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HomeMy WebLinkAboutagenda.council.regular.20100308CITY COUNCIL AGENDA March 8, 2010 5:00 P.M. Call to Order it. Roll Call III. Scheduled Public Appearances a) Outstanding Employee Bonus Award 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) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Request to Close Street — Aspen Ski Company Core Party b) Resolution #18, 2010 - Proposal for Additional Castle Creek Studies c) Resolution #19, 2010 — Contract Control Sequencing ARC d) Resolution #20, 2010 — Contract Award —Castle Creek Drain Line/Penstock and Thomas Reservoir Intake Structures e) Resolution #21, 2010 —Wheeler Needs Assessment f) Resolution #8, 2010 — Contract Burlingame Phase II Architect g) Minutes —February 22, 2010 VII. First Reading of Ordinances Vlll. Public Hearings a) Ordinance #5, 2010 — Code Amendment — Wildlife Protection b) Ordinance #29, 2009 — 211 W. Hopkins — Ordinance 48 Negotiation c) Ordinance #2 2010 —Aspen Club Final SPA/PUD IX. Action Items X. Adjournment Next Regular Meeting March 22, 2010 COUNCIL'S ADOPTED GUIDELINES ✓ Stick to top priorities ✓ Foster a safe, supportive, innovative work environment that encourages creativity and acceptable risk -taking ✓ Create structure and allow adequate time & resources for citizen processes COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. III swo ASPEN February 18, 2010 All Parks & Recreation Department Employees, City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Dear Parks & Recreation Department Employees: Congratulations, it is our pleasure to announce that the employees of the City of Aspen Parks & Recreation Department have been selected to receive a Quarterly Outstanding Employee Bonus Award. This award is being given to the Parks & Recreation Department for your outstanding service in providing the Winter Wonderland experience for locals and guests alike. The Winter Wonderland was an idea that was developed and implemented as a team from inception. The actual flooding of the rinks, development of the snowshoe trails, Whoa Nelly sled hill, the provision and rental of equipment, the maintenance of the facilities, and the marketing of this experience. Those employees who may not have been directly involved day to day with the Winter Wonderland maintained the high level of service to our patrons and supported their fellow employees in seeing that all aspects of Parks & Recreation operations continued without a drop in the service level while their peers were developing the Winter Wonderland facilities. The implementation of the Winter Wonderland was truly a team effort by having all employees support each other, offer ideas on how to make the amenities better and safer, and everyone working together to see that the facilities were attractive and well maintained once they were complete. The Community has provided letters of thanks, there have been many words of appreciation, and just watching the many kids and families who have used the Winter Wonderland identifies the success of your efforts. Thank you for the ideas, the teamwork, and the support everyone in the department has provided to ensure the success of the Winter Wonderland and the continued service level of the Parks & Recreation Department facilities and programs. This creativity identified the high level of commitment you as City Employees provide to the Community of Aspen and for that we thank you. The team award will be presented at the march 8`h City Council meeting at 5pm. Please plan tc be in attendance for the presentation of the award, the recognition of the Parks & Recreation Department Employees, and represent the team effort that has been so greatly appreciated by the Aspen Community. Respectfully, Jeff Woods; Manager of Parks & Recreation Stephen Ellsperman; Parks Director Tim Anderson; Recreation Director February I7, 20I0 Mr. Tim Anderson, Recreation Director City of Aspen I30 S. Galena St. Aspen, Colorado 8I6II Dear Tim, I am writing to you to thank the City of Aspen for creating the ARCtic skating ponds. What a Qift to our townI Honestly, it's the best thing that's happened to Aspen in a long time! My husband and two little boys (8 and 6 yrs.) love the ponds and have skated there dozens of times this winter. What could be better than a mixed group of big and little kids and adults playing a pick-up game or hockey OUTSIDE in our beautiful environment? We are so hopeful the ARCtic skating ponds will be there for many winters to come. Again, on behalf of all the young hockey enthusiasts in town THANK YOU! Sincerely,SusinneMorrtson PS I'm sure the tourists love it too! 4*IEVW� T From: Kyle Boucher [mailto:gaap05@comcast.net] Sent: Wednesday, February 17, 2010 8:11 PM To: Tim Anderson Subject: Outdoor Rink Tim, I went out there by myself for 2 and 1/2 hours one day and just worked on my stick handling and shooting. I feel that one day on it's own helped tremendously. I wish I could have used it more but I am on the Midget Major A team and the High School team, constantly going to Denver (11 weeks in a row). If this is continued next year and the years to come I know it will be in use everyday by the public and hockey players throughout A]H. Thanks Again Tim, Kyle Boucher From: Nancy Mayer [mailto:nancy@aspensojourner.com] Sent: Wednesday, February 17, 2010 11:25 PM To: Tim Anderson Subject: Thank you for the outside ice rink Dear Tim, When I first saw the outside ice rink I was so amazed! You did a wonderful, wonderful job and even before I got on the ice it took me down memory lane. I grew up skating on an outdoor rink and what amazing memories I have and how terrific to give such memories to so many lucky children, locals and visitors alike. Thank you for all your hard work and thank you to the City of Aspen for helping make this happen. My family and I are very appreciative. Warm regards, Nancy .Nancy.7rt. Mayer Publisher ASPEN SOJOURNER Mountain Homestyle I Aspen Sojourners Art & Dining Guide I Radiant You 411 E. Main Street, Suite 205, Aspen CO 81611 T: 970.925.7809 ext. 15 1 F: 970.925.67991 cell: 970-948-1064 www.aspensoiourner.com\ ASPEN JUNIOR HOCKEY February 22, 2010 To Mick Ireland, City Council and Steve Barwick: As the Director of the Aspen Junior Hockey I would like to send a huge thank you to the Parks and Recreation Department for putting in the pond outside of the Lewis Ice Arena. It has done wonders for our program and we have seen an increasing number of kids out on the rink every day. Skating on rinks outside is how the sport of hockey began. To see kids and adults outside enjoying the game together away from coaches has been a true joy for me to watch. Not only are the kids enjoying it but I have also seen a huge increase of parents participating with their children. In the long run this type of activity will increase the number of participants in all of the recreation centers ice programs. I am truly appreciative of this new opportunity for our community members and look forward to seeing outdoor skating activities continue for seasons to come. If you would ever need some assistance or help facilitating new ideas please feel free to contact me at any time. Thanks again for the added ice skating opportunities. Sincerely, N Chris Lockrem Program Director Aspen Junior Hockey 970-618-5987 .............................................................. P. O. BOX 3390 ASPEN. CO 81612 www.aspenjuniorhockey.com Tax Exempt # 51-0143083 MEMORANDUM TO: Mayor and Council FROM: Kathryn Koch, City Clerk DATE: March 1, 2010 RE: Spring Jam Core Party via. SUMMARY: Aspen Skiing Company has requested a special event permit for the Spring Jam Core Party for a Concert on the Cooper and Galena mall, Saturday, March 201h - 8 to 11 p.m. This will be the seventh year of a Spring Jam Core Party in that location. The special event committee reviewed this application and recommends approval. The approvals requested from Council are: • approve or disapprove the request for noise to 11 p.m., which is beyond allowed time of 9 p.m. • the request to close Cooper and Galena at 4 p.m. DISCUSSION: The Special Event Committee met with the Skiing Company March 4th to review this event. The applicants delivered letters to every business and residence fronting each venue. The letter for the Spring Jam concert is attached as it thoroughly outlines the event and related requests. The street closures will be the same as last year. Cooper and Galena streets will not be closed until 4 p.m. The first year the streets were closed for the entire day. There were requests from merchants asking the city not to approve street closures for the entire day. Staff and the applicants worked out a plan that allows the parking on Galena and Cooper Avenue to be left open until 4 p.m. on the 201h. The Aspen Skiing Company will be responsible for signing the two blocks with fluorescent signs alerting people that the streets will be closed after 4 p.m. The Skiing Company will have volunteers circulating and letting people know they must move their car by 4 p.m. The Skiing Company will work with the parking and police departments to try and locate owners of any cars left in the venue. There will be no tows unless a vehicle is left in front of the stage area. This approach has worked well in the past 5 years. Section 18.04.050(a)(3) allowed noises states (3) Special Events or other events to which the public is invited with the following conditions: (a) The maximum decibel level at the perimeter of the event does not exceed 100 decibels; and (b) Amplified noise shall be created only between the hours of 9:00 a.m. and 9:00 p.m.; and (c) Neighbors within two hundred fifty (250) feet of the site of the proposed sound source are notified. Such notification must be in writing and be done seven (7) days prior to the starting time of the event; and (d) The arrangement of loud speakers or the sound instruments must be such that it minimizes the disturbance to others resulting from the position or orientation of the speakers or from atmospherically or geographically caused dispersal of sound beyond the property lines. This event is open to the public and is free. The Special Event Committee reviewed the noise variance request and recommends Council approve. C. J. Oliver, environmental health department, requested a definitive schedule on sound checks. Council has final review authority on proposed concert because of the proposed hours until 11 p.m. and that it is located in the middle of the commercial core. FINANCIAL IMPLICATIONS: There may be some overtime costs to both the police department and the parking department. The parking department will charge for parking spaces used by this event. RECOMMENDATION: Staff recommends Council support this event. The venue has worked in the past; it is open to the public. It is during Spring Jam and meets the Ski Company's goal of adding value to the guest's experience and focuses on Aspen, the world's premier resort community. ALTERNATIVES: The alternative is not to approve the concert. The Skiing Company states they "hope to continue creating exceptional spectator venues which establish Aspen/Snowmass as a cutting edge leader in resort activities". We did not discuss alternative locations. PROPOSED MOTION: If Council adopts the consent calendar, they are approving the Core Party Saturday March 20`h from 8 p.m. to 11 p.m. located at Cooper and Galena and also to allow Cooper and Galena to be closed after 4 p.m. CITY MANAGER Attachments: 1. Letter to adjacent properties re: Spring Jam concert 2. Map of Spring Jam concert venue amen/swwmass 111h Annual Kick Aspen Big Air — Friday March 19th Core Party featuring Vampire Weekend — Saturday March 201h Hi-Fi Concert featuring The Greyboy Allstars — Friday March 261h This year's Spring Jam is full of events that will make the Aspen experience a memorable one for all that are visiting town and for locals that have come to expect exceptional events from Aspen/Snowmass. KickAspen Big Air is scheduled to take place on the Little Nell run just west of the Gondola building from 8:00 p.m. — 9:30 p.m. on March 19. The event will be held under the lights and will feature top regional skiers and snowboarders as well as local Aspen/Snowmass team riders competing for a $7,000 prize purse. There will be a DJ and announcer on the PA system from 6:00 p.m. — 9:30 p.m. Lighting will be on -hill to light the venue and access areas for the athletes and spectators as well as sponsor displays, tents and vehicles in the upper and lower Gondola Plazas. ASC will conduct a light test on -hill between 8pm and lOpm on Thursday, March 18. If you have any concerns regarding plans in the venue please contact the event manager, Justin Erickson at 970-300-7031. The Core Party is scheduled for Saturday, March 20, on the corner of Cooper and Galena streets where a sound system will be running (8:00 pm —11 pm: please see attached layout on reverse side). Parking and streets will remain open until 4 pm on March 20, with the exception of 10 spots requested for event use from 8 am Saturday, March 20 until Noon on Sunday, March 21. The public will be encouraged to continue with "business as usual" until 4 pm when the streets/parking is closed. There may also be announcements earlier and a sound check will be conducted from 5:30 — 6:30. A teardown of the venue will happen that evening from 1 1pm — 12:30am. We will make best efforts to work with surrounding homeowners and lodges to keep loud noise to a minimum. The Core Party venue is located on City of Aspen property, which required a special permit. ASC representatives will appear before the special events permit committee for permission to host the event and before the City for the noise variance until 1 1pm and the necessary street closures. If you have any concerns regarding plans in the venue please contact either Kathryn Koch with the City of Aspen at 970-429-2685 or Event Manager Deric Gunshot at 970-300- 7036 and we will be happy to address your questions. The Hi-Fi Concert featuring Greyboy Allstars will be held on Friday, March 26, from 7:30-10:00 pm at the base of Aspen Mountain. A small stage will be placed on the west side of the upper Gondola Plaza (the side with the Little Nell chair lift). The stage will play south up the ski slope. The stage will be placed in position on March 25 after 5:00 pm. The stage will be removed from the hill after the event on the night of March 26. The venue for the crowd will be confined to the upper gondola plaza and the lower slope of the Little Nell Run. For any additional questions please contact Deric Gunshot at 970-300-7036. The impact of our events on the homeowners, businesses and guests of Aspen are very important to us. A key component of hosting these events is to increase the experience for our guests, appeal to the local community and to bring additional business to downtown Aspen. Please feel free to contact us at 970-300-7035 with any concerns or questions leading up to this year's event. For more information on these and other Aspen Skiing Company events go to www.asnensnowmass. rom Thank you for your continued support, Event Marketing Department Aspen Skiing Company 1 x-Fx Ty yy i ® i 7 Boogies Bud Light Spring Jam CORE Party Featuring: Vampire Weekend Saturday, March 20, 2010 S 8pm-llpm W ............... 4' Bike Fence N Hard Road Closure -4pm Concert barricade Truss -�- Light Tower Sponsor Tents ® Restroom - 3 + 1 ADA Fire Pit Search Light • Information Kiosk BOH Access Tree Security Officer Ambulance Roaming Security Reserved Parking Spi • Credential Access Pt. d Fire Pit Oft. 27 ft. 45 ft. 90 ft. 1"=45' ■ WO BeeiGrden i LJ I Ralph Laur in Ruth Chris i Pismo A �e � _.. FS 0 + ■ 7� YPKG R SPOTS _.- ALL D 7HWR V min ArtMuseum PE 701 Tent Paradise Bake Lora Prima alb Hanson IQ ii Red Onion H IIIr m � K mo Sat» I Prada ■ Ajax Ta- m n land 8 — — s ALLEY Optic Shop C a Bar i ALLEY MEMORANDUM TO: Mayor and City Council FROM: Phil Overeynder, Utilities & Environmental Initiatives Director DATE OF MEMO: March 1, 2010 MEETING DATE: March 8, 2010 RE: Contract Amendment with Miller Ecological Associates to Perform Aquatic Biology Studies on Castle Creek REQUEST OF COUNCIL: Approval of this proposed contract amendment with Miller Ecological Associates will provide for completion of aquatic and biological studies on Castle Creek in connection with permitting activities for the Castle Creek hydroelectric plant. The additional studies were requested by the Colorado Division of Wildlife (CDOW) in response to "preliminary Project Information" circulated for public as well as agency comment as part of the Federal Energy Regulatory Commission (FERC) requirements for operation of a hydroelectric facility. Conducting the studies requested to be authorized under this contract amendment along with the City's commitment to operate the hydroelectric plant in accordance with the study's findings demonstrates the City's continuing commitment to maintaining a healthy aquatic habitat through measures that provide for maintenance of appropriate in -stream flow. The cost of the additional studies requested is $48,400. PREVIOUS COUNCIL ACTION: In June 1993, City Council adopted Resolution 93-5 which provided policy guidance for the use of the City's water rights and related assets. That document and subsequent amendments stated the City's policy to "promote recreational and environmental interests such as maintaining clean streams, water conservation, maintaining minimum stream flows and aquatic habitat, and developing hydroelectric power." In 1998 the City entered into an agreement with the Colorado Water Conservation Board to implement the in -stream flow portion of this policy and to ensure that the City's water rights were exercised in a way that protects in -stream flow values. Pursuant to the latter agreement, the City has invested in stream measurement improvements to provide for protection of adequate flow levels in Castle Creek as well as investing approximately $500,000 in a wellfield development program to provide an alternate water supply in times of drought rather than continuing historic practices of reducing flows below acceptable levels necessary to protect aquatic habitat. In November, 2007, Aspen voters approved the issuance of a $5.5 million bond for the re -construction of the Castle Creek Hydroelectric Plant. All of the bond proceeds have been budgeted towards engineering, permitting, &and construction of the facility. Page 1 of 2 DISCUSSION: Permitting activities related to construction and operation of the Castle Creek hydroelectric plant include the City's local land use process as well as obtaining approval from FERC. In late 2009, the city circulated "Preliminary Project Information" on the project and held a required public meeting to solicit comments from interested members of the public and other stakeholders including natural resource agencies. The most prevalent comment was a request to evaluate the effect of stream flow changes in the reach between the point of diversion and point of return on Castle Creek. Detailed comments were received from CDOW, which included their request for additional studies on flow levels necessary to support a healthy aquatic environment. The proposed scope of work as part of the proposed contract amendment will fully satisfy CDOW's request and will be responsive to the comments received. Implicit in the CDOW request for additional studies was a request for the City's commitment to operate the facility to ensure that the stream flow recommendations of the study are satisfied on a continuing basis. CDOW is agreeable to proceeding with licensing of the facility while the necessary studies are conducted. FINANCIAL/BUDGET IMPACTS: The $6,197,981 project budget for the Castle Creek includes $509,131 for engineering and FERC licensing. This portion of the project budget is fully obligated with no unobligated funds for permitting. There is a project contingency of approximately $800,000. If approved, the $48,400 cost of the study would come from the project contingency. ENVIRONMENTAL IMPACTS: Conducting the recommended study will provide the information necessary to identify stream flow levels necessary to support a healthy aquatic environment. RECOMMENDED ACTION: Staff recommends authorization to conduct the additional stream studies on Castle Creek. ALTERNATIVES: A number of public comments received as a result of circulation of the "preliminary project information" included a request to prepare an Environmental Impact Statement (EIS) under the National Environmental Policy Act. Under this alternative, studies would be conducted independently by FERC as part of the licensing process. Staff believes that while the procedural requirements of an EIS would differ, the substance of the studies recommended by CDOW would be the same as that required by an EIS. Staff does not recommend preparation of a Federal EIS because it would not offer additional environmental protections beyond the agreed upon scope of work recommended by CDOW. Preparation of an EIS would also delay the project, add to the cost of the project, and jeopardize the project economics. PROPOSED MOTION: I move to approve Resolution # I 0 CITY MANAGER Page 2 of 2 RESOLUTION # C� (Series of 2010) A RESOLUTION APPROVING AN AMENDED CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND MILLER ECOLOGICAL CONSULTANTS SETTING FORTH THE TERMS AND CONDITIONS REGARDING ADDITIONAL AQUATIC BIOLOGY STUDIES ON CASTLE CREEK 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 Miller Ecological Consultants, 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 amended contract between the City of Aspen, Colorado, and Miller Ecological Consultants regarding approval of contract amendments for Aquatic Biology studies on Castle Creek through Miller Ecological Consultants, copies of which are 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 March 8, 2010. Kathryn S. Koch, City Clerk MILLER ECOLOGICAL CONSULTANTS, INC. MEMORANDUM Date: February 15, 2010 To: Phil Overeynder, City of Aspen From: William J. Miller, Ph.D. 2111 S. College Ave., Unit D Fort Collins, CO 80525 (970)224-4505 CC: Karl Kumli, Cynthia Covell Subject: Proposal for additional studies on Castle and Maroon Creek to support the license application for the Castle Creek hydro plant. The city of Aspen is in the process of completing the application for a conduit exemption for the Castle Creek hydro electric plant. A public meeting was held on November 12, 2009 to solicit comments from the resource agencies and public. Two set of comments, one from the Colorado Division of Wildlife, and one from the Aspen Wilderness Workshop, requested additional studies to evaluate potential impacts to aquatic resources. The CDOW has requested several additional studies to evaluate the impacts. These are: 1) additional R2Cross data at two locations on Castle Creek, 2) fish population and winter habitat data on Castle and Maroon creeks, and 3) surveys for Boreal toads. The CDOW based the request on the fact that that the original R2Cross data was collected over thirty years ago and is located upstream of the points of diversion on Maroon and Castle Creeks and may not accurately reflect existing stream conditions. The existing fish data is several years old (data was collected in 1977 and 1979 for Castle Creek and 1993 for Maroon Creek). Additional and more current fish and habitat data would allow the CDOW to more accurately evaluate future project operations on existing fish populations and winter habitat conditions. Populations of boreal toads have existed on Castle Creek (adults observed most recently in 1998), Conundrum Creek, a tributary to Castle Creek (adults last observed in 2002) and currently a robust breeding population of boreal toads exists on East Maroon Creek. The boreal toad is presently listed as a State Designated Endangered Species in Colorado. Miller Ecological Consultants, Inc. Page 1 The Wilderness Workshop asserted that the R2Cross data from Maroon Creek collected in 2000 would be applicable to Castle Creek. The hydrology data for each stream suggests that the Maroon Creek data would not be directly applicable to Castle Creek and we recommend that new R2Cross data should be collected on Castle Creek. The Wilderness Workshop also suggested that additional studies be conducted to determine an ecologically sustainable flow regime for both Maroon and Castle creeks. A full year flow regime can be determined using the hydrology data and the additional data collection recommended by CDOW. The scope of work contained herin was developed to respond to those comments. We propose the following studies to acquire the data requested by CDOW. Task 1 - Collection of additional R2Cross Data at two additional points on Castle Creek: a. At a point downstream of the city of Aspen Castle Creek diversion and upstream of the point of discharge from the proposed Castle Creek hydro plant, and b. At a point downstream of their point of discharge and upstream of the confluence with the Roaring Fork River. We propose to collect this data prior to spring runoff if possible and would be collected using standard methods described in the publication "Development of Instream Flow Recommendations in Colorado using R2Cross". CDOW also requested Aspen incorporate the additional R2Cross data the CDOW has recently collected on Maroon Creek into the environmental report. This data was collected downstream of the Maroon Creek diversion point and upstream of the confluence with the Roaring Fork River. We