Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
agenda.council.regular.20080728
CITY COUNCIL AGENDA July 28, 2008 5:00 P.M. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & 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) Mayor and Councilmembers' 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 #66, 2008 - Contract GIS Mapping b) Resolution #67, 2008 -Contract Street Sweeper c) Resolution #68, 2008 -Contract Energy Audits/City Facilities d) Resolution #56, 2008 -Burlingame Single Family Lots e) Resolution #69, 2008 -Accepting Recommendations of Citizen Budget Task Force f) Minutes -July 14, 2008 VII. First Reading of Ordinances a) Ordinance #20, 2008 - 612 W. Francis Historic Designation and Subdivision P.H. 8/11 VIII. Public Hearings a) Resolution #53, 2007 -Smuggler Affordable Housing Conceptual b) Ordinance #17, 2008 -Recycling c) Ordinance #19, 2008 -Code Amendment Parking IX. Action Items a) Resolution #70, 2008 -Contract License Plate Recognition b) Resolution #71, 2008 -Contract Pay and Display Meter X. Adjournment Next Regular Meeting August 11, 2008 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. a MEMORANDUM TO: Mayor and City Council FROM: Mary Lackner, GIS Manager THRU: Jim Considine, IT Director DATE OF MEMO: July 18, 2008 MEETING DATE: July 28, 2008 RE: Contract Approval for Aerial Photography, Contours, and Planimetric features REQUEST OF COUNCIL: Staff recommends the approval for the contract to purchase aerial photography, contours and planimetric features for the approximately 11.9 square mile Aspen Metro Area (see map 1). The total contact cost is $131,333.00. 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. DISCUSSION: The City is committed to updating its Geographic Information System by obtaining new aerial photography every 4 years. The last flyover of the Aspen Metro Area was in 2004. Updated aerial photography is important to integrate changes in built environment into the GIS database. This flyover will acquire one-foot contours in the Aspen City L"imits and two-foot contours for the remaining Aspen Metro Area (Map 2). This is the City's first acquisition of one-foot contours which will greatly benefit several City programs including storm water management activities. This project will also obtain planimetric features including edge of pavement for roads, driveways, sidewalks, trails, parking lots, on-grade patios, fences, edges of water features, etc. The features can be identified from the imagery, but have not been comprehensively collected since the initial flyover in 1991. A multi-deparhnent team met to determine the data needs of the flyover project. This team included the following deparhnents: Streets, Engineering, Community Development, Utilities and GIS. This same group reviewed the 12FPs and scored MapCon the highest score to win the contract. Page 1 of 3 New data acquired from the flyover will be available for public viewing on the Internet at www.aspenpitkin.com/ ig smo, approximately six months after the acquisition. The same data will be available for purchase from the GIS department. FINANCIALBUDGET IMPACTS: The acquisition of new aerial photography, and related data layers, is in the 2008 budget. The City has been collecting a digital submission fee with all building permits that add square footage, which helps offset the cost of the flyover. In 2008 the fee increased from $50 to $200 for new construction permits. Though this revenue source the City has collected: 2008 $ 6,075 (year to date) 2007 $ 5,307 2006 $ 5,426 2005 $ 7,730 The GIS department uses imagery on many of the products we sell including data exports and custom maps. Data exports include ortho images, contour data, planimetric features, and other thematic data. When new data is acquired, sales for these products increase as customers desire the most current information. Revenues collected by GIS are distributed between the City and County. Although GIS does not break down the actual data type to just orthophotography and contours, here is a summary of all data export revenues for the past three years. Also included is the total GIS department revenue. Data Export Sales Total GIS revenue % of Total 2008 $ 12,916 $ 49,030 26 2007 $ 16,955 $ 69,284 24 2006 $ 19,490 $ 69,923 28 2005 $ 13,615 $ 48,815 28 ENVIRONMENTAL IMPACTS: Having current data available to City staff may decrease the number of site visits to confirm what current site conditions are. This may save some driving by City staff. RECOMMENDED ACTION: Staff recommends the approval of this contract for new aerial photography and related data layers. ALTERNATIVES: If Council does not want to approve the staff recommendation, the flyover will not take place. At this time there are not adequate alternatives for acquiring this detailed data. PROPOSED MOTION: "I move to approve Resolution # ~ of 2008" on the consent calendar of Monday, June 9, 2008. CITY MANAGER COMMENTS: Page 2 of 3 ATTACHMENTS: Map 1 -Extent of Flyover Map 2 -Contour Mapping Extent Page 3 of 3 RESOLUTION # ~P (Series of 2008) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND MAPCON MAPPING INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING AERIAL PHOTOGRAPHY, CONTOURS, AND PLANIMETRIC FEATURES 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 Mapcon Mapping 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 Mapcon Mapping Inc. regarding Aerial Photography, Contours, and Planimetric Features 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 b the City Council of the City of Aspen, Colorado, at a meeting held u~ '~08. 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 MAPCON MAPPING INC., ("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 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 as outlined in Exhibit A. 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. The period for review and approval by the City of submissions shall not exceed ten (10) working days. If the City has not advised Professional that a submission is rejected within this period then that submission shall be deemed accepted by the City, and Professional may proceed accordingly. 3 Payment. In consideration of the work performed, City shall pay Professional on the basis 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 $131,333.00. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they aze considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. The City shall pay each invoice within thirty (30) calendar days of receipt provided that the work covered by that invoice has been accepted by the Ciry. The City will issue a standazd check to pay each invoice. 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 maybe due to any sub-contractor. PS]-971.doc Page 1 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 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 became 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 Contingent Fees. The Professional wazrants 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 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, 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 wnnected 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 PS 1-971.doc Page 2 'F °er' the Professional. 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 Ciry. 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 severabiliry 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 ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severabiliry 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 insurance, and any insurance carried 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. (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 aze in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, ternvnated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or 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 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. PS1-971.doc Page 4 ,, ~~J 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: Contracts Manager Mapcon Mapping Inc. 4585 Canada Way Burnaby, BC VSG 4L6 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 regazd 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. (a) ose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. PS1-971.doc Page 5 ~. (b) Definitions. The following terms aze 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 aze 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 aze 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 aze 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 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. PS1-971.doc Page 6 (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. (viii) 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 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. PSI-971.doc Page 7 ~.~. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. (e) A party shall not be in default under this Agreement from any failure to perform any of its obligations under this Agreement if such failure arises from any cause that could not have been prevented by means reasonably available to the party and that was beyond the control of and without the fault or negligence of the party. Such causes include but are not limited to: acts of God or of the public enemy; acts of Government in either its sovereign, legislative or contractual capacity; fire; flood; landslide; earthquake; epidemic; quarantine restrictions; freight embazgo; strike; lockout; sabotage; labour dispute; or unusually severe weather. The affected party shall as soon as reasonably possible give Notice to the other, including all relevant information that it has available, regarding any such actual event that is impacting or any potential event that threatens to impact the affected party's performance of its obligations under this Agreement. (f) NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES 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. ATTESTED BY: CITY OF ASPEN, COLORADO: By: Title: Date: MAPCON MAPPING INC.: Title: Cp~iQA-Gi~i'r-LRa/AQ~2 Date: ,2.~jR' /"t fly PS1-971.doc Page 8 ~. EXHIBIT "A" to Professional Services Agreement Scope of Work The primary objective of the City is to obtain color digital orthophotographytor the greater Aspen area generated for approximately 11.9 square miles, flown at a digital photo scale equivalent to 1" = 250', three inch pixel resolution. Delivery of the digital orthophotogrephs must be in TIFF 8 Mr. Sid file format. All data must be delivered in State Plane, Colorado Central Zone, NAD 83. All products must meet ASPRS Class 1 accuracy standard. Greater Aspen Area, distital orthoahotos~raohs Idiaital camera acauisitionl Extent shown in Map 1 Color images orthorectified 1" = 381' photo scale (One-foot contour generation area within the COA Extent; Map 2) 1" =445' photo scale (remainder of the project extent) Three-inch pixel resolution Imagery shall be delivered in TIFF file format as individual tiles and several mosaic layers by geographic areas. Mr. Sid images of these files are also required, however the specific compression rates will be determined prior to delivery. Air photos should be flown to produce a cloud free view of the ground surface and should be flown within a time frame to produce a view with no seasonal vegetation obstruction, snow cover, or extensive shadows on the ground surface. Photography should take place as close to noon as possible and should be avoided in the early morning (before 10:30 am) and late afternoon (after 2:00). Several flight missions may be required to obtain snow-free and leaf-free imagery Greater Aspen Area, contours Extent shown in Map 2 One-foot contour generation within the COA Extent Two-foot contour generation for the remainder of the project extent Annotation Matched to existing 2004 contours Contours shall be delivered in ESRI file geodatabase format by specified tiling schema for ease of use. Contour lines should be annotated on every contour for a plot scale of 1:1200, additionally the file should have elevation, index, create_date, and dxf-elevation attribute data. Greater Aspen Area. olanimetric features Extent shown in Map 1 • Pavement edge layer for roads, driveways, sidewalks, trails, parking lots, on-grade patios & decks,. • Water feature edges for rivers, ponds, lakes, ditches and wetlands. • Fences PS1-971.doc Page 9 L ~~1 Planimetric features shall be delivered in ESRI file geodatabase format. Each feature will be delivered as its own layer. Attribute information should include the date of the imagery used to capture the feature (i.e. capture date). COA Boundary. 3D wireframes for structures Approximately 150 buildings will have complex 3D wireframes created. 3D wireframes of all structure including roof elements, structure sides and base. This shapefile needs to be sufficient for City staff to create SketchUp models of all the buildings. Ground Control The City is open to the use of Airborne GPS to control the photography. Ground control will be done in a manner to develop DEM grid data to rectify imagery to ASPRS Class 1 standard and sufficient to develop 1 foot and 2 foot contours over the areas specified in Map 2. Other Specifications Review Files (imagery and contours): Review files will be submitted to the City of Aspen in TIFF file format (images) and file geodatabase (contours and Planimetric features). X,Y,Z Coordinate System: Horizontal: State Plane, Colorado Central Zone, NAD 83 Vertical: NGVD 1929 Image File Format: TIFF format with world file Compressed Mr. Sid files (compression rate to be determined prior to delivery) Tile Scheme for Imagery and Contours: PLSS sections and quarter sections, partial sections may be combined with the larger adjacent section. The City of Aspen will provide the section coverage. File Name: Imagery and Contour naming: Assessor Township Number, section number, quarter section. (example: 2643_34_SE.tiff) Planimetric features are to be delivered as a continuous layer of the entire project extent, and not individual tiles. Planimetric features naming: Name of the feature Deliverable Media: DVD The City of Aspen will be the sole owners of any and all data and materials dedved from this project. The City will have full control of the distribution, use and sale of the data and material. Contractor can only distribute said data with the written permission from the City of Aspen. Time Frame PSI-991.doc Page ]0 ~` [~ i ~o 0 ~y~REEK RD TR2(43 TH. 2643 7R~?bQ 3 ,, ,.a.• Section-28 Secbun: [7 p Sec6nn: l6 ~ 76 ~ ~~ ~ ;F . ~~, ~~ i I ___ ~ ~~ . a~, \ ~~ ~, ~ ~y ~ TR 7i~~il ~~~ ( TR2643 4 R Section i:' TS ~,r,. ~ 96 p ry( nP ~~ o - __ - TR 273! i _ _ _ __ Section rR :736 .. • ~ '. F~..Lnr-, OE ivcf~or i RED MTN Rp tiT~ ~ ~~ r __ ,__ __ _ Z TR~ _{~' ~f ~. TR 27? • -- wMAIJy f , gT EM ~ _`N 8r FRq ~F tt 7; ~~ ~ G~ ~O ~0 .r.r ~ ~ , '~ n _ fiDp~ - P - ~ Svc ~ ' GPs y~ . ~. . ~' __ 7 j - ---- ~ ~ ~ _,, ~---~ ~ . _. --_. ~. _ -- ,\. ~ , ) ( i.. Tftr ~~7 :f: 1 nn :' r TR 2735 ~ ~ ; ! t r; ^•~~ ~ ~ ~-:~ R :. 7R2737 c . ;Section. 23 ;eM. ~r~ i Q ~~ S C» _ Section: 20 r 1 ~ !~ ~0 ~ TR- 273 i, ~ .. Flyover extent approximatel y 11.9 sq. miles __ , N January 17, 2008 *' • ©2008 City of Aspe n uheras~ce~ Greater Aspen Pro osed FI ov a v Area er Extent o 0.5 ~'s 1 Miles Map 1 _ ~°o p ~ ypREEK RD TR.-2643 TR.: [643 TR` 4 on 'I _. secunn 2a sacrion- 27 ecn ~s ` ~ - ( ` ~a ,' \ ~~ n, ` f ~ i ~ TR: 254 TR: 76~ Z ~ ~'qT TR 2643 TR :'C'-1? Section' 3 Scc(icn: Section 35 ~~ ~ .. r, ., ~` 1 ~~ ~ \ ~~, ~ ~ \ ~~ ~ \ ~ R: 273 Q R. _.. _.- __. - \ ~'~ _ .: ~~ __ ' _ ~_ Section. Seclror ~~ TR. 2735 - Section: 07 Ih 177T Secfrnn 06 .l~, o,n. ~~ ~.~ ~ i ~~ ,~ _ ~` ~ ~~, RED MTN RQ ~.__ . ~ \ ^~ ~R - - -- O .~ jjjj _~ TR~735 ec on~0 TR: 2735 Secbanl0 r _ - j \ TR: 2731 ' ictrnn 9f ~ ` ~ - ;~~~ f WMq/HST j ~~ i' - ,, - ___ E,y NST - - _ ~, - i f ._ _ ,- _.__._ I ~c -.__. _ __ o ~ " `' ,.u ~~ ~ ~~ F s ~ ~Q:~ r_ ~ s., nj" ~ . ~ - G ~` ~ .~ L~ ~~ ~\ ~ g ~ ~ 11 t _ ~ rR:,1;~7 ~~ .ao ~~ G ~~' Section: l3 ~ ' , .~ ~ .~4- .. -. .,~ ~c6o,~ t7 ~ ~ ® , > ~P c,P~~ , ~ '~ 2y ~ ~--~ ~ ~ ~ ~ ti ~I ~ ~ ~~ < ~~ l ` \ - - i i ~ _ -~ _.. ~ ~~ _ i ~ 1 :773.5 !K' :3p icn :? ~ + ~ Tk: 2735 - II l_~. ~T ~. ~ \ ~ n ' "_. TR ;'"~, I "/ TR: 2737 ec . .. Ss~con. 23 Seneca` . I r,r~,, ~. Q ' Section: 20 . r V f ~ l ~ Brown = COA one-foot contours (approx 4.86 sq. miles) Yellow =Remaining area two-foot contours (approx 5"64 sq. miles) January 17, zoos © 2008 City of Asp en GI5 Greater Aspen Area 2 M Contours, Option 2 0 0.5 1 Miles a p EXHIBIT "B" to Professional Services Agreement Rate Schedule The City of Aspen will pay Mapcon Mapping Inc. a total not to exceed $131,333 for a completed Scope of Work as set out in the table below. Mapcon should invoice the City after each deliverable is completed. See attached "Map of Priority Areas" for areas to be delivered. Notification of Pro~ect Initiation/De osit $13,133.30 Com letion of air hoto ac $26,266.60 Priorit Area 1 delive $19,699.95 Priorit Area 2 delive $19,699.95 Priori Area 3 delive $1,9699.95 Priorit Area 4 delive $19,699.95 Pro'ect Com letion $13,133.30 Total $131, 333.00 PS1-971.doc Page 1 ~~.~ 1 EXHIBIT "B" TO Professional Services Agreement Rate Schedule Map of Priority Areas ~.. 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: July 9, 2008, RE: Contract Approval 2008-8 FM for the purchase of One (1) Tymco DST 600 dustless Street sweeper for the Streets Department REQUEST OF COUNCIL: Staff recommends the approval for the contract 2008-8FM for the fleet purchase of One (1) Tymco DST 600 dustless Street sweeper for the Streets 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 Intermountain Sweeper. Streets department Started using the Tymco DST 600 sweeper in 2001 and Intermountain Sweeper has supplied all of our sweepers since that time. Intermountain Sweeper is the Tymco dealer for the rocky Mountain region. DISCUSSION: The City of Aspen Streets Department is currently operating 3 Tymco 600 dustless Regenerative air street sweepers. These all have been purchased from Intermountain Sweeper Company. The first Tymco sweeper was purchased in 2001 and staff has remained with the same machine since then. We currently have a 2003 model that is due to trade in for replacement on the same model machine. The Tymco 600 dustless Regenerative air street sweepers can operate in below freezing conditions; there fore it is the only machine that can go out and sweep during the winter months that's available to us at this time. The Tymco 600 dustless Regenerative air sweeper is the only regenerative air sweeper that has the Dustless mode that requires no use of water or de icier chemicals' too control the dust that has worked successfully for us. The dustless mode consists of a series of filters that filter the air from the inside of the sweeper before it is reintroduced back into the atmosphere. This machine can sweep in both dry and wet conditions. The Street department has had good results with this type of sweeper in all types of weather conditions along with the great customer support that we have Page 1 of 2 received from Intermountain Sweeper Company. Staffs has been thoroughly trained in the operation and maintaience on this machine and have doing so for the past 7 yeazs. the replacement parts that we currently have in stock will still remain interchangeable to the new machine. FINANCIALBUDGET IMPACTS: Staff had in the 2008 Asset Management plan $210,000.00 for the replacement of the 2003 Tymco Sweeper. The price for the new one is $225,325.00 and Intermountain is giving the City $50,000.00 trade in value on the old one bringing the total purchase price to $175,325.00. ENVIRONMENTAL IMPACTS: The new machine will meet the 2008 diesel emission regulations and will have the Diesel Particulate filter, Crank case ventilation filter, and Exhaust Gas Recirculation valve. This will help in lowering the Green House Gas emissions. RECOMMENDED ACTION: Staff recommends the contract approval for 2008-8FM for the purchase of the Tymco DST 600 street sweeper for the streets department. ALTERNATIVES: PROPOSED MOTION: "I move to approve Resolution # ~ ~ of 2008 On the consent calendar of Monday .1 U ~-Y Z8 2008 CITY MANAGER COMMENTS: 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 Intermountain Sweeper Inc. ,AND AUTHORISING 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 Intermountain Sweeper Inc. 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 Intermountain Sweeper Inc. 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 TO ~ Jeny Nye Willy McFarlin City of Aspen TERMS SHIPPED VIA QUOTATION CO 4300 Farm Roed DENVER OFFICE Q PO Box 187 3881 Paris Street 1fA ~~ ~ West Jordan, Utah 84054 Denver, Colorado 80239 Nq~eB (801) 280-7010 (303j 574-0340 tlbtfera FAX (801) 280-7050 FAX (303) 574-9488 Toll Free Outside S.L. 1-800-748-5456 (888) 793-3728 (outside Denver) QUOTATION DATE SALESPERSON ~„Q~R i1cM ~/7~~ F O.B. Net lO I BCSt DESCRIPTION I ~ Tymco 660 D~stlas Re6eeentive Air Sweeper Mowed on GMC T-Series Cab over Chassis BUII.T IN VALUE INCLUDES John Daze turbo diesel nix. engine-99 HP Auto shutdown for to oil and high temperaUne HD air cleaner with turbo pre cleantr/filtu minder Dustless dry sweep system- Series II High efficiency dry flher ays<em with wet sweep c•,apability Automatic self cleaning Sher system purges Sheri Separate secondary ~inment area fa ultra Saes 220 l gallon weber system with air purge clean out and drain system Cat 290 waterpump widr hi/low wash down system BAH Broom Assisted Head Dual gutter brooms with dual in cab gutter broom tilts, mirrors, lights Hopper deluge clean out Rubber lined bower with Lo Noise ratio Abrasion protection package and severe westher wiring package Auxiliary 8" suction hose with hydraulic assist boom Duo alrids with 2 Yar wamnty Dual steering with air suspemion seats Deluxe back lit oDn4nl console Amber strobe wtimb guard noel 8sshers on rear Back up aWm and rear floodlights 215 HP Turbocharged Engine with Allison 2500RDS ilaosmisaioa 33,000 GV W t~nsis with Air suspemion and Bendix Air Dryer AM/FM/CD stereo and air oonditionod cab t~paator/fraining video ESTIMATED SHIPPING DATE Trade In 2003 DST6 AMOUNT 5225,325.00 - 550,000.00 5175,325.00 WEARE PLEASED TO SUBMIT THE ABOVEQUQTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL RECEIVE OUR PROMPTATTENTION. THIS QUOTATION IS VALID FOR DAVS.THE//REAFTER IT/IS SU(B~J~~E_C/T T/~O CHA~NCGE/WITHOUT NOTICE. ~J~>~j?/~~ BY ACCEPTED BV / i~ Ca ~G G DATE QUOTED ~ L~-/~J~^ _____ ~~~'-~~"~` Intennounlein Sweeper Co. PURCHASER ORDER # __ THANK YOU! WE APPRECIATE YOUR BUSINESS. 6ZUOTATION __. a. s'" ~-''.. TO Jerry Nye Willy McFarlain City of Aspen TERMS SHIPPED VIA Net 10 Best VYfly t)ESCRIPTION ~e0 660 Options BAH Broom Assist Head CQ 4300 Farm Road ~ PO Box 187 ~ ~ West Jordan, Utah 84084 aY~ers (801) 280-7010 ,UMyrs FAX (801) 280-7050 Toll Free Outside S.L. 1-800-748-5458 DENVER OFFICE 3881 Paris Street #A Denier, Coloredo 80239 (303) 574-0340 FAX (303) 574-9468 (888) 793-3728 (outside Denver) QUOTATION DATE SALESPERSON 6/26/08 MiledJ ob/.n F.O.B. Destination Lo noise Turbo chargod engine 99 HP In cab hydraulic gutter broom tilt -each Auto Swap hitenupt System Auxiliary Suction hose with hydraulic assist and auxiliary hydraulics Aux hood hose extension no2~1e Hi/I.ow pressure wash down system with Cst pump and wand High output water system for extreme dust control Reverse Pickup Head Chains In cab dump switch Engine Mode heater Aux engine Hopper ked for Stainless steel hopper, scrcen and blower housing Full length cab light ter- LED type with 12 modules Arrow stick with in cab controller Electric Remote and heated mirrors Leaf Curtain Lifts Hydraulic with in cab actuator Wire woven Chip Scrota Variable Speed (Salter Brooms Aux Fuse panel for lights and radios Some options may affect ataadazd equipmem by change or upgrade PRICES Included Included Lrcluded Included Included Included 5425.00 Included hicluded hrcluded Inchrded Included Included 519,250.00 52,200.00 51,295.00 L><ctrtded hrchded hrchded Included AMOUM WEARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER. BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION IS VALID FOR GAYS. THEREAFTER L? IS SUBJECT TO CHANGE WITHOUT NOTICE. QUOTED BY ACCEPTED BY _ Intermountain Sweeper Co. PURCHASER ORDER # ESTIMATED SHIPPING DATE DATE THANK YOU! WE APPRECIATE YOUR BUSINESS. SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2008 - 8FM THIS AGREEMENT made and entered into, this 9th Dav in Julv of 2008, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and Intermountain Sweeper Co. ,hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase, One (1) Tvmco 600 Dustless Regenerative Air Street Sweeper 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 _ One Hundred Seventy Five Thousand -Three Hundred Twenty Five and no cents dollars ($ 175.325.00 ). 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. 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 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. City Council Approval. 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 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. 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 ATTEST: City Clerk VENDOR: t~.u~-F~,~ ~weelzrlL sy: Title. ;Y~~ts-~v~ 7-PURCH.DOC VIG MEMORANDUM TO: Mayor and City Council FROM: Jeff Rice, Utilities Efficiency Manager THRU: Lee Ledesma, Utilities Operations Manager THRU: Phil Overeynder, Public Works Director CC: Steve Barwick, City Manager CC: John Worcester, City Attorney DATE OF MEMO: July 21, 2008 MEETING DATE: July 28, 2008 RE: Contract Award for City Facilities Technical Energy Audit REQUEST OF COUNCIL: Staff requests award of contract to provide for technical energy auditing of ten (10) City of Aspen facilities and buildings. The contract award is to McI{instry Company. The contract is $25,000 ($38,000 with a $13,500 credit toward implementation). The proposal from McKinstry Company for technical energy audit often (10) City of Aspen facilities allows for the addition of facilities and buildings at a maximum rate of $0.15 per square foot. PREVIOUS COUNCIL ACTION: City Council approved annual funding for efficiency / conservation projects and programs as part of the 2006 utility rate increases. BACKGROUND: The City of Aspen owns and operates a number of buildings and facilities vazying in age and condition. With the exception of the Aspen Recreational Center (ARC) and Red Brick Building none has undergone a technical energy audit to improve performance, reduce energy use, reduce operating costs, and reduce carbon emissions. DISCUSSION: The Public Works Department (Energy Efficiency) in cooperation with Asset Management desires to have ten (10) City of Aspen buildings and facilities undergo a technical energy audit. A technical energy audit is a formal process involving observation, data collection, energy modeling, and summary of potential improvements with a return on investment (ROI) summary. The Goal of this process will be to upgrade city facilities and buildings to reflect the City of Aspen's 2005 adoption of the Canary Initiative and its commitment to reduce carbon emissions and global warming. This will be achieved by implementation of energy efficient technologies, improved site management and controls, increased environmental stewardship, and Page 1 of 3 recommendations for additional energy efficiency and carbon reduction. The benefit of this process will be to discover improvements leading to lower cost of operation and maintenance, improved use and comfort of occupants, and a reduced carbon emission load. The initial cost for the audit of $38,500 will be reduced to $25,000 with a credit of $13,500 toward implementing improvements. We have selected an energy services company (ESCO) in part because they provide performance contracting. Performance contracting is using the savings in operating and maintenance costs generated from improvements to offset the cost of implementing the improvements. The ten buildings and facilities currently listed to undergo the technical energy audits are; Aspen City Hall, Electric Switch Station, Golf Facilities, Ice Garden, Parking Department, Parks Facilities, Rio Grande Pazking Garage, Building and Plaza, Street Facilities, Water Department Facilities, and The Wheeler. Additional buildings can be added for a maximum cost of $0.15 per square foot. If this contract is approved by Council, the technical energy audit process will begin within two (2) weeks. The auditing will take approximately 120 to 180 days to complete. The next step will be to contract with same company to begin implementation of discovered improvements which include but aze not limited to building shell and infrastructure, HVAC and mechanical equipment, lighting, equipment other than HVAC and mechanical, operations and controls, and renewable energy technologies. FINANCIALBUDGET IMPACTS: Existing 2008 appropriations for this project aze part of the $150,000 annual Efficiency/Conservation capital budget authority that exists within the Electric Fund. The proposed contract award is within the amount set out in the city's Request for Proposal (RFP). ENVIRONMENTAL IMPACTS: The technical energy audit will provide discovery into a wealth of energy efficiency and operations improvements directly in correlation with the City of Aspen 2005 adoption of the Canary Initiative and our commitment to reduce cazbon emissions and green house gases (GHG) believed to attribute to global warming. In addition, city departments will have a clear road map to improving GHG budgets, as well as meeting goals and outcome expectations. A large benefit to undergoing technical energy audits and the subsequent implementation of improvements will be having "walked our talk" and continuing to establish the City of Aspen as a leader and leading example in energy efficiency, cazbon reduction, and renewable technologies. RECOMMENDED ACTION: Staff recommends awazd of contract to McKinstry Company in the amount of $38,500 with a credit of $13,500 toward implementation of improvements for professional services of technical energy audit of recommended City of Aspen facilities and buildings. ALTERNATIVES: Other energy auditing approaches were reseazched and considered that were not as comprehensive and more expensive. The city could pursue other efficiency program alternatives instead of the Technical Energy Audits proposed in this memorandum. Page 2 of 3 PROPOSED MOTION: I move to approve Resolution # ~~ CITY MANAGER Page 3 of 3 RESOLUTION # Ip~ (Series of 2008) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND MCKINSTRY COMPANY SETTING FORTH THE TERMS AND CONDITIONS REGARDING TECHNICAL ENERGY AUDITS ON TEN (10) CITY BUILDINGS AND FACILITIES 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 McKinstry Company, 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 McKinstry Company regarding technical energy audits often city of Aspen facilities to improve performance, reduce energy use, reduce operating costs, and reduce carbon emissions, 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 July 28,2008. Kathryn S. Koch, City Clerk Routing # STATE OF COLORADO Insert ~7ame ~ti~~State Ror institution xdf wig'her F.d~tcaiion Contract for Technical Energy Audit and Project Proposal with Insert Name of Contractor I. PART>Es THIS Contract is entered into by and between Insert Name of Contractor (hereinafter called "Contractor"), and the STATE OF COLORADO acting by and through the Insert name of State or Institution of Higher Education (hereinafter called the "State"). 2. EFFECTIVE DATE AND NOTICE OF NONLIABII,TI'Y. This Contract shall not be effective or enforoeable until it is approved and signed by the Colorado State Controller or its designee (hereinafter called the "Effective Date"), but shall be effective and enforceable thereafter in accordance with its provisions. The State shall not be liable to pay or reimburse Contractor for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. RECTTALS A. Authority, Appropriation, And Approval Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment and the required approval, clearance and coordination have been accomplished from and with appropriate agencies. B. Purpose and State's Role The Governor's Energy Office (GEO) created this Contract for State agencies and institutions of higher education to use to obtain a technical energy audit of a State facility from a GEO pre-approved private energy service company (ESCO). The purpose of the audit is to perform the Work set forth in §6, below. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Contract "Contract" means this Contract its provisions, attached exhibits, documents incorporated by reference under the terms of this Contract, and any future modifying agreements, exhibits, attachments or references incorporated pursuant to State Fiscal Rules and Policies. B. Work Work consists of the tasks Contractor is to perform in order to fulfill its obligations under this Contract. C. Goods "Goods" means any physical item used, produced, or manufactured either separately or in conjunction with the Work performed and Services rendered hereunder. D. Services "Services" means services performed or tangible material produced either separately or in conjunction with the Work performed and Goods provided hereunder. E. Subcontractor Third-party vendors of goods and/or services, if any, aze hereinafter referred to as "subcontractors." F. Parties "Party" or "Parties" means one or both of the State and Contractor. 5. TERM and EARLY TERMINATION A. Intial Term -Work Commencement Page I of 14 The initial term of this Contract shall commence on the later of either the Effective Date or November O1, 2008, and terminate on May Ol, 2008 or upon completion of Work, unless sooner terminated as provided for below, herein. Performance of the Parties' respective obligations under this Contract shall begin as soon as practicable following commencement of the initial term. B. Temporary Extension At its sole discretion, the State, upon written notice to Contractor, may unilaterally extend the term of this Contract for a period not to exceed two months if the Parties are negotiating a replacement contract (and not merely seeking a term extension) at or near the end of any initial term or an extension thereof. The provisions of the Contract in effect when said notice is given, including, but not limited to prices, rates, and delivery requirements, shall remain in effect during said two month extension. However, the two- month extension shall immediately terminate when and if a replacement contract becomes effective following the Colorado State Controller's approval and signature. C. Early Termination This Contract is subject to eazly termination in accordance with the provisions of the Remedies section below herein. 6. STATEMENT OF WORK A. Work Contractor shall perform a technical energy audit and provide a proposal to the State in accordance with Exhibit A, attached hereto and incorporated by reference herein. The audit shall determine the feasibility and cost of implementing energy and water saving measures for the State, and based on such determination, for Contractor to propose a plan for implementing such measures through an Energy Performance Contract. Thereafter, if the State, in its sole discretion, desires to accept Contractor's Technical Energy Audit and Project Proposal, which acceptance shall be made within 120 days of the State's receipt of such proposal in a form substantially similaz to Exhibit B, attached hereto. The Parties may enter into a new contract, entitled "Energy Performance Contract," based on such proposal, the form of which shall be supplied by the State and shall comply with CRS §24-30-2001. The audit shall be performed at the location(s) listed in Exhibit C, attached hereto and incorporated by reference herein. B. Time of Performance The Work shall be completed during the initial term or any extension thereof. C. Goods and Services Contractor shall procure goods and services necessary to complete the Work provided for herein. D. Employees All persons employed hereunder shall be considered Contractor's or subcontractors' employee(s) for all purposes and shall not be employees of the State for any purpose. 7. PAYMENTS TO CONTRACTOR Contractor shall be compensated as follows: A. Basis and Maximum Amount Except as provided for below in subsections i. and ii., within 120 days after State's formal acceptance of the fmal Technical Energy Audit and Project Proposal Contract, State shall pay to Contractor a sum not to exceed $ ~ tna~ in accordance with the Cost and Pricing Elements presented in Exhibit D, attached hereto and incorporated for reference herein. The State shall not be liable to pay or reimburse Contractor for any performance hereunder prior to the Effective Date. i. Payment Through Performance Contract State shall have no direct payment obligations to the Contractor under this contract provided that Contractor and State execute an Energy Performance Contract wrthm ~~,tl"- ,after execution and issuance of the Notice of Acceptance (Exhibit B) of the fmal Technical Energy Audit and Project Proposal. However, the above stated cost of the completed audit shall be incorporated into Contractor's total project costs and paid through the Energy Perfomrance Contract funding mechanisms. ii. Project With Insufficient Savings Should the Contractor determine at any time during the Technical Energy Audit that savings cannot be attained to meet State's terms as required by CRS §24-30-2001, the Technical Energy Audit shall be Page 2 of 14 terminated by written notice by the Contractor to State. In this event this Contract shall be terminated and the State shall not be liable to pay Contractor, in whole or part ,the amount specified in Section 7A. B. Payment i. Method and Time The Contractor shall submit an invoice to the State in the form and manner approved by the State. Contractor shall submit invoices within 60 days after the end of the period for which payment is requested. The State shall make payment in full with respect to each invoice acceptable to it within 45 days of receipt thereof, after which uncontested unpaid amounts shall beaz interest at a rate of one percent per month. Interest shall not arise if a good faith dispute exists as to the State's obligation to pay all or a portion of an invoice. ii. Available Funds-Contingency-Remedies The State is prohibited by law from making fiscal commitments beyond the term of its current fiscal period. Therefore, Contractor's compensation is contingent upon the continuing availability of state appropriations as provided in §2 of the Colorado Special Provisions, set forth below herein. If federal appropriations or Contracts fund this Contract in whole or in part, the State's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this contract shall only be made from available funds encumbered for this Contract, and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds. If state or federal funds aze not appropriated, or otherwise become unavailable to fund this Contract, the State may immediately terminate the Contract in whole or in part without further liability in accordance with the Termination for Cause subsection of the Remedies section of this Contract. All payments are subject to the general Remedies section of this Contract. iii. Return of Funds Any funds paid to Contractor hereunder which aze not expended in connection herewith shall be refunded by Contractor within 15 days of temrination hereof Any funds not required to complete Contractor's obligations hereunder shall be de-obligated by the State. If Contractor receives overpayments, Contractor shall refund all excess funds to the State within 15 days of the later of a) the receipt of such funds, or b) the determination of such overpayment. Under no circumstances shall unexpended or excess funds received by Contractor under this Contract be refunded or paid to any party other than the State. iv. Erroneous Payments-Remedies Payments made to Contractor in error for any reason, including, but not limited to overpayments or improper payments may, at the State's sole discretion, be recovered from Contractor by deduction from subsequent payment under this Contract or other contracts between the State and Contractor, or by other appropriate methods. 8. REPORTINGNOTIFICATION Reports and analysis required under this section shall be in accordance with procedures and in such form as prescribed by the State. A. Litigation Within 10 days after being served with any pleading in a legal action at a court or administrative agency related to this Contract, Contractor shall notify the State of such action and deliver copies of such pleadings to the State's principal representative in accordance with the Notice section of this Contract. B. Remedies Contractor's failure to provide reports and notify the State in a timely manner in accordance with this section may result in the delay of payment of funds and/or termination under the Remedies section of this Contract. 9. CONTRACTOR RECORDS Contractor shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenace Page 3 of 14 Contractor shall maintain a complete file of all records, documents, communications, notes and other written materials, electronic media files or communications, pertaining in any manner to the Work. Contractor shall maintain such records for (i) a period of three years afrer the date this Contract is completed or terminated or final payment hereunder, whichever is later, or (ii) for such further period as maybe necessary to resolve any pending matters, or (iii) until an audit has been completed and its findings have been resolved. B. Inspection Contractor shall pemrit the State, the federal government or any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Contractor's records related to this Contract and for a period of three years following termination hereof or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Contractor's perfomrance hereunder. C. Monitoring Contractor also shall permit the State, the federal government or any other duly authorized agent bf a governmental agency, in their sole discretion, to monitor all activities conducted by Contractor pursuant to this Contract using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, and formal audit examinations. 10. CONFIDENTIAL INFORMATION-STATE RECORDS Contractor acknowledges that it may become privy to confidential information in connection with its performance hereunder, including, but not limited to state records, personnel records, and information conceming individuals. A. Confidentiality It shall be Contractor's responsibility to keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information to the same extent applicable to the State. Any request or demand for infonnafion in the possession of Contractor made by any third party shall be immediately forwarded to the State's principal representative for resolution. B. Notification Contractor shall notify its agent, employees, sub-contractors and assigns who may come into contact with confidential information that they are subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access information. C. Use, Security, and Retention No confidential information of any kind shall be distributed or sold to any third party or used by Contractor or its agents in any way, except as authorized by the Contract and as approved by the State. Contractor shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Contractor or its agents, except as set forth in this Contract and approved by the State. D. Disclosure-Liability Disclosure of State records or other confidential information for any reason may be cause for legal action against Contractor or its agents by third parties, and defense of any such action shall be Contractor's sole responsibility. 