate advice and executing transactions that
maximize value and shed risk.
Located in six offices around the country A&M REAS professionals work closely with owners,
investors, lenders, and users of real estate to develop and execute sophisticated real estate strategies. The
services provided by A&M professionals cover the breadth and depth of our client's real estate needs.
ALVAREZ S~ MARSAL
DRAFT -FOR DISCUSSION PURPOSES ONLY
Mr. Steve Barwick
June 2, 2008
Page 12
EXHIBIT A -Continued
A&M Real Estate Advisory Services Expertise
Lease vs. Buy Analysis Real Estate Strategies
Site Selection -Lease and Real Estate Valuation
Enhanced Use Leases -Lease Rejections
Market Feasibility Studies -Lease Buy-Outs
Portfolio Leasing Strategies and Execution -Lease Restructuring
Sale-Leaseback Financial Structuring and -Disposition of Excess Real Estate
Execution -Monetization of Owned Real Estate
Mortgage Brokerage Restructuring and Workouts for Owners and
Portfolio Disposition Structuring and Lenders
Execution -Debtor Advisory
Single Asset Dispositions -Creditor Advisory
Outsourcing Planning and Implementation -Crisis Management
Public/Private Partnerships Expert Witness Testimony
Strategic Planning Deal Sourcing and Execution
Acquisition & Merger Integration Services Brokerage
Organizational Assessment and Design Financing Alternatives
Process Improvement -Sarbanes-Oxley 404 Exit Planning Identification and Execution
Benchmarking and Best Practices -FIN 46 Development and Construction
Risk and Process/Controls Assessments - Development Oversight
Valuation Analysis Property Management Oversight
Management, Financial and Investment Interim Management (short- and long-term)
Reporting Asset Management and Business Planning
Technology Planning, Assessment and Financial Budgeting and Reporting
Implementation
Regulatory & Accounting Support
- Sarbanes-Oxley 404
- Valuation Analysis
Financial and Accounting Due Diligence Pricing and Term Analysis
Cash Flow Projections/Modeling Borrower Financial/Credit Analysis
Property Inspection Rating Agency Presentations
Market and Lease Analysis Risk Assessment
ALVAREZ Si MARSAL
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
RE:
Mayor and City Council
Bentley Henderson
Steve Barwick
6-2-08
6-9-OS
vl h
Appointments to Board of Directors of Burlingame Housing
REQUEST OF COUNCIL: Pursuant to the Covenants of Burlingame Housing Incorporated,
certain members of the Directors of the Board are required to be appointed by the City of Aspen
City Council.
BACKGROUND: Following the establishment of the seasonal housing project commonly
known as Burlingame seasonal housing, the City of Aspen has been represented on the board by
two staff members and one City Council representative the board is comprised of 5 members
total. Previously, staff representatives were the City Finance Director, and the City's Asset
Manager. Since the turn over in those two positions, no formal reappointment has been made.
Additionally, reaffirmation of a City Council representative also needs to be made. In the past
the Council representative has been J.E. DeVilbiss. Existing Board members include Jackie
Kasabach and Jenny Elliot.
DISCUSSION: Burlingame Housing Incorporated was developed to serve the seasonal needs of
the community, with primary summer use by the Music Associates of Aspen, and a number of
different entities utilizing the property during the winter months. As a solely for rent property, a
property management company is responsible for the day to day operations of the complex.
Duties of the Board of Directors are not uncommon to those of any homeowners association.
The Board is responsible for setting policy on a number of issues such as budget development
and approval, rental policies, and general site management policies.
RECOMMENDED ACTION: Staff recommends appointment of Finance Director Don
Taylor, and Assistant City Manager Bentley Henderson to the Burlingame Housing Inc. Board of
Directors. Appointment of a City Council representative is at the discretion of the City Council.
Page 1 of 2
PROPOSED MOTION: The resolution contained herein is part of the broader consent agenda;
approval to that item will include approval of this Resolution # ~- 2008.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Resolution #
Page 2 of 2
RESOLUTION No. -T~ , 2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPOINTING DON TAYLOR, BENTLEY HENDERSON AND J.E. DEVILBISS AS
DIRECTORS FOR BURLINGAME HOUSING, INC.
WHEREAS, the non-profit corporation, was duly incorporated under the laws of
the State of Colorado for the purposes, in part of providing for seasonal housing needs,
within the City of Aspen; and
WHEREAS, the articles of incorporation and bylaws for Burlingame Housing,
Inc., call for the appointment of three (3) to five (5) directors to sit as the Board of
Directors for the corporation; and
WHEREAS, two (2) members of the Board of Directors are to be appointed by
the City Council of the City of Aspen with and (2) members by the governing body of the
Music Associates of Aspen, with a fifth director (one member) to be appointed as a
representative of the City Council; and
WHEREAS, the City Council wishes to nominate and appoint Don Taylor, City
of Aspen Finance Director, and Bentley Henderson, Assistant City Manager as City of
Aspen representatives; and
WHEREAS, the City Council desires to authorize J.E. DeVilbiss, Councilperson
for the City of Aspen, to act as representative on behalf of City Council of the City of
Aspen; and
WHEREAS, being fully apprised in the matters relevant hereto,
NOW, THEREFOR, BE IT RESOVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO THAT:
(1) Bentley Henderson and Don Taylor shall be and are hereby appointed for a
term of three (3) years to the Board of Directors for Burlingame Housing,
Inc.
(2) Council Person J.E. DeVilbiss shall be and is hereby authorized to act on
behalf of City Council of the City of Aspen.
RESOLVED, APPROVED AND ADOPTED this 9th day of June, 2008, by the
City Council for the City of Aspen, Colorado.
Michael C. Ireland, Mayor
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
2008.
Kathryn S. Koch, City Clerk
vt ,;.
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
RE:
Mayor and City Council
Bentley Henderson
Steve Barwick
6-02-08
6-09-08
Burlingame Single Family Lots
REQUEST OF COUNCIL: Staff is requesting action to formalize recent decisions made
regarding the single family lots located at Burlingame Ranch.
PREVIOUS COUNCIL ACTION: Over the course of the past 2 yeazs, the City Council has
heazd the concerns expressed by the owners of the single family lots at Burlingame Ranch.
Resolution of those concerns is being addressed in two waysone, to offer additional subsidies to
those lot owners, and second, to work with the lot owners to reconsider the maximum sales price
permitted on both the vacant and developed lots.
BACKGROUND: Following the sale of seven single family lots located in Phase I of
Burlingame Ranch, in February of 2006, the new lot owners and city staff concluded that there
were going to be significant challenges associated with the development of the single family
residences at Burlingame. Challenges faced by the lot owners revolved azound two primary
obstacles, the first being the skyrocketing costs of development, and second being the fact that in
almost every case, upon completion of the unit, the owner will have more invested in the project
than the resale cap would permit them to recoup in a sale.
The first action taken by the City Council was in October of 2007 when they chose to provide an
additional subsidy for the lot owners. This subsidy effectively made the total subsidy offered the
single family lots owners equal to that allowed those purchasers multi-family units. Specifically,
the owners of a resident occupied lot were afforded a subsidy of $189,500, and for the category 6
lot owners a total $344,000. More recently, the City Council took under advisement the issue of
maximum resale caps for the single family lots. At an Apri12008 work session the City Council
was advised that during the initial establishment of the resale caps for the single family lots there
was no consideration given to annual adjustments for the caps. The City Council agreed that at
the very least, those caps should be adjusted with the same frequency and at the same rates as all
other resale caps established by the Aspen/Pitkin County Housing Authority. At that time, the lot
Page 1 of 3
owners pointed out that even with annual adjustments applied retroactively; the ability to
complete a project that falls within the limits of the cap was next to impossible.
DISCUSSION: Given all of the facts associated with the development of a single family
dwelling at Burlingame Ranch, the expenses related to the project and the limitations on resale
the City Council has concluded that additional assistance on the part of the City is necessary.
The additional assistance that has been considered is in the form of an additional subsidy, similar
to that received by a purchaser of a multifamily lot, and to increase the resale cap to coincide
with the actual cost of construction.
While the subsidy issue has been considered and discussed on a number of different occasions,
the resale cap increase is a relatively new concept in the fact that it has only been seriously
discussed (with any direction towazds a change) since mid April. Conversations have centered
primarily azound the desire to ensure that once the homeowners ha{Rcompleted their project that
they will not be in a situation v~"re if forced to sell they would not be able to recoup at the very
least their initial investment.
The basic premise of the resale cap adjustment is that the resale cap would be established as a
function of the actual cost of construction less the additional subsidy afforded the homeowner.
Verification for establishment of the cap would be the provision of records by the homeowner as
they relate to the total cost of construction on the project.
FINANCIAL/BUDGET IMPACTS: The total subsidy across 6 of the 7 single family lots will
be $1,291,500; the owner of the 7`h lot has chosen to have the city act as their developer, and the
subsidy for that unit will be built into the cost of construction and ultimate sale of the unit.
Budget Authority for a portion of the additional subsidy was appropriated in the 2008 City of
Aspen Budget at $568,500.00. The reason only a portion of the total was appropriated was the
fact that when the subsidy was originally considered, the relief was to be provided upon issuance
of a Certificate of Occupancy. Given the status of some of the projects it became evident that
only a portion would be receiving a C.O in 2008 thereby necessitating only a portion of the total
lot subsidy being appropriated. Pursuant to further discussion however, it has been concluded
that given appropriate security on the project, that there is really not~need to withhold the
additional funds.
RECOMMENDED ACTION: Staff recommends approval of Resolution #~ 2008
fonnalizing the following policies as they relate to the development of the single family lots at
Burlingame Ranch:
1. Additional subsidies as determined by APCHA category placement shall be provided to
the lot owners as follows, Category 6 - $344,000.00, and Category RO - $189,500.00.
Further, all additional subsidies will only be released to a licensed escrow agent; no
subsidy will be given directly to the homeown~r. Additionally, subsidies will only be
released contingent upon receipt by the City~a properly-executed security interest as
approved by the City Attorney.
Page 2 of 3
2. Unit resale caps shall be established on a case by case basis and shall be a function of the
total cost of construction, verified by either receipts or lending institution certification of
costs. This cap shall be reduced by the amount of the subsidy received by the particular
homeowner. For the establishment of the initial cap, homeowner "sweat equity" (the
monetary value of that work, exclusive of materials, done by the homeowner themselves),
shall not be recognized as a material addition to the value of the project. Additionally,
the resale cap for the single family lot developments shall be adjusted annually to reflect
those adjustments made by Aspen/Pitkin County Housing Authority.
PROPOSED MOTION: By adopting the Consent Calendar, you are approving Resolution #
~ly Series 2008, for the establishment/formalization of policies as they relate to additional
subsidies and resale caps for the single family lots located at Burlingame Ranch.
CITY MANAGER
a
ATTACHMENTS:
Resolution #~__
Page 3 of 3
RESOLUTION NO. 50 __ 2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
ADOPTING POLICIES AS THEY RELATE TO SINGLE FAMILY LOT SUBSIDIES
AND UNIT RESALE CAPS AT BURLINGAME RANCH AFFORDABLE HOUSING.
WHEREAS, Burlingame Ranch was established and developed by the City of
Aspen to provide for affordable housing opportunities for the workforce in Pitkin
County; and
WHEREAS, the initial offering at Burlingame Ranch was the sale of 7 single
family lots; and
WHEREAS, there were 7 qualified purchases of those lots; and
WHEREAS, shortly after the lots were purchased it became clear that rising
construction costs coupled with a fixed resale cap made development of those lots
difficult; and
WHEREAS, the City Council has concluded that given the circumstances
associated with the development of the single family lots, that additional assistance from
the city is appropriate; and
WHEREAS, the City Council has authorized staff to appropriate additional
monies for the sole purpose of providing for additional subsidies for those lot owners;
and
WEREAS, the City Council has further determined that relief in the maximum
resale price of the lot is warranted, and
WHEREAS, being fully apprised in the matters relevant hereto,
NOW, THEREFOR, BE IT RESOVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO THAT:
1. Additional subsidies for Lots 1 through 5 of Block 1, and Lots 1 and 2, Block 2
Burlingame Ranch PUD Phase I, as determined by APCHA category placement
shall be provided to the lot owners as follows, Category 6 - $344,000.00, and
Category RO - $189,500.00. Further, all additional subsidies will only be
released to a licensed escrow agent; no subsidy will be given directly to the
homeowner. Additionally, subsidies will only be released contingent upon receipt
by the City a properly executed security interest as approved by the City Attorney.
2. Unit resale caps shall be established on a case by case basis and shall be a
function of the total cost of construction, verified by either receipts or lending
institution certification of costs. This cap shall be reduced by the amount of the
subsidy received by the particulaz homeowner. For the establishment of the initial
cap, homeowner "sweat equity" (the monetary value of that work, exclusive of
materials, done by the homeowner themselves), shall not be recognized as a
material addition to the value of the project. Additionally, the resale cap for the
single family lot developments shall be adjusted annually to reflect those
adjustments made by Aspen/Pitkin County Housing Authority.
RESOLVED, APPROVED AND ADOPTED this 9th day of June, 2008, by the
City Council for the City of Aspen, Colorado.
Michael C. Ireland, Mayor
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
2008.
Kathryn S. Koch, City Clerk
Page 1 of 2
Kathryn Koch
From: Sally Spaulding
Sent: Monday, June 09, 2008 4:09 PM
To: Kathryn Koch
Subject: FW: 6/9/08 Agenda Item Vl.i Resolution #56 Finalizing Burlingame Single Family Lot Issue
For the record, sally
Sally Spaulding
Community Relations Officer
City of Aspen
130 South Galena
Aspen, CO 81611
voice: 970-920-5082
fax: 970-920-5119
web: www.asoenoitkin.com
From: Diana Godwin Ettlinger [mailto:dgodwin@krabacher.com]
Sent: Monday, June 09, 2008 3:57 PM
To: Mick Ireland; Dwayne Romero; Dwayne Romero forward; ].E. DeVilbiss; Steve Skadron; Jack Johnson
Cc: Sally Spaulding; jettlinger@sopris.net; Bentley Henderson
Subject: 6/9/08 Agenda Item VI.i Resolution #56 Finalizing Burlingame Single Family Lot Issue
Dear Mayor and City Council:
While I generally support Bentley Henderson's proposal and thank him and Council for your efforts in
moving this matter forward, I am writing to share my concerns with the language of proposed Resolution
#56, which is on tonight's consent agenda:
1. The input of unit owners has not been sought as to the wording of this resolution.
While lot owners have anxiously awaited their opportunity to provide input on the cap issue, we received
the staffs resolution and proposal late Friday afternoon and have not been provided with any opportunity
to meet with staff since the council work session on April 15 to discuss our concerns and provide input.
Resolution paragraph 3 formalizes the City Council's approval of a Lot Owner subsidy in March, 2007, it
does not recite the details relating to the escrow, the required security interest, and the timing of the release
of the subsidy. Several owners have requested that the subsidy be released prior to issuance of a certificate
of occupancy and this language is not clear as to the time frame and guidelines for issuance of the subsidy.
Resolution paragraph 4 states that "Unit resale caps shall be established on a case by case basis and shall
be a function of the total cost of construction, verified by either receipts or lending institution certification of
costs. This cap shall be reduced by the amount of the subsidy received by the particular homeowner."
This language is vague and could result in arbitrary application of the cap to different owners. The
language does not address a number of outstanding items which should be included, such as:
a. Lot cost
b. Permit and tap fees
a Carrying costs
d. Landscaping
e. Architects, engineers, consultants
If it is the intent of Council to include these items in the resale cap, the following is an example of
some language that might be more clear:
6/9/2008
Page 2 of 2
"Resale caps shall be established for each Lot using the following formula: total cost of acquisition of the
lot plus the cost of permit and tap fees plus the costs of construction of all improvements on the Lot,
including but not limited to architect, engineer, consultant and general contractor fees and the costs of labor
and materials for buildings, landscaping, hardscaping and related infrastructure, plus carrying costs from the
date of purchase, minus amount of subsidy received for the Lot."
£ Is the cap established at the time of the certificate of occupancy, and is it re-established later when an
owner builds out a basement or garage to the maximum permitted square footage for this project?
g. Is the reference to an annual APCHA adjustment a reference to the CPI increase? Perhaps the
APCHA guidelines need to apply for both CPI increase and permitted capital improvements. The Housing
Authority may need to be directed to adjust our deed restrictions in order to comply with Council's
resolution, since currently the deed restrictions are more restrictive than the standards proposed by staff:
3. The resolution does not address the subsidy tax issue. We have not received any information from
staff as to the status of this issue.
It is prime construction season and we remain unable to proceedwith our projects without certainty with regard to the above
issues. We are anxiously awaiting resolution of these matters and respectfully request that this item is rescheduled to be
addressed at the next Council meeting with direction to staff to clarify the language of the resolution to address the above issues:
Respectfully submitted,
Diana Ettlinger
6/9/2008
MEMORANDUM
TO: Mayor and City Council
FROM: Phil Overender, Public Works Director
CC: Steve Barwick, City Manager
DATE OF MEMO: Juue 2, 2008
MEETING DATE: June 9, 2008
RE: Tiered Electric Rate Study -
Contract Award to Red OakConsulting
Vf~
REQUEST OF COUNCIL: Award of this contract to Red Oak Consulting will provide for
completion of a tiered rate study for municipal electric customers. The goal of this study is to
provide a rate system of electric rates that will encourage energy conservation and potentially
provide for additional revenue sources to pay for expanded renewable energy projects.
PREVIOUS COUNCIL ACTION: During an Apri17 work session, Council reviewed data
regarding the existing system of electric rates and directed staff to complete a study on potential
revisions to the rates to meet the objectives outlined above.
BACKGROUND: In 2005 and 2006, City Council approved new rate systems for both the
water and electric utilities. While both new systems provide for an inverted block rate structure
to encourage conservation, only the water utility has experienced significant reductions in usage
that can be attributed to these changes. During the work session Council expressed a desire to
develop a rate study that will make a significant contribution to reduction of electric usage,
thereby assisting in meeting the goals of the Canary Action Plan.
DISCUSSION: Based on a review of the current rate system during the recent work session,
Council asked for a detailed work plan. The cost of the work plan is estimated at $35,400. This
project is a new work item which was not included in the 2008 budget.
FINANCIAL/BUDGET IMPACTS: There are no existing appropriations to complete this
work. Approval of the contract would be contingent on a supplemental budget appropriation of
$35,400. The cost of the study would be recovered through electric rates. Minor revisions of the
electric rates are required in any event, because electric sales did not match expected increases in
sales volume during 2007. Additional electric sales were anticipated for expansion of the electric
service outside of area historically served by Aspen electric. Changes in project schedules
Page t of 2
require adjustment to the long range plan, capital expenditures and purchased power costs. Each
of these in turn affects electric rates under a "status quo" circumstance, without implementation
of a system for conservation rates.
ENVIRONMENTAL IMPACTS: Completion of the study itself will not have any
environmental consequences. However, it is the goal of the study to establish incentives for
energy conservation that will make a significant contribution to meeting the Canary Action Plan
goals for the electric sector. This would be accomplished through both energy conservation and
potentially through acquisition of new renewable energy sources.
RECOMMENDED ACTION: Staff recommends approval of the contract with Red Oak
Consulting.
ALTERNATIVES: If this study is not accepted, it would be required to review the electric rates
for the "status quo" circumstance described under FinancialBudget Impacts.
PROPOSED MOTION: I move to approve Resolution No. ~/
CITY MANAGER
ATTACHMENTS:
Page 2 of 2
RESOLUTION # ~~
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND RED OAK CONSULTING A DIVISION OF
MALCOM PIRNIE SETTING FORTH THE TERMS AND CONDITIONS
REGARDING WATER RATE STUDY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Red Oak Consulting A Division Of
Malcom Pirnie, a copy of which contract is annexed 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 that contract
between the City of Aspen, Colorado, and Red Oak Consulting A Division Of
Malcom Pirnie regarding water rate study 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:
Michael C. Ireland, Mayor
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 June 9, 2008
Kathryn S. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Red Oak Consulting, a division of Malcom Pirnie, ("Profession-
al"
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scone of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Professional shall commence work immediately upon receipt of a
written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work in
a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed
no later than November 1, 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.
3. Payment. In consideration of the work performed, City shall pay Professional on a
time and expense basis for all work performed. The hourly rates for work performed by Professional
shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise
mutually agreed to by the parties the payments made to Professional shall not initially exceed
$34,500.00. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the
matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assienability. 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 may be due to any sub-contractor.
5. Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying
PSI-971.doc Page I
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 prepazed 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
Ciry from the Professional may be determined.