propose to obtain the new CDOW R2Cross information and incorporate this new R2Cross data collected on Maroon and Castle Creeks into the environmental report. As part of this study, we plan to meet with the city and CDOW after the additional R2Cross Data has been collected and analyzed. This meeting will allow both parties to discuss how project operations and future diversions from Maroon and Castle Creeks can be optimized to minimize impacts to the natural environment of Maroon and Castle Creeks. Miller Ecological Consultants, Inc. Page 2 Task 2 — Fish Population Data. We propose to collect additional fish population data and provide additional information regarding existing winter stream habitat conditions for Maroon and Castle Creeks. The preferred time to pollect this data is in the fall (September through October). However, to complete these studies as soon as possible to continue progress on this project, we propose to collect the data in the spring prior to runoff. The electrofishing data prior to spring runoff will result in lower densities and biomass totals due to cold water effects on fish response to electricity. Any comparison of future sampling efforts would specifically note the season of sampling. Fishery sampling is proposed to be conducted on a representative 500 foot reach of stream using standard fishery sampling techniques according to stipulations cited in the Scientific Collection license. Data for the analysis of winter habitat would be obtained by collecting additional cross section data in several stream habitat adjacent to the R2Cross locations. The collection of additional cross section data, and specifically, water surface elevations at two or more discharges, will allow the simulation of habitat at winter flow levels. These data would be collected concurrently during R2Cross studies, fish population surveys and boreal toad surveys. Task 3 — Boreal Toad Surveys. We propose to collect additional information relating to possible boreal toad populations and habitat on Maroon and Castle Creeks. We propose to conduct at least 2 or 3 daytime surveys and one night time survey be conducted at each site during the breeding season (mid -May through June). In addition, Maroon and Castle Creeks would be surveyed in August, preferably during a warm sunny day, below the existing diversions to determine if juvenile boreal toads are present (see attached map). The surveys would be conducted using standard procedures described in The Boreal Toad Conservation Plan and Agreement (Loeffler, 2001) and the attached amphibian survey form instructions. We will use the updated disinfection protocols that now require Sparquat prior to any surveys. Sites to be surveyed include upstream and downstream in the vicinity of the city diversion structures and around Thomas Reservoir. Task 4 — Data analysis. The above data will be analyzed using standard protocols for R2Cross and fish populations. In addition, the measurements taken at several stream flows will allow the analysis of habitat during low flow conditions and during runoff. These additional Miller Ecological Consultants, Inc. Page 3 measurements can be used to simulate winter habitat conditions. The surveys in May and June would allow analysis of conditions needed for the stream riparian area. This new data combined with the stream hydrology allows that evaluation of ecologically sustainable flows as recommended by the Wilderness Workshop. The analysis will include the evaluation of impacts from the proposed Castle Creek hydro plant. Task 5 — Technical Memorandum. A Technical Memorandum will be prepared the documents the methods, data analysis, results and conclusions from the above studies. The Technical Memorandum would be completed one month after the final data collection effort. Task 6 — Meetings. We estimate the at least three meetings will be required for the above tasks. These meeting will be a combination of face to face meetings and conference calls. Schedule The following schedule is estimated for the above work. • R2Cross measurements— late March — early April 2010 • Boreal toad surveys — May/June, August 2010 • Fish Population surveys —early April 2010 or September/October 2010 • Winter habitat cross sections — Concurrent with R2Cross, Boreal Toad surveys, Fish populations • Data Analysis — Start after first R2Cross measurment, complete 3 weeks after final data collection (estimated September/October 2010) • Technical Memorandum — September/October 2010 This schedule assumes that a scientific collecting permit would be issued by CDOW by March 31" , 2010. Further, the stream conditions in late March or early April would allow collection of R2Cross measurements and fish populations. The schedule will be adjusted if field conditions do not allow for collection of data in the spring. Miller Ecological Consultants, Inc. Page 4 Cost The estimated cost for the above work is $48,400.00 (Table 1). This estimate is based on our usual costs for studies similar to this effort. The following assumptions were used for the cost estimate: • The city of Aspen would assist in acquiring access for the requested studies on Castle and Maroon creeks. Each field effort (R2Cross, Fish population data, Boreal toad surveys) would require a separate trip. • Winter habitat information would be collected concurrently with other efforts. Any changes to the scope of work as described or the cost assumptions would require a review and possible revision to the cost estimate. Table 1. Estimated cost by task for additional studies on Castle and Maroon creeks. Task Labor Direct Total R2Cross field / winter habitat $7,250.00 $920.00 $8,170.00 Fish Population data $9,000.00 $1,640.00 $10,640.00 Boreal toad survey $8,800.00 $820.00 $9,620.00 Data analysis $8,000.00 $- $8,000.00 Technical Memorandum $8,000.00 $- $8,000.00 Meetings $3,600.00 $370.00 $3,970.00 Total Estimated Cost $44,650.00 $3,750.00 $48,400.00 Miller Ecological Consultants, Inc. Page 5 l611VA-( C a /1 -- AGREEMENT FORPROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and MILLER ECOLOGICAL CONSULTANTS, INC., ("Profession- al"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion Professional shall commence work immediately upon receipt of a written Notice to Proceed from the- City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed no later than August 31, 2009. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed $75,777.00. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non -Assignability, bilit_v. 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, effors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub -contractor. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, 781-971.doc Page I 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. 6. 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. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without li nitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused PS 1-971.doc Page 2 in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minirnum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self -insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability+ insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a sevembility 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) Professimuil Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insur- ance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, 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, hu nunities, 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. Citv's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovennnental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. PSI-971.doc Page 4 H. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: Professional: City Manager William I Miller City of Aspen Miller Ecological Consultants, Inc. 130 South Galena Street 2111 S. College Avenue, Unit D Aspen, Colorado 81611 Fort Collins, CO 80525 13. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said tern, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens — CRS 8-17.5-101 & 24-76.5-101. a. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work PSI-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 k56, 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 (tired 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 hag 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 contacts 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. PSI-971.doc Page 7 17. General Terns. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. ATTESTED r i [SIGNATURES ON FOLLOWING PAGE] CITY OF ASPEN, COLORADO: 0 Title PSI-971.doc Page 8 Date: .� PROFESSIONAL: ��11 WITNESSED BY: Aber ECa1o4; (Al 'rn-s )j y� , s a BY: nl%I �eY� 5ecrel�r/ Title: / e7C15 Date: 2-• 6 - D 9 PS 1-971.doc Page 9 EXHIBIT "All to Professional Services Agreement Scope of Work MILLER 2111 S. College Ave., Unit D ECOLQGICAL Fort Collins, CO 90525 CONSULTANTS, INC. (970)22A-4505 MEMORANDUM Date: Decamber23,2008 To: John Mass, City of Aspen Front: William J. Miller, Miller Ecological Consultants, Inc. CC: Subject: Proposal for Continued Assistance on aquatic resource issues and Exhibit E preparation on the Castle Creek Hydro -Electric Project Scope This proposal Is submitted to assist the Waler Utilities and its Consultant team during tine licensing of the Cnstle Crock Hydro-clectdo project. 'Iliisisdro second phase of work which includes completion of studies and reports to support the license effort. The proposed facility will use the existing diversions on Castle and Maroon Creeks and deliver it to a pmver plant via pipeline and penstock to the power plant on lower Castle Creek. The objective of the Miller Ecological portion of Phase 2 work on Exhibit Mviviro arnuital Report '�Jilt.bEttl"dSslitie'"the existing conditions and any potential changes in the following resource end water uses. No new studies are proposed for to develop the information needed for die above resources for the Exhibit E. We plan to rely on existing infornation that has been collected by the county, stale, and federal agencies to describe ilia existing environment and the environmental consequences. In addition, n general description of the Roaring Pork Valley was recently published by the Roaring Fork Conservancy, which will be used as en additional data source. The tasks included in this portion of the Project include: • Contacting the various agencies to acquire data for the project area and vicinity. • Summarizing and analyzing ilia data • Site visit to the Project area to verify the existing conditions • Deteriming environmental consequences and the biological assessment for Threatened and Endangered species • Determining environmental consequences of the proposed action • Preparation oftho appropriate sections of the Exhibit E(draft and final) • Meetings and Coordination with the utilities staff and consultants during the project I have assumed that the existing Information, including the minimum instream flow data, is adequate for preparation of Exhibit E Thom are existing minimum flows on both Castle and afliler ncologial Consultants, let. Page l PSI-971.doc Page 10 EXHIBIT "B" to Professional Services Agreement Rate Schedule Maroon creeks, which would remain and would.not be violated by the project. FERC, when contacted during the conduit exemption exemption process may recommend additional studios. The one study that may be recommended Is an updated instream flow analysis using more current methods to quantify change in habitat with flow. I have included a rest estimate for the additional instroam flow analysis. Estimated Cost The cost for all tasks excluding the new histreant flow study Is estimated not to exceed $75,777.00. This cost is based on our experkencewiih projects of similar nature, die assumaption that the data is available to describe the existing environment and environmental consequences. if a new instroam flow study Is required, the estimated cost to completetltat particular study is $62,383.00, The detailed cost estimate is presented below. ask Labor Direct Coals Total by Task ma mmdhwm -met sis $2400.00 S• $2400.00 ice ulsitlw 0 $50.00 $6 70.00 Ww�dhwm-md &Anal sic 0 S• $11840.00 room howdam a Nim $25.00 $3 377.00 erdinulon srith anxNullna read faclllllas aarsxhibitrs Padsi 94 $qg00,00 MS4 ul EahbilE 57136.00 c mnndtanw on T&a _ $- $892000 Tad;9- Madinat and mordinetion with omkUImil $71040 $10694.OD Totalwllhputri FifFMusim siuT- .00 S75777.OD Teak 10-0Ilona I PHADSiblalud 541988.00 S10 95.00 562383.00 Total with additional PIiA1391af Sll 80.00 521180.00 5138 ]60.00 Schedule: The current whodule Is to complete kite work required far Exhibit E as soon as practicable (tentatively summer 2009). If P13RC recommends a now instream flow study, work on that task would begin in early spring 2009 and completion In fall 2009. The City is not anticipating a new instream flow study and understand if it is required, Miller Ecological Consultants will charge an additional $62,383.00 for the study. The fee for the instream flow study must be approved by the Aspen City Council and is not included in this contract. PSI-971.doc Page I TO: FROM: CC: DATE: MEETING DATE: RE: Summary: V1 MEMORANDUM MAYOR & CITY COUNCIL TIM ANDERSON, RECREATION DIRECTOR JEFF WOODS, MANAGER OF PARKS & RECREATION FEBRUARY 21, 2010 MARCH 8, 2010 MECHANICAL CONTROLS SYSTEM FOR ARC SYSTEMS Staff is seeking the approval of a controls contract with Johnson Controls Inc. (JCI) in the amount of $39,562.00 for the purpose of finalizing the sequence of operations and monitoring systems for the mechanical upgrades installed at the ARC. The funding is available as staff still has some $89,000 remaining from the original $1,165,000 in funding approved in 2007. All systems in the modern era have digital controls which demand absolute energy efficiency by automating the adjustment of system components such that they run as efficiently as possible. The controls systems talk to the mechanical components to ensure that they are operating at the highest efficiency possible to include the operation of motors with variable drives, the opening and closing of dampers, and the continuous monitoring of temperatures to maintain consistency in system operations and comfort level of our patrons. Background: In August of 2009 LONG Building Technologies; original contractor for the ARC mechanical retro-fit, was released from further work on the project and ultimate completion. LONG's battles with subcontractors; to include JCI, left the ARC in the middle of an ongoing argument over the scope of work and little progress on the final controls sequencing of the project. Upon releasing LONG from their contractual obligations, staff was then able to work directly with sub -contractors and JCI in the completion of this project. Staff brought the original mechanical engineer (Tom Ver Staade) back on board to review the systems, identify troubles, provide solutions and a new sequence of operations which would program the systems to operate efficiently and effectively given the environment in of the ARC. Current: Engineer Tom Ver Staade and JCI have worked well together and come up with a detailed and specific scope of work that identifies how best integrate the controls systems, which have been installed by LONG, to talk with the mechanical systems such that they will be effective in providing the efficiencies we have been looking for throughout this project. In addition a user friendly front end system is being installed on our maintenance division's computer such that they may monitor and adjust mechanical components from a remote location. Staff continues to work with JCI due to the high level of performance their equipment provides, the service JCI provides and the fact that the original controls systems in the ARC are JCI systems and we don't wish to integrate a foreign system into the JCI systems already present. JCI, one of the top companies in controls systems, and engineer Tom Ver Straade were each sub -contractors to LONG Building Technologies in the original work of the mechanical retro-fit. JCI and Ver Staade each are familiar with the systems and were able to effectively trouble shoot and identify the proper sequence of operations such that the systems will work as efficiently as possible. Environmental Impacts: Minor adjustments to systems thus far by JCI and Tom Ver Straade have led to an initial 10% reduction in energy consumption. Upon completion of the controls sequencing; as identified in the attached contract, an additional 15%to 20%efficiency should be achieved. Financial Impacts: If the 15% to 20% of additional savings in energy is realized this could be up to a $20,000 savings in energy costs to the ARC. This would be quite beneficial in these economic times. Staff is in the process currently of setting up graphs to track past energy consumption and future consumption such that we know how efficient the systems are operating and may react to any deviations found. '-f J�i Alternatives: Alternatives are limited and not recommended at this time. To not approve a contract for the sequencing of controls would mean leaving the mechanical systems operating in an inefficient mode. To install another brand of controls and sequencing would be more costly and troublesome in getting the two systems; since Johnson Controls exist in the ARC already, to integrate effectively. Recommendation: Staff recommendation is to approve the contract with JCI. Funding is available as part of the original funding request and approval for the mechanical retro-fit in 2007. JCI provides a quality product, their systems already exist in the ARC, and they have been very cooperative in working with our engineer Tom Ver Straade in identifying the direction we need to take in automating the mechanical systems to operate efficiently and effectively. Manager's Comments: Attachments: • Johnson Controls Proposal • Attachment "A": book of screen shots, as identified in Johnson Controls Proposal • Attachment "B": engineering specifications and sequence of operations RESOLUTION NO. Series of 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A PROFESSIONAL SERVICES AGREEMENT, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there exists between the City of Aspen and JOHNSON CONTROLS INC., a mutual interest in providing certain work to the Aspen Recreation Center which would provide certain controls improvements to the facility; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves this Professional Services Agreement for the completion of controls to the facility; and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 8th day of March , 2010. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk C:\Documents and Settings\kathrynk\Local Settings\Temporary Internet Files\OLK7C\Resolution.doc AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Johnson Controls , ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed no later than July 1, 2010. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed and not to exceed $39,562.00 (Thirty Nine thousand five hundred sixty two dollars). The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "A" appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed $39,562.00. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non -Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub -Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub -contractor. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying PSI-971.doc Page 1 the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 6. 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. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of PSI-971.doc Page 2 the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims - made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self -insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non -owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a PSI-971.doc Page 3 severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately temrinate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. PSI-971.doc Page 4 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. 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 S. Galena Street Aspen, CO 81611 Professional: Johnson Controls 10289 Centennial Road Littleton, CO 80127 13. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens — CRS 8-17.5-101 & 24-76.5-101. PS1-971.doc Page 5 a. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work 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. PSI-971.doc Page 6 (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre -employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential PS1-971.doc Page 7 damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 17. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] PSI-971.doe Page 8 EXHIBIT "A" to Professional Services Agreement Scope of Work Exhibit "A" inclusions: Johnson Controls Proposal Attachment "A"; book of screen shots, as identified in Johnson Controls Proposal Attachment "B"; engineering specifications and sequence of operations PSI-971.doc Page10 �\0\oAI0 Johnson * Controls PROPOSAL TO: The City of Aspen Aspen Recreation Center 0861Maroon Creek Road Aspen Colorado, 81611-1975 Attention: Brad Fite Service© 10289 W. Centenial Road Littleton, CO 80127 Date: February 12, 2010 Project: Metasys Optimazition Plan Proposal Ref: Our Walk Through on 10-07-2009, And Memo dated 2/20/2009, Aspen Recreation Center Division 15-15900- TEMPERATURE CONTROL SYSTEMS - DDC We are pleased to present our proposal to optimize the existing Metasys System at the Aspen Recreation Center. Our price to ensure the proper operation of the Metasys Extended Architecture System is Thirty -Nine Thousand Five Hundred Sixty -Two Dollars ($39,562). Our proposal includes the necessary technician time to perform the following per Section 4 (Sequence of Operation) of the attached Aspen Rec Optimization Proposal. In addition the overall specification is included. Our proposal does not include any additional hardware or software installation labor (excluding programming troubleshooting and commissioning) See Not Included below. This proposal includes time with our technician as he performs the below noted phases to ensure the Recreation center staff are familiar with and able to operate the system: Phase 1 - re -work and ensure the proper conversion of the NCM N2 network to a properly operating Metasys Extended Architecture. The cost of this work is Ten Thousand Nine Hundred Sixty Eight Dollars ($10,968) a. Review the following pieces of controlled equipment and confirm all addresses and associations are valid all graphical presentation: i. AHU 1 N2 T1 #1 ii. AHU 2 N2 T1 #2 iii. AHU 3 N2 T1 #3 iv. AHU 4 N2 T1 #4 v. AHU 5 N2 T1 #5 vi. Boiler 1, 2, &3 N2 T2 #27 vii. Snow Melt N2 T1 #32 viii. Domestic Hot Water System N2 T2 #28 ix. AHU 5 Reheat Coils 1. RHC 10 N2 T1 #17 2. RHC 12 N2 T1 #15 3. RHC 13 N2 T1 #13 4. RHC 14 N2 T1 #18 5. RHC 15 N2 T1 #19 6. RHC 16 N2 T1 #20 7. RHC 17 N2 T1 #21 8. RHC 18 N2 T1 #22 9. RHC 19 N2 T1 #23 x. AHU 3 / 4 Reheat Coils 1. RHC 1 N2 T2 #7 2. RHC 2 N2 T2 #8 3. RHC 3 N2 T2 #9 4. RHC 4 N2 T2 #10 5. RHC 5 N2 T2 #11 6. RHC 6 N2 T2 #12 7. RHC 7 N2 T2 #13 8. RHC 8 N2 T2 #14 A. Apartment Controller N2 T2 #31 2. 3. 