11. CONFLICT OF INTEREST A. Definition and Appearance Contractor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Contractor's obligations hereunder. Contractor acknowledges that with respect to this Contract, even the appearance of a conflict of interest is harmful to .the State's interests. Absent the State's prior written approval, Contractor shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Contractor's obligations to the State hereunder. Contractor shall comply with the provisions of CRS §§18-8-308 and 24-18-101, et seq. B. Specific Prohibitions Page 4 of 14 Contractor's and sub-Contractor's officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Contractor, potential contractors, or parties to sub-agreements. Contractor's employees, officers, and agents or any permitted sub-Contractor shall not participate in the selection, award, or administration of this Contract or sub-Contract if a conflict of interest or the appeazance thereof would occur. Such a conflict would arise when any of the following has a financial or other interest in the firm selected for awazd, to-wit: i. an employee, officer or agent; ii. any member of the employee's immediate family; iii. an employee's partner; or iv. an organization, which employs, or is about to employ, any of the aforementioned. C. Determination by State-Default If Contractor is uncertain whether the appearance of a conflict of interest exists, Contractor shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict shall be considered a material default of this Contract. D. Code of Performance Contractor and sub-contractors, if any, shall maintain a written code of standards governing the performance of their respective employees, agents, and contractors engaged in the award and administration of this Contract. Contractor shall provide a copy of such code to the State within 10 days of the State's written request therefore. 12. WARRANTIES A. Services and Goods During the term of this Contract, Contractor, as part of Contractor's obligations hereunder and at no additional cost to the State, warrants, as follows: i. SpeciScations All Services performed and all Goods delivered shall meet the specifications set forth in this Contract and are acceptable to the State. ii. Suits, Claims, and Actions There are not nor will there be any pending or threatened suits, claims, or actions of any type with respect to the Services or Goods provided, and iii. Liens and Encumbrances All Services performed and Goods provided aze and shall remain free and clear of any liens, encumbrances, or claims arising by or through Contractor or any party related to Contractor. B. Standard And Manner Of Performance Contractor shall perform the Work in accordance with the highest standard of caze, skill and diligence provided by a professional person or company in performance of similaz Work. All services, consumables, products, and materials used in performance of the Services shall be of good quality and/or free from faults and defects. Contractor shall perform its obligations hereunder in the sequence and manner set forth in the Statement of Work section of this Contract. C. Inspection and VeriScation The State reserves the right to inspect all Services and Goods provided hereunder at all reasonable times and places to verify that they conform to the requirements of the Statement of Work section of this Contract. D. Remedies If the Contractor breaches any of its warranties, the State may require Contractor to promptly perform the Services or provide Goods again in conformity with Contract requirements, at no additional cost to the State. If such breaches cannot be, or are cured, the State may, in addition to any other remedies provided or in this Contract, require Contractor to take necessary action to ensure that future performance conforms to the provisions of this Contract; and equitably reduce the payment due to Contractor to reflect the reduced value of the Services performed or Goods provided. Any reduction, delay or denial of payment under this provision shall not constitute a breach of Contract or default by the State. Page 5 of 14 13. REPRESENTATIONS A. Licenses, Permits, Etc. Contractor warrants that as of the Effective Date it has, and that all times during the term hereof it will have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorizations required by law to perform the Services and/or deliver the Goods specified herein. Additionally, all employees of Contractor performing services under this Contract shall hold the required licenses or certification, if any, to perform their duties. Contractor, if a foreign corporation or other entity transacting business in the State of Colorado, further certifies that it currently has obtained and shall maintain any applicable certificate of authority to do business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Contractor to properly perform this Contract, shall be deemed to be a default by Contractor and grounds for termination for cause of this Contract. B. Legal Authority Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract and to bind Contractor to its terms. The person signing and executing this Contract on behalf of Contractor hereby represents, warrants, and, guarantees that they have full authorization to do so. C. Tax Exempt Status The State represents that it is not liable for any sales, use, excise, property or other taxes imposed by any federal, state or local governmental authority, nor for any Contractor franchise or income related tax. No taxes of any kind shall be charged to the State. The State's FEIN # is 84-0644739 and its tax exempt # is 98-02565. 14. INSURANCE Contractor shall obtain and maintain insurance as specified below herein at all times prior to the termination or expiration of this Contract: A. Worker's Compensation Worker's Compensation Insurance as required by state statute, and Employer's Liabiity Insurance covering all of the Contractor's employees acting within the course and scope of their employment. B. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 Ol 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with miniruum limits as follows: i. $1,000,000 each occurrence ii. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate; and iv. $50,000 any one fire; and if any aggregate limit is reduced below $1,000,000 because of claims made or paid, the Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the State a certificate or other document satisfactory to the State showing compliance with this provision. C. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit. D. Additional Insured The State of Colorado shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). E. Primacy Coverage required of the Contract shall be primary over any insurance or self-insurance program carried by the State. Page 6 of 14 F. Cancellation The Insurance shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the State by certified mail. G. Subrogation Waiver All insurance policies in any way related to the Contract and secured and maintained by the Contractor as required herein shall include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. H.5atisfactory Insurers All insurance policies and coverages required hereunder shall be issued by reputable insurance companies satisfactory to the State. I. Certificates Contractor shall provide certificates evidencing insurance coverage required hereunder to the State within seven business days of the Effective Date or before commencement of Contractor's performance hereunder, whichever occurs first. No later than 15 days prior to the expiration date of any such coverage, Contractor shall deliver the State certificates of insurance evidencing renewals thereof. At any time during the term hereof, the State may request in writing, and the Contractor shall thereupon within 10 days supply to the State, evidence satisfactory to the State of compliance with the provisions of this section. J. Public Entity Notwithstanding subsection A, above, if Contractor is a "public entity" within the meaning of the Colorado Governmental hnmunity Act, §CRS 24-10-101, et seq., as amended ("Act"), Contractor may at all times during the term of this Contract maintain only such liability insurance, by commercial policy or self- insurance, as is necessary to meet its liabilities under the Act. Upon request by the State, Contractor shall show proof of such insurance satisfactory to the State. 15. DEFAULT-BREACH A. Defined In addition to any breaches or defaults specified in other sections of this Contract, including, but not limited to the Colorado Special Provisions, the failure of either Party to perform any of its obligations hereunder entirely, partially, or in satisfactory manner, including, but not limited to, performing them in a timely manner, constitutes a default or breach. The institution of proceedings under any banlauptcy, insolvency, reorganization or similaz legislation, by or against the Contractor, or the appointment of a receiver or similar officer for the Contractor or any of its property, and such proceedings or appointments are not vacated or fully stayed within 20 days afrer the institution or occurrence thereof, shall also constitute a default. B. Notice and Cure Period In the event of a default or breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in the Notice section of this Contract. If such default or breach is not cured within 30 days of receipt of written notice or cure of the default or breach has not begun within said period or has not been pursued with due diligence, the aggrieved Party may terminate this Contract by providing written notice thereof, given in the manner provided for in the Notice section of this Contract, effective 15 days from the date the notice of termination was received. 16. REMEDIES If Contractor is in default under any provision of this Contract including, but not limited to the Special Provisions, the State shall have all of the remedies listed in this section in addition to all other remedies set forth in other sections of this Contract and as available at law or in equity. The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Early Termination in the Public Interest The State is entering into this Contract for the purpose of carrying out the public policy of the State of Colorado, as detemuned by its Governor, General Assembly, and Courts. If this Contract ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Contract in whole or in par[. Exercise by the State of this right shall not be deemed a breach of the State's obligations hereunder. Page 7 of 14 This subsection shall not apply to a termination of this Contract by the State for cause or default by Contractor, which shall be governed by the Temunation for Cause and/or Default subsection of this Remedies section. i. Method and Content. The State shall give written notice of termination to Contractor in accordance with the notice provisions of §15, above, and §17, below, specifying the effective date of temunation and whether it affects all or a portion of this Contract. ii. Obligations and Rights. To the extent specified in the termination notice, Contractor shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall also terminate outstanding orders and subcontracts with third parties. However, Contractor shall complete and deliver to the State al] Services and Goods not terminated by the temunation notice and may incur obligations as are necessary to do so within the Contract temrs. In the sole discretion of the State, Contractor shall assign to the State all of Contractor's right, title, and interest under such terminated orders or subcontracts. Upon termination, Contractor shall take timely, reasonable and necessary action to protect and preserve property in the possession of Contractor in which the State has an interest. All finished or unfinished documents, data, studies, reseazch, surveys, drawings, maps, models, photographs, and reports or other materials prepared by Contractor under this Contract or materials owned by the State in the possession of Contractor shall, at the option of the State, be delivered by Contractor to the State and shall become the State's property. Contractor shall complete and deliver to the State all Services and Goods not terminated by the termination notice and may incur obligations as are necessary to do so within the Contract temps. iii. Payments. If this Contract is terminated by the State for convenience, Contractor shall be paid an amount which bears the same ratio to the total compensation as the Services satisfactorily performed or the Goods satisfactorily delivered or installed bear to the total Services and Goods covered by this Contract, less payments previously made. Additionally, if the Contract is less than 60% completed, the State may reimburse Contractor for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Contract) it incured that aze directly attributable to the uncompleted portion of Contractor's obligations hereunder; provided that reimbursement shall not exceed the maximum amount payable to Contractor. B. Termination for Cause and/or Default If Contractor fails to perform any of its obligations hereunder with such diligence as is required to ensure their completion in a timely manner and such non-performance continues following notice, the State may notify Contractor in writing of such non-performance which specifies a cure period. If Contractor thereafter fails to promptly cure such non-performance within such time, the State, may, at its option, terminate this entire Contract or such part of this Contract as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. i. Method and Content The State shall give written notice of ternnation to Contractor in accordance with the notice provisions hereof specifying the effective date of termination and whether it affects all or a portion of this Contract. ii. Obligations and Rights To the extent specified in the termination notice, Contractor shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall also terminate outstanding orders and subcontracts with third parties. However, Contractor shall complete and deliver to the State all Services and Goods not cancelled by the ternination notice and may incur obligations as are necessary to do so within the Contract terms. In the sole discretion of the State, Contractor shall assign to the State all of Contractor's right, title, and interest under such temunated orders or subcontracts. Upon temunation, Contractor shall take timely, reasonable and necessary action to protect and preserve property in the possession of Contractor in which the State has an interest. In the sole discretion of the State, Contractor shall assign to the State all of Contractor's right, title, and interest under such terminated orders or subcontracts. All fmished or unfinished documents, data, studies, Page 8 of 14 research, surveys, drawings, maps, models, photographs, and reports or other materials prepared by Contractor under this Contract shall, at the option of the State, be delivered by Contractor to the State and shall become the State's property. iii. Payments The State shall only reimburse Contractor for accepted Services and Goods received up to the date of termination and, if after ternnation, it is determined that Contractor was not in default or that Contractor's action/inactiontyas excusable, such temunation shall be treated as a termination for convenience and the rights and obligations of the Parties shall be the same as if this Contract had been ternunated for convenience, as described above herein. iv. Damages and Witholding Notwithstanding any other remedial action by the State, Contractor also shall remain liable to the State for any damages sustained by the State by virtue of any default under this section by Contractor and the State may withhold any payment to Contractor for the purpose of mitigating the State's damages, until such time as the exact amount of damages due to the State from Contractor is determined. Further, the State may withhold amounts due to Contractor as the State deems necessary to protect the State against loss because of outstanding liens or claims of former lien holders and to reimburse the State for the excess costs incurred in procuring similar goods or services. Contractor shall be liable for excess costs incurred by the State in procuring from third parties replacement Services or substitute Goods as cover. C. Remedies Not Involving Termination The State, its sole discretion may exercise the following remedies in addition to its other remedies, to-wit: i. Suspend Performance Suspend Contractor's performance pending necessary corrective action as specified by the State without entitling Contractor to adjustment in price/cost or schedule; and/or ii. Withold Payment Withhold payment to the Contractor until corrections in services are satisfactorily completed and /or acceptable goods aze provided; and/or iii. Deny Payment Deny payment for those services not performed and/or not provided and which due to circumstances caused by the Contractor cannot be performed, or if performed, would be of no value to the State; provided that any denial of payment must be reasonably related to the value of work or perfom~arrce lost to the State; and/or iv. Removal Demand removal of Contractor's employees, agents, or subcontractors whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Contract is deemed to be contrary to the public interest or not in the State's best interest. 17. NOTICE and REPRESENTATIVES A. Notice All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to hard-copy notice, notice also maybe sent by e-mail to the a-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. B. Representatives The individuals listed below aze the principal representatives of the respective Parties. With respect to the State's representative(s), they have authority to inspect and reject goods and services, approve invoices for payment, and act otherwise for the State, except with respect to the execution of modifications to or termination of this Contract. For the purposes of this Contract, the official representative(s) and addresses of the Parties are: i. State• Page 9 of 14 Name and title of Person I~ "sitmeit7atie address Town;:State .Zi ii. Contractor Name and Title of Person Contractor name Address 1 Address 2 Town, State Zi 18. GOVERNMENTAL IlVINIUNITY Notwithstanding any other provision to the contrary, nothing herein constitutes a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, §CRS 24-10-101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departrnents, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Act and the risk management statutes, CRS §24-30-1501, et seq., as amended. 19. MISCELLANEOUS A. Binding Effect Unless otherwise provided herein, all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. B. Modification This Contract is subject to such modifications as maybe required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Contract on the effective date of such change, as if folly set forth herein. Except as specifically provided herein, no modification of this Contract shall be effective unless agreed to in writing by both Parties in an amendment to this Contract, properly executed and approved in accordance with Colorado State Law and State Fiscal Rules. C. Entire Understanding This Contract represents the complete integation of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever, unless embodied herein. D. Severability Provided this Contract can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declazed invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. E. Counterparts This Contract maybe executed in multiple identical original counterparts, all of which shall constitute one agreement. F. Waiver Waiver of any breach of a term, provision, or requirement of this Contract any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. G. Assignment-Novation Except as otherwise specifically provided in Exhibit A, Contractor's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted, and novations shall not occur, without the prior, written consent of the State. Any attempt at assignment, transfer, subcontracting, or novations without such consent shall be void. All subcontracts/subcontractors approved by Contractor or the State shall be subject to the provisions hereof. Contractor shall be solely responsible for all aspects of Page 10 of 14 subcontracting arrangements and performance. Contractor shall be solely responsible for all subcontracting arrangements, directions, and performance, including, but not limited to, delivery of Goods and performance of Services. Contractor shall require and ensure that each subcontractor assents in writing to all of the provisions hereof, including indemnifying the State as required under the Colorado Special Provisions, below herein. H. Third Party Beneficiaries Enforcement of this Contract and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Contract are incidental to the Contract, and do not create any rights for such third parties. I. Survival of Certain Contract Terms Notwithstanding anything herein to the contrary, provisions of this Contract requiring continued performance, compliance, or effect afrer termination hereof, shall survive such temunation and shall be enforceable by the State if Contractor fails to perform or comply as required. J. Jurisdiction and Venue All suits, actions, or proceedings related to this Contract shall be held in the State of Colorado and the Parties herby agree that venue shall be proper in the City and County of Denver. K Captions The captions and headings in this Contract aze for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. L. Rule of Contraction While the State drafted this Contract, the Parties agree that this Contract shall not be strictly construed against the drafter. M. Order of Precedence The provisions of this Contract shall govern the relationship of the State and Contractor. In the event of conflicts or inconsistencies between this Contract and its exhibits and attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions ii. Exhibit A, then iii. Exhibit B, then iv. Exhibit C, then v. Exhibit D. Page 11 of 14 20. COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Contracts except where noted in italics. 20.1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 20.2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable afrer the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 20.3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the temps of this contract. [Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafer amended. 20.4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to bean agent or employee of the state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers' compensation (and provide proof of such insurance when requested by the state) and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 20.5. NON-DISCRINIINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair employment practices. 20.6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract, to the extent that this contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 20.7. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to Intergovernmental Agreements] The State Controller may withhold payment of certain debts owed to State agencies under the State's vendor offset intercept system for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et. seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts certified by the State Controller as owing to the State as a result of final agency detemunation or judicial action. 20.8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this contract shall be used for the acquisition, operation, or maintenance of computer sofrware in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this contract, including, Page 12 of 14 without limitation, immediate temunation of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 20.9. EMPLOYEE FINANCLAL INTEREST. CR5 §2418-201 and §24-50-507. The signatories aver that to their knowledge, no employee of the State has any persona] or beneficial interest whatsoever in the service or property described in this contract. 20.10. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5- 102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall ternnate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, institution of higher education or political subdivision a written, notarized affirmation, affinrring that Contractor has examined the legal work status of such employee, and comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. 11. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affums under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24- 76.5-103 prior to the effective date of this contract. Revised May 13, 2008 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 13 of 14 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT * McKinstry signs this agreement as an example of acceptable contract language and scope of work between the City of Aspen and McKinstry for a technical Energy Audit. Appropriate modifications and additions shall be made at a later date and with an official execution of the contract. CONTRACTOR: Insert Contractor's Name STATE OF COLORADO Name: Leslie Lazo ue Bill Ritter Jr. GOVERNOR Title: Business Develo went Mana er B: *Si nature Insert Name of Executive Director Date: 07/17/2008 Date: Insert Name of State or institution of hi er education State of Colorado Department of Personnel and Administration The Office of the State Architect LEGAL REVIEW: B B: Friedber ,Mara er (or authorized dele ate) John W. Suthers, Attome General Date: Date: ALL CONTRACTS REQUIRE APPROVAL BY TAE STATE CONTROLLER CRS §24-30-202 requves the State Controller to approve all State Contracts. This Contract is not valid untII signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contactor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: ^Kevin Edwards Yvonne Anderson ^Robert Jaros Page 14 of 14 Exhibit A -Technical Energy Audit & Project Proposal Contract Scope of Work 1) Data and Information. Collect data and background information from State concerning facility operation and energy use for the most recent three years from the effective date of this Contract as follows: a. Building square footage. b. Construction data of buildings and major additions including building envelope. c. Utility company invoices. d. Occupancy and usage information. e. Description of all energy-consuming or energy-saving equipment used on the premises. f. Description of energy management procedures utilized on the premises. g. Description of any energy-related improvements made or currently being implemented. h. Description of any changes in the structure of the facility or energy-using or water-using equipment. i.Descripfion of future plans regarding building modifications or equipment modifications and replacements. j.Drawings, as available (may include mechanical, plumbing, electrical, building automation and temperature controls, structural, architectural, modifications and remodels). k. Original construction submittals and factory data (specifications, pump curves, etc.), as available. I.Operating engineer logs, maintenance work orders, etc., as available. m. Records of maintenance expenditures on energy-using equipment, including service contracts. n. Prior energy audits or studies, if any. 2) Identify Potential Measures a. Interview individuals with knowledge of the facility such as the facility manager, maintenance staff, subcontractors and occupants of each building regarding: i. Facility operation, including energy management procedures. d. Equipment maintenance problems. iii. Comfort problems and requirements. iv. Equipment reliability. v. Projected equipment needs. vi. Occupancy and use schedules for the facility and specific equipment. vii. Facility improvements -past, planned and desired. b. Survey major energy-using equipment, including, but not limited to, lighting (indoor and outdoor), heating and heat distribution systems, cooling systems and related equipment, automatic temperature control systems and equipment, air distribution systems and equipment, outdoor ventilation systems and equipment; exhaust systems and equipment; hot water systems, electric motors, transmission and drive systems, special systems such as kitchen/dining equipment and swimming pools, renewable energy systems, other energy using systems, water consuming systems, such as restroom fixtures, water fountains, and irrigation systems. c. Perform "late-night" surveys outside of normal business hours or on weekends to confirm building system and occupancy schedules, if deemed necessary. d. Develop a preliminary list of potential energy and water saving measures. Consider the following for each system: i. Comfort and maintenance problems. ii. Energy use, loads, proper sizing, efficiencies and hours of operation. Page 1 of 6 Exhibit A -Technical Energy Audit & Project Proposal Contract Scope of Work iii. Cunent operating condition. iv. Remaining useful life. v. Feasibility of system replacement. vi. Hazazdous materials and other environmental concerns. vii. State's future plans for equipment replacement or building renovations. viu. Facility operation and maintenance procedures that could be affected. ix. Capability to monitor energy performance and verify savings. 3) Base-Year Consumption. Establish base-year consumption and reconcile with end-use consumption estimates. a. Establish appropriate base year consumption by examining utility bills for the past three years for electricity, gas, propane, steam, water, and any other applicable utilities. Present base year consumption in terms of energy units (kWh, kW, ccf, Therms, gallons, or other units used in bills), in terms of energy units per square foot, in teens of dollars, and in terms of dollars per squaze foot. Describe the process used to determine the base year (averaging, selecting most representative contiguous 12 months, removal of anomalies, or other statistical or weather-normalized method). Consult with facility personnel to account for any anomalous schedule or operating conditions on billings that could skew the base year representation. Contractor shall account for periods of time when equipment was broken or malfunctioning in calculating the base yeaz. b. Estimate loading, usage and/or hours of operation for all major end uses of total facility consumption including, but not limited to: lighting, heating, cooling, motors (fans, pumps, and other pertinent), plug loads, and other major energy and water using equipment. Where loading or usage are highly uncertain (including variable loads such as cooling), Contractor shall use its best judgment, spot measurements or short-term monitoring. Contractor should not assume that equipment run hours equal the operating hours of the building(s) or facility staff estimates. c. Reconcile annual end-use estimated consumption with the annual base yeaz consumption. This reconciliation shall place reasonable "real-world" limits on potential savings. Propose adjustments to the baseline for energy and water saving measures that shall be implemented in the future. d. For facilities constructed and occupied prior to July 1, 2005, establish the actual FY 2005/2006 baseline utility consumption and compaze to the EPC base yeaz consumption. Document, analyze, and defend all variances between the EPC base year consumption values and the actual FY 2005/2006 facility baseline utility consumption. 4) Preliminary Analysis. Develop a preliminary analysis of potential energy and water saving measures. a. List all potential opportunities, whether cost-effective or not. Consider technologies in a comprehensive approach including, but not limited to: lighting and daylighting systems, heating/ventilating/air conditioning equipment and distribution systems, controls systems, building envelope, motors, kitchen equipment, pools, renewable energy systems, other special equipment, irrigation systems, and water saving devices. b. Identify measures which appeaz likely to be cost effective and therefore warrant detailed analysis. c. For each measure, prepare a preliminary estimate of energy or water cost savings including description of analysis methodology, supporting calculations and assumptions used to estimate savings. Page 2 of 6 Exhibit A -Technical Energy Audit & Project Proposal Contract Scope of Work 5) Preliminary Meeting. Meet with State to present preliminary analysis prior to complete analysis. Describe how the projected project economics meet the State's terms for completing the Technical Energy Audit and Proposal Contract. Discuss assessment of energy use, savings potential, project opportunities, and potential for developing an energy performance contract. Develop a list of recommended measures for further analysis. The State shall at its discretion, have the option to reject any presented calculations of savings, potential savings allowed, or project recommendations. 6) Savings and Cost Analysis. Analyze savings and costs for each mutually agreed to energy and water saving measure and any mutually agreed to capital improvement measures. a. Follow the methodology of the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) or other nationally-recognized authorities following the engineering principle(s) identified for each retrofit option. b. Utilize assumptions, projections and baselines which best represent the true value of future energy or operational savings. Include accurate mazginal costs for each unit of savings at the time the audit is performed, documentation of material and labor cost savings, adjustments to the baseline to reflect current conditions at the facility, calculafions which account for the interactive effects of the recommended measures. c. Use best judgment regarding the employment of instrumentation and recordirig durations so as to achieve an accurate and faithful characterization of energy use. d. Use mazkups and fees stated in contract in all cost estimates. e. Develop a preliminary measurement and verification plan for each measure. f. Follow additional guidelines for analysis and report prepazation given below. g. Include cost to provide services and complete application for ENERGY STAR Label, LEED-EB certification for Existing Buildings, or other certification. '~ Draft Audit Report. Prepare a draft Technical Energy Audit Report. The report provides an engineering and economic basis for negotiating a potential Energy Performance Contract between the State and the Contractor. The report shall include: a. Overview. i. Contact information. ii. Summary table of recommended energy and water saving measures, with itemization for each measure of total design and construction cost, annual maintenance costs, the first year cost avoidance (in dollazs and energy/water units), simple payback and equipment service life. iii. Summary of annual energy and water use by fuel type and costs of existing or base yeaz condition. iv. Calculation of cost savings expected if all recommended measures aze implemented and total percentage savings of total facility energy cost. v. Description of the existing facility, mechanical and electrical systems. vi. Summary description of measures, including estimated costs and savings for each as detailed above. vii. Discussion of measures considered but not investigated in detail. viii. Conclusions and recommendations. b. Base year energy use. i. Description and itemization of current billing rates, including schedules and riders. ii. Summazy of all utility bills for all fuel types and water. Page 3 of 6 Exhibit A -Technical Energy Audit & Project Proposal Contract Scope of Work iii. Identification and definition of base yeaz consumption and description of how established. iv. Reconciliation of estimated end use consumption (i.e. lighting, cooling, heating, fans, plug loads, etc) with base year (include discussion of any unusual findings) c. Full description of each energy and water saving measure including: i. Written description of: A. Exisfing conditions. B. Description of equipment to be installed and how it shall function. C. Include discussion of facility operations and maintenance procedures that shall be affected by installation/implementation. D. Present the plan for installing or implementing the recommendation. ii. Savings calculations: A. Base yeaz energy use and cost. B. Post-retrofit energy use and cost. C. Savings estimates including analysis methodology, supporting calculations and assumptions used. D. Annual savings estimates. The cost savings for all energy saving measures must be determined for each year during the contract period. Savings must be able to be achieved each year (cannot report average annual savings over the term of the contract). E. Savings must be limited to savings allowed by the State as described above. F. Percent cost-avoidance projected. G. Description and calculations for any proposed rate changes. H. Explanation of how savings interactions between retrofit options is accounted for in calculations. I. Operation and maintenance savings, including detailed calculations and description. Ensure that maintenance savings aze only applied in the applicable years and only during the lifetime of the particulaz equipment. J. If computer simulation is used, include a short description and state key input data. If requested by State, access shall be provided to the program and all assumptions and inputs used, and/or printouts shall be provided of all input files and important output files and included in the Technical Energy Audit with documentation that explains how the final savings figures aze derived from the simulation program output printouts. K. If manual calculations are employed, formulas, assumptions and key data shall be stated. L. Conclusions, observations, caveats. ui. Cost estimate -Include all information required under CRS §24-30-2002 as well as a detailed scope of the construction work suitable for cost estimating. Include all anticipated costs associated with installation and implementation. Provide preliminary specifications for major mechanical components as well as detailed lighting and water fixture counts. The following shall also be included: A. Engineering/design costs. B. Contractor/vendor estimates for labor, materials, and equipment; include special provisions, overtime, and all other appropriate items, as needed to Page 4 of 6 Exhibit A -Technical Energy Audit & Project Proposal Contract Scope of Work accomplish the work with minimum disruption to the operations of the facilities. C. Permit costs. D. Construction management fees. E. Environmental costs or benefits (disposal, avoided emissions, handling of hazazdous materials, and any other related costs). F. Note that all markups and fees stated in Exhibit D to the Technical Energy Audit and Project Proposal Contract (TEAPP) to which this Exhibit A is attached, shall be used in the cost estimates, unless otherwise documented and justified due to change in scope or size of project or other unforeseen circumstances. G. Conclusions, observations, caveats. H. Other cost categories as defined above under "markups" in Contract. d. Miscellaneous: i. Estimate of average useful service life of equipment. ii. Preliminary commissioning plan. iii. Preliminary measurement and verification plan, following the International Performance Measurement and Verification Protocol most current International Performance Monitoring and Verification Protocol (IPMVP), explaining how savings from each measure is to be measured and verified. iv. Discussion of impacts that facility would incur after contract ends. Consider operation and maintenance impacts, staffing impacts, budget impacts, etc., and identify who is responsible for maintenance. v. Compatibility with existing systems. S) Post-Audit Meeting. Meet with State to review the recommendations, savings calculations and impact of the measures on the operations of the facility. Describe how the projected project economics meet the State's terms for completing the Technical Energy Audit and Performance Contract Proposal. Discuss the willingness and capability of State to make capital contributions to the project to improve the economics of the overall project. Revise Audit as directed by State. 9) Complete and Present Final Technical Energy Audit Report. Deliver final audit report to State for approval. Execute Exhibit B to the TEAPP. 10) Proposal. Prepare an Energy Performance Contract Proposal using the State Energy Performance Contract documents. In anticipation of Contractor and State entering into an Energy Performance Contract to design, install, and monitor the energy and water saving measures proposed in the Technical Energy Audit Report, Contractor shall prepare a proposal to be incorporated in an Energy Performance contract that includes the following: a. Project Cost is the maximum not to exceed amount State shall pay for the project and Contractor's services. Costs must be consistent with mutually agreed to mazkups and fees established in Exhibit D to the TEAPP. Costs may include but are not limited to: engineering, designing, packaging, procuring, installing (from Technical Energy Audit Report results); performance/payment bond costs; construction management fees; commissioning costs; maintenance fees; monitoring fees; training fees; and overhead and profit. b. Include a List of Services that shall be provided as related to each cost. c. Expected term of the Energy Performance Contract. Page 5 of 6 Exhibit A -Technical Energy Audit & Project Proposal Contract Scope of Work d. Expected utility rate forecast (escalation or decline) based on historical trends, utility provider rate forecasts, economic forces of supply and demand (global, national, local or regional), natural resource availability, technology, utility capita] investment, and environmental requirements. (GEO and/or the Office of the State Architect shall be consulted on the appropriate fuel price escalation factors for all projects.) e. Description of how the project shall be financed including available interest rates and financing terms, based on interest rates likely available to State at this time, and based on a 60-day and 90-day lock option. f. Explanation of how the savings shall be calculated and adjusted due to weather (such as heating and cooling degree days), occupancy or other factors. Monitoring and verification methods must be consistent with the most current IPMVP. g. Analysis of annual cash flow for State during the contract term. Page 6 of 6 JUL. 24. 2008 6:53AM is®$$S ASPEN WATER DEPT "try N0. 049 P. 1 PPC1fCT ProfessionalSarViCesforEnergyqutlitslASpen,CO C~nTf 051909 CLhNT City Of ASpon TaPIC S0ot10n 4-CCOStc As apre-approved energy services provider through the Governor's Energy Office's Energy Performance Contracting Program, McKlnstry is experienced in providing energy auditing services and deliverables for municipal government clients. The audit process includes a Technical Energy Audit Report and Project Proposal as the fnal deliverable. This document contains an agreed-upon package of FIMs with scopes of work, energy savings calculations and estimated maximum pricing to install the defined FIMs. It is our understanding that the City of Aspen is working with the Governor's Energy Office but is not planning to use the GEO's standard contracts for energy performance contracting. It is our further understanding that the Ciry is interested in having the company that performs the audit also be responsible for implementation of the energy savings measures. In this context, McKlnstry is interested in and capable of being the City's turn-key provider of both auditing and implementation services. We propose the following lump sum cost to complete the energy audit for the City of Aspen as described in Section 3. This cost covers all labor, materials and travel costs associated with completing ofthe energy audit, AUDIT CosT = $38,500 (Thirty Eight Thousand, Five Hundred Dollars) CREDIT TOWARDS CONSTRUCTION As stated above, it is our understanding that the City of Aspen is interested in having the company that partorms the audit also be responsible for implementation of the energy savings measures. in this context, McKlnstry Is interested in and capable of being the City's turn-key provider of both auditing and implementation services. If the City does decide to Implement [he agree-upon paclrage of Facility Improvement Measures and awards McKlnstry the construction contract to do so, McKlnstry will credit the City of Aspen $13,500 towards this phase of fhe project. This ultimately brings the cost of the Energy Audit far the City ofAspen to $25,000 (Twenty-Flue Thousand Dollars). LEBDTM FOR EXISTING BUILDINGS/NEW CONSTRUCTION 8c SUSTAINABILITY CONSULTING Based on the City's commitment to the Canary Initiative and your efforts to date towards overall sustainabiliry, we believe we have more to offer the City than strictly energy auditing services. To the extent that the City is interested in having a longer term partner in developing and maintaining high pertormance buildings and sustainable operations, McKinstry is Interested and has the capabilities to provide consulting services in the areas of Sustainabiliry Consulting and LEED~M certification assistance. • McKlnstry has experience with both LEEDrM-EB and Energy Star rating systems and their applications at specific buildings, both wRhin and outside of energy efflciehcy/aud'Ring programs. Within the energy audit es proposed above, McKinstry will provide Energy Star benohmarking services and we will work with the Ciry to assess which buildings may De good candidates for Energy Star ratings or LEEDTM-EB certification. If the Ctty is interested in pursuing points for LEEDTM certification, McKinstry can assist the City through a LEEDTM Charrette to determine the most cost-effective and beneficlel approach to attaining the points necessary for LEEDrM certification and we can manage the LEEDTM certification paperwork process on your behalf. &!s~i ~'Jr~i~'•(i.L~ili~~i ~~`.:Wl3V.LL~x^aLi_L:.tf~_ ''~C:.. _`iF:~:'i~11?'Fr`.y ... N...r- _. .' -: r... fa. i 4M0....