6. Covenant Aeainst 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 awazd or making of this contract.
7. Indenendent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be constmed 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.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part
by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional,
any subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor of
the Professional. The Professional agrees to investigate, handle, respond to, and to provide 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
PS1-971.doc Page 2
incurred by the City in connection with, any such liability, claims, or demands. If it is determined by
the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused
in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the
City shall reimburse the Professional for the portion of the judgment attributable to such act,
omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall
be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any 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 perfom~ance of work under this contract, and
Employers' Liability insurance with minimum limits of FNE 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 Liablllry insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggegate. 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 occunrence 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
PS1-971.doc Page3
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 tamed 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, conditions, and minimum
limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify this contract and shall provide that the coverages afforded under the policies shall not be
canceled, terminated or materially changed 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 seg., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIItSA
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.
PS1-971.doc Page 4
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt requested,
to:
City: Professional:
City Manager John Gallagher
City of Aspen Red Oak Consulting
130 South Galena Street 100 Fillmore Street, Suite 200
Aspen, Colorado 81611 Denver, CO 80206
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and, until
complete performance by Professional of said term, covenant or condition, the City shall be entitled
to invoke any remedy available to it under this Agreement or by law despite any such forbearance or
indulgence.
15. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this agreement shall not be binding upon the City unless
duly executed by the 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. Illeeal Aliens -CRS 8-17.5-101 & 24-76.5-101.
a. Pu 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
PSl-97Ldoc Page 5
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.
(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
PSI-971.doc Page 6
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 arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal
PS1-971.doc Page 7
law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
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, 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.
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
ATTESTED BY:
WITNESSED BY:
CITY OF ASPEN, COLORADO
By:
Title:
Date:
PROFESSIONAL:
RED OAK CONSULTING
By: ~~~~~
Title: ~CI ~ G)~7~(~~ 1~
Date: J~~ p J V p
PS1-971.doc
Page 9
EXHIBIT "A" to Professional Services Agreement
Scope of Work
BASIC SCOPE OF SERVICES
This section describes the tasks that Red Oak will undertake to meet your requirements.
In preparing our work plan, we have assumed that Cdy representatives will be available
for meetings and data colkdion and will provide policy dQection and titnely review
comments on interittt fmdings.
Tank 1.0 - ICickoD' Meeting ®d Data Acgaisiition
I.I Meet with City reprosentatives to confirm study objectives, expectatiore,
schedule, and review data request list.
1.2 Red Oak will present interim analysis of rates and electric customer
characteristics to Crty Council. Customer characteristics to be roviewed
include:
• Percent water utility customers billed by block
• Percent water ufilrty revenues billed by block
• Percent electric utility customers billed by block by class
• Percent electric utilities revenues billed by bock by class
• Comparison of historical and forecast effigy demand
1.3 Red Oak will provide a data request list detailing information needed to
cotnplete the study.
Teak 2.0 -Cant and Customer Analysis
2.1 Classification of Costs. Red Oak will review and classify operating sod non-
operatingcosts vdo activity centers. Activity centers may include:
a. Administration
b. Power Generation
c. Pwchased Power
d. Distribution
e. Miscellaneous engineerutg
Prepared 6y Red Oak Cpuuking
Page 1 of 4
April 30, 2008
PS1-971.doc
Page 10
2.2 Allocation of Costs to Functional Components. Red Oak will allocate activity
center costs to functional cost componerrts based on the classifications listed in
task 2.1. Functional cost componerds include: energy use, peak energy use, and
customer related costs.
2.3 Unit Costs. Red Oak will calculate unit costs for each functional cost
component based on allocations development in tasks 2.1 and 2.2.
2.4 Allocation of Costs to Customer Classes. Red Oak will review demand
characteristics for each customer class to develop units of service. Customer
class units of service include energy use, and peak energy use. Unit cost will be
applied to each customer class unit of service to develop customer class costs.
Class costs will be used in the design of customer class specific rates.
2.5 Technical Memorandum. Red Oak will prepare a memorandum summarizing
the findings and recommendations of the customer analysis for the City's
review.
Task 3.0 -Rate Design
3.1 Rate Alternatives. With assistance from Staff, Red Oak will identify 3 rate
alternatives for the energy chazge and 2 alternatives for the availability chazge.
The availability chazge alternatives may include:
• Monthly chazge that vazies by customer class
• Monthly charge that vazies by size of service (amperage)
The energy chazge ahematives may include up to 5 blocks and may include:
• Inaeasing block stmcture that vazies by customer class
• Increasing block structure forthe combined residential and small
commercial class.
• Increasing block structure that varies by customer class with thresholds
dependent on size of customer
• Increasing block stmcture forthe combined residential and small
commercial class with thresholds dependent on size of customer.
Red Oak will review with staff and propose block thresholds and rate factors for
the selected energy rate structure.
Prepared by Red Oak Consulting
Page2of4
April 30, 2008
PS1-971.doc Page II
3.2 The rate structure selected in Task 3.1 will be applied to develop rates to
recover 2009 revenue requirements.
3.3 Rate Impacts. Red Oak will prepaze analysis detailing the effect of rate
alternatives on customers' mo~rthly bills.
3.4 TechnicaZMemorandum. Prior to the rate design workshop, Red Oak will
prepaze a compazison of the rate alternatives for review by the City.
3.5 Rate Design Workshop. Red Oak will meet with City staffto discuss
preliminary rate fmdings, and, as necessary, incorporate any changes.
Task 4.0 -Electric Rate Survey
4.1 Electric Rate Survey. Red Oak will survey up to 10 electric utilities with
conservation initiatives for compazison of rates, tier thresholds, tier rate
differentials, and number of tiers. The survey will cover the residential
customer class and commercial customer class. Special contract, lazge
commercial/industrial customer classes will be excluded from the survey.
Task 5.0 -Reporting and Council Meeting Attendance
5.1 Reporting. A draft report will be prepazed that documents the analyses,
assumptions, and considerations of the electric rate study, including the
financial plan results, customer cost analysis, and the results of rate design.
Following the CBy's review, the draft report will be modified to reflect
commems received from City staff and a fmal report will be issued. Red Oak
will provide 10 copies of the fmal report to the City.
5.2 Meetng Attendance. Red Oak will attend one City Council meeting to present
fmdings to the public.
Red Oak anticipates a total of three meetings to be held during the study. This scope
identifies the following meetings:
1. Kickoffmeeting/Council workshop -Meeting was held on
April 7a, 2008
2. Rate Design workshop
3. City Council meeting
Prepared by Red Oak Consulting
Page 3 of 4
April 30, 2008
PS1-971.doc Page 12
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
Estimated Fee
Red Oak proposes a lump sum fee of $35,400 to complete the proposed scope of services.
Task Hours Percent
KickofYMeetin 72 30%
Cost and Customer Anal sis 60 25%
Rate Design and Workshop 62 26%
Electric Rate Swve 19 8%
Re ort and Council Meetin s 24 11%
Total 237 100%
Supplemental Services
Supplemental tasks to those included in the Basic Scope of Services may be requested by
the City dwing the study. Red Oak will perform these services upon written
authorization from the City. Such services may include, but not be limited to, the
following tasks:
• Design rate structwe with greater than 5 blocks
• Design more than 3 energy charge rate structure alternatives and more than 2
availability charge structwes
• Attendance at more than 3 meetings
PS1-971.doc Page 13
Amendment to the Professional Services Agreement
The Professional Services Agreement has been amended as follows:
Original:
8. Indemnification. Professional agrees to indemnify and hold harmless the
City, its officers, employees, insurers, and self-insurance pool, from and against all
liability, claims, and demands, on account of injury, loss, or damage, including without
limitation claims arising from bodily injury, personal injury, sickness, disease, death,
property loss or damage, or any other loss of any kind whatsoever, which arise out of or
are in any manner connected with this contract, if such injury, loss, or damage is caused
in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission,
error, professional error, mistake, negligence, or other fault of the Professional, any
subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee
of any subcontractor of the Professional. The Professional agrees to investigate, handle,
respond to, and to provide 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 Ciry, 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.
Amended to:
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims,
and demands, on account of injury, loss, or damage, including without limitation claims
arising from bodily injury, personal injury, sickness, disease, death, property loss or damage,
or any other loss of any kind whatsoever, which arise out of or are in any manner connected
with this contract, if such injury, loss, or damage is caused in whole or in part by, or is
claimed to be caused in whole or in part by, the negligent 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 Ciry for
the defense costs incurred by the Ciry 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 Ciry shall reimburse the Professional for
PS1-971.doc Page 14
the portion of the judgment attributable to such act, omission, or other fault of the City, its
officers, or employees.
Original:
(c) The policy or policies required above shall be endorsed to include the City and
the City's officers and employees as additional insureds. Every policy required above shall
be primary insurance, and any insurance carried by the City, its officers or employees, or
carried by or provided through any insurance pool of the City, shall be excess and not
contributory insurance to that provided by Professional. No additional insured endorsement
to the policy required above shall contain any exclusion for bodily injury or property damage
arising from completed operations. The Professional shall be solely responsible for any
deductible losses under any policy required above.
Amended to:
(c) The policy or policies required above shall be endorsed to include the City and
the City's officers and employees as additional insureds except for worker's wmpensation
and professional insurance. Every policy required above shall be primary insurance, and any
insurance carved by the City, its officers or employees, or carved 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.
PSI-971.doc Page 15
VI K
MEMORANDUM
TO: Mayor and City Council
FROM: Austin Weiss, Trails Coordinator ~~
THRU: Stephen Ellsperman, Parks and Open Space Director
DATE OF MEMO: June 2, 2008
MEETING DATE: June 9, 2008
RE: Trail Overlays Contract
REQUEST OF COUNCIL: The Parks Department is requesting approval of a contract with
Elam Construction for $47,778.00 for pedestrian trail overlays and repairs.
PREVIOUS COUNCIL ACTION: In November of 2007 the 2008 Parks Department Budget
was approved which included $50,000 for trail overlays.
DISCUSSION: The City of Aspen Parks Department maintains over 20 miles of pedestrian and
bike trails throughout the City. Almost 1/2 of these trails is made of Asphalt and requires
periodic overlays to maintain a smooth and safe surface. The asphalt will deteriorate over time
due to numerous factors including: melUfreeze, snow removal, overall use, tree roots,
construction impacts and age. This deterioration shows up in the form of cracks, bumps, and
general rough surfaces that can pose a safety threat to trail users and can affect the overall trail
experience. It is critical that this maintenance occur each yeaz to stay on top of item before
serious safety issues develop. This is an ongoing capital maintenance need for trails and is in the
Parks budget each year.
FINANCIAL/BUDGET IMPACTS: The overlay contract with Elam Construction is for
$47,778.00. The Pazks Department budget has $50,000.00 specifically for trail overlays for
2008.
ENVIRONMENTAL IMPACTS: Keeping the pedestrian trails in good shape encourages
alternative transportation and thus contributes to a reduction of air and noise pollution.
RECOMMENDED ACTION: Pazks Staff recommends approval of the funding for the asphalt
contract.
Page 1 of 2
ALTERNATIVES: Council could decide not to approve the contract in which case the trails
could remain as they are today. The main concern regarding non-approval of this contract is the
potential safety hazards that are appearing on areas of the trails that are deteriorating.
PROPOSED MOTION: "I move to approve Resolution # ~ "
CITY MANAGER
ATTACHMENTS:\
A -Contract with Elam Construction
Page 2 of 2
RESOLUTION # .~ O
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND ELAM CONSTRUCTION INC. SETTING FORTH
THE TERMS AND CONDITIONS REGARDING TRAIL OVERLAYSAND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Elam Construction Inc., a copy of
which contract is annexed 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 that contract
between the City of Aspen, Colorado, and Elam Construction Inc. regarding trail
overlays 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:
Michael C. Ireland, Mayor
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 June 9, 2008.
Kathryn S. Koch, City Clerk
ih~ Clty of Aspen
CONTRACT FOR CONSTRUCTION
(Short Form)
THIS CONTRACT, made and entered into on May 7, 2008 by and between the CITY
OF ASPEN, Colorado, hereinafter called the "City", and Elam Construction, Inc.,
hereinafter called the "Contractor".
THEREFORE, in consideration of the mutual covenants and Contracts herein contained,
and for other good and valuable consideration, the receipt and adequacy of which aze
hereby acknowledged, the parties hereto hereby agree as follows:
1. Construction of Project. Contractor agrees to furnish all labor, materials,
tools, machinery, equipment, temporazy utilities, transportation and any other facilities
needed therefor, and to complete in a good, workmanlike and substantial manner the
Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit
"A" which is incorporated herein as if fully set forth (the "Project").
2. Plans and Specifications; Compliance with Laws. The Project is to be
constructed and completed in strict conformance with the Scope of Work and/or Proposal
appended hereto for the same approved in writing by the parties hereto. The Project shall
also be constructed and completed in strict compliance with all laws, ordinances, rules,
regulations of all applicable governmental authorities, and the City of Aspen Procurement
Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-
08-040. Contractor shall apply for and obtain all required permits and licenses and shall
pay all fees therefor and all other fees required by such governmental authorities.
3. Payments to Contractor. In consideration of the covenants and
Contracts herein contained being performed and kept by Contractor, including the
supplying of all labor, materials and services required by this Contract, and the
construction and completion of the Project, City agrees to pay Contractor a sum not to
exceed Forty Seven Thousand Seven Hundred Seventy Eight Dollazs ($47,778.00)
DOLLARS or as shown on Exhibit "A".
4. Commencement and Completion. Contractor agrees to commence work
hereunder immediately upon execution hereof, to prosecute said work thereafter
diligently and continuously to completion, and in any and all events to substantially
complete the same not later than ~ °°~ 1 subject to such delays as are
permissible under the "Extension of Tim for om`C pleti n" section of this Contract.
5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills
and charges for material, labor, machinery, equipment or any other service or facility
CC5-971.doc Page: I
used in connection with or arising out of the Project, and shall obtain periodic releases
from all subcontractors and material suppliers supplying labor or materials to the Project
concurrently with Contractor's delivering any payment to such subcontractors and
material suppliers. Contractor shall indemnify and hold City and City's officers,
employees, agents, successors and assigns free and harmless against all expenses and
liability suffered or incurred in connection with the claims of any such subcontractors or
material suppliers, including but not limited to court costs and attorney's fees resulting or
arising therefrom; provided that Contractor shall be excused from this obligation to the
extent that City is in arrears in making the payments to Contractor. Should any liens or
claims of lien be filed of record against the Property, or should Contractor receive notice
of any unpaid bill or charge in connection with construction of the Project, Contractor
shall immediately either pay and discharge the same and cause the same to be released of
record, or shall famish City with the proper indemnity either by title policy or by
corporate surety bond in the amount of 150% of the amount claimed pursuant to such
lien.
6. Releases. Contractor shall, if requested by City, before being entitled to
receive any payment due, furnish to City all releases obtained from subcontractors and
material suppliers and copies of all bills paid to such date, properly receipted and
identified, covering work done and the materials furnished to the Project and showing an
expenditure of an amount not less than the total of all previous payments made hereunder
by City to Contractor.
7. Bonds. Contractor shall furnish performance, payment and maintenance
Bonds, each in an amount specified. These Bonds shall remain in effect until the job is
advertised and closed except for the Maintenance Bond which shall remain in full force
and effect for One Year from the date of project closure, except as otherwise provided by
the Contract Documents.
8. Hierarchy of Project Documents. This Contract and the Proposal or Scope
of Work appended hereto as Exhibit "A" are intended to supplement one another. In
case of conflict, however, this Contract shall control both.
9. Changes in the Work. Should the City at any time during the progress of
the work request any modifications, alterations or deviations in, additions to, or
omissions from this Contract or the ProposaUScope of Work, it shall be at liberty to do
so, and the same shall in no way affect or make void this Contract; but the amount thereof
shall be amortized over the remaining term of this Contract and added to or deducted, as
the case maybe, from the payments set forth in Pazagraph 3 above by a fair and
reasonable valuation, based upon the actual cost of labor and materials. This Contract
shall be deemed to be completed when the work is finished in accordance with the
original Proposal or Scope of Work as amended or modified by such changes, whatever
may be the nature or the extent thereof. The rule of practice to be observed in fulfillment
of this paragraph shall be that, upon the demand of either City or Contractor, the
character and valuation of any or all changes, omissions or extra work shall be agreed
upon and fixed in writing, signed by City and Contractor, prior to performance.
CCS-971.doc Page: 2
10. Contractor's Failure to Perform. Should Contractor, at any time during
the progress of the work, refuse or fail to supply sufficient material or workmen for the
expeditious progress of said work or fail to perform any other provisions of this Contract,
City may, upon giving notice in writing to Contractor as provided herein and upon
Contractor's failure to remedy any such failure within 3 days from receipt of such notice,
terminate this Contract and provide the necessary material and workmen to finish the
work and may enter upon the Property for such purpose and complete said work. The
expense thereof shall be deducted from the payments remaining under Paragraph 3
above, or if the total cost of the work to City exceeds the amount of such remaining
payments, Contractor shall pay to City upon demand the amount of such excess in
addition to any and all other damages to which City maybe entitled. In the event of such
termination, City may take possession of all materials, equipment and appliances
belonging to Contractor upon or adjacent to the Property upon which said work is being
performed and may use the same in the completion of said work. Such termination shall
not prejudice or be exclusive of any other legal rights which City may have against
Contractor.
11. Extension of Time for Completion. Time is of the essence of this
Contract and Contractor shall substantially complete the work during the time provided
for herein. However, the time during which Contractor is delayed in said work by (a) the
acts of City or its agents or employees or those claiming under Contract with or
permission from City, or (b) the acts of God which Contractor could not have reasonably
foreseen and provided against, or (c) unanticipated stormy or inclement weather which
necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by
employees or labor organizations and which are beyond the control of Contractor and
which it cannot reasonably overcome, or (e) the failure of City to make progress
payments promptly, shall be added to the time for completion of the work by a fair and
reasonable allowance. Contractor recognizes, however, that the site of the work is in the
Rocky Mountains at a high elevation where inclement whether conditions are common.
This fact has been considered by Contractor in prepazing its Proposal and or agreeing to
the Scope of Work. Furthermore, Contractor shall have the right to stop work if any
payment, including payment for extra work, is not made to Contractor as provided in this
Contract. In the event of such nonpayment, Contractor may keep the job idle until all
payments then due are received.
12. Unforeseen Conditions. It is understood and agreed that Contractor,
before incurring any other expenses or purchasing any other materials for the Project,
shall proceed to inspect the work site and all visible conditions and that if, at the time of
inspection therefor, the Contractor finds that the proposed work is at variance with the
conditions indicated by the Proposal, Scope of Work, or information supplied by City, or
should Contractor encounter physical conditions below the surface of the ground of an
unusual nature, differing materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Contract or inherent
in a work site located in the Rocky Mountains, Contractor shall so notify City, and City
shall at that time have the right and option to immediately cancel and terminate this
CCS-971.doc Page: 3
Contractor to instruct Contractor to continue the work and add the additional amount
attributable to such unforeseen conditions to the payments due Contractor as set forth
above.
It is agreed that in the event of any cancellation by City in accordance with this section,
Contractor shall be paid the actual costs of the work done prior to the time of
cancellation. In computing such costs, building permit fees, insurance and such financing
and title charges as are not refundable shall be included; provided that supervision time,
office overhead and profit shall not be included in such costs to be refunded to Contractor
by reason of such cancellation.
13. Acceptance by City. No payment hereunder nor occupancy of said
improvements or any part thereof shall be construed as an acceptance of any work done
up to the time of such payment or occupancy, but the entire work is to be subject to the
inspection and approval of City at the time when Contractor notifies City that the Project
has been completed.
14. Notice of Completion; Contractor's Release. City agrees to sign and file of
record within five (5) days after the substantial completion and acceptance of the Project
a Notice of Completion. If City fails to so record the Notice of Completion within said
five (5) day period, City hereby appoints Contractor as City's agent to sign and record
such Notice of Completion on City's behalf. This agency is irrevocable and is an agency
coupled with an interest. Contractor agrees upon receipt of final payment to release the
Project and property from any and all claims that may have accrued against the same by
reason of said construction. If Contractor faithfully performs the obligations of this
Contract on its part to be performed, it shall have the right to refuse to permit occupancy
of any structures by City or City's assignees or agents until the Notice of Completion has
been recorded and Contractor has received the payment, if any, due hereunder at
completion of construction, less such amounts as may be retained pursuant to mutual
Contract of City and Contractor under the provisions of Paragraph 3 above.
15. Insurance.
a. The Contractor 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 Contractor pursuant to the terms of this Contract. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law.
The Contractor shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to the terms of this Contract 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. Contractor shall procure and maintain, and shall cause any subcontractor of
the Contractor to procure and maintain, the minimum insurance coverages listed in the
Supplemental Conditions. If the Supplemental Conditions do no[ set forth minimum
insurance coverage, then the minimum coverage shall be as set forth below. Such coverage
CCS-971.dac Page: 4
shall be procured and maintained with forms and insurance acceptable to City. All coverage
shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of
any claims-made policy, the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
1. Workmen's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of FNE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FNE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease -policy limit, and
FNE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each
employee. Evidence of qualified self-insured status maybe substituted for the
Workmen's Compensation requirements of this pazagraph.