4. xii. Base Board RM 102 N2 T2 #35 xiii. Base Board RM 109 N2 T2 #36 xiv. Base Board RM 206 N2 T1 #38 xv. Base Board RM 207 N2 T1 #39 xvi. Base Board RM 209 N2 T1 #40 xvii. Base Board RM 238 N2 T2 #41 xviii. Base Board RM 251 N2 T2 #42 xix. Base Board RM 302 N2 T1 #43 xx. Base Board RM 326 N2 T1 #44 xxi. Fan Coil Unit 1 N2 T2 #24 xxii. Fan Coil Unit 2 N2 T2 #25 xxiii. Fan Coil Unit 3 N2 T2 #26 xxiv. Make Up Air Unit 1 N2 T1 #6 xxv. Pool Mechanical Equipment N2 T2 #30 xxvi. Pool Ozone System N2 T2 #51 xxvii. Ice Plant N2 T2 #29 xxviii. Cabinet Unit Heater 1 RM 211 T2 T1 #33 xxix. Cabinet Unit Heater 2 RM 302 T2 T1 #34 xxx. Unit Heater 3 RM 100 T2 #47 xxxi. Unit Heater 4 RM 100 T2 #48 Phase 2 - tag all wires installed as part of the most recent work performed under contract with Long. To perform this work the Johnson Controls will require a dedicated technician supplied by the Aspen Recreation Center. The price to perform this work is Three Thousand eight Hundred Twenty -Eighty One Dollars ($3,828) Phase 3 - Working with the Aspen Recreation Center staff optimize the operation and sequences for the following systems. The price to perform this work is Seventeen Thousand Six Hundred Fourteen Dollars ($17,614) a. VAV #1 includes installation of new graphic and documentation of sequence. b. AHU #5 including the DX cooling section and documentation of sequence. c. AHU #1 review and document sequence. d. AHU #2 review and document sequence. e. AHU #3 review and document sequence. f. AHU #4 review and document sequence. g. The Domestic Hot Water system and document sequence. h. Review and document all schedules i. Review and document alarm maps and importance rankings. Phase 4 - Set up a maximum of 10 alarms for remote notification via email, dial up, and output point (hardware from field controllers to other systems installation by others). Will set up data logging external hard drive for the water meters. The price to perform this work is One Thousand Six Hundred Forty -Seven Dollars ($1,647) Phase 5 - Work with the Aspen Recreation Center staff to update the following graphics to accurately reflect the systems being monitored: The price for this work is Five Thousand Three Hundred Forty -Six Dollars ($5,346) a. The boilers b. The Domestic Hot Water System c. AHU 5 Reheat Coil Summary d. Air Handler Unit and Make -Up Air Unit Summary e. AHU 3 / 4 Reheat Coil Summary f. Apartment Main Floor Zone-C g. Heaters Base Board h. Exhaust Fan Summary i. Fan Coil Unit Summary j. Hazard Alarms k. Heaters Fan Coil-1 Room 103 I. Heaters Fan Coil-2 Room 107 m. Heaters Fan Coil-3 Room 201 n. Make -Up Air Unit-1 o. Air Handling Unit-5 p. Air Handling Unit-2 q. Air Handling Unit-1 r. Air Handling Unit-3 / 4 s. Pool Heat t. Pool Ozone System u. Zamboni Room v. Heaters Snowmelt System w. Arc Levels Upper Floor Overview x. Upper Floor Zone A Youth Center y. Upper Floor Zone B z. Penthouse aa. Lower Level bb. Main Level cc. Cabinet Unit Heater & Unit Heater Summary dd. Ice plant ee. Water Heater Parameters Johnson Controls Looks forward to working with the Aspen Recreation Center and will complete the work associated with Item #1 within 6 weeks of receipt of order. Schedules for the remaining Phases will be coordinated with the Recreation Center with a goal of final completion by July 1, 2010. It is the intent of this contract to deliver an operational system that meets the needs of the Recreation Center and specifically addresses the points and concerns set forth in the system review (Attachment "A" the book of screen shots) in addition the following points will be addressed: • Consistent naming conventions across all systems so that they matches the old system unless it is technically not capable. • Using Johnson Control's experience and best practice determine sequence of operations with the support and input of the Recreation Center staff. Key concerns that need to be addressed and the AHU economizer cycles operating in such a way as to optimize both energy and operation. • Confirm AHU damper operation. • Review the Menu Tree with the Recreation Center staff prior to implementation of required changes. Points are to be grouped with similar type points. Any impact on the operation of the Aspen Recreation Center will be avoided. If we feel a specific activity will impact the operation of the Center then we will seek prior approval from the Recreation Center staff. This is to ensure that we avoid any overtime. Not Included: • Any taxes. • Any additional hardware or software installation labor (excluding programming troubleshooting and commissioning) • Any submittals (Up dated as -built included) • Warranty (existing warranty remains effect) • Equipment O&M manuals (previously submitted) • Permit's • Overtime (this job is based on regular time). • Any Bonds. • Any patching or painting. • Software upgrades. • Any additional hardware (existing hardware either under warranty or the responsibility of Aspen Recreation Center). • Network support for the alarm setup This proposal and alternates listed below are hereby accepted and Johnson Controls is authorized to proceed with work; subject, however to credit approval by Johnson Controls, Inc., Milwaukee, Wisconsin. Aspen Recreation Center Name: Title: Date: PO: This proposal is valid until:3/01/2010 Johnson Controls, Inc. Douglas Kirk Name: Title: Service Account Executive Date: Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC SECTION 15900 - TEMPERATURE CONTROL SYSTEMS - DDC PARTI- GENERAL 1.1 WORK DESCRIPTION A. Scope: This section contains general requirements for all work to be provided by the Temperature Controls Contractor. All requirements of Division 1 apply to all work of this section. B. Refer to Section 15010, Electric Wiring And Safety Device Work And Material Responsibilities for electrical, mechanical and temperature control contractor coordination of responsibilities. C. The temperature controls contractor shall be responsible for providing and verifying all control sequences described in this section or in the Sequence of Operations regardless of whether the sequence uses the building automation system, unitary controls or third party control systems, or any combination of systems. Any deviation from the sequence of operations, including limitations caused by the lack of ability of the building automation system to interact with unitary or third party controls shall be clearly and prominently described as a deviation in the temperature controls submittal. The temperature controls contractor shall be responsible for coordinating and assuring the sequence of operations will be compatible with all equipment, including equipment purchased by other contractors. The temperature controls contractor will be responsible for correcting any interface problems that prevent the system from operating according to the sequence of operations. D. Work Included: It is the intent of this specification for the building automation system to be fully networked and installed as a complete package by the Temperature Controls Contractor. The system shall include all computer software and hardware, controllers, sensors, transmission equipment, system workstations, local panels, installation, engineering, supervision, acceptance test, training, warranty service and, at the owner's option, extended warranty service. E. All controller hardware and software provided under this section shall be BACnet or LONMARK compliant to provide the owner with an open, interoperable direct digital control system that will allow microprocessor control hardware and software from different control, fire alarm or card access system manufacturers to be integrated to this control system. F. The system shall be capable of supporting an unlimited number of clients using a standard Web Browser such as Internet Explorer or Netscape Navigator. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Drawings and general provisions of the Contract, including General and supplementary conditions and Division-1 specifications sections, apply to work of this section. 1. Products furnished but not installed under this section: May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-1 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC a. Valves, flow switches, flow sensors, thermowells and pressure taps to be installed under Sections 15060 and 15500. b. Automatic dampers to be installed under Section 15800. 2. Products connected but not furnished or installed under this section: a. Duct smoke detectors provided under Division 16 and installed under Section 15800. Coordination with electrical: a. Installation of all line voltage power wiring by Division 16. b. Each motor starter provided under Division 15, shall be furnished with individual control power transformer to supply 120 volt control power and auxiliary contacts (one N.O. and one N.C.) for use by this section. 1.3 QUALIFICATIONS A. The control system shall be furnished, engineered, and installed by the manufacturer's local factory authorized office. The control contractor shall have factory trained technicians to provide instruction, routine maintenance, and emergency service within 48 hours upon receipt of request. B. Control system components shall be new and in conformance with the following applicable standards for products specified: 1. American Society for Testing and Materials, ASTM. 2. Institute of Electrical and Electronic Engineers, IEEE. 3. National Electrical Manufacturers Association, NEMA. 4. Underwriters Laboratory, UL (UL 916). 5. FCC Regulation, Part 15, Section 156. 6. National Fire Protection Association, NFPA. 7. Local Building Codes. 1.4 SUBMITTALS A. General: All submittal requirements specified shall be provided as a single complete package, bound in a 3 ring binder. Provide six (6) submittal copies or the amount specified in Division 1, whichever is greater. Incomplete submittal packages will be returned un-reviewed. A partial submittal consisting of a damper and valve schedule will be accepted for projects with short construction schedules, provided a written request is submitted to the engineer. Submittal requirements are intended to eliminate or minimize engineering of either control hardware or software in the field, and shall be adhered to. B. Sequences of Operation Submittals: The Controls Contractor's submittals of control drawings shall include complete detailed sequences of operation for each piece of equipment, regardless of the completeness and clarity of the sequences in the specifications. They shall include: May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-2 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC 1. An overview narrative of the system generally describing its purpose, components and function. 2. All interactions and interlocks with other systems. 3. Detailed delineation of control between any packaged controls and the building automation system, listing what points the BAS monitors only and what BAS points are control points and are adjustable. 4. Written sequences of control for packaged controlled equipment. S. Sequences of control for the following modes of operation: Start-up, Warm-up, Cool - down, Normal Occupied, Unoccupied, and Shutdown. 6. Capacity control sequences and equipment staging. 7. Temperature and pressure control: setbacks, setups, resets, etc. 8. Detailed sequences for all control strategies, e.g., economizer control, optimum start/stop, staging, optimization, demand limiting, etc. 9. Effects of power or equipment failure with all standby component functions. 10. Sequences for all alarms and emergency shut downs. 11. Seasonal operational differences and recommendations. C. Drawings: The controls contractor shall submit AutoCAD (Version 2000 or higher) generated schematic drawings in hard copy and electronic media for the entire control system, for review and approval before work shall begin. The hard copy drawings shall be submitted on 8'/2" x l V or I I" x 17" sheets with drawing information sized such that all drawing information is legible. The submittal drawings shall include the following: 1. A one page diagram depicting the system architecture complete with a communications riser and peripheral devices. 2. Floor plan layouts including locations of controlled equipment, communication bus and/or network wiring layout, thermostat locations, and terminal unit controllers with communication address identifiers. 3. Mechanical room layouts including locations of controlled equipment, communication and network wiring layout, and panel locations with unit communication address identifiers. 4. Point-to-point wiring diagrams for each HVAC system accurately depicting: a. All temperature controls located on a schematic diagram of the controlled HVAC system. b. Start -stop arrangement for each piece of equipment. C. Equipment interlocks. d. Wiring terminal numbers. e. Special connection information required for properly controlling the mechanical equipment. f. Control enclosure interior and exterior (face) layouts. 5. A bill of material reference list with drawing tag identifiers, application description, manufacturer, model number, and quantity. 6. Sequences of operation which shall identify each major component (hardware and software) involved in the control scheme by its tag identifier. 7. Software flow diagrams for each sequence of operation. Provide detail of all parameters; of inputs, outputs, PID loops, and auxiliary control functions. This requirement applies to both text editing and function block programming types. DDC systems that utilize May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-3 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC block programming shall submit the flow diagrams utilizing the actual object oriented blocks, with a key of block types and block descriptions. 8. An updated as -built version of the control drawings and sequences of operation shall be included in the final controls O&M manual submittal. D. Technical Data: The submittal shall also include manufacturers catalog data describing each item of control equipment or component provided and installed for the project. Include and identify all data needed to show adherence to the corresponding specification section. Provide compressor sizing calculations if pneumatic devices are utilized. E. Damper Schedule: Provide a damper schedule with tag identifiers, application descriptions, damper sizes, damper arrangements, product type/name, actuator type, and actuator quantity for each damper. Include damper/actuator product cut sheets and identify all technical data needed to show adherence to the corresponding specification section. F. Valve Schedule: Provide a valve schedule which describes valve tag identifiers, application descriptions, specified GPM's, close -off rating, valve Cv ratings, pressure drop at rated Cv, port arrangement and actuator type for each valve. Include valve/actuator product cut sheets and identify all technical data needed to show adherence to the corresponding specification section. G. Specification Compliance: Irrespective of any prior approval to bid, the submittals shall include a specification compliance analysis for review and approval before work shall begin. The compliance document shall address each paragraph of Part 1, Part 2, Part 3, and Part 4 of the specification by indicating COMPLY, or EXCEPTION. Do not indicate COMPLY unless the proposed system exactly meets the paragraph requirement. If EXCEPTION is indicated, then provide a clear and concise explanation of the variance from the specifications and the effect this has on the specified system performance. A schematic diagram showing the proposed system architecture and describing the expendability and capacity of the proposed system shall be included. The schematic shall have all non -applicable items clearly deleted and shall indicate the quantity of each component to be utilized to meet the requirements of this specification. The Engineer shall retain the right to accept or reject any listed exceptions to the specification. H. Acceptance Test Plan: Submit a detailed description of acceptance testing procedures that will be utilized to confirm proper operation of all sequences of operation and points, along with acceptance testing checkoff sheets. Training Plan: Submit a detailed description of the training to be provided to Owner's personnel for the Engineer's approval. Plan shall include comprehensive details on: course outline, schedule, synopsis, training materials required/supplied and shall include the identity and credentials of the course instructor(s). J. One -Year Warranty Support Plan: Submit a detailed description of the plan to support the owner during the one-year warranty period. Provide comprehensive details for: standard workday emergency problem response methods, planned preventative maintenance schedules, training and other plan information for the Engineer's approval. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-4 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC 1.5 PROTECTION OF SOFTWARE RIGHTS A. Prior to delivery of software the Owner and the party providing the software will enter into a software license agreement with provisions for the following: 1. Limiting use of software to equipment provided under these specifications. 2. Limiting copying. 3. Preserving confidentiality. 4. Prohibiting transfer to a third party. PART2-PRODUCTS 2.1 BIDDING REQUIREMENTS A. Contractors wishing to bid temperature controls shall present a stand-alone temperature controls price. B. The temperature controls price may be predicated on using a particular brand of mechanical equipment, but must be clearly stated. C. An alternate price may be given in the event the desired brand of mechanical equipment is not used. D. Acceptable manufacturers (Current Johnson Controls Facility): Johnson Controls installed by Local Factory Office. E. Acceptable manufacturers (Prior approval only): 1. Siemens Control System installed by Local Factory Office. 2. Control Systems International installed by Western Building Services. 3. Siebe controls installed by Long and Associates. 4. Trane Company installed by Local Factory Office. 2.2 SYSTEM ARCHITECTURE A. The complete electronic DDC temperature control system shall be comprised of five levels of control. Provisions for expansion of all levels of the DDC system shall be provided with this project such that a need for future "gateway" or "repeater" expansion hardware and software is not required: 1. The First Level is comprised of electronic sensors, valves, dampers, actuators, switches, relays, and transducers, etc. 2. The Second Level includes dedicated zone controllers for VAV box, and FTU units. 3. The Third Level is comprised of local controllers for control of large primary mechanical systems such as air handling systems or heating/chilled water systems. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-5 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC 4. The Fourth Level consists of the system controller(s) which are used for high level global programming functions and system networking. 5. The Fifth Level is the System Workstation which includes the hardware and software necessary for an operator/engineer to interface with the control system. 2.3 SENSOR/TRANSMITTERS A. Temperature Sensors: Temperature sensors shall be linear precision elements with ranges appropriate for applications, accurate within 1°F over the entire span: Space (room) sensors shall be available with setpoint adjustment, space temperature indication, and override switch. Space sensors used for terminal unit applications shall have a communications jack for connection to a laptop computer. The user shall be able to read actual cfm and set minimum maximum cfm setpoints plus other air balance criteria such as cfm calibration, fan start point, open -close damper, open -close valve and reheat flow setpoint through the space temperature sensor communication jack: a. Provide occupant temperature setpoint adjustment and room temperature indication for all administrative office applications. b. Provide blank covers with overrides switches for all public areas. 2. Duct mounted averaging sensors shall utilize a sensing element incorporated in a copper capillary with a minimum length of 20 feet. The sensor shall be installed according to manufacturer's recommendation and looped and fastened at a minimum of every 36 inches. 3. Sunshields shall be provided for outside air sensors. 4. Thermowells for all immersion sensors shall be stainless steel or brass as required for application. 5. The following are typical sensor application ranges: a. Space: 20OF - 100°F b. Chilled Water: 20OF - 100°F C. Condenser Water: 30OF - 130OF d. Heating Water: 50OF - 250OF e. Outside Air: -40OF - 140OF f. Mixed Air: 20017- 100°F B. Differential Pressure Sensor: Differential pressure sensor shall be temperature compensated and shall vary the output voltage with a change in differential pressure. Sensing range shall be suitable for the application with accuracy of +/- 2% of range and repeatability of +/- 0.5% of range. Sensor shall be capable of withstanding up to 150% of rated pressure for air applications and 300% of rated pressure for water applications without damage. C. Humidity Sensors: Humidity sensors shall be of the solid-state type using a hygroscopic polymer sensing element. The sensor shall vary the output voltage with a change in relative humidity. Sensors shall be available for room or duct mounting, with a minimum range of 30% - 80% t 5%. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-6 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC D. Air Velocity Sensors: Sensor shall use thermal anemometry to determine air flow rate. Repeatability shall be t 25 FPM; accuracy t 5% of range. The anemometer shall use constant temperature differential technology and operate from 307 to 120°F. E. Occupancy Sensor: Occupancy sensor shall be of the passive infrared or ultrasonic receiver type. As a minimum the occupancy sensor shall provide adjustments for timed -on delay and sensor sensitivity. 2.4 AUXILIARY ELECTRIC CONTROL DEVICES A. Control Relays: Shall be UL listed plug-in type with dust cover, LED "energized" indicator and integral H-O-A switch. Contract rating, configuration and coil voltage shall be suitable for the application. B. Manual Control Switches: Shall be UL listed for use in NEMA 1 enclosures with contact arrangement and rating suitable for the application. Bat handle or knob actuator with nameplate clearly identifying function of each switch position. C. Line Voltage Thermostats: Line Voltage Thermostats shall be U.L. listed with SPDT contacts, switching at an adjustable setpoint with a range of 55' to 85°F. Provide lockable metal guards for all thermostats located in areas where mechanical damage or tampering may occur. D. Differential Pressure Switches: Pressure differential switches (air or water service) shall be UL listed, DPDT snap -acting, pilot duty rated (125 VA minimum), NEMA 1 enclosure, with scale range and differential suitable for intended application or as specified. Switches shall be capable of withstanding up to 150% of rated pressure for air applications and up to 300% of rated pressure for water applications. Duct high pressure switches shall be provided with contacts that require manual resetting. E. Current Sensing Relays: Current Sensing Relays shall be U.L. listed and of the proper range. The switch output contact shall be rated for 30VDC, Threshold setting shall be fully adjustable within the selected range. Response time shall be 0.25 seconds or less. Provide current sensing relays on all fans and pumps for status sensing unless otherwise noted. F. Low Temperature Thermostats: Low Temperature Thermostats shall be U.L. listed, DPDT snap -acting, pilot duty rated (125 VA, minimum), NEMA 1 enclosure with manually adjustable set point and differential suitable for the application or as specified. Switches shall be actuated by the coldest F of a 20' capillary and shall be provided with contacts that require manual resetting. The element shall be properly supported to cover the entire downstream side of the heating coil with a minimum of three loops. Separate thermostats shall be provided for each 25 square feet of coil face area or fraction thereof. The setpoint shall be 25°F unless otherwise specified on the plans or sequence of operation. G. Flow Switches: Flow Switches shall be U.L. listed and shall be of the paddle type equipped with DPDT contacts to establish proof of flow. Flow switches shall be of the vapor -proof type. H. Control Transformers: Shall be UL listed Class 2 current -limiting type, or shall be furnished with over -current protection in both primary and secondary circuits for Class 2 service. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-7 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC I. Damper End Switches: Shall be UL listed line voltage SPDT snap -acting pilot duty rated (125 VA minimum) NEMA 1 enclosure, with roller type actuating arm suitable for damper position application. J. N/A K. Smoke Detectors: Shall be as specified in the schedule of responsibilities 1. Smoke detectors located in air handling units or ducts shall be complete with duct - mounting accessories as recommended by manufacturer. Provide multiple units for larger duct areas consistent with manufacturer's recommendations. 2. Provide all control interlock wiring from fire/smoke alarm system relay contacts to HVAC controls unless this wiring is noted in the Division 16 plans or specifications 2.5 AUXILIARY PNEUMATIC CONTROL DEVICES A. N/A B. N/A C. N/A D. N/A 2.6 CONTROL VALVES A. General: l . All valves to heating coils which are part of an air handling system which takes in outside air shall open for full supply water flow whenever a loss of power to the valves occurs. 2. Valve actuator and trim shall be furnished to provide the following minimum close -off pressure ratings: a. Water Valves: 1) Two-way - 125% of total system (pump) head. 2) Three-way - 300% of pressure differential between ports A and B at design flow or 100% of total system (pump) head. b. N/A 3. The temperature control contractor shall size control valves for proper control characteristics for each application. Control valves shall be sized for a pressure drop between 3 to 5 psig at full flow condition. 4. The valve trim shall consist of a removable cage providing valve plug guiding throughout the entire travel range. A stainless steel stem shall be provided. Bonnet, cage, stem and plug assembly shall be removable for servicing. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-8 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC 5. All modulating valves shall have equal flow characteristics, i.e., for equal increments of valve stem stroke the change if flow rate with respect to valve stroke will be expressed as a constant percent of the flow rate at the time of the change. 6. All control valves over 3/4 inch shall have a minimum rangeability (the ratio of the maximum controllable flow to the minimum controllable flow) of 50 to 1. 7. All two position isolation valves shall be line size. Butterfly valves may be used for any isolation valve application. B. Valve Characteristics: 1. Valves - 1/2" to 2": Valves shall be constructed with a cast iron bronze body and screwed ends. The body rating shall be a minimum of 250 psig. 2. Valves - 2%' and above: Valves shall be constructed with a cast iron body and have flanged connections. The body rating shall be a minimum of 125 psig. C. Valve Actuators: 1. Valve actuators shall have a cast aluminum or cast iron housing. 2. Actuators shall have sufficient power to operate the valve and provide for tight shut-off at the differential pressures encountered. 3. Provide spring return actuators for all applications unless noted otherwise. 