-.._l__4.:T..'(i'.. ~:CE~~..w.a.-~.+_:~.~.'.+a..~...ttwY..i f: ~.. Paee~la5 of199 JUL. 24. 2008 8:53AM ASPEN WATER DEPT N0. 049 P. 2 ` DR6lECi Prof@ssionel aervlces for Energy Audits;Aspen, CO (~jb~/ NATE Ob 1908 C:IENt City of Aspen a~'~ TO D1C S@C.IDn 4-CD6L6 In addition, McKinstry has included our Sustainability Program Manager, Kristyn Clayton, as pare of the City of Aspen project team. Within the energy audit -scope of work, Krlstyn is on our team to ensure that the protect is complete by evaluating potential sustainability opportunities. We propose an hourly rate of $110/houY•for the services of our LEEDTM-AP staff consultants, These services can be contracted on a time and materials basis with a "not to exceed" number of hours or dollar amount. As the scope of work becomes more defined, McKinstry can offer an estimate of hours to complete certain tasks. In summary, we are confident in our ability t3 deliver the City of Aspen ahigh-integrity project with unparalleled benchmarks for performance, quality and service. We welcome the opportunity to discuss in detail our past successes with energy projects and the stellar capabilities of our staff and wish you,success in your decislon•making process. • • • ' r... }',~ ..i ..e... "3sST' vvr'~ .n ~~; ..; •:n.n .r; .r4~.,.v ,...._ .~_. .. rrt' ,.=:•v'".~ra' - u',:~~::'v'Fi~f. e. ~i'.L •'J' G- ~aww~ ':i. 'r~.:::,t.4_i - fru.:,::_•~~.,'::i~]~:..~rs'..^`.' . Page 168 of 188 T MEMORANDUM TO: FROM: DATE OF MEMO: MEETING DATE: RE: Mayor and City Council Bentley Henderson 07-18-08 07-28-08 VI ~ Burlingame Single Family Lot Resolution REQUEST OF COUNCIL: For your consideration is a proposed resolution finalizing the details around the private development of the single family home sites in Burlingame Village PREVIOUS COUNCIL ACTION: The information provided is actually the third iteration of the document. On previous occasions, staff has been directed to further work with the homeowners to craft resolution language that is agreeable to both the homeowners and the City. Staff is confident that the resolution presented is representative of the needs/desires of the homeowners and goals of the City's affordable housing effort. BACKGROUND: Please refer to staff memo of June 2, 2008, for detailed background information. DISCUSSION: The primary decision points at issue in previous resolutions included the payment of up-front fees, and defining the means by which and what costs could be recouped in defining an amended resale cap. Again, the resolution as presented reflects agreements in both of those areas. FINANCIALBUDGET IMPACTS: The following represents the impacts of the resolution Subsidy 189,500 x 5 = $947,500 344,000 x 1 = 344 000 Total $1,291,500 Tap Fees 25,000 x 6 = $150,000* Total $1,441,500 *It was represented to the lot owners on numerous occasions dating back to early `06 that they would not be responsible for tap fees. Page 1 of 5 RECOMMENDED ACTION: Staff recommends approval of Resolution #56 2008 formalizing the following policies as they relate to the development of the single family lots at Burlingame Ranch: 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. In addition, tap fees and building permit fees for each Lot shall be paid out of the Housing Fund. Further, all additional subsidies will only be paid directly to the Community Development Department or applicable water or sanitation district or 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 (see resolution for exact language). 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, per APCHA Guidelines, 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. CITY MANAGER ATTACHMENTS: Resolution #56 2008 Page 2 of 5 RESOLUTION NO. 56 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, the City sold employee owners who qualified under the "Resident Occupied" Category ("RO Owners") of the Aspen/Pitkin County Affordable Housing Guidelines Lots 1-5, Block 1, Filing I of Burlingame Ranch Subdivision ("RO Lots") for $150,000 per lot plus stub-out fees in the sum of $4380.00; and WHEREAS, the City sold employee owners who qualified under the "Category 6" Category ("Category 6 Owners") of the Aspen/Pitkin County Affordable Housing Guidelines Lots 6-7, Block 1, Filing I of Burlingame Ranch Subdivision ("Category 6 Lots") for $119,400 per lot plus stub-out fees in the sum of $4,380.00; and WHEREAS, subsequent to the sale of these lots the City determined that an inequity in the subsidy afforded the lots versus the multi-family units at Burlingame Ranch occurred, and that the owners of the lots would have difficulty building affordable housing on the lots to contribute to the City's affordable housing inventory due to high costs of construction and the cost of the lots, tap fees and certain carrying costs associated with the purchase of the lots; and WHEREAS, in order to correct this inequity and to reverse the consequences of the transaction between itself and the owners of single family lots the City desires to provide a subsidy in the sum of $189,500 for RO Owners and $344,000 for Category 6 Owners and to waive payment of tap fees and building permit fees for each Lot and to pay the Community Development Department or applicable water or sanitation district fees for such permits and tap fees out of the Housing Fund to correct the original purchase and sale of the Lots and to amend and restate the terms of the settlement of the purchase of the aforesaid single family lots; and WHEREAS, it is the intent of the City that the subsidy and payment of tap fees and building permit fees shall be a corrective measure and not a taxable event; and WHEREAS, the City finds that such adjustment will preserve its public policy regarding affordable housing, which is in the best interests of the community; and WHEREAS, the City Council has further determined that relief in the maximum resale price of the lot is warranted, and Page 3 of 5 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. In addition, tap fees and building permit fees for each Lot shall be paid out of the Housing Fund. Further, all additional subsidies will only be paid directly to the Community Development Department or applicable water or sanitation district or 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. Resale caps shall be established for each Lot at the time of issuance of the original certificate of occupancy and any subsequent certificate of occupancy or certificate of completion for such lot for expansion of liveable space using the following formula: total cost of acquisition of the lot plus the costs of construction of all improvements on the Lot, including but not limited to azchitect, engineer, consultant and general contractor fees and the costs of labor and materials for buildings, landscaping, hardscaping and related infrastructure, minus amount of subsidy received for the Lot. Initial Sales Price caps determined at the issuance of the original certificate of occupancy for any Lot shall not exceed $995,000 for RO Lots or $840,500 for Category 6 Lots, recognizing that these amounts aze Not To Exceed amounts and that the actual deed restriction resale cap will be reflective of actual costs of construction, as defined above. The Housing Authority shall release existing deed restrictions against the Lots containing references to $454,000 caps for Category 6 Lots and $640,000 caps for Resident Occupied Lots and record new deed restrictions that comply with the requirements of this Resolution. All requirements of the existing deed restrictions not in conflict with this Resolution shall remain in effect. Lot Owners affected by this Resolution shall agree to the amended and restated terms of the Resolution as a condition of final approval of the subsidy and a condition of the issuance of the certificate of occupancy for that lot. Page 4 of 5 RESOLVED, APPROVED AND ADOPTED this 28th day of July, 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 July 28, 2008. Kathryn S. Koch, City Clerk Page 5 of 5 MEMORANDUM TO: Mayor and City Council FROM: Bentley Henderson THRU: Steve Barwick DATE OF MEMO: 6-02-OS MEETING DATE: 6-09-08 RE: 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 years, the City Council has heard the concerns expressed by the owners of the single family lots at Burlingame Ranch. Resolution of those concerns is being addressed in two ways one, 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 around 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 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 towards a change) since mid April. Conversations have centered primarily around the desire to ensure that once the homeowners has completed their project that they will not be in a situation were if forced to sell they would not 6e 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 formalizing 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 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 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~TION: By adopting the Consent Calendar, you are approving Resolution # ~ 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 COMMENTS: ATTACHMENTS: Resolution # Jr0 MEMORANDUM TO: Bentley Henderson FROM: Cindy Christensen THRU: Tom McCabe Housing Board DATE: July 18, 2008 RE: POTENTIAL CHANGES FORBURLINGAMELOTS The Housing Board reviewed your memo dated July 14, 2008 to the City Council regarding the Burlingame Single Family Lots. The Board is very much opposed to the following proposed changes: 1. The Boazd is adamantly opposed to removal of the cap for the Category 6 and RO lots; if the cap is removed, than there should be NO subsidy back to the owners. 2. The Boazd is opposed to subsidizing items that aze not considered capital improvements under the deed restriction and/or Guidelines; i.e., mazble or granite counter tops, excessive landscaping, Jacuzzi tubs, etc. In all current deed restrictions, landscaping is NOT an appreciable item. In other words, the owner can recoup the cost of the landscaping at the time the home is sold, but the cost of the landscaping is not part of the construction of the house and appreciated. This exception would set a very bad precedent. 3. The policy that no longer allows the recognition of sweat equity should be unambiguously stated in the body of the resolution. 4. The Housing Board should be included in approving the construction materials and/or amenities for the home. In this fashion, any items that aze excessive will bepre-addressed by a comparison to a less extravagant choice, i.e., the versus granite or mazble. The Boazd would like to reiterate that if the caps go away, the City is basically throwing away the affordability of these lots/homes for any future buyer and damaging the credibility of the of the APCHA's mission statement. vii RESOLUTION NO. v J Series of 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO RECEIVE, ACCEPT AND ADOPT CERTAIN RECOMMENDATIONS OF THE AFFORDABLE HOUSING SUBCOMMITTEE OF THE ASPEN CITIZEN BUDGET TASK FORCE. WHEREAS, on February 11, 2008, by resolution of the City Council of the City of Aspen, Colorado, they did create a City of Aspen Citizen Budget Task Force, provide for a schedule of meetings and request said Task Force to provide a final report of its findings and recommendations by September 1, 2008, WHEREAS, The Mayor has proposed and City Council endorsed the creation of a Citizen Budget Task Force, to evaluate major issues of budgetary and financial policy, and provide a set or findings and recommendations to the City Council, and WHEREAS, on May 20, 2008, the Affordable Housing Subcommittee of the Citizens Budget Task Force met with the City Council and made 10 recommendations to them: 1. Employer Sponsored Analysis of Current and Expected Housing Demand/Supply and Proposals for Public/Private Partnerships Council response: Council wanted to wait and see if the City & County survey efforts that are currently in progress yielded a sufficient amount of information before commissioning additional survey efforts. If employers other than City/County were to organize their own survey efforts, the City would support those efforts in concept (but not with funding) and would be happy to share information with employers. The employer survey is nearly complete and should be released soon. 2. Post-Completion Review of Burlingame Phase 1 Council response: Council ageed to this recommendation and commissioned two such independent investigative audits: (1) a Performance Audit with the fum of Alvazez & Marsel whose scope of services was agreed to by the Subcommittee members, and (2) a Financial Review of the staff reconciliation of Burlingame costs by the City's external auditors, McMahan and Associates. 3. Reconsider Burlingame 2 and 3 Assumptions and to have an objective third party industry expert consultant estimate the costs for Burlingame Phases 2&3 Council response: Council agreed that the Construction Experts Group (CEG) the City Manager had convened would serve this purpose, and that they would consider construction methods, partnership possibilities, density changes in terms of sizing of the units and the number of units to be built, and more economical finishes to units. This group continues to meet. 4. Create a specialized Task Force to develop potential optional financial incentive programs to allow existing AH residents to downsize, sell, bridge to free-market, etc. Explore providing loan support programs for bridging to free market ownership for AH and free-market renters. Council response: Council has tabled this recommendation for now, but previously expressed support for this kind of analysis to be undertaken. This is part of a series of long term recommendations to be considered by the Housing Authority citizen boazd, and they have agreed to convene a group of locals to work on these issues. 5. Establish Independent Compliance Advisory Boazd to advise housing executives on compliance matters, and monitor compliance complaints. Council response: Council referred this recommendation to the Aspen Pitkin County Housing Authority Board for their review and recommendations. 6. Establish Outsourced 24 hour Help Line for Compliance. Council response: Council referred this recommendation to the Aspen Pitkin County Housing Authority Board for their review and recommendations. 7. Outsource Eligibility Testing to Specialized Fitrn. Council response: Council referred this recommendation to the Aspen Pitkin County Housing Authority Board for their review and recommendations. 8. Legal Review of All Contracts for Maximizing City Rights. Council response: Council referred this recommendation to the Aspen Pitkin County Housing Authority Board for then review and recommendations. 9. Establish Public Policy Review Committee whose Pttrpose is to advise on major Capital Spending prior to legal commitments. Council response: This recommendation has been tabled by the Task Force for the time being. 10. Update City Procurement/RFP system. Council response: Council agreed to this recommendation. Recommendations are expected from the auditors on this subject. WHEREAS, on June 30, 2008, the Affordable Housing Subcommittee of the Citizens Budget Task Force met with the City Council and presented a series of recommendation in two azeas: 1) Development Related: a) study and incorporate BG development options by CEG as to: construction methods, public/private partnerships that lessen public subsidies, density increases in terms of both sizing of units and number of units, more economical finishes that utilizes the City's buying power or allows for owner purchased upgrades b) preparation of a detailed plan and a comprehensive budget for BG 2/3 using recommendations from CEG 2) Financial and Management Control Systems: a) financial and management systems review of BG Ranch to include validating the dollars in the city's reconciliation spreadsheet, testing a sample of payments to contractor, review of internal controls surrounding multi-year capital projects, and make recommendations for improvements in the processes used to prepare construction budgets and forecasts b) performance audit of processes and procedures used for overall construction management administration c) direct Staff to recommend for immediate implementation the recommendations from those audits d) review of BG Phase 2/3 budget by independent industry professional prior to contract for value engineering options e) City Manager to provide a plan and a timeline for implementation of all recommendations, Council to approve that plan and get regular updates on progress and report to Community at least quarterly f) assessment of projects needs, resources, skill sets to ensure staffmg capability and experience for necessary oversight of all future AH projects g) Council to direct staff to develop and implement a routine, semiannual reporting procedure for Council and the public on progress on large capita! projects against the initial budget including revenues h) implement process to ensure accuracy of voter information and reasonableness of financial projections i) engage independent consultant for risk assessment and systems assessment of above prior to execution of BG 2/3 contracts j) Analyze the bonding capacity proposals of the Director of Finance regazding: (1) Housing Fund's abiliTy to absorb any proposed subsidy for any AH project, (2) capacity of the City to service any debt for BG 2/3, BMC West and any other proposed AH project, and (3) Council to make final recommendations with full awazeness of, and publicity to voters of, relationship to reasonably anticipated future funding needs and capacity for BG and other projects as well as other major capital improvements. k) Council establish a written policy and guidelines for AH subsidies for current and future AH projects. This policy to acknowledge a connection between subsidy levels and financial capacity of a AH project and possible overall impact on City's financial condition. Council response: Council agreed to these recommendations pending the completion of the independent auditor's recommendations (Alvarez and Mazsel) before fully committing to the details. They are in agreement with the principles that drive the purpose of those audits and anticipate accepting the audit recommendations. WHEREAS, it is the belief of the Affordable Housing Subcommittee of the Citizens Budget Task Force that these recommendations aze crucial to prepazing for a bond issue for future Affordable Housing development proposals and that they should be implemented as soon as possible. That the upcoming bond election is not simply a "Burlingame Issue" but involves the future of the Affordable Housing program and the best use of the funds available. That the development of a realistic timeline for the steps delineated in the recommendations and rigorous execution plan of same will increase community confidence and support of Burlingame and the Affordable Housing program. WHEREAS, the Affordable Housing Subcommittee of the Citizens Budget Task Force declares that: ^ Burlingame Ranch is Aspen's unique, high potential Affordable Housing resource ^ Burlingame has been approved on two occasions by vote of Aspen citizens ^ City Council is committed to Burlingame II and III ^ Funding for Burlingame Phases II and III requires a bond issue or other forms of multi-year financing as the RETT based fund is significantly depleted ^ Passage of a bond issue requires broad based citizen support • The present confusion as to actual vs. projected costs as presented in the 2005 brochure has weakened public trust ^ Therefore the Citizen Budget Task Force recommends that prior to sending a proposal fora Burlingame phase II bond issue to the voters, the City Council accept and commit to implementing these recommendations. We the City Council do therefore, receive, accept and adopt these recommendations asnoted and do express our gratitude for the work of the Affordable Housing Subcommittee of the Citizen Budget Task Force. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 28th day of July, 2008. Michael C Ireland, Mayor MEMORANDUM ~, TO: Mayor Ireland and City Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer ~~ RE: First Reading of Ordinance #~, Series of 2008, 600 W. Francis Street and 612 W. Francis Street, Subdivision and Landmark Designation DATE: July 28, 2008 APPLICANT /OWNER: Jack and Mazisa Silverman REPRESENTATIVE: Mitch Haas, Haas Land Planning LLC. LOCATION: 600 W. Francis Street, Lots R and S, Block 21, Doremus/Silvennan Lot Split, City and Townsite of Aspen. 612 W. Francis Street, Lots P and Q, Block 21, Doremus/Silverman Lot Split, City and Townsite of Aspen. CURRENT ZONING & USE R-6, Medium Density Residential with two single family residences. PROPOSED LAND USE: R-6, Medium Density Residential with two single family residences. STAFF RECOMMENDATION: Staff finds that the application meets the criteria for Subdivision and Landmazk Designation. Landmark was supported by HPC by a 6 to 0 vote. P&Z recommend subdivision to Council by a vote of 3to2. 600 W. Francis Street 612 W. Francis Street 1 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from City Council. • Subdivision for the relocation of an existing shazed property line pursuant to Land Use Code Section 26.480 (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). • Landmazk Designation for the designation of the entire 12,000 squaze foot area, under Land Use Code Section 26.415. (Gifu Council is the final review authority after considering a recommendation from the Historic Preservation Commission). SUBDIVISION REVIEW: The subject properties are two adjacent 6,000 squaze foot lots; 600 and 612 W. Francis Street. 600 W. Francis contains a Pan Abode home constructed in 1956. 612 W. Francis contains a home built in 1996. The pazcels are in the same ownership and the owner is voluntazily applying for landmark designation of the entire 12,000 squaze foot azea in order to apply for a Subdivision that takes advantage of the smaller minimum lot size requirement for landmazked parcels (3,000 squaze foot minimum for landmazks vs. 6,000 square foot minimum for non-landmarks.) The goal of the Applicant is to reconfigure the property so that the more recently built house is on a 3,000 squaze foot lot and the Pan Abode is on a 9,000 squaze foot lot. The platting that the applicant desires was the configuration of the properties prior to a past Subdivision approval requested in 2000. STAFF COMMENTS: The Applicant is requesting approval from City Council regazding Subdivision, for the relocation of the existing property line dividing two abutting properties, pursuant to Land Use Code Section 26.480. City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission. In reviewing the subdivision application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standazds. Those criteria along with the staff findings aze attached as "Exhibit A." At this time, the applicant is not proposing any new development on the pazcel. Landmazk designation and Subdivision will not increase the Floor Area that would currently be allowed in total on 600 and 612 W. Francis Street, except for the possibility of a 500 squaze foot Floor Area bonus if awarded by HPC for future restoration efforts. Landmazk Designation, whether or not the lot line is relocated, does create the potential for an additional dwelling unit adjacent to the Pan Abode, but that unit would have to be accommodated within the same Floor Area that would be allowed for the single family houses that currently exist. Including the full 12,000 squaze foot azea in the landmark designation gives the owner the incentive they need to volunteer designation, locks in 612 W. Francis in its current size, allows HPC full design review over the pazcels in perpetuity, and, if full build out is pursued in the future, creates the opportunity to have 3 smaller scaled homes instead of 2 lazger ones. 2 Table 1: Existin develo ment rights for each property; 600 and 612 W. Francis Street Lot Size 6,000 square feet Allowable Density per Lot 1 single family unit Allowable Floor Area per Lot 3,240 square feet Table 2: Development Rights with Landmark Designation of 600 W. Francis and 612 W. Francis, plus subdivision (the proposal before P&Z): 600 W. Francis (Pan Abode) 612 W. Francis Lot size 9,000 square feet 3,000 square feet Allowable density 2 single family units 1 single family unit Allowable Floor Area per Lot 4,080, plus potential 500 sq. ft. FAR bonus 2,400 square feet LANDMARK DESIGNATION: 26.415.030B. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. 1. The property was constructed at least forty (30) years prior to the year in which the application for designation is being made and the property possesses sufficient integrity of location, setting, design, materials, workmanship, and association and is related to one or more of the following: a. An event, pattern, or trend that has made a significant contribution to local, state, regional or national history, b. People whose specific contributions to local, state, regional or national history is deemed important and can be identified and documented, c. A physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. Staff Response: The application describes the house at 600 W. Francis as a Pan Abode that was owned for approximately 40 years by the Jones family; Whipple Van Ness Jones having been the creator of Aspen Highlands Ski Area. It has been used throughout it's history (even now) as a rental for tourists and "ski bums." This is typical of the Pan Abode building type as it was quick to build, affordable, and appropriate to the scale of the community when small vacation homes and worker housing began to be needed. Pan Abodes appear to have been quite common in Aspen from the 1950's to early 1970's an are an important illustration of how the community first handled some of the housing and lodging pressures that aze still challenging today. Staff finds that criteria A is met. In addition, we find that criteria C is met because the house is a physically a classic example of the Rustic Style. Within the historic context paper that has been developed for Aspen's Rustic architecture, there aze specific physical features that a property must possess in order for it to reflect significance. Typical chazacteristics of the Rustic Style aze "log construction, stone foundation, small paned windows, overhanging roof, stone chimney, and battered walls." To be eligible for historic designation, Aspen's examples of Rustic Style architecture should have the following distinctive characteristics: • Hand built structures that aze constructed out of locally available materials, usually log; stone may be incorporated at the base, or in the form of a fireplace and chimney. Later examples include machine cut logs. • The buildings aze usually single story, with aloes-pitched gable roof. • True log construction with overlapping log ends, coped and stacked. Logs may be dressed and flattened for stacking or may be in rough form. Chinking infills the irregulazities between the logs either way. Machine made buildings mimic these details, though without the chinking. • Window openings are spaze and usually horizontally proportioned, wood trim is used to finish out the window openings. • Building plans are simple rectangulaz forms, with smaller additive elements. • The roof springs from the log wall, and gable ends are often infilled with standard framing. This may be a small triangle or a second level of living space. • The emphasis is on hand-made materials and the details stem from the use of the materials, otherwise the detail and decoration is minimal. 600 W. Francis Street has a central element that was built first, and two wings on each end, also of Pan Abode manufacture and built in 1957 and 1969. The Pan Abode material is unaltered, inside and outside, and original window forms are intact. A stone chimney is present. There has been a modification to the entry, and the building has been painted. Staff did not include this building on Ordinance #48 because of our initial misconception about the history of the bookend additions. The building is somewhat difficult to view because of heavy vegetation, however it is on a corner lot, allowing three sides of the structure to have some public visibility. The paint can easily be removed in the future, as has been done with several other Pan Abodes in town. In terms of the architectural integrity scoring that ispart of the landmark designation process, staff scores this house at 86 out of 100 points, which exceeds the required threshold. We support landmark designation and the reconfiguration ofthe lot to its original condition, with the Pan Abode on 9,000 square feet and the new house on 3,000 squaze feet. The designation will apply to the entire site, so HPC will have purview over all of the development, new and old. RECOMMENDATION: In reviewing the proposal, Staff believes that the project is consistent with the goals of the AACP as well as the applicable review standards in the City Land Use Code. Staff recommends approval of the project. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to adopt Ordinance No?p, Series of 2008, Subdivision and Historic Designation of 600/612 W. Francis Street, on First Reading." 4 ATTACHMENTS: Exhibit A- Subdivision Review Criteria and Staff Findings Exhibit B- Integrity Scoring form Exhibit C- Aspen's 20`~ Century Architecture: Rustic Style Exhibit D -Application Exhibit A SUBDIVISION REVIEW Section 26.480.050 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. A. General Requirements. 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Findin¢ The AACP supports the designation of resources that aze associated with Aspen's 20`h century history. Staff finds this criterion to be met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Findine The Subdivision returns the property to the configuration it was in for many yeazs. The proposed lot sizes aze consistent with the historic chazacter of the West End. Staff finds this criterion to be met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding The proposed Subdivision will result in more public input (through public hearings and HPC review) on any future development of this site. Staff finds this criterion to be met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Findin¢ The proposed Subdivision meets the applicable review standazds. Staff finds this criterion to be met. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. Staff Finding The subject lot is a standard West End site, with no unusual natural hazazds present. Staff finds this criterion to be met. 6 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Findine The layout of the Subdivision is entirely consistent with the surrounding neighborhood. Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: Staff Finding No development is proposed at this time. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Findin¢ No demolition is proposed and no multi-family units exist on the site, therefore the Replacement Housing program is not applicable. If any future development is proposed, affordable housing must be provided per the standards of the Land Use Code. Staff finds this criterion to be met. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding No development is proposed at this time. Future development will have to provide School Land Dedication fees as applicable. Staff finds this criterion to be met. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, § 2) Staff Findin¢ No development is proposed at this time. Future development will have to receive Growth Management Allocations or Exemptions as applicable. Staff finds this criterion to be met. 7 INTEGRITY ASSESSMENT- RUSTIC, 600 W. Francis Street Integrity is the ability of a property to convey its significance. • LOCATION LOCAT/ON /S THE PLACE WHERE THE H/STOR/C PROPERTY WAS CONSTRUCTED OR THE PLACE WHERE THE HISTORIC EVENT OCCURRED. 5 -The structure is in its original location. 3 -The structure has been moved within the original site but still maintains the original alignment and proximity to the street. 0 -The structure has been moved to a location that is dissimilaz to its original site. TOTAL POINTS (mnxtmum of 5) STAFF SCORE: 5 DESIGN Design is the combination of elements that create the form, plan, space, structure, and style of a property. BUILDING FORM 10 -The original plan form, based on authenticating documentation, is still intact. 6 -The plan form has been altered, but the addition would meet the design guidelines. 0 -Alterations and/or additions to the building are such that the original form of the structure is obscured. STAFF SCORE: 8. There aze two early, intact additions to the building, by the original manufacturer. Staff finds that these occurred during the "period of significance" for this type of rustic azchitecture. There appears to be a new entry room added, therefore some points have been deducted. ROOF FORM 10 -The original roof form is unaltered. 6 -Additions have been made that alter roof form that would meet the current design guidelines. 0 -Alterations to the roof have been made that obscure its original form. STAFF SCORE: 8. There are two eazly, intact additions to the building, by the original manufacturer. Staff finds that these occurred during the "period of significance" for this type of rustic azchitecture. The entry addition does de-emphasize the long horizontal emphasis of the roof line somewhat, therefore some points were deducted. The entry is however easily reversible. SCALE 5 -The original scale and proportions of the building aze intact. 3 -The building has been expanded but the scale of the original portion is intact and the addition would meet the design guidelines. 0 -The scale of the building has been negatively affected by additions or alterations. STAFF SCORE: 5. DOORS AND WINDOWS 10-The original door and window pattern are intact. 8- Some of the doors and windows aze new but the original openings aze intact. 4- More than 50% of the doors or windows have been added and/or the original opening sizes have been altered. 0- Most of the original door and window openings have been altered. STAFF SCORE: 8. The only apparent alteration is at the front door. CHARACTER-DEFINING FEATURES/SPARE QUALITY OF THE DESIGN 0-The form and features that define the Rustic style are intact. There is an overall sense of simplicity. Window and door openings and decorative features are spaze. 5- There are minor alterations to the form and features that define the Rustic style. 0- There have been major alterations to the form and features that define the Rustic style. STAFF SCORE: 10. The simple nature of the Pan Abode style is intact. TOTAL POINTS (rvtnxtrvturvt of 45) = 39 • SETTING Setting is the physical environment of a historic property. 5- The physical surroundings aze similaz to that found when the structure was originally constructed. 3-There aze minor modifications to the physical sunroundings. 0- The physical surroundings detract from the historic chazacter of the building. STAFF SCORE: 5. There is heavy, mature vegetation on the site, some of which was probably installed around the time the house was built. An irrigation ditch runs along the 6`h Street side. TOTAL POINTS (ntnxrmtuM oe 5) = 5 9 • MATERIALS Materials are the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property. EXTERIOR SURFACES 15-The original exterior wall materials (log, wood siding, and stone) and the decorative trim materials aze intact 10- There have been minor changes to the original combination of exterior wall materials and the decorative trim materials, but the changes have been made in a manner that conforms with the design guidelines. 5- There have been major changes to the original combination of exterior wall materials and the decorative trim materials. 0- All exterior materials have been removed or replaced. STAFF SCORE: 15. There aze no apparent alterations. DOORS AND WINDOWS 10-All or most of the original doors and windows units aze intact. 5- Some of the original door and window units have been replaced but the new units would meet the design guidelines. 0- Most of the original door and window units have been replaced with units that would not meet design guidelines. STAFF SCORE: 5. The front door, and possibly some window units have been replaced, but opening sizes appeaz to be original. TOTAL POINTS (mnxtrvtumt of 25) = 20 • WORKMANSHIP Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. DETAILING AND ORNAMENTATION/HAND-BUILT CHARACTER OR IMITATION OF HAND-BUILT CHARACTER 15-The original detailing is intact. The building is built from locally available materials and exhibits evidence of handwork, or is attempting to do so if mass produced. 10-There have been some alterations of loss of the original detailing or handwork chazacter. 5- Detailing is discernible such that it contributes to an understanding of its stylistic category. 0- New detailing has been added that confuses the chazacter of the original structure. 0- The detailing is gone. STAFF SCORE: 15. There are no appazent alterations. 10 FINISHES & COLOR SCHEME 5- The natural finishes and color scheme that define the Rustic style are intact 3- There have been minor alterations to the natural finishes and color scheme that define the Rustic style. 2- There have been substantial alterations to the natural finishes and color scheme that define the Rustic style. STAFF SCORE: 2. The building has been painted, which is reversible. TOTAL POINTS (mtnxtrvtun~ of 20)=17 MAXIMUM NUMBER OF POINTS=100 MINIMUM THRESHOLD FOR DESIGNATION= 75 POINTS TOTAL STAFF SCORE: 86 Note: Each area of the integrity analysis includes a description of the circumstances that might be found and a point assignment. However the reviewer may choose another number within the point range to more accurately reflect the specific property. 11 ORDINANCE #~~ (Series of 2008) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING SUBDIVISION AND HISTORIC DESIGNATION FOR 600 W. FRANCIS STREET, LOTS R AND S, BLOCK 21, DOREMUS/SILVERMAN LOT SPLIT, CITY AND TOWNSITE OF ASPEN AND 612 W. FRANCIS STREET, LOTS P AND Q, BLOCK 21, DOREMUS/SILVERMAN LOT SPLIT, CITY AND TOWNSITE OF ASPEN WHEREAS, the applicant, Jack and Mazisa Silverman, owners, represented by Haas Land Planning LLC, requested Subdivision and Historic Designation for the property located at 600 W. Francis Street, Lots R and S, Block 21, Doremus/Silverman Lot Split, City and Townsite of Aspen and 612 W. Francis Street, Lots. P and Q, Block 21, Doremus/Silverman Lot Split, City and Townsite of Aspen.; and WHEREAS, Section 26.480 of the Aspen Municipal Code establishes the process for Subdivision and states that an application must first be reviewed by the Planning and Zoning Commission, who makes a recommendation to City Council as to whether the application meets the review criteria; and WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if City Council, after a recommendation from HPC, determines sufficient evidence exists that the property meets the criteria; and WHEREAS, Amy Guthrie, in her staff report to City Council dated July 28, 2008, performed an analysis of the application based on the standards, found that the review standazds had been met, and recommended approval; and WHEREAS, at their regulaz meeting on June 25, 2008, the Historic Preservation Commission considered the application for Historic Designation and found the application was consistent with the review standards and recommended approval by a vote of 6 to 0; and WHEREAS, at their regular meeting on July 15, 2008, the Planning and Zoning Commission considered the application for Subdivision, found that the development proposal meets or exceeds all applicable development standards and made a recommendation to Council that the land use request is consistent with the goals and objectives of the Aspen Area Community Plan, by a vote of 3-2; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section I: Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, Aspen City Council hereby recommends approval of the subdivision request to relocate a lot line between two abutting properties, located at 600 W. Francis Street, Lots Rand S, Block 21, Doremus/Silverman Lot Split, City and Townsite of Aspen and 612 W. Francis Street, Lots P and Q, Block 21, Doremus/Silverman Lot Split, City and Townsite of Aspen. The result is that 600 W. Francis will be a 9,000 squaze foot lot and 612 W. Francis will be a 3,000 square foot lot. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval if City Council provides final approval of the subdivision request. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. Section 4: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay afee-in-lieu of land dedication prior to issuance of any building permit that triggers this fee. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 5: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, if any Pazk Development Impact Fee is applicable, the fee shall be assessed at the time of building permit application submittal and paid at building permit issuance. Section 6: Historic Designation Council hereby approves Historic Designation for 600 W. Francis Street, Lots R and S, Block 21, Doremus/Silvennan Lot Split, City and Townsite of Aspen and 612 W. Francis Street, Lots P and Q, Block 21, Doremus/Silverman Lot Split, City and Townsite of Aspen. Section 7: 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 8: Existing Lineation. 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 9• 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 28th day of July, 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 ASPEN'S 20TH CENTURY ARCHITECTURE: RUSTIC STYLE BUILDINGS The Rustic Style of azchitecture was symbolic of eazly 20`s century attitudes that embraced not only the mythology of the "hardy outdoor life of American pioneers"~ in the western United States, but also, to an extent, the lazger dream of Manifest Destiny. There was embedded within the style a desire to live up to the spirit of adventure and rugged determinism of those who had ventured West. Though heavily steeped in western legend, the Rustic Style's roots actually lay in the simple pioneer cabin, and in the vacation homes of the Adirondack Mountains which were built in the late 1800's. As early as 1916, however, with the founding of the National Pazk Service, the style became a cornerstone of the NPS's belief that "buildings should blend in with their natural surroundings" 2 and that "natural settings could influence architecture." 