2. Commercial General Liability insurance with minhnum combined
single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and
ONE MII.LION 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 include coverage for explosion, collapse, and underground hazazds. The policy
shall contain a severability of interests provision.
3. Comprehensive Automobile Liability insurance with minimum
combined single limits for bodily injury and property damage of not less than ONE
MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned,
hired and non-owned vehicles assigned to or used in performance of the services.
The policy shall contain a severability of interests provision. ff the Contractor has no
owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each
employee of the Contractor providing services to the City under this contract.
c. Except for any Professional Liability insurance that may be required, the
policy or policies required above shall be endorsed to include the City of Aspen and the City
of Aspen's officers and employees as additional insureds. Every policy required above shall
be primary insurance, and any insurance carried by the City of Aspen, its officers or
employees, or carried by or provided through any insurance pool of the City of Aspen, shall
be excess and not contributory insurance to that provided by Contractor. No additional
insured endorsement to the policy required above shall contain any exclusion for bodily
injury or property damage arising from completed operations. The Contractor shall be solely
responsible for any deductible losses under any policy required above.
d. The certificate of insurance provided by the City of Aspen shall be
completed by the Contractor's insurance agent as evidence that policies providing the
CCS-971.doc Page: 5
required coverage, conditions, and minimum limits aze in full force and effect, and shall be
reviewed and approved by the City of Aspen prior to commencement of the contract. No
other form of certificate shall be used. The certificate shall identify this contract and shall
provide that the coverage 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 of Aspen.
clauses:
e. In addition, these Certificates of Insurance shall contain the following
Underwriters and issuers shall have no right of recovery or subrogation against the
City of Aspen, it being the intention of the parties that the insurance policies so
effected shall protect all parties and be primary coverage for any and all losses
covered by the above-described insurance. To the extent that the City's insurer(s)
may become liable for secondary or excess coverage, the City's underwriters and
insurers shall have no right of recovery or subrogation against the Contractor.
Underwriters and issuers shall have no right of recovery or subrogation against the
City of Aspen, it being the intention of the parties that the insurance policies so
effected shall protect all parties and be primary coverage for any and all losses
covered by the above-described insurance. To the extent that the City's insurer(s)
may become liable for secondary or excess coverage, the City's underwriters and
insurers shall have no right of recovery or subrogation against the
Contractor.Underwriters and issuers shall have no right of recovery or subrogation
against the City of Aspen, it being the intention of the parties that the insurance
policies so effected shall protect all parties and be primary coverage for any and all
losses covered by the above-described insurance. To the extent that the City's
insurer(s) may become liable for secondary or excess coverage, the City's
underwriters and insurers shall have no right of recovery or subrogation against the
Contractor.
The insurance companies issuing the policy or policies shall have no recourse
against the City of Aspen for payment of any premiums or for assessments under
any form of policy. The insurance companies issuing the policy or policies shall
have no recourse against the City of Aspen for payment of any premiums or for
assessments under any form of policy.The insurance companies issuing the policy or
policies shall have no recourse against the City of Aspen for payment of any
premiums or for assessments under any form of policy.
Any and all deductibles in the above-described insurance policies shall be assumed
by and be for the amount of, and at the sole risk of the Proposer. Any and all
deductibles in the above-described insurance policies shall be assumed by and be for
the amount of, and at the sole risk of the Proposer.Any and all deductibles in the
above-described insurance policies shall be assumed by and be for the amount of,
and at the sole risk of the Proposer.
CCS-971.dw Page: 6
Location of operations shall be: "All operations and locations at which work in
connection with the referenced project is done." Location of operations shall be:
"All operations and locations at which work in connection with the referenced
project is done."Location of operations shall be: "All operations and locations at
which work in connection with the referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to the Architect at
least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the
expiration date of this Contract or thereafter.
e. Failure on the part of the Contractor to procure or maintain policies
providing the required coverage, 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. All moneys so paid by
City shall be repaid by Contractor to City upon demand, or City may offset the cost of the
premiums against moneys due to Contractor from City.
f. City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
16. Damage or Destruction. If the Project is destroyed or damaged by any
accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or
vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid
for by City as extra work under Paragraph 8 above. If, however, the estimated cost of
replacement of the work already completed by Contractor exceeds twenty (20%) percent
of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel
this Contract and, in such event, Contractor shall be paid the reasonable cost, including
net profit to Contractor in the amount often (10%) percent, of all work performed by
Contractor before such cancellation.
17. Notices. Any notice which any party is required or may desire to give to any
other party shall be in writing and maybe personally delivered or given or made by
United States mail addressed as follows:
CCS-97Ldoc Page: 7
To City:
Austin Weiss
City of Aspen Parks Department
130 South Galena Street
Aspen, CO 81611
To Contractor:
Elam Construction
PO Box 13
Woody Creek, CO 81656
subject to the right of either party to designate a different address for itself by notice
similarly given. Any notice so given, delivered or made by United States mail, shall be
deemed to have been given the same day as transmitted by telecopier or delivered
personally, one day after consignment to overnight courier service such as Federal
Express, or two days after the deposit in the United States mail as registered or certified
matter, addressed as above provided, with postage thereon fully prepaid.
18. Inspections; Warranties.
(a) Contractor shall conduct an inspection of the Project prior to final acceptance
of the work with City.
(b) Contractor shall schedule and cause to be performed all corrective activities
necessitated as a result of any deficiencies noted on the final inspection prior to
acceptance. The costs of material and/or labor incurred in connection with such
corrective activities shall not be reimbursed or otherwise paid to Contractor.
(c) Contractor shall obtain, at City's expense, third party warranty contracts (to be
entered into by City).
19. Licensure of Contractor. Contractor hereby represents and warrants to
City that Contractor is duly licensed as a general contractor in the State of Colorado, and
if applicable, in the County of Pitkin.
20. Independent Contractor. It is expressly acknowledged and understood by
the parties that nothing in this Contract shall result in, or be construed as establishing an
employment relationship. The Contractor shall be, and shall perform as, an independent the
Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No
agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the
employee, agent or servant of the City. The City is interested only in the results obtained
under the Contract Documents. The manner and means of conducting the Work are under
CCS-971.doc Page:B
the sole control of the Contractor. None of the benefits provided by the City to its employees
including, but not limited to, worker's compensation insurance and unemployment
insurance, are available from the City to the employees, agents or servants of the Contractor.
The Contractor shall be solely and entirely responsible for its acts and for the acts of the
Contractor's agents, employees, servants and subcontractors during the performance of the
Contract.
THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE
ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE
OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS
EARNED PURSUANT TO THE CONTRACT.
21. Assignment. This Contract is for the personal services of Contractor.
Contractor shall not transfer or assign this Contract or its rights and responsibilities under
this Contract nor subcontract to others its rights and responsibilities under this Contract,
and any attempt to do so shall be void and constitute a material breach of this Contract.
22. Successors and Assigns. Subject to paragraph 22, above, this Contract
shall be binding on, and shall inure to the benefit of, City and Contractor and their
respective successors and assigns.
23. Entire Contract. This Contract contains the entire Contract between City
and Contractor respecting the matters set forth herein and supersedes all prior Contracts
between City and Contractor respecting such matters.
24. Waivers. No waiver by City or Contractor of any default by the other or
of any event, circumstance or condition permitting either to terminate this Contract shall
constitute a waiver of any other default or other such event, circumstance or condition,
whether of the same or of any other nature or type and whether preceding, concurrent or
succeeding; and no failure or delay by either City or Contractor to exercise any right
arising by reason of any default by the other shall prevent the exercise of such right while
the defaulting party continues in default, and no waiver of any default shall operate as a
waiver of any other default or as a modification of this Contract.
25. Remedies Non-Exclusive. No remedy conferred on either party to this
Contract shall be exclusive of any other remedy herein or by law provided or permitted,
but each shall be cumulative and shall be in addition to every other remedy.
26. Governing Law. This Contract shall be governed by, and construed in
accordance with, the laws of the State of Colorado. Venue for any action at law or equity
shall be Pitkin County.
27. Attorneys' Fees. If either party to this Contract shall institute any action
or proceeding to enforce any right, remedy or provision contained in this Contract, the
prevailing party in such action shall be entitled to receive its attorneys' fees in connection
with such action from the non-prevailing party.
CC5-971.doc Page: 9
28. Severability. Any provision in this Contract which is held to be
inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid
without affecting the remaining provisions, and to this end the provisions of this Contract
are declared to be severable.
29. Nondiscrimination. During the performance of this Contract, the
Contractor agrees as follows: The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin, age, marital
status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Viet
Nam era veteran. The Contractor will take affirmative action to insure that applicants are
employed, and that employees are treated during employment without regazd to their race,
color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a
disadvantaged person, or a disabled or Viet Nam era veteran. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
30. Prohibited Interest. No member, officer, or employee of the City of
Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or
indirect, in this Contract or the proceeds thereof.
31. Warranties Against Contingent Fees, Gratuities, Kickbacks and
Conflict of Interest:
a. The Contractor warrants that no person or selling agency has been employed
or retained to solicit or secure this Contract upon an Contract or understanding for a
commission, percentage, brokerage, or contingency fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business.
b. The Contractor agrees not to give any employee or former employee of the
City a gratuity or any offer of employment in connection with any decision, approval,
disapproval, recommendation, preparation of any part of a program requirement or a
purchase request, influencing the wntent of any specification or procurement standazd,
rendering of advice, investigation, auditing, or in any other advisory capacity in any
proceeding or application, request for ruling, determination, claim or controversy, or other
particular matter, pertaining to this Contract or to any solicitation or proposal therefor.
c. It shall be a material breach of the Contract for any payment, gratuity, or
offer of employment to be made by or on behalf of a Subcontractor under a contract to the
prime Contractor or higher tier Subcontractor or any person associated therewith, as an
inducement for the award of a Subcontract or order. The Contractor is prohibited from
inducing, by any means, any person employed under this Contract to give up any part of the
CCS-971.dce Page: 10
compensation to which helshe is otherwise entitled. The Contractor shall comply with all
applicable local, state and federal "anti-kickback" statutes or regulations.
32. Payments Subject to Annual Appropriations. If the contract awarded
extends beyond the calendar year, nothing herein shall be construed as an obligation by the
City beyond any amounts that maybe, from time to time, appropriated by the City on an
annual basis. It is understood that payment under any contract is conditional upon annual
appropriation of funds by said governing body and that before providing services, the
Contractor, if it so requests, will be advised as to the status of funds appropriated for
services or materials and shall not be obligated to provide services or materials for which
funds have not been appropriate.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTESTED BY:
ATTESTED BY:
CITY OF ASPEN, COLORADO
CONTRACTOR:
~~---- ~ C~ ~-
Jason D. Cates, Secretary/Treasurer
By: / '~~
Stephen J. Kaspar
Tltle: precirlent
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicate title.
CCS-971.dce Page: 11
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF Colorado )
SS.
COUNTY OF Mesa )
On this 15th day of May , 20 os ,before
me appeared
Stephen J. Kaspar ,to me
personally known, who, being by me first duly sworn, did say that s/he is
President pf
Elam Construction, Inc. and that
the seal affixed to said instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed in behalf of said corporation by
authority of its board of directors, and said deponent acknowledged said
instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the da d year in this certificate
first above written.
i~ 4.
' °"~.,~ .
';G
~ j ~ ~ SARAH E.
i ~~~ ,~ ~ ~~~ FEES
556 Struthers Avenue, Grand Junction. Colorado 81501
Address
My commission expires: 10/6/11
CCS-971.doc Page: I2
Exhibit "A"
Aspen Trails Paving Improvements
• Milling of start and stop areas of asphalt paving
• Place a tack coat on all tails to be overlayed
• Some trails will have asphalt patching prior to paving
• Furnish and place 2" of asphalt to cover area approximately 24,244 square feet
Trails included:
• Marolt Trail
• Hospital Trail
• Marolt Housing Trail
• Court House Trail
Traffic control and construction notification signs and warnings will be placed by City
staff. All tree roots to be cut by City.
CCS-971.doc Page: 13
MEMORANDUM ~~
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development Director i'^ nl~
FROM: Jason Lasser, Special Projects Planner ,~~, Vv,
RE: 300 Puppy Smith Street -Conceptual SPA Amendment,- Resolution No .~'~'~
Series of 2008 -Public Hearing
MEMO DATE: June 2, 2008
MEETING DATE: June 9, 2008
APPLICANT /OWNER:
Puppy Smith, LLC
REPRESENTATIVE:
Sunny Vann, Vann Associates,
LLC
LOCATION:
300 Puppy Smith Street -Lot 1 of
the Trueman Neighborhood
Commercial Project
CURRENT ZONING:
NC/SPA (Neighborhood
Commercial) zone district with a
Specially Planned Area
(SPA)Overlay
SUMMARY:
The Applicant requests conceptual Photo: The proposed location of the subdivided lot.
SPA approval in order to subdivide
LOt 1 into two lots and construct a PLANNING AND ZONING RECOMMENDATION:
commercial and residential The Planning and Zoning Commission recommends to
building. The applicants are the Aspen City Council, conceptual approval of a
requesting a Conceptual SPA Specially Planned Area amendment (and conceptual
Amendment at this time. Upon approval for Commercial Design Review) by a vote of
gaining conceptual approval, the four to one (4-1).
applicant may proceed to final
application reV1eW. STAFF RECOMMENDATION:
Staff recommends that the City Council require that the
applicant revise their conceptual plans prior to
proceeding to final review.
REQUEST OF THE CITY COUNCIL: The review of a Specially Planned Area is (in most
cases) a four step review process. Step one is conceptual review before the Planning and Zoning
Commission ,step two is conceptual review before City Council, step three is final review before
P&Z, and step four is final review before Council:
Specially Planned Area Development (SPA) -conceptual (Section 26.445.100 B., Other
Amendment) to modify the existing plat of the Trueman Neighborhood Commercial
Project. The amendment seeks to modify the specific development plan with the addition
of more commercial space, free-market and affordable housing units to be located on an
additional lot.
In addition to the SPA amendment, during final review of the SPA the City Council will be
reviewing requests for the following land use approvals:
• A Growth Management Review (Section 26.470.080.1, Expansion or New Commercial
Development) For the development of commercial space.
• A Growth Management Review (Section 26.470.080 2, New Free-Market Residential
Units within aMulti-Family or Mixed-Use project) for the development of free-market
housing.
• A Growth Management Review (Section 26.470.050 B6. General Requirements) for the
development of affordable housing.
• Subdivision (Chapter 26.480, Subdivision) to create one (1) new mixed-use lot (Lot 1B)
from existing Lot 1(A) as shown on the Subdivision plat to add commercial space, free-
market residential and affordable housing.
• Condominiumization (Section 26.480.090)
BACKGROUND:
The Trueman Neighborhood Commercial Project is located at 101 Puppy Smith Street. The Trueman
Project received approval for subdivision and to create a specially planned area for the development of
a commercial structure on Lot 1 in 1977. No development was approved on Lots 2, 3 and 4 of the
recorded SPA plan (the Post Office was later developed on Lot 2). The size of the existing structure on
Lot 1 is depicted as being 47,000 sq. ft. of which 37,000 was approved for commercial space and
approximately 10,000 square feet was to be used for residential units. The SPA plan allowed for a
maximum height of the structure to be 32 feet. 113 parking spaces and a minimum open space
requirement of 25 percent (of existing Lot 1) are shown on the SPA plan.
PROJECT SUMMARY:
' Besides dividing land, the definition of subdivision includes "land to be used for
condominiums, apartments or any other multiple dwelling units."
The applicant is proposing to add a new free-standing building on Lot 1 along the north property line.
Below the new building asub-grade parking garage will contain 27 spaces, atrash/recycling azea,
mechanical areas, vertical circulation and storage areas for the free-mazket and affordable housing units.
A total of 92 off-street parking spaces (65 at grade) will be provided on Lots lA and 1B which exceeds
the combined minimum pazking requirement of 76 spaces for both lots. The parking gazage will
accommodate not only the newly developed commercial and residential units, but will also provide spaces
for the residential units located in the existing building located on Lot 1. The ground floor will be a
combination of commercial use, circulation (pedestrian, vertical and vehicular) but will also contain four
affordable housing units. The second level will be comprised of four additional affordable housing units,
five free-mazket residential units, and decks for each unit and common space for access and vertical
circulation.
Table: 1 Minimum Lot Size
Lot Proposed Dimensional
R uirements Underlying NC Zoue
District Re uirements
Lot 1-Existing 111,184 s . ft No requirement
Lot lA 86,500 sq. ft.
Lot 1B 24,684 sq. ft.
Table 2: Minimum Lot Area per Dwelline Unit
Lot Proposed Dimensional
Re uirements Underlying NC Zone
District Re uirements
Lot 1 -Existing 1 unit per 6176 sq. ft. of lot
area No requirement
Lot lA 4,806 sq. ft. No requirement
Lot 1B 1,899 sq. ft.
Table 3: Minimum Lot Width
Lot Proposed Dimensional
Re uirements Underlying NC Zone
District Re uirements
Lot 1-Existing A rox. 308 feet (Mill St.) No requirement
Lot lA Approx. 308 feet
(Existin )
Lot 1 B Approx. 90 feet (Mill St.)
Table 4: Minimum Front Yard Setback
Lot Proposed Dimensional
Re uirements Underlying NC Zone
District Re uirements
Lot 1- Existin 5 feet 5 feet
Lot lA Approx. 15 feet (Existing) 5 feet
Lot 1B 7 feet (Mill St.)
Table 5: Minimum Side Yard Setback
Lot Proposed Dimensional
Re uirements Underlying NC Zone
District Re uirements
Lot 1 -Existing 5 feet (SE corner) 5 feet
Lot lA 5 feet (Existin) 5 feet
Lot 1 B 6.5 feet 5 feet
Table 6: Minimum Rear Yard Setback
T`.ot ;=
Proposed"Dimensianal
Re uirements _.
nderlyiig NC Zone
District Re uirements
Lot 1 -Existin 5 feet (NW corner) 5 feet
Lot lA 5 feet (NW corner) 5 Feet
Lot 1B 22 feet (to Gazage retaining
wall)
Table 7: Minimum utility/trash/recycle area
.Lot Proposed Dimensional
Re uirements Underlying NC-Zone
District R uirements
Lot 1 -Existing Existing Pursuant to Section
26.575.060
Lot lA Existin (to be redesi ed) Pursuant to Section
Lot I B Sub- ade in Pazkin Gara e 26.575.060
Table 8: Maximum Height
Lot .Proposed Dimensional
Re uirements Underlying NC Zone
District Re uirements
Lot 1 -Existin Existin 28 feet (which may be
Lot lA Existin increased to 32 feet through
Lot 1 B 32 feet commercial design review)
Table 9: Minimum distance between buildin son the lot (feet)
Lot' Proposed Dimensional
Re uirements Underlying NG Zone
District Re uirements
Lot 1 -Existin Existin No requirement
Lot lA None
Lot 1 B None (approx. 120 feet
between IA and 1B)
Table 10: Public Amenity Space
;Lot Proposed Dimensional
Re uirements Underlying NC Zone
District F` uirements
Lot 1 -Existin Existin Pursuant to Section
Lot lA 21,625 s . ft. (22.8 ercent) 26.575.030-Public Amenity
Lot 1 B 6,171 s . fr. (12.1 ercent) 25% of the azea of each pazcel
Table 11: Maximum Allowable Floor Area (S uaze Feet)*
Maximnm. Maximum Proposed Floor Proposed Floor
Allowable Allowable Area Area
Lot lA Lot 1B Lot lA Lot 1B
4
Lot Size 86,500 sq. ft. 24,684 43,488 sq. ft. 26,231 sq. ft.
Maximum
Clunulative 129,750 (1.5:1) 37,026 (1.5:1)
Commercial 86,500 (1:1) 24,684 (L•1 29,901 s . ft. 8,389 sq. ft.
Free-Market .25 .5 .25 .5 allowable proposed allowable proposed
Residential* 21,625 43,250 6,171 12,342 see table none see table 8,692
Affordable
Housin 43,250 sq. ft.
(.5:1) 12,342 sq. ft.
(.5:1) 13,587 sq. ft. 9,150 sq. ft.
*Maximum Allowable Free Market Residential Unit Floor Area Ratio - .25:1, which may be increased to .5:1 if
affordable housing floor area equal to one hundred percent (100%) of the free-mazket residential floor area is
developed on the same pazcel. Maximum Total Allowable Free Market Residential Unit Size (Net Livable Sq. Ft) -
1,500 sq ft.
**Commercial/Free Market Residential Ratio (proposed Lot lA -existing /proposed Lot IB - 1.12:1) The total
free-market residential net livable area shall be no greater than the total floor area associated with the uses described
in Subparagraphs 26.710.170.D.1 l.a and b combined on the same parcel.