4. Where required by the sequence of operation, valves shall be capable of being sequenced with other valves or other actuated devices. Where such sequencing is required, the actual spring range, when adjusted for spring shift, shall be such that no overlapping occurs. In the event that spring shift causes an overlap, a pilot positioner shall be furnished. 5. Electric actuators shall be oil -immersed gear train, rotary, hydraulic or magnetic type except as noted otherwise. 6. Electric actuators for vav and reheat terminal unit applications may be three point floating type for valves that are 3/4 inch or less. These actuators are not required to be spring -return. 7. Actuators providing control by temperature change media within the actuator are not acceptable. A. Motorized dampers, unless otherwise specified elsewhere, shall meet the following: 1. Frame of 16 gauge steel structural hat channel. 2. Blades of 14 gauge galvanized steel, roll -formed airfoil -type design with extruded vinyl blade edge seals mechanically locked into the blade edge. 3. Stainless steel (28 gauge minimum) jamb seals of flexible, compression type. 4. Control shaft shall be 1/2" dia. removable shaft. Linkage shall be located outside of airstream. 5. Leakage shall be a maximum of 0.10% of maximum flow based on a pressure differential of 1.0" w.g. 6. Airfoil type dampers shall be used for any applications where the air velocities are greater than 1500 FPM. 7. Provide a minimum of one damper actuator per damper section. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-9 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC B. Unless otherwise scheduled, the control dampers for outdoor/return air mixing box dampers shall be parallel blade, arranged to direct airstreams towards each other. Dampers used for air volume or pressure control modulating applications shall be opposed blade type. All other dampers may be parallel or opposed blade type. C. Damper Actuators: 1. Pneumatic actuators shall be piston type with aluminum housing and replaceable diaphragm. 2. Electric actuators shall be direct coupled typed. 3. Unless otherwise noted, all actuators must be spring return type. Under no circumstances shall capacitors or batteries be used in lieu of spring return. 4. Actuators for VAV terminal control may be non -spring return. 2.8 LOCAL CONTROL PANELS A. All relays, switches, transducers and other field interface devices, for equipment located within the mechanical equipment rooms, shall be panel mounted. Each local controls panel shall have door mounted devices as shown on the drawings. Provide a convenience 120 VAC receptacle in each panel. All electrical devices, within the panels shall be wired to a numbered terminal strip. All wiring within the panel shall be run in wiring tray in accordance with NEMA and UL standards, and shall meet all local codes. Panels shall be NEMA type suitable for applications as required. Provide a final as -built control drawing, reduced, laminated, and mounted inside of the panel door. Provide panel with 20% spare mounting capacity. 2.9 MISCELLANEOUS A. The Controls Contractor shall furnish all electric relays and coordinate with the supplier of magnetic starters for the auxiliary contact requirements. All electric control devices shall be of a type to meet current, voltage, and switching equipment of their particular application. Relays shall be provided with 24 VAC coils and contacts shall be rated at 10 amps minimum. 2.10 ZONE CONTROLLER HARDWARE A. General: Each HVAC Zone Controller shall be a stand-alone DDC controller. The controller shall include all hardware and software required for communications with the system controller. An individual zone controller shall be dedicated for each zone terminal device. Individual zone controllers are not required for constant volume duct reheat coil applications, but may be provided at Temperature Control Contractor's option. B. Programs: The control program shall reside in the zone controller. The application program shall be maintained in ROM. The default database, ie. setpoints and configuration information, shall be stored in EEPROM. Controllers requiring local setting of potentiometer or dip switches for control strategies are not acceptable. No batteries can be used for memory protection. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-10 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC C. Stand -Alone: Controllers requiring the application or database to be downloaded from a host or share processing with a "master controller" shall not be acceptable. After a power failure the zone controller must run the control application using the current setpoints and configuration. D. Communications: Communication to the system controller shall be 9600-baud asynchronous. E. Input -/Output: Each zone controller shall have the necessary quantities of inputs and output for the selected duty. Inputs shall be individually electrically isolated from other inputs, outputs, communications, and power. All inputs shall feature an auto -calibrate function to eliminate sensing errors. F. Connections: All electrical connections shall be made to the combination terminal strip and base assembly. To insure long term reliability, all electrical terminations shall be screw type. G. The logic card, containing all active electrical components, shall be easily installable and removable from the wiring base, without the use of tools or the removal of any electrical wiring. Products that require disconnection of wiring from logic card before removal will be required to supply and install a quick disconnect type inter -connection. H. All controllers shall be interoperable controllers bearing the applicable BACnet or LONMARK logo on each controller that is provided. 2.11 ZONE CONTROLLER SOFTWARE A. The zone controller software shall be provided with the capabilities required by the specific application. B. Each input, output or calculation result shall be capable of being assigned to the network controller for system networking. 2.12 LOCAL CONTROLLER HARDWARE A. General: The Local Controllers shall be a local control loop microprocessor -based controller installed at each mechanical system; i.e., air handling unit, heating boiler, chiller. The controller shall execute local control sequences, independent of a workstation. All control loops and setpoints shall be stored in EEPROM or other non-volatile field reprogrammable memory. Each controller shall be addressable by a workstation or a portable laptop computer. Where local controllers are used for constant volume duct reheat coil applications, group reheat zones to a local controller by floor, air handling unit, service, etc. B. Scan: Controller shall continuously scan and maintain the most recent data in EEPROM for retrieval by a remote workstation and by the local controller software programs. C. Isolation: Control, communication, and power circuits for each controller shall be individually electrically isolated to protect against transients, spikes, and power surges. All inputs and outputs shall be individually optically isolated from other inputs and outputs, power, communication, and field wiring. Optical isolation shall be provided either as an integral May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-11 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC component of the controller or provided as a separate interface device between the controller and field wiring. D. Servicing: For ease of servicing, each Controller shall consist of a removable plug-in circuit board. Products which require disconnection of wiring from the local controller logic card before removal shall supply and install a quick disconnect type interconnection. E. All controllers shall be interoperable controllers bearing the applicable BACnet or LONMARK logo on each controller that is provided. F. Database: All field control database shall be entered, changed or downloaded to the local controllers via a portable service tool or system workstation. G. Auto -Calibration: All inputs shall feature an auto -calibrate function to eliminate sensing errors. H. Input/Output Modules: Provide the following input/output capabilities: Universal inputs which can accept industry standard analog signals (4-20 mA, 0-5 VDC, etc.) and binary contact closures: 1. Digital outputs may be latched or momentary contact type. 2. Analog outputs shall have a 1 % resolution over total output span of 100%. 2.13 LOCAL CONTROL SOFTWARE A. General: Provide complete controller software to execute all mechanical system local loop controls functions. B. Control Parameters: The software blocks in the local controller shall produce all of the necessary reverse acting and/or direct acting Pl2 signals as required by the control sequence. The proportional and integral values which make up the PI2 output value shall be readable and modifiable, at the system workstation or the portable service tool to facilitate tuning of control loops. C. Networking: Each input, output, or calculation result shall be capable of being assigned to the system controller for system networking. D. Programming Functions: Provide the following standard temperature control loop programming functions: 1. Control Block Programming. 2. PI2 or PID Control. 3. Serial Load Staging. 4. Binary Load Staging. 5. Analog Load Staging. 6. Master-Submaster Routines. 7. Anti -Windup for Integrated Loops. 8. Weekly/Daily/Holiday Scheduling. 9. Optimum Start/Stop Programming. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-12 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC 10. Automatic Trending with Adjustable Sample Rates. 2.14 SYSTEM CONTROLLER HARDWARE A. General: The system controller shall be a microprocessor based, multi -tasking real time system controller that provides advanced system programming, uplink and downlink communication, polling and other supervisory functions for zone and local controllers. Provide the system controller with a minimum 9600 baud auto -dial auto -answer modem for remote network access and remote alarm reporting. B. Operating Environment: The control shall be capable of operating in an environment of 32' to l22°F and 10 to 90% relative humidity non -condensing. C. Power Loss/Restart: The controller shall be tolerant of power failures. Memory shall be non- volatile or unit shall hold memory of to 30 days minimum on back-up batteries. When a power failure has occurred and power (normal or emergency) is restored, automatically and without operator intervention, the controller shall execute the following restart procedures: 1. Come on line. 2. Update all monitored functions. 3. Implement special building start-up strategies as required. 4. Resume operation based on current time and status. D. Stand -Alone: The controller shall be a true no -host system that does not require a PC or "Host" computer to perform any control functions or communications. E. Isolation: Field communication ports shall be individually electrically isolated to protect against transients, spikes, and power surges. The ports shall be optically isolated from each other, the controller circuit board and from power wiring. Optical isolation shall be provided either as an integral component to the controller or provide as a separate interface device between the controller and field wiring. Self Diagnostics: The controller shall contain in this program, a self -test procedure for checking communications and verify the functionality of the CPU memory and database. G. The system controller shall be the integration point for ASHRAE Standard 135-1995 BACnet or LONMARK technology communication protocols. The system controller shall also provide all tools for Java enabled Web browser access via the local area networks (Intranet) and wide area networks (Internet). 2.15 SYSTEM CONTROLLER SOFTWARE A. General: The network controller software shall be multi -tasking, menu -driven, in English language. The software shall operate on a database comprised of control blocks which resemble control hardware devices (receiver controllers, gradual relays, higher or lower of two pressure relays, time delay relays, etc.). The Controls Contractor shall configure these control blocks to attain the proper sequence of control. The user shall be able to add, delete, or modify all control blocks on-line as required. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-13 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC B. Passwords: Provide a minimum of multiple levels of user definable passwords C. Help Menu: On-line location sensitive help shall be provided for each menu item, describing the consequences of making the highlighted menu selection. D. Login: A login message shall be displayed every time the workstation is connected to a network controller. E. Backup and Restore: The database in each network controller shall be uploaded to the System Workstation, for archival purposes, and shall be re -downloaded to each network controller at any time. Operating system changes, parameter changes, upgrades and enhancement for network controllers shall be downline loadable from the System Workstation, or via dial -in from a remote location. Programming Functions: The software blocks shall provide all the necessary mathematics, logic, utility, and control functions necessary for proper sequence of control. These functions shall be contained in the network controller operating system to be available in any combination for field programming the unit through RAM memory. As a minimum, these routines shall include, but not be limited to, energy management strategies such as: 1. Time or Event Based Scheduling. 2. Adaptive Optimum Start/Stop. 3. Demand Limiting/Load Shedding. 4. Enthalpy Control. 5. Hot Water/Outdoor Air Reset. 6. Run Time Totalization. 7. Alarm Detection and Dial Out. 8. Night Setback. 9. Historical Trending. G. Alarms: The network controller shall be capable of comparing analog and digital readings to predetermined high and low limits and annunciate each time a value enters or returns from an alarm condition. Unique high and low limits shall be supplied for each analog point in the system. They system shall be capable of suppressing selected alarm reporting when the primary equipment from which the alarm point is based is in the inactive state. The alarm features of the network controller software shall, as a minimum, provide the following: 1. Digital, Analog, and Hi/Lo settings and deadband. 2. Sliding Alarm Limits. 3. Conditional Alarming. 4. Alarm inhibiting through feedback loop. 5. Fluttering Alarm Suppression. 6. Separate Tailored Alarm Messages for each alarm. 7. Auto dial of any alarm condition to a minimum of 10 phone numbers. H. Communication Diagnostics: The network controller software shall be programmed for self - diagnosing of failure, automatically without query by the operator. In the event of communications failure or limited power failure, the system shall be capable of both notifying a local operator of the specific occurrence, as well as auto dialing the condition to a remote site. Auto -dial out shall be configurable to repeat the alarm while the situation remains unattended May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-14 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC and unacknowledged. In addition to automatic self -diagnostics, communications statistics on zone and general application controller communications shall be maintained. These statistics shall tabulate total communications attempted versus successful and unsuccessful communications by unit number. The option to reset communications statistics to zero (0) at any time shall be provided. Interfaces to Other Manufacturer's Equipment: Where specified, each Network Controller shall be equipped with standard software blocks with which to interface to other manufacturer's equipment. The software blocks shall be defined by the Controls Contractor to read/write analog values and digital status to/from other manufacturer's equipment for alarm, trend, operator advisory, graphic display and other system uses. Communications between the Network Controller and other manufacturer's equipment shall occur in the same manner and with the same software as that used for communications with Dedicated and General Application Controllers. The software shall employ object -oriented technology for representation of all data and control devices within the system. In addition, adherence to industry standards for ASHRAE BACnet and LONMARK is required to assure interoperability between control system manufacturers. The control contractor must provide a PICS document showing the installed system's BACnet compliance level of 3. K. The software must incorporate the ability to access all data using Java enabled browsers without requiring proprietary operator interface and configuration programs. L. The software shall allow alarms to be routed to E-mail messages and paging services. M. Access to the system controller shall be via the Internet from a remote location and from a local computer operator's station (when specified) by direct connection to an Ethernet LAN. The control contractor shall provide a connection to the Internet to enable this access via high-speed modem or via the Intranet to a corporate server providing access to an Internet Service Provider. The owner shall pay monthly access charges for the connection and service provider. 2.16 OPERATOR INTERFACE STATION A. Project to utilize existing operator work station. 2.17 WIRING AND CONDUIT A. All wire will be copper and meet the minimum wire size and insulation class listed below: Wire Class Wire Size Isolation Class Power 12 Gauge 600 Volt Class One 14 Gauge Sid. 600 Volt Class Two 18 Gauge Sid. 300 Volt May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-15 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC Wire Class Wire Size Isolation Class Class Three 18 Gauge Std. 300 Volt Communications Per Mfr. Per Mfr. B. Power and Class One wiring may be run in the same conduit. Class Two and Three wiring and communications wiring may be run in the same conduit. C. Where different wiring classes terminate within the same enclosure, maintain clearances and install barriers per the National Electric Code. D. Where wiring is required to be installed in conduit, EMT shall be used. Conduit shall be minimum 1/2 inch galvanized EMT. Compression fittings shall be used for interior locations and watertight compression fittings for exterior locations. Provide conduit seal off fitting where exterior conduits enter the building or between areas of high temperature/moisture differential. E. Flexible metallic conduit (max. 3 feet) shall be used for connections to motors, actuators, controllers, and sensors mounted on vibration producing equipment. Liquid -tight flexible conduit shall be use in exterior locations and interior locations subject to moisture. F. Junction boxes shall be provided at all cable splices, equipment terminations, and transitions from EMT to flexible conduit. Interior dry location J-boxes shall be galvanized pressed steel, nominal four -inch square with blank cover. Exterior and damp location J-boxes shall be cast alloy FS boxes with threaded hubs and gasketed covers. G. Where the space above the ceiling is a supply or return air plenum, the wiring shall be plenum rated. Teflon wiring can be run without conduit above suspended ceilings. EXCEPTION: Any wire run in suspended ceilings that is used to control outside air dampers or to connect the system to the fire management system shall be in conduit. 2.18 PNEUMATIC TUBING A. All pneumatic tubing will be FR rated polyethylene instrumentation tubing, type M, hard copper tubing, or soft copper tubing. B. All pneumatic tubing will be sized for a maximum pressure drop of 2 PSI from the pressure reducing valve to end device. 2.19 COAXIAL CABLE A. Coaxial cable shall conform to RG62 or RG59 rating. B. Provide plenum rated coaxial cable when running in return air plenums. 2.20 FIBER OPTIC CABLE May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-16 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC A. Acceptable fiber optic cable shall include the following sizes; 50/125, 62.5/125 or 100/140. Only glass fiber is acceptable, no plastic. B. Fiber optic cable shall only be installed and terminated by an experienced contractor. The BAS contractor shall submit to the Engineer the name of the intended contractor of the fiber optic cable with his submittal documents. 2.21 ENCLOSURES A. All controllers and field interface panels shall be mounted in new enclosures unless otherwise stated in this specification. B. All outside mounted enclosures shall meet the NEMA-4 rating. C. The tubing and wiring within all enclosures shall be run in plastic track. Wiring within controllers shall be wrapped and secured. D. All tubing shall be connected to enclosures through conduit. Use bulkhead fittings where appropriate. PART 3 - EXECUTION 3.1 PROJECT MANAGEMENT A. Provide a project manager who shall, as a part of his duties, be responsible for the following activities: 1. Coordination between the Contractor and all other trades, Owner, local authorities, and the design team. 2. Scheduling of manpower, material delivery, equipment installation and checkout. 3. Maintenance of construction records such as project scheduling and manpower planning and AutoCad for project co-ordination and project record drawings. 3.2 SYSTEM SETUP AND INSTALLATION A. System setup and installation shall include but is not limited to the following: 1. Database entry and database setup of all input and output points, including alarm printouts with individual alarm messages, as described on the input/output point list. 2. Programming and full setup of all sequences described in the sequence of operation section of the specification as shown in Part 4 - Sequence of Operation & Points List. 3. Complete checkout and testing of all functions, operations and features of the building automation system as described in this specification including, but not limited to, all features and functions utilized in the system setup as well as features and capabilities of the software and hardware described as provided and installed but not implemented or used at this time. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-17 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC 3.3 WIRING INSTALLATION METHODS A. Install systems and materials in accordance with manufacturer's instructions, rough -in drawings and equipment details. Install electrical components and use electrical products complying with requirements of applicable Division 16 sections of these specifications. B. The term "control wiring" is defined to include the providing of wire, conduit, and miscellaneous materials as required for mounting and connecting electric or electronic control devices as follows: 1. Consist of wiring in pilot circuits of contractors, starters, relays, etc., and wiring for valve and damper operators. 2. For single phase devices where power current passes through controller, wiring between controller and device shall be considered control wiring; wiring to device from electric panel shall be considered power wiring. C. Install control wiring system in conduit for electric/electronic control systems. Conceal wiring, except in mechanical rooms and areas where other conduit and piping are exposed. UL plenum rated cable shall be allowable in air plenums as approved by local codes. All control wiring shall be installed in a neat and workmanlike manner parallel to building lines with adequate support. Provide shielded cabling where required to prevent noise from being superimposed on control system wiring. Both conduit and plenum wiring shall be supported from or anchored to structural members. Conduit or plenum wiring supported from or anchored to piping, duct supports, the ceiling suspension system, or the electrical conduits is not acceptable. Wiring buried in slab on grade concrete or explosion proof areas shall be in rigid metal conduit. Provide adequate strain relief for all field terminations. D. Number -code or color -code conductors, excluding those used for individual zone controls, appropriately for future identification and servicing of control system. E. All line voltage power wiring required because of substitution of equipment specified in this section, shall be provided by this section. 3.4 NA 3.5 CONTROL DEVICE LOCATIONS A. Adjustable sensors and thermostats shall be mounted according to the requirements of the Americans with Disabilities Act (ADA) and the American National Standards Institute (ANSI) requirements. The contractor shall submit coordination documents to the architect indicating intended sensor/thermostat locations including intended mounting heights for architect review and approval. Upon completion of the architect's comments, the documents shall be submitted to the mechanical engineer for final review. B. Remote control devices not in local panels shall be accessible for adjustment and service — below T above finished floor whenever possible. C. Locate all temperature control devices wired under Division 16. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-18 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC D. Local control enclosures shall be mounted at eye level for accessibility and service, and located within 50 feet of the system served, unless otherwise shown on the plans. 