3 The majority of entryways, information centers, and guest lodges that were built in the Pazks throughout the country in the first decades of the 20th century were log and stone buildings constructed in what came to be known as the "National Pazks Service Rustic" style. "The high point in the development of this `rustic' design ethic occurred in the late twenties and spread throughout the nation during the work-relief programs of the Depression."4 Hand-in-hand with the growth of the National Parks Service was the development of resort azeas throughout the Rocky Mountain States, and Rustic Style buildings, which ranged in size from small cabins to substantial lodges, were constructed in Colorado starting in 1905.5 Early examples of the buildings can be found in burgeoning tourism and vacation spots such as Grand Lake, Thomasville, Woodland and Estes Pazks. Rustic style "represented an eazly 20`s century movement in American architecture It was picturesque, romantic architecture that recalled the American past.,>6 \. In Aspen, Colorado, Rustic Style cabins used as lodges and residences, began to be built in the 1930's, though the tourism industry was still in its infancy. The Waterman Cabins, built in 1937, and once located at the corner of 7`s and Hallam Streets, have since been demolished, but were one of Aspen's first group of small tourist cottages. The Swiss Chalets (now L'Auberge, and suffering from the ~ Cazley, Rachel, "Cabin Fever: Rustic Style Comes Home" z Rocky Mountain National Park, Home Page, Historic Buildings ' Kaiser, Harvey H., Landmarks in the Landscaae, 17 "Harrison, Laura Soulliere, Architecture in the Parks, National Historic Landmark Theme Study, 1 ' Colorado Historical Society Home Page a Throop, E. Gail, "Rustic Architecture: Period Design in the Columbia River Gorge" Grand Lake Lodge, built in /925 Sumers Lodge, a vacation home in Glenwood Springs, built in 1935 "chalet" misnomer- as they aze, indeed, in the rustic style) are located at 435 W. Main Street, and were built during roughly the same period. Prescient, and perhaps with a nod to the automobile's growing influence in American society, a motor court configuration at the Chalets allowed guests to drive right up to the individual units. Single family residences in Aspen employed the Rustic Style as well. _,,.,r 300 W. Main Stree[, residence built in 1944. WPA Bel! tower, built in the 1930's and shown here alter Swiss Chalets, 435 W. Main Street, built circa /9io'.c Also in the 1930's, a WPA sponsored structure that was used as a bell tower was constructed at the present location of the town fire station on East Hopkins Avenue. It fell under the supervision of the National Pazk Service, who managed the WPA program and the design of all its projects. The Pazk Service's architectural philosophy was summarized at the time in a volume entitled "Park and Recreation Structures,"which stated that, "Successfully handled, (rustic) is a style which, through the use of native materials in proper scale, and through the avoidance of rigid, straight lines, and oversophistication, gives the feeling of having been executed by pioneer craftsmen with limited hand tools. It thus achieves sympathy with natural surroundings and with the past."~ its relocation to Paepcke After the Second World Waz, looking to the past- and in Parkin 1954. !r was particular, the American past- was the result of a nation turning reconstructed in 1990. lriwaidS, and away from foreign battlefields. The romance and heightened idealization of the West, and the appeal of the rugged individualist's lifestyle, was evidenced by the popularity of television shows like "The Lone Ranger" and "Davy Crockett", and further, by the proliferation of Western movies (many of which were produced as a result of the McCarthy Era effect on post-war Hollywood productions). The American public acculturized the West's ideals, and the Rustic Style even found its way into children's toys like "Lincoln Logs." ' Harrison, 8 2 The American landscape was transformed in the 1940's. The unpazalleled growth and prosperity of the United States (spurred on in part by the GI Bill), and the "baby boom" that began- and didn't slow down- until the late I960's, brought with it success, comfort, and a blossoming middle class. Americans were enjoying greater financial freedom, along with increased leisure time, and they were looking for adventure. They looked West. Falling gasoline prices, the construction of cross-country highway systems, and a young, flourishing automotive industry (by-products of the post-war economic climate), "gave greater numbers of people the means to travel, and previously inaccessible places were more easily reached."s Vacationing and tourism became the hallmark of the American lifestyle, and the West held a particular interest for a people with newfound freedom, and the desire for adventure. "To Americans the West is their refuge, the home of the `last best place."9 Vacation homes, hunting lodges, dude ranches, and tourist-related facilities began to increase in number after the War, many built in the Rustic Style, which was perfect for the "frontier spirit"10 of the new American tourist. Aspen was the ideal destination for the "new American tourist." Purple mountains majesty aside, it had a growing reputation as a ski town- a sport that was gaining increasing popularity. And as people ventured out west to vacation in the late 1940's and eazly 1950's, they were looking for what so many had sought before them: the spirit of adventure, romance, and ruggedness. Yet what Aspen offered, even then, was so much more. It became an "azchetype for the beginning of tourism in the post-World War II American West."~~ The effort to create a cultural and artistic haven, and yeaz-round resort town that offered "good opportunities for combining work, play, and culture,"12 only added to the town's uniqueness, as a "post-war consumer culture and the nation-wide growth of tourism, combined with the beginning of the ski industry, meant that people no longer had to belong to an elite club or live in a mountain town in order to ski."13 Rustic Style buildings continued to be constructed in town during this period, including Deep Powder Lodge (circa late 1940's/eazly 1950's), at 410 S. Aspen Street, and The Hickory House (initially christened The Silver Chicken) at 735 W. Main Street, which was built in 1950. At the time, it was one of the few restaurants operating in town, and the original sign, located on the west side of the building, reads "restaurant," and is lettered to look like logs, harmonizing the theme of the structure down to the last rustic detail. Deep Powder Lodge, 410 S. Aspen S[reet, built circa lnte 1940'c/enrhi /950'.c a Rothman, Hal K., Devil's Bazeains -Tourism in the Twentieth-Century American West. 202 9 Rothman, 14 10 Carley ~ ~ Rothman, 207 i2 Rothman , 213 "Gilbert, Anne M., Re-Creation through Recreation: Asaen Skiing from 1870 to 1970, 46 3 There was no shortage of young male labor during the period these buildings were constructed, and the materials were readily available locally. Small cabins could be erected during a summer, readying them for the new American tourist seeking the "Western adventure." Between 1940 and 1959, the number of full-time residents in Aspen increased by 1000, and "by 1959 at least 200 part-time residents joined the yeaz-round crowd."14 As Aspen's amenities began to attract a larger, more influential and wealthy group of second homeowners (including some of Hollywood's brightest stazs), the city began to transform itself into a premiere, yeaz round resort, and many people "chose to move to or build vacation homes in Aspen."ts For some, a second home built in the Rustic Style was a natural choice, and things were moving fast: "A gala opening of the lifts and reopening of the Jerome was held in Januazy, 1947, and people poured in from all over the country. A boom was on, and every tax title was gone at the court house. If you wanted a lot or a house in Aspen, you could no longer step around to the county commissioners and make an offer of a hundred dollazs or so on some abandoned property. You went to a swarilc new real estate office and paid through the teeth, several thousand dollazs. Aspen had been bought up in a twinkling, and by a strange assortment of people- artists, writers, and movie actors who wanted to get away from city life, wealthy sportsmen who wanted a fishing and hunting lodge, mid-westerners who wanted a summer mountain cottage, eastern couples who wanted to try their hand at ranching, and ski cranks who wanted to start a business, any sort of business, to be close to Aspen's slopes.s16 In part, as demand and mechanization quickly began to replace the handmade in many aspects of American life, log cabin kits that could be ordered by catalog, delivered by train or truck, and then assembled on site gained in popularity. The kits were another version of mail order houses that were popular during the depression era, largely due to their affordability. Following the lead of Sears, Roebuck, & Co. and Montgomery Ward (who sold hundreds of thousands of homes during the Depression), other companies began selling different styles of kit houses, including Pan Abode (established in 1952), a 2/I Wesr Hopkins Srreer,a Pan abode built in manufacturer that specialized in log cabins. After rvth 1950, Rustic Style buildings in Aspen were more commonly machine-made kit log structures than hand-built, but they still reflected the same American West iconography. Materials in these later buildings simulated log construction and referenced the particular visual details of the original log structures. Examples of kit log structures built as second homes during this period are found at 211 W. Hopkins and 765 Meadows. The kits were also used for quick-to- build housing to fill the growing needs of the ski resort workforce, many of whom could not '" Rothman, 223 15 Gilbert, 72 16 Bancroft, Carolyn, Famous Asoen 4 qualify for traditional mortgages, due to the part time nature of their jobs, and therefore relied on affordable construction methods. Eligibility Considerations There are specific physical features that a property must possess in order for it to reflect the significance of the historic context. Typical characteristics of the Rustic Style are "log construction, stone foundation, small paned windows, overhanging roof, stone chimney, and battered walls."~~ To be eligible for historic designation, Aspen's examples of Rustic Style architecture should have the following distinctive chazacteristics: • Hand built structures that aze constructed out of locally available materials, usually log; stone may be incorporated at the base, or in the form of a fireplace and chimney. Later examples include machine cut logs. • The buildings are usually single story, with aloes-pitched gable roof. • True log construction with overlapping log ends, coped and stacked. Logs may be dressed and flattened for stacking or may be in rough form. Chinking infills the irregularities between the logs either way. Machine made buildings mimic these details, though without the chinking. • Window openings aze spare and usually horizontally proportioned, wood trim is used to finish out the window openings. • Building plans aze simple rectangulaz forms, with smaller additive elements. • The roof springs from the log wall, and gable ends are often infilled with standazd framing. This may be a small triangle or a second level of living space. • The emphasis is on hand-made materials and the details stem from the use of the materials, otherwise the detail and decoration is minimal. Though Pan Abode structures are still being manufactured today, which poses a greater challenge in determining the end date for the Rustic Style period, changes in the type of accommodations and facilities that were desired for both tourists and homeowners began to evidence themselves in Aspen in the eazly 1970's. As land became more valuable, the era of the small vacation cabin came to an end, and custom-built homes were faz more common, as were condominiums. Aspen's 1973 Growth Management plan, a reaction to the magnitude of change and development that the town was experiencing, recognized the need to preserve the quality of life that many felt Aspen was losing due to its populazity. Second homes began displacing permanent residents, and in fact, the City passed a controversial ordinance in order to stem the loss of resident-occupied housing. Concurrently, modest lodges were being replaced with higher-end accomodations. These trends were noted again in 1986, when, according to the 1993 Aspen Area Community Plans, it was found that the number of second homes had significantly increased, and that the size of these second homes was particularly large compazed to traditional residences in the city. The shifts in Aspen's development pattern suggest that it would be "Colorado Historical Society Home Page, Guide to Colorado Architecture 18 Aspen Area Community Plan, 1993 5 appropriate to establish the end of the period of historic significance, which is a term used to define the time span during which the style gained azchitectural, historical, or geographical importance, for simple, small scale, Rustic Style buildings as roughly 1970. With regazd to Pan Abode structures, of which there is a relatively large collection remaining in town, a finding of historic significance must go beyond the basic chazacteristics of the building as an example of a kit house, and demonstrate a connection between a specific structure and the local story of vacation home construction and ski industry related housing, lodging, or facilities. 6 The Castle Creek Cabins/Waterman Cabins, once located at Th and Hallam Streets Deep Powder Lodge Sunset Cabins, once located near 7'h and Main Streets Bibliography Aspen Area Community Plan, 1993, Aspen, Colorado Bancroft, Carolyn, Famous Aspen. Cazley, Rachel, "Cabin Fever: Rustic Style comes Home" September 1998, www.uniquerustigue.com/historv Colorado Historical Society Home Page, Guide to Colorado Architecture, www.coloraohistorv- oahp.or uides Directory of Colorado State Register Properties, www.coloradohistorv-oahp.org/publications Gilbert, Anne M. Re-Creation through Recreation: Ashen Skiing from 1870 to 1970, 1995. Aspen Historical Society, Aspen, Colorado Hazrison, Laura Soulliere, Architecture in the Parks: A National Historic Landmazk Theme Study, National Pazk Service, Department of the Interior, November 1986 http://www.cr nps.QOV/historv/online books/hazrison Kaiser, Harvey H., Landmarks in the Landscape, California: Chronicle Books, 1997. Rocky Mountain National Park, Home Page, Historic Buildings http://www.nps.eov/romo/resources/history/historic.html Rothman, Hal K., Devil's Baz~ains -Tourism in the Twentieth-Century American West, Kansas: University of Kansas Press, 1998. Throop, E. Gail, "Rustic Architecture: Period Design in the Columbia River Gorge", 1995. CRM Volume 18, Number 5, http://crm.cr.nps.aov/archive/18-5/18-5-4.pdf. ~~~~ ~ HAAS LAND PLANNING, LLC Apri13, 2008 Ms. Amy Guthrie Aspen Historic Preservation Planner 130 South Galena Street Aspen, CO 81611 RE: Historic Landmark Designation and Subdivision Application for 600/612 W. Francis (Lots 1 and 2 of the Doremus/Silverman Lot Split, City and Townsite of Aspen). Dear Amy: Please consider this letter and the attached draft plat to constitute a formal request for historic landmark designation and re-subdivision of the 600/612 W. Francis properties. 612 W. Francis is legally described as Lots P and Q Block 21, of the Doremus/Silverman Lot Split (Parcel Identification Numbers 2735-124-09-007). 600 W. Francis is legally described as Lots R and S, Block 21, of the Doremus/Silverman Lot Split (PID #2735-124-09-009). They are in the Medium- Density Residential (R-6) zone district, and are located on the north side of West Francis Street between North Fifth and Sixth Streets. A vicinity map showing the approximate location of the subject property is provided below. MghV[St ei ~ q G m..nnb w.. 35 Mq S S0 4 Pr E_ p ~...: wGro~ a~ `E S W~•mA i ( 5 D d ~ a W.,,y~,~y n~ ~ s ,. ~''~, j.~ 8 y = 'F g W~Mr4 ~ "'wYS.n•n sr % : .w e"»» •w W q WMb& M C' A ~,, ,f4.• ~$.~ fl • '1 9 L.. '^g rceyyy~ ;.. nr d f1 S WY~r £ ~rM ti<. Mow. eem/YC.eou rz.~m 600/672 W. Francis St. Vicinity Map • 201 N. MILL STREET, SUITE 108 ASPEN, COLORADO 8161 1 • PHONE: (970) 925-7819 FAX: (970) 925-7395 Lots P and Q (612 West Francis Street) are improved with a 2 to 2'/z story, bluish-gray, stucco house. The house is rectangular in shape (19.75' wide x 74.75' long), has vaulted spaces, and the first floor (on the West Francis frontage) is sunken below natural grade, at "garden level." Along the alley, the house is two stories tall with a two car garage at ground level. The Pan Abode house on Lots R and S (600 West Francis Street) is oriented in anortheast-southwest direction, facing the corner of West Francis and North Fifth Streets. The house has a footprint of roughly 2,085 square feet in a predominantly rectilinear form, plus an approximately 60 square foot shed attached to its West Francis Street frontage. While the house does not have a garage, an approximately 9 foot wide concrete driveway enters the property diagonally from North Fifth Street, as does a similarly oriented walkway to the front porch. What amounts to the side and rear yards of the house, based on its orientation, are fenced in and there is a wood deck extending from the central portion of the rear of the house. The subject properties are located in the West End neighborhood, which contains a highly eclectic mix of architectural styles, house sizes, and building orientations. The subject block alone contains a multitude of architectural styles ranging from pan abodes to typical 1970's suburban houses, and from mountain chalets to contemporary designs. The block contains very new homes, homes of average age, and fairly old homes. The structures on the block range in height from 1 story to 2'/z stories. Almost all of the houses on both sides of the block take vehicular access from West Francis Street (not the alley), with head-in parking along the north side of the street and parallel parking along the south side. Both sides of West Francis Street contain a mature mix of large coniferous and deciduous trees. The houses on the corner lots tend to orient toward the cross streets (4~h and 5~h Streets) This application is submitted by Jack and Marisa Silverman (hereinafter jointly referred to as "the applicant"), the owners of both properties, pursuant to Sections 26.415.030, 26.470.060, and 26.480 of the City of Aspen Land Use Code (hereinafter referred to as "the Code'). The required Land Use Application and Dimensional Requirements forms, as well as a copy of the Pre-Application Conference Summary completed by Amy Guthrie (Aspen Historic Preservation Planner), are attached hereto as Exhibit 1. Proof of the applicant's ownership is provided in Exhibit 2, and authorization for Haas Land Planning, LLC, to represent the owners is provided in Exhibit 3. Ordinance No. 49, Series 2000, is attached as Exhibit 4. An Improvement Survey Map showing the existing condition of the property is provided as Exhibit 5, and a draft Subdivision Plat is attached hereto as Exhibit 6. Finally, an executed City of Aspen Fee Agreement and a list of mailing addresses of record for all owners of property within a Silverman Historic Application Page 2 three-hundred foot radius of the subject properties are provided as Exhibits 7 and 8, respectively. While the applicant has attempted to address all relevant provisions of the Code, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require additional information and/or clarification. Upon request, Haas Land Planning, LLC, will provide such additional information as may be required in the course of the review. The Proposal 612 W. Francis Street originally consisted only of Lot P, a 3,000 square foot lot, while Lots Q R, and S were one 9,000 square foot lot (600 W. Francis St.). In October of 2000, the Aspen City Council granted approval for a subdivision exemption for a lot split on the properties which dissolved the lot line between Lot P and Lots Q R, and S, and replaced it with a lot line between Lots P-Q and Lots R-S, resulting in rivo (2) 6,000 square foot lots. This became known as the Doremus/Silverman lot split (see Ordinance No. 49, Series 2000 attached to this application). Now both lots are owned by Jack and Marisa Silverman who desire to return the properties to their pre-2000 configuration. However, if the Doremus/Silverman Lot Split was simply vacated, Lot P would become a non- conforming lot unless designated historic. The applicant is therefore requesting that the lot lines between Lots P-Q and Lots R-S be eliminated, creating one 12,000 square foot parcel. Simultaneously, the applicant proposes that the entire 12,000 square foot parcel be designated a historic landmark. Once the parcel is considered a historic landmark, the property can then be subdivided back to its pre-2000 configuration of one 3,000 square foot lot (612 W. Francis, Lot P), and one 9,000 square foot lot (600 W. Francis, Lots Q R, and S). This would conform to the R-6 Dimensional requirements since the minimum lot size for a historic landmark parcel is 3,000 square feet. No actual development or alterations to existing structures are proposed as part of this application. The applicant merely seeks to designate the property as historic, and return it to its original configuration via subdivision. While the applicant currently has no plans to do so, it is understood that once the property is returned to its original configuration, the right to build a separate, detached home on the 9,000 square foot parcel would exist. This home would share a total of 4,080 square feet of allowable floor area with the existing Pan Abode. Silverman Historic Application Page 3 Review Requirements Based on the elements of the proposal outlined in the foregoing, this application has been prepared (in the order addressed below) pursuant to the following Sections of the Land Use Code: 1) Section 26.415.030, Designation of Historic Properties; 2) Section 26.480.050, Subdivision Review Standards. Sec. 26.415.030. Designation of historic properties. The designation of properties to the Aspen Inventory of Historic Landmark Site and Structures (the Inventory) is intended to provide a systematic public process to determine what buildings, areas and features of the historic built environment are of value to the community. The Inventory was established by City Council to formally recognize those districts, buildings, structures, sites and objects located in the City that have special significance to the United States, Colorado or Aspen history, architecture, archaeology, engineering or culture. Section 26.415.030.0 of the Code, states that property owners may file an application for designation of a property to the Inventory. Under Section 26.415.035(A) of the Code, the Community Development Director is charged with reviewing the subject property and making a preliminary determination as to whether it should be considered for inclusion on the Inventory. This decision is based on the criteria of Section 26.415.30.B.2 as follows: 1. The property or district is deemed significant as a representation of Aspen's 20t" century history, was constructed in whole or in part more than thirty (30) years prior to the year in zohich application far designation is being made, possesses sufficient integrity of location, setting, design, materials, zoorkmanship, and association and is related to one or more of the following: a. An event, pattern, or trend that has made a significant contribution to local, state, regional or national history; or b. People ?Whose specific contributions to local, state, regional or national history is deemed important and can be identified and documented; or, c. A physirnl design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. The "Pan Abode' on Lots R and S was built in 1956 and represents the rustic style of architecture that was symbolic of the early and mid-20'h century. According to an article entitled °Asperi s 20'h Century Architecture' as found on Silverman Historic Application Page 4 the City of Aspen Historic Preservation s website, rustic style buildings started being built in Aspen in the 1930's. The rustic style was thought to give the feeling of having been built by the pioneers and blend well with the natural surroundings. The typical characteristics of the rustic style include log construction, stone foundations, small paned windows, overhanging roofs, stone chimneys, and battered walls. After World War II, the heightened idealization of the West as a place of adventure and freedom brought more and more people to the region for vacation. Many vacation homes, hunting lodges, and tourist-related facilities in the rustic style started to increase in number in the Aspen area. The article goes on to state that in the 1950's, mechanization began to replace the handmade in many aspects of American life, including home building. At that time, Pan Abode, a manufacturer specializing in log cabins, started selling kit homes that simulated log construction and referenced the details of original log structures. These quick-to-build homes began to fill the growing needs of the ski resort workforce. In order to be eligible for historic designation in Aspen, a rustic style home should be single story, log construction, with aloes-pitched gable roof, small window openings and minimal detail or decoration. The building plans are simple rectangular forms, with smaller additive elements. The roof will customarily spring from the log wall, and gable ends are often in-filled with standard framing. Further, in order to be considered historically significant, a Pan Abode home should go beyond the basic characteristics of an example of a kit house, and should demonstrate a connection beriveen the structure and the local story of vacation home construction and ski industry related housing, lodging or facilities. This particular pan abode was originally built fifty-two (52) years ago, in 1956. In the 1960s this home was owned by Mrs. Vivienne Jones, who was married to Whipple Van Ness "Whip" Jones, the founder, developer and original operator of the Aspen Highlands ski area. This home stayed in Mrs. Jones' family until 2001, when it was sold to the applicant. Throughout the 1980s, this home was rented out to "ski bums" during the ski season (according to Jeanne Doremus, daughter-in-law of Vivienne Jones). Since this pan abode home is more than fifty (50) years old, has been connected to ski industry related housing, and is a representative example of the rustic style architecture, the applicant respectfully requests that this entire property be granted historic landmark designation. Silverman Historic Application Page 5 B. Subdivision Approval The purpose of Section 26.480, Subdivision, of the Code includes ensuring "the proper distribution of development" and encouraging "the well-planned subdivision of land by establishing standards for the design of a subdivision." This purpose is forwarded by and achieved with the proposal made herein. The review standards applicable to subdivision applications are contained in Section 26.480.050 of the Code. The standards are provided below in italics, with each followed by a response demonstrating consistency and/or compliance therewith, as applicable. A. General Requirements 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. The proposed subdivision is consistent with the AACP. The applicant seeks to landmark the entire 12,000 square foot property and simultaneously subdivide the property back to its original configuration. The AACP seeks to preserve historically significant buildings and the contribution they make to the character of the town. 2. The proposed subdivision shall be consistent zt~ith the character of existing land uses in the area. The proposed subdivision is located in a neighborhood of single-family and duplex residences, and is consistent with the character of the area. It will have no affect on existing character. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. The proposed subdivision will not adversely affect future development of surrounding areas. Nothing will change other than the location of a lot line and a guarantee that an historic pan abode will be preserved. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. As provided throughout this application, the proposed project is and will be in compliance with all applicable requirements of the Code. Silverman Historic Application Page 6 B. Suitability of land for subdivision 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflozu, rockslide, avalanche or snozvslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. The proposed subdivision is not located on land considered unsuitable for development. The site is already developed. The property contains existing development that is not and has not been subject to geologic or other hazards. The proposed project will not be harmful to the health, safety, or welfare of the future residents. 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. The proposed subdivision is already developed. The applicant is merely seeking to reconfigure the lot lines that existed prior to the Silverman/Doremus Lot Split, which occurred in October of 2000. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided far the proposed subdivision. These standards may be varied by special review (See Chapter 26.430) if the fallozning [omitted] conditions are met: The proposed subdivision has already complied with the improvements set forth in Chapter 26.580. The improvements that are applicable to this property were set forth in 2000 when the lot split was approved. Those conditions have since been satisfied. In the event that any variances from the engineering design standards become necessary in the future, special review approval would then be sought. The Applicant will enter into a Subdivision Improvements Agreement (SIA) with the City binding the subdivision to any conditions placed on the development order. This will be done concurrently with the preparation and recordation of the Final Subdivision Plat. The Final Subdivision Plat will be prepared by a Colorado licensed surveyor and will meet the requirements of the Land Use Code. All required elements of the SIA will be provided for review by the Community Development Director, the City Engineer, and the City Attorney. The SIA will replace the existing subdivision exemption agreement currently affecting the subject lots. Silverman Historic Application Page 7 D. Affordable housing. Chapter 26.520, Resident Multi-Family Replacement Program, is not applicable since no multi-family dwellings will be demolished. Similarly, Chapter 26.470, Growth Management Quota System, is not applicable since no new dwelling units are being proposed with this subdivision. Should the applicant ever decide to build an additional dwelling unit on the 9,000 square foot lot, such is allowed subject to administrative review in accordance with Section 26.470.060(1) of the Code. E. School land dedication. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. There are no plans for any additional residential units in the subdivision at this time. Should any ever be developed, the SIA will require payment of this fee, as applicable. F. Grazoth Management Approval This section of the subdivision regulations requires that a growth management allotment be granted or a growth management exemption be obtained for subdivision approval to be granted. This proposed "subdivision" is merely seeking to move the lot line over. There are currently two parcels, and there will be two parcels when the subdivision is granted. The property is already developed with one home on each lot. No new lots or homes are being proposed at this time; therefore, no GMQS implications result. It is hoped that the provided information and responses prove helpful in the review of this application. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC Mitc aas, AICP Owner/ Manager Silverman Historic Application Page 8 Attachments: Exhibit 1: Land Use Application and Dimensional Requirements Forms; Pre-Application Conference Summary Exhibit 2: Proof of Ownership Exhibit 3: Authorization for Haas Land Planning, LLC Exhibit 4: Ordinance No. 49, Series 2000 Exhibit 5: Improvement Survey Map (Existing Conditions) Exhibit 6: Draft/Proposed Subdivision Exemption Plat Exhibit 7: Executed City of Aspen Application Fee Agreement Exhibit 8: Mailing addresses of record for all property owners within a 300 foot radius of the subject properties Silverman Historic Application Page 9 APPLICANT: LAND USE APPLICATION EXHIBIT f Name: ~ (' LV Location: ~p Ia W ~ .S' C + (Indicate street address, lot block number, I al descn lion where a ropriate) Parce(ID # (REQUIRED) 'd 5-- - 3 KEPRESENTATIVE: Name: }- L L~ Address: ~~ ILLS SU I Phone #: ~ a. -' L' C U I • 11Q, PROJECT: Name: ~It,VCQ- ~ ~N~ 17GS( {}/ SuBD1VlS Address: 'CU~i ~. E ,S JC Phone #: TYPE OF APPLICATION: (please Check all [hat apply) ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ,~,/ IJV Subdivision ~ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake B1uH; condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Adjustment ^ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Qne fY)USE' nn t! OTS p~ ~~ ~.~VE t,$F ~nl ~.nT t IQ ~y S' PROPOSAL: (descrip[i P Have you attached the following? FEES DUE: $'~; 15 ~ [.~ Pre-Application Conference Summary Attachment #1, Signed Fee Ageement ,~ Response to Attachment #3, Dimensional Requirements Form ~vj Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than S.5" x l Y' must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. ATTACHMENT2 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: Area in the Municipal Code.) Commercial net leasable: Existing: N~/9 Proposed.• NSA Number of residential units: Existing: Z Proposed: Z Numberofbedrooms: Existing: Proposed: n/d~'FFAN(,F Proposed % of demolition (Historic properties only): ~ ~o DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On-Site parking: Site coverage: Open Space: Front Setback: (~ JE E Rear Setback: ~AA 1~°tP~V~h~"N`~ Combined F/R: SUjQ~~y Side Setback: Side Setback: Combined Sides: Existing: Allowable:Proposed: /ilU ('fFf}/~l~E' Existing: Allowable: ~S! Proposed: -~U Cli/<N(~ Existing: /~ f} Allowable: /1/ /Q Proposed: Existing: Required: Proposed:/l1~ ~~' Existing: Required: ~/ ~ Proposed: Existing.• Required: t/~Proposed: Existing: Required: Proposed: Existing: Required: Proposed: Existing: Required: Proposed: Existing: Required: Proposed: Existing: Required: Proposed: Existing: Required: Proposed: Existing non-conformities or encroachments: nl~ Noty tnnnl~t'M /TIE S S~~rAs'~±Ft) ~ E~~'~engC~yrtit/~ Variations requested: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the defmition of Lot ~' ~~ ENCROACHMENT LICENSE ALL ENCROACHMENTS FOR CONCRETE PAD ON LOT 0 3.2' x 27' REMOVED IK1. 4 REBAR ral.a w •lelzo rc• z~+'vrEnuKO Is• nr coR AL(~Y ° _ ~x N: •~ SCALE 0 5 10 IS y : JTdIY xvwe ~`I / ~~T P CST Q AREA - 3.000 ./- SOFT. ~ MEA - 3.000 ./- 30.FT. 4 3 ~~ PATIO ELEY•06.J' ~~ o.e• rAno goo °o t PuNTF~t ~`'• z• R.c. N0.4 RE6AR 'r0.Op• Yd w 16120 ENCROACHMENT LICENSE FOR STONE WALL 0.8'x30' of a •x•~roP •?o• RI u •PROr coR• ass e o as• FRdI coR OMYEL -ARKINe GRAVEL PARKING ALL ENCROACHMENTS ON LOT 0 j~~~ ~ ~ PA REMOVED ~/ ST ~ FRANCIS STD z, _ . a °e„- 5 .~ D I iTORY a00D Ip11EE (~,+ oEno~tsNFV) _ :~. . C pT R IE ~ IHI lI ~ II ~~ ~ ENCROACHMENT LICENSE WOOD FENCE I'z20' 6 ~ ~ °F'~ttvEc / ~ RED G1t 101]9 SCALE ~ ~ /aR.valr o s io Is zo ~pT S / CpT / R o? L pT ~'`~ p a e ENCROACHMENT ICENSE +' WOOD FENCE 6' IS' g / o,J :o _- ~ 5.'- 0 g , AREA - e.ooo •i- eo.cr. '~s _ ~C[~*~`/~ 1 STORY ~ C ~' ~~ ~ NWSE / ~ (} l ' ~ ~ (-^( / ' `` [~ O? `~ . ~ '~ % / i . /~ JJ. `ti ' j . ' , f`~l c / ~a : i / f / ~ '~4 ~ ~ ' ' '~ ~o. ~~ _/ a ~ IED ~ - ALUII 2576' s- s7soo/ _. f eO. ~. / O ENCROACHMENT LICENSE / WOOD FENCE 7'x26' cln IIO1xRellr _ ~~l "' `,s T CULYERT J l FRA NCjS S?~'~T CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie, 429-2758 PROJECT: 600/612 W. Francis REPRESENTATIVE: OWNER: Jack Silverman TYPE OF APPLICATION: Subdivision, Historic Landmark Designation DATE: 1/18/2008 DESCRIPTION: 600 W. Francis Street, once a 9,000 square foot parcel, was the subject of the Doremus/Silverman Lot Split in 2000, which resulted in the westernmost 3,000 square feet of 600 W. Francis being transferred to 612 W. Francis, at the time a legal non-conforming 3,000 square foot lot. One family now owns both sites and would like to return the properties to their pre-2000 configuration. The Doremus/Silverman Lot Split cannot simply be vacated because doing so would make 612 W. Francis non- conforming again. The Doremus/Silverman Lot Split can be undone through a new subdivision that meets zone district regulations. The application for subdivision should describe the following sequential actions; (1) eliminate any lot line between 600 and 612 W. Francis, so that the whole parcel will qualify for landmark designation (the landmark eligible building being the Pan Abode on the east portion of the parcel), (2) complete designation, (3) finalize a subdivision plat to make 600 W. Francis a 9,000 square foot lot and 612 W. Francis a 3,000 square foot lot. This will be allowable because the minimum lot size for historic landmark parcels is 3,000 square feet. The three actions can be scheduled simultaneously. 600 W. Francis and 612 W. Francis already contain single family homes. As a result of the proposed designation, 600 W. Francis would, under current regulations, be eligible to develop an additional detached free market dwelling unit in the future if desired, exempt from the Growth Management Quota System under Section 26.470.060.1. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.415.030 Designation of Historic Properties 26.470.60 Administrative Applications (Growth Management) 26.480 Subdivision Review by: Staff for complete application; HPC for recommendation on Historic Landmark Designation; P&Z for recommendation on Subdivision; City Council decision on Historic Landmark Designation and Subdivision. Public Hearing: Yes at all hearings before HPC, P&Z and City Council (except First Reading of Ordinance at Council.) Planning Fees: $2,940.00 Deposit for 12 hours of staff time (additional staff time required is billed at $245 per hour). Engineering: $212 Minor Review fee. Total Deposit: $3,152.00 To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number ofthe representative authorized to act on behalfofthe applicant. 3. Signed fee agreement. 4. Completed Land Use Application. 5. Completed dimensional requirements form. 6. Pre-application Conference Summary. 7. An 8 1 /2" x 11" vicinity map locating the subject parcels within the City of Aspen. 8. Proof of ownership. 9. Site Improvement Survey. 10. Proposed site plan. 11. Proposed floor plan. 12. Proposed elevation plan. 13. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 14. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 15 Copies of prior approvals. 16. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 20 Copies of the complete application packet for Landmark Designation. 20 Copies ofthe complete application packet for Subdivision. Process: Apply. Planner checks application for completeness. Application is then referred to applicable referral agencies. The Applicant is then assigned a public hearing date by Staff and Staffwrites a memo of recommendation. Planning and Zoning Commission reviews application and makes a recommendation [o City Council on requests. City Council makes final determination in the form of an ordinance. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject [o change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right JUN. 6.2000 9:28AM PITKIN COUNTY TITLE COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Da6e: May 9, 2000 at 8;30 AM 2. Polity or Policies to be issued: (a) ALTA Ownefs Policy-Form 1992 Proposedlnsured: (b) ALTA Loan Policy-Form 1992 Proposed Insured: i I Case No. PCl`11855PR Amounts 0.00 Premiums O.OI~ Rate: Amounts 0.0 Premium$ 0.~ Rate: RE-ISS E Tax Certificat~I: $10.00 3. Title to the FEE SIMPLE estate or Interest in the land descrited or n?ferred to in YSis Committrieht is at the effective date hereof vested in: JACK E. SILVERMAN 4. The land referred to in this Commitment is situated in the County of State of COLORADO and is described as folbws~ LOT P, BLOCK 21, CITY AND TOWNSITE OF ASPEN PPfKIN EOVNTY TtTLE, INC. 601 E HOPKIIJS ASPEN, CO. 81611 97/1-9?5-1766 970~925fib2/FAX AUTHORIZED AGENT Sc1,11edule A~Q.1 This Commitment is invalid ur~leas the Insuring Provisions and Schedules A end 8 are attached. .JUN. 6.2000 9:29AM PITKIh' COUNTY TITLE ~ N0. 17°0 P.;/~ SCHEDIJGE B -SECTION 1 REQUIREMENTS The foNowing are the. requirements to be complied with: ITEM (a) Payment to or for the acwunt of the grantor; or mortgagors of the fulljconsideratlon for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PWRPGSES OMLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE. RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/0R EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBYAGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEV2 ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. JUN. 6. 2000 9:29AM PITKIN COUNTY TITLE ! N0. 1780 P. 4/5 I i SCHEDULE B SECTION 2 EKCEPYIONS ; The policy or policies to be issued will rnntain exceptlons to fhe folbwing unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not stwwn by the public records. 2. Easements, or claims of easement, riot shown by the public rewrds. 3. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, any fans which a correct survey and inspection of the premises would disclose and whidr are not shown by the public records. 4. Any Ilen, or right to a Ilen, for services, labor, or material heretofore or hereafter famished, imposed by law and not shown by the public recerds. 5, Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing fn the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of rewrd for value the estate or Interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge w lien imposed for water or sewer service or for any other special tax(ng distrld. 7. Reservatlons and exceptions as set forth in the Deed from the Ctl)r of Aspen recorded in Book 59 at Page 283 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining Gaim or possession held under existing laws". B. Terms. conditions, provisions and obligatons as set forth in Affordable Housing dmpact Fee Deferral Agreement recorded April 27, 1995 in Book 775 at Page 460. 9. Terms, conditions, provisions and obligations as set forth in Sidewalk, Curb and Gutter Improvement Agreement recorded August 7, 1996 as Reception No_ 395x57 10 I~Part of Tmct trnm ~ IAl:K F RII \/FRrJAH Tn the Public Trustee of the County of For the use of NORWEST MORTGAGE. INC. Original Amount 59400pp Dated April 29. 1998 Recorded May 5, 1998 Reception No. ' 416493 11. Deed of Trust from :.TACK E. SiiV~RMAN To the Public Tn:stee of the County of For the use of : NORVYEST BANK COLORADO, t1.A. Original Amount :5500000 Oatc-d :June 2, 1948 Recorded ;September 22, 1996 Reception No. :422216 JUN.- 6. 2000. 9:29AM PITKIN COUNTY. TITLE N0. 1780 P. 5/5 ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Polity to be issued, if any shag conialn the following items In addition ~ the apes set forth above: (t) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water, (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 892; NOTE: Each title entity sha!I notify in writing eve*.y prospective insured in an owner title insurance policy for a single family rcsidance (indudirg a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exduslon to coverage relating tb unfiled mechanics or materialmens hens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' andlor Materialmen's Liens executed by the persons indicated in the attached wpy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements tp be specified by the Company upon request, Pre-printed ttem Number 4 may be deleUed from the Owner's polity when issued. Please centact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon airy title insurer to provide mechanics or materiatmens lien coverage. NOTE: If the Company conducts the owners or ban dosing under circumstances where it is responsible for the recording or filing of legal documerrts from said transaUion, the Company will be deemed to have provided "Gap Coverage'. Pursuant to Senate Bill 91-14 (CRS tQ-11-122); (a) The Subject Real Property may be boated in a Special Taxing District; (b) A Certificate of Taxes Due dating each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent: (c) Information regarding Special Distrids and the boundaries of such distrids may be obtained from the Board of County Commissioners, the County Ctertc and Recorder, or the County Assessor. NOTE: A tax Certificate wal be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless mitten instrudion to the contrary are received by the company prior to the issuance of the Tice Policy antidpated by this Commitment This commitment is invalid unless Schedule 6-Section 2 the Insuring Provisbns and Schedules Commitment No. PCT71t1.55PR A and B are attached. :.