Table 12: Off Street Parking
Lot lA Lot 1 B Required Required
Lot lA* Lot 1B**
Commercial 45 spaces 20 spaces 38 spaces 7 spaces
Free-Market none 5 spaces none 5 spaces
Residential
Affordable Parking for the units 22 spaces 18 spaces 8 spaces
Housing will be located on Lot
1B***
Totals 45 s aces 47 spaces 56 spaces 20 spaces
*The City of Aspen Land Use Code allows parking on an adjacent pazcel when in the same ownership (Lot lA
residential units will use spaces in the proposed sub-grade parking structure on Lot 1 B).
* *Commercial - 1 space/1,000 sq ft. net leasable.
Residential - I space per unit. Fewer spaces may be approved, pursuant to Chapter 26.430, Special review and according to
the review criteria of Section 26.515.040.
STAFF COMMENTS:
SPECIALLY PLANNED AREA -CONCEPTUAL DEVELOPMENT PLAN:
A Specially Planned Area (SPA) is a process in which a site specific development plan is created
which encourages flexibility and innovation in the development of land and promotes objectives
outlined in the Aspen Area Community Plan by allowing the variation of the underlying zone
district's land uses and dimensional requirements for the benefit of the public. The pazcel
currently exists with an SPA overlay. Based upon the new proposal the site specific development
must be amended to allow the additional development.
The underlying zone district dimensional standards show that the site can accommodate
additional development; however, allowing for additional density on Lot 1 should be considered
in the context of the entire development. The conceptual development plan should consider
whether the proposal is compatible with surrounding land uses, density, height, bulk,
architecture, landscaping and open space. Strong attention to the relationship between the
surrounding structures, pedestrian and vehicular site circulation, pedestrian amenities, significant
view planes and environmental impacts should also be considered.
Engineering Staff has asked for improvements for pedestrian access from Mill and Puppy Smith
Streets, as well as requesting that the applicant provide ADA compliance on all intersections and
at the bus stop. Providing a clear separation between the bus stop and the pedestrian crosswalk
has also been identified as an area for improvement. In addition, Engineering and Utilities/Public
Works have both identified on-site drainage and soil conditions as a potential challenge for the
proposed site.
Parks Staff has requested that an alternate landscape plan be developed, removing the proposed
spruce trees and adding an evenly spaced planting and specific street tree plan be designed to line
the street and provide a buffer for pedestrians on the south side of Puppy Smith Street. The
applicant has provided a supplemental site and landscape plan which adds parallel parking on the
south side of Puppy Smith, in effect eliminating the opportunity to line the street with trees and
reduces the amount of open space on site.
As noted later in the staff memo, the affordable housing proposed meets the required housing
mitigation for the development of the commercial and free-market residential. The APCHA Staff
has recommended a deed restriction be recorded on the existing 18 units located on Lot lA. The
APCHA Staff requests review of the categories prior to final approval.
Community Development Staff has concerns about the pedestrian circulation through and
around proposed Lot IB, primarily regarding the landscaping and sidewalk on the south side of
Puppy Smith Street. Staff would like to see an amenity space created on the Mill Street (east)
ground level. In order to enliven the spaces surrounding Rio Grande Par1~ the pedestrian
amenity space (varying setbacks, building forms) would provide an ideal location for permitted
uses such as a restaurant or bicycle shop, for example. The covered walkway facing the existing
Clarks parking lot need to comply with the width requirements to allow for circulation and
outdoor retail and restaurant vitality (people places). In addition, correcting the confusing mid-
block bus stop and crosswalk on Mill St. as well as providing alternate crosswalks along Mill
and Puppy Smith Streets should occur to establdsh a comprehensive and functional plan. Staff
fnds that the proposal meets the requirements of the underlying NC zone district, but Staff
recommends redesign of the public amenity and circulation prior to final review. Procedurally,
this can be a condition of the conceptual approval granted via this Resolution; or, City Council
could request the Applicant demonstrate the changes prior to granting conceptual approval.
SPECIAL NOTE: On February 14, 2008 the applicant submitted a supplemental drawing
package with modifications to the site plan with changes to the pedestrian circulation and
amenities and building design. Additional terrace space was added on the east side of the
proposal. In addition, the applicant has added one (1) affordable housing unit, bringing the
total to nine (9) units of affordable housing.
The following paragraphs address the February 14~h changes submitted by the applicant.
It contains the following:
• A summary of the issues raised from the Planning and Zoning Commission
meetings about the additional information provided the applicant;
• Staff recommendation & motion;
6
SUMMARY and QUESTIONS from the February 26'h Planning and Zoning Commission
meeting:
At the Februazy 26`h meeting the Planning and Zoning Commission members asked Staff to
address a number of issues prior to the meeting continuance date on Mazch 18, 2008. In addition,
the applicant has requested Staff responses to the supplemental drawings submitted on February
14, 2008. Note that the following comments address both conceptual SPA and Commercial
Design, although the City Council will not review the Commercial Design criteria.
Below, the concerns voiced during the first meeting are itemized issue by issue. Comments from
staff follow in a sepazate, italicized paragraph.
1) What are the criteria for SPA and Commercial Design Review?
Criteria with Staff Findings for Specially Planned Area (SPA)(Exhibit A) and Commercial
Design Review (Exhibit B). Please see Exhibit Kfor the Guidelines without findings.
The property is currently designated with a Specially Planned Area (SPA) overlay and as noted
in the code, the purpose of a SPA is to `provide design flexibility for zoning, natural features,
unique physical character, or location or where potential exists for community benefit. " The
SPA also "allows for the development of mixed uses through the encouragement of innovative
design and for the greatest public benefit. " The purpose of conceptual review is to allow the
Planning and Zoning Commission to review the application in a general sense, to get a grasp of
the proposed land uses, densities, design concepts, access ways, and conceptual site plan. The
application should show "schematic drawings of proposed buildings with general site design
features and overall mass and height ofproposed structures"
The purpose of Commercial Design Review is °to preserve and foster proper commercial district
scale and character, "and to "ensure commercial and streetscape places that are conducive to
walking. " By requiring certain building elements, storefronts can "contribute to awell-designed,
exciting commercial district as well as accommodating on-site parking to achieve environments
conducive to walking. Protecting the uniqueness of the town and to achieve compatibility,
certain standards require building elements to be influenced by adjoining development, views,
pedestrian malls or sun angles. " Conceptual Design shall include a site plan showing
boundaries, the location and orientation of existing and proposed improvements, and
predominant site characteristics. Drawings showing proposed structures depicting their form,
height, massing, scale, proportions, roof plan, primary features of all elevations and samples or
photographs of preliminary building materials. At a conceptual level, the Commission should be
comfortable with the form, height, and mass of the building as well as how the building is sited
on the property. The commission should also be comfortable with pedestrian connections and
amenity space(s).
2) Accurate locations of the bus and Galena Street Shuttle stops.
Photos (aerial and views of sidewalk signs) have been included as Exhibit J in the packet. The
current location on the east side of Mill Street combines the bus and Galena shuttle stops with
the pedestrian crossing path, creating a confusing intersection for both drivers and pedestrians.
The west sidewalk on Mill Street has a movable signpost for the Galena shuttle. Staff has been
7
working with the applicant and referral agencies to resolve transportation and pedestrian
conflicts prior to final submission.
3) Analyze the original (site plan) proposal with the changes provided for the February 26~h
meeting.
Pedestrian Circulation and Amenities -Site Plannine
The southern loggia (covered walkway) has been widened to 8'-5" (face of glass to interior of
column - T-6) from original submittal, approximately T-0 from glass to column, and the revised
site plan (shown as Exhibit E) dimension of approximately 6'-6 cleaz.
Guideline 3.9 in the Public Amenity Section of the River Approach Character Area in the
Commercial and Lodging Design Objectives and Guidelines states that "walkways shall be a
minimum of 8 feet wide. "Staff has concerns about the width and adequately accommodating the
majority of pedestrian traffic through the E/W walkway and the potential for commercial and
retail activity. Staff recommends widening the dimension to a minimum of eight (8) feet.
The eastern covered terrace (patio) has been widened to ten (10) feet (14'-11 from the building
wall to property line which includes the retaining wall and landscaping from the original
submission of 8'-4" from building wall to property line. The new proposal also shows a
reconfigured ramp, space for a bike rack and sculpture.
The design standards apply to commercial, lodging and mixed use development. Public amenity
spaces should be creative, well-designed public places and create a pleasant pedestrian
atmosphere. According to the five standards in Sec. 26.412.060 A., any proposed on-site public
amenity space "should allow for a variety of uses and activities to occur, it must contribute to an
active street vitality, and allow the design and operating characteristics of adjacent structures,
rights-of--way and uses contribute to an inviting pedestrian environment. The amenity must not
duplicate existing pedestrian space, or such duplication does not detract from the pedestrian
environment. "Any variation to the design and operational standards (Sec. 26.575.030 F.2 Open
to Sky) will require variations from the Planning and Zoning Commission and City Council. The
design standards require that the public amenity space be open to the sky, but the Planning and
Zoning Commission can allow for a variation. Staff does not recommend that the east public
amenity space be covered, to allow sunlight to the public amenity and to the pedestrian links that
are connected to the space.
The landscape retaining walls on the north edge of the property have been reconfigured to allow
for the appearance of `natural grade'.
Parks has expressed the desire to create a buffer of trees between the vehicles and pedestrians
on Mill and Puppy Smith streets. Guideline 3.7 in the Public Amenity Section of the River
Approach Character Area in the Commercial and Lodging Design Objectives and Guidelines
states that a building on a sloping site shall be designed to reduce its perceived mass and scale
and reflect the natural slope of the site. Staff recommends that the applicant continue to work
with the Parks department in order to accommodate both the pedestrian needs and the proposed
exterior spaces for the grade-level affordable housing units.
8
Building Design
A curved "radial form" at the upper level facing Puppy Smith and the Post office was added to
"mimic the curves of the road and to add an industrial design element".
The proposed "radial form" that snakes in and out of the brick form would be better defined as
an independent form -placed on top of a base to reduce the perceived mass -rather than
penetrating through a larger overall form. Staff recommends the applicant redesign for final
review.
Signage was added to the Mill Street/Puppy Smith intersection to respond to the "gateway"
approach from the North.
The River Approach Character Area (in the Commercial and Lodging Design Objectives and
Guidelines) apply the following Design Objectives (1-4): " to establish an attractive gateway to
the city center, as one approaches downtown from the north, street edges that invite pedestrian
activity, highlight natural resources, and to provide an interconnected system of sidewalks and
internal walkways that facilitate pedestrian circulation. " Staff recommends the addition of a
pedestrian access to the east edge of the public amenity space, as well as redesign of the corner
to establish an attractive gateway as stated in the objectives.
Building Program
Floor Area Calculations, the total floor azea has been reduced 243 squaze feet to a total of 25,988
square feet, from the original submission of 26,231 square feet.
The commercial floor area has been decreased from 8,389 square feet by 407 square feet to
approximately 7,982 square feet. The free-market floor area has increased from 8,692 by 194
square feet to 8,886 squaze feet as a result of the decrease in commercial floor area (including
common circulation elements, noted as "greater percentage of non-unit space" in the
application). The net livable area for the free-market residential component is 7,500 square feet.
The regulations require that the building's commercial floor area exceed it's free market
residential net livable azea, therefore the net leasable/net livable ratio has decreased the
commercial area by approximately 512 square feet to comply with the requirements of the Code.
Overall_floor area has been reduced to accommodate a larger, covered patio on the eastfa~ade
of the proposal. Creating permeable pedestrian circulation through the site and public amenity
spaces affected the arrangement and calculation of floor area. Staff finds the commercial to
residential ratio to meet code at the conceptual level.
The supplemental proposal includes modifications to the layout of the upper floor plan to include
an additional affordable housing unit, bringing the total to nine (9) units from the original
proposal of eight (8) units. Affordable Housing net livable area has increased approximately 248
square feet, due to the adjustments of size and the inclusion of an additional studio affordable
housing unit on the upper level.
The addition of one studio unit (533 sg. ft.) on the second floor has reduced the floor area of the
three-bedroom unit to 1,200 sq. ft from approximately 1,800 sq ft. Staff has concerns about the
location of affordable housing units at grade, due to the vehicular noise and visual impacts from
lights, and pedestrian and vehicular traffic at the street level. The Planning and Zoning
9
Commission may allow for the multi family affordable housing units to be a Ground Floor use in
the Neighborhood Commercial (NC) Zone District.
Pazkine
Six fewer pazking spaces than the original submission are shown, five (5) less for the surface
parking, and one (1) less for the sub-grade parking gazage. 86 total spaces still exceeds the
requirement of 76 spaces. Currently, there aze 112 spaces in the surface parking lot. The loss in
surface parking is due to the supplemental proposal's north/south pedestrian circulation path
connecting the existing Trueman Building Plaza with the proposed Puppy Smith building.
The proposal is in compliance with the requirements of the code. Staff recommends approval.
REFERRAL AGENCY COMMENTS:
The City Engineer, Zoning Officer, Building Department, Aspen Sanitation District, Housing
Department, Utilities and the Pazks Department have all reviewed the proposed application and
their requirements have been included as conditions of approval when appropriate.
STAFF RECOMMENDATION:
In reviewing the proposal, Staff recommends the City Council approve the conceptual plan with
the following conditions that should be incorporated as part of final review, specifically staff
recommends the applicant:
1) Widen the sidewalk on the south fagade of the building to minimum (clear) of 8 feet to
create places for social interaction as stated in the AACP.
2) Review the height and setback variation and relationship to surrounding contextual
buildings to de-emphasize the mass of the proposed building, to lessen the reading of one
structure, and to hold the height to a maximum of 28 feet while still maintaining required
height variations.
3) Create a pedestrian link (stairs) on the corner of Mill and Puppy Smith Streets to allow
for pedestrian permeability (not barricaded) through the site that creates a building that
emphasizes the corner importance of Mill and Puppy Smith streets, either with building
forms or with architectural detailing and/or pedestrian amenity.
4) Consider having the eastern public amenity Open to the Sky.
In the alternative, City Council could request that the applicant amend the conceptual plan prior
to gaining conceptual approval.
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE):
"I move to approve Resolution #z($, Series 2008, recommending conceptual approval with
conditions of the Conceptual Specially Planned Area (SPA) for the Puppy Smith Plaza project."
ALTERNATIVE MOTION ALL MOTIONS ARE WORDED IN THE AFFHtMITIVE~:
"I move to continue the hearing to ~g and direct the applicant to demonstrate the following
changes to the proposal." (see conditions in Staff recommendation above)
ATTACHMENTS:
10
ATTACHMENTS:
Exhibit A -SPA Other Amendment, Staff Findings provided in memo dated 1/15/08 and 2/26/08
EXHIBIT B -Review Criteria for SPA
EXHIBIT C - DRC Comments -provided in memo dated 1/15/08 and 2/26/08
EXHIBIT D -Neighbor Letter(s) -provided in memo 1/15/08 and 2/26/08
EXHBIT E - 151 Supplemental Site and Landscape Plan -provided in memo dated 1/15/08 and
2/26/08
EXHIBIT F - SketchUp 3D views, Aerial Photos -provided in memo dated 1/15/08
ExxtslT G -Photos of existing Bus and Galena Street Shuttle stops
EXHIBIT H -Supplemental letters from David Johnston Architects and Vann Associates,
provided in memo dated 2/26/08
EXHIBIT I - 2"d (February 14`h) Supplemental Drawings and Renderings provided in memo dated
2/26/08
EXHIBIT J -Application -provided in memo dated 1/15/08 and 2/26/08
EXHIBIT K -Master Plan Resolution from the Planning and Zoning Commission
EXHIBIT L -Minutes from the Planning and Zoning Commission / 2-26-08 and 3-18-08
11
RESOLUTION N0.48,
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
CONCEPTUAL SPECIALLY PLANNED AREA (SPA) AMENDMENT FOR THE
DEVELOPMENT OF SUB-GRADE PARKING, COMMERCIAL SPACE, FIVE
FREE-MARKET RESIDENTIAL UNITS AND NINE AFFORDABLE HOUSING
UNITS FOR THE PROPERTY COMMONLY KNOWN AS 300 PUPPY SMITH
STREET (CLARKS PARKING LOT) CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID: 2737-073-52-001
WHEREAS, the Community Development Department received an application
from Puppy Smith, LLC, represented by Sunny Vann of Vann Associates, LLC
requesting conceptual approval from the Aspen City Council of an amendment to a
Specially Plazmed Area (SPA) for the development of a new building to contain sub-
grade pazking, commercial space, five (5) free-mazket residential units and nine (9)
affordable housing units; and,
WHEREAS, upon initial review of the application and the applicable code
standazds, the Community Development Department recommended the Applicant amend
the proposal to better comply with the requirements of a Specially Planned Area (SPA);
and,
WHEREAS, during a duly noticed public hearing on December 4, 2007, the
Planning and Zoning Commission opened the hearing and continued the heazing to
January 15, 2008, and at the January 15, 2008 hearing, the Plazming and Zoning
Commission continued the heazing to Februazy 26, 2008 due to failure to provide
appropriate public notice; and
WHEREAS, at the Februazy 26, 2008 hearing, the Planning and Zoning
Commission, took public testimony, considered the application, and moved to continue
the public heazing to Mazch 18, 2008; and,
WHEREAS, at the Mazch 18, 2008 hearing, upon further public testimony,
discussion and consideration, the Planning and Zoning Commission adopted Resolution
No. 11, Series of 2008 by a four to one vote; and,
WHEREAS, The Aspen City Council finds that the proposed amendment to the
Specially Planned Area (SPA) meets or exceeds all applicable standards pursuant to
Chapter 26.440 and that the conceptual approval of the SPA is consistent with the goals
and elements of the Aspen Area Community Plan; and,
WHEREAS, The Aspen City Council finds that this Resolution furthers and is
necessary for the promotion of public health, safety, and welfare; and,
WHEREAS, during a duly noticed public heazing on June 9, 2008, the Aspen
City Council approved conceptual SPA amendments to the property commonly known as
300 Puppy Smith Street, as described herein, by a vote of to L-~; and,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CTTY
OF ASPEN, COLORADO THAT:
The final SPA application shall address comments in the following sections:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Aspen City Council hereby recommends conceptual approval of a Specially
Planned Area (SPA) amendment, with the following conditions to be incorporated into
the final SPA and Commercial Design Review:
1) Widen the sidewalk on the south facade of the building to minimum (cleaz) of 8
feet to create places for social interaction as stated in the AACP.
2) Review the height and setback vaziation and relationship to surrounding
contextual buildings to de-emphasize the mass of the proposed building, to lessen
the reading of one structure, and to hold the height to a maximum of 28 feet while
still maintaining required height variations.
3) Create a pedestrian link (stairs) on the corner of Mill and Puppy Smith Streets to
allow for pedestrian permeability (not barricaded) through the site that creates a
building that emphasizes the corner importance of Mill and Puppy Smith streets,
either with building forms or with azchitectural detailing and/or pedestrian
amenity.
4) Consider having the eastern public amenity Open to the Sky.
Section 2: Buildine
The Applicant shall meet adopted building codes and requirements if and when a
building permit is submitted. Accessible routes to any public right-of--way and accessible
pazking spaces will be required. The proposed project will be subject to the newly
adopted Use Tax on building materials. The proposed project may be required to comply
with a newly developed Efficient Building Program for Commercial projects.
Section 3: Engineerine
The Applicant's design shall be compliant with all sections of the City of Aspen
Municipal Code, Title 21 and all construction and excavation standards published by the
Engineering Department. The proposal shall comply with the DRC comments from the
Engineering Department regarding transportation, drainage, pedestrian improvements,
construction management, traffic studies, utilities and sight distances.
Section 4: Affordable HOUSIng
A deed restriction meeting the current requirements of the APCHA Guidelines and
acceptable to the City Attorney shall be memorialized for the existing eighteen (18)
affordable housing units. The content of the deed restriction shall be subject to the terms of
the original approval. As proposed, the nine (9) newly created affordable housing units
shall meet the requirements of the Land Use Code and the Aspen Pitkin County Housing
Authority (APCHA) guidelines.
Section 5: Fire Mitieation
All codes adopted by the Aspen Fire Protection District shall be met. This includes but is
not limited to access (International Fire Code (IFC), 2003 Edition, Section 503),
approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907).
Section 6: Public Works
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25,
and with the applicable standazds of Title 8 (Water Conservation and Plumbing Advisory
Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department.
Utility placement and design shall meet adopted City of Aspen standards. Each of the units
within the building shall have individual water meters. The well house cannot be used as a
discrete source of irrigation water for the Rio Grande Pazk. A transformer location will have
to be provided on the Customer's property that meets the COA Utility standards for safety
cleazances per National Electric Safety Code. Customer will pay for costs incurred by the
COA Electric System in engineering fees for calculating and designing load profiles for the
premises. On-site drainage detention solutions aze questionable due to poor soil conditions
existing.