3.6 IDENTIFICATION A. All control equipment shall be clearly identified by control shop drawing designation as follows: 1. Control valves and damper actuators - brass tags or engraved bakelite tags 2. Other remote control devices - metal. tags or laser printed, adhesive backed, metalized polyester film labels. 3. Control Enclosures - engraved nameplate with panel number and system served. 4. Control Conduit Junction Boxes - Painted medium blue. 3.7 MOUNTING AND INSTALLATION PRACTICES FOR DEVICES A. Well -mounted sensors will include thermal conducting compound within the well to insure good heat transfer to the sensor. B. Actuators will be firmly mounted to give positive movement and linkage will be adjusted to give smooth continuous movement throughout 100 percent of the stroke. C. Relay outputs will include transient suppression across all coils. Suppression devices shall limit transients to 150% of the rated coil voltage. D. Water line mounted sensors shall be removable without shutting down the system in which they are installed. E. Outdoor air sensor shall be placed in a location approved by the engineer. k :i•1414y:\1[K6]amY:T$]A9: 0191r1 A. All relays, switches, transducers and other field interface devices, for equipment located within the mechanical equipment rooms, shall be panel mounted. Panels shall be NEMA type suitable for applications as required with hinged door and key -lock latch. Size for 20% spare mounting capacity. B. Manual switches and indicating devices shall be flush -mounted on the panel face. Provide engraved bakelite or lithographed metal nameplates for all items on the panel face with white 1/2 inch high letters on a black background. Paper or embossed labels are not acceptable. C. Mount internal components securely on steel removable sub -panels. Each component shall be individually labeled with function and device identification, as shown on the control shop drawings. Label information shall be printed with a laser printer on adhesive backed metalized polyester film. Paper or embossed labels are not acceptable. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-19 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC D. Interconnections between internal and face -mounted devices pre -piped and wired with color - coded tubing/conductors shall be neatly installed in plastic tray and/or tie -wrapped. All wiring within the panel shall be run in wiring tray in accordance with NEMA and UL standards, and shall meet all local codes. Terminals for field connections shall be UL listed for 600V service, individually identified per control shop drawings, with adequate clearance for field wiring. Control air terminations for field connection shall be individually identified control shop drawings. E. Provide a convenience 120 VAC receptacle in each panel, a fused on/off power switch, and main air gauge for control power sources to each local panel. Provide a final as -built control drawing, reduced, laminated, and mounted inside of the panel door. 3.9 MOUNTING AND INSTALLATION PRACTICES FOR ZONE AND LOCAL CONTROLLERS A. Controllers are to be mounted vertically. B. The 120 VAC power wiring to the network of Controllers shall be a dedicated run, with a separate breaker. Each run will include a separate hot, neutral, and ground wire. The ground wire will terminate at the breaker panel ground. This circuit will not feed any other circuit or device. C. Utilize a true earth ground. Do not use a corroded or galvanized pipe, or structural steel. D. Controllers will be clearly labeled with the model number of the controller. In addition, all status lights will be identified with labels to indicate their function. 3.10 SOFTWARE INSTALLATION A. The Contractor shall provide all labor necessary to install, initialize, start-up, and debug all system software as described in this section. This includes any operating system software or other third party software necessary for successful operation of the system. 3.11 SYSTEM ACCEPTANCE A. General: The system installation shall be complete and tested for proper operation prior to acceptance testing for the Owner's authorized representative. A letter shall be submitted to the Engineer requesting system acceptance. This letter shall certify all controls are installed and the software programs have been completely exercised for proper equipment operation. Acceptance testing shall commence at a mutually agreeable time within ten (10) calendar days of request. When the test procedures have been demonstrated to the Owner's representative and pass, the system will be accepted. The One -Year Warranty Support Plan shall begin at this time. B. Acceptance Test Procedures: DDC control panels shall be demonstrated via a functional end -to - end test. Prior to an acceptance test review by the Engineer, the contractor shall submit a point by point checklist to the Engineer with descriptions of how the following tests were performed. Such that: May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-20 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC 1. All output channels shall be commanded (on/off, stop/start, adjust, etc.) and their portion verified. 2. All analog input channels shall be verified for proper operation. 3. All digital input channels shall be verified by changing the state of the filed device and observing the appropriate change of displayed value. 4. Automatic control operation of PID control loops shall be verified by introducing an error or change into the system and observing the proper corrective system response. 5. Automatic control operation of sequences of operation shall be verified by introducing an error or change into the system and observing the proper corrective system response. 6. Selected time and setpoint schedules shall be verified by changing the schedule and observing the correct response on the controlled outputs. 7. Communication with each DDC control panel shall be demonstrated. 8. All available and specified system reports and logs shall be demonstrated at the system workstation. 9. Correct system start-up and shutdown procedures shall be demonstrated. 10. All controllers shall be demonstrated to operate in a standalone mode. 11. Workstation Operator commands will be explained and demonstrated. 12. If any point or sequence should fail testing, perform necessary repair action and retest failed point and all interlocked points. C. Project Record Documentation: After a successful acceptance demonstration, submit project record drawings of the completed project for final approval. After receiving final approval, supply three (or as specified in Division l) complete project record drawing sets (maximum ANSI "D" size), together with AutoCad diskettes to the owner. The original master site software license and disposition of any required software keys shall be included. D. Operation and Maintenance Manuals: Submit six (6) copies (or as specified in Division 1) of operation and maintenance manuals. Include the following: 1. Update all drawings and data required in the control submittal to a finalized form and add the following information: a. An operator's manual which will include detailed instructions for all operations of the system. b. A programmer's manual which will include all information necessary to perform programming functions. C. A language manual which will include a detailed description of the language used and all routines used by the system. d. An operator's reference table listing the addresses of all connected input points and output points. Settings shall be shown where applicable. e. Complete program listing file and parameter listing file for all programs. f. A copy of the warranty. g. Operating and maintenance cautions and instructions. h. Recommended spare parts list. 3.12 TRAINING A. Contractor shall provide to the engineer a training class outline prior to any scheduled training. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-21 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC B. Training sessions shall be provided for the Owner's personnel by factory trained control engineers and technicians. C. The control contractor shall conduct four - four (4) hour on -site training sessions as a course for designated owner's personnel in the maintenance and operation of the control system. One course shall he given prior to system acceptance and one additional course shall be provided during the Warranty Support Plan period. D. The course shall include instruction on specific systems and instructions for operating the installed system on include as a minimum: 1. HVAC system overview 2. Operation of Control System 3. Function of each Component 4. System Operating Procedures S. Programming Procedures 6. Maintenance Procedures 3.13 WARRANTY A. Warranty: The control system shall be warranted to be free from defects in both material and workmanship for a period of one (1) year of normal use and service. This warranty shall become effective the date the owner accepts the system. The warranty shall include standard workday emergency problem response and all Warranty Support Plan preventative maintenance items (i.e. sensor calibration, linkage adjustment, etc.). An emergency service number shall be provided to the owner. Response shall be within four (4) hours to the phone call. Provide information and costs to the owner for an Extended Support Agreement prior to Warranty Support Plan period expiration. B. Upgrades: Include all controller firmware and software updates for the installed system version at no additional cost to the system owner during the warranty period. 3.14 SPARES A. Provide one each of the following spare parts: 1. Room Sensor 2. Zone Controller Board (one of each type) 3. Local Controller Board (one of each type) 3.15 EXPANSION A. System Controller Hardware and Software must be provided with expansion capabilities for the addition of control, points, etc. for future remodel of remainder of building. PART 4 - SEQUENCE OF OPERATIONS AND POINTS LISTS May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-22 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC 4.1 GENERAL A. Control: All HVAC Systems shall be controlled with Direct Digital Control (DDC) according to the point list contained in this section of the specifications and shall be stand-alone. Additional points or software programming not listed in the point list but which are required to meet the following sequences of operation shall be provided. B. Mounting: All Controllers, Relays, Transducers, etc., required for stand-alone control shall be housed in a NEMA enclosure rated for the installed conditions, with a lockable door. C. Setpoints: All setpoints shall be adjustable. All control loops shall utilize PIZ or PID control algorithms unless otherwise specified in the sequence of operation. D. Feedback: Provide feedback position as a function of graphical display on each actuator (excluding terminal unit equipment actuators). E. Alarms: All general application controller and network controller communication failures shall be capable of being annunciated at a remote workstation printer as an alarm. All specified I/O device alarms shall be capable of being annunciated at a remote system workstation or remote workstation printer with alarm messages tailored for the alarm by system type and device type (e.g. "AHU -1, Fan Failure"). F. Normal (failed) positions for dampers and valves are as follows: l . Outside air damper - Closed 2. Return air damper - Open 3. Exhaust air damper - Closed 4. Hot water valve - Open 5. In -duct Heating Valve - Last position G. Points lists: Please note that the temperature control points listed in this section reflect the minimum points needed for control and/or monitoring of equipment. Additional control points may be required in order to meet the following sequences of control. The control points listed for packaged equipment (e.g. rooftop units) shall be read-write (r-w) or on -off capable. Where noted, read-only (r-o)is acceptable. 4.2 HEATING WATER SYSTEM CONTROL A. Design intent: 1. The heating water system is designed to provide heating water to the various HVAC hydronic systems, domestic hot water and pool heat. 2. The system is comprised of three (3) natural gas fired boilers (B-1, B-2 and B-3), and three (3) primary variable flow heating water pumps (P-1, P-2 and P-3) with associated variable frequency drives. Each pump is piped to an associated boiler. 3. The boiler system is equipped with Viesmann Boilers. The Viessmann Boilers are equipped with controls capable of the following: boiler enabling, boiler cascading or staging, pump enabling, and boiler and pump status and alarms. The JCI control system will be responsible for the remaining control of the following: system pressure and pump May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-23 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DOC speed control, pump P-4 control, and domestic hot water control. All points and alarms shall be visible at the operators workstation. All subsequent paragraphs will be indicated in bold as to what is responsible for the control function, Viessmann, or 7CI. 4. The HVAC heating water temperature shall be reset based on outside air temperature. Temperature reset shall be programmed into and performed by the boiler operating and staging controls. B. General: 1. The heating hot water system shall operate continuously to provide heat for domestic water and pool heat. 2. All boiler safeties shall be provided by the boiler manufacturer. The following are the required safeties: Flame failure, low water cutoff and high temperature. The boiler operating controls shall be provided by the boiler manufacturer. C. Initial starting positions & sequence: 1. All boilers and pumps shall be off. When the boiler plant is enabled through the associated Viessmann boiler controls, the lead boiler primary pump shall be enabled. The lead boiler shall be alternated weekly. After the pump proves flow via its associated status, the lead boiler shall be start and modulate to maintain the heating water temperature setpoint. The primary heating water pump VFD will be modulated to maintain a system pressure at DPT-1. 2. Start after power loss: a. All devices that were energized prior to power loss shall be restarted in order of original lead to lag. Provide an orderly startup such that the "initial starting positions and sequences" is initiated, followed by a start of each lag device upon confirmation of positive run operation or failure to start. The startup of the lag devices shall follow the "boiler staging control' sequence. D. Equipment rotations and relations: Rotations (Viessmann): a. Rotate the lead/lag operation of the equipment every 1000 hours (adjustable at the Viessmann controller). This rotation is inclusive of boilers and heating water pumps. 2. Relations (Viessmann): a. All heating water system equipment shall be staged, rotated and controlled with software. Each boiler shall have a designated pump. E. Boiler staging and set point control (Viessmann): General: The boiler HWS set point shall be reset based on outdoor air temperature. Refer to schedule listed below. Boiler capacity shall be accomplished by boiler burner modulation from the boiler, not cycling boilers off and on to achieve a system temperature. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-24 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC a. Stage boiler on: 1) When the heating water supply temperature drops 5° F below the heating water supply set point for 5 continuous minutes and the previously staged boiler has been enabled for 20 minutes, the next in line lag heating water pump shall energize and the next in line lag boiler shall be enabled. b. Stage boiler off: 1) When the common primary hot water return temperature is within 50% of the design temperature differential (TD) between the HWS and HWR (i.e. if HWR is 131 ° F when the design TD is 30°F and the HWS set point is 150' F) for 5 continuous minutes. Disable the lead boiler and the lead heating water primary pump. Outside air reset control (Viessmann): Heating water system temperature shall be reset based on outside air temperature. Refer to the schedule below. Outside Air Temperature HWS Temperature 107 or less 1750F 70°F or greater 150OF G. Primary pump staging (Viessmann) and Pressure control (JCI): Primary Pump Staging (P-1, P-2 and P-3): Pumps P-1, P-2 and P-3 shall energize with their respective boiler and the pump speed shall modulate via their associated variable frequency drives to maintain a differential pressure set point of 15 PSIG (supply vs. return) as measured by a remote differential pressure transmitter DPT-1. The differential pressure transmitter shall be mounted at a remote location. Refer to mechanical drawings for location. Energize the lead pump and boiler to operate continuously. H. Failure modes: Boiler or primary pump failure (Viessmann): a. Upon sensing a failure on an on-line boiler through summary alarm input, immediately disable the failed boiler and associated primary pump as described in the "stage boiler off' sequence and provide a graphical and printed alarm at the BAS workstation. Select the next in line boiler and primary pump and begin the "stage boiler on" sequence. 2. Failure of HWS temperature transmitter (JCI): a. Upon sensing a failure (end of scale reading) which is required for boiler staging control, the failed transmitter shall be alarmed at the BAS workstation. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-25 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC 3. Failure of the remote hot water differential pressure transmitter (JCI): a. Upon sensing a failure (end of scale reading) of the DPT control transmitter, the failed transmitter shall be alarmed at the BAS workstation. 4. Pump control (Viessmann Controls): a. Primary heating water loop pumping: 1) The primary pumps shall be staged with their associated boilers as described under "boiler staging control'. Pool Loop Temperature and Pressure control (JCI): 1. Pump P-4 shall energize and operate continuously. The pump speed shall modulate via its associated variable frequency drive to maintain a differential pressure set point of 15 PSIG (supply vs. return) as measured by a remote differential pressure transmitter DPT-2. The differential pressure transmitter shall be mounted at a remote location. Refer to mechanical drawings for location. The control valve (V-1) shall modulate to maintain a discharge temperature and or reset temperature as determined by the building operator. J. Points List: 1. Refer to Drawing M6.1 for points list and control diagram. 4.3 POOL DEHUMIDIFICATION AIR TO AIR HEAT RECOVERY AIR HANDLING CONTROL SEQUENCE OF OPERATION (AHU-1 & AHU-2) A. When disconnect switch is in ON position: unit is energized, the outside air damper opens to its minimum position and the recirculation damper opens to its maximum recirculation position, when dampers are at their minimum/maximum positions the supply fan is energized and the unit return fan is energized on its minimum VFD setting. The unit shall operate continuously. B. When disconnect switch is OFF: supply and exhaust fans are de -energized, outside air damper closes and the exhaust motorized damper closes. C. Pool Space Temperature Control Sequence of Operation: Heating: The controller with temperature sensor located in the pool space shall control the heating valve to maintain the space setpoint (827, adjustable at front end workstation). D. Pool Space Humidity Control Sequence of Operation: Unit is designed specifically for pool space dehumidification. A controller with humidity sensor and a differential pressure sensor mounted in the pool space shall control the position of the outside air damper, recirculation damper, and exhaust fan VFD to control space humidity. 1. Winter Operation: (Outside air dew point below 55 deg F) May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-26 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC a. On a rise in humidity above the setpoint (50% RH, adjustable at front end workstation), the controller shall modulate the outside air damper open, and modulate the recirculation damper closed. The exhaust fan shall operate in accordance with the Space Pressure Control sequence of operation (located this is section). b. On a fall in humidity below the setpoint (50% RH, adjustable at front end workstation), the controller shall modulate the outside air damper closed, and modulate the recirculation damper open. The dampers will not modulate closed past their minimum positions. The exhaust fan shall operate in accordance with the Space Pressure Control sequence of operation (located this is section). 2. Summer Operation: (Outside air dew point above 55 deg F) a. On a rise in humidity above the setpoint (60% RH, adjustable at front end workstation), the controller shall modulate the outside air damper and recirculation dampers to their maximum outside air and minimum recirculation air positions to maintain room humidity. The exhaust fan shall operate in accordance with the Space Pressure Control sequence of operation (located this is section). b. On a fall in humidity below the setpoint (60% RH, adjustable at front end workstation), the controller shall modulate the outside air damper and recirculation air dampers to their minimum outside air and maximum Recirculation air positions. The exhaust fan shall operate in accordance with the Space Pressure Control sequence of operation (located this is section). 3. Purge Mode a. Purge mode is used to index the unit into a 100% maximum outside air mode for removal of natatorium atmosphere. Upon a remote signal from the building automation system workstation, the purge mode cycle shall be energized. During purge mode, the unit outside air damper shall be fully open the return air damper closed, the exhaust fan VFD shall be fully energized. The purge cycle run time shall be 10 minutes (adjustable at front end workstation). E. Heat Exchanger Outside Air Face/Bypass Damper Sequence: The Controller will have a temperature sensor mounted in the exhaust air stream leaving the heat exchanger. 1. Winter Defrost Mode (exhaust air temperature leaving FIX below 40°17): Controller will modulate face/bypass dampers to prevent the exhaust air stream temperature from dropping below 40°F. To achieve this setpoint, the heat exchanger outside air face and bypass damper modulates open to the by-pass position and the face damper modulates to the closed position for the purpose of preventing frost on the heat exchanger. 2. Energy Recovery Mode (exhaust leaving air temperature above 40°F): The face damper shall be fully open and the bypass damper shall be fully closed. All outside air shall pass through the heat exchanger during this mode. 3. Note: All temperature settings are field adjustable at front end workstation. F. Space Pressure Control May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-27 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC 1. The exhaust fan shall run continuously such that the exhaust air amount exceeds the amount of outside air being introduced into the space. The VFD minimum speed shall correspond to the minimum exhaust airflow as listed on the schedule. 2. The exhaust fan VFD is controlled to maintain the natatorium space pressure at a negative pressure of-0.01" W.C. (adjustable at front end workstation) with respect to the outdoor pressure. The exhaust airflow shall not fall below the scheduled minimum. 3. Whenever the natatorium space pressure is positive with respect to the outdoor air pressure, an alarm shall be generated through the BAS system. G. Safeties: 1. Coordinate the unit fire alarm connections and components with the owner. 2. The supply fan and return fan shall de -energize if the smoke detector or freeze protection thermostat safeties are energized. These safeties shall all be hardwired and shall all generate an alarm at the BAS. 3. The freeze protection thermostat shall be located across downstream face of the hot water coil one per every 20 S.F. of coil area. The set point shall be set to 35°F (adjustable at the device mounted on the unit). This safety shall be hardwired and shall generate an alarm at the BAS. 4. The heating coil pump shall energize and run continuously whenever the outside air temperature drops below 40' F, or whenever the heating coil control valve is energized to open. Upon sensing the failure of the coil circulating pump through its status "off" for five (5) continuous seconds, the failed pump shall be disabled and alarmed at the BAS workstation. 5. High/Low Limits. If the supply air leaving the unit drops below 40°F or rises above 130°F, the DDC controller shall close the outside air and exhaust air dampers, de - energize the unit and alarm the BAS at the front end workstation. H. Points List: Refer to Drawings M6.1 for points list and control diagram. 4.4 VARIABLE VOLUME AIR TO AIR HEAT RECOVERY AIR HANDLING CONTROL (AHU-3/4) A. Design intent: 1. This is a variable air volume air handling unit utilizing a variable air volume terminal unit (VAV) serving the pool locker room and motorized dampers with associated occupancy sensors serving the lower level locker and exercise spaces. 2. This variable air volume air -handling unit is controlled through a heating coil, and air to air heat exchanger and an airside economizer. The outside air damper shall deliver 100% outside air. Supply and return fans shall be controlled by their associated variable frequency drives. B. General: The scheduled operation time is by the DDC system. The system shall operate continuously during building occupied hours. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-28 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC 2. When the supply and return fan are off, the outside air damper shall be closed, the return air damper shall be open, and the heating water valve shall modulate to maintain a plenum temperature of 70°F (adjustable at front end workstation) as sensed by the unit discharge air sensor. When a start is commanded, the supply and return fans shall energize and the outside air damper shall open to its minimum position simultaneously. C. Supply static pressure control: 1. The supply fan variable frequency drive shall modulate the fan speed to maintain a minimum of 0.5" w.g. positive supply duct pressure (adjustable at front end workstation). The duct sensing references shall be located downstream from the fan approximately 2/3's the distance of the duct run. 2. The transmitter shall be located in straight runs of duct to prevent false signals from being transmitted to the BAS. D. Exhaust fan speed and building pressure control: 1. The exhaust fan variable frequency drive speed shall lag the supply fan variable frequency drive speed by an amount of 10 Hz (adjustable at front end workstation). 2. The exhaust air damper shall modulate to maintain the building pressurization of 0.03" W.G. (adjustable at front end workstation) with respect to the outdoors as sensed by the building static pressure sensor. The BAS shall monitor the building static pressure and generate an alarm if the building static pressure drops below 0.03" W.C. with respect to ambient outdoor static pressure. E. Discharge air temperature control: 1. The heating valve shall be modulated to maintain discharge air set point temperature of 60°F (adjustable at front end workstation). 2. The DDC system shall poll the zone sensors. The DAT shall be reset based on critical occupied zones as determined by the owner. F. Mixed air damper control: 1. This unit cannot achieve mixed air control since the unit is 100% outside air. 2. The DDC system shall poll the zone sensors. The DAT shall be reset based on critical occupied zones as determined by the owner. G. Heat Exchanger Outside Air Face/Bypass Damper Sequence: The Controller will have a temperature sensor mounted in the exhaust air stream leaving the heat exchanger. 1. Winter Defrost Mode (exhaust air temperature leaving HX below 407): Controller will modulate face/bypass dampers to prevent the exhaust air stream temperature from dropping below 40°F. To achieve this setpoint, the heat exchanger outside air face and bypass damper modulates open to the by-pass position and the face damper modulates to the closed position for the purpose of preventing frost on the heat exchanger. 2. Energy Recovery Mode (exhaust leaving air temperature above 40°F): The face damper shall be fully open and the bypass damper shall be fully closed. All outside air shall pass through the heat exchanger during this mode. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-29 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC 3. Economizer Mode (OA temperature is below exhaust temperature): Whenever the outside air temperature is below the exhaust air temperature, the unit outside air damper shall be open to 100%, the HX outside air by-pass damper shall be fully open and the HX outside air face damper shall be fully closed. Whenever the outside air temperature drops 3°F or more below the discharge air setpoint, the outside air by-pass damper shall begin to modulate to the closed position and the outside air face damper shall begin to modulate to the open position to maintain the discharge air temperature setpoint. The heating valve shall not start to modulate open until the outside air by-pass damper is fully closed. 4. Economizer (OA temperature is above exhaust temperature): Whenever the outside air temperature is above the return air temperature, the HX outside air by-pass damper shall be fully closed and the HX outside air face damper shall be fully open. The unit outside air damper shall be fully open. S. Note: All temperature settings are field adjustable at front end workstation. H. Morning warm up: The DDC system shall poll the zone sensors and determine the critical coldest zone temperature. Critical zones shall be determined by the owner. This space temperature shall be used to determine the amount of time to preheat the space to the occupied setpoint by the normal occupied time. It will vary from 0 minutes when the space temperature is equal or greater than 71°F to 120 minutes when the space temperature is equal or less than 58°F (adjustable at front end workstation). The supply fan shall run with the outside air damper closed and the return air damper open (HX by-passed in morning warm up and night setback only). The unit is indexed to occupied control at the scheduled start time. Unoccupied/Night Setback Mode: The outside air damper shall close, and the return air damper shall open (HX by-passed in morning warm up and night setback only). The supply fan shall cycle and the heating coil control valve shall modulate to maintain a night setback space temperature setpoint when any sensor has a call for heating. All night set back parameters shall be adjustable at front end workstation. Safeties: 1. Coordinate the unit fire alarm connections and components with the owner. 2. The supply fan and return fan shall de -energize if the smoke detector or freeze protection thermostat safeties are energized. These safeties shall all be hardwired and shall all generate an alarm at the BAS. 3. The freeze protection thermostat shall be located across downstream face of the hot water coil one per every 20 S.F. of coil area. The set point shall be set to 35°F (adjustable at the device mounted on the unit). This safety shall be hardwired and shall generate an alarm at the BAS. 4. The heating coil pump shall energize and run continuously whenever the outside air temperature drops below 40' F, or whenever the heating coil control valve is energized to open. Upon sensing the failure of the coil circulating pump through its status "off' for five (5) continuous seconds, the failed pump shall be disabled and alarmed at the BAS workstation. May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-30 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC 5. High/Low Limits. If the supply air leaving the unit drops below 407 or rises above 130°F, the DDC controller shall close the outside air and exhaust air dampers, de - energize the unit and alarm the BAS at the front end workstation. K. Points List: Refer to Drawing M6.1 for points list and control diagram. 4.5 CONSTANT VOLUME AIR TO AIR HEAT RECOVERY AIR HANDLING CONTROL (AHU-5) A. Design intent: 1. This is a constant volume single unit serving duct heating coils throughout the facility. The unit has a supply fan, return fan, heating coil, DX split face cooling coil and associated (2) stage air cooled condensing unit, air to air heat exchanger, filter/mixing box, and access sections. 2. This variable air volume air -handling unit is controlled through a heating coil, and air to air heat exchanger and an airside economizer. The outside air damper shall deliver a set minimum amount of outside air. B. General: 1. The scheduled operation time is by the DDC system. The system shall operate continuously during building occupied hours. 2. When the supply and return fan are off, the outside air damper shall be closed, the return air damper shall be open, and the heating water valve shall modulate to maintain a plenum temperature of 70°F (adjustable at front end workstation) as sensed by the unit discharge air sensor. When a start is commanded, the supply and return fans shall energize and the outside air damper shall open to its minimum position simultaneously. C. Building pressure control: The exhaust air damper shall modulate to maintain the building pressurization of 0.03" W.G. (adjustable at front end workstation) with respect to the outdoors as sensed by the building static pressure sensor. The BAS shall monitor the building static pressure and generate an alarm if the building static pressure drops below 0.03" W.C. with respect to ambient outdoor static pressure. D. Discharge air temperature control: 1. The heating valve shall be modulated and the two DX cooling compressors shall be staged to maintain discharge air set point temperature of 60°F (adjustable at front end workstation). 2. The DDC system shall poll the zone sensors. The DAT shall be reset based on critical occupied zones as determined by the owner. E. Mixed air damper control: May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-31 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC I. The mixed air controller shall modulate the OA and return dampers to maintain a mixed air set point 3°F below the discharge air setpoint. The unit shall be capable of 100% OA when outdoor conditions allow. 2. The DDC system shall poll the zone sensors. The DAT shall be reset based on critical occupied zones as determined by the owner. F. Heat Exchanger Outside Air Face/Bypass Damper Sequence: The Controller will have a temperature sensor mounted in the exhaust air stream leaving the heat exchanger. 1. Winter Defrost Mode (return air temperature leaving HX below 40°F): Controller will modulate the HX face/bypass dampers to prevent the exhaust air stream temperature from dropping below 40°F. To achieve this setpoint, the heat exchanger outside air face and bypass damper modulates open to the by-pass position and the HX face damper modulates to the closed position for the purpose of preventing frost on the heat exchanger. 2. Energy Recovery Mode (return leaving air temperature above 40°F): The HX face damper shall be fully open and the HX bypass damper shall be fully closed. All outside air shall pass through the heat exchanger during this mode. 3. Economizer Mode (OA temperature is below return temperature): Whenever the outside air temperature is below the return air temperature, the unit outside air damper shall open to 100%, the HX outside air by-pass damper shall be fully open and the HX outside air face damper shall be fully closed. Whenever the outside air temperature drops 3°F or more below the discharge air setpoint, the outside air damper shall remain 100% open, the HX outside air by-pass damper shall begin to modulate to the closed position and the HX outside air face damper shall begin to modulate to the open position to maintain the discharge air temperature setpoint. When the HX outside air face damper is fully open, and the HX bypass damper is fully closed, the unit outside air damper shall begin to modulate to its minimum position to maintain DAT. The heating valve shall not start to modulate open until the unit outside air damper has reached its minimum position. 4. Economizer (OA temperature is above exhaust temperature): Whenever the outside air temperature is above the return air temperature, then unit outside air damper shall be at minimum position, the HX outside air by-pass damper shall be fully closed and the HX outside air face damper shall be fully open. 5. Note: All temperature settings are field adjustable at front end workstation. G. Morning warm up: The DDC system shall poll the zone sensors and determine the critical coldest zone temperature. Critical zones shall be determined by the owner. This space temperature shall be used to determine the amount of time to preheat the space to the occupied setpoint by the normal occupied time. It will vary from 0 minutes when the space temperature is equal or greater than 71°F to 120 minutes when the space temperature is equal or less than 587 (adjustable at front end workstation). The supply fan shall run with the outside air damper closed and the return air damper open (HX by-passed in morning warm up). The unit is indexed to occupied control at the scheduled start time. H. Unoccupied/Night Setback Mode: The outside air damper shall close, and the return air damper shall open (FIX by-passed in morning warm up). The supply fan shall cycle and the heating coil control valve shall May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-32 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC modulate to maintain a night setback space temperature setpoint when any sensor has a call for heating. All night set back parameters shall be adjustable at front end workstation. Safeties: 1. Coordinate the unit fire alarm connections and components with the owner. 2. The supply fan and return fan shall de -energize if the smoke detector or freeze protection thermostat safeties are energized. These safeties shall all be hardwired and shall all generate an alarm at the BAS. 3. The freeze protection thermostat shall be located across downstream face of the hot water coil one per every 20 S.F. of coil area. The set point shall be set to 35°F (adjustable at the device mounted on the unit). This safety shall be hardwired and shall generate an alarm at the BAS. 4. The heating coil pump shall energize and run continuously whenever the outside air temperature drops below 40' F, or whenever the heating coil control valve is energized to open. Upon sensing the failure of the coil circulating pump through its status "off' for five (5) continuous seconds, the failed pump shall be disabled and alarmed at the BAS workstation. 5. High/Low Limits. If the supply air leaving the unit drops below 40°F or rises above 130°F, the DDC controller shall close the outside air and exhaust air dampers, de - energize the unit and alarm the BAS at the front end workstation. Points List: Refer to Drawing M6.1 for points list and control diagram. 4.6 VAV TERMINAL UNIT AND MISCELLANEOUS EXHAUST FAN CONTROL A. System Control: 1. The VAV controller modulates the primary air damper to control to a constant air flow. The VAV controller modulates the reheat valve open as necessary to control the space temperature. 2. The DDC controller shall start/stop the exhaust fan EF-21 (based on the owner supplied time of day schedule) and monitor status. B. Points List: Refer to Drawing M6.1 for points list & control diagram. 4.7 MISCELLANEOUS DDC CONTROL A. Domestic Water Heat Exchanger HX-4: The HX heating valve (V-2) shall modulate to maintain the to the hottest domestic hot water tank temperature setpoint of 120'F (adjustable at front end workstation) as sensed by the temperature sensors mounted in the storage tanks (ST-1 & ST-2). B. Domestic Hot Water Circulation Pumps PP-L PP-2 & PP-3: Pumps PP-1 and PP-2 shall be controlled by the occupied/unoccupied schedule through the building automation system and May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-33 Aspen Recreation Center Division 15 15900 - TEMPERATURE CONTROL SYSTEMS - DDC have status through the DDC. Pump PP-3 shall operate continuously. Refer to Plumbing Plans on Drawing M2.2 for locations. If these pumps are named differently in the DDC system, they shall be renamed to matched the designations on the Drawing M2.2. C. Pool Heat Exchangers: Pool heat exchangers shall be controlled by their existing controls. Provide new heating control valves with flows as indicated on the schematic diagram, Drawing M5.1. D. Sewage ejectors SE-1, SE-2: The pump shall be controlled by its integral control panel. The pump shall have alarm status through the DDC. Refer to Plumbing Plans for locations. E. Points List: Refer to Drawing M6.1 for control diagrams and sequence of operations. END OF SECTION 15900 May 7, 2007 TEMPERATURE CONTROL SYSTEMS - DDC 15900-34 O � U9LS OOtlt10100 OVAH O Y{ 1 & YgB GVOH N3380 NOOHtlW mo sill S1N3W3AOtldWI ONtl SNOI1tl01dI00W OtlAH H31N3O 301 / 100d N113Sl e y 0 LJ i a p eE 0 } ei E" v 36 w<s— ' 8 } la a 3§ ti pEEEE!!t Bf66liIt is s J p99 tB az pi9�e9 _ � tN f e WIN: ig e I G @ so @f — it-0 i y V 0Z ip to 'E?:}@ is w s :333{tit Q888a::: ip w z }aIl} - > w a ,tBf E, i z z C� 0 ��? ❑ss@ IF{ uii � p iei rs ii} 4 37 E tgp Y �i�p DEB 4 >Zx �< 0 � J BBEttNt BBElllta 9a s x �,� , •I ez �P ���� a 0ou }• h-------- _ : j- I c t t e F--- -- B4 0 i 1ipp B EEE e E 3' 33'9ifit anitt §{ 02 z A��IAA EE ! aaa , p� aeON I e e�- }hhafiFFi�6 999�tlilti a 30 IG � ag.{ Bi, F Y i o<i it " a} 0 ❑ pFt ' ! O It 9t E3 0 xiiiiii, uu 'n it it a, o e S itQ EEEB�3B6�66p W b i astt}}}IIt uses {dda � i { 9 1 p - �tffm ! � i"fii >ii i pF➢ < ' € r 'M @' m¢3 i IN. 4 gptr sEBG.,f I FI >i Et t' 'z sBE::ttt EB!lflst 00 {��' 0,ILI c_6 E S 0 : e F 69 z F t, o gm - I ¢;ii{i7i �EiElEg66� 0 E 04, az3 iFp t ATTESTED BY: CITY OF ASPEN, COLORADO: In Title: Date: PROFESSIONAL: i WITNESSED BY: Title: -ct= Sr:-C<j Jf'«oc Ey�f Date: � —! 3' —� C' ey PSI-971.doc Page 9 vI d MEMORANDUM TO: Mayor and City Council FROM: Rob Covington, Raw Water Hydroelectric Supervisor THRU: Phil Overeynder, Utilities & Environmental Initiatives Director DATE OF MEMO: March 1, 2010 MEETING DATE: March 8, 2010 RE: Approval of a contract between the City of Aspen and Western Summit Constructors, Inc. for the installation the Castle Creek Drain Line/Penstock and Thomas Reservoir Intake Structures. REQUEST OF COUNCIL: Staff requests a contract award to Western Summit Constructors in the amount of $2,326,726 for the purchase, installation of all materials, as well as all construction activities associated with the Castle Creek Drain Line/Penstock and Thomas Reservoir Intake Structures. The Castle project is comprised of two components, a combined 42" Penstock/Drain Line and new intake structures that together will safely convey water from Thomas Reservoir to Castle Creek. PREVIOUS COUNCIL ACTION: Council has already approved the $5.5 Million General Obligation Bond (Ordinance No. 23, series of 2008) for the design, and installation of the Castle Creek Energy Center. The public supported this project with 77.7% of voters in favor of a land exchange and financing to re -construct the pipeline and powerhouse. The 2009 budget includes appropriations for the re -construction of the drain/Penstock and intake structures. BACKGROUND: This project will supply the City's Electric Utility with approximately 8% of its power needs. The Castle Creek Drain Line/Penstock and Thomas Reservoir Intake Structures serve two main purposes. The First Purpose for the Penstock and intake is to supply an emergency drain line for the Leonard Thomas Reservoir at the City's Water Treatment Plant. This drain line will allow for the rapid evacuation of the Leonard Thomas reservoir in emergency situations. Currently, overflows from the reservoir do not have a mitigated route to the river. Due to the current level of development below the reservoir there is the potential for millions of dollars in property damage in an overflow or dam breach scenario. The second function of the Drain Line/Penstock is to supply water to the planned Castle Creek Energy Center, for the operations of a Hydro -Electric Facility. Page 1 of 3 DISCUSSION: Current engineering practices and regulatory requirements would require an adequate drain structure to be included as part of operations for the Thomas Reservoir. This deficiency was identified through the process of planning improvements for the Castle Creek hydroelectric plant. The resolution that was submitted to the electorate as part of the November 2007 ballot question identified the need to "renovate, reconstruct, and expand on these existing assets" existing assets are described in the ballot language as pipelines, water storage facilities, and head -gate structures, all of which will be included within the scope of the proposed construction project. FINANCIALBUDGET IMPACTS: The cost of the installation for this project is $2,326,726. The initial budgeted amount for this labor was $2,200,000 and this bid exceeds the estimated cost by $126,726, approximately 5.7% higher than initially estimated. The $5.5 million approved for this project allowed for $800,000 in contingencies. The initial cost estimate was put together in 2007, and the largest factor of price increase came from the highly variable price in steel. Additionally, there's approximately $400,000 in water carry forward funds from 2009 that will not be required for future expenditures. It seems that with the contingency and water carry forward funds that the $126,726, is well within scope for this portion of the project. The construction contract was bid as a "not to exceed amount", and staff feels confident the chosen contractor can complete the project for the Bid Amount. ENVIRONMENTAL IMPACTS: Switching from coal fired energy purchases from MEAN to the hydroelectric power production of the proposed Castle Creek Plant would eliminate an estimated 5,167 tons of CO2 emissions (5,500,000 kWh @ 1.879 lbs CO2/kWh) annually. This represents a 0.6 percent community -wide reduction in carbon emissions based on 2004 Greenhouse Gas Emission Inventory. RECOMMENDED ACTION: We request the council approve the expenditure of $2,326,726 for the contract with Western Summit Constructors to enable construction of the Castle Creek Drain Line/Penstock and Thomas Reservoir Intake Structures. ALTERNATIVES: The alternative to this project is to wait for construction until The City has obtained Federal Energy Regulatory Commission (FERC) permit approvals. The penstock/drain Line serves both as the conduit to proposed hydro -electric facilities, as well as an emergency drain line. The downside to waiting for FERC approvals is that the city would risk damage to properties downstream of the Thomas Reservoir along the unmitigated overflow path. This could potentially result in significant property damage. It has been the City's past practice to immediately prioritize such corrective measures for action to avoid potential liability. One example of this is the construction of a drain line for the Aspen Valley Storage Tank. PROPOSED MOTION: I move to approve Resolution # 141 #'AuF1►/;Le19I11 l Page 2 of 3 ATTACHMENTS: A. Proposal/Bid Page 3 of 3 RESOLUTION # (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND WESTERN SUMMIT CONSTRUCTORS SETTING FORTH THE TERMS AND CONDITIONS REGARDING INSTALLATION OF THE CASTLE CREEK DRAIN LINE/PENSTOCK AND THOMAS RESERVOIR INTAKE STRUCTURES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Western Summit Constructors, a copy of which agreement 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 agreement between the City of Aspen, Colorado, and Western Summit Constructors regarding installation of the Castle Creek drain line/penstock and Thomas Reservoir intake structures, 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 March 8, 2010. Kathryn S. Koch, City Clerk rrean.rw.. CONTRACT FOR CONSTRUCTION cftr n We THIS AGREEMENT, made and entered into on 16 Feb 2010 by and between the CITY OF ASPEN, Colorado, hereinafter called the "City', and Western Summit Constructors Inc. , hereinafter called the "Contractor'. WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: 42" Penstock and Thomas Reservoir Intake Structures , and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Two Million three Hundred Twentv-Six Thousand Seven Hundred and Twenty Six Dollars and no cents ($ 2,326,726.00 ) DOLLARS or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. M-971.doc Page 2 •"cc1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: RECOMMENDED FOR APPROVAL: City Engineering Department ATTESTED BY: Kar D. Calabro, Assistant Secretary CITY OF ASPEN, COLORADO By: Title: APPROVED AS TO FORM: M City Attorney CONTRACTOR: By: erry Carl and Title: President Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF COLORADO ) SS. COUNTY OF ADAMS On this 19th day of February 2010 Ica, before me appeared Terry J. Carlsgaard and Karen D. Calabro , to me personally known, who, being by me first duly sworn, did say that s/he is President & Assistant secretary of Western Summit Constructors, Inc. and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. Notary Public Public Rhonda Gruber 5470 Valley Highway, Denver, CO 80216 Address My commission expires: 7/16/2011 OOTARY CC1-971.doc Page •'CC1 BPI-971 CASTLE CREEK ENERGY CENTER CONTRACT#1 42 " PENSTOCK AND THOMAS RESERVOIR INTAKE STRUCTURE 3-3-55 PROPOSAL TO: CITY OF ASPEN 130 S. GALENA Aspen, Colorado 81611 PROJECT: 42 " PENSTOCK AND THOMAS RESERVOIR INTAKE STRUCTURE Receipt of Addendum NQs. i is hereby acknowledged. A. PROPOSAL: The undersigned Bidder for the above named project, and being familiar with all contractual requirements, hereby proposes to furnish all labor, furnish (except those items specifically listed to be furnished by the Owner) and install materials, tools, supplies, equipment, plant, transportation, services, permits and all other things necessary for the completion of the contractual work and pay all taxes, and perform the work in accordance with the requirements and intent of the Contract Documents, including Drawings and Specifications, within the time of completion set forth herein, for and in consideration of the following unit and lump sum prices: SCHEDULE "A"-42" PENSTOCK ALTERNATIVE 1- 42" WELDED STEEL Item Amount # Description Approximate Quantity, and Unit Price of Bid 1.1A Pipeline Installation 42" Welded Steel Includes furnishing (except where specifically noted otherwise) and handling all required equipment and materials, utility corridor preparation, locating existing pipelines and utilities, all excavation, de - watering, pipe installation, support of all existing utilities, couplings, pipe restraint devices, imported bedding -zone and pipe -zone backfill material, compacted backfill (see Special Construction Provisions), flushing, testing, temporary and permanent plugs, adapters, reducers, corrosion protection, anodes (design and installation), restraint systems not included in fittings, welding, weld testing/certification, interior 00400-1 03-3.56-0=2010 , Item # Description Aooroximate Quantity, and Unit Price and exterior epoxy coatings and sealants, location tape, line locates, potholing, all erosion and drainage control per the attached plan, marking tape, removal and replacement of all existing fences, gates, and culverts, replacement of all gravel roads and paths, coordination with other projects and phases, and includes other items not listed elsewhere in this Proposal, and other items as needed to complete the system as shown on the drawings and as specified, except those items specifically listed hereinafter in the Proposal, at the unit price per lineal foot of pipeline in place, measured from end of pipe or center of fittings: a. 42-inch Welded Steel Pipe, 3 783± I.f. @: (tNords —Unit Price) $_(Figures) 1.1 B Steel Waterline Fittings Includes design of restraint system, furnishing, handling, and installation of pipeline fittings, as detailed on the Drawings, or as required by field changes, the unit price over and above the costs of water pipelines. 