~ t.n ,~.., U I~ ~~ eo m .--. a~ a~ NPS N ~t - - M.. WARRANTY TFHS DEED, Mde dds 2nd dry of January. 2001 - , ,between Doremue Family LSaited Partnership, L. L.L. P. of the •Comty of Pitkln ~ Stem of Cohuado, pantor, a¢d Jack Silverman tom' I1~'.oc whore kgil addmm u 612 Weet Francis Street, Aspen, CO 81611 of the Cou¢ty of Pitkln ~StLk of COlu~D•BA°~e' WITNESS, Ihat the gramor, for andkronsidrnYon o(the mm of Ten Dollars (;10.00) and other good and valuable conelderatione ~~' the rorolp and adBciencY of which is hemby aelomwkdgea, hu grmrted, Imrgilaed, Bold.nd ooaafed, .¢d by tl:ne prew¢a dou grm6 bngefa, eell,co¢vry udwndrmunmihe gmtaa, thcirhein e¢d emlDts fotear, nor in kwncy i¢commmbol iajoiot nbLceY. ill the real proputy, Together whh impovemenu, it my, simale, lying sod beiL6 i¢ the Cou¢ty of Pitkln Lad Swe of Colorado. described es foBawa: Lot Q, Dlock 21, Ooremus/Silverman Subdivision Exemp[Son/Lot Split, according m [he Plat recorded January 2, 2001 in Plat Book 55 at Page 52, City and Tovnsite of Aspen. ' I II'III "III I'III' IIIIII II'll'III'lll'I III "I'I II'I I"I 000221 01/03/2001 03:BW WD DAMS SILVI 1 of 2 R 10.00 D 110.00 N 0.00 PITKIN COUNTY CO ako know¢by eaeetaM nuniberu 610 Weet Fiancie, Aspen, CO 81611 1UGETfIER with all and singuln de hemdimmram and Lppekruoces wemunm 6ebnging, a In anywise epprmkk{ end the revemion and n;anlon, amal¢dm and mmilndera, wau, Isar_s and proeu thereo6 ~ sU the eamk,right. silk. imemst, clilm and dema,d whamoever of tk granmy dthn in I.w m equity. o(k and k the above WrgakW pmmisea, with Ibe MaWitemeniL and appunerimces. - TOHAVE AND TO HOLD We sild premise aboabergeined eM deecnbed, with the appuk¢erues, u¢m the gta¢tees, dmlr 6ein end naigne finevm. And We cantor far morsel[ hie hehs aM penned represenmdves, don mansr,t, gram, 6ergilo and Lgae m eM wim me grsntou, dreir hdn end nsign, thm et the lime ofiheenuilkg sod delivery of Ihme p~ems.6e h well uiredofUl¢ psemiees shove conveyed, 6M good, note, perfem, ebsolum sod indefinibk eamaaf iohdiknce, to law, k fee simple, ud hn good right, fuB prover and lawful mnhmitY m ~• bsrgahr, «B aM convry the came k memler a¢d brtn ekwaeid, and thm the satneme fnvn eM dear from ill forr¢a eM othv goon. 6ergilm, ulu, tiem, texa, aseeesmrnu, e¢cumbrancee end mstrlaimm of whakver Idrtd or rWme eoever, eaapl and eub]ecC to [hose matters ee[ forth on Exhibit A nttachad hereto and made a part hereof by this reference. The grmmr sba0 and will WARRANT AND FOREVPJt DHPPIID the ebmr-berBaked pemiscs io dm quiet a¢d peeceabk pna¢aakn of do grantees, ihek hefty aM rilgm, against aB erd vary P~~ ar Pertmu kwklly claiming dm wMk m any pmt dvmM. The ai¢gulm cumber shill Itwlude the phut, We p1uN Ue singular, and the um of e¢y geodm shill 6a applicable k ill geedera. M V/17NFS5 WHERFAP the grantor has eaecured tlds dad on tlm d.te W krN shoo. STATE OP COIDRAD0 1 m. Cuuaty of Pitkln J PBey~(nDeo~temue Man~ag,,etment, Ltd/. ,General J6B~ne Doremue, President The bmgoing Irmtwrmm an cknowkdged hkte me thG ~ dry of January, 200'. M Jeanne Doremve ae President of Doremue Management, Ltd., General Doremue Pamily Limited P .. ship, L.L.L.P., a Colorado limited lid! limited partnership. SSINA Oq p7rnw my bwd and o(fic6l wl. // aQ'.••'T ,, :.. /i,_ MQ cemmtpio. wpim d II ilE3m Ns. f11A. M.3-M. wAMUrm d of P. entlfwtl PUNW1413,3 W,as 9..nmrtr,CV torn-ImJ1 E93~31m-Ln M1 1 Ia1 l~W EXHIBIT A To WARRAI~ITY DEED 1. General taxes and assessments for 2001 and subsequent years. 2. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 a Page 283 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 3. Easements, rights-of--way and all matters disclosed on Lot Split Plat of the Doremus/Silverman Lot Split recorded January 2, 2001 in Plat Book 55 at Page 52. 4. Terms, conditions, provisions and obligations set forth in Subdivision Exemption Agreement for the DoremuslSilverman Lot Split recorded January 2, 2001, as Reception No. 450164. 5. Encroachments and all matters as disclosed by Survey of Aspen Survey Engineers dated March 29, 2000 as Job No. 15221A. 6. Terms, conditions, provisions and obligations as set forth in Revocable Encroachment License recorded December 27, 2000 as Reception No. 449975. Terms, conditions, provisions, obligations and all matters set forth in Ordinance No. 49, Series of 2000, of the Aspen City Council, recorded January 2, 2001 as Reception No. 450163. 7746764_7.DOC I I"III l~III 1'lll' Ifll'I II'll IIII "I"I III "II' II'I I"I 450224 01/03/2001 03:04P ND DAMS SILVI 2 of 2 R 10.00 D 110.00 N 0.00 PITKIN COUNTY CO Retum to. ART DAILY HOLLAND & HART 600 E MAIN ASPEN, CO 81611 CITY OF ASPEN CfT`/OF ASPEN ~} ~ EXEMPT FROM WRHTf D~MPr FROkA HRETT DATE REr, y... DAT REp NO. G/~y~,~~ y~~j G~~y•rY /1cL/ ugvs SPECIAL WARRANTY DEED THIS DEED, Made June 14, 2004 between JACK SILVERMAN of the County of PITKIN and State of CO, of the first part, GRANTOR and MARISA SILVERMAN whose legal address is: 612 WEST FRANCIS, ASPEN, CO 81611 of the County of PITKIN State of CO, of the second part, GRANTEE WITNESSETH, That the said parties of the first part, for and in consideration of Me sum of Ten dollars and other gootl and valuable considerations, to Me said parties of the first part, in hand paid by the said Darties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, soltl and conveyed and by these presents do grant, bargain, sell, convey and wnfirm unto the said parties of Me second part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being in Me County of PITKIN and Stale of COLORADO, to wit: LOTS R & S, BLOCK 21, DOREMUS/SILVERMAN SUBDIVISION EXEMPTIONILOT SPLIT, according to the Plat recorded January 2, 2001 in Plat Baok 55 at Page 52. Together wiM all and singular the hereditaments and appurtenances there-unto belonging, or in anywise appertaining, antl Me reversion and reversions, remainder and remainders, rents, issues and profits Mereof; and all the estate, right, title, interest, claim and demand whatsoever, of Me said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, its surcessors and assigns forever. And Me said parties of the frst part for themselves, their heirs and assigns do covenant, grant, bargaln and agree M and with the said parties of the second part, their successors and assigns, Me above bargained premises in the quiet and peaceable possession of said parties of Me second part, its successors and assigns, against all and every person or persons lawfully daiming or to claim the whole or any part thereof, by Mrough or under Me said parties of Me frst part to WARRANT AND FOREVER DEFEND. The singular shall include the plural, Me plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF, the said parties of the first part have hereunto set Meir hand(s) antl seal(s). ~~ ~i ~~~'Ti'~d"-f ~~ JACK SILVERMAN STATE OF v I vV[t I~~~IIIIIIAII~III11Ull~llllll~lll~lll111 6986ee e2:ely $$ SILVIA DflV16 VITRIN DDUrrY CO R 0.00 D 0.00 COUNTY OF ~r"I~K7>^ 1 th Tr~e foregoing instrument was acknowledged before me this ~~ - day of Ju l~ , 2004 By: JACK SILVERMAN WITNESS my hand and official seal my commission expires: Brentll L. Jepson r Notary Public PCT17964L ~ Commission Exprtas ~ 122rzog5 601 E. Hopkins Aspen, CO 81617 EXHIBIT ~ ~-_ City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: Block 21, Lots P, Q R & S (600/612 W. Francis St.) (PID#s 2735-124-09-007 and 2735-124-09-009) Request for Historic Landmark Designation and Subdivision Approval To whom it may concern: As owner of the above referenced properties, we hereby authorize Haas Land Planning, LLC (HLP) to act as our designated and authorized representatives for the preparation, submittal, and processing of an application for the approvals listed above, as well as, any subsequent applications associated therewith. HLP is also authorized to represent us in meetings with City staff, the Historic Preservation Commission, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included with the application. Yours truly, J k Silverman -~/,.1~~-~. risa Sil~erma 612 W. Francis St. Aspen, CO 81611 u ~ bll ~b lRp .. ORDINANCE No. 49, SERIES 2000 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS P, Q, R, AND S OF BLOCK 21, CITY AND TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID (Lot P):2735-124-00-007 Panel ID (Lots Q, R, and S): 2735-124-09-009 WHEREAS, the Community Development Department received an application from co-applicants, Jack Silverman and the Doremus Family Limited Partnership, LLLP, represented by Mitch Baas, for a Subdivision Exemption Lot Split for Lois P, Q, R, and S of Block 21 in the City and Townsite of Aspen, City of Aspen, Pitkin County; and WHEREAS, pursuant to Sections 26.480.040(B), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a development application for ~--. a Subdivision Exemption Lot Split, after recommendation by the Community Development Department, pursuant to Section 26.480.040(B)(4); and, WHEREAS, the Community Development Department reviewed the application for a Subdivision Exemption Lot Split for Lots P, Q, R, and S of Block 21 City and Townsite of Aspen, City of Aspen, Pitkin County, Colorado in the R-6 zone district and recommended approval; and, WHEREAS, the Aspen City Council has reviewed and considered the development Proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance fiuthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE TT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Subdivision Exemption Lot Split for Lots P, Q, R, and S of Block 2 ] City and IIIIII11111111111111111 illl IIIII 111111111 lilil Iill Ills 480183 01/02/2001 03:01P tNtDINtiNC DRVIS SILVI 1 of 3 R iS.00 D 0.00 N 0.00 PITKIN COUNTY CO ~~ ~ L W D IBJ . Townsite of Aspen, City of Aspen, Pitkin County, Colorado, is approved with the following conditions: 1. That the co-applicants agree to demolish the existing house on Lot Q within ] 80 days of approval by City Council after recordation of the plat; 2. That the applicants remove the "No Parking" sign located on West Francis Street side of the subject properties; 3. At present, there are parking and fencing encroachments into the public rights-of- way on West Francis Street, 5th Street, and the Alley for Block 21. The applicant must either 1) remove the encroachments or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department allowing these encroachments to exist prior to the recording of the final plat; 4. That all demolition of the existing building needs to occur from the alley side of the lot. In addition, the applicant shall not track mud onto City streets during demolition; 5. If, in the future, the applicants wish to remove trees located along the property ,,,,,, line, approval from the City Pazks Department based upon the tree removal permit process is required; 6. That the neighboring owners both must end the use of the parking azea on West Francis Street, This is to alleviate the potential damage to the existing street trees. The applicants shall replace the gravel azea with natural landscaping as required by the Pazks Department; 7. 'that the applicant shall submit and record a subdivision plat which meets the terms of chapter 26.480, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals; 8. That the applicant shall record the subdivision exemption agreement in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the agreement within one hundred eighty (180) days following approval by City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause; and 9. That the applicant agrees that this subdivision exemption lot split resulting in two b,000 squaze foot lots contains a maximum potential build out not to exceed two (2) principal dwelling units. This lot split effectively eliminates a development right for Lots Q, R, and S; and 111111 IIIII 111111111111 IIII IIIII Illill III IIIII IIII IIII 480163 01/0Z/2001 03:03P ORDINRNC DRVIS SILVI 2 of 3 R 18.00 D 0.00 N 0.00 PITKIN COUNTY CO ~~ ~ ~ rn, 1 IAN t 0. Any future development on the newly created lots shall be required to mitigate for their impact pursuant to Chapter 26.470 Crrowth Management Quota System (GMQS) as required. Section 2• This Ordinance shall not effect 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 sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided bylaw, by the City Council of the City of Aspen on this I0`~ day of October, 2000. .-~ '~~~ 4~ tJf.'',~~r. c, '.~, xathrya~I! {oeh, City Clerk rr1l0AA~~.., ., ~c Rache R~ blRache ac-' tdsrd ,s ,adopted, passed and approved this 23'^ day of October, 2000. Attest: `~ .. athryn S. ch, Qity Clerk ~~'t~ -.`i~- ~: ~~'upn ~~~ ag~to.form: ~~ Rachel Richards, ayor Worcestor, City Attorney C:\My Documen[slCurrcnt Cascs\Lot 51pit\DoremusSilvcrman\SilvermenporemusLotSplitMemo.doc 111 11 1 11 1 1 11111 11 111 1 1 1 1 I l l l I I I I I 1 1 1 11 1 I I I I I I I I I I I I I I I I 33of63 Rii3.~ Di 03:01P ORDIKgI~ ORVIS SILYI 0. ~ N 0.00 PITKIN COUttTT CO ^ } Ifl P O ~ m ^ ~ u _ ~ = m a _ = p ~ m ~ 9' €~ ^~ - Z p € En ~ -i e - ~ N. ~€ e~ S~ ~~ _~ m S v m X i ~~ ° r ~~~^ 'I ``~ //~~^iJ' "l~ y D -a O ti m m 0 0 NoRT.~I FI FT., .~ y I e "s o}~ a o h e 4- 0 a _2 ~ p ,~ 9' ~ 4 o h . , -C ,. ~ ,~,o ° ~ m ~ p 9 g ~ a °~ y •, ~ o- ~ ~~sgo :: ~ jo ~ ~ c_ ~~ in _ o g TO G' b ~' _ ~e ~ r ~O~' 0 Yi"~ _~ c m ,g n~~,. z _ ~:~ ~,, , ~ ~g~e ' ` _ ~'`~i = -__ g s ng _~~ 5m s m :~ _, £ v V w m X h 5 m _ _ ~:m _~ °-~~ mR^_ z~~. € - ~~ o~-^s' ~~' "Y. °2 ~=_ H _ v ^^~ `1 J)~~ l tvl \\l /! ~/ •~ V n z m r $~ 9 a P~~ °Im~ _ m ~~o - "' _ ~ o ~ I F ~ : ~ R1 o - °n n -o ~ M N - = ~ . ~ ae~ ~ ~ .~ ' ,m rn z R. N ' ti ~ D a c N C ~ n e n ~m =m - F < ~ ~ -~ €Z ,~ S.D g p . : Z - - a Z n aF m _ m m .: m€ z z n S uo.~ ~ ;: Y ~? n ea~ o ~ ~, .u . ,.~ ~~ € R.~ .. I ~"' " z " m ? ~~~' C~ - . Z - o m ~- 7 n e ITl m;o e~ _ac ° m ° mz ~ '_~ `~ ~ =n .~~ r ~ ~ v va.; y ~ ~ oh # ~ 8. ~ I ~ c ~ ~ ao nn m C D ~ N~RTfI _ ~ ~N s n Fl FTH .,o,~ ,s „ S T ~F~, T c fTl 0 m U m 5'--°°n ~T~, ~ - F~'mn y~e ___ =,1°. "~< 4„ -~ r I T1 m _I n m n ~_ E. ~~ $~ R ER 9 ~ , ~ s~. 0080' ' ,_~ . ~~ ~~'' ~ E Iw = sy^ _ ~ ~~ 8 '„ °'. 1 ':g # ~,~' ~ ~ - 0 ~~' .~ f - ~ F4 f. A ~A ~J R-l ~-.a [~ ~/) n k+ O o G z O~~ N ~YJ (J] O ~ ly ~ ~ ~~~yJ O ~ " N >~ ~`a ,P RI Gl n ~ o ~ ~ x o _ ~ ~ CG2 - z ~ b ,`, t n r~ ~9 n ~ n ~ ~ Ur z m n 0 v ty ti s '° 0 z Z/l) n ~ m ~ T m a m ~ z ~ ~ z n 0 ~~ ~y b ~ F-~ 0 oA r~ p~ 0 r ® ~ off. :g `c ^.=m~ m ~' m=§ ~voSRm b n... ~ =ao=gym ~ ~~~n m m. ~ z omR~.~ ~ ~~~_€ - ~" c~ n on. m ~~ 'm y 323 N FIFTH ST LLC 609 CORPORATION ADELMAN KENNETH L TRUST 555 KATIE PARK LN PO BOX 1819 4018 N 27TH ST SNOWMASS, CO 81654 ASPEN, CO 81612 ARLINGTON, VA 22207 BEATON CHRISTINA NESLUND gLAICH ROBERT I & JANET S BLANK ROBERT S & NANCY L BEATON GLENN K 319 N FOURTH ST C/0 WHITCOMB PARTNERS 19 HUNTWICK LN ASPEN, CO 81611 375 PARK AVE RM 3800 CHERRY NIECES VILLAGE, CO 80113 NEW YORK, NY 10152 BOWENSTANLEY PAMELA BURROWS ANNE W COOK ROBERT C & MARSHA N 2934 1/2 N BEVERLY GLEN CIR #482 505 N 5TH ST 621 W FRANCIS ST LOS ANGELES, CA 90077 ASPEN, CO 81611 ASPEN, CO 81611 DEROSA THOMAS J DEVONSHIRE CORPORATION HALL CHARLES L PO BOX 410 6100 N PENNSYLVANIA PO BOX 1819 BROOKLANDVILLE, MD 21022 OKLAHOMA CITY, OK 73112 ASPEN, CO 81612 HALLAM SIX LLC IGLEHART JAMES P ~ JOY WILLIAM N 4430 ARAPAHO STE 110 610 W HAILAM ST PO BOX 10195 DEPT 571 BOULDER, CO 80303 ASPEN, CO 61611 PALO ALTO, CA 94303 KAFRISSEN ARTHUR & CAROLE F KASCH JEFFERY C KEY R BRILL & ELIZABETH R 310 N 6TH 68 RONAN RD C/O KEY MEDIA ASPEN, CO 81611 FORT SHERIDAN, IL -60010-2065 720 E HYMAN #301 ASPEN, CO 81611 KOEHLER DAVID R TRUST LAWSON MICHELLE R C/O WELLS FARGO BANK ATTN DEBBIE 522 W FRANCIS ST BERG ASPEN, CO 81611 PO BOX 13519 ARLINGTON, TX 76094 LICHTIN HAROLD 3110 EDWARDS MILL RD # 200 RALEIGH, NC 27612 LOWREY JAMES E JR TRUSTEE 5518 SAUVE LANE HOUSTON, TX 77056 MAGGOS LAURA P 317 NORTH 4TH ST ASPEN,CO 81611 MARGERUM AMY L 622 WEST SMUGGLER ASPEN, CO 81611 LEVINE THEODORE A LIV TRUST 50°/, 425 E 58TH ST #25H NEW YORK, NY 10022 MACNAUGHTON DUNCAN TRUST 1288 ALA MOANA BLVD STE 208 HONOLULU, HI 96814-0206 MARTIN JAMES R 1998 OPRT 620 MARKET ST #300 KNOXVILLE, TN 37902 MCCAUSLAND LINDA MCCULLOUGH ANDREW JR MCLEAN CHARLES M PO BOX 1584 3939 DEL MONTE DR PO BOX 11687 ASPEN, CO 81612 HOUSTON, TX 77019 ASPEN, CO 81612 EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A¢reement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Jack and Marisa Silverman (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for Historic Landmark Designation and Subdivision Approval (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structwe for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of [he size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless currant billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of [he CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 3,152* which is for 12 hours of Community Development staff time, and if actual recorded costs exceed [he initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimbwse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director APPLIC T By: Date: ~ • Z(a • Og Silting Address and Telephone Number: Required hsv~,. Cc~ ~«.. 9zs- ~~~ *:$2,940=Planning Flat Fee; and $272=Minor Review Fee MG DUPLEX LLC 825 W EST NORTH ST ASPEN, CO 81611 NEW WEISMAN FAMILY LP 2418 EMERALD TR MINNETONKA, MN 55305-1910 OXLEY JOHN C TRUSTEE 50% 1437 S BOULDER AVE #770 TULSA, OK 74119 POPE WILLIAM H 540 W SMUGGLER ASPEN, CO 81611 RITCHIE ROBERT 701 W FRANCIS ST ASPEN, CO 81611 SHAFROTH ASPEN HOUSE LLC 1902 POPLAR AVE BOULDER, CO 80304 STANLEY GAINES B & VICKIE C 3915 LEMMON AVE #200 DALLAS, TX 75219 VERLEGER PHILIP K JR 8 MARGARET B 615 W FRANCIS ST ASPEN, CO 81611 WEISS JEFFREY L 8 JILL 36 RUSTED LANE GREENWICH, CT 06830 WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 MILLER CYNTHIA L MULLEN MICHAEL 610 W SMUGGLER ST 8411 PRESTON RD #730 ASPEN, CO 81611-1263 DALLAS, TX 75225 NIEBUR DEWAYNE E & JO ANN E OXLEY DEBBY M 50% 721 W FRANCIS 1300 WILLIAMS TOWER 1 ASPEN, CO 81611 TULSA, OK 74103 PACIFIC DEVELOPMENT GROUP LLC PENINSULA LLC C/O SALLY TISCHER 729 NASKEAG RD 2471 VALLEJO ST BROOKLIN, ME 04616.3316 SAN FRANCISCO, CA 94123 PORTER HOUSE STAKE LLC RAZEK EDWARD G 1111 RACE ST PHA 3 LIMITED PKWY DENVER, CO 80206 COLOMBUS, OH 43230 ROHATYN NICOLAS STEIT ROSENBERG PHILLIP I GREENBERG-ROHATYN~IEANNE 6g RONAN RD 12 E 94TH ST HIGHWOOD, IL 60040 NEW YORK, NY , SHAFROTH JOHN F SHELBY LLC 3901 E BELLEVIEW AVE 1201 WILLIAMS ST #A LITTLETON, CO 80121 DENVER, CO 60218 SWANSON LUCIA LIV TRUST 50% TISCHLER SALLY L 425 E 58TH ST #25-H 2471 VALLEJO ST NEW YORK, NY 10022 SAN FRANCISCO, CA 94123-4638 WARDROP INDIA CUTLER WARE NINA COULTER 105 WOODSFORD SO 34 CLERMONT LN LONDON UK W148DT, ST LOUIS, MO 63124 WEST SMUGGLER LLC WILKE JOHN H & BONNIE K TRUTE 2318 SILVER PALM PL 626 W FRANCIS NAPLES, FL 34105-3043 ASPEN, CO 81611 l~ra~ MEMORANDUM TO: Mayor Ireland and City Council FROM: Jessica Garrow, Long Range Planner ~~~~ THRU: Chris Bendon, Community Development Director DATE OF MEMO: July 21, 2008 MEETING DATE: July 28, 2008 RE: Smuggler Racquet Club Conceptual PUD, Resolution 53, Series 2007 The Applicant has requested that the Smuggler Racquet Club Conceptual PUD public heazing be continued to a date certain due to its relationship to the Lift 1 Master Plan process. Staff supports this continuation request. Staff proposes that this heazing be continued to October 14, 2008, and that the hearing be re-noticed because it will be a yeaz since the previous public heazing. The Applicant has agreed to this continuation date. PROPOSED MOTION: "I move to continue the Public Hearing for Resolution No. 53, Series of 2007, approving a Conceptual PUD for the Smuggler Racquet Club, to October 14, 2008." CITY MANAGER COMMENTS: v~~~~ MEMORANDUM TO: Mayor and City Council FROM: Ashley Cantrell, Environmental Health Department li •~/ THRU: Lee Cassin, Environmental Health Director ~~ ~ ~ CC: Chris Bendon, Community Development Director DATE OF MEMO: July 21, 2008 MEETING DATE: July 28, 2008 RE: Renewal of the Recycling Ordinance REQUEST OF COUNCIL: We ask that Council approve the continuation of the recycling ordinance, including the proposed minor changes, on second reading. Based on the success of the program, we are recommending the removal of the initial "sunset" provision, and other administrative improvements that will make the ordinance easier to comply with and easier to understand. PREVIOUS COUNCIL ACTION: The recycling ordinance was enacted in August of 2005 to encourage higher recycling rates by making recycling easier for residents and businesses. The original ordinance included a sunset provision that requires action from City Council within three yeazs to continue the ordinance. The sunset provision also allows Council to make changes to the ordinance. BACKGROUND: The three yeazs of the recycling ordinance have proved to be very successful. Recycling rates rose in both commercial and residential sectors, and many businesses and residents began to recycle after the ordinance took effect. Higher recycling rates signify that more waste was diverted from the landfill, which means less air pollution and greenhouse gas emissions. At the first reading of this ordinance on July 14, council requested more information regazding the potential negative effects that bi-annual reporting may have on the waste haulers. Staff had already spoken with representatives from three separate waste hauling companies and informed them of the proposed change, and all three said the new reporting requirements would not negatively affect their operations. Staff believes this provision will make it easier for the haulers to provide accurate data. Page 1 of 6 In the time since the first reading, staff received a verbal comment from one hauler requesting that residential recycling pickup be required only every other week instead of every week. The Environmental Health staff is willing to consider the proposal in the future when it can be further discussed with the other haulers and customers, but we do not want to make any hasty changes that might help some haulers and hurt others, or make any changes that would reduce recycling rates without cazeful consideration. At this time, staff is not inclined to recommend the change based on the following reasoning: Please refer to Attachment A for more details on this topic. - Weekly recycling pickup on the same day as trash pickup is easy for the customer to remember and leads to higher recycling volumes due to ease of use. In fact, several customers dropped their recycling service before the ordinance went into effect, because homeowners felt it was too hard to coordinate with the bi-weekly schedule of pickup. - Weekly pickup ensures that bins do not overflow. Overflowing bins discourage customers from recycling. Staff solicited comments from all the waste haulers earlier in the yeaz and received a number of comments which have been addressed in the ordinance. City staff expects to receive further comments from Waste Management staff at about the time this memo is due. (We received comments from them earlier, but due to staff changes, current Waste Management staff wanted to make some different comments.) Even though city staff may agree with some suggestions on first consideration, we must research and consider any significant changes so as to not adversely affect customers or other haulers. The current changes to the ordinance are only housekeeping changes that do not change the intention or key elements of the ordinance. If council wishes to make significant changes to the existing ordinance, staff commits to come back at the eazliest available work session to explore these suggestions fiu~ther. However, at this time any major changes would be made in haste and could lead to unseen adverse affects on customers or haulers. On July 23 the Environmental Health staff met with members of CCLC to heaz their comments on the ordinance. This is the second time this yeaz that staff has met with CCLC to receive feedback on this particulaz ordinance and program. CCLC requested a number of studies and information, which staff provided at the first meeting, and provided again, with updates, on July 23. Staff considered all suggestions and comments and provided all available documentation and data on the effects of the ordinance. For a list of documents provided to CCLC please see Attachment B. Some CCLC members have always believed this ordinance would increase traffic, noise, hauler profit, and cost, and for this reason staff anticipates further comments from CCLC members at second heazing, especially suggestions that other methods should be used to increase recycling. However, we feel all concerns have been properly addressed to CCLC and the issues aze further described below. Noise - We have historically received occasional complaints about waste (or recycling) trucks coming early in the morning, but we did not fmd an increase in the number of complaints Page 2 of 6 received after the ordinance compared to years prior to the recycling ordinance. We get very few complaints about trash or recycling truck noise. Tra ic- There was concern on the part of some CCLC members about the potential for increased traffic in downtown Aspen resulting from more recycling pick-up to handle the higher volumes of recycling. After the ordinance the amount of trucks on the road increased by 12 trucks per week. In light of the fact that over 800 dump trucks and over 23,000 vehicles enter Aspen every day, staff sees this increase in trips as small. Cost -Some CCLC members were concemed the ordinance would give waste haulers an excuse to increase their rates and profits. However, our reseazch shows that rates went up for some customers and went down for others, and the price changes may represent normal increases in the cost of fuel and other aspects of doing business. Out of the thousands of citizens and hundreds of businesses in Aspen, we received 7 complaint calls related to cost increases. Environmental Health worked with all concerned customers to let them know about service options and ways to reduce their cost. Many residential customers found they could switch to smaller containers without changing their habits, and saw prices stay the same or drop. Staff observed cases where commercial accounts saved money on their trash bill after the recycling ordinance came into effect. Attachment C gives some examples of the cost changes to customers in all sectors. mace -Finding space to locate newly added recycling bins was another concern for some businesses in the Commercial Core. The Environmental Health department worked with downtown alley businesses to help them fmd locations for recycling containers if they had limited space. A few multi-family locations were not easily resolved due to homeowner or hauler constraints (homeowners not wanting another container for visual reasons, for example). Otherwise, Environmental Health was able to resolve all issues that were brought to our attention. Yard Waste- In the first year, staff hired a company to provide curbside pickup of grass and leaves in order to provide disposal options for yard waste. Very few customers took advantage of this service, so the program was discontinued. Citizens aze successfully self-hauling to the Rio Grande recycling center where there is a grass and leaf collection bin provided by the City of Aspen and Pitkin County. Other citizens aze using mulching mowers. Landscapers take the material for free to the landfill for composting, use mulching mowers, or compost grass and leaves at other down valley locations. Program Successes- At least 138 businesses started or expanded their recycling efforts since the adoption of the ordinance. Attachment D provides a list of some of the businesses that added recycling because of the ordinance. This success is attributed to the concentrated efforts by city staff, the cooperation of the waste haulers, and the public's desire to recycle. With the adoption of the ordinance the city was able to collect information from the haulers on collection rates of recycling and yard waste. From the 2006 data, staff was able to set a starting point for Aspen's recycling rate of 14%. In 2007, Aspen's recycling rate increased to 16% as Page 3 of 6 more customers came under the ordinance. Since many customers have three-yeaz contracts, many more commercial customers will come under the new ordinance this fall, so rates should increase again. Although Aspen's rate is still low in comparison to the rest of the nation, partly because of the distance to recycling mazkets, Aspen is moving in the right direction to greatly surpass Colorado's recycling rate of 12.5% and continues towards meeting the National average of 30%. DISCUSSION: Staff had numerous meetings with trash haulers, Pitkin County landfill staff, CCLC, and community members to gather input and suggestions about how the ordinance is working and to take note of any recommended changes. Staff incorporated numerous helpful suggestions that will improve and simplify the ordinance. For a description of the main elements of the original ordinance, none of which is being changed, refer to Attachment E. (The main elements are: requiring recycling to be included as part of the customer's basic trash service; requiring volume- based pricing; and keeping yazd waste out of trash.) The following aze staff's recommended changes. • Discontinue additional exemptions for Commercial Customers who haul their own cazdboazd to the Rio Grande Recycle Center. Any existing exemptions will be honored, but no new customers will be able to apply for exemptions. (This provision allowed a Commercial Customer to be exempt from the ordinance if the customer proved to Environmental Health that they were hauling cazdboazd to a drop-off center.) Only three businesses used this option in three yeazs, and due to the difficulty to implement, we recommend this be discontinued. • Delete the exemption for sepazate cazdboazd hauling by a different hauler. Under this exemption a Commercial Customer was exempt from cardboard service with their contracted hauler if they could prove their cazdboazd was picked up by a separate hauler other than the customer's trash hauler. No customers applied for this exemption. • Require reporting bi-annually instead of annually, with the quantities reported in tons. Staff discovered that each hauler was collecting data and making assumptions differently not only between haulers but from year to yeaz. This caused uncertainty in Aspen's actual recycling rate. By including standazdized data collection in the reporting form, staff will have both increased confidence in Aspen's recycling rate and better ability to track the effects of the recycling ordinance. All three major haulers indicated this would not pose a problem. • Clazify the 90-day notice provision in which haulers let customers know of service options. This provision requires haulers to educate their customers of the changes that will take place once the ordinance comes into effect for that customer and to allow time for the customer to understand their options for service. Staff only made the wording cleazer for better understanding. • Clazify that the City will provide wording for audit cards, which the haulers can print in their preferred format. Each hauler has different preferences regazding the format of their audit cards. • Add clarifying wording to section B of hauler requirements that makes it perfectly clear that it is unlawful to display the cost of recycling as a separate charge in a line item in any Page 4 of 6 document provided to the customer. Staff feels previous wording made this regulation cleaz, but additional clazifying wording will help ensure that no future compliance issues result from haulers not understanding the wording. (The intent is that recycling is included as part of the basic trash service, and is neither an added charge, nor a deduction if people choose not to use it.) Eliminate the Sunset Provision so the ordinance remains in effect. FINANCIALBUDGET IMPACTS: None. The recycling ordinance requires staff time to educate consumers and haulers, and conduct enforcement and routine field surveillance activities. This is done by existing Environmental Health staff. ENVIRONMENTAL IMPACTS: Prolong the life of the landfill: By diverting waste away from the landfill, recycling is prolonging the lifespan of the Pitkin County Landfill. As long as the Pitkin County landfill remains open, Aspen will not need to haul trash out of the Roaring Fork Valley, which would generate more greenhouse gas emissions and air pollution. Conserve Resources: Recycling helps to conserve resources by minimizing the need for virgin materials, and allows material that has already been extracted to be used for another purpose. Save Energy: Manufacturing any new product requires energy use, however when recycled material is used, it uses less energy than producing new products from virgin materials. Additionally, the energy required to get recycled materials to industry (including collection, processing and transportation), is less than the energy required to supply virgin materials to industry (including extraction, refining, transportation and processing). (See Attachment F) Pollution Reduction: The initial steps in the production process, extracting, refining, and processing raw materials, aze often overlooked, but create substantial air and water pollution. Recycling reduces the need for extraction and processing, and thereby reduces the pollution associated with these activities. Recycling also reduces the amount of fossil fuels entering the air because energy intensive extraction is eliminated, and reduces potential groundwater contamination associated with landfills. Reduction in Greenhouse Gas Emissions: The reduction in energy use achieved through recycling also reduces greenhouse gas emissions, and thus helps curb global warming. Attachment F shows the benefits of recycling in more detail. RECOMMENDED ACTION: Staff recommends Council adopt the ordinance as amended, based on the environmental benefits, success of the ordinance in its first three yeazs, and staffs findings that the adverse impacts of the ordinance have been minimal. Staff has had some verbal indication that one hauler may make suggested changes after this memo is due. Staff recommends that Council pass this ordinance making minor changes, and then if any significant issues aze raised at the last minute, that the Environmental Health Department meet as soon as possible with all the haulers and affected customers to discuss any Page 5 of 6 proposed changes, and then return to Council at a work session so the impacts of potential changes can be thoroughly evaluated. ALTERNATIVES: Council could strengthen the ordinance requirements, make recycling mandatory, leave the ordinance as is, or make other changes. PROPOSED MOTION: "I move to approve Ordinance # I~"Series of 2008 amending Aspen's recycling ordinance with included changes." ~ CITY MANAGER COMMENTS: ATTACHMENTS: A: Frequency of Pickup Data B: List of documents provided to CCLC C: Cost changes after Recycling Ordinance D: Businesses who added recycling E: Key elements of the Recycling Ordinance F: Benefits of recycling Page 6 of 6 Attachment A: Frequency of Pickup Under the current recycling ordinance, residential customers in the City of Aspen receive recycling and trash pickup on the same day every week. Recycling is collected on the same day as trash, and haulers are required to pickup at least once every week. Benefits of once a week pickup: Every community values different aspects of their recycling program, and many factors contribute to the success of a program. Aspen residents value convenience when it comes to recycling. Prior to the recycling ordinance, some haulers collected recycling every other week. Some customers cancelled recycling service because they claimed it was too difficult to remember and coordinate every other week pickup. Recycling pickup every week on the same day as trash provides the ultimate convenience for residential customers and encourages more recycling. A study conducted by Eureka Recycles in the city of Saint Paul, Minnesota found that residents tend to recycle more when they have more storage capacity in the bins. When a collection bin began to look full, customers tended to decrease recycling, even if the bin was not completely full. If recycling is collected every other week, it is easy to see how an almost full bin at the beginning or middle of week 2 could lead to decreased recycling. If recycling rates continue to increase, as they have over the last two yeazs, residential customers may fill their recycling bins more often. Weekly pickup ensures that bins do not overflow and recycling does not contaminate streets or create a safety hazard. Drawbacks to weekly recycling pickup.• Weekly residential recycling pickup requires that a hauler send a sepazate recycling truck to Aspen once a week in addition to the trash truck that it sends on that same day. This adds at least 1 more truck per waste hauling company to the residential roads every week. - Fuel and staff time required to run a recycling pickup every week is costly, and even more so if residential recycling does not fill the truck to capacity. Example 1: Fort Collins, CO The city of Fort Collins has a residential recycling ordinance that is similaz to Aspen's, and Fort Collins requires recycling weekly. Frequency of Collection: (1) All collectors providing solid waste collection services to residential customers shall provide curbside recycling collection services to all such customers who desire such services. Such curbside recycling collection services shall be provided on at least a once-weekly basis and on the same day as the day of collection of solid waste from the customer; provided, however, that collection of recyclable materials need not be accomplished on the same day as the collection of solid waste for multi-family dwelling units and dwelling units located within mobile home parks. Example 2: Denver, CO In an interview with Chazlotte Pit, director of Denver Recycles, Charlotte told staff that even though Denver currently requires their single stream recycling bins to be picked up bi-weekly, she feels there is a need to change to weekly pickup. According to Charlotte, Denver has overflow issues with many of their customers. Denver Recycles just started providing extra containers to those customers who want to recycle more than one large bin of recyclables. Over 1000 customers so faz have requested extra containers. Chazlotte commented that her competitor also provides single stream service in Denver, but runs a different program. They charge separately for recycling pickup. Chazlotte believes the other company is not seeing full bins every week because they charge separately for recycling where Denver municipal trash does not. Hauler Comments Waste Solutions -Wally 7/15/08 Waste Solutions picks up Aspen's residential recycling on Fridays and leaves town with a full truck every week. If we allow haulers to pickup recycling every other week, Waste Solutions customers will still need weekly pickup to avoid overflow. Rocky Mountain Disposal- Rich 7/15/08 RMD doesn't have many residential customers in the City of Aspen, so Rich doesn't feel he is a good gauge. However, with their current amount of customers, weekly pickup doesn't fill a truck. He mentioned that it would be good if he could save a trip to Aspen given the cost of staff and fuel. Waste Management 7/10/08 & 7/15/08 WM would like to go to every other week pickup, as they do not fill their trucks with weekly residential pickup. They do not believe that their customers have enough recyclable material to fill a truck each week but would if pickup was every other week. Attachment B: List of Information provided to CCLC on July 23~a (Much of this information was given to CCLC at a previous meeting on February 6, 2008) - New Ordinance - Redlined Ordinance - Memo to City Council - Trucks- Number and type of trucks entering Aspen for trash and recycling pickup - Map of Alleyways to show parking spots and container placement - Single Stream information. Including Eureka Study showing the pros and cons - Overview of 2006 Complaint Log -Highlighting noise complaints - Recycling Reports for 2005, 2006, and 2007 - Emissions Standazds for trucks - Copy of opacity training certification- Proof that police aze trained to measure opacity of on-road vehicles - Memo to council from 2005 regarding a trash tax and trash districts - Cost changes to businesses and residents - Number of businesses who have started recycling and future estimate - Community Picnic survey regarding recycling ordinance - Example reporting document to prove how future reports will be more accurate - Facts and data of the impacts of using virgin materials - Number of people who have taken advantage of city services to find locations for bins or handle cost issues, and a list of how many were satisfied. - Overview of hauler comments regazding the ordinance Attachment C: Cost Changes after the Recycling Ordinance From a memo to Council in Februazy 2007: *Changes in costs resulting from the ordinance aze complicated by customers changing haulers or service levels at the same time as the ordinance went into effect and by the variety of situations unique to each business. Staff is also not always able to get financial disclosure from businesses. Examples vary widely, but a few are listed below. Small apartment complex -With onset of ordinance, added cardboazd (already recycled other materials). Cost increased $20/month for the complex, or about $1.25 per home. Large apartment complex -With onset of ordinance, added cardboazd (already recycled other materials). Cost increased (not able to disclose the amount), but no increase to tenants. For now cost is absorbed by apartment management. Small/Medium Aspen Dice -With onset of ordinance, added cazdboazd, co-mingled, newspaper, and office paper, lx/mo pick up. Cost increased $55/month. Restaurant mixed with other small businesses -With onset of ordinance, added cazdboazd and co-mingled. Cost increased $95/month for the complex. Medium mixed-use building complex -With onset of ordinance, added cazdboazd and co-mingled. Cost increased $90/month for the complex. Medium/Large mixed-use building complex, including restaurant -With onset of ordinance, added cazdboazd and co-mingled. Cost increased $240/month -split among multiple businesses. Large mined-use building complex, including restaurant -With onset of ordinance, added cazdboazd, newspaper, and co-mingled, and switched to a different hauler to provide more frequent collection. Cost decreased $594/month. Large mixed-use building complex, multiple restaurants -With onset of ordinance, added cazdboard, newspaper, and co-mingled, and switched to a different hauler to provide more frequent collection. Cost decreased $260/month. Residential A - No change in cost after implementation of ordinance. Residential B - No change in cost. More frequent recycle pick up. Could probably switch to smaller trash container and save money. Residential C-Decrease in cost about $11/month. Residential D -Increase in cost after implementation of ordinance. Attachment D: Businesses that have increased or started recycling due to the Recycling Ordinance (This list is not all inclusive.) 