Section 7: Sanitation District Requirements
Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office. ACSD will review the approved
Drainage plans to assure that clear water connections are not connected to the sanitary sewer
system. On-site utility plans require approval by ACSD. ACSD will not approve service to
food processing establishments retrofitted for this use at a later date. OiI and Grease
interceptors are required for all food processing establishment. Oil and Sand separators are
required for parking garages and vehicle maintenance establishments. Driveway entrance
drains must drain to drywells, elevator shafts drains must flow thna o/s interceptor. Below
grade development may require installation of a pumping system. Shared service line
agreements may be required where more than one unit is served by a single service line.
Permanent improvements are prohibited in sewer easements or right of ways. All ACSD fees
must be paid prior to the issuance of an excavation foundation or access/infrastructure
permit.
Section 8: Environmental Health
The state of Colorado mandates specific mitigation requirements with regazd to asbestos.
Additionally, code requirements to be awaze of when filing a building permit include: a
prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise
abatement and pool designs.
Section 9: Exterior Liahtine
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 10: Dimensional Standards
All lots within the proposed subdivision shall meet the underlying zone district standards
of the Neighborhood Commercial (NC) zone district unless granted variances.
Section 11: Parks
An approved tree permit is required before submission of the building permit set. Parks
requests alternate plans for proposed on-site mitigation. The parks department does not
support the current plans for planting in the ROW. Pazk requests that the applicant set up
a meeting between the Parks and Engineering offices to review alternatives for a
separated sidewalk. Tree protection fences must be in place and inspected by the city
forester or his/her designee before any construction activities aze to commence. No
excavation, storage of materials, storage of construction backfill, storage of equipment,
foot or vehicle traffic allowed within the drip line of any tree on site.
Section 12:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 13:
This Resolution shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 14:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
Section 15:
A public hearing on this Resolution was held on the 9th day of June, 2008, at a meeting of
the City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was
published in a newspaper of general circulation within the City of Aspen.
APPROVED BY the City Council of the City of Aspen on this 9th day of June, 2008.
APPROVED AS TO FORM: CITY COUNCIL:
City Attorney
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
EXFIIBIT A
Chapter 26.440
SPECIALLY PLANNED AREA (SPA)
Sec. 26.440.050. Review standards for development in a Specially Planned Area (SPA).
A. General. In the review of a development application for a conceptual development plan
and a final development plan, the Planning and Zoning Commission and City Council shall
consider the following:
1. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the pazcel in terms of land use, density,
height, bulk, architecture, landscaping and open space.
Staff Finding:
The proposed development is compatible with the mix of commercial, housing and parking in the
immediate vicinity. Affordable housing on the ground floor is allowed as a conditional use in the
neighborhood Commercial (NC) zone district, however Staff has concerns about the placement of
units and privacy issues from pedestrian and vehicular traff c on Puppy Smith. The second floor
may be a more ideal location for residential units due to the busy pedestrian and vehicular
traffrc, as opposed to the location currently proposed on the ground floor. In order to fully
understand the mass and context of the application, Staff has requested a 3D Sketch Up model to
be digitally constructed for the review. The 3D model with context displays the 2-story proposal
as out of scale with the surrounding one-story buildings .The adjacent buildings; the Post Office,
465 N. Mill (Aspen Velo), Andrews-McFarlin subdivision (on river) and the Trueman subdivision
(Clarks) all present one level to the parking lot elevation .The proposed building is requesting an
increase in the maximum height (28' which may be increased to 32' through commercial design
review) for the zone district.Although approved conceptually by the Planning and Zoning
Commission, Staff requests that the applicant continue to redesign to reduce the height, mass,
(and to frnd a character unique to the River Approach Character Area).
2. Whether sufficient public facilities and roads exist to service the proposed
development.
Staff Finding:
Sufficient public facilities and roads exist. Staff finds this criterion to be met.
3. Whether the parcel proposed for development is generally suitable for
development, considering the slope, ground instability and the possibility of
mudflow, rock falls, avalanche dangers and flood hazards.
Staf/'Finding:
Additional comprehensive drainage studies will be required prior to final review. At a conceptual
level, staff finds this criterion to be met.
4. Whether the proposed development creatively employs land planning techniques
to preserve significant view planes, avoid adverse environmental impacts and
provide open space, trails and similaz amenities for the users of the project and the
public at large.
StafJ'Finding:
The proposal replaces an existing surface parking lot. Staff recommends that the applicant strive
to create a project that provides open space and pedestrian amenities in order to bring vitality to
the area. In addition, concerns about site drainage, soils and compliant access from the parking
garage must be addressed prior to final review. Stafffinds the conceptual application to meet this
criterion, but would like to see the public amenity space and pedestrian links and widths
amended.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
Stq~FindinQ:
While the proposal meets a number of AACP goals related to affordable housing, economic
diversity and density with a sustainable mix, Staff has concerns about community character &
design, transportation and open space and environment. The AACP discusses "creating places
and opportunities for social interaction and lifestyle diversity" and also to "improve safety for
pedestrians, bicyclists, mass transit riders and automobiles ". Pedestrian, ADA and bicycle access
across Mill Street have not been resolved at the conceptual level, as well as providing adequate
pedestrian amenity space. The loggia on the parking lot is not ideal for social interaction and
lifestyle diversity due to visual and physical constraints. Staff recommends redesign to create a
`place" on the Mill Street faFade and emphasize the importance of the Mill and Puppy Smith
corner to take advantage of the relationship to Rio Grande Park and to define a "gateway "from
the river. Staff does not frnd this guideline to be met.
6. Whether the proposed development will require the expenditure of excessive
public funds to provide public facilities for the parcel or the surrounding
neighborhood.
Sta Finding:
The proposal does not require public funds to provide public facilities for the proposed parcel.
Staff finds this criterion to be met.
7. Whether proposed development on slopes in excess of twenty percent (20%) meet
the slope reduction and density requirements of Subsection 26.445.040.B.2.
Sta Findin
There are no slopes in excess of twenty percent on the proposed Lot IB. Staff frnds this criterion
to be met.
8. Whether there are sufficient GMQS allotments for the proposed development.
Staff Finding:
There are sufficient GMQS allotments. Stafffinds this criterion to be met.
B. Vaziations permitted. The final development plan shall comply with the requirements of
the underlying zone district; provided, however, that variations from those requirements may be
allowed based on the standards of this Section. Vaziations may be allowed for the following
requirements: open space, minimum distance between buildings, maximum height, minimum
front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash
access area, internal floor azea ratio, number of off-street parking spaces and uses and design
standards of Chapter 26.410 for streets and related improvements. Any variations allowed shall
be specified in the SPA agreement and shown on the final development plan.
StaffFinding.•
Staff does not find that there are any requests for variations.
EXHIBIT ~
Chapter 26.440
SPECIALLY PLANNED AREA (SPA)
Sec. 26.440.050. Review standards for development in a Specially Planned Area (SPA).
A. General. [n the review of a development application for a conceptual development plan
and a final development plan, the Planning and Zoning Commission and City Council shall
consider the following:
1. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the parcel in terms of land use, density, height,
bulk, architecture, landscaping and open space.
2. Whether sufficient public facilities and roads exist to service the proposed
development.
3. Whether the parcel proposed for development is generally suitable for development,
considering the slope, ground instability and the possibility of mudflow, rock falls,
avalanche dangers and flood hazards.
4. Whether the proposed development creatively employs land planning techniques to
preserve significant view planes, avoid adverse environmental impacts and provide open
space, trails and similar amenities for the users of the project and the public at large.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
6. Whether the proposed development will require the expenditure of excessive public
funds to provide public facilities for the parcel or the surrounding neighborhood.
7. Whether proposed development on slopes in excess of twenty percent (20%) meet
the slope reduction and density requirements of Subsection 26.445.040.B.2.
8. Whether there are sufficient GMQS allotments for the proposed development.
The burden shall rest upon an applicant to demonstrate the general reasonableness and
suitability of the proposed development and its conformity to the standards and procedures
of this Chapter and Section; provided, however, that in the review of the conceptual
development plan, consideration will be given only to the general concept for the
development, while during the review of the final development plan, detailed evaluation of
the specific aspects of the development will be accomplished.
B. Variations permitted. The final development plan shall comply with the requirements of
the underlying zone district; provided, however, that variations from those requirements may be
allowed based on the standards of this Section. Variations may be allowed for the following
requirements: open space, minimum distance between buildings, maximum height, minimum
front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash
access area, internal floor area ratio, number of off-street parking spaces and uses and design
standards of Chapter 26.410 for streets and related improvements. Any variations allowed shall
be specified in the SPA agreement and shown on the final development plan.
Sec. 26.440.060. Application
A. Conceptual Development Plan.
1. Contents of application. The contents of the development application for a
Conceptual Development Plan shall include the following:
a. The general application information required in Common Development
Review Procedures set forth at Chapter 26.304.030.
b. A conceptual description of the proposed development. This shall include, but
not be limited to a statement of the intent of the proposed development and a
conceptual description of proposed land uses, densities, design concepts, access ways
and a general time schedule for construction of the proposed development.
c. A statement outlining in conceptual terms how the proposed development will
be served with the appropriate public facilities and how assurances will be made that
those public facilities are available to serve the proposed development.
d. A Conceptual Site Plan, illustrating:
(1) Existing natural and manmade features.
(2) General configuration of proposed land uses, access ways and existing
and proposed utilities.
(3) Schematic drawings of proposed buildings, indicating general site design
features and overall mass and height of proposed structures.
MEMORANDUM
TO: Jason Lasser
FROM: Cindy Christensen
DATE: November 21, 2007
RE: PUPPY SMITH CONCEPTUAL SPA REVIEW
Parcel ID No. 2737-073-52-001
EXHIBIT C
ISSUE: The applicant is proposing to construct atwo-story, mixed use cornmercial/residential
building within an existing surface pazking lot.
BACKGROUND: The property is located at 101 Puppy Smith. An existing parcel will be
subdivided and the existing Truman Building will occupy Lot lA while the new building will be
constructed on Lot 1 B. The construction is broken down as follows:
e A subgrade-parking garage will contain 27 spaces, atrash/recycling area, mechanical areas, and
storage areas for [he free-market and affordable housing units.
• The ground floor will be devoted to commercial use, but will also contain four affordable housing
units.
The second level will contain four additional affordable housing units and five free-market
residential units.
The buildings eight affordable housing units will consist of the following:
Three one-bedroom 608 to 709 squaze feet
Four two-bedroom 860 to 1,236 squaze feet
One three-bedroom 1,534 squaze feet
MITIGATION:
Per Section 26.470.100.A.1, the buildings preliminary net leasable area of 6,600 squaze feet will
generate 16.24 employees calculated as follows:
6,600 Sq. Ft. _ 1,000 Sq. Ft. = 6.6 X 4.1 = 27.06 FTE's
26.06 X 60% = 16.24 FTE's
Pursuant to Section 26.470.080.2, the development of the free-market residential units requires the
provision of affordable housing mitigation in an amount equal to 30% of the building's free-market
residential net livable area. The proposed development of the five free-mazket units will contain
1
approximately 7,500 squaze feet of net livable azea. Section 26.470.100.A. states that 400 square
feet of affordable azea equates to one full-time employee; therefore, 5.63 employees must be
mitigated for the proposed development's free-mazket component calculated as follows:
7,500 Sq. Ft. X 30% = 2,250 Sq..Ft.
2,250 Sq. Ft. = 400 Sq. Ft. = 5.63 FTE's
Section 27.470.100.A.6 states that whenever affordable housing is provided on site to satisfy the
mitigation requirements in a mixed project, that the mitigation can be satisfied concurrently;
therefore, a requirement of 16.24 employees is the required mitigation for the proposed
development.
The proposed affordable housing units will house a total of 17.25 employees and contain a total net
livable area of approximately 7,864 square feet.
• 1 -One-Bedroom, Category 2
• 2 -One-Bedrooms, Category 3 or 4
• 1 -Two-Bedroom, Category 2
• 3 -Two-Bedroom, Category 3 or 4
• 1 -Three-Bedroom, Category 3 or 4
Eight parking spaces in the garage will reserved for each of the affordable housing units. Along
with these eight pazking spaces are eight storage units located in the pazking structure.
Regazding the category mix, the Land Use Code allows for the units to be Category 4. Staff would
recommend more of the lower category units (Category 2 andlor 3) for the one- and two-bedroom
units and Category 4 for the three-bedroom unit. Staff requests review of the categories prior to
final approval.
Staff also believes that there is an outstanding issue regazding the 18 employee housing units above
Clazk's Market. Staff does approve the tenants for this on a two-yeaz basis. The only requirement
is that the tenant works full-time in Pitkin County and does not own any other residential property.
These aze classified as "RO" units with no income or asset cap on them. Although in 1996 City
Council approved Ordinance No. 8 that stated, "restricting the affordable housing units to long-term
rentals does not require a deed restriction," staff would recommend adeed-restriction be recorded
on these 18 units.
RECOMMENDATION: The Board reviewed the application at their regulaz meeting held
November 21, 2007 and recommends approving the application since the mitigation has been
satisfied under the current Land Use Code regulations and with the conditions listed below. The
Housing Boazd would also request that a deed restriction be recorded on the 18 current affordable
housing units located above Clark's Market with the requirement that each tenant has to be a
2
qualified employee as to emp]oyment status as stated in the Guidelines and that each tenant must be
provided with at least a six-month lease.
The developer has the option of the units being "for sale" units or rental units. Should they be
rental units, the following conditions should be required as part of the approval:
Rental Units:
a. The units will be deed-restricted as Category 2, 3 or 4, to be approved by APCHA and finalized at
time of Final approval.
b. The deed-restriction will allow for the units to become ownership units at such time the owners
would request this change and/or at such time the APCHA deems even ONE of the units out of
compliance over a period of one year. If any of the units are found to be out of compliance for
one year, or the owner elects to sell the units, the units would be listed for sale with the
Housing Office as specified in the deed restriction at the category specified at the time of final
approval, based on the sales price stated in the Guidelines in effect at the time of recordation
of the deed restriction, appreciated as stated in the deed restriction (3% or the Consumer
Price Index, whichever is less), as of the date of the listing of the units. If the units are being
sold due to non-compliance, all of the units will be sold through the lottery system. If the
owner elects to sell the units, the owner may choose 1/3rd of the buyers as long as they qualify
under the top priority for that specific unit.
c. An agreement will be established between the owner of the commercial space and APCHA
regarding the tenancy of the affordable housing units. An owner of one of the
commerciaUretail spaces may request a unit for a specific employee, bat at NO time will the
tenancy of that unit be tied to any specific employment. If the owner cannot find a qualified a
tenant, the owner will contact APCHA and the unit(s) will be filled through APCHA's
normal advertising process.
d. The units shall be owned by an Association and managed by that Association; however, the
applicant must provide to APCHA, at final approval, more detail of maintaining and managing said
units.
e. Each tenant in the rental units will be required to requalify on a yearly basis.
f. The governing documents shall be drafted to reflect the potential for the rental units to become
ownership units.
g. Should the rental units become ownership units, the APCHA or the City of Aspen can elect to
purchase them for rental to qualified households in accordance with the APCHA Housing
Guidelines.
h. As long as the affordable housing units remain as rental units, the APCHA or the applicant shall
structure a deed restriction for the units such that an undivided 1/10`h of 1 percent interest in the
ownership of each unit is deed restricted in perpetuity to the Aspen/Pitkin County Housing
3
Authority; or until such time the units become ownership units; or the applicant may propose any
other means that the Housing Authority determines acceptable.
Language shall be provided in the Protective Covenants covering the units' assessments upon the
units becoming "for sale" units. The assessments shall be based on the value of the free-market
units compared to the deed-restricted units. This language shall be required in the approval and in
the Covenants associated with the project and allow for the same voting privilege as the free-market
residential units upon the milts becoming "for sale" units. No changes to this restriction would be
allowed without APCHA's approval.
Sales Units:
Again, since the project is a mixed free-mazket/deed-restricted project, the assessments shall be
based on the value of the free-mazket units compared to the deed-restricted units. This language
shall be required in the approval and in the Covenants associated with the project. No changes to
this restriction would be allowed without APCHA's approval.
The deed-restriction shall be recorded at the time of recordation of the Condo Plat and prior to
Certificate of Occupancy.
4
Puppy Smith SPA Review
Parks Department
DRC requirements
1. An approved tree permit is required before submission of the buildine permit set.
Contact the Parks Department for permit, 920-5120.
2. Parks requests alternate plans for proposed on-site mitigation. The parks
department does not support the current plans for planting in the ROW. Please
submit prior to building permit a new ROW planting, showing the proposed
spruces removed, and an evenly spaced planting with a specific street tree.
Applicant should set up a meeting between the Parks and Engineering offices to
review two alternatives for a separated sidewalk and or attached.
3. Building permit plans shall include a detailed plan submitted for tree removal and
protection.
. Tree protection fences must be in place and inspected by the city forester
or his/her designee (920-5120) before any construction activities aze to
commence.
• No excavation, storage of materials, storage of construction backfill,
storage of equipment, foot or vehicle traffic allowed within the drip line of
any tree on site.
~l
Date: December 11, 2007
Project: Puppy Stnith
City of Aspen
Engineering Department DRC Comments
These comments are not intended to be exclusive, but an initial response to the project
packet submitted for purpose of the DRC meeting.
Transportation
Driveways -Specify all driveway locations and widths. Standazds depend on zoning
district.
Parking Lots -Specify turning radius, mazkings, and handicap locations.
Streets - If the longitudinal edge of a street patch falls within the existing wheel tracks,
the patch shall extend to the full width of the lane. A minimum patch dimension
shall be two feet. A signing and pavement marking plan must be submitted as part
of the design documents.
Traffic - A traffic study shall be conducted as needed to determine impacts of new
development.
Drainage
General -Project packet must include a discussion of anticipated and proposed
drainage patterns, detention storage and outlet concepts.
Floodplain -Where applicable, 100-yr floodplain and floodway boundaries shall be
defined.
Storm Sewer System -Project drainage requirements may include construction of new
storm sewer line, minimum 15" diameter CMP to connect to existing storm sewer
system. A Stormwater System Development Fee shall be assessed against all
properties at the time of development or redevelopment of the property. The fee
shall be assessed against the total impervious area of the development, not simply
the increased impervious area, minus the amount of any stormwater system
development fee actually previously paid by the landowner or the predecessor of
the landowner for connection to the stormwater system.
Drywells -Minimum 10' deep and 10' from property line and foundation. Percolation
tests must show that the soil will drain the 5-yr runoff volume in 36 hours.
Seasonal high groundwater level must be 2' below the bottom of the dry well.
Pedestrian Improvements
General - In accordance with the City's Sidewalk, Curb arid Gutter Master Plan,
property owners aze required to install and maintain sidewalk, curb and gutter along
the street frontage adjacent to their properties. Properties within certain areas of the
City are not required to install sidewalk, curb and gutter. These locations are shown
on the "Sidewalk Free Zones" and the "No Curb and Gutter Zones" maps dated
February 22, 2002. These maps aze kept in the City Engineering Department.
Sidewalks -Project depicts ALL sidewalk locations and widths. Sidewalk width is
based on the land use. Residential: 5'
High density and multi-family areas: 6'
Commercial aeeas 8'.
16
Warning Pads -detectable warning pads shall be installed at all curb ramps. Curb ramps
shall be directional and not diagonal.
Pedestrian Study - A neighborhood safety/pedestrian study shall be completed as
deemed necessary by City Engineer.
Construction Mana eg ment
General - A construction management plan must be submitted in conjunction with the
building permit application. The plan must include a planned sequence of
construction that minimizes construction impacts to the public. The plan shall
describe mitigation for: parking, staging/encroachments, truck traffic, noise, dust,
and erosion sediment pollution.
Miscellaneous
Utilities -All above ground structures shall be located outside the public rights-of-way.
Sight Distances -Project shall comply with proper sight distances at
intersections/driveways.
Additional Proiect Specific Comments
^ Building/landscape locations must allow proper driveway/intersection sight distances.
^ Handicap parking locations should be specified.
^ Pedestrian Improvements include moving pedestrian access to the Clarks Market building
further north possibly moving and/or upgrading the bus stop, placing sidewalk around the
South side of Puppy Smith, and creating safe crossing locations. A pedestrian study shall be
completed that encompasses all adjacent properties and analyzes all street crossing options.
^ A geotechnical soils report will be required to determine if dry wells will be adequate for on-
site drainage. If deemed dry wells will not be adequate, a storm sewer line (described above)
shall be constructed as per described in the SGM report dated 9.24.07. A Stormwater
analysis shall be completed to show how to safely convey the 100-year storm event and
overall design shall focus on water quality.
^ Pedestrian ramp locations shall be specified.
^ The traffic study did not analyze the West intersection on Puppy Smith. This intersection
should also be analyzed for traffic patterns. Also, please specify where the 2% growth factor
was obtained.
^ A detailed construction management plan with minimal impacts to traffic/rights-of--way shall
be submitted. It is recommended that the parking garage get completed as soon as possible to
alleviate parking issues.
t
Page 1 of 1
Jason Lasser
From: Denis Murray
Sent: Wednesday, December 05, 2007 10:43 AM
To: Jason Lasser
Subject: Puppy Smith Plaza
Jason, Smith Plaza comments are:
The City of Aspen Building Department preliminary reviews of the Puppy
1) The proposed-plans do not demonstrate compliance with the exiting requirements of the 2003 IBC and
the building department recommends the applicant has a code consultant review the plans.
2) The plans do not indicate an accessible route to the public way and transit stop and this will be a required
element of the proposed plan.
3) The plan will be required to include the minimum number of accessible parking spaces designed to the
current standard at the existing parking lot at the Truman Center.
4) The proposed project will be subject to the newly adopted Use Tax on building materials.
5) The proposed project may be required to comply with a newly developed Efficient Building Program for
commercial projects.
6) The proposed project will be required to provide a refined CMP at the time of application to the City of
Aspen Engineering department.
Denis
F:
ACSD Requirements-Puppy Smith Conceptual
Service is contingent upon compliance with the District's rules, regulations, and specifications, which
are on file at the District office.
ACSD will review the approved Drainage plans to assure [hat clear water connections (roof,
foundation, perimeter, patio drains) are not connected to the sanitary sewer system.
On-site utility plans require approval by ACSD.
Oil and Grease interceptors (NOT under the counter traps) are required for all food processing
establishment. Locations of food processing shall be identified prior to building permit.. Even
though the commercial space is mixed use and maybe tenet finish, interceptors will be required
if food processing establishments are anticipated for this project. ACSD will not approve
service to food processing establishments retrofitted for this use at a later date.
Oil and Sand separators are required for parking garages and vehicle maintenance establishments.
Driveway entrance drains must drain to drywells.
Elevator shafts drains must flow thru o/s interceptor
Old service lines must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements.
Below grade development may require installation of a pumping system.
One [ap is allowed for each building. Shared service line agreements may be required where more
than one unit is served by a single service line.
Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will
require approval by ACSD where soft and hard landscaping may impact public ROW or easements to
be dedicated to the district.
All ACSD fees must be paid prior to the issuance of an excavation/foundation or access/infrastructure
permit. Peg in our office can develop an estimate for this project once detailed plans have been made
available to the district.
Where additional development would produce flows that would exceed the planned reserve capacity
of the existing system (collection system and or treatment system) an additional proportionate fee will
be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional
proportionate fees would be collected over time from all development in the area of concern in order
to fund the improvements needed.
Where additional development would produce flows that would overwhelm the planned capacity of
the existing collection system and or treatment facility, the development will be assessed fees to cover
the costs of replacing the entire portion of the system that would be overwhelmed. The District would
fund the costs of constructing reserve capacity in the area of concern (only for the material cost
difference for larger line).
n
The Applicant will have to pay 40% of the estimated tap fees for the anticipated building stubouts
prior to building permit.
The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any
portion of the public and private sanitary sewer system. The glycol storage areas must have approved
containment facilities.
Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet
vertically below an ACSD main sewer line.
tC
DRC
Puppy Smith
Conceptual SPA Review
Utilities/Public Works Comments
1. Under Water Supply, 2nd paragraph, Sentence 2 "The well house is connected to the
City distribution system and is configured to provide water to the system as a whole or
maybe used as a discrete source of irrigation water for the Rio Grande Park. This is not
correct; the well cannot be used as a discrete source of irrigation water for the Rio
Grande Park.
2. A transformer location will have to be provided on the Customer's property that meets
the COA Utility standards for safety clearances per National Electric Safety Code.
3. Customer will pay for costs incurred by the COA Electric System in engineering fees for
calculating and designing load profiles for the premises.
4. On-site drainage detention solutions are questionable due to poor soil conditions
existing. Not a good assumption to assume good granular site soils.
,;
i
Page 1 of 1
tJ~YffigT' D
Jason Lasser
From; Bert Myrin [Bert@Myrin.com]
Sent: Wednesday, January 02, 2008 6:31 AM
To: Jason Lasser
Subject: Truman Neighborhood Commercial Project
Attachments: 20071231 Notice of public hearing 4 weeks ago.pdf
Good Morning Jason, I am interested in obtaining all the information currently available for the
attached public notice. Please email whatever is available in PDF format and let me know
when would be a good time to stop by the 3rd floor of City Hall to pick up anything that remains
in paper format.
Rdditionally, I'm curious why the public notice for a hearing to be held on December 4th was
cancelled by the post office on December 28th? Please make note on the record that I object
to the order in which the hearing was scheduled prior to the mailing of the public notice.
T hank you for providing all available further information on this application. -Bert
Cuthbert L. Myrin Jr.
e-mail: Bert@Myrin.com
300 Puppy Smith St. #203-101
Aspen, Colorado 81611
(970) 925-8645 Landline
(970) 925-2691 Mobile
(815) 361-9123 Fax
In politics it's what peap{e believe is true, nat what actuaily is true that really matters.
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EXHIBIT H
DAVID 10HNSTON ARCHITECTS vc
February 07, 2008
Jason Lasser
Planner
City of Aspen Community Development Department
Aspen, Colorado
Re: Puppy Smith Plaza
Conceptual SPA Application
Revisions to Original Application
Jason,
Enclosed are revised plans and renderings for the Puppy Smith Project. They serve as
updates for the Conceptual SPA Application dated September 28, 2007, and address various
ideas, concerns, and other design modifications reviewed with you and your staff. Our
intent is to include this information in updated P£tZ packets for the meeting on February
26, 2008.
We have included colored renderings and presentation drawings in 11x17 formats. Please
let me know if you would like additional color copies or reduced format drawings. We will
have full 24x36 presentation boards for the meeting.
The following is an outline of the changes to the design presented in original submission of
09J28J07:
I. Pedestrian Circulation and Amenities -Site Planning
a. The entrances to the South pedestrian walkway have been expanded and
enhanced on both the east and west sides.
b. A pedestrian entrance to the new site has been created on the east side with
Mill Street. The entrance includes steps, a ramp, a bike rack, and a location for
sculpture art. The cross walk will be enhanced at this location to Rio Grande
Park.
c. An enhanced entry access to the site from Mill Street to the existing Truman
Building will be created to allow pedestrians to enter the complex without
crossing the existing loading ramp.
d. The site now includes a new sidewalk along the South side of Puppy Smith,
which includes a green space buffer at the curb line of the road.
e. The existing parking lot now contains a north south pedestrian circulation path
through the existing parking lot connecting the existing Truman Bldg plaza with
the new Puppy Smith Plaza building.
f. Landscaping has been increased, both within the site and along Mill Street.
g. New patios and circulation spaces have been added to the (4) ground level
Affordable Housing Units.
II. Building Design
a. The public Terrace along the east elevation adjacent to the Mill Street sidewalk
has been increased to 10'-0", allowing for a variety of outdoor uses.
b. Adjusted the exterior design of the Northwest corner at the Post Office and
Puppy Smith Road intersection. The new design pulled in the lower level
exterior walls to soften the building mass. A curved radial form was enhanced
at the upper level to mimic the curves of the road and to add an industrial
design element to the architecture.
c. The formal character of the building was reduced by expanding the industrial
materials and additive forms complimenting the traditional brick surfaces.
d. The Mill Street and Puppy Smith corner of the building was redesigned to
accommodate the expanded terrace at the building, while responding to the
"gateway" approach from the North. Signage was added to the retaining walls
accordingly.
e. The retaining walls along the Puppy Smith sides of the building (North) were
softened by conforming to the natural grade and utilizing a more organic
layout. Walls are now curved and random, containing various levels of green
space, stairs, and patios.
f. An additional Affordable Housing Studio Unit was added to the upper level,
bringing the total AH units to (9).
Please call with questions or comments, or if we can provide any additional information
prior to the meeting on the 26`"
Respectfully Submitted,
David Johnston
David Johnston Architects, pc
Feb. 11. 2008 10:08PM Vann Assoc.
VANN ASSOCIATES, LLC
Planning Consultants
February 11, 2008
F7ANr1 DELIVERED
Mr. 7ason Lasser
Community Development Deparhnent
130 South Galena Street
Aspen, CO 81611
Re: Puppy Smith 1'laza/Revised Development Data
Dear 7ason:
No. 1623 P. 2
The purpose of my letter is to sr_ ±++~ri~e various changes to the development data for
the Puppy Smith Plaza application. The new data is the result of revisions which
have been trade to the site development plan and the building's architecntre in
response to the Community Developtent Department's initial review comments.
David 7ohnstou will be delivering the revised drawings to you under separate cover. 1
would appreciate it if you would inchtde both the revised drawings and development
data in your February 26 memorandum to the Planning and Zoning Commission.
As revised Sheet S, Floor Area Calculations, indicates, the proposed building's total
floor area is now approximately 25,988 square feet, a reduction of 243 square feet
from the original submission. The reduction is attributable primarily to the provision
of the outdoor terrace area at the east end of the building's main level. As a result,
the main Level wmmereial floor area has decreased by 407 square feet to approxi-
mately 7,982 square feet. The affordable housing floor area remains essentially
unchanged while the free market residcntial floor araa has incrcascd by 194 squarc
feet. The increase in free market floor area is attributable to the greater percemage of
ran-unit space that must be attributed to this building component as a result of the
d~asg in CpmmP.v-igl floor area.
With respect to net leasable/net livable area, revised Sheets 9 and 10 indicate that the
building's net leasable commercial area has decreased by approximately 512 square
feet. Again, this decrease is attributable t0 the staffs requested inclusion of the
'outdoor terrace at the east end of the building's main level. The net livable area of
the building's affordable housing units, however, has increased by approximately 248
square feet. "This increase reflects adjustments to the size of the original eight units
230 East Hopkins Ave. Aspen, Colorado 81811 9701925-8958 Fax 970/920-9310
Feb, 11. 2008 10:08PM Vann Assoc. No. 1623 P. 3
Mr. Jason Lasser
February 11, 2008
Page 2
and the inclusion of an additional studio affordable housing unit on the building's
upper level. As a result, the building now includes nine affordable housixig units as
opposed to eight. Please note that the net livable area of the building's free market
residential units remains uacbanged.
As you know, the floor area of the affordable housing tutus must equal or exceed the
floor area of the free market residential units in order to utilize an allowable free
market floor area ratio of O.S:1. This requirement has been met in the revised design
as the building's affordable housing floor area is approximately 9,120 square feet
while its free market residential floor area is 8,886 square feet. In addition, the
regulations requite that the building's commercial floor area equal or exceed its free
market residential net livable area. The revised building also meets this requirement
as its commercial floor area is approximately 7,982 square feet while its free market
residential net livable area is approximately 7,500 square feet.
With respect to parking, please note that revised Sheet 1, Conceptual SPA T?evelop-
ment Plan, depicts five fewer surface parking spaces than the original submission. In
addition, revised Sheet 2 depicts one less space in the building's garage level. The
loss in surface parking is a direct result of the site plan improvements requested by
the staff while the garage revision is due to various architectural changes at the west
end of the building. The revised on-site parking proposal of 86 spaces, however,
corninues to significantly exceed the property's minimum parking requirement of 76
spaces.
Assuming that a minimum of IO percent of the building's net leasable commercial
area will ultimately be utilized for bathrooms, circulation and tenant storage, the
actual net leasable area based on the revised drawings will be approximately 6,147
square feet. The revised affordable housing mitigation requirement for the bullding
commercial space, therefore, is approximately 15 employees as calculated below.
The proposed nine on-site affordable housing uztits will house a total of 18.5 employ-
ees, or 3.5 employees more that the tninitnum required.
6,147 Sq. Ft. _ 1,000 Sq. Ft. = 6.1
6.1 Employees x 4.1 Employeesl1,000 Sq. Ft. = 25.0 Employees
25.0 Employees x 0.60 = 15 Employees
As revised Sheet 12 illustrates, the proposed public amenity space on Lot 1B that
strictly complies with the regulations has increased slightly as a result of the build-
ing's revised footprint. Please note, however, that the new building includes signifi-
cant additional. public areas which, while not strictly meeting applicable regulatory
requirements, nonetheless addresses the spirit and intent of the public amenity goal.
Feh.ll. 2008 10:09PM Vann Assoc.
Mr. Jason Lasser
February I1, 2008
Page 3
IVo.1623 P. 4
For example, the covered outdoor terrace at the east end of the building will make a
great amenity for a potetttial restaurant bnt does not count as public amenity space as
it is not open w the sky above. Having this area covered, however, will greatly
enhance its use in inclement weather.
Should you have any questions, or iif I can be of any further assistance, please do not
hesitate to call.
Yours folly,
VANN ASSOCIATES, LLC
Vann, .AICP
cc: bavid Johnston
Puppy Smitb, LLC
d:loldclbusk5ry.1G11u51507-j1 l
RESOLUTION N0. 16
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL INCLUDE
THE PROPERTY COMMONLY KNOWN AS 300 PUPPY SMITH STREET
(CLARK'S PARKING LOT) IN A MASTER PLAN FOR THE AREA,
INCLUDING THE ADJACENT PROPERTIES KNOWN AS CLARK'S
MARKET, THE POST OFFICE, AND THE NORTH MILL PLAZA.
Parcel ID: 2737-073-52-OOl
WHEREAS, the Corrununity Development Deparunent received an application
from Puppy Smith, LLC, represented by Sunny Vann of Vann Associates, LLC
requesting of the Planning and Zoning Commission a recommendation of conceptual
approval for a Specially Planned Area (SPA) amendment to develop Commercial net
leasable space, five (5) free-mazket residential units and nine affordable housing units;
and,
WHEREAS, at a public hearing conducted on March 18, 2008, the Planning and
Zoning Commission adopted Resolution No. 11, Series of 2008 by a four to one (41)
vote granting conceptual approval of the application; and,
WHEREAS, during the discussion about the Puppy Smith conceptual SPA and
conceptual Commercial Design Review application, the Aspen Planning and Zoning
Commission discussed and drafted a second motion recommending to the City Council that
the Puppy Smith Street Plats be included in a master plan for the azea.
WHEREAS, at the Mazch 18, 2008 hearing, upon further public testimony,
discussion and consideration, the Planning and Zoning Commission adopted Resolution
No. ~, Series of 2008, recommending that the Puppy Smith Street Plaza be included in a
master plan for the azea by a vote of four to zero (40) with one member abstaining from the
vote, and,
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1:
The Planning and Zoning Commission hereby recommends to City Council that the
Puppy Smith Street Plaza be included in a master plan for the neighborhood.
Section 2:
This Resolution shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 18th
day of March, 2008.
APPROVED AS TO FORM:
a-------
City Attorney
PLANNING AND ZONING
COMMISSION:
~~
Ersp tner, Chair
ATTEST:
i~ ~~_
ckie Lothia ,Deputy City Clerk
_._ _ _ `~ EXHIBIT L
ASPEN PLANNING & ZONING COMMISSION -MINUTES -
FEBRUARY 26.2008
LJ Erspamer opened the Special Aspen Planning & Zoning Commission Meeting
in Sister Cities at 4:30. Commission members present were Cliff Weiss, Dina
Bloom, Stan Gibbs, Brian Speck and LJ Erspamer. Jim DeFrancia and Michael
Wampler were excused. Staff present were Jim True, Special Counsel; Jennifer
Phelan, Jason Lasser, Community Development; Jackie Lothian, Deputy City
Clerk.
COMMENTS
Jim True said that since there would be 4 voting members present that there must
be 3 affirmative votes for any action to take place. LJ Erspamer asked if the 2 to 2
vote was a tie with no action taken. Jim True replied that it was P&Z provisions
were a little different; a tied vote would be deemed no action and how you proceed
at that point was up to you. Sunny Vann stated it was a failed motion. True said it
was a failed motion because you cannot deem it as an approval because there must
be 3 affirmative votes for an approval whether you want to continue it is up to
P&Z. Erspamer asked if the hearing could be continued when a larger commission
was present.
Erspamer said that they need to elect the offices and P&Z may want to delay when
more commissioners were present. Jennifer Phelan stated that Mike Wampler
would become a full member.
DISCLOSURES OF CONFLICTS OF INTEREST
Michael Wampler was conflicted on 300 Puppy Smith. Brian Speck stated that he
had to leave at 5:30pm. LJ Erspamer said his physical therapist was with the
Aspen Club; even though he hasn't been to the physical therapist in 2 years.
PUBLIC HEARING:
300 PUPPY SMITH STREET -CONCEPTUAL SPA AMENDMENT AND
COMMERCIAL DESIGN
LJ Erspamer opened the public hearing for Puppy Smith. Sunny Vann provided
the public notice.
Jason Lasser provided the sketch up of the Conceptual SPA and Commercial
Design Review for 300 Puppy Smith Street. Lasser said that the SPA allowed for
flexibility in design to vary uses, allow for density, access, mass and height, and is
this mix okay for this area. There was some overlap between the SPA and the
Commercial Design Review. The Commercial Design Review would be scale,
character, streetscape, pedestrian uses, creating a better and safer environment.
Lasser said with a good proposal there was a lot of development that could happen
ASPEN PLANNING & ZONING COMMISSION -MINUTES -
FEBRUARY 26.2008
changes from the applicant and these changes turned up February 11~' and there
was not enough time to get a referral from the different departments with the DRC.
Lasser said that this was conceptual review so the discussion was on the mass,
scale, uses, and was the mix appropriate for this area.
Cliff Weiss asked if this was part of SCI. Vann replied NC (neighborhood
commercial) was the district.
Sunny Vann said there were not a lot of regulatory issues other than the height
discussion in this application that were at issue; the issue is site design, pedestrian
access, things that were primarily commercial design review standards; Parks was
the only review agency that had comments. Vann said there were changes in the
sketch up model and site design that have not been identified; the circulation issues
have been major improvements to the site design. Vann said the owners of the
property were approached by the city to say there was an underutilized pazking lot
down there; there were only 2 neighborhood commercial areas in town (City
Market and this area). Vann said that this was an infill project very close to the
original infill concept was trying to find underutilized sites to produce needed
public benefits (additional neighborhood commercial). Vann said there was only
one azea under the SPA that a variance was requested and that was the pedestrian
amenity space on the parcel contains the new building. Vann said that the project
complies with the other requirements except the height and the architect, David
Johnston, will address that. Vann said that they were underneath the FAR; the
project meets the affordable housing requirements and has more than is required;
the free market units comply with less than the maximum allowed on site; the
setbacks meet. Vann said the pedestrian amenity is a particular problem on a site
like this because of the parking lot; they have to preserve a certain amount of
parking for obvious reasons and the pedestrian amenity becomes more integral to
the building. Vann said there was about 8,000 squaze feet of new commercial floor
azea on the ground floor, which is orientated towazd the parking lot itself; there
were 9 affordable housing units (4 on the ground floor and 5 on the second floor);
5 free market units (maximum net livable size of 1500 square feet each) on the
upper level as well (2 one bedrooms and 3 two bedrooms). The 9 affordable
housing '* ^^^~' * _f ~ _fi ~:_ ' _- _ ~-brooms, 4 two bedrooms and 1 three
bedroom; these may well turn out to be some of the nicest affordable housing units
in the community because of their orientation, location and the size of the proposed
units. Vann said they were required to house on site 1 S employees to mitigate the
free market residential and commercial space; this project houses 18'/z employees.
Vann said in order to put additional commercial space on this property obviously it
had to be in the pazking lot because there was no other place to put it; there was a
25 year lease on the grocery store and long term leases on the other existing leases.
3
open space was what was there today; if divided into 2 parcels the Trueman lot
remains unchanged and the amount of open space on lot 1B become it's applicable
requirement; they were prepared to pay cash-in-lieu for the lost open space. Vann
said that open space was defined as clear to the sky above with nothing
overhanging was the open space; open space has to be a minimum depth and can't
be more than "x" feet above or below grade; because they can't provide traditional
open space in a parking lot so they have provided functional pedestrian amenity
spaces. Vann said the pedestrian amenity space did not meet the technical
requirement of the code because the restaurant space was under an overhang; as a
practical matter it was desirable because it was seasonal not just anon-inclement
weather use but you can use it all the time.
Lasser noted that the parking (on the south side) next to the new building required
an encroachment permit or an easement. Vann replied that it was all shared
parking. Lasser said the ramp slope is an important issue and there were
requirements for that.
David Johnston, architect, introduced his partner Brian Beazley and azchitect
Dustin from his office. Johnston said the site plan showed a landscape plan to help
cleanup some of the vehicular circulation that comes around the building in the
existing parking lot with a one way circulation. Johnston said the Puppy Smith and
Mill Street circulations would also be improved with a sidewalk added on Puppy
Smith and street trees. Johnston said that pedestrian circulation was created all the
way around the building; the covered space was 8 foot 6 inches from curb to glass
and the columns were much thinner. Johnston said there was an emphasized open
space on the east elevation to create a gathering space. The east portion included
stairway access, handicap access, bike racks and sculptures up from the
intersection.