2006 Additions: Independence Partners Isis Building L'Hostaria Carl's Pharmacy Smuggler Racquet Club Centennial Apartments Highlands Villa 323 WMain -Paul Taddune Office ACRA Pazking Gazage Aspen Grove Fine Arts David Floria Gallery Museum Works Sazdella Fine Art Piranesi Chepita Magidson Fine Art Goldies & Kids Enstroms Bldg Stazs Meridian Mezzaluna Henry Beguelin Amorante Maximilian Pierre Famille Cashmere Aspen Jones Trading Cazol Dopkin Williams Woods HOA Conundrum Caterers Les Chefs Aspen Main Condos Wells Fargo Aspen Athletic Club Bogaert, John (Busies etc) Related WestPac Little Red Ski Haus Lone Pine Condos Redwood Condo Association Villa of Aspen Townhouses Harris Hall, Music School Aspen Mountain Condos Mc Donald's Thrift Shop Butcher's Block Hotel Aspen Annabelle Hickory House Aspen Consolidated Sanitation Aspen Meadows Aspen Sky Hotel Powderhouse Condos Hearthstone House Park Place Condos Aspen Valley Hospital Cazinthia Corp Prada Wienerstube Herron Condo Assoc Little Star Foundation The Villager Lulu Wilson Restaurant Wheeler Square Bldg -John Olson 1 2007 Additions: (Mill St Plaza) Brunolleschi's, Aspen Goldsmith, Aspen Pure, Aspen Signature Props, Cache Cache, Campo de Fiore, C.W. Jewelers, Don Lucas Jewelers, Etar, Jimmy's, Louis Vitton, M&W Properties, Paris Underground, Red Spa, Royal Gallery, Verizon Wireless (411 E Main) Cantina, Gusto, Asie, Salon, Magazine, other Offices (Clark's Plaza) Clark's, Sashae, Take 2 Video, Verizon, Mail Boxes, Bagel Bites, Aspen Wine & Spirits, Toppers, Alpine ACE Hardware, Danyon Cleaners (Red Onion Alley) Artee, The Ute Mountaineer, Ben & Jerry's, Takah Sushi, Alder Furs, Aspen Sports, Durance, Vintage, Red Onion, Poster Shop, La Dolce, Noori's, Aspen Eye, Sotheby's, Kemo Sabe, Antique Store, Ritz, Elliot Yeary Gallery, Morris & Fyrwall RE, Weaver & Lester, Nugget Media, Paragon Enterprises, Global Cyber Access, Ripple Resort Media, Radiant Health, Stock Doc -Asp Ventures, Club Chelsea, Rare Optics, Harmony, NY Pizza (Brand Alley) Dior, Distractions/J Mendel, Chase, Houston & Gorog, Merrill Lynch, Five Star Destinations, Wolf Camera, Bocellati, Caribou Alley, Bvlgari, Fendi, Brioni, Frette Imelda's, Marolt Public Accts, Footloose, Kruger & Co Real Estate, NL Kids, Accessories hair to tote, Aspen Leaf Soap Factory, Cooper Walker RE, Hillis Fur, Aspen Fine Art Gallery, Affinity Furs, The Columbine, Huntsman Gallery, Valley Fine Art, Cooking School of Aspen, CB Paws, Zocalito, The Innsbruck, Curious George, Fly Lounge, Psychic Reading, Quicksilver, Aspen Peak Boutique, Albert Kern Attorney, Ultimate Salon, Dish Aspen, E.S. Lawrence Gallery, Baldwin Gallery Brand Bldg/Apts, Gucci Attachment E: Key Elements to Aspen's Recycling Ordinance (1) Including Recycling in the basic rate of trash service: This provision requires waste haulers to include recycling pick-up in their basic trash service rate for all their customers, residential and commercial. By having this requirement throughout Aspen for both residential and commercial customers, neither sector is carrying more of the burden. Businesses and residents that divert large volumes of recyclable materials can reduce their waste disposal costs by needing fewer trash pickups. (2) Volume based pricing: Customers are charged by a base unit of trash volume no more than 32 gallons; making residential trash aPay-As-You-Throw system. This way, customers who generate less trash pay less, so there is an incentive to recycle more and reduce the amount of trash. It has been demonstrated in communities across the country that volume based pricing encourages trash reduction and recycling. The base volume unit is 32-gallons (a traditional trash can size). The amount charged per container is determined by the waste hauler. Without volume based pricing, residents who recycle and reduce their waste generation subsidize costs for customers who don't recycle. (3) No Yard waste in regular trash: This provision insures that the community's yard waste does not fill up the County Landfill. The City recommends the use of several free alternatives, including backyard composting, mulching mowers, taking yard waste for free to the landfill compost center, and using the residential yard waste drop-off site at the Rio Grande recycling center. Attachment F: Benefits of Recycling The U.S. is 5% of the world's population, but uses 25°/n of its natural resources and generates 30% of the world's garbage! 80% of what we make is thrown away within 6 months. (eeoeyele.°rg> Energy saved by using recycled instead of raw materials to manufacture: cErAl • Glass - 40% • Aluminum - 95% (75% • Steel - 60% when recycled back into • Newspaper - 40% aluminum beverage cans) • Plastics - 70% PAPFR STRRi./ALIiMiNiIM GLACS Recycling 1 ton of paper: Recycling aluminum saves about: • Recycling glass • Saves 17 trees • 90-95% energy reduces air pollution • Enough oil to run the • 95% air and water pollution by 20% and water average car 1,260 (EPA) pollution by 50% miles (2 barrels) compared to using • Enough power for virgin materials. 1 ton the average home for of glass made from 6 months (4,100kw) 50% recycled (EPA) ma[edals saves 250 lbs. of mining waste EPA . Making paper from recycled • The energy saved each year by Glass can be reused content rather than virgin steel recycling =enough energy an infinite number of fiber creates: to last LA residents 8 yrs, or the times; over 41 billion • 74% less air electrical power used by 18 mil glass containers are pollution homes each year. (EPA) made each year • 35% less water (EPA) pollution • 55% less water usage • 60-70% Tess energy (EPA) Environmental Defense • Energy to make 1 aluminum can • Recycling one glass estimates that if the entire US from bauxite ore =energy to container saves catalog industry switched its make 20 recycled aluminum enough energy to publications to just 10% cans. (EPA) light a 100-watt bulb recycled content paper, the • Americans throw away enough for 4 hours (EPA) savings in wood alone would aluminum to rebuild our entire be enough to stretch a 6 foot commercial fleet of airplanes fence across the US 7 times every 3 months. (EPA) Ordinance NO.~~ (Series 2008) AN ORDINANCE AMENDING CHAPTER TWELVE OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO TO ENCOURAGE RECYCLING BY BUSINESSES AND RESIDENTS WHEREAS, The City Council of the City of Aspen finds that a significant reduction of the volume of solid waste and a corresponding increase in the volume of Recyclable Materials generated by citizens and businesses in the City would benefit the public welfare by reducing the consumption of important, non-renewable natural resources and by saving energy and reducing greenhouse gas emissions; and, WHEREAS, increasing recycling and reducing trash volumes will extend the life of the Pitkin County landfill as long as possible, thereby protecting city residents from future large cost increases when the landfill closes and trash must be transported to distant landfills; and, WHEREAS, The City Council's intent in enacting this ordinance is to decrease the amount of solid waste and increase waste reduction and recycling practices by the citizens of and businesses located in the City; and, WHEREAS, the Aspen City Council desires to ensure that Aspen demonstrates leadership and excellence in environmental practices including increasing the community's recycling volumes and decreasing volumes ofnon-recycled trash; and, WHEREAS, the Aspen City Council recognizes the ordinance has led to increased recycling rates in the last three years and the continuation of the ordinance will have similar effects; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 12.06 of the Municipal Code of the City of Aspen, Colorado is hereby repealed and reenacted to read as follows: Chapter 12.06 WASTE REDUCTION Sec. 12.06.010. Definitions. For purposes of this Section, the following terms shall have the meanings ascribed to them: Audit Card shall mean a cazd that waste Haulers give to customers who have included banned Yard Waste in their gazbage or who have failed to properly sort their Recyclable Materials. Commercial Customer shall mean any premises utilizing collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day caze centers, offices, nursing homes, clubs, churches and public facilities. Hauler means any person in the business of collecting, transporting or disposing of garbage or trash for another, for a fee, in the City. Multi-Family Customer means the occupants, taken together, of a residential building or set of residential buildings who use a collective, common system for the collection of garbage generated by the occupants. Recyclable Materials means any materials that are designated by the City Manager in the "Recyclable Materials List" which may include, but aze not limited to, newspaper, office paper, cardboard, glass containers, plastic containers, steel cans and aluminum cans. Residential Customer means every occupant of a residential building or set of residential buildings who receives periodic garbage collection service, and who does not use a collective, common system for the collection of gazbage generated by the occupants. Yard Waste shall mean materials generated from the maintenance of the vegetation on a property that have been designated by the City Manager in the "Banned Yazd Waste List" which may include, but are not limited to, grass clippings, leaves, weeds, holiday trees and other plant materials. (Ord. No. 26, 2005, § 1) Sec. 12.06.020. Exemptions. The following persons are exempt from the provisions of this Chapter: (A) Any person or agent thereof who transports to the landfill only the garbage that person generates. (B) Any person who transports only liquid wastes (such as restaurant grease), discazded or abandoned vehicles or parts thereof, discarded home or industrial appliances, household hazardous wastes or hazardous materials as defined in the rules and regulations adopted by the United States Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq. (C) Any Commercial Customer who has received an exception pursuant of this chapter may continue to be exempt provided he or she proves he or she transports his or her cazdboazd recycling to the Rio Grande Recycling Center or Pitkin County Materials Recovery Facility. Such exemption shall be granted upon satisfactory demonstration to the Environmental Health Department that said customer: (i) Is taking his or her recyclable cazdboazd to the Rio Grande Recycling Center or Pitkin County Materials Recovery Facility; z (ii) Is not allowing recyclable cardboard to be placed in trash containers; and (iii) Complying with the requirements of section 12.06.030 would be unduly burdensome to the applicant. Sec. 12.06.030. Hauler requirements. (A) No person shall operate as a solid waste Hauler within the city limits without first obtaining a business license from the City. In order to receive a City business license, a solid waste Hauler must comply with the requirements of this Chapter. (B) Except for customers exempt from the provision pursuant to Section 12.06.020 above, Haulers providing trash service in the City shall include in the base rate for trash pickup service the pickup of Recyclable Materials as designated by the City Manager in the Recyclable Materials List. It shall be unlawful for Haulers to provide a separate line item for the cost of recycling services on any invoice, contract, or other document that is delivered to the customer, or to deduct any amount from a customer's rate if the recycling services are not used unless the customer has received an exemption from the Environmental Health Depaztment. (C) The collection of recyclable materials for residential customers shall be provided on the same day and upon the same frequency as trash pickup. (D) Haulers shall provide collection of recyclable materials for multi-family and commercial customers as often as necessary to prevent the overflow of the recycling containers and to permit the customer to use the recycling containers without causing an overflow. (E) Any person licensed to operate as a solid waste Hauler within the City shall chazge all Residential Customers on the basis of volume of trash collected, which shall be measured by the volume capacity of the container used by the customer. All charges shall be based upon units of volume no greater than thirty-two (32) gallons. The chazge for the second unit shall be no less than the charge for the first unlit of volume. The charge for each subsequent unit of volume shall be no less than the charge for the first unit of volume. (F) In offering or arranging for services, a Hauler shall provide reasonable notice of the full range of container sizes or levels of services offered by the Hauler, and shall provide to each customer that customer's requested container size or level of service. (G) Each Hauler shall submit a bi-annual report to the city manager of the weight in tons of garbage, trash, Recyclable Materials (as determined by the City Manager in the Recyclable Materials List pursuant to 12.06.040) and Yard Waste materials collected within the limits of the City. For loads that contain garbage or Recyclable Materials originating in part from within the limits of the City, and in part from outside the limits of the City, the reported quantity maybe estimated by the Hauler but must use the standardized formula provided by the City of Aspen which shall include the use of both the scale tickets and customer route sheets, and reported as an estimate. Bi-annual reports shall be submitted by Januazy 31 and July 31 using a form or forms provided by the Environmental Health Director. Included in this form shall be a standardized formula for volume estimations, a description of the approved data collection methods and a section for the hauler to 3 describe any assumptions used in the data collection process. All reports shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. (H) Nothing in this Section shall be construed as prohibiting any Hauler from providing sepazate pricing for special collection of bulky items, Yard Waste, contaminated recyclables, unscheduled pick-up of trash, extra volumes of trash, such as bags, boxes or bundles, or more than what was subscribed with a Hauler for trash. (I) Except for materials that customers have not properly prepared for recycling and so are grossly contaminated (fifteen percent [ 15%J or more of trash), Haulers may not dispose of Recyclable Materials set out by recycling customers by any means other than at a recycling facility that sorts, packages and otherwise prepares Recyclable Materials for sale. (i) Haulers must notify customers of any grossly contaminated Recyclable Material with an Audit Card with wording provided by the Environmental Health Department. The Environmental Health Department, once notified by the customer, will determine if recyclable material may be cleaned and picked up as recycling, or determined to be trash, and then contact the Hauler to approve the collection, which the Hauler may choose to pick up at the next scheduled pickup and which may incur a chazge for an extra trash pickup. (J) Haulers shall notify customers of the provisions of this Chapter by a letter reasonably acceptable by the City of Aspen: (i) Upon the initial provision of solid waste collection services to new customers, (ii) Ninety days prior to any deadline such as the date for existing customers to notify the hauler if they wish to opt out, and (iii) On or before December 31 of each year for existing customers Haulers will also provide within the above reference letter information on the materials designated for recycling collection pursuant to 12.06.040 and such rules and regulations as established by the Hauler for the orderly collection of Recyclable Materials as authorized pursuant to 12.06.050(b). Such notice shall further include for Residential Customers the notification of the variable rate system employed by the Hauler, and shall be in a form reasonably acceptable to the City to ensure that customers are fully informed of the availability of recycling and level of service options. For group accounts, the notices required herein may be sent to the group representative for said account, provided that such notice shall further notify said representative of its obligation to notify all individual customers or users of the service within the group of the availability of recycling services. On or before January 31 of each yeaz, the Hauler shall deliver to the Environmental Health Director a true and correct copy of the notification sent to each customer type, i.e. Residential, Multi-family or Commercial, on or before December 31 of the previous year. (K) Haulers shall not pick up trash that contains banned Yazd Waste materials. Haulers shall notify customers of the ban with an Audit Cazd with wording provided by the Environmental Health Department. The Environmental Health Department, once notified by the customer, will determine when the customer has removed the contaminating materials and then contact the Hauler to approve the collection of the trash, which the Hauler may choose to pick up at the next scheduled pickup or which may incur a charge for an extra pickup. (Ord. No. 26, 2005, § 1) Sec. 12.06.040.Designation of Recyclable Materials and Banned Yard Waste Materials. (A) The Recyclable Materials that haulers are required to pick up shall be set forth in the City's "Recyclable Materials List," which shall be prepazed and amended from time to time by the City Manager. The Recyclable Materials List shall be developed after consultation with the Pitkin County Landfill Director/Manager, the Environmental Health Director and representatives of the licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. (B) The Yard Waste material that is required to be separated from trash shall be set forth in the City's "Banned Yazd Waste List," which shall be prepared and amended from time to time by the City Manager. The Banned Yard Waste List shall be developed after consultation with the Pitkin County Landfill Manager, the Environmental Health Director and licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. (Ord. No. 26, 2005, §1) Sec. 12.06.OSO.Placement of Recyclable Materials and Yard Waste for pickup. (A) All recyclables and Yard Waste accumulated on any premises shall be placed in a container separate from garbage, or in a suitable manner such as cardboazd broken down and placed on a shelf. (B) Recycling containers for storing and setting out Recyclable Materials may be of any color or design as long as they do not interfere with industry-accepted requirements for the prepazation of materials for recycling that aze necessary to provide for the orderly collection of Recyclable Materials. (Ord. No. 26, 2005, § 1) Sec. 12.06.060.Educational materials. (A) The Environmental Health Department shall provide an annual summary of waste and recycled material totals collected in the City, and shall report on other measures of success and aspects of this Chapter. (B) The City will provide wording for Audit Cards that the Haulers must use to notify their customers of contamination of Yard Waste in trash and contamination of trash in recyclables. In addition, the City will produce an educational flyer, not to exceed one (1) sheet of paper in length. Haulers shall distribute this educational flyer at least once a yeaz to all their customers, that may be at the same time as materials sent out under Subsection 12.06.030(j) above. The City will consult with the Haulers about the educational flyer prior to distributing it to the Haulers. (Ord. No. 26, 2005, § 1) Sec. 12.06.070.Audits and violations. (A) Each Hauler licensed pursuant to this Chapter shall maintain accurate and complete records of the services provided to all customers, the charges to such customers and payments received, the form and recipients of any notice required pursuant to this Chapter, and any underlying records, including any books, accounts, contracts for services, written records of individual level of service requests, invoices, route sheets or other records necessary to verify the accuracy and completeness of such records. It shall be the duty of each Hauler to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records, except for paper records of route sheets, which may be discazded one (1) yeaz after the end of the calendar yeaz of such route sheets. (B) If requested, each Hauler shall make its records available for audit by the City Manager during regular business hours in order for the City to verify Hauler compliance with the provisions of this Chapter. All such information shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. (C) Violation of any provision of this Chapter by any person, firm or corporation, whether as Hauler, owner or occupant, shall be unlawful and subject to the penalty provisions in Section 1.04.080 of this Code. Each violation shall constitute a separate offense. (Ord. No. 26, 2005, § 1) 6 Chapter 12.06 WASTE REDUCTION Sec. 12.06.010. Definitions. For purposes of this Section, the following terms shall have the meanings ascribed to them: Audit Card shall mean a card that waste Haulers give to customers who have included banned Yazd Waste in their garbage or who have failed to properly sort their Recyclable Materials. Commercial Customer shall mean any premises utilizing collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day caze centers, offices, nursing homes, clubs, churches and public facilities. Hauler means any person in the business of collecting, transporting or disposing of garbage or trash for another, for a fee, in the City. Multi-Family Customer means the occupants, taken together, of a residential building or set of residential buildings who use a collective, common system for the collection of gazbage generated by the occupants. Recyclable Materials means any materials that are designated by the City Manager in the "Recyclable Materials List" which may include, but aze not limited to, newspaper, office paper, cardboard, glass containers, plastic containers, steel cans and aluminum cans. Residential Customer means every occupant of a residential building or set of residential buildings who receives periodic garbage collection service, and who does not use a collective, common system for the collection of gazbage generated by the occupants. Yard Waste shall mean materials generated from the maintenance of the vegetation on a property that have been designated by the City Manager in the "Banned Yard Waste List" which may include, but aze not limited to, grass clippings, leaves, weeds, holiday trees and other plant materials. (Ord. No. 26, 2005, § 1) Sec. 12.06.020. Exemptions. The following persons are exempt from the provisions of this Chapter: (A) Any person or agent thereof who transports to the landfill only the gazbage that person generates. (B) Any person who transports only liquid wastes (such as restaurant grease), discazded or abandoned vehicles or parts thereof, discazded home or industrial appliances, household hazazdous wastes or hazazdous materials as defined in the rules and regulations adopted by the United States Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq. t (C) Any Commercial Customer who has received an exception pursuant of this chapter may continue to be exempt provided he or she proves he or she transports his or her cazdboazd recycling to the Rio Grande Recycling Center or Pitkin County Materials Recovery Facility e~ex3g6iea. Such exemption shall be granted upon satisfactory demonstration to the Environmental Health Department that said customer: (i) Is taking his or her recyclable cazdboard to the Rio Grande Recycling Center or Pitkin County Materials Recovery Facility; (ii) Is not allowing recyclable cardboard to be placed in trash containers; and (iii) Complying with the requirements of section 12.06.030 would be unduly burdensome to the applicant. /:\ Cn:A n .n4.......~ln nn..A1...n..A : :n1...A . « 1... n IIn..ln~ n ~nLn A...., nn:A n .nL.....e1n trash-hauler-e; nd /::\ Tl.n n .na,.....,.~ :n .. n4 nll,....:«.. «..,...,.inl.ln .. n..Al.,.n~A •,. l.n «1nnnA :« t«.n6 n....Ln:.. e.n , , Sec. 12.06.030.Hauler requirements. (A) No person shall operate as a solid waste Hauler within the city limits without first obtaining a business license from the City. In order to receive a City business license, a solid waste Hauler must comply with the requirements of this Chapter. (B) Except for customers exempt from the provision pursuant to Section 12.06.020 above, Haulers providing trash service in the City shall include in the base rate for trash pickup service the pickup of Recyclable Materials as designated by the City Manager in the Recyclable Materials List. It shall be unlawful for Haulers to provide a separate line item for the cost of recvcline services on any invoice, contract, or other document that is delivered to the customer, or deduct any amount from a customer's rate if the recycling services aze not used unless the customer has received an exemption from the Environmental Health Departrnent. (C) The collection of recyclable materials for residential customers shall be provided on the same day and upon the same frequency as trash pickup. (D) Haulers shall provide collection of recyclable materials for multi-family and commercial customers as often as necessary to prevent the overflow of the recycling containers and to permit the customer to use the recycling containers without causing an overflow. (E) Any person licensed to operate as a solid waste Hauler within the City shall chazge all Residential Customers on the basis of volume of trash collected, which shall be measured by the volume capacity of the container used by the customer. All charges shall be based upon units of volume no greater than thirty-two (32) gallons. The chazge for the second unit shall be no less than the charge for the first unit of volume. The chazge for each subsequent unit of volume shall be no less than the charge for the first unit of volume. (F) In offering or arranging for services, a Hauler shall provide reasonable notice of the full range of container sizes or levels of services offered by the Hauler, and shall provide to each customer that customer's requested container size or level of service. (G) Each Hauler shall submit a bi-annual eHnael report to the city manager of the weight in tons e~is-yards of gazbage, trash, Recyclable Materials (as determined by the City Manager in the Recyclable Materials List pursuant to 12.06.040) and Yard Waste materials collected within the limits of the City. For loads that contain garbage or Recyclable Materials originating in part from within the limits of the City, and in part from outside the limits of the City, the reported quantity may be estimated by the Hauler but must use the standardized formula arovided by the City of Aspen which shall include the use of both the scale tickets and customer route sheets and reported as an estimate. Bi-annual reports shall be submitted by January 31 and July 31 using a form or forms provided by the Environmental Health Director. Included in this form shall be a standardized formula for volume estimations, a description of the aunroved data collection methods and a section for the hauler to describe anv assumations used in the data collection urocess. All reports shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. (H) Nothing in this Section shall be construed as prohibiting any Hauler from providing separate pricing for special collection of bulky items, Yazd Waste, contaminated recyclables, unscheduled pick-up of trash, extra volumes of trash, such as bags, boxes or bundles, or more than what was subscribed with a Hauler for trash. (I) Except for materials that customers have not properly prepazed for recycling and so aze grossly contaminated (fifteen percent [ 15%] or more of trash), Haulers may not dispose of Recyclable Materials set out by recycling customers by any means other than at a recycling facility that sorts, packages and otherwise prepazes Recyclable Materials for sale. (i) Haulers must notify customers of anv grossly contaminated Recyclable Material with an Audit Card with wording provided by the Environmental Health Department. The Environmental Health Department, once notified by the customer, will determine if recyclable material may be cleaned and picked up as recycling, or determined to be trash, and then contact the Hauler to aparove the collection, which the Hauler may choose to pick up at the next scheduled pickup and which may incur a charge for an extra trash pickup. (J) Haulers shall notify customers of the provisions of this Chapter by a letter ~evided reasonably acceptable by the City of Aspen: (i) Upon the initial provision of solid waste collection services to new customers, (ii) Ninety days prior to any deadline such as the date for existin¢ customers to notify the hauler if thev wish to opt out. and (iii) On or before December 31 "'~° • °` °a°°«~°° °` `'-° °""°°"°° °°'""°`' ''°'°'" of each vear for egistin¢ customers Haulers will also provide within the above reference letter information on the materials designated for recycling collection pursuant to 12.06.040 and such rules and regulations as established by the Hauler for the orderly collection of Recyclable Materials as authorized pursuant to 12.06.050(b). Such notice shall further include for Residential Customers the notification of the vaziable rate system employed by the Hauler, and shall be in a form reasonably acceptable to the City to ensure that customers aze fully informed of the availability of recycling and level of service options. For group accounts, the notices required herein may be sent to the group representative for said account, provided that such notice shall further notify said representative of its obligation to notify all individual customers or users of the service within the group of the availability of recycling services. On or before January 31 of each year, the Hauler shall deliver to the Environmental Health Director a true and correct copy of the notification sent to each customer type, i.e. Residential, Multi-family or Commercial, on or before December 31 of the previous year. (K) Haulers shall not pick up trash that contains banned Yard Waste materials. Haulers shall notify customers of the ban with an Audit Card with wording provided by the Environmental Health Department. The Environmental Health Department, once notified by the customer, will determine when the customer has removed the contaminating materials and then contact the Hauler to approve the collection of the trash, which the Hauler may choose to pick up at the next scheduled pickup or which may incur a charge for an extra pickup. (Ord. No. 26, 2005, § 1) Sec. 12.06.040.Designation of Recyclable Materials and Banned Yard Waste Materials. (A) The Recyclable Materials that haulers aze required to pick up shall be set forth in the City's "Recyclable Materials List," which shall be prepazed and amended from time to time by the City Manager. The Recyclable Materials List shall be developed after consultation with the Pitkin County Landfill Director/Manager, the Environmental Health Director and representatives of the licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. (B) The Yazd Waste material that is required to be sepazated from trash shall be set forth in the City's "Banned Yazd Waste List," which shall be prepazed and amended from time to time by the City Manager. The Banned Yard Waste List shall be developed after consultation with the Pitkin County Landfill Manager, the Environmental Health Director and licensed Haulers operating within the City, as well as the public, and shall be available for review on the City's Environmental Health Department website. (Ord. No. 26, 2005, § 1) Sec. 12.06.OSO.Placement of Recyclable Materials and Yard Waste for pickup. 4 (A) All recyclables and Yazd Waste accumulated on any premises shall be placed in a container separate from garbage, or in a suitable manner such as cazdboazd broken down and placed on a shelf. (B) Recycling containers for storing and setting out Recyclable Materials may be of any color or design as long as they do not interfere with industry-accepted requirements for the prepazation of materials for recycling that are necessary to provide for the orderly collection of Recyclable Materials. (Ord. No. 26, 2005, §1) Sec. 12.06.060.Educational materials. (A) The Environmental Health Department shall provide an annual summary of waste and recycled material totals collected in the City, and shall report on other measures of success and aspects of this Chapter. (B) The City will provide wording for Audit Cazds that the Haulers must use to notify their customers of contamination of Yard Waste in trash and contamination of trash in recyclables. In addition, the City will produce an educational flyer, not to exceed one (1) sheet of paper in length. Haulers shall distribute this educational flyer at least once a yeaz to all their customers, that maybe at the same time as materials sent out under Subsection 12.06.030(j) above. The City will consult with the Haulers about the educational flyer prior to l~ distributing it to the Haulers. (Ord. No. 26, 2005, §1) Sec. 12.06.070.Audits and violations. (A) Each Hauler licensed pursuant to this Chapter shall maintain accurate and complete records of the services provided to all customers, the charges to such customers and payments received, the form and recipients of any notice required pursuant to this Chapter, and any underlying records, including any books, accounts, contracts for services, written records of individual level of service requests, invoices, route sheets or other records necessary to verify the accuracy and completeness of such records. It shall be the duty of each Hauler to keep and preserve all such documents and records, including any electronic information, for a period of three (3) yeazs from the end of the calendar year of such records, except for paper records of route sheets, which may be discazded one (1) yeaz after the end of the calendaz year of such route sheets. (B) If requested, each Hauler shall make its records available for audit by the City Manager during regulaz business hours in order for the City to verify Hauler compliance with the provisions of this Chapter. All such information shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. (C) Violation of any provision of this Chapter by any person, firm or corporation, whether as Hauler, owner or occupant, shall be unlawful and subject to the penalty provisions in Section 1.04.080 of this Code. Each violation shall constitute a sepazate offense. (Ord. No. 26, 2005, § 1) ,.,.a:4:.,,t t.,,..,,:« .....,t.:,.t. « :..,e .t,,. r:«.. r,...« ,.n ..>,..n ., a«a «a ,, e„t a,:.. e e > ~ ( t...we.. in.a ter,. ~~ ~n > nc ate > Vlttc MEMORANDUM TO: Mayor and City Council FROM: Tim Ware, Director of Parking THRU: Randy Ready, Assistant City Manager DATE OF MEMO: July 3, 2008 MEETING DATE: July 28, 2008 RE: Residential Parking Ordinance Amendment REQUEST OF COUNCIL: The Transportation and Parking Department is requesting an amendment to the Aspen Municipal Code section 24.16.180 Time Restricted Pakking Areas in Residential Permit Zones to allow only up to two hours of pazking per weekday in residential zones within three blocks of the commercial core without a permit or a daily pazking pass. PREVIOUS COUNCIL ACTION: City Council enacted the original Residential Permit Pakking Program as part of the comprehensive Transportation and Parking Plan in 1995. The original ordinance allowed up to two hours of free parking in the residential zones, with holders of residential, residential guest, handicap, lodge guest or $3 day pass permits exempt from the two hour time limit. Shortly after implementation of the program during the winter of 1995, the boundazies of the residential pazking zones were expanded to 7`h Street. In 2002 the day pass parking fee was increased to $5. During spring 2006 City Council discussed implementation of new residential parking regulations that would have eliminated the two hours of free pazking in residential zones and would have required payment of $1 per hour or $5 per day to pazk in the residential zones within three blocks of the commercial core. A majority of the council at that time had concerns about the expansion of paid parking or about the implementation timing prior to the development of additional transit incentives. The residential pazking revisions proposed as part of Ordinance 17 of 2006 were defeated on a 2-3 vote on May 8, 2006. During fa112007 City Council again discussed implementation of new residential pazking regulations similaz to the currently-proposed amendments that would have continued to allow up to two hours of parking in the residential zones but that would have required payment to park beyond the two hour limitation throughout the residential permit parking zones. Ordinance 39 of 2007 increased the residential day pass fee to $7. However, Ordinance 40 of 2007 was withdrawn before 2"d Reading in order to allow staff time to conduct further research into the Page 1 of 5 most appropriate technological means to implement any pazking system expansion and to further coordinate implementation with RFTA and the bus lane construction project. In January, 2008 staff returned to City Council with the results of the reseazch and a package of options to help reduce the number a vehicles moving azound to avoid the two hour pazking limit within the residential pazking zones (Attachment A). Council directed staff to prepare an ordinance amendment that would continue to allow up to two hours of free pazking in a residential zone. However, parking for more than two hours in the residential zones within three blocks of the commercial core would no longer be available without a permit or daily parking pass. Commuters and other drivers who must park for longer than two hours would have the option of purchasing residential day passes for $7/day. Vehicles displaying carpool, residential, lodge guest or other valid permits would be exempt from the two hour limitation. New license plate recognition technology would replace the current tire chalking system, increasing the efficiency of parking enforcement via electronic "chalking" of vehicles. BACKGROUND: In 1995, the City of Aspen implemented the parking management program in the Commercial Core and the Residential Permit Parking areas. This program included several payment and permit options to address the diverse needs of many different types of customers. Staffls primary focus was on implementing programs that would help reduce levels of traffic and improve pedestrian friendliness in town during the peak seasons. A number of pazking program modifications have been offered for consideration as potential measures for reducing pazking occupancy, encouraging transit ridership and increasing revenue generation for TDM programs. The purpose of the current residential parking permit program was to prevent spillover pazking from the Commercial Core into residential aeeas once the paid parking component was put into place. The residential program allows for up to two hours of pazking without a permit Monday through Friday 8:OOam - 6:OOpm. Residents are issued permits that exempt their vehicles and their guest's vehicle from the weekday time restrictions. However, staff has found that despite residential zone enforcement and other discouragement of the shuffling of vehicles every two hours to avoid a parking ticket, over 50% of the vehicles in the two-hour residential parking zones (between 300-600 vehicles per day, depending on the season) aze simply moving their vehicles about every two hours. They aze in technical compliance with the current pazking ordinance, but this "two-hour shuffle" undercuts the primary transportation goals of the community to decrease traffic and parking congestion, improve the quality of life and quality of the guest experience, and improve air quality. At the January 2008 work session Council directed staff to proceed with an amendment Aspen Municipal Code section 24.16.180 Time Restricted Parking Areas in Residential Permit Zones. DISCUSSION: Pazking staff would like Council to consider modifications to Aspen Municipal Code section 24.16.180 Time Restricted Pazking Areas in Residential Permit Zones as follows: Page 2 of 5 Cunent Ordinance In any azea designated as a residential permit zone, which is posted as Time Restricted with certain permits exempt, it shall be unlawful for any person to park any motor vehicle on the street longer than the posted time limit unless there is a valid and properly- displayed permit on the vehicle corresponding to the permits which aze posted exempt; provided however, that the provisions of this section shall not apply to emergency, government, delivery, or service vehicles while engaged in such delivery or service. Proposed Ordinance In any azea designated as a residential permit zone, which is posted as Time Restricted with certain permits exempt, it shall be unlawful for any person to pazk any motor vehicle on the street longer than the posted time limit or to re park the same vehicle within the same residential permit zone area as designated by the City Manager on the same weekday between the hours of 8 a.m. and 6 p.m. unless there is a valid and properly- displayed permit on the vehicle corresponding to the permits which are posted exempt; provided however, that the provisions of this section shall not apply to emergency, goverment, delivery, or service vehicles while engaged in such delivery or service. Consistent with City Council direction the affected "residential permit zone area" will involve the residential zones extending three blocks in each direction from the Commercial Core. The proposed ordinance is worded in such a way that would allow administrative expansion or retraction of the affected azeas within the residential permit zones as deemed necessary by the City Manager, in consultation with City Council. Staff has been in discussion with RFTA staff concerning the recommended timing for implementation of the residential pazking code amendments. The currently-proposed parking changes are substantially different from the earlier concepts that were discussed in 2006 and 2007. The current proposal would continue to allow up to 2 hours of free pazking in the residential zones. After that, within a 3-block area surrounding the core, people would need to remove their vehicles from that zone or pay the $7 daily parking fee. While the impacts of these proposed changes on bus ridership have yet to be seen, it is safe to say that the effects of the currently-proposed changes will be more modest than program changes that would have done away with 2 hours of free parking or that would have involved the entire residential zones. Further, staff understands that significant numbers of the cars that are now "shuffling" in residential zones to avoid parking tickets belong to local residents. So, not all of the transit ridership increase would be on the valley system. With that in mind, City and RFTA staffs recommend a FEBRUARY 2, 2009 effective date of the new regulations. February 2 is the first Monday in February-well after the holidays and a week after the end of the X-Games. That would allow an opportunity to see how gas prices, free bus service between Aspen and Snowmass, the new bus lanes, RFTA driver and mechanic hiring, the economy, snow conditions, etc. are affecting RFTA's ability to accommodate ridership demand. . If RFTA capacity is deemed inadequate based on ridership conditions in December and January, the residential parking changes could be postponed beyond the February date. However, February implementation would allow some winter-season experience with the new regulations, Page 3 of 5 with a report on the first few months of the new program to be included in the planned spring 2009 series of transportation open houses. FINANCIALBUDGET IMPACTS: These pazking code amendments would require new signs to be placed in the affected areas at a cost of approximately $10,000.00. The License Plate Recognition (LPR) system with two field units and software will cost $98,600. The cost for fifteen new pay-and-display stations to serve as day pass dispensers in the residential zones will be $250,000. City Council will see separate contracts for the LPR system and pay stations. Staff will continue to look into alternative ways to dispense day passes in addition to or instead of the pay stations. In the event that the pay stations were no longer necessary in the residential azeas they would be used as replacements for the commercial core pay stations as needed. Total cost for implementation of the residential zone parking changes would be about $360,000. No increase in staffing is required. This change to the residential zone pazking program would increase the amount of day passes sold which would generate an estimated $260,000 of additional revenue annually. While the residential parking regulations would be in effect on weekdays year-round, using a very conservative revenue calculation formula of 25% occupancy of the approximately 1500 spaces within the three blocks in residential permit zones azound the commercial core during the 140 peak days of the winter and summer seasons results in an estimated $350,000 per year in revenue. When the current revenue of about $90,000 per year from day pass sales is netted out, net new revenues from this parking code amendment would be about $260,000 per yeaz. The investment cost in the new equipment and signage necessary for the parking program change would be recovered within the first yeaz and a half of the new program operation. ENVIRONMENTAL IMPACTS: The Environmental Health Department believes these changes aze crucial to the City's efforts to reduce PM-10 pollution (over 83% of which is caused by traffic on high pollution days), carbon monoxide pollution, ozone and other vehicle pollutants, and to meet the city's commitment to capping traffic at 1993 levels. The two-hour shuffle of cars severely reduces the effectiveness of the paid parking program in encouraging mass transit use and carpooling. Given the great challenges of global warming as well as conventional air pollution, incentives for reducing vehicle trips are essential. When the paid parking program was implemented in 1995, it was believed that the "two-hour shuffle" would be ended. Not only has that not happened, but hundreds of single occupant vehicles each day are moved repeatedly, which undermines the city's efforts to promote mass transit, reduce air pollution, and meet greenhouse gas reduction goals. RECOMMENDED ACTION: The Transportation and Parking Department recommends that the City Council approve the amendments to the Aspen Municipal Code section 24.16.180 Time Restricted Pazking Areas to be effective on February 2, 2009. Council approval of this code amendment will direct staff to return for formal approval of the $10,000 supplemental appropriation for signage as part of the next supplemental appropriation ordinance. ALTERNATIVES: Council could opt to amend the ordinance or to not adopt it at this time. Page 4 of 5 PROPOSED MOTION: "I move to approve Ordinance # 19 on second reading at the July 28, 2008 City Council meeting." CITY MANAGER COMMENTS: Page 5 of 5 ORDINANCE NO. 19 Series of 2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 24.16.180 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND TIME RESTRICTED PARKING WITHIN THE RESIDENTIAL ZONES. WHEREAS, the City Council has adopted a policy of requiring users of the City of Aspen residential parking areas to adhere to all time restrictions; and WHEREAS, the City Council has determined that certain 6me restrictions currently in effect for parking on City streets need to be revised as part of the City's overall Transportation Demand Management Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24.16.180 of the Municipal Code of the City of Aspen, Colorado, which section sets the applicable time restrictions, is hereby amended to: In any area designated as a residential permit zone, which is posted as Time Restricted with certain permits exempt, it shall be unlawful for any person to park any motor vehicle on the street longer than the posted time limit or to re-park the same vehicle within the same residential permit zone area as designated by the City Manager on the same weekday between the hours of 8 a.m. and 6 p.m. unless there is a valid and properly-displayed permit on the vehicle corresponding to the pennits which are posted exempt; provided however, that the provisions of this section shall not apply to emergency, government, delivery, or service vehicles while engaged in such delivery or service. Section 2 The effective date of this ordinance shall be December 1, 2008. Section 3 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 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. A public hearing on the ordinance shall be held on the 28th day of July 2008, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 14th day of July 2008. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this 28th day of July 2008. Michael Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk MEMORANDUM TO: Aspen City Council FROM: Colin Laird, Healthy Mountain Communities Tim Ware, Director of Parking SUBJECT: Parking Policy Options DATE: Mazch 14, 2008 Overview This memorandum grows out of the recent Parking Department analysis of the impacts of current parking policies on the commercial core and adjacent residential areas. In this analysis, Pazking Department Staff found that the current pazking policies in the residential neighborhoods do not fully address the twin goals of reducing traffic levels and improving pedestrian friendliness. Despite staff s efforts, current enforcement and policies have not been able to mitigate "the two- hour shuffle" in the residential permit parking areas. ~ The purpose of this memo is to offer City Council a matrix of strategies to reach the City's Transportation Plan goals, which include: 1) To decrease traffic and pazking congestion; 2) To improve the quality of life and the quality of the guest experience; and, 3) To improve air quality.Z Through the matrix of options outlined in this memorandum, staff hopes City Council can agree on a policy direction to address the "two-hour shuffle." Staff also hopes that Council can direct and support future exploration into the growing strategies being effectively used in larger urban environments to manage parking, traffic, and congestion. An addendum to this memo places the City of Aspen's current parking policies within the larger continuum of transportation demand management policies being considered and implemented by communities in the U.S. and selected other countries. ' Parking department staff discussions. 2 Public Involvement, Understanding and Support: Lessons Learned From The City of Aspen Transportation and Pazking Plan -Parking Director Tim Waze. CITY OF ASPEN PARKING POLICY OPTIONS CITY OF ASPEN PARKING POLICY OPTIONS AND CONSIDERATIONS Parking staff would like Council to consider modifications to the residential parking program to mitigate the "two hour shuffle." Parking Officers have completed the process of collecting data on the number of vehicles parked within afour-block radius of the commercial core to determine the number of cars using residential pazking; how many of these vehicles are permitted; and how many drivers are simply moving their cars to avoid the two-hour limit. Staff has found that despite enforcement practices involving staggered routes and schedules in order to create unpredictability and discourage a shuffling of vehicles every two hours, over 50% of the vehicles in two-hour residential parking (roughly 300-600 vehicles) areas aze simply moving their vehicles whenever they aze chalked. CITY OF ASPEN TRANSPORTATION PLAN GOALS: • Decrease traffic and parking congestion, • Improve the quality of life and the quality of the guest experience, and • Improve air quality. There are a number of possible approaches to addressing this issue and probably no one solution. Consequently, this memo evaluates six policy changes, which include: 1. Status Quo 2. Implement 2 hrs max/day in any residential zone i 3. Establish Permit only zones adjacent to the core ~ Roading Pricing 4. Increase enforcement of existing regulations with License Plate Recognition technology (LPR) 5. Expand Parking Pricing Limited Residential Tolls Metering 6. Pilot Road Pricing ~ Paid Pazking These options exist on a continuum of demand-side ,~ options to manage parking and traffic congestion in . Restricted Pazking communities. Each one addresses parking and traffic ~ congestion at a different level -- from a downtown or ~ neighborhood to an entire city. As communities Transportation Education progress through this continuum, each demand side option requires additional infrastructure, staff and technology to operate. This relationship seems to be a function of using market based solutions to a public good or resource. The more access points a public resource has, the lazger the effort needed to determine access and implement a pricing and payment structure. Consequently, monitoring and ensuring payment at the Aspen Recreational Center pool (with one entrance) is easier than monitoring and ensuring access to the Roaring Fork River (with multiple access points along a 40 mile corridor). The City of Aspen has been successfully managed parking in the commercial core through paid pazking meters and transit options. This memo offers an evaluation of how the City might best CITY OF ASPEN PARKING POLICY OPTIONS approach the management of the residential parking in the three block area surrounding the commercial core. Parking Strategy Options Summary 1. Status Quo This option involves no change to current paid parking policies or program (residential permits, up to 2 hours free at a time in a space, day passes @ $~) 2. Implement 2 hrs max/day in any residential zone This option changes the two hour parking limit in residential zones to a two hour maximum daily limit. The two hour shuffle would not be allowed in residential zones. 3. Establish Permit-only zones 4. Increase enforcement of existing adjacent to the core regulations (LPR) This option would allow residenUpermit only zones This option involves the purchase of license plate surrounding the commercial core. There is a recognition (LPR) technology to more effectively physical limit to how far people will travel to move track and enforce pazking violations in the their caz multiple times a day. residential permit azeas as well as throughout town. rJ. Expand Parking Pricing-Limited 6. Pilot Road Pricing Residential Metering Road Pricing means that motorists pay directly for This option expands metered parking into driving on a particulaz road or in a particular azea. residential azea azound the commercial core. Road pricing can be used to reduce traffic congestion, and to chazge motorists directly for their roadway costs, which is fairer than current practices that result in substantial cross-subsidies.' ' Todd Littman - http://www.vtpi.org/tdm/tdm52.htm CITY OF ASPEN PARKING POLICY OPTIONS Parking Strategy Options Analysis 1. Status Quo No change in current policies, programs, and policies. From the start of the paid parking program, there has been the recognized need to ensure residential neighborhoods did not become the long term parking option for drivers looking for ways azound paid parking in the commercial core. Consequently, the city developed the residential permit program and limited pazking without a permit to two hours on weekdays. However, the "two-hour shuffle" is an indication that current policies are not adequately managing street pazking and is resulting in unnecessary traffic in search of a parking space. Staff Notes & Comments: This option has no impact on City transportation plan goals and does nothing to address the "two-hour" shuffle. 2. Implement 2 hrs max/day in any residential zone 'Phis option changes the two hour pazking limit in residential zones to a two hour maximum per day in a given zone. This policy change would prohibit the two hour shuffle and require increased enforcement. Residents and commuters have transit options to consider or they can purchase day passes, but this option does inconvenience visitors/tourists, who are less awaze of parking policies and would then need to visit City Hall to purchase a day permit. Initially, staff expects parking tickets to increase substantially. Costs: The costs associated with Option 2 involve signage changes ($50-80K) as well as additional outreach and education. Staff Notes & Comments: This option is an effective, but rigid method of addressing the two-hour shuffle and reducing traffic. However, it sacrifices visitor convenience because there aze not on-site payment options. 3. Establish Permit only zones adjacent to the core This option would convert certain heavily used residential permit parking zones neaz the commercial core into "permit-only" pazking. This option would also eliminate the two-hour parking allowance. This plan does limit parking options and present some difficulties for visitors/tourists who would be required to obtain a permit of some kind before pazking. The "convenience costs" of this option are very significant and the number of pazking tickets issued to violators can be expected to increase. Costs: The costs associated with Option 3 also involve signage changes (($50-80K) as well as additional outreach and education. CITY OF ASPEN PARKING POLICY OPTIONS Staff Notes & Comments: This option could be welcomed by residents in the neighbors it is implemented in since the only vehicles allowed to park on street would be neighbors. It is, however, the most inflexible option in terms of accommodating visitor and commuter parking needs since there is no payment option and could push the shuffle further out into other residential neighborhoods. This option doesn't help Council achieve City transportation goals effectively. 4. Increase enforcement of existing regulations (License Plate Recognition/LPR) This option focuses on enforcement and developing data to better understand parking issues within the City of Aspen. With a License Plate Recognition System (LPR), staff can collect data on how parking in the City is being used by residents, commuters, and visitors. Communities across the country aze beginning to use LPR tools to enforce and evaluate pazking policies and how they help achieve community transportation goals a License plate recognition systems use optical character recognition on images to read the license plates on vehicles. A typical system can input hundreds of vehicles per hour through an optical scanner mounted on a vehicle or a handheld device. Each time the unit reads a license plate, it is matched with a database of parked vehicles for the day (or multiple days) and alerts the parking officer to a match if the vehicle is in violation of the two hour limit or whatever policy is in place. License plate information becomes part of a Parking Department database that overtime, can be used to better spot trends and challenges to parking policies.s This technology eliminates tire chalking as well as the ability of the vehicle owner simply spin their wheels or rub the chalk off their tires. The technology is faster than chalking as well. Pazking staff can cover and monitor much larger azeas in a much shorter time than using the chalk method. nIn some communities, the time to cover a pazking district has been cut by over 60% 6 " City of Seattle, Office of the City Auditor. Response to the Statement of Legislative Intent: Pazking Enforcement Effectiveness, 2005. http://wwwseattle.gov/audit/docs/2005-02%20Parking%20Enforcement%20SLLpdf 5 What is ALPR? http://www.platescan.com/work/alpr.asp e City of Seattle, Office of the City Auditor. 2005 CITY OF ASPEN Costs.• The costs for a LPR system are roughly $70,000 depending on the provider. There are a number of providers of this technology. Maintenance and support is roughly $15,000 annually.s Staff Notes & Comments.• License Plate Recognition is a powerful tool to enforce and manage parking. It is much more reliable that baz code scanners because bar codes tend to be inside a vehicle, which can make reading the bar code difficult due to the curvature and tint of the window, as well as issues with reflection and sunlight. There do not seem to be any cities moving to bar code technology.9 Increasing pazking enforcement by increasing personnel is a challenging option and cost prohibitive given the tight job market, the high cost of housing and long commute times. LPR would increase the efficiency of current pazking field staff and help increase the understanding of how user groups park in Aspen.10 LPR is a complimentary technology that is SCM790 a crucial part implementing options 2, 3, and 6 and could become a key tool is helping the City of Aspen achieve its transportation goals. 5. Expand Parking Pricing-Limited Residential Metering ' Prices vary depending on the number of camera installed on a vehicle, whether GPS is included, etc. s City of Davis, CA. http://www.city.davis.ca.us/meetings/councilpackets/20050517/04A_Auto_Find.pdf 9 City of Seattle, Office of the City Auditor. 2005 10 For instance, the Parking Department could annually run a check of the zip code/community of license plates in the database to better understand how residents, commuters, and visitors are parking in Aspen. PARKING POLICY OPTIONS city of Secramento Police Departmont 6 Onke: 10/5/2006 Time: 4:39 PM Lncatten: N3832060 W32129637 AlertType: CITY OF ASPEN This option expands the current multi- space meter paid parking system into the residential neighborhoods surrounding the commercial core. The paid pazking area would expand approximately three blocks in each direction from the commercial core and include about 1500 parking spaces (see the blue shaded areas in the attached map). The plan would prevent shuffling and individuals could pay for multiple hours on site. This option would replace the current two hour parking restriction and could work as follows: PARKING POLICY OPTIONS a` v ~ ~-~-' • $1.00 per hour Monday through Friday IO:OOam - S:OOpm. ^ Full day passes from the meter would be $7.00 per day ^ Residential, Guest, Lodge, Carpool and Hybrid Vehicle permits would be exempt from payment. ^ The rest of the residential azeas beyond the additional three-block radius would remain residential permit pazking. The two hour parking would still be allowed but changed to reflect the following: "Any non-permitted vehicle will be allowed to park for up to two hours in one zone per 24 hour period. Once a vehicle has been registered in that zone they will be required to move after that two hours." (see Option 2) Option 5 provides parking patrons with a considerable number of payment options. Additionally, current day pass customers would no longer need to stop to buy day passes; this payment option would be available at the residential pay stations. Costs: Option 5 plan has significant costs. It requires the purchase and installation of 70 - 75 pay- and-display meters at approximately $11,000 each. The total expenditure to implement this option would be approximately $850,000 for the 75 units. An additional $50,000 for new signs and posts and $50,000 for delivery and installation would also be needed making the total estimated cost to be $950,000. While this option is intended to be in place year-round, using a very conservative revenue calculation formula of 25% occupancy during only peak seasons at $7.00 per day, staff estimates additional revenue of about $350,000 per year from the meters and citations. When the current revenue of about $90,000 per year from day pass sales is netted out, net new revenues from this option would be approximately $260,000 per yeaz. All start-up CITY OF ASPEN PARKING POLICY OPTIONS costs would be paid off within three to four yeazs and there aze no anticipated increases in labor necessary to implement this option. Staff Notes & Comments: Option 5 offers the most flexible approach to dealing with the two-hour shuffle, while accommodating visitor use. It also expands on a familiar and reliable system already in place in the commercial core. Like the current paid parking program in the commercial core. The Meters will help manage a limited resource and reduce traffic and congestion by reducing the incentive for people to move their vehicle every two hours. Furthermore, prices can be reduced during specific times of the year, and like the commercial core, people can mitigate their pazking impact on-site by the hour or for the whole day. 6. Pilot Road Pricing (Please see addendum for more information on Road Pricing) Given the complexity of implementing road pricing, this option involves creating a road pricing pilot project to better understand the challenges and opportunities it may hold for the City Aspen. Road pricing (commonly called congestion pricing) means that motorists pay directly for driving on a particular road or in a particular azea at a particular time of day. Road pricing can be used to reduce traffic congestion, and to charge motorists directly for their roadway costs, which is fairer than current practices that result in substantial cross-subsidies. This approach has been successfully implemented in a few larger cities in Europe and it is being seriously considered in a number of North American cities. Such an approach could have application for Aspen given the high vehicle traffic and limited geographic area to monitor. Because the concept is new and difficult to full cost out, a pilot program approach would help clazify both the cost and technological issues involved. How to best use license plate recognition systems, which is critical component of the systems in London and Stockholm, could also be tested in a pilot program. Costs: Costs to implement a road or congestion pricing program are difficult to estimate for a city the size of Aspen since all the examples aze currently in much larger cities. Purchasing the technology, setting up the information technology (IT) systems, training staff, educating drivers and the general public, additional signage, and developing the package of related policies would require a significant investment over a number of yeazs to implement. Additional expertise and increasing the capacity of transit services would also be necessary. C[TY OF ASPEN PARKING POLICY OPTIONS The City of London's congestion pricing program cost about $307 million (iJS$) to set up and $150 million to operate the first yeaz. Net revenues in 2006-07 were $250 million. The seven-month Stockholm congestion pricing trial cost $260 million to set up and $70 million to operate. The program covers its operating costs and generates approximately $50 million in net revenue per year. t ~ London's experience with congestion pricing illustrates how it can be a critical tool to fund transit service expansion. Last year, the London spent most of the net revenue generated by congestion fees and fines ($205 M) to support bus services.~Z London's FSve Year Congestion Pricing Budget (in million US $) Total Operating & Charge Admin Costs Revenues Penalty Revenues Net Revenue Estimated 203 280 45 122 2006/07 183 321 112 250 How revenues were spent Bus network operation: 205 Roads and Bridges 28 Road Safety 10 Walking and cycling 6 Total $250 Aspen is obviously much smaller than either London (7.5 million people) or Stockholm (1.5 million people). Consequently, the costs and revenues of a congestion pricing would be much smaller. Even so, the set up costs to a small city like Aspen could range between $5-10 million depending on the scale of the program and the technology used. These estimated costs could be recaptured rather quickly based on congestion pricing experience in other communities, but further research would be needed to better estimate set up and operating costs as well as program revenues. Staff Notes and Comments: Road or congestion pricing shows great promise as a tool to manage traffic into and azound Aspen. In cities such a London and Stockholm this approach has reduced traffic congestion, increased the speed and efficiency of bus service, reduced through traffic on neighborhood streets, and improved air quality and reduced C02 emissions -all goals that are in line to the City of Aspen's transportation goals. Furthermore, for those who must drive, commute times decreased. Road pricing or congestion pricing could become the future of transportation demand management in Aspen, but it involves a level of ~~ Mobility, Access and Pricing Study, San Francisco Transportation Authority. http://www.sfcta.org/content/view/415/241 /# 12 ~ZCentral London Congestion Charging: Impacts and Monitoring, 2007 http://www.tfl.gov. uk/as sets/download s/fifth-annual-impacts-monitoring-report-2007-07-07.pdf 9 CITY OF ASPEN PARKING POLICY OPTIONS technological sophistication that the Parking Department would need significant support to achieve. To further explore the viability of this option, staff would like to develop a pilot congestion pricing program in the commercial core. Staff is particularly interested in exploring the adaptability of the paid pazking meters to work with wireless monitors in vehicles. If such a technology could work, it could drastically reduce the infrastructure for congestion pricing in Aspen since most of the infrastructure is already in place. Staff would like to request $20,000 for a congestion pricing pilot program to test wireless technologies, engage interested volunteers, facilitate further research into program design and cost estimates. This pilot phase will help determine the best technological and policy approach to potentially implement congestion pricing in Aspen Congestion pricing evaluation and implementation would be useful to include in the Departments and City's 5 yeaz planning horizon (London's program was developed and implemented in 3 %z years.)13 i3 Central London Congestion Charging, Malcolm Murry Clark. http://www. foundation.org.uk/events/pdf/2003 0618_Murray-C lark. pdf 10 Policy Options Evaluation The series of matrices below evaluate the various policy options using different criteria. We have grouped the criteria where possible and appropriate. Please note that although the scale is the same in each matrix, the variable by which the policy options are rated is different. In general, higher positive numbers are better that negative numbers. OPERATIONS Options Equipment costs Operation Costs User Price Subtdal 1 Status uo 3 3 3 0 9 2 2 hrs max/d 3 2 0 -3 2 3 Pemrit onl woes 3 2 -3 -3 -1 4 license Plate -1 2 2 NA 3 5 Residential Meterin 0 3 3 3 9 6 Pilot Road Pricing -3 -3 -1 3 -4 Rating from 3 (vEry favorable) to -3 (very unfavorable). "0" indicates no impact or mixed impacts. USER IMPACTS Options Residents Commuters Tourists Enforcement Subtda/ 1 Status quo -1 1 -1 0 -1 2 2 hrs max/day 3 -3 -3 0 -3 3 Permit only woes 3 -3 -3 0 -3 4 license Plate Recognition 0 0 0 3 3 5 Residential Metering 3 3 3 3 12 6 Pilot Road Pricing 3 -1 -3 0 -1 Rating from 3 (very convenient) to -3 (very inconvenient). "0" indicates no impact or mixed impacts. CITY OF ASPEN PARKING POLICY OPTIONS IMPACT ON PARKING AND TRANSPORTATION GOALS Improve the quality of life Decrease t~aftic and the quality Reduce Two and parking of the guest Options Hour Shuffle con¢estion experience Increase alternative modes Sbbtotal 1 Status quo -3 -3 0 0 -6 2 2 hrs max/day 3 0 0 0 3 3 Permit only woes 3 0 0 0 3 4 license Plate Recognition 2 0 0 0 2 5 Residential Metering 3 1 1 2 7 6 Pilot Road Pricing 0 3 0 3 6 Rating from 3 (very effective) to -3 (very ineffective). "0" indicates no impact or mixed impacts. TECHNOLOGY Options 1 Status quo 0 2 2 hrs max/day 3 3 Permit only canes 3 4 license Plate Recognition 2 5 Residential Metering 3 6 Pilot Road Pricing -1 Rating from 3 (very simple /offthe shelf)) to -3 (very complicated/newteshnology). "0" indicates no impact or mixed impacts. 1 Status quo 2 2 2 hrs max/day 5 3 Permit only zones 2 4 License Plate Recognition 10 5 Residential Metering 31 6 Pilot Road Pricing 0 Based on these criteria, Option 5 -Residential Metering, Option 4 -License Plate Recognition, and Option 2 - 2 hr max/day received the highest scores. 12 CITY OF ASPEN PARKING POLICY OPTIONS Staff Recommendation Staff believes that a combination of options, particularly the combination of a modified Option 5 - (Residential Metering) Option 4 (License Plate Recognition) and Option 2 (2 hr max/day) would best address the negative impacts of the two hour shuffle and advance the City's transportation goals. Staff believes that purchasing a License Plate Recognition would enable it to better monitor and enforce the Option 2 - implementing a 2hr max/day in the three block residential azea azound the commercial core. To address visitor parking, staff recommend modifying Option 5 and purchasing only 15 parking meters what would be programmed as on-sire daily pass only machines. In this way, visitors and commuters that need to pazk for longer than 2 hours can purchase a day pass without heading to site downtown and then back to their vehicle. This proposed combination of options would preserve two hour free pazking in this zone azound the commercial core, prohibit the option of the two hour shuffle that contributes to needless traffic and congestion, and enable people to purchase a day pass from a number of meters in the neighborhood. The combination and slight modification of these options would be less expensive that Option 5 (Residential Meters) alone. Staff would also like Council to fund a congestion pricing pilot program. As traffic and congestion aze projected to grow in the future in the region research into how this innovative approach could reduce traffic congestion, improve travel times, and help fund transit and road improvements is worthwhile investment to consider. Costs: ^ Changing the signage ($50-$80K) ^ LPR System ($70K) ^ Day Pass meters ($11,000 x15 + delivery = $200K) ^ Additional day pass meter signage ($1 OK) ^ Congestion pricing pilot program = $20K ^ Estimated Total = $350,00-$380,000 Potential Revenues: Staff conservatively estimates a 25% increase in day pass sales ($7/day) during peak season (Dec-March and June -August), which could generate over $550,000 annually. Timeframe: Staff recommends timing the recommended pazking policy changes to be fully implemented after the new bus lanes open in November 2008. During this interim period, staff would like to purchase and start using the License Plate Recognition system to better monitor and understand current pazking patterns in the residential areas surrounding the commercial core. LPR data will help Pazking and RFTA staff better understand the primazy users of residential pazking and better estimate new riders from the proposed changes in parking policy. With pazking data gathered over a few months, Pazking staff can work with RFTA to anticipate and plan for increased bus 13 CITY OF ASPEN PARKING POLICY OPTIONS riders and increased use of pazk and ride facilities in the region.14 Such steps will ensure a smoother transition to new pazking policies and mitigate for as many impacts on the local and regional transportation system as possible. As with the implementation of the paid parking in the commercial core, staff recommends the first violation after the new policies go into effect would be free. ~" There was a 30% increase in bus ridership in between 1995 and 1995 resulting from the implementation of paid pazking in the commercial core and the increase in bus frequency to 30-minute service between to El Jebel and Aspen. There was also a surprising increase in parking in downvalley communities as drivers switched to transit neaz their home communities rather than driving to the airport intercept lot and taking transit into town as officials had expected. 14 CITY OF ASPEN ADDENDUM TRANSPORTATION IN THE 21sT CENTURY PARKING POLICY OPTIONS Cities around the world face an enormous challenge -the popularity, convenience, and the modest operating cost of the automobile has overwhelmed the local capacity to provide road capacity. Congestion has become so ubiquitous in the U.S., that the Texas Transportation Institute, the largest university-affiliated transportation research agency in the United States, estimates that American city drivers lose an entire work week (40 hours) annually sitting in traffic. This lost productivity is estimated to cost more than $78 billion a year.15 Traffic and congestion trends are expected to get worse in both large and small metropolitan areas. The reality is that more Americans are driving and driving more than ever before. The U.S. Department of Transportation Highway Statistics show that despite the nation's road systems increasing in capacity only 5% over the last 20 years, the total number of miles driven has increased approximately 100%16. Increases in the number of vehicles and miles traveled and the increasing costs of new road and highway capacity have transportation planners beginning to think differently, and more holistically, about roads. Instead of focusing exclusively on increasing capacity (still an important option in many circumstances) planners are focusing more and more on operational strategies to ensure the highest level of service on the existing infrastructure.~~ This approach is not just ahigh-minded planning theory. It has become a practical necessity as the federal, state, and local governments face another brutal reality about roads -projected expenditures to maintain the condition and performance of the current infrastructure is significantly higher than projected tax revenues. There is not enough public money from current sources to maintain current roads, let alone build new ones.~s "Congestion, it turns out, is an inevitable consequence when the private sector produces an unlimited number of vehicles and expects the public sector to spend limited resources to build an unlimited amount of space for them to run on." ---Gordon Price, Transport Planner & former City Councilor, Vancouver TRANSPORTATION DEMAND MANAGEMENT: A SLOW PARADIGM SHIFT 'STexas Transportation Institute, Reseazch Area: Urban Mobility. http://tti.tamu.edu/reseazch_areas/top ic. htm?p_tid=18 76 Operational Solutions to Traffic Congestion by Jeff Paniati in Public Roads, November /December 2004. http://www.tfhrc. gov/pubrds/04nov/0l .htm ~' Ibid., Paniati. 18 The Future of Highway Financing by Jim Mazch in Public Roads, November /December 2005. http://www. tfhrc.gov/pubrds/O S nov/02.htm 15 CITY OF ASPEN PARKING POLICY OPTIONS After a steady, 50-yeaz commitment to the building of a national highway system 19, the combination of declining gas tax revenues and increasing traffic congestion has planners and elected officials broadening their set of tools to ensure the safe and efficient use of roads. Instead of reflexively responding to traffic congestion with an effort to increase road capacity, communities across the U.S. (including the City if Aspen) and azound the world aze increasingly turning to better managing roads and highway capacity as a scarce and valuable resource. The High Cost of Free Parking Donald Shoup,20 a Professor at the University of California at Los Angeles (UCLA) has written one of the most comprehensive analyses of the costs associated with "free" pazking. In The High Cost of Free Parking, he shazes his reseazch and recommendations for addressing the mismanagement of on-street parking, which he likens to a "tragedy of the commons." Shoup illustrates how drivers with invariably misuse and overuse an underpriced yet limited common/community resource such as on-street pazking. On-street parking is overused precisely because it in "free" in the minds of drivers. Consequently, in the face of competition for a scazce resource such as an on-street parking space, drivers are likely to park longer than necessary to avoid looking for another space. This behavior results in drivers cruising longer to find a pazking space since one rarely will open up, which also increases traffic congestion. In fact, Shoup's literature search of studies of cruising in cities such as New York, Detroit, London, and Jerusalem found that an average of 30% of traffic was drivers searching for an on-street pazking zi space. Shoup highlights the City of Aspen's efforts to use paid parking to mitigate pazking use and encourage the use of transit alternatives. Aspen is a perfect example of how a managed commons (on-street parking) properly priced enables more efficient and wider use of the resource. When downtown pazking was free, curb occupancy during peak periods was 95-100% capacity (i.e., finding a space was difficult). Today, with paid parking, curb capacity is about 70% (i.e., finding a pazking space downtown is much easier).zz Market priced curb parking, in Shoup's analysis, is a critical step in managing traffic, conserving energy, improving air quality - and generating public revenue in the process to support pedestrian improvements and transit services. His research is turning traditional parking on its head. The High Cost of Freeways "Free curb parking is an asphalt commons: just as cattle compete in their search for scarce grass, drivers compete in their search for scarce curb parking spaces. Drivers waste time and fuel, congest traffic, and pollute the air while cruising for curb parking and after finding a space they have no incentive to economize on how long they park" Donald Shoup The High Cost of Free Parking i9 The construction of the interstate highway system began in earnest with the passage of the Federal-Aid Highway Act of 1956 during the Eisenhower administration. http://www.tthrc.gov/pubrds/06jan/Ol.htm 20 Donald Shoup, The High Cosi of Free Parking, 2004, Planners Press. Chicago II. Z~ Ibid., Shoup, p. 290. zz Ibid., Shoup, p. 391 16 CITY OF ASPEN PARKING POLICY OPTIONS Although Shoups' analysis focuses on on-street parking, his arguments aze not limited to where a caz spends 98% of its time -parked. The Federal Highway Administration (FHWA) has become increasingly interested in user-based charges for drivers to use support the maintenance and construction of the state's and nation's roads. zJ As with free curb pazking, drivers are using an almost free road resource, particularly, during rush hour, to the point the point of gridlock. FHWA estimates that while construction costs for new lanes in urban areas average $10 million per lane mile, revenue from gas taxes during rush hours amount to only $60,000 a yeaz.za In Colorado, the Department of Transportation estimates that current revenues are $51 billion short just to maintain the current state transportation infrastructure over the next 25 years.25 In many ways, drivers have been over using current road infrastructure with little financial consequence. The in ability of the current gas tax structure to generate adequate revenue for road maintenance and improvements and the economic and quality of life challenges presented by rush hour traffic congestion has lead to a number of innovative user based programs, which are changing current thinking about road capacity is managed. The State of Oregon26 For the last several years, the State of Oregon has been exploring the promise of user-based fees to replace or supplement the current gas tax revenue available for road maintenance and construction. After considering 28 different funding ideas, the a state task force recommended that the Oregon Department of Transportation (ODOT) conduct a pilot program to study two strategies called The Oregon Mileage Fee Concept: (1) the feasibility of replacing the gas tax with a mileage based fee collected at fueling stations and (2) the feasibility of using this system to collect congestion charges. ODOT launched a 12-month pilot program in April of 2006 designed to test the technological and administrative feasibility of this concept. The program included 285 volunteer vehicles, with 299 motorists, and two service stations in Portland. z~ The pilot study showed that using existing technology in new ways, a mileage fee could be implemented while addressing privacy concerns as the motorist refuels. This implementation 29 Mileage-Based Road User Charges by David J. Forkenbrock and Paul F. Hanley in Public Roads, March April 2006. htt_p://www.tthrc.eov/pubrds/06mar/02.htm and Congestion Pricing: A Primer, Federal Highway Administration, December 2006. httn://ops.fhwa.dot.gov/publications/coneestionnricine/index.htm 24 Congestion Pricing: A Primer, Federal Highway Administration, December 2006. http://ops. fhwa.dot. gov/nub I ications/con eesti onpric i ng/index. htm zs Colorado Transportation Finance and Implementation Panel, A Report to Colorado, Executive Summary, January 2008. httn://www colorado.gov/eovernor/blue-ribbon-transportation-nanel.html zs Oregon to test mileage tax as replacement for gas tax, Eric Pyne, Seattle Times, 7/5/2004. http://seattletimes.nwsource.com/html/localnews/2001972174 mileagetaxOSm.html Z' State of Oregon, Road User Fee Pilot Program Results Summary. http •//www.oreaon.eov/ODOT/H WY/RU FPP/docs/RUFPPsummarv.pdf 17 CITY OF ASPEN PARKING POLICY OPTIONS of the fee is similaz to the process for collecting gas taxes. The whole measurement and payment process is routine with no disruption to the motorist or the local business. Furthermore, the pilot showed that the mileage fee could be phased in gradually alongside the gas tax, allowing non-equipped vehicles to continue paying the gas tax, while equipped vehicles could pay the mileage fee. The study also showed that different pricing zones could be established electronically and the assigned fees could be charged for driving in each zone, even at particulaz times of day. This proves the mileage fee concept could support not only congestion pricing but also assessment and collection of local revenues and other "zone-oriented" features. Furthermore, the area pricing strategy applied in the pilot program produced a 22 percent decline in driving during peak periods. While administrative costs are minimal the on vehicle costs to retrofitting vehicles at this point appeazs expensive and difficult. Consequently, this approach is likely to require national and state coordination with automobile manufacturers. Central Londonzs The scale and scope of user-based fee programs changed dramatically in February 2003 when the City of London implemented a congestion pricing plan to address congestion in Central London, which has 16 entrance points. Drivers are able to pay on a daily, weekly, monthly, or annual basis by telephone, regulaz mail, Internet, or at retail outlets. The registration numbers of their vehicles aze entered into a database. A network of fixed and mobile cameras observes the license plates of vehicles entering or moving within the central zone. There aze no tollbooths, gantries or barriers. Drivers do not have to stop. Their license plate numbers are matched against vehicle registration numbers of those who have paid the charge. A number of exemptions from the charging plan are allowed, including a 90 percent discount for residents. Central StockholmZ9 za Ibid., Congestion Pricing: A Primer. is Ibid., Congestion Pricing: A Primer. 18 18 percent reduction in traffic in central CITY OF ASPEN Stockholm is the most recent large international city to deploy congestion pricing, in this case on a test basis from January 2006 to July 2006. The "trial" results were very favorable, with public acceptance climbing throughout the trial, from under 30 percent approval before the trial to over 55 percent towards the end. There was an immediate 22 percent drop in vehicle trips, a decrease in travel times, and a large shifr to public transit -ridership on inner- city bus routes rose 9 percent. Traffic accidents involving injuries fell by 5 to 10 percent. Exhaust emissions decreased by 14 percent in the inner-city and 2 to 3 percent in Stockholm County. Residents of the City of Stockholm voted for continuation of the system in a referendum on September 17, 2006. To date, over 400,000 commuters have installed transponders in their vehicles for easier electronic payment so PARKING POLICY OPTIONS New York City31 The success of congestion pricing in London and Stockholm has New York City Mayor Michael Bloomberg pushing for congestion pricing. The federal government will provide New York City with $354 million to implement congestion pricing, if the State Legislature acts by Mazch 2008 to put in effect the Mayor's congestion pricing program. The majority of the funding would go to boost public transit services in the City. The US Department of Transportation has committed $1 billion to pilot congestion pricing in U.S. cities of the last year. sz 30 Stockholm Congestion Chazge, www.roadtraffic-technology.com. '~ U.S. Offers New York $354 Million for Congestion Pricing, New York Times, 8/14/2007. htto'//citvroom blops nvtimes com/2007/08/14/us-will-give-new-york-354-million-for-congestion-pricine/ City Traffic Pricing Wins U.S. and Spitzer's Favor, New York Times, 6/8/2007. [~•//www nytimes com/2007/06/08/nyrePion/08coneestion.html 'Z http://wwwsfcta.org/content/view/415/241/#13 19 CITY OF ASPEN ROAD PRICING AND TRANSIT PARKING POLICY OPTIONS A key component of appropriate pricing for parking and roads is the availability and effectiveness of alternative modes of transportation (walking, bicycling, and transit). The success of London's and Stockholm' s congestion pricing programs lay in part to the already strong and since expanded public transit services available in each city. Put another way, the entire transportation system works more efficiently when its component parts are priced appropriately and sending users feedback information. Without such real time information, the system can literally grid to a halt. The history of the City of Aspen's paid parking program also illustrates the relationship of pricing to prevent inefficient overuse of a public good such as curbside parking. The introduction of paid pazking in the commercial core resulted in a bus ridership increase of 30% during the same yeaz. With this impact, paid parking was, and continues to be, an initial congestion pricing measure. Although paid parking is not designed specifically to address traffic congestion during rush hour, it nonetheless illustrates the power of market mechanisms to reduce over consumption of a perceived "free good" and it has had a profound impact on the traffic in the City of Aspen. The proposed changes to the pazking policies in the residential parking in Aspen will again likely lead to an increase transit ridership. RFTA CEO Dan Blankenship believes that lazger buses (57 person) that will amve in October and new bus lanes coming online in November will handle the increase in ridership likely to result from pazking policy changes, especially if policy implementation is phased and RFTA has a better sense of the where additional bus riders may be maybe coming from.33 Aspen is unique among small U.S. cities to have invested in the development of a local and regional transit system. If Aspen's parking and traffic management efforts do evolve into an effective congestion/road pricing program in the future, a strong transit system will be a key component of the programs overall success. Transit could also be a prime beneficiary of the revenues a congestion pricing program could generate. 