Johnston said the height was varied from 28 feet to 32 feet; he utilized drawings
showing the overview with parapets. Johnston said the floor to floor heights were
14 feet with about 12 foot ceilings in the commercial spaces and the upper units
were 12 feet and 10 feet respectfully barring any soffits; the two ends were about
32 feet.
Stan Gibbs asked what the constraints were that prevents you from putting the trees
where you wanted to. Vann replied the original proposal had evergreens but the
Parks Department wants a 5 foot planting strip between the edge of the curb and 5
foot sidewalk and the purpose of that planting strip is for trees but also for snow
removal storage.
5
ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
MARCH 18.2008
..................................... ~
MINUTES
............................................................................
2
COMMENTS .......................................................................................................... ..
DECLARATIONS OF CONFLICTS OF INTEREST 2
........................................... ..
2
1450 CYRSTAL LAKE ROAD ............................................................................. ..
300 PUPPY SMITH STREET -CONCEPTUAL SPA AND COMMERCIAL
2
DESIGN REVIEW .................................................................................................. ..
1310 RED BUTTE DRIVE, STREAM MARGIN REVIEW ................................ 10
ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
MARCH 18, 2008
commercial design looked at street, alley, parking, topography, public amenity
space, building placement, height, mass and scale.
Lasser noted this was a building on the north edge of the Clark's parking lot with a
3 story, one sub-grade for parking, the ground floor for commercial and affordable
housing and the second floor free market and affordable housing. Staff
recommended approval with conditions: widen the sidewalk on the southwest side
to approximately 8 feet; review the height and keep the height to a maximum of 28
feet; create a pedestrian link and stairs on the comer of Mill and Puppy Smith
Streets, northeast corner of the property; pedestrian permeability through the site;
create a building with a gateway ability from the north that complies with the
commercial design guideline objectives and create a public amenity space that was
open to the sky on the east edge of the building.
David Johnston said there were color photos in the handout that show the building
from a pedestrian level and street level with the massing that occurs down the
street.
Sunny Vann said that the majority of the conditions in the resolution were pro
forma but there were two sections page 2 of the resolution which has 8 affordable
units that is now 9 units. Vann said that section 4 affordable housing was really 2
parts with Housing sending an email today clarifying the existing 18 units in the
Clark's Market building and everything after that has to do with the new units in
this project. Those Clark's Market units cannot be condominiumized or sold and
are subject to a minimum 6 month lease restriction and check-in periodically to
confirm occupancy; these were 1976 requirements made into deed-restrictions to
be recorded at the end of this process.
David Johnston handed out ablow-up drawing (exhibit L) of the sidewalk and
associated dimensions of the covered walkway along the south side; it was
expanded on the two ends to be wider. Vann told P&Z these were commercial
guidelines and you should exercise your judgment and you have the ability to vary
them as necessary and in this particular case a reasonable variance of 4 inches
behind a half a dozen columns is appropriate to maximize the neighborhood
commercial square footage; there were only two places in town that neighborhood
commercial could be built one is the city market complex and the other is this
complex. Vann said the property across the street was SCI so the kinds of uses that
can be put here can't go there; they were trying to maximize the use of what was
available here.
ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
MARCH 18, 2008
lots; this involves a subdivision; the new buildings are on a separate parcel. Vann
said the parking lot and common features would all operate in common, there
would be no physical distinction; all of the dimensional requirements were based
on each building and respective lots. Vann said they took the public amenity space
that exists there today without the building on each of the 2 lots and it's less than
what would be required under the code; the code says that if it's less than today
you can maintain what's there today provided you don't provide less than 10%.
Vann said that they can ask P&Z for a reduction in public amenity subject to a
payment ofcash-in-lieu. Vann noted on lot 1B the new lot there was about 21%
public amenity space currently where all the snow was and the code requirement
was 25% so the applicable requirement is 21 % unless it is reduced by P&Z, which
would occur at the final stage and cash-in-lieu is paid for the difference. Vann
stated once the building was put there it goes down to about 15%, which is a
reduction of about 6%; however the code requires it to be clear and open to the sky
and there were areas that meet the public amenity space requirement (cross hatched
on the drawing) of 15% and additional areas that can be used by the public that
don't technically meet the requirement the 10 to 12 feet tentatively to be used for
outdoor dining or a bike shop or whatever. Vann said that this space offsets the
6% and of all of the public available areas there was about 27%; they asked for the
grass area to be reduced by 6% to accommodate the building and pay cash-in-lieu
instead. Vann said that staff suggested removing the overhang then the applicant
wouldn't have to pay the cash-in-lieu; that was afree-market unit and affordable
housing upstairs; they wouldn't reduce the free-market unit and they could reduce
the 9~' affordable housing unit but there were downsides to it. Vann said as a
practical matter having a covered space was desirable and adds architectural
interest and helps break up the mass of the building as opposed to having a vertical
wall. Weiss stated that this public amenity space could be used as a restaurant or
just as easily a bike shop; the overhang was less of an issue if it were a restaurant.
Vann replied that staff suggested the outdoor space but it was never really
envisioned as meeting the requirements of the code under the definition of public
amenity because it was not clear and open to the sky; there were other outdoor
areas that were beneficial to the public but do not meet the definition of the code.
Weiss asked if the covered area were taken off on that side would it meet the %.
Vann responded that if they took it off it would not bring them into compliance;
they would still need to pay a portion in cash-in-lieu. DeFrancia asked if they were
prepared to pay the cash-in-lieu of the area not open to the sky. Van replied yes.
Vann said under the commercial design standards it says that the height maybe
increased. Johnston stated they tried to vary the height for the whole building;
offset shorter pieces that break up the whole mass and larger pieces at the third
points that create a variety down the length of this building. Johnston said they
5
ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
MARCH 18.2008
engineer and there were changes to the islands for movements; what they were
committing to was an improvement in circulation. Erspamer asked why was that
date picked for the traffic study. Vann responded it just happened to be that date.
Erspamer asked the projections of pedestrian traffic versus vehicle traffic. Vann
replied that they were not required to compute pedestrian traffic but were required
to use certain standards adopted by the traffic institute to estimate the peak impacts
on the intersection as well as the average daily, which was an additiona1400 cars
resulting in 6 trips in the am peak hour and 28 trips in the evening. Vann stated
they were required to analyze the impact of those trips on the carrying capacity of
the street and the intersection not whether you like the additional congestion or
whether or not you think it's too much. Vann said that the goal was [o create
additional neighborhood commercial space not accommodate additional cars.
Public Comments:
1. Tom Clazk, owner of Clark's Market, said that originally the neighborhood
commercial zone district was more restrictive than it is now. Clark said he was not
at the meeting to be for or against the project but had a couple of concerns. Clark
said there were different kinds of retail stores and parking requirements; the
grocery store was visited more than a jewelry store. Clark said there was not a lot
of walk in-traffic; most people drove to Clark's Market and there was no street
parking. Clark said it was company policy for employees of Clark's not to park in
the parking lot and 65 spaces left in the parking lot were not that many and they
were nervous about the parking situation. Clark voiced concern for construction
phasing and parking.
Sunny Vann said that parking was problematic because of others parking in that lot
that were not shopping in the market or other stores; the parking lot will be re-
signed to one hour parking customers only. Vann said the one hour would
discourage bikers, hikers, skiers, construction employee pazking and so forth.
Vann said the new building would prohibit employee parking in the lot and for the
affordable housing units there will be a rent reduction offered to those tenants who
do not have cars or store their cars in another location. Vann said there would be
about 75 to 78 spaces as opposed to 112 on the surface but controlled in such a
way that spaces will not be lost to non-customers of the project and it exceeds the
code requirements for parking and coincides with the City's disincentive for
parking. Vann said that the new parking lot was key-card limited; the circulation
for the dock and parking lot was improved.
Jim DeFrancia stated that it was a well designed and well presented project and
was pleased with the affordable housing. DeFrancia said the 5 to 6 inches of
sidewalk space did not seem significant; the commercial square footage
7
ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
MARCH 18, 2008
Weiss said that there was not an actual shuttle stop on the Clark's Market side of
Mill Street and people drive to Clark's Market; parking was an issue.
MOTION: Jim DeFrancia moved to approve Resolution #11 amended as follows
with regards to Section 1 eliminating present condition #1 (8 ft minimum sidewalk)
and allowing the site variances requested; eliminating condition #2 and review
the height and setback variation relationship to the surrounding contextual
buildings with respect to the northwest corner to de-emphasize the mass of the
proposed building and to lessen reading of one structure.; eliminating #3 (doing
away with the stairs entirely); retaining #4; modifying #5 to call for the applicant
to pay 6% in lieu of open sky compliance. Seconded by Dina Bloom. Roll call
vote: Gibbs, yes; Bloom, yes; Weiss, yes; DeFrancia, yes; Erspamer, no.
APPROVED 4-1.
Discussion: Stan Gibbs asked for an amendment to the motion retaining the height
and setback of the building. Jim DeFrancia said that reason that he did not favor
condition #2, which was holding the height at 28 feet was because of that straight
line at 28 feet across. Gibbs said that it wasn't the 28 feet but he requested
eliminating the words in condition #2
feet. DeFrancia agreed with Gibbs to "review the height and setback variances
with emphasis on the northwest comer and strike the last part of the sentence.
Bloom asked for the motion to be repeated. DeFrancia stated it would be to review
the height and setback variation relationship to the surrounding contextual
buildings with respect to the northwest corner to de-emphasize the mass of the
proposed building and to lessen reading of one structure. Weiss stated that he
wasn't sure that a master plan can be a part of the amendment to the motion but it
can be a recommendation to Council. DeFrancia asked Cliff if he would
recommend to Council to consider the broader planning aspects of the surrounding
areas. Vann told the planning commission that if they all felt that this shouldn't go
forward unless there is a master plan then that's inconsistent with what was
represented a minute ago; if a majority of you would like to entertain Cliff's desire
to see this area master planned prior to this project going forward you can make a
separate recommendation to Council. DeFrancia said he would support a separate
motion to City Council about a greater focus on master planning considerations.
Vann said that if the motion was altogether it would burden his client with waiting
around for a master plan to be done. Weiss said that he didn't care if the motion
was attached to the motion or as a separate motion as long as City Council got the
motion or motions.
MOTION: Stan Gibbs moved to continue the meeting until 7:30; seconded by Jim
DeFrancia. All in favor, APPROVED.
9
ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
MARCH 18.2008
height was measured at the forty-five degree angle there was a little bit of the gable
roof but the way the height was measured it was not a problem.
Josh Smith from John Muir Architects said the client agreed to the fisherman's
easement and that building does clear.
Erspamer asked the height of the bank. Lasser replied there were contour lines and
the development was 15 foot from top of slope with notes from the Parks
Department.
No public comments.
MOTION.' Jim DeFrancia moved to approve Resolution #13, series 2008, with a
condition for a fisherman's easement, to a stream margin review to construct a
single family residence at 1310 Red Butte Drive; seconded by Stan Gibbs. All in
favor, APPROVED 5-0.
Adjourned at 7:30pm.
F
ckie Lothian, Deputy City Clerk
11
V111 b
MEMORANDUM
TO: Mayor Ireland and City Council
THRU: Jennifer Phelan, Deputy Community Development Director
FROM: Amy Guthrie, Historic Preservation Officer
RE: Second Reading of Ordinance #16, Series of 2008, Code Amendment to
Municipal Code Section 26.535, Transferable Development Rights
DATE: June 9, 2008
SUMMARY: The historic preservation program has included special benefits for owners of
landmark property since 1987. In 2003, Transferrable Development Rights (TDR's) were
adopted as a means to take development pressure off of historically designated homes by
moving the squaze footage to non-landmazk residences where the expansion would have less
impact.
This concept was modified in 2007, when commercial azeas became potential landing sites as
well. In this case, landing a TDR allows the purchaser to exceed newly established maximum
multi-family unit sizes by 500 squaze feet of net livable area (interior area minus certain
exclusions for storage, mechanical, etc.) For example, in the Commercial Core, amulti-family
unit capped at 2,000 square feet of net livable space may be designed to 2,500 squaze feet of
net livable, with the landing of a TDR. Because this form of TDR does not increase overall
floor area ratio (FAR), but provides more flexibility for one programmatic element of the
building, Community Development believes it allows the mazket for TDR's to be more broad,
which increases their monetary value and their worth as a historic preservation incentive.
At the time of the 2007 amendment noted above, Staff had intended to allow that TDR's being
applied to unit size expansion could be landed on designated properties. That provision was
unintentionally overlooked and is being brought forwazd for consideration now.
The following code amendment proposes to allow a TDR to be landed on a designated
property, solely for the purpose of increasing the maximum multi-family unit size, not the
overall FAR limit for the property. TDR's allow unit sizes to increase from 2;000 to 2,500
square feet in the CC, C-1, and MU zone districts and 1,500 to 2,000 square feet in the NC, CL,
and L zone districts. In RMF and RMFA, a unit may increase from 2,000 to 2,500 squaze feet
within the Infill azea, and 2,500 to 3,000 squaze feet in outlying neighborhoods. Currently,
there aze not designated landmarks within the NC, CL, and RMFA zone districts, although that
could change in the future.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 1
REVIEW PROCESS: According to Section 26.310.020, in order to amend the Code, there
must be a public heazing and recommendation from the Planning and Zoning Commission, and
a public hearing and affirmative vote by City Council. The review criteria for code
amendments are located at Section 26.310.040 and aze addressed by Staff in Exhibit A to this
memo.
The Planning and Zoning Commission recommended approval of this amendment on May 20,
2008, by a 6-0 vote.
PROPOSED CODE AMENDMENTS
Staff proposes amendments to existing language within the Municipal Code as follows. New
language is underlined and removed language is stFiekert
Amend Section 26.535.010 Purpose to read as follows:
26.535.010 Purpose.
The purpose of this Chapter is to encourage the preservation of Historic Landmarks, those
properties listed on the Aspen Inventory of Historic Landmazk Sites and Structures, within
the City of Aspen by permitting those property owners to sever and convey, as a sepazate
development right, undeveloped Floor Area to be developed on a different end-neu-histerie
property within the City of Aspen. The program enables standazd mazket forces, and the
demand for residential Floor Area, to accomplish a community goal of preserving Aspen's
heritage as reflected in its built environment.
Amend Section 26.535.030 Applicability and Prohibitions to read as follows:
Section 26.535.030 Applicability and Prohibitions.
This chapter shall apply to properties eligible for issuance of a Historic TDR Certificate,
known as Sending Sites, and properties eligible for the extinguishment of a Historic TDR
Certificate, known as Receiving Sites. City of Aspen Historic TDR Certificates may only
be used within the city limits of the City of Aspen, as hereinafter indicated, or in
unincorporated Pitkin County, if and as may be permitted by the Pitkin County land Use
Code. Pitkin County TDRs aze not eligible for extinguishment within the City of Aspen.
Sending Sites shall include all properties within the City of Aspen designated as a Historic
Landmark, those properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures, in which the development of asingle-family or duplex home is a permitted use,
according to Chapter 26.710, Zone Districts. Properties on which such development is a
conditional use shall not be eligible. Sending Sites may also be established through
adoption of a Final PUD Development Plan, pursuant to Chapter 26.445.
Sending sites shall remain eligible for all benefits, bonuses, etc. allowed properties
designate a Historic Landmark after establishment of transferable development rights,
pursuant to Chapter 26.415.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2
Receiving Sites shall include all properties in the City of Aspen permitted additional development
rights for extinguishment of a Historic TDR is Chapter 26.710, Zone Districts nef-iHeludi~g-ae3~
A property may also be designated as a
Receiving Site through adoption of a Final PUD Development Plan, pursuant to Chapter 26.445.
The allowable development extinguishment of a Historic TDR Certificate varies depending upon
the zone district of the Receiving Site and the use of the land. Chapter 26.710, Zone Districts,
describes the development allowance for each Historic TDR Certificate extinguished.
A Historic TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of Title
shall be evidenced by an assignment of ownership on the actual certificate document. Upon
transfer, the new owner may request the City re-issue the certificate acknowledging the new
owner. Re-issuance shall not require re-adoption of an ordinance.
The market for Historic TDR Certificates is unrestricted and the City shall not prescribe or
guazantee the monetary value of a Historic TDR Certificate.
The Community Development Director shall establish policies and procedures not inconsistent
with this Chapter for the printing of certificates, their safe-keeping, distribution, recordation,
control, and extinguishments.
Amend Section 26.535.080 Review Criteria for Extinguishment of a Historic Transferable
Development Right to read as follows:
26.535.080 Review Criteria for Extinguishment of a Historic Transferable Development
Right.
Historic TDR Certificates may be extinguished to accommodate additional development e€t~-xen-
LI' 4 i d 1 .. -.....a.. ,.a r...4..d •6o Ao ~~'^4••••'••
r r /. r~~r /
if the community Development Director finds the following
standazds have been met:
A. The Receiving Site is not restricted by a prescribed Floor Area limitation or the restricting
document permits the extinguishment of Historic TDR Certificates for additional development
rights.
B. The Receiving Site ' '' ' a '~ " _ r-...,...a..-... ,.r u:~a,...t., r .....1_...-.1. c:.,....._a
St~uetares--aid is eligible to receive an increase in development rights as specified in Chapter
26.710, according to the zone district and the land Use, or as otherwise specified in a Final
PUD Plan for the property.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3
C. All other necessary approvals for the proposed development on the Receiver Site, as
established by this Title, have been obtained.
D. The applicant has submitted the requisite authentic Historic TDR Certificate(s) for
redemption.
E. The applicant has submitted the necessary materials for a building permit on the Receiver
Site, pursuant to Section 26.304.075, Building Permit, and the additional development
can be accommodated on the Receiver Site in conformance with all the other relevant
requirements.
F. Prior to, and a condition of, issuance of a building permit for a development requiring the
extinguishment of a Historic TDR Certicate(s), the applicant shall assign and deliver the
authentic certificate(s) to the City of Aspen whereupon the certificate(s) shall be marked
"extinguished."
G. The Community Development Director shall issue a letter confirming the extinguishment
of the TDR Certificate(s) and increasing the available development rights of the Receiver
Site. The applicant may wish to record this document with the Pitkin County Clerk and
Recorder. The confirmation letter shall not stipulate an absolute total Floor Area, but
shall stipulate a square footage increase from the allowable Floor Area, according to the
zone district and land use of the Receiver Site at the time of building permit submission.
The Receiver Site shall remain subject to amendments to the allowable Floor Area and
eligible for certain Floor Area Incentives and/or exemptions as may be authorized by the
City of Aspen Land Use Code, as may be amended from time to time. The form of the
confirmation letter shall be acceptable to the City Attorney.
H. The development allowed on the Receiver Site by extinguishment of Historic TDR
Certificate(s) shall be that allowed in Chapter 26.710, according to the zone district and
the land use, or as otherwise specified in a Final PUD Plan for the receiver Site and shall
not permit the creation of anon-conforming use or structure.
STAFF RECOMMENDATION: Staff finds that the proposed amendment to the Municipal
Code complies with the applicable review criteria and should be approved.
RECOMMENDED MOTION: "I move to adopt Ordinance #16, Series of 2008.
Attachments:
Exhibit A: Amendments to the Land Use Code -Staff Findings
Exhibit B: Potential Affected Properties
Exhibit C: Example
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4
EXHIBIT A
Amendments to the Land Use Code
Section 26 310 040 -Standards for Review of an Amendment to the Text of Title 26.• In
reviewing an amendment to the text of this Title or an amendment to the official zone district
map, the City Council and the Planning and Zoning Commission shall consider:
Whether the proposed amendment is in conflict with any applicable portions of this Title.
STAFF FINDING: Does it Comply? YES
Staff is unawaze of any conflicting portions of the Title.
Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
STAFF FINDING: Does it Comply? YES
Staff finds that the amendment supports the Historic Preservation element of the AACP,
which includes the goals of making improvements to the historic preservation process and
protecting all buildings of historic significance.
Whether the proposed amendment is compatible with surrounding zone districts and land uses,
considering existing land use and neighborhood chazacteristics.
STAFF FINDING: Does it Comply? YES
The code amendments have no direct affect on land uses.
The effect of the proposed amendment on traffic generation and road safety.
STAFF FINDING: Does it Comply? YEs
The code amendments have no effect on traffic generation and road safety.
Whether and the extent to which the proposed amendment would result in demands on public
facilities, and whether and the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited to transportation facilities, sewage
facilities, water supply, parks, drainage, schools, and emergency medical facilities.
STAFF FINDING: Does it Comply? YES
There will be no additional affect on infrastructure as a result of this code amendment.
Whether and the extent to which the proposed amendment would result in significantly adverse
impacts on the natural environment.
STAFF FINDING: D08S It COm 1 ? YES
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 5
This code amendment has no direct impacts on the natural environment, however,
preservation can have less negative effect on the natural environment than new
construction.
Whether the proposed amendment is consistent and compatible with the community chazacter
in the City of Aspen.
STAFF FINDING: Does it Com 1 ? YES
Aspen's physical character is in great part defined by the community's historic
resources. Ensuring that Aspen has an effective historic preservation process and
good benefits for property owners will allow us to be more successful in protecting
this chazacter, which is vitall im ortant to the econom and livabili of town.
Whether there have been changed conditions affecting the subject parcel or the surrounding
neighborhood which support the proposed amendment.
STAFF FINDING: Does it Comply? RIOT APPLICABLE
Historic Preservation is an increasingly difficult task in Aspen because of high property
values. It is clear that the City must provide a workable historic preservation program and
benefits which is addressed through these code amendments.
Whether the proposed amendment would be in conflict with the public interest and whether it
is in harmony with the purpose and intent of this Title.
STAFF FINDING: Does it Comply? YES
Staff finds that the proposed amendment will not be in conflict with the public interest
and, in fact, will help to protect the public interest by preserving historic structures for
everyone to enjoy.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 6
EXHIBIT B
Potential Affected Properties
CC (COMMERCIAL CORE HISTORIC DISTRICT)
420 E. Cooper (Red Onion)
501 E. Cooper (Independence Building)
529-531 E. Cooper (La Fave Block)
104 S. Galena (St. Mary's Rectory)
130 S. Galena (Armory, City Hall)
203 S. Galena (Hyman-Brand Building)
209 S. Galena
210 S. Galena (Webber Block, Elks)
303 S. Galena (Aspen Block)
312 S. Galena
302 E. Hopkins
309 E. Hopkins/200 S. Monarch
316 E. Hopkins
406 E. Hopkins
530 E. Hopkins
532 E. Hopkins
534 E. Hopkins
405-407 Hunter
300 E. Hyman
314 E. Hyman (Motherlode)
328 E. Hyman (Wheeler Opera House)
413 E. Hyman (Riede's City Bakery)
419 E. Hyman- (Paragon)
432 E. Hyman
428 E. Hyman -
501 E. Hyman (Ute City Building)
304-308 S. Galena (Arcades)
303 E. Main
309 E. Main
310 E. Main
315 E. Main
330 E. Main (Hotel Jerome)
506 E. Main - (Pitkin County Courthouse)
533 E. Main (St. Mary's Church)
100 S. Mill
101 S. Mill
204 S. Mill (Collins Block)
208 S. Mill
CC (OUTSIDE OF HISTORIC DISTRICT)
540 E. Main (Zupancis)
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 7
MU (MAIN STREET HISTORIC DISTRICT)
128 E. Main (Sardy House)
201 E. Main (Main Street Bakery)
202 E. Main (Aspen Home Consignment)
208 E. Main (Salon Tulio)
216 E. Main
221 E. Main (Explore Booksellers)
227 E. Main
125 W. Main
132 W. Main
135 W. Main
205 W. Main
211 W. Main
300 W. Main
320 W. Main (Smith-Elisha House)
328 W. Main (Copper Horse)
332 W. Main
333 W. Main
400 W. Main (Floradora Building)
430 W. Main
500 W. Main (Mesa Store)
501 W. Main (Christiana)
518 W. Main
604 W. Main
611 W. Main
612 W. Main
616 W. Main
627 W. Main
633 W. Main
701 W. Main and new lot created through a Historic Landmark Lot split
706 W. Main
709 W. Main
734 W. Main (Christian Science Church)
101 S. Monarch (Moore Building)
MU (OUTSIDE OF HISTORIC DISTRICT)
201 E. Hyman
C-1
623 E. Hopkins/625 E. Hopkins
635 E. Hopkins
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 8
RMF
720 Bay Street
118 E. Cooper
124 E. Cooper
135 E. Cooper (Dixon-Markle House)
820 E. Cooper
824 E. Cooper
918 E. Cooper
935 E. Cooper
939 E. Cooper
1000 E. Cooper
1006 E. Cooper
1020 E. Cooper
827 Dean
1004 E. Durant # 1
811 E. Hopkins, plus new house on same pazcel
819 E. Hopkins, plus new house on same parcel
1008 E. Hopkins
134 E. Hyman
920 E. Hyman
935 E. Hyman
990 E. Hyman
L
710 S. Aspen
NC
None
CL
None
RMFA
None
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 9
EXHIBIT C
Example
At First Reading, Council asked for a sample scenazio to illustrate how the proposed
amendment increases unit size, but not a property's maximum FAR. Following is an
illustration of how the amendment could be applied to a 9,000 square foot, Commercial Core
lot.
With no TDRs With 1 TDR
Maximum Total Allowable FAR- 2.75:1 9,000 x 2.75 24,750 24,750
Uses that are allowed to add u cumulative) , to 2.75:1
Max. Commercials uare feet- 2:1 max. of 9,000 x 2) 17,550 17,550
Max. Arts, Cultural, Civic, Publics uaze feet: 2.75:1 0 0
Max. free market residential s uare feet-.5:1 max. of 9,000 x .5) 4,500 4,500
Max. individual unit size is 2,000 s uare feet, increasable Two 2,000 s . ft. units One 2,500 s . ft. unit
to 2,500 s . ft. er unit for each TDR landed One 500 s . ft. unit One 2,000 s . ft. unit
Affordable multi-famil housin -no limit 60%x free market size 2,700 2,700
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 10
ORDINANCE #16
(Series of 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 26.535 OF THE ASPEN MUNICIPAL
CODE, TRANSFERABLE DEVELOPMENT RIGHTS
WHEREAS, the amendments requested relate to the following Chapter and
Section of the Land Use Code, Title 26 of the Aspen Municipal Code:
26.535- Transferable Development Rights
WHEREAS, pursuant to Section 26.310, applications to amend the text of
Title 26 of the Municipal Code shall be reviewed and recommended for approval,
approval with conditions, or denial by the Community Development Director and then
by the Planning and Zoning Commission at a public hearing. Final action shall be by
City Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of
the proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission held a public hearing to
consider the proposed amendments to the above noted Chapter and Section on May 20,
2008, took and considered public testimony and the recommendation of the
Community Development Director and recommended, by a x-x vote, City Council
adopt the proposed amendments to the land use code by amending the text of the above
note Chapters and Sections of the Land Use Code, as described herein; and
WHEREAS, the amendments to the Land Use Code are delineated as follows:
•Text being removed is bold red and strikethrough. ''' ' ~°~°° -'°"'°°°'' '°°''°
like-this
•Text being added is bold green and underline. Text being added looks like this.
^ Text which is not highlighted is not affected.
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to Section 26.310 of the Municipal Code, City Council hereby amends
Section 26.535.010 Purpose, to add and delete the following:
26.535.010 Purpose.
The purpose of this Chapter is to encourage the preservation of Historic Landmarks,
those properties listed on the Aspen Inventory of Historic Landmazk Sites and Structures,
within the City of Aspen by permitting those property owners to sever and convey, as a
sepazate development right, undeveloped Floor Area to be developed on a different and
nee-histerie property within the City of Aspen. The program enables standazd market
forces, and the demand for residential Floor Area, to accomplish a community goal of
preserving Aspen's heritage as reflected in its built environment.
Section 2:
Pursuant to Section 26.310 of the Municipal Code, City Council hereby amends
Section 26.535.030 Applicability and Prohibitions, to add and delete the following:
Section 26.535.030 Applicability and Prohibitions.
This chapter shall apply to properties eligible for issuance of a Historic TDR Certificate,
known as Sending Sites, and properties eligible for the extinguishment of a Historic TDR
Certificate, known as Receiving Sites. City of Aspen Historic TDR Certificates may only
be used within the city limits of the City of Aspen, as hereinafter indicated, or in
unincorporated Pitkin County, if and as may be permitted by the Pitkin County land Use
Code. Pitkin County TDRs are not eligible for extinguishment within the City of Aspen.
Sending Sites shall include all properties within the City of Aspen designated as a
Historic Landmazk, those properties listed on the Aspen Inventory of Historic Landmark
Sites and Structures, in which the development of asingle-family or duplex home is a
permitted use, according to Chapter 26.710, Zone Districts. Properties on which such
development is a conditional use shall not be eligible. Sending Sites may also be
established through adoption of a Final PUD Development Plan, pursuant to Chapter
26.445.
Sending sites shall remain eligible for all benefits, bonuses, etc. allowed properties
designate a Historic Landmark after establishment of transferable development rights,
pursuant to Chapter 26.415.
Receiving Sites shall include all properties in the City of Aspen permitted additional
development rights for extinguishment of a Historic TDR is Chapter 26.710, Zone
Districts, A property
may also be designated as a Receiving Site through adoption of a Final PUD
Development Plan, pursuant to Chapter 26.445.
The allowable development extinguishment of a Historic TDR Certificate varies
depending upon the zone district of the Receiving Site and the use of the land. Chapter
26.710, Zone Districts, describes the development allowance for each Historic TDR
Certificate extinguished.
A Historic TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of
Title shall be evidenced by an assignment of ownership on the actual certificate
document. Upon transfer, the new owner may request the City re-issue the certificate
acknowledging the new owner. Re-issuance shall not require re-adoption of an
ordinance.
The market for Historic TDR Certificates is unrestricted and the City shall not prescribe
or guazantee the monetary value of a Historic TDR Certificate.
The Community Development Director shall establish policies and procedures not
inconsistent with this Chapter for the printing of certificates, their safe-keeping,
distribution, recordation, control, and extinguishments.
Section 3:
Pursuant to Section 26.310 of the Municipal Code, City Council hereby amends
Section 26.535.080 Review Criteria for Extinguishment of a Historic Transferable
Development Right, to add and delete the following:
26.535.080 Review Criteria for Extinguishment of a Historic Transferable
Development Right.
Historic TDR Certificates may be extinguished to accommodate additional development
~,.• . ^ a ~ c•... _a c._.....~_„~ if the community Development Director
finds the following standards have been met:
A. The Receiving Site is not restricted by a prescribed Floor Area limitation or the
restricting document permits the extinguishment of Historic TDR Certificates for
additional development rights.
B. The Receiving Site ' "' '' '' " ' `u. ' ' "--='-=°"°=~
is eligible to receive an increase in development rights
as specified in Chapter 26.710, according to the zone district and the land Use, or
as otherwise specified in a Final PUD Plan for the property.
C. All other necessary approvals for the proposed development on the Receiver Site,
as established by this Title, have been obtained.
D. The applicant has submitted the requisite authentic Historic TDR Certificate(s) for
redemption.
E. The applicant has submitted the necessary materials for a building permit on the
Receiver Site, pursuant to Section 26.304.075, Building Permit, and the additional
development can be accommodated on the Receiver Site in conformance with all
the other relevant requirements.
F. Prior to, and a condition of, issuance of a building permit for a development
requiring the extinguishment of a Historic TDR Certicate(s), the applicant shall
assign and deliver the authentic certificate(s) to the City of Aspen whereupon the
certificate(s) shall be marked "extinguished."
G. The Community Development Director shall issue a letter confirming the
extinguishment of the TDR Certificate(s) and increasing the available
development rights of the Receiver Site. The applicant may wish to record this
document with the Pitkin County Clerk and Recorder. The confirmation letter
shall not stipulate an absolute total Floor Area, but shall stipulate a square footage
increase from the allowable Floor Area, according to the zone district and land
use of the Receiver Site at the time of building permit submission. The Receiver
Site shall remain subject to amendments to the allowable Floor Area and eligible
for certain Floor Area Incentives and/or exemptions as may be authorized by the
City of Aspen Land Use Code, as may be amended from time to time. The form
of the confirmation letter shall be acceptable to the City Attorney.
H. The development allowed on the Receiver Site by extinguishment of Historic
TDR Certificate(s) shall be that allowed in Chapter 26.710, according to the zone
district and the land use, or as otherwise specified in a Final PUD Plan for the
receiver Site and shall not permit the creation of anon-conforming use or
structure.
Section 4: Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5: Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 6•
A public hearing on the ordinance was held on the day of , 2008, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 27th day of May, 2008.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this day of ~ 2008.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
lxa..
MEMORANDUM
TO: Mayor Ireland and Aspen City Council n~ .
FROM: Chris Bendon, Community Development Director (' VAA1A
RE:
Lift One Neighborhood Master Plan
Acknowledgment of Master Plan Goals - ~~~:=,~::.eg
Resolution No.~, Series of 2008
DATE: June 9, 2008
SUMMARY:
The Lift One Neighborhood Master Planning effort is
proceeding well. The 28-member task force team has
reviewed the site and its context and has adopted goals to
guide the master plan forward.
The purpose of tonight's Resolution is for City Council to
"acknowledge" the goals of the task force. This ensures
Council's awareness of the progress of the team and allows
the members of the team to provide "back-story" on how
they arrived at the wording for each goal.
The term "acknowledge" has no legal meaning within the land use code and as such
this resolution technically has no actual purpose -there's nothing binding upon the
City in acknowledging goals. However, the opportunity for understanding and
alignment on the direction of the master plan has great purpose given City Council's
oversight and ultimate responsibility for the success of this planning process.
Community Development staff will provide a general update on the activities and
progress of the task force and a general overview of the goals. Staff will also prompt
various members of the task force (who have been encouraged to attend tonight's
meeting) to supplement staff's presentation with back-story, personal observations,
anecdotes, etc. about the planning process to date. Staff has scheduled this item as a
public hearing to allow any interested member of the public to comment, provide
suggestions, or ask questions of staff, Council, or members of the task force.
As the planning process for this site continues to evolve, the task force may decide to
adopt modifications, additions, etc. to these goals. This could happen, for example,
after better understanding certain constraints or realizing that a particular important
issue is not adequately covered. Council's resolution forecasts this potential and does
not limit the flexibility of the task force to make these sorts of changes.
Staff recommends adoption of Resolution No.~ ,Series of 2008.
1
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Resolution No. ~ Series of 2008, acknowledging the Goals of
the Lift One Neighborhood Master Plan."
ATTACHMENTS:
Proposed Resolution No. ~, Series of 2008
&_
ouR vrEVU =-
Future of lift
One at stake
The Lift One neighborhood at the
south end of Aspen Street is the cradle of
Aspen's ski era and a community tress-
ure that includes the remnants of this
town's first chairlifr and some of its most
venerable ski-lodge buildings.
It's also a neighborhood on the verge
of major change, as old, run-down bufld-
ings aze demolished to make way for
new, high-end lodging developments.
And that's why a master-planning
process is underway for the azea, with
dozens of residents, business owners
and neighborhood stakeholders
attempting to chart a redevelopment
course that respects the neighborhood's' -
heritage.
The master-planning task force has.
been meeting, debating and negotiating
for almost two months and recently
agreed on a set of seven overall goals that
will guide the remainder of their work. A.
lot of thought cleazly has been put into
these goals, and this newspaper supports
the general direction they reflect. We also
think it's important that the entire com-
munity see what the task force has
accomplished and think about it. So here
aze the task force's stated goals:
E ~
r~ ~,~
Respect Aspen's history; integrate the
balance of azchitecture and design
through the relationships, mass and
scale of historic and proposed structures;
Showcase and promote Aspen's ski histo-
~. ry and traditions;
Provide easy a~ welcoming access to all
users that integrates the Lift One neigh-
borhood and town while minimizing
traffic and pavement;
Develop improved lift access and irdra-
structure thaCIncludes tfie World Cup
venue and year-found activities;
Create a "lightsron" mix of lodgi~, serv-
ices,amenities and on-site affordable hous-
ing to attract visitors and locals while
respecting the narure of the neighbor-.
hood;
Develop an economically viable and flexi-
ble project without imposing burdens on
-the community;
Creole an environmental showcase that
exploits on-site energy generation and
responsibly uses energy and other
resources
These aze laudable and practical goals
that deserve community support, but the
devil is certainly in the details. Develop-
. ers and community activists aze bound
to disagree, for example, on the exact
meaning of "respecting the nature of the
s; neighborhood."
We urge everyone who Gazes about the
Lifr-One neighborhood, everyone who
enjoys the Lift lA skiing experience or
who loves World Cup racing, everyone
who remembers the Steak dinners at the
Skiers Chalet, and everyone who looks
forward to a new, more vibrant western
:portal to Aspen Mountain to read the
paper in the coming months, talk to their
friends and neighbors, and stay abreast
of the task force's work. To fmd out
more about the task force, log onto
wwiv.aspenpitkin.com/depts/41.
When this master-planning process is
over, the future look of Aspen Mountain's
western base will be thoroughly mapped
out The time fordiscussion isnow -not
after the task force's important work is
done.
RESOLUTION N0.
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL
ACKNOWLEDGING THE GOALS FOR THE LIFT ONE NEIGHBORHOOD
MASTER PLAN AS ADOPTED BY THE LIFT ONE NEIGHBORHOOD
MASTER PLAN TASK FORCE TEAM.
WHEREAS, City Cotmcil Resolution No. 13, Series of 2008, determined the Lift
One Neighborhood Master Plan reasonably necessary for the convenience and welfare of
the public and eligible for the City's "COWOP" land use review process to consider the
redevelopment of certain lands within the City in the vicinity of South Aspen Street south
of Durant Avenue as more accurately identified in said resolution; and,
WHEREAS, the City Council, pursuant to Resolution No. 13, Series of 2008,
appointed a 28-member Task Force Team to guide the direction and progress of the
master plan; and,
WHEREAS, the Task Force Team has met on a weekly basis every Thursday
beginning April 10, 2008, and has reviewed the site, it's characteristics and function;
performed a site tour; discussed their observations, experiences, knowledge, and history
of the site; proposed "candidate" goals for the master planning process in small group
sessions; refined those goals; modified and condensed those goals through larger group
sessions; took and considered comments and suggestions offered by the general public;
and, modified those goals into a unified set of master planning goals; and,
WHEREAS, the Task Force Team adopted, by a unanimous vote, the Lift One
Neighborhood Master Plan Goals as identified in Exhibit A of this Resolution; and,
WHEREAS, The Community Development Director may supply City Council,
as well as other Boards and Commissions of the City, periodic updates of master
planning activities of the City and City Council may acknowledge such progress with or
without requesting modification to the direction of said master planning effort; and,
WHEREAS, the term "acknowledge," as used in the phrase "acknowledging the
Goals of the Lifr One Master Plan," has no official, legal, or otherwise profound meaning
within the context of the City of Aspen Land Use Code and shall not bind the City
Council or the City of Aspen to any particular direction or outcome of the Lift One
Neighborhood Master Plan; and,
WHEREAS, adoption of this resolution shall only be considered advisory in
nature and shall not constitute entitlement of the project, portion or component thereof or
approval of a site specific development plan. Approval of a final development plan shall
require adoption of an Ordinance after a public hearing and upon consideration of a
recommendation from the Community Development Director and a final
Aspen City Council Resolution No. , Series of 2008
Acknowledgement of Lift One Neighborhood Master Plan Goals- Page 1
recommendation from the Lift One Neighborhood Master Plan Task Force Team; and,
WHEREAS, the Aspen City Council has reviewed and considered the Lift One
Neighborhood Master Plan Goals as presented, has taken and considered supporting
commentary concerning the goals from members of the Task Force Team, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the Aspen City Council realizes that as the master planning process
continues to evolve the Task Force Team may adopt modifications to these goals as
determined appropriate by the Task Force Team and such modifications, if substantial,
will be forwarded to City Council for review and comment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO THAT:
The City Council acknowledges the goals of the Lift One Neighborhood Master Plan as
adopted by the Task Force Team and as presented in Exhibit A.
FINALLY, adopted, passed and approved this
day of , 2008.
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Michael C. Ireland, Mayor.
Exhibit A -Lift One Neighborhood Master Plan Goals.
Aspen City Council Resolution No. , Series of 2008
Acknowledgement of Lift One Neighborhood Master Plan Goals- Page 2
~~o ~,~
Litt ne Neighborhood ~~C~b-~
Master Plan
Txr CrzvaAweu MASTER PLAN GOALS
ADOPTED MAY 22, 2008
Master Plan Goals Adopted Unanimously on May 22. 2008
Respect Aspen's history: integrate the balance of architecntre and design through the relationships,
mass and scale of historic and proposed structures.
Showcase and promote Aspen's ski history and traditions.
Provide easy and welcoming access to all users that integrates the Lift One neighborhood and town
while minimizing traffic and pavement.
Develop improved lift access and infrastructure that includes the World Cup venue and year-round
activities.
Create a "lights on" mix of lodging, services, amenities and on-site affordable housing to attract visitors
and locals while respecting the nature of the neighborhood.
Develop an economically viable and flexible project without imposing burdens on the community.
Create an environmental showcase that exploits on5ite energy generation and responsibly uses energy
and other resources.