34 Transportation resources in the 215` century aze becoming more interconnected and multimodal than ever before. Ironically, it is market thinking and pricing being applied to "free" resources such as roads and parking that is helping communities to manage a public good more efficiently and effectively. " RFTA comments on paid pazking, February 22, 2008. Curtis Wackerle http://www.aspendailynews.com/section/home/rfta-comments-paid-p and personal communication. 34 London Congestion Pricing: Implications for Other Cities, 2006. Todd Litman. Victoria Transport Policy Institute. http://www.vtpi.org/london.pdf Editorial, Mass Transit Needs Congestion Pricing, New York Times. March 5, 2008. http://www. nytimes. com/2008/03 /OS/op inion/0 S wed4. htm I 20 ~x ~- MEMORANDUM TO: Mayor and City Council FROM: Tim Ware, Director of Parking THRU: Randy Ready, Assistant City Manager DATE OF MEMO: July 18, 2008 MEETING DATE: July 28, 2008 RE: License Plate Recognition Contract (Resolution #~ REQUEST OF COUNCIL: Staff requests approval of the contract between the City of Aspen and Genetec Inc. for a License Plate Recognition System. Staff is recommending the approval of this contract regardless of the outcome of the amendment to Aspen Municipal Code section 24.16.180 at second reading. Implementation of a license plate recognition will assist in enforcement of residential pennit pazking regulations, regazdless of the specific provisions in the residential parking ordinance by providing electronic "chalking" of vehicles. PREVIOUS COUNCIL ACTION: Council approved on first reading an amendment to Aspen Municipal Code section 24.16.180 Time Restricted Parking Areas in Residential Permit Zones to allow only up to two hours of parking per weekday in residential zones within three blocks of the commercial core without a permit or a daily parking pass. In January 2008 City Council was presented a package of options to help reduce the number a vehicles moving around to avoid the two hour pazking limit within the residential parking zones. Council directed staff to return with an ordinance amendment that would continue to allow up to two hours of free parking a residential zone. However, pazking for more than two hours in the residential zones within three blocks of the commercial core would no longer be available without a permit or daily parking pass. Commuters and other drivers who must park for longer than two hours would have the option of purchasing residential day passes for $7/day. Vehicles displaying carpool, residential, lodge guest or other valid permits would be exempt from the two hour limitation. New license plate recognition technology would replace the current tire chalking system, increasing the efficiency of parking enforcement via electronic "chalking" of vehicles. Page 1 of 3 BACKGROUND: In 1995, the City of Aspen implemented the pazking management program in the Commercial Core and the Residential Permit Parking areas. This program included several payment and permit options to address the diverse needs of many different types of customers. Staff s primary focus was on implementing programs that would help reduce levels of traffic and improve pedestrian friendliness in town during the peak seasons. A number of parking program modifications have been offered for consideration as potential measures for reducing pazking occupancy, encouraging transit ridership and increasing revenue generation for TDM programs. The purpose of the current residential parking permit program was to prevent spillover pazking from the Commercial Core into residential areas once the paid parking component was put into place. The residential program allows for up to two hours of parking without a permit Monday through Friday 8:OOam - 6:OOpm. Residents are issued permits that exempt their vehicles and their guest's vehicle from the weekday time restrictions. However, staff has found that despite residential zone enforcement and other discouragement of the shuffling of vehicles every two hours to avoid a pazking ticket, over 50% of the vehicles in the two-hour residential pazking zones (between 300-600 vehicles per day, depending on the season) are simply moving their vehicles about every two hours. They are in technical compliance with the current parking ordinance, but this "two-hour shuffle" undercuts the primary transportation goals of the community to decrease traffic and parking congestion, improve the quality of life and quality of the guest experience, and improve air quality. At the January 2008 work session Council directed staff to proceed with an amendment to Aspen Municipal Code section 24.16.180 Time Restricted Parking Areas in Residential Permit Zones. DISCUSSION: License plate recognition (LPR) technology is fast becoming the preferred enforcement tool for timed and permit pazking rather than chalking tires. The Parking Department currently chalk tires each day in the residential zones and then returns after two hours to enforce these areas. This is a very time consuming process and it is very difficult to hit each vehicle parked in a residential zone more than once on a daily basis. Chalk is also very easy to remove from a vehicle's tire. The LPR system works quite differently. The enforcement vehicle is equipped with a camera system that photographs vehicle license plates and stores them in a data base. After the two hour period the enforcement vehicle returns and the system notifies the officer of any vehicles that were there when the original route was conducted. The officer then can proceed to issue a parking ticket. To help ensure privacy, at the end of each business day, the data from the LPR system will be purged and will not be maintained on any of our systems. The Information Services Department for the City of Aspen has agreed to perform random audits on the data base to verify that there are no data being stored. Page 2 of 3 By using the LPR system, enforcement personnel will be able to get to each pazking space multiple times every day to help ensure compliance with residential pazking regulations. The system also reduces the number of staff required to properly enforce the residential and timed pazking areas. FINANCIAL/BUDGET IMPACTS: This project will impact the Transportation and Pazking budget in the amount of $98,627 for all softwaze, hazdwaze and installation of the License Plate Recognition System. Approval of this contract will authorize staff to proceed with this purchase and City Council will see a $98,627 supplemental appropriation request for formal approval as part of the next supplemental appropriation ordinance. ENVIRONMENTAL IMPACTS: The Environmental Health Department believes these pazking regulation and enforcement effectiveness changes are crucial to the City's efforts to reduce PM-10 pollution (over 83% of which is caused by traffic on high pollution days), cazbon monoxide pollution, ozone and other vehicle pollutants, and to meet the city's commitment to capping traffic at 1993 levels. The two-hour shuffle of cazs severely reduces the effectiveness of the paid pazking program in encouraging mass transit use and carpooling. Given the great challenges of global warming as well as conventional air pollution, incentives for reducing vehicle trips aze essential. When the paid pazking program was implemented in 1995, it was believed that the "two-hour shuffle" would be ended. Not only has that not happened, but hundreds of single occupant vehicles each day are moved repeatedly, which undermines the city's efforts to promote mass transit, reduce air pollution, and meet greenhouse gas reduction goals. RECOMMENDED ACTION: The Transportation and Parking Department recommends the approval of the contract between the City of Aspen and Genetec Inc. for a License Plate Recognition System. ALTERNATIVES: Council could direct staff to postpone this project. ATTACHMENTS: A -Contract for a License Plate Recognition system. Page 3 of 3 PROPOSED MOTION: "I move to approve Resolution #~ Series of 2008 to authorized procurement of a License Plate Recognition System." RESOLUTION #~ (Series of 2008) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND GENETEC, INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE PURCHASE OF LICENSE PLATE RECOGNITION SYSTEM AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Genetec, 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 Genetec, Inc. regarding a License Plate Recognition System, 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 July 28th, 2008. Kathryn S. Koch, City Clerk SUPPLY PROCUREMENT AGREEMENT THIS AGREEMENT, made and entered into, this 21st day of July 2008 between the City of Aspen, Colorado, herein after referred to as the "City" and Genetec, Inc. hereinafter referred to as the "Vendor". WITNESSETH, that whereas the City wishes to purchase a Mobile License Plate Reader System 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 Ninety Eight Thousand Six Hundred Twenty Seven Dollars ($98,627.00). 2. Delivery. (FOB 540 EAST MAIN STREET, 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 Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. Warranties are specified in Exhibit A. 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 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. 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 Reaarding Debarment. Suspension~lneligibility 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 Continaent 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 undetstanding 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: l . 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 th.e 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. 1 b.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 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices.. 17.Intearation 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 VEND R: By: A'a,h C~~'e. Title y GENETEC Section 7: License Plata Reading System A. Hardware The AutoVu Parking Enforcement syster:f combines high resoluton dual-camera sensors with a ruggedized, high-performance vehide-mounted computer known as the Integrated Control Unit (ICU). License plate images are captured for reading with high-resolution monochrome cameras, while awide-angle camera simultaneously pptures colour overview images of tie vehkie of interest, allowing identification of vehide location, colour and model. Processing of license plate Images is performed in the ICU, where plate reads are combined wtth GPS and inertial navigation infomratlon to fadlitate data mining. In additlon, tare ICU controls camera exposure and flluminatkm power. Users interact with the ICU vie a graphic user interface running on the police mobile data terminal (MD'i~ or via adash-mountable toudt screen, ~~ i Figure is AutoPatrol System Components: toudl scxeen, camera modules and rugged computer y GENETEC Communications options AutoVu Parking Enforcement supports troth real-time and off-line hotltst updates via the following technologies: • 802.i1b Wireless Ethernet • ixRTT / EvDO • GPRS/EtX~E • In-vehicle LAN connectivity 10/100 base T Ethernet • USB flash memory stick Up to two types ~ wireless technologies tray be combined in the same appikation. Security options AuboVu Parking Enforcement supports a diversity of solutions for securing wireless and memory-srjdc hotiist update methods, depending customer requirements. Users typipily specify 128 bit WEP, PEAP and/or WPA for 802.11b wnnections, whereas cellular wireless connections are often secured using a VPN or using SSH. Data stored on U56 flesh memory devices tan be erxxypted using Blowfish file encryption. Physical speci#ications, installation ~ mounting options The ICU, camera modules and cabling are designed spedflcally for Installation in police vehicles. Hecbical power to the system is suppliedi via a direct: connection to the vehicle battery or power dLstribution centre. On-board power relays ensure that zero current is drawn when the vehicle 1s powered oft, preventing battery discharge during storage. Signals for igrmtion, reverse and odometer (VSS) are connected tp the vehicle electrkal system and used for inertial navigation and power switxhing. The ICU is designed to be mounted in the trunk or cargo space of a police vehicle and is shock- mounted to ensure long life in demanding poise environments. Dimensions are shown in Fgure 2; weight is 16 lbs. Since the ICU contains rro moving parts other than its rugged hard disk, it fs virtually silent during operation. Dimensions for tiie AutoVu Parking Enforcement camera housings are given in Figure 3. Weight ~ 1.1 lbs. y GENETEC 0 ,~, ~~~~~~~~~~j~~rr~I i LRAlLJULAIL,'L~.nJ000' . _.. _ _.... _. .. 00 •O ~ ® ® . _ ,. .~ O b l I Figure 2: Integrated Control Unit (ICU) physical dimensions (all dimensions in inche's). Weight is 16 its In addition bo ils two primary camera inputs, the ICU provides four auxiliary NT5C/PAL vkleo inputs, These may be to faalitabe license plate recognition from additional sources, such asforward facing in-car video cameras. For users who do not wish to integrate AutoPatrol wide their existing mobile data terminal (MD's, Genetec, Inc. supplies stand-alone 7" touch screens. These screens may be either mounter in a standard DIN radio bay or bolted to ttte dashboard fads, depending on user requiremerrts. GENETEC ~ __ I 3.88 I _~.----- ~6 6.50 ~.. Figure 3: AutoPatrol camera module dimensions. Maintenance Requirements The ICU and camera housings are sealed, mairrtenance-free units desfgrael for reliable operation (n the most demanding environments. To facilitate maintenance, the ICU is removable via four easily- aocessible bolts and the camera housings,' may be removed via two mourrtirg screws. Regular deaning of the camera module front is requlr~l to maintain accurate reading. Camera 3pecfficatlons AutoVu Parking Enforcement's water-proof, vibration-resistant camera module indudes high- resotutlon (1024x768) Infrared (IR) sensitive cameras for long range license plate capture, IR illumination and colour overview Imaging Cameras (690x480). Camera modules are bolted through vehide roof using special sealed mounting plates to ensure a rugged, waterproof mounting. 10 GENETEC B, sorlware Back~ce Management and Reporting System A complete Back-Office Management Reporting System is provided. See Appendiz B for sample screenshots. Through the back-office system, management personnel are able to access all of the data collected throughout each shift and analyze it. The back-office software package permits users to search by license plate number, generate reports on performance, violation vehicles; those not enforced and provides an hour by hour breakdown of the systems usagc including the number of pltrte reads. Record Information At the end of each patrol shift the AutoVu mobile unit comrects with the cenh~al server and off load all information from that day's activity. - Complete record information including license plate number and images of each scofflaw vehicle found. - Complete record information including license plate number aad images of each vehicle found in violation of overtime parking ordinances. - Complete record information including license plate number and images of vehicles found in violation of parking permit zones.- - Mapped locations and map images of each. vehicle found. - Images of tires for each vehicle found in violation of overtime packing ordinances (if the system is so equiPP~ - System usage, route management data, and statistical information. I~bidence Review For all parking-enforcement violations (either enforced or rejected), a supervisor can review all pertinent data (mcluding images), and print out a summary that can be used as evidence to substantiate an infraction, Route Management The system is also be outfitted with an accompanying route management package drat enables management to replay the actual route the patrol vehicle was dcven during each shift. This information thus enables management to optimize deployment such that performance is maximized. it y GEIVETEC Repots: The system automatically provides maoagemer~t and performance reports. Specifically the system generates in Excel format the following infomration that is displayed on a daily or nwntlily basis: - The type and number of citations issued in each overtime and parking permit zones. - The number of license plate reads on a hourly basis - The number of matches to databases for scofflaw and permit vehicles. - The number of rejects and false positives fot each application. - The ability to provide a route management function. - Ali reports including mute management are printable. The system shall be provided with a comprehensive back-end management reporting system Reports shall be compiled automatically in Excel format providing the following required information for each vehicle: A. Usage statistics B. Total number of plates scanned by hour per day, C. Daily record of scofflaws enforced and not enforced, D. Daily Records of overtime parking infractions E. Daily Records of parking permit infractions F. Summary reports listing the following: i. Total hits ii. Days used iii. Average hits per day iv. Average reads pea hit v. Average hours per hit , vi. Number of plates read ;per hour vii. Number of plates read pcr day viii. Hours of operation per'day ix. System utilization for the period reporting 12 GENETEC c. warranty This provides highlights of Genetec's Warranties, Software Maintenance Agreements and Hardware Extended Warranties. For further Information, please refer to the full Product Descrlptlon, Revision 2.1, February 2008. References herein refer to the Product Descrlptlon. 1. Standard Warranty / One year warranty on hardware and Software / Genetec's Standard Support Hours -Monday through Friday from 9h00 to 17h00 local time' / Hardware repaired on a return and repair basis (up to 20 business days) / Software updates {patches): available / Software upgrades: not available / Trouble ticket allowance: 2 tickets = Product description: - Back-0ffice Software: Section 3.4 A Mobile Unit: Section 35 2. Software 49aintenance Agreement (Section 4) / Support hours: - Standard: Genetec's Standard Support Hours '+ Customer's business hours Monday through Friday from 9h00 to 17h001ocal time' - Premium: 7 x 24 s / Software updates (patches): available / Software upgrades: available / Trouble ticket allowance: unlimited 3. Hardware Extended byarranties Return and Repair with Standard Support {Section 5.1) / Support hours: Genetec's Standard Support Hours ' + Customer's business hours Monday through Friday from 9h00 to 17h00 local time s / Hardware repaired on a return and repair basis (up to 20 business days) / Software updates (patches): available' / Software upgrades: available / Trouble ticket allowance: unlimited ' The Genetec Technical Assistance Center is closed on Canadian stawtory holidays. ' A Ncket will not count towards this total if the issue is caused by a software defect/problem for whi[h Genetec is responsible or for a defect with the product resulting In hardware being rewrned for repair. ' Done via pager if outside Monday through Friday from 8h30-19h00 EST 13 y GENFTFC Advanced Replacement with Standard Support (Settlon 5.2) / Support hours: Genetec's Standard Support Hours ' + Customer's business hours Monday through Friday from 9h00 to 17h00 local time' / A replacement hardware product • will be shipped by Genetec via Air Express courier service within 1 business day of RMA issuance' / Software updates (patches): available / Software upgrades: available / Trouble ticket allowance: unlimited Advanced Replacement with Premium Support (Section 5.3) / Support hours: 7 x 24 / A replacement hardware product ^ will be shipped by Genetec via Air Express courier Service within 1 business day of RMA Issuance o / Software updates (patches): available / Software upgrades; available / Trouble ticket allowance: unlimited 4. Pricing (Section 7) / Annual or multi-year agreements are available up to 5 years from year from date of installation. / Maintenance agreement fees are payable up-front. / The fees for the warranty year are discounted by 50%. Back-Office software 1 year 2 years 3 years 4 years S years StandardSMA Premium SMA 18% 25% 15% 22% 13% 2D% 11% 18% 9% I6% Mobile LPR Unit 1 year 2 years 3 years 4 years s years Return a Repair with Standard support ~ 795 6.5% 6% 5.5% Advanced Raplacamem whh Standard Support • 15% 73% 12% i i% 10% Advanced RephtcemeM - WiM Premium Support 20% 18% 16% 14% 13% - ' The Genetec Technical Assistance Center is dosed on Canadian statutory holidays. A ticket will not count towards this total if the Issue is caused by a software defect/problem for which Genetec is responsible or for a defect with the product resulting in hardware being returned for repair. Done via pager if outside Monday through Friday from 8h30-19h00 EST Product may be replaced by a fully functionali refurbished product `Customer must obtain Return Material Authorization (RMA) from Genetec 14 GENETEC 5. Genetec Technical Support Service Levels (Section 6) Response time is based on the severity of the problem. Severity Description Crhlwl product is not functioning or funttiontllhy is slgniflwntly Impaired. Nigh Major feature of product Is not functioning or functionallry is significantly impaired. Medium Mirror feature of product is not functioning or fUnttlonaliry is signiflcantry impaired. Low General question on functionality. First Response: Genetec Technical Support will respond to all new calls placed to Technical Support within the following times: Call Entry Point Response Time Phone call 15 minutes' Emali 1 business day Web R nest 1 business day ' Phone caps phnxd outsWe Ux scope of th¢ wstvme/s wpport agreement MI16e rewmed flrstthing on the ne„t eenetec Business dsy. Resource commitment: Genetec cannot guarantee a resolution time for Issues but can guarantee resources committed to fixing the problem. Severity Resource Commltmam Cridwl Fulkime resource around the dodo High PullUme resource within Lwsiness hours Medium based on avallablliry with a prbrity over °LOVJ' Low Whhout commitment - 6. On-57te Support / On-site support is available at a rate of $1,500 per day plus airfare. The minimum fee charged is 4 hours. / A surchazge will apply if the service Is given overnight (50% surchazge) or on a weekend (100% surcharge). 7. Outside Warranty Technical Support / The price per support ticket is $250. i5 ~~ GENETEC D. Interfaces Genetet, Inc. has worked regularly with IJCA International and their ticketing interface for parking enforcement systems. This system allows for tickets to be automatically generated and printed when an Infraction is detected by the LPR system. We are in the process of integrating our system with other handheld operations (ACS, T2 Systems, Duncan Solutions) and expect this to be forthcoming in our next software release-4.2, July 2008. Section 2: Delivery, Training, and Support Timeframes A. Delivery From time product Is ordered there is a maximum of 60 days for delivery, training and implementation. 8. Training and Support Onsite training is offered as a part of standard installation. End users have the choice of training multiple users or opting fora "train the trainer" method. Training the trainer allows for detailed training with a few individuals who will in-tum train other users of the system. Additional training is offered at $1,500.00 per day plus airfare. Ongoing support is detailed in the warranty agreements above In Section i •C "warranty". Respohse time for trouble shooting over Lhe phone and necessary site visits are detailed in the warranty agreement above in Section 1-C"Warcanty". Section 3: References 1. City of Sacramento The City of Sacramento is a customer since 2004 and has 7 units in service for parking enforcement. Four additional units will be deployed in January 2008. Contact: Howard Chan Parking Services Manager Department of Transportation 921 10th Street, Suite 300 Sacramento, CA 95814 Telephone: (916) 808-7488 Cell: (916) 806-6252 Email: hchan@citvofsacramento ora 2. City of Tampa The City of Tampa is a customer since Feb 2004 and has one unit in service for parking enforcement. Contact: Carlos Aguiar 16 GENETEC Se[uMy LM1rougM1 lnnav[EOn Price Quotation MYp10ID. CIIYOFASPEN-OI-0OlAWy-034008-1621 Rev.1 Dab Oblul-08 Iseuatl By Dl NOltlen PNOne ~330~56)-05)A Cwnney $U6 CommerMs Project Nama Company Can1aM Phone Email Duote Valltl for Tsrma k touch xnen, wh 45,BC 10.7 City of Aspen Ciy of Aspen Tim 3o day, 30 tlaya 91,600.00 1,832.00 7,000.00 ]95 00 ] ICB-B-MUNB2-10 AutOFintl Back Oma ],000.00 1 1 SMASTD-1Y $bndaM 6MA-lYr. 795.W 1 fi SVC-AMINST-SAS AutDVU MOblle basic onshe lnrtalletion-per unit 5,000.00 2 8 WA ShlpgnBGrtps 200.00 2 7 N/A Add'nional0ismunt -13,000.00 i ?A HEW-ARS-tY Advannd RaDlanmaMwhh SYrMaM Support-3Yr ReDhtt Advanced Wamnry br Re[urn antl Repair Warranty Cost Prices tlo not inUUde apglceDle taxes. Prices may change without nofice Back ofice system includes mapping. 10,000.00 400 00 -13,000.00 TrNaha: 88,827.00 3,438:00' `'2 6,672.00 1/1 GENETEC Specifications Ci of As en - Bhi AAatrix GeneteG in c. -compliance Answers y~LLlyyp+~ y~jy~~S { ~1:~{n~t ~Bii~ ~'^iCrtt-RV'{I/Ty~ r l " r y~ } ~~ #~41.~ ~ Ft ~y " XAry~~~'y~ ' S t e A T 3 )'If ! ' F r~ ~ f ~> Y{ u~ A F ~~ C ~( r1~"R 11) k ~ ~A • k~ ~ ~ y ( y µ r, ~rs~r Y~' ~1 YIy A~'~Vt~'l~'ZVi ~. Y is ~ ~\5'TY ~ ~ ~y 4 1 'W~ !4Y 3 f ~ l M1 1 t > W 3.e 1 (1~s~ ) ' \3 e !t Jh) f r L' ~.~ tJ' ~~. S !. ,{ Tl r f ~ 1 m11 4 ~Y" t ~' 'SR 1~'3A ti [ 4A~` $T ~ ti ~ - ~ o r V h 1, n . wy I 'A i • Equipment must function without failure in Yes -Specification is met wind, rain, snow and temperetures above 100 deg. F and be l o w -10 d eg. F. ~} ~y ~ y ~ ~ yp X~~ r~~r ta.?,fa~M•fW~ ~~~ O~~ .,a~ ~ in'~f ~ f~litry~ ) ~-~~t ` ~ a e ~( y jy~ y, Q`.'~pC~AfALaI'i tp'K lA A f i., \5Y `TZ. w~,Mper^s c ~av li ~'n(* `4 h ~~~~h7*`~ 4 ~ ~ - M, ~~yy~'y ^ ~ ~ 11{ YS erg ... ~ vk i~'4f rlt') V ~la 0~~~`~ i .sT' n nn( ' '~ ^ t ~ ~ `~~ eA;R~ h, h+A~1v r rliyt~ xis '. 1 i~,A `i~ ~ rY i .. ~h )11~1 ~ ~ I Jll ~ -yI + } ~ 1~~4Ai PYS iha.,s\i ._4 ~ ' ~~~M~~ ~ ~~' 4 4 } ~ Ax a ~_. lit ,'4 „\ I C~ Y 5` .~ . ~ k --C`!)Sr~l fS YzF1 1 t k Vt~2 t ~~ } L , v SA n ~. ~~9 :;,.: x t ~i' *.`re~ ~r ~ 1~ : SF A ti T k ~ f ~ i Y 1 ~:. 'c; 5 - m Z'° \L M ~ ~ " . , . e . _± :.. : ..tt " # r .! ~ ...... : i. S, P a, , .: • Must bB able to read license plates on both 'Yes -Specification is met sides of the vehicle simultaneously at;apeeds up to 20 mph with an accuracy rating of 80 rcent '+~ $l~"rOT18E~f~at•~r~~rra~11t1~ra11pt1O11 (,( :Yb3 ~~~~Sha3ini~t, ~,~ ,~ ,' ' Y 7 ~"~hBt~Itl~y_aYli'ai~l(~?~re~g~ y ~ k 1 ~ 5~,~5'~',` r ~45r x ,r ~~ ' ~ ° ? S,b i ti~ F G K~ ~iil z7~i~{~ 1 ~ ~ ~ x +(tYy .1 ' ~ ,~le'C T ( i '~ ry , r ,, 5. r . . I)X.l: `il ~ f ..! ,(nr (~.. n.. i .V II N., 1:•• p .ti ice{ } rs ~"` Ic 3.- L ! fp Ya A.. w re r ar. . • All system components that are mounted on Yes -Specification Is met, Genetec will provide a - the outside of the vehkle must be secured in 0/T Parking Tool Kit installation package. locked comparhnents with exception of the cameras and arKennas. These compaHments will be provkied by the vendor. ~1Q ~,,~., ~llu`~ i ~ i E f ~T N4'4 4 ~ +1 1°~ ~+ 3 ~l l'~l~I~~ B ~ *3'~' "- °~, f#I tl ~ n t w~ >` r ~ M1n§y \X ~ h- A PR 9 f ~ ~4' ~ ~i §t f~ s SCE; ~ ~ t ' t i ~ , A! { ..5 FY 1$ ., h ~R )(~'~~}EA~(~1~~3 ~! v t 1 y ~l~': ~ L aG~~/ `'. j51 A,~: t'i a~G=4 +a }4 7~ b t~,S v i z w ~ .r~SY 1 r " i ~~ {J~t Y h'J • 'ix 4f" ']~ ~l~ ' 1 S;yL`t'`¢ ~ t J { Il'~tl{ rv) 2 ~'~ ~~„ J"S ~ ~ , a a ~.f . ~4 , , a.. n l r ~ .rt,.f {3. 1 a: a t ...i s>i~' t • System moat be abbe to retrieve irrfo~'mation System can retrieve Information from T2 Flex from and update information to T2 Flex. upon deployment (within 60 days of order). it J will require a phase 2 implementation in order to send Information updates to the T2 Flex. This will take about 120 days from when the order is ' received. p -s~' y+~y y' +~ ~~~~f~~~~(~~~~~ ~lWSa { y ~y~l ~~i~~~F~A4 a 9 J r o 6 i Y ~~~rY~ , 3i~w l ~~3 {y(~~ {~ ~at C, y 'j y ~ F } ~J4f 'u ( '~ : ~'~i'~Y31 r ~*M, ~~a~ - ~~I~~ ~ '~^ ~ y ~a ~ rai, ywyc~ ~ ~~~ ~ s a _ ~~:~.~Y~'+lC ~~~ ~Y~St(x . i i [ _ ~ ~ y~~~~ d a f~+ ., ~ IIL~ ~'~` ~ Y.a, ~~ IS 3~~ a4~.`~5 h~y5?a ¢ ~4e`{lb~ ~ a ~'\4 ;y Y~~ ` < i ~.'a a r i1g._ k} -. l' Y ~ y Y*,~1.` •r'-1 Y ; ._ * u .;..7d ."_. .`:;' i 3i6'u3 ,v .~fH .,`t .. .. F~ ,: • l a:; ~ s'., - '~5 ~'.."' n'M " ` Ji, • Bidder must provide ail equipment, software Yes-Specification is met and can be delivered and programming to download data from T2 within 60 days of order. ~~ ~~eY~ 1_ ~V Flex into the LPR a stem database. Bidder Pncvitx`1b. QOiKt- 19 tn.,,~~: i hrti~ ~h~. i~ ~,b~ ~, V y GENETEC must also provide training and auppott for the database do wnload system for one year . w y ^ {µ ,' d y~ y ~i~~~tr, }i~ 1 aG~~l~iv b~ y~ l} ~y ~ fi r ~ y ~ _ iJ( b~.~~ ~i~~v~~>, t4 T Y 5 X ~ 1 1 g ~ !' + ~,~~Y ,1 ~~%'~ll • ~ ~ ("iT":~~4 1 f } t ;fir . 1 ~ 5~ s5txf• 31 -0 5 3. ,~ 'V%vtJ ~1 T pe'h} x ~ } t. ~'li~ ' ~ 1 . ~. ) "TT '~YIr1E~,a ~ illAi3 A1s ' ~ n ' ; z ~ ; ~ l f )' ~ ~ ` ~ , . . .,. ..,. .,~, ; ,5 ~ 1 ~ 16a + ...:sue ..... ,r ., ?,..' _..'x L :4 n: c),nu13 _ • Must be able to rid license plates as close Yes -Specification is met as five fast from the camera or as far as twent fe t t ra t h -, na+. ^-• '12e~ C1D/ ) 1;n; i ' 1 y e camera. m e mw fte a ~ V yy ~~ ~j yy ~ ~ y 'fv~a®~~Sg •~ Y1t~>.W~W~,ea i •~RYt~ 11 y ~1 i`~5~ ~~~ ii~~ ~~~4kLr'~01Y~ 2 [Lt M1~^I(l~'. . I}h 5(;a d ^I~ ~ ; ~Y~~ \i. blVS 4 B % L M1 5 ~~ ',. Rvh~Yt x LL , VS r 1"Vh ~~t1 F ~ ~ V Fi~E l'M~ k 1 ~ } ~ M1 n . d ~1 hr r ~f\ ,A~MNkII ~'~. II b x~ ) 4 E w kSti TkA 1~\n ., t >_s ~, kslx~'r ! L I } ' ~ T . `7. 4 F.y ,i,.~n...:l.. Ai#{ y.:.,vre': vG :Lyxfi:i .~f i. {. , Ya ti 1 ¢ 1'. ' Pk . ., . ` 2 . r• .,iv'4 ..?;1 ~Vi.M1trC':rYN :~' ,. c,i y~ • The LPR system must have the ability to Yes -Specification is met store 10,000 vehicle images. •'~~te~ b~ rituaf; ~~,~ ~TdY ~ L SpeF~ ` ~ rl~et ,51 ` ;x` ~ „ L , ~'~,~rlii'9~~d.~tii~~ ,"11H ` B~a'~1'ha~~t,~1 ijs ` ~ ,5 ~°. " a 1 j " ~ ~~,~ ` ,~ 1~,~, y >< 4 k';~ E h ' ~ l '~+P.. ~ 5 , A a 9 2 R~dlt t il r4 s , ~`~ i 4 1 e E-. ' 1 y{~' l v ~v~n Pt. ~ ~J "~ , 3. rf~ s l ~h ~a r, e~;yY - .,rr y «i ~ ~ " s T x ~ ~ F J t . . u+ 7 -''~+in . i , t ...._:~; `x .....,. u r,7 "`S'u r .? ~` it J i l : wys ~ ) - E2 ~l.it'Z.. ~ `~ ., • LPR system software must be able to Yes -Specification Is met pinpotrrt vehicle locations and r+ecoM >~his information with the vehicle images. This Information must be retrievable for citation appeals and research. ~';~,:,. ' ~asit~~~~a ~ei~s,~aF,a"rittl ~IbHa w ,~' _'_ ~ ^ '• 3' .,a. S s: ~~pec~tuca`gon=is~~aa~l' ,, s~~ , rf'r>~\~#i5 ~ ~f Y L` y~4~ ~' ~`•<rP( 'u. ~' n~. tpv ~ K ~ 5 `~ ~~ +; .,rA.~~ ~y J R `1'~1+,' Ri ,~~'1~ ~~~~yyyp F Y YkAA I ~ !~ 1 {~/ I 4Y IY E5 4 J~~l~ {1,~'GI r.11 )). tt1 < 11~r •\{~r '' 1_~~ L45Y ~~ Y T i£ `~Z Z'S~ ~ ~Iv 41 A^'}h i-~, T ~ E r q/~ Y ~ ~~ '~ ~ ` F 1~5: y~ ;£ a Y}} 4~ t 1 1 S l l~ `I 1 ~ ~ + . ~~p ~[{j~~..1y~/1NM / L ~k0 S SI~:1 ~y,i"..SI. ~ ~TlYl 1,tlr SM~Ir` ~1{t ~ f yPC s ~~ J ~~~SA 1 r 7 J + ~ 1 , C .F ' (~TlL~<lY Ih1F I~ 3t1 .Y 1 \ ~~ 3- ~ t i A~ .} tx~ ` J\x ~'LY% "e S~'~tyd I e- s~ z 1 ~ " -. d S\15. )1 4~ `~1' "Y~ ~' . 1 l~n. N , +w 3 i .;, < a 1~ ^t n u y ~ . y ! A x ii ~ ~ ~f 1 ~'u _ 1!>r i#.h R Y R vrrl + , t, i3 5, . . `.s d ~ { , i L` 1 . F.fl A .t CI ; ii 5 \v~r M~ ' ' i , , , " Y ~~11 4 _ ' ~t' i 1 ~ A P `L .. ~L . d.~ 1 , ~. a .Iti ~ i : , ' ~ . r 3 „iS • All mounting hardware for the LPR system Yes • Spedflcation is met must be provided by the vendor. ; s • rc~f ~• ¢m~ ,M.~~rs7i-~i~,~J`d v~ fi Fil ` ~y3 `" ~.- t.. ~~ 'dQCCi~I _ en~;~~~'!:` t a + "'il ® Th1 \ A )~ S FIN rn ~] ~ r~f4i ~ r ~~f P ~ 3 ` ~ \ / 'r l ~ Y , r ~ 3 5 ~h \~ L t '.Ll ~Y FS1 1 itF' 1 4~1 ( C 1 Y $S . k 6 ~ f >IC i 4 y: f rv i~ ,.} ~' .>:1" i) 1 1j1 t lb ' E x ~ - ~' ~ 1 \I 11 T43! I1V' l+, l1 ! { ~ 3 b ' ~ L : n.s .fe.. .l. l I ,.vl)Av., - o~,. ~ , .."S.a i c„. x v v,v 1. S.J el . ~ • LPR system must have the ability t0 store, Yes -Specification is met monitor and enforce multiple zones in.a shift. MEMORANDUM TO: FROM: THRU: DATE OF MEMO: MEETING DATE: RE: Mayor and City Council Tim Ware, Director of Parking Randy Ready, Assistant City Manager July 17, 2008 July 28, 2008 IXb Pay-and-Display Meter Contract (Resolution #~ REQUEST OF COUNCIL: Staff requests approval of the contract between the City of Aspen and Precise Park Link for 15 Pay-and-Display Parking Meters to be used as day pass pay stations for the three-block area of the residential parking zones surrounding the commercial core. Approval of this contract should be contingent on Council's approval at second reading of the amendment to the Aspen Municipal Code section 24.16.180 that would allow only up to two hours of parking per weekday in residential zones within three blocks of the commercial core without a permit or daily parking pass. PREVIOUS COUNCIL ACTION: On July 14, 2008 Council approved on first reading an amendment to Aspen Municipal Code section 24.16.180 Time Restricted Parking Areas in Residential Permit Zones to allow only up to two hours of parking per weekday in residential zones within three blocks of the commercial core without a permit or a daily parking pass. BACKGROUND: The City implemented the parking management program in 1995 that included a Residential Permit Parking Program. The Residential Parking zones included a two hour parking option at no charge for anyone to use. Exemptions to the two hour restriction are residents that live in the area, lodge permits, carpools and hybrid vehicles. Any other users in the residential zones that need to stay longer than the two hours have the option of buying a daily parking pass. Staff s primary focus was on implementing programs that would help reduce levels of traffic and improve pedestrian friendliness in town during the peak seasons. A number of parking program modifications have been offered for consideration. as potential measures for reducing parking occupancy, encouraging transit ridership and increasing revenue generation for TDM programs. Page 1 of 3 The purpose of the current residential pazking permit program was to prevent spillover parking from the Commercial Core into residential areas once the paid parking component was put into place. The residential program allows for up to two hours of pazking without a permit Monday through Friday 8:OOam - 6:OOpm. Residents aze issued permits that exempt their vehicles and their guest's vehicle from the weekday time restrictions. However, staff has found that despite residential zone enforcement and other discouragement of the shuffling of vehicles every two hours to avoid a parking ticket, over 50% of the vehicles in the two-hour residential pazking zones (between 300-600 vehicles per day, depending on the season) are simply moving their vehicles about every two hours. They aze in technical compliance with the current parking ordinance, but this "two-hour shuffle" undercuts the primary transportation goals of the community to decrease traffic and parking congestion, improve the quality of life and quality of the guest experience, and improve air quality. At the January 2008 work session Council directed staff to proceed with an amendment to Aspen Municipal Code section 24.16.180 Time Restricted Parking Areas in Residential Permit Zones. DISCUSSION: If City Council were to approve the amendment to Aspen Municipal Code section 24.16.180 at second reading, the need to distribute daily pazking passes for the residential parking areas would increase. Currently day passes are sold at all City Markets in the Roaring Fork Valley, all ACRA visitor locations, the Rio Grande Parking Garage, the Airport Pazking Kiosk and the Parking Department Office. While all these sales locations work well for our local and commuter customers, visitors that pazk in the residential zones are usually not aware that they may pay to park beyond the two hour time limitation, nor do they know where they may purchase the day pass to do so. The 15 pay stations will be placed in high volume parking areas near the perimeter of the commercial core and will distribute day parking passes only. These units will be accessible and signage will be used to direct users to their location. The pay stations will take coins, tokens and credit cards as payment options for the $7 daily parking fee. Staff will continue to research alternative payment methods, including the emerging pay-by- phone technologies to help supplement, or perhaps to someday replace, the pay stations as residential day pass payment options FINANCIALBUDGET IMPACTS: This project will impact the Transportation and Parking budget in the amount of $242,623.50 for the 15 solar-powered pay stations, including delivery and installation. This change to the residential zone parking program will increase the amount of residential day passes sold, which will generate an estimated $260,000 of additional revenue annually. While the residential pazking regulations would be in effect on weekdays yeaz-round, using a very conservative revenue calculation formula of 25% occupancy of the approximately 1500 spaces within the three blocks in residential permit zones around the commercial core during the 140 Page 2 of 3 peak days of the winter and summer seasons results in an estimated $350,000 per year in revenue. When the current revenue of about $90,000 per year from day pass sales is netted out, net new revenues from this parking code amendment would be about $260,000 per yeaz. The investment cost in the new equipment and signage necessary for the parking program change would be recovered within the first year and a half of the new program operation. ENVIRONMENTAL IMPACTS: The Environmental Health Department believes these changes aze crucial to the City's efforts to reduce PM-10 pollution (over 83% of which is caused by traffic on high pollution days), carbon monoxide pollution, ozone and other vehicle pollutants, and to meet the city's commitment to capping traffic at 1993 levels. The two-hour shuffle of cars severely reduces the effectiveness of the paid parking program in encouraging mass transit use and carpooling. Given the great challenges of global warming as well as conventional air pollution, incentives for reducing vehicle trips are essential. When the paid parking program was implemented in 1995, it was believed that the "two-hour shuffle" would be ended. Not only has that not happened, but hundreds of single occupant vehicles each day are moved repeatedly, which undermines the city's efforts to promote mass transit, reduce air pollution, and meet greenhouse gas reduction goals. RECOMMENDED ACTION: The Transportation and Parking Department recommends approval of the contract between the City of Aspen and Precise Pazk Link. ALTERNATIVES: Council could direct staff to explore other options to distribute day parking passes. --77 PROPOSED MOTION: "I move to approve Resolution #TI Series of 2008 for the purchase of 15 pay stations to serve as residential day pass dispensers in the three blocks around the commercial core." CITY MANAGER COMMENTS: ~~.xeK~ O~rYbva-P '~t~x~^~ ATTACHMENTS: A -Exhibit One -Contract for 15 Pay-and-Display Meters Page 3 of 3 RESOLUTION # ~~ (Series of 2008) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND PRECISE PARK LINK SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE PURCHASE OF PAY-AND-DISPLAY METERS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Precise Park Link, 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 Precise Park Link regarding Pay and Display Meters, 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 July 28`h, 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 PRECISE PARKLINK INC., ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that al] work pursuant to this agreement shall be completed no later than October 31, 2008. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. Payment. In consideration of the work performed, City shall pay Professional on a rime 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 $242,623.50. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. Non-Assignability. Both parties recognize that this contract is one for personal services and catmot 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, etrors, 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. 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 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 may be determined. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of al] federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such 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, of 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 PSI -971.doc Page 2 damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MII.LION 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 tamed by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, and 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 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. 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 are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. PSI-971.doc Page4 Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: Professional: PiQCC+SC PA/C,1c ~n+iG City Manager City of Aspen /UO FcoRAI_ aA2Kw~'1 130 South Galena Street Street Address Aspen, Colorado 81611 City, State & Zip Code N1~( o?C S Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. Execution of Agreement by City. This agreement shall be binding upon al] 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. Ille¢al 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 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 PS1-971.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 PSI -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) 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 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. PS 1-971.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 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 aze no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] PSI-971.doc Page 8 ATTESTED BY: CITY OF ASPEN, COLORADO: By: Title: Date: PRODFESSIONAL: WITNESSED BY: P~QcClSC ~.~lC ~/N/G Title: L7l,~e~--r~l~ [Jv5/~v~} J~VGfL~wlr--i Date: J ~.~- ~ `( 2. JO }~ PSI-971.doc Page 9 EXHIBIT "A" to Professional Services Agreement Scope of Work Precise Parklink will provide and install fifreen (15) DG 3000 Pay & Display machines coin credit /RF/Solar/E lock machines. All units will be delivered and installed no later then October 31, 2008. The City of Aspen will provide assistance and all necessary vehicles and staging area. Total cost includes custom mounting brackets. All parts are covered under a one year warranty plus shipping costs. PS1-971.doc Page 10 EXHIBIT "B" to Professional Services Agreement Rate Schedule Precise Parklink will provide, ship, and install fifteen (15) DG 3000 Pay & Display machines coin/credit /RF/Solar/E lock machines for a total not to exceed $242,623.50. PS1-971.doc Page 11