1AC a. 42-inch bends all angles w/ restraint systems 40 each D-SA ?Words — nit Price) Amount of Bid $/_ (Total) $ Rll/,G,W $ dh713,,tV (Figures) (Total) Steel Waterline Access Port.: Includes supplying and installing an access port on the Steel Pipe including a 42" X 42" tee in the main line, blind flange, SS bolts, 6' Dia Manhole sections, lid, supports, and access hatch and other items as shown on the attached drawing. The access port and all restraint systems required, furnishing, handling, and installation of all pipeline fittings per the attached drawing, the unit price over and above the costs of water pipelines. Access ports will be located per the engineer in the field. 03-3.55-021312oio 00400-2 Item Amount # Description Aooroximate Quantity, and Unit Price of Bid a. 42-inch Steel Access Port w/ fittings and restraint systems 3 each @: (Words — Unit Price) (Figures) (Total) TOTAL ALTERNATIVE 1 — 42" Welded Steel Pipe $ ND ,g d Total ALTERNATIVE 2-42" Restrained Joint Ductile Iron Pipe 1.2A. Pipeline Installation 42" RJDIP Includes furnishing (except where specifically noted otherwise) and handling all required equipment and materials, utility corridor preparation, locating existing pipelines and utilities, all excavation, de -watering, pipe installation, support of all existing utilities, couplings, pipe restraint devices, imported bedding -zone and pipe -zone backfill material, compacted backfill (see Special Construction Provisions), flushing, testing, temporary and permanent plugs, adapters, reducers, pipe bends and restraint systems, location tape, line locates, potholing, coordination with other projects and phases, all erosion and drainage control, removal and replacement of all existing fences, gates, and culverts, replacement of all gravel roads and paths, per the attached plan, marking tape, and includes other items not listed elsewhere in this proposal, and other items as needed to complete the system as shown on the drawings and as specified, except those items specifically listed hereinafter in the Proposal, at the unit price per lineal foot of pipeline in place, measured from end of pipe or center of fittings: a. 42-inch Retrained Joint DIP, 3,783t i.f. @: f1✓rl_� Sysa� - rsri%/� n ztl $ 27H. on $ 031 (Words — Unit Price) ho -e*A (Figures) Total 00400-3 03-3.55-0202010 Item Amount # Description Approximate Quantity, and Unit Price of Bid 1.213. DIP Restrained Joint Waterline Fittings Includes furnishing, handling, and installation of pipeline fittings, as detailed on the Drawings, or as required by field changes, the unit price over and above the costs of water pipelines. a. 42-inch Restrained Joint bends all angles w/ restraint systems 40 each @: 0 � 7'c�o ilay5ayd�r/rve-/ay.olved q /lr-,_ $ ;?%-COb_0D $ fOU, ovo.aa (Words - Unit Price) A—V no WIJ4Fi96res) QTotal) 1.2C. DIP Waterline Access Port. Includes supplying and installing an access port on the DIP Pipe including a 42" X 42" RJ tee in the main line, blind flange, SS bolts, 6' Dia Manhole sections, lid, supports, and access hatch and other items as shown on the attached drawing. The access port and all restraint systems required, furnishing, handling, and installation of all pipeline fittings per the attached drawing, the unit price over and above the costs of water pipelines. Access ports will be located per the engineer in the field. a. 42-inch RJDIP Access Port w/ fittings and restraint systems 3.��l1each @ )) s/ / TL✓e�i /P OVS.iN Q, //!/YG HfiHPi t0/ IL y- V'_of//eee/s$2O53z`i.0o $ 60�972"66 (Words'— Unit Price) (Figures) (Total) TOTAL ALTERNATIVE 2 — 42" Restrained Joint Ductile $ //97, r/� oc5 Iron Pipe Total 2. Pipeline Installation HDPE and Conduits Includes furnishing (except where specifically noted otherwise) and handling all required equipment and materials, utility corridor preparation, locating existing pipelines and utilities, all excavation, de - watering, pipe installation, support of all existing utilities, couplings, pipe restraint devices, imported bedding -zone and pipe -zone backfill material, compacted backfill (see Special Construction Provisions), marking tape, connections to 00400-4 03J.55-02/012010 Item # Description. Approximate Quantity, and Unit Price existing system, testing, temporary and permanent plugs, adapters, reducers and includes other items not listed elsewhere in this proposal, clean-up and other items as needed to complete the system as shown on the drawings and as specified, except those items specifically listed hereinafter in the Proposal, at the unit price per lineal foot of pipeline in place, measured from end of pipe or center of fittings: a. 4-inch HDPE Pipe, �� 3,200i l.f. @: ��ly a/v/lers �d no Czi-A $ aboo (Words — Unit Price) (Figures) b. 6-inch Elec Sch 40 Conduits (INSTALLATION ONLY materials supplied by COA) 8,935t I.f. @: 12irtit c%/leis a, / k7V eZ4A $ 3.06 (Words — Unit Price) (Figures) C. 2-inch, Elec Sch 40 Conduits (INSTALLATION ONLY materials supplied by COA) 4,327t l.f. @: (Words — Unit Price) (Figures) 3. Electric Control Vaults. 7' square (OS Dia) (6'X6' ID) ( INSTALLATION ONLY — materials supplied by COAL — 4 foot deep buried concrete electrical vault with ring cover and "COA Elec" (stamped) access lid for pulling and repair of control and electrical lines from Energy Center to Intake, includes, vault , ring, cover, lid, mule tape, grouting of conduits, and all other items required to install and meet COA elec requirements, 14 each @: Amount of Bid $ GNboo.no (Total) $ z 4, g os. bo (Total) ! toy Z(nr�OS• w""' r_s )s4�"O P I, kv e' 7iv\j r Ar- AMAS wel. Pyve-Aviul�S4,eol v $ %D. DD $ /� 380.00 (Words — Unit Price) aWlArs ,-,,a (Figures) otal) 00400-5 O3-3.55-02/3/2010 Item . Amount # Description. Approximate Quantity. and Unit Price of Bid 4. Traffic Control. All traffic. control required for all road, trail, and pedestrian/bike path crossing, work in Doolittle Drive, Castel Creek Road, and all other areas that require Traffic Control 30 Days @unit price per day: hZyJ7uh�%e� r�i��Ot AIA,S4.'V $ 2SZO-Do $ 76W.yv (Words — Unit Price) ro cak.Is. (Figures) (Total) 5. Mobilization. All cost to mobilize all equipment, materials, office, storage, and staff to the job site Lump Sum @: 67111• X-S;eW-, / a'n",,s &,,,' $ 87Poo go $ 0 % boo.,pry (Words — Unit Price) -7,q ce.�A, (Figures) (Total) 6. Imported Structural Material. Includes furnishing, and placing imported Structural Fill material for replacement of unstable trench backfill material, when required and authorized by the Engineer, the unit price per cubic yard In place, 3 00 cubic yards (estimated quantity for comparative bid purposes only) at: 1[�� - rt/�-�s.� .✓ h0 CN-s._�5. $ 2/`j.ph $ D . Db (Words — Unit Price) (Figures) Total) 7. Imported Concrete Rock Aoarecate. Includes furnishing, and placing imported concrete rock aggregate bedding material for replacement of unstable trench foundation, including the extra excavation required, when authorized by the Engineer, the unit price per cubic yard in place, 300 cubic yards (estimated quantity for comparative bid purposes only) at: 00400-6 03-3.65421312010 Item Amount # Description. Approximate Quantity, and Unit Price of Bid 1*1 0 10. 5&4V A.-ec ,✓ // z. go 3. OD (Word — Unit Price) (Figures) GRAVEL ROAD REPLACEMENT: Including cutting, removing, and disposing of asphalt required for the installation of the water line, connections to existing system, and all other requirements of this project, and furnishing, handling, and installing, all equipment and materials, all excavation. Disposal of excess materials, replacement of top 3" of roadbase and road prep for all work shown on these drawings per COA requirements, 500 tons at per ton: $ / 900. ov otal) 14„ / �v `Dh,� czyil�e. s aNd .moo $ /yo $ tS; sop. o v (Words'— Unit Price Per ton) lekfS (Figures) (Total) ASPHALT REPLACEMENT: Including cutting, removing, disposing, prepping, providing, and installing asphalt required for the installation of the water line, sewer manholes, connections to existing system, and all other requirements of this project, and furnishing, handling, and installing, all equipment and materials, all excavation. Disposal of excess materials, replacement of top 6" of roadbase under asphalt, and replacement of 4" of asphalt, fabric, and road prep for all work shown on these drawings and per the City of Aspen Road Permits and Standards, 500 tons at per ton: 07 i liYh i!re c✓ &i' d%la ✓S tr �d 06 $ SZ t • c� c (Words — Unit Price Per ton) r7o 2er4Figures) ( Reveoetation. Supplying all labor and materials to finalize grading and revegetate all disturbed areas during the construction of the 42" Penstock, Electrical Conduits, Intake, and all other areas disturbed. Revegetation per the specifications and Revegetation Plan (sheets( 25 to 27 ) provided for the Lump Sum Price of: 00400-7 033.65-02U2010 Item 11. 12 13. 14. Amount Description, Approximate uanti and Unit Price of Bid �je Jw.,,-1 •a .54 / rvsn.e,.d 06'/ n $ IO�aiDDb•oD (Words - Lump Sum Price) (Total) Irrigation Meter Vault. Supplying all labor and materials to install a new meter vault on the existing irrigation line at stat 33+93p, Included 4" tee, solid sleeves, 2- 4" GV's, 4" meter, misc 4" piping, 4" DIP to 4" HDPE couplings, 4" Dia Manhole with lid, ring and cover, (WATER), and all other items required for the meter vault, tap, and connection to the HDPE irrigation line, provided for the Lump Sum Price of A$h &XINae. d2Y«Lt3 Cvr, r✓ ha e4e-A $ /d4 '900' PD (Words - Lump Sum Price) (Total) Rock Excavation, excavation of rock in pipe trench over and above the normal cost of earth excavation at the specified pay trench width and depth, removal and disposal of excavated rock off the site, 100 cubic yards (estimated quantity for comparative bid purposes only) at: DHt %aVisejrGd �jiii�v-ia�rr� /r�f'S ad $ • OD UPS (Words - Unit Price) T-- Ha 6eKA (Figures) Erosion Control and Drainage. Supplying all labor and materials to install and maintain all erosion control and drainage requirements in all areas during the construction of the 42" Penstock, Electrical Conduits, Intake, and all other areas of the contract per the Erosion Control and Drainage Specifications and Plan and per the City of Aspen Erosion and Control Standards (sheets( 28 to 30 ) provided for the Lump Sum Price of -lli 1 e f%,ozs� 2 91/d•rc arm /iD 4r"*, $ 3%DbO.OD (Words - Lump Sum Price) Material Testing. Supplying all labor and materials to provided all testing required by the contract documents, include all concrete sampling and testing for slump, air, strength and compression testing, and other typical concrete testing, all soils compaction testing including, soil samples for creation of standard proctors, compaction tests. All test to meet STM, AWWA, AASHTO, CDOT (2005 Standards for 010.5&02i!/2010 Item Amount it Description. Approximate Quantity. and Unit Price of Bid 15. fim 17 Road and. Bridge Construction), COA road standards, all tests required to -guard against unsuitable materials or defective workmanship, and other testing pr Special Conditions Section 17 "Material Testing and Certificates' for the Lump Sum Price of Avt-k-mi,- -/66/14's Ao..d 'fop ee�� (Words- Lump Sum Price) Removal and Replacement of Security Fence: Includes furnishing all labor and materials to remove the existing security fence in the area around the Intake Structure an Meter Vault including fence and posts. Replacing Security Fence along the alignment shown on the drawings and as directed by the GOA, including the providing and installation of the new access gate on top of the new Intake Structure per the drawings. 400, LF (estimated quantity for comparative bid purposes only) at per LF. yy DsA YOU 7114 ?)V -5/�c $ G.Ob (Words - Unit rice) (Figures) Cut -Off Trenches: Includes furnishing all additional labor and materials to install clay Cut-off Trenches in the typical pipe trench as detailed in the trench section on the Vault and Pipe Detail sheet in addition to the normal pipe trench requirements as detailed in Item 1 and 1A. To be installed per the drawing or engineers discretion. 20 ea (estimated quantity for comparative bid purposes only) at per each. $ .? 1, DOD- 00 (Total) $ ZZ t1,9C).OD (Total) bav 7'td95w,o�,l7VC %r%rvrr�iLA IdA-.s $ 2. 5-0e>- 5o,vco-at, (Words - Unit Price) sts.d Ho r (Figures) �- (TotelyA- - Thomas Reservoir Intake Structure. Supplying all labor and materials to layout and construction of concrete super structure excavation and backfill, retaining walls, roof, doors, and all other architectural features of the new Energy Center intake structure and metering vault, installation of all equipment including all piping, meters, valves, sluice gates and operators, hatches, screens, stairs, ladders, doors, 0&&65-02/3/2010 Item # Description. Approximate Quantity, and Unit Price HVAC and all other items required for the intake and meter vault, coordination with COA electrical and controls contractors, (Controls by COA), testing and operation of all installed equipment Including all other construction as shown on drawings, including all 6" and 42" piping as shown on the drawings to — 5' outside structure, including 4" drain line to daylight, ballards, connections to - Penstock piping, dewatering for meter vault and intake structure in Reservoir, coordination with COA on Reservoir draining, cut off walls, and all other required items; installation and testing of all interior and exterior piping and piping appurtenances, and all other items needed to complete the working installation of intake and meter vault as detailed and specified on the drawings and in the specifications, for the Lump Sum price of: PiYC /uvrdre v""_ 1 itwd rw Ce.J�. (Words — Lump Sum Price) BID PROPOSAL TOTALS Schedule "A" 42"PENSTOCK Amount of Bid $ S 77L avv. 00 (Total) Alternative 1 - 42" Welded Steel — Total Items 1.1A-16, $ 41p 13, excluding 1.1A,1.1B, and 1.1C (Total) $w Alternative 2- 42" Restrained Joint DIP —Total Items (To al) 1.2A, 1.2B, 1.2C, and 2-16 $ S'771mb. cx> Schedule "B" — Thomas Reservoir Intake Structure (Total) 00400-10 033.5"2/312010 Item # Description. Approximate Quantity, and Unit Price TOTAL SCHEDULEs "A" & `B" Alt 1 Stee/ TOTAL SCHEDULEs "A" & `B" Alt 2 DIP Amount 2 Bid $ "VP $' ;/ Total $ 43ZG,7Z -00 Total I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer: Douglas Joel Arnold —,Title,: Vice President Full name signature: Companyaddress: Western Summit Constructors, Inc. 5470 Valley Highway Denver, CO 80216 State of Incorporation: New Mexico Telephone number: (303) 296-9500 Fax number: (303) 298-9501 Attested by: JG Kare�abro, Assistant Secretary 00400-11 00-3.56.02n MO Travelers 105393439 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Thatwe, the undersigned, as, Western Summit Constructors In having a legal business nn p a sine address at 5470 Valley Highway Denver, CO 80216 a Corporation as Principal, hereinafter called "Principal", and oryu m,, Pammmip. a H ua Travelers Casualty and Surety COmnany of America a One Tower Square 4CR Hartford, CT 06183-7340 a corporation organized under the laws of the State of. Connecticut . and qualified to transact business in the State of Colorado, hereinafter called "Surety", are held and firmly bound unto the City of Aspen, a Colorado home rule municipality, as Obligee, hereinafter called "City", in the amount of. Two Million Three Hundred Twenty Six Thousand Seven Hundred 'twenty Six Dollars and Nn/tnn*****************($2.326,726), in lawful money of the United States for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly unto these present WHEREAS, Principal has by written agreement dated February_16 .2010, entered into a contract with City for Castle Creek Energy Center -42" Pipeline and Thomas Reservoir Intake Structures in accordance with the Contract Documents which Contract Documents is by reference made a part hereof, and is hereinafter referred to as the Contract NOW, THEREFORE, if Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract during the original tern thereof, and any, extensions thereof which may be granted by the City, with or without notice to the Surety and during the guaranty period, and if Principal shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then this obligation shall be void; otherwise It shall remain in full force and effect The Surety hereby waives notice of any alteration or extension of time made by the City Whenever Principal shall be, and declared by City to be in default under the Contract, the City having performed City's obligation hereunder, the Surety may promptly remedy the default or shall promptly: (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and Surety Jointly of the lowest responsible bidder, arrange for a contract between such bidder and City, and make available as work progresses (even though there should be a default or succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by City to Principal under the Contract and any amendments thereto, less the amount properly paid by City to Principal. P131-971.doc "" 13131 Page 1 (3) Any contract or succession of contracts entered into hereunder for the completion of the Contract, shall also be subject to this bond as part of the original Contract obligations. This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26- 106, C.R.S., as amended. This bond, as a penalty and indemnification bond, shall also entitle City to recover as part of the completion of the Contract or the payment of any labor or material costs hereunder, actual and consequential damages, liquidated and unliquidated damages, costs, reasonable attorneys fees and expert witness fees, including, without limitations, the fees of engineering or architectural consultants. Surety, for value received, hereby stipulates and agrees that to indemnify and save harmless the City to the extent of any and all payments in connection with the carrying out of the contract which the City may be required to make under the law by any reason of such failure or default of the Principal. Further, Surety and Principal shall protect, defend, indemnify and save harmless the City's officers, agents, servants, and employees from and against all claims and actions and all expenses incidental to the defense of such claims or actions, based upon or arising out of injuries or death of persons or damage to property caused by, or sustained in connection with, this Contract by conditions created thereby, and on request of the City will assume the defense of any claim or action brought against the City. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the employees, agents, administrators or successors of City. SIGNED AND SEALED this 19 th day of F h y 2010. PRINCIPAL: Western Summit Constructors, Inc. (seal) By: Attest 6 Ter C sgaard faren D. Calabro Title: P ident Assistant Secretary NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety to include the date of the bond. (Date of Bond must not be prior to date of Contract.) If Principal is Partnership, all partners should execute Bond. PB1-971.doc " PB1 Page 2 Travelers 105393439 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, Western Summit Constructors, Inc. having a legal business addressat 5470 Valley Highway �j4 nvera. Co 80216 a Corporation as Principal, hereinafter called "Principal", and (CoMmflon, vaitnmfffp. w n ua Travelers Casualty and Surety Company of America ure s me) 'One Tower Square 4CR Hartford CT 06183-7340 6 fe56 a corporation organized under the laws of the State of Connecticut and qualified to transact business in the State of Colorado, hereinafter piled "Surety", are held and firmly bound unto the City of Aspen, a Colorado home rule municipality, as Obligee, hereinafter called "City", in the amount of : Two Million Three Hundred Twenty Six Thousand Seven Hundred Twenty Six Dollars & N01100***************** ($2.326,726 ), in lawful money of the United States for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly unto these present. WHEREAS, Principal has by written agreement dated February 16 2010, entered into a contract with the City for a project entitled: Castle Creek Energy Center — 42" Pipeline and Thomas Reservoir Intake Structures (project no.2009-108) in accordance with the Contract Documents which Contract Documents is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants hereinafter defined, for all labor and material used or reasonably required for the use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A Claimant is defined as having a direct contract with the Principal or with subcontractor of the Principal for labor, material, or both, used or reasonably required for the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract. 2. The above -name Principal and Surety hereby jointly and severally agree with the City that every claimant as herein defined who has not been paid in full before the expiration of ninety (90) days after the date on which the last of such claimants work or labor was done or performed or materials were furnished by such claimant, may sue on this bond for use of such sums as may be justly due claimant, and have execution thereon. The City shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall commence hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal shall have given written notice to any of the following: The Principal, the City, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the material for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work of labor was done or performed. Such notice shall be served by mailing the same registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, City or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Colorado. YB1-971.doc 'NB1 Page: 1 (b) After the expiration of one (1) year following the data on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state of competent jurisdiction in and for the County of Pitkin, State of Colorado. 4. The amount of this Bond shall be reduced to the extent of any payment or payments made hereunder, inclusive of the payment by surety of liens or claims which may be filed of record against the improvement(s), whether or not claim for the amount of such lien be presented under and against this Bond. 5. This Bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26- 105, C.R.S., as amended. 6. No final settlement between the City and Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. SIGNED AND SEALED this 19 th day of February 2010. PRINCIPAL: Western Summit Constructors, Inoeal) By: Attest:( Terrre�y a s9aar Karen D. Calabro Title: PreVident Assistant Secretary Travelers Casualty and Surety Company of America (seal) � Attes� C milletti Patricia E. O' eary Attorney -in -Fact NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bond. (Date of Bond must not be prior to date of Contract). If Principal is a Partnership, all partners should execute Bond. Y61-971.doc "Y31 Page:2 Travelers 105393439 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as western Summit Constructors, Inc. ,of Denver. CO as Principal, hereinafter referred to as "Principal", and Travelers Casualty and Surety Company of America a corporation organized under the laws of the State of Connecticut , and qualified to transact business in the State of Colorado, as "Surety' are held and firmly bound unto the City of Aspen, Colorado, as obligee, hereinafter referred to as "City," in the penal sum of: Two Million Three Hundred Twenty Six Thousand Dollars ($ 2.326.726.00 ), lawful money of the United States of America, for the Payment o which sum, well and truly to be made to the City, we bind ourselves, and our heirs, executors, administrators, successors, and assignees, jointly and severally, by these presents: WHEREAS, said Principal has entered into a written Contract with the obligee dated February 16, 2010, for furnishing all equipment, labor, tools and materials for. Castle Creek Energy Center -42" Pipeline and Thomas Reservoir Intake Structures in accordance with detailed plans and specifications on file in the office of the City Clerk of said City, a copy of which Contract is attached hereto and made a part hereof. NOW THEREFORE, The conditions of the foregoing obligations are such that if the said Principal shall well and truly perform all the covenants and conditions of this Contract on the part of said Principal to be performed, and repair or replace all defects for a period of two year(s) as provided herein, and protect and save harmless the City of Aspen, Colorado, from all loss and damages to life or property suffered or sustained by any person, firm or corporation, caused by said Principal or his agents or his employees, in the performance of said work, or by, or in consequence of any negligence, carelessness, or misconduct in guarding and protecting same, or from any improper or defective equipment or materials used in the work or other damages, costs and expenses and set forth in such Contracts, then this obligation shall be void otherwise to remain in full force and effect in law. This Bond guarantees that the material and equipment furnished and used, and workmanship employed in the performance of the work described in this Contract will be of such character and quality as to insure it to be free from all defects and in continuous good order and in a condition satisfactory to the Governing Body of the City of Aspen for a period of two year(s) from the date of the issuance of the Certificate of Completion. This Bond guarantees that the said Principal will keep and maintain the subject work without additional charge or cost to the City of a period specified, and make such repairs or replacement of any defective construction as the City may deem necessary. Dollars MBt-971.doc —MB1 Page: 1 The said Principal shall not be required to maintain any part of the improvement under this guarantee which, after its completion and acceptance shall have been removed or altered by the City or its agent SIGNED AND SEALED this 19th dayof February .2010. PRINCIPAL: Western Summit Constructors. Inc. (seal / By: f Attest: Terr Car gaard aren D. Calabro Title: Prprz;rlant Assistant Secretary SURETY Travelers Casualty and Surety Company of Am (seal) By: Attest ody L. amilletti Patricia E. O'Lefyj Title: Attoreny-in-Fact v (Accompany this bond with cerified copy of General Power of Attorney from the Surety Company to include the date of the bond.) MB1-971.doc "MB1 Page: 2 ,gIlk. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 222123 Certificate No. 003489503 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the St;[e of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Jody L. Camilletti, and Patricia E. O'Leary of the City of Steamboat Springs , State of Colorado , their true and lawful Atmmey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February 2010 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 11 th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ��yyy4p'1p'„,YlC �Om �OtM-NSG9f ao �S 4Q,e PG99 am �� {iy� < 1983 O �vatttfa t;rPw f'.,n 4 eN1IWRD, NlNnbn. 7 t 1651 SEALio g ,p � 0 "RwucE State of Connecticut City of Hartford ss. By: Georg Thompson, tr lice President On this the llth day of February 2010 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TET In Witness Whereof, I hereunto set my baud and official seal. � My Commission expires the 30th day of June, 2011. * IWIlL\�� Marie C. Tetreaulq Notary Public 58440-4-09 Printed in U.S.A. INVALID WITHOUT THE RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority in one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United mitts Fidelo and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is uFfull force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and a0sted the seals of said Companies this -� day of , 20 L. Kori M. Johan Assistant Secretary pI.l41E' F\PE6 OvIM.�\4 pi IMtN9. 'Pv\ ENO• 1rA WrIY "4 °!' 6 n ■Wlsalgl® �,(oP.at9rAA diwpyoter 9 "N! qn�u� o 19%i p 1f14 — is r* xu00 ttt�wm SEAL j'e �SBELj'z° Og tA�• � ,��p7 sh To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.Uavelenbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS CERTIFICATE OF INSURANCE Date: 2/23/10 PRODUCER (970)-870-0749 Fax: (970)-870-0548 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO Contractor Insights LLC RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND PO Box 774987 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Steamboat Springs, CO 80477-4987 COMPANIES AFFORDING COVERAGE Western Summit Constructors, Inc. COMPANYLETTERA Zurich America Insurance Company COMPANY LETTER B American Guarantee & Liability Insurance Company 5470 Valley Highway COMPANY LETTER c TBD Denver, CO 80216 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEROD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR ML OF INSURANCE POUCYNUMBEB EFFECTIVE EXPIRATION LIMITS DATE DATE A GENERAL LIABILITY GENERAL AGGREGATE $10,000,000 XCOMMERCIAL GENERAL PRODUCTS-COMP/OP AGO. $10,000,000 _CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $5,000,000 —OWNER &CONTRACTOR OLD 4641069 03/01/2008 03/01/2010 EACH OCCURRENCE $5,000,000 PROTECTIVE FIRE DAMAGE(ED Occurrence) $5,000,000 X XCU MED EXPENSE (Any I person) $5,000 X CONTRACT LIABILITY GENT, AGO LIMIT APPLIES PER X PROJECT A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $5,000,000 x ANY AUTO OR ALL OWNED AUTOS BAP 4641070 03/01/2008 03/01/2010 BODILY INJURY (Per person) _SCHEDULEDAUTOS _HIRED AUTOS BODILY INJURY (Per accident) _NON -OWNED AUTOS PROPERTY DAMAGE B EXCESS LIABILITY AUC 9141395 03/01/2008 03/01/2010 EACH OCCURRENCE $15,000,000 OCCUR CLAIMS MADE AEC 5965269 03/Ol/2008 03/01/2010 AGGREGATE $15,000,000 DEDUCTIBLE $ RETENTION $ A WORKERS -COMPENSATION EWS4641067 03/01/2008 03/01/2010 AND EMPLOYER'S LIABILITY EWS4641068 03/01/2008 03/01/2010 XWC Statutory limits EL EACH ACCIDENT $2,0001000 EL DISEASE -EACH EMPLOYEE $2,000,000 EL DISEASE -POLICY LIMIT S2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSfVEHICLES/SPECIAL Job No. 350012: Castle Creek Energy Center 42" Penstock and Intake Structures. When required by written contract, certificate holder is additional insured except on worker comp, policies are primary, non-contributory, allow severability and permit waiver of subrogation. CERTIFICATE HOLDER CANCELLATION Should any of the above described policies be canceled before the expiration date thereof, the issuing City of Aspen company will mail 30 days written notice to the certificate holder named to the left. 130 S. Galena Street Authorized Representative Aspen, CO 81611 CERTIFICATE OF INSURANCE 2/23/2010 PROD UCER (970)-870-0749 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO Contractor Insights LLC RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND PO Box 774987 OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Steamboat Springs, CO 804774987 COMPANIES AFFORDING COVERAGE Fax: 970-870-0548 COMPANY LETTER A Zurich America Insurance Company Western Summit Constructors, Inc. COMPANY LETTER B American Guarantee & Liability Insurance Company 5470 Valley Highway COMPANYLETTERC TBD Denver, CO 80487 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR MC OF MSOPANCIE POLICY NUMBER FFPFC O`E 6,31MTION LIMr15 OATS BATE A GENERAL LIABILITY GENERAL AGGREGATE $10,000,000 X COMMERCIAL GENERAL PRODUCTS-COMP/OP AGG. $10,000,000 CLAIMS MADE OCCUR PERSONAL & ADV INJURY $5,000,000 _OWNER &CONTRACTOR GLO 4641069 03/01/2010 03/012013 EACH OCCURRENCE $5000,000 PROTECTIVE FIRE DAMAGE (Ea Occurrence) $5,000,000 X_XCU MED EXPENSE (Any I person) $5,000 X CONTRACT LIABILITY Gen'I Aggregate limit applies per: X Project A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $5,000,000 x ANY AUTO OR _ALL OWNED AUTOS BAP 4641070 03/012010 03/012013 BODILY INJURY (Per person) SCHEDULEDAUTOS _HIRED AUTOS BODILY INJURY (Per accident) -OWNED AUTOS _NON _GARAGE LIABILITY PROPERTY DAMAGE B EXCESS LIABILITY AUC 9141395 03/012010 03/01/2013 EACH OCCURRENCE $5,000,000Occur Claims Made AGGREGATE $5,000,000 Deductible Retention $ A WORKERS'COMPENSATION X❑WC Shammy limits ❑ Other AND EMPLOYER'S LIABILITY EWS 4641067 03/012010 03/012013 EACH ACCIDENT $2,000,000 DISEASE -POLICY LIMIT $2,000,000 EWS 4641069 DISEASE -EACH EMPLOYEE $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Job No. 350012: Castle Creek Energy Center 42" Penstock and Intake Structures. When required by written contract, certificate holder is additional insured except on worker comp, policies are primary, non-contributory, allow severability and permit waiver of subrogation. CERTIFICATE HOLDER CANCELLATION City of Aspen Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named to the left. 130 S. Galena Street Aspen, CO 81611 Authonzed Representative MARSH CERTIFICATE OF INSURANCE ov=,/2o;o""°DIM 1576`175 ATE NUMBER PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Marsh USA Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. P.O. Box 419105 Kansas City, MO 64141-6105 Attn: CSS Ph: 816-556-4290 Fx: 816-556-4299 COMPANIES AFFORDING COVERAGE INSURED COMPANYA: Lexington Insurance Company COMPANY B: Western Summit Constructors, Inc 5470 Valley Highway Denver, CO 80216 COMPANY C: COMPANY D: COMPAMY E: COVERAGES This certificate supersedes and replaces any previouslyissued certificate for the policy period noted below. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD)YY DATE MM/DDIYY LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE1:1 OCCUR PERSONAL s ADV. INJURY $ EACH OCCURRENCE $ OWNER'S s CONTRACTOR'S PROT FIRE DAMAGE (Any one fire $ MED EXP (Any oneperson) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY Per Person $ BODILYamid JURY PerauJdent $ SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY. ANY AUTO EACHACCIDENT $ $ AGGREGATE EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND X rCRYL oER E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY E.L. DISEASE -POLICY LIMIT $ THE PROPRIETOR) INCL E.L. DISEASE -EA EMPLOYEE $ PARTNERSIEXECUTIVE OFFICERS ARE... EXCL OTHER 'all nsk' including Flood and EadhAueke A Builders Risk 21437953 04/22/10 10/01/2010 Contract Value $2,326,726.00 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES)SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) Coverages and amounts shown above along with the naming of certificate holder as an additional insured with a waiver of subrogation shall apply to the extent required by written contracts between the insured and the certificate holder OEt;ftFlCAiE.HOtDEfi''' ii .. .. CANCF1tX7ION, City of Aspen SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE 130 South Galena Street THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO Aspen, CO 81611 THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OF LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. MARSH USA INC. eiC A >1tSU/ it ri InXu•7r1/a/rol��cA� Coan�GHl{eet9ie ev: iMMtlalaal VA60 AS OF; :!JananjU.M o Zitich American Insurance Company POLICY NUMBER BAP 4641070 06 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this en- dorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Endorsement Effective: 3-01-2009 Countersigned By: Named Insured: . j TIC The Industrial CompanyV ��' Authorized Rc reswUtive SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED, THROUGH WRITTEN CONTRACT, AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE PRIMARY ADDITIONAL INSURED COVERAGE. (Ifno entry appears above, information required to complete this endorsement will be shown in the Declarations as applica- ble to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the e)dent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 O AGEM COPY POLICY NUMBER: GLO 4641069 COMMERCIAL GENERAL LIABILITY C G 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED, THROUGH WRITTEN CONTRACT, AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE ADDITIONAL INSURED COVERAGE. SCHEDULE if not A. Section II — Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury', 'property damage' or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional Insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury' or "property damage' occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ INSN COPY site MEMORANDUM TO: Mayor and Council FROM: Steve Bossart, Capital Asset Project Manager THRU: Scott Miller, Capital Asset Director DATE: February 22, 2010 MEETING DATE: March 8, 2010 RE: Wheeler 21" Century Master Plan — Needs Assessment Consulting Contract SUMMARY: In January 2009, City Council directed Wheeler and Capital Asset staff to continue conceptual planning for a proposed addition to the historic Wheeler Opera House as described in the Wheeler 2 1 " Century Master Plan. FMG Architecture was contracted to produce preliminary designs based on programming needs determined by earlier research. However, at the December 7, 2009, meeting of City Council, this work was suspended and Council directed Wheeler and City staff to conduct a comprehensive, third -party needs assessment at the earliest opportunity. An RFP was released in January. Twelve proposals were received. The selection committee reviewed the proposals based on the criteria outlined below, and Webb Management Services was unanimously selected as the firm Wheeler/City staff would recommend to receive the contract for this service. Staff is requesting council's approval of the attached contract for $50,000; approval of a 15% ($7,500) contract contingency, if needed; and approval of $17,000 of Wheeler funds to cover the cost of Asset Management staff time in managing this contract and performing other Wheeler capital planning duties over the next several months. PREVIOUS COUNCIL ACTION: Council authorized preliminary design and planning work towards obtaining project approvals. At the end of the Wheeler/City staff presentation on the 21st Century Master Plan's progress at the December 7, 2009 City Council meeting, Council requested a third party needs assessment including but not limited to: Cultural and physical needs assessment of the Wheeler Opera House and the other community performing arts venues. Determination of whether market demands would support supplemental space to sustain cultural programming. Consideration and prioritization of various proposed sites to accommodate the space demands . BACKGROUND: In the fall of 2008, the Wheeler interviewed and selected an architectural/theatre design team to develop and test initial program solutions. In February 2009, staff and design team met with a variety of local performing arts groups to revisit findings from past needs assessments and to determine demand for space and program in a prospective expansion. The design team worked through several iterations of a conceptual design, which over the course of several meetings through spring and summer 2009, both Planning and Zoning Commission and the Historical Preservation Committee approved and forwarded to Council for further review. In December 2009 City Council asked for an up-to-date third -party needs assessment, examining a potential expansion's users and uses, financial analysis, and alternate site investigation. DISCUSSION: Wheeler management, the City Manager's office, and Capital Asset staff felt it very important that the needs assessment team possess very specific experience related to performing arts facilities, historical renovation, and usage profile in a resort community. A Request for Proposal was issued in early 2010 and generated 12 respondents. A review committee consisting of Wheeler Executive Director Gram Slaton, Assistant City Manager Randy Ready, and City Asset Management personnel (Scott Miller and Steve Bossart), was convened to review the applicants. After lengthy discussion and critical review, Webb Management Services Inc. of New York City was selected as the best fit for the project with the most relevant comparable experience. Webb will utilize additional local Aspen architectural services from Harry Teague Architects as needed in the evaluation of alternate sites. The Webb Management Services team significantly outscored the other proponents based on the following criteria: • Demonstrated Understanding of Needs Assessment Goals • Experience with Comparable Studies • Demonstrated Ability to Accomplish Work On Time and Within Budget • Proposed Scope of Work and Approach to the Work • Cost Effectiveness of the Proposal Webb Management Services is a recognized national leader in providing cultural and performing arts needs assessments, master plans and feasibility studies, with 230 completed projects over the past fourteen years. Staff is confident that we are recommending an expert team that will deliver a thorough needs assessment in response to the economic, market demand and performing arts user demand questions that have arisen. The proposed Scope of Services for a twelve to fourteen week assignment is noted in the attached contract. Deliverables will include: • Market Analysis • Assessment of Current Wheeler Program • User Demand • Touring Product Potential • Existing Facility Assessment • Facility Recommendations • Description of Comparable Projects in Similar Communities • Activity Profile and Potential Revenue Generation • Space Program Recommendation • Prospective Site Analysis 2 • Order -of Magnitude Capital Budget • Order -of Magnitude Pro -Forma Operating Budget • Quantitative Economic Impacts • Qualitative Economic Impacts • Critical Path Plan These will be presented in a draft report, followed by a final report incorporating client input. The project team will conduct a scoping meeting with staff and Wheeler Board members, make a presentation of draft findings to the Wheeler Board and City Council, and make a final presentation to the Wheeler Board, City Council and a community open house. FINANCIAL IMPLICATIONS: Per City Council's direction, the study and deliverables will provide the community with a better understanding of the project economics and feasibility. Council has already authorized funding for these services. The contract will total $50,000 including fees and reimbursable expenses. OTHER RESOURCE IMPLICATIONS: City Council at the December 7, 2009, meeting approved the expenditure of $50,000 from the $3 million line item for the Wheeler 2151 Century Master Plan Budget in 2010 for the needs assessment. Since the proposed professional fees and reimbursables total $50,000, staff requests Council approval of funds for a 15% project contingency (up to $7,500 if needed), and $17,000 of Wheeler funds to cover the cost of Asset Management staff time in managing this contract and performing other Wheeler capital planning duties over the next several months. RECOMMENDATION: Staff recommends approval of the Professional Services contract with Webb Management Services for the Wheeler Expansion Needs Assessment in the amount of $50,000; approval of up to $7,500 for a project contingency; and approval of $17,000 for Asset Management staff time. CITY MANAGER Attachments: A - Resolution #_ B- Copy of signed contract 3 RESOLUTION # �4 1 (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND WEBB MANAGEMENT SERVICES SETTING FORTH THE TERMS AND CONDITIONS REGARDING WHEELER 21ST CENTURY MASTER PLAN NEEDS ASSESMENT CONSULTING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Webb Management Services, a copy of which agreement 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 agreement between the City of Aspen, Colorado, and Webb Management Services regarding Wheeler 21s1 Century Master Plan Needs Assessment Consulting services, 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 March 8, 2010. Kathryn S. Koch, City Clerk CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009 PROFESSIONAL SERVICES the Ciry el Ilspen City of Aspen Project No.: 1-010-002. AGREEMENT made as of 8" day of March, in the year 2010. BETWEEN the City: Contract Amount: The Cite ofAspen C/o Wheeler Opera House 110 South Galena Street Aspen, Colorado 81611 Phoue:(970)920-5055 And the Professional: Duncan Webb c/o Webb Management Services 27 West 24"' Street. Suite 407 New York, NY 10010 Phone: (212) 929-5040 For the Following Project: Wheeler Opera I louse Needs Assessment Exhibits appended and made a part of this Agreement: Lxhibit A: Scope of Work. l,xhibit B: I ourly l-'ee Schedule. Exhibit C: Webb Management Services Proposal Total: $50,000,00 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. City Council Approval: Date: March 8, 2010 Resolution Agreement Professional Services Page 0 The City and Professional agree as set forth below. 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later thanJune 15. 2010. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non -Assignability. Both parties recognize that this Agreement 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 he deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub -contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of 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 prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of Agreement Professional Services Page 1 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. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused 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 Agreement Professional Services Page 2 to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self -insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) 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 severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary Agreement Professional Services Page 3 insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 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. Agreement Professional Services Page 4 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Aereement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens — CRS 8-17.5-101 & 24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work 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. Agreement Professional Services Page 5 "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 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: Agreement Professional Services Page 6 (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. 16. Warranties Against Contingent Fees, Gratuities. Kickbacks and Conflicts of Interest. (a) Professional 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 Professional for the purpose of securing business. (b) Professional 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 Agreement Professional Services Page 7 ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional 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. (d) 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 Professional, 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 Professional; and 4. Recover such value from the offending parties. 17. 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. 18. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Agreement Professional Services Page 8 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 first written above. CITY OF ASPEN, COLORADO: [Signatm] By: [N�1 Title: Date: Approved as to form: City Attorney's Office PROFESSIONAL: / � ... % i L / [Signmml By:--�) V e-� c, cn [N�l Title: V,r 511 c!U✓w� Date: 21 ) 1440 InlIIII_1 Scope of Work Work Agreement Professional Services Page 9 challenges Front our perspective, the Whcdcr Opera House Needs Assessment is air cxcitiug and dal- Icnging project for a number of reasons. First of all, the Whctler Opera house is a well -loved institution in Aspen. But as a theater built in the 19th century, it is fundamentally constrained in its ability to serve audicnees Aid artists in tilt 21s4 secrecy: We must thcmfom determine how existing facilities might best be used in the future and then, If appropriate, advance plans for additional facilities that compliment the Wheeler and other spaces. A accond challenge is that discussions around the future of the Wheeler and the need for additional facilities have heen ongoing for yearc to the point that many people in the community have .already taken a position on what should happen. Our challenge is therefore to bring dear and objective infor- mation and insights into the discussion that allow public and private sector leaders to build a consensus around one set of recommendations. scope of services Following is a description of the services we would offer to the City of Aspen with respect to plans for improvemenu to the existing pri-immhng arts facilities and the potential need for ocher new facilities. ♦ MATERIALS REVIEW: Review any previous reports and/or plans created for or by the City of Aspen regarding the Wheeler Opera House or other performance facilities, as well as other regional and/or relevant studies around the Aspen cultural community. Roaring Fork Initiatives and more. s MA RK v. r ANALYSIS: Define and evaluate the current and future market area for arts prograis and im:11hics fit Aspen and the surrounding region using a variety of local and regional data nmrketarec definrrion bden,WzT1, a anal,, 1s: Using the locations of existing ticket buyers. map and define the market for current Wheeler Opera House programs. Describe the population in terms of size, rate of growth and demographic factors, such as level of educational attainment, age. disposable income and ram. Evaluate the sncirgths and weaknesus of the market area based on national trends fit arts participa- tion. identify key market segments for audience and program development. gee-deme. rpFiic analysis: Using the PRIZM model dcvclolwd by Cimias'. whidt defuaes the population in terms of specific variables that play into poterntial arts atten- dance, im cstigatr thr prrsrnce of active arts participants in sir mark,, area, an.l dmir capacity to support prolgams at new or improved facilities. rrmnrihornrrornnen analysis, Using Cclum housing estf mates and Any other available Hl Agreement Professional Services Page 10 market research, cvclop a profile of second homeowners in Aspen and the surround- ing region in Order to asses the potential development and expansion of this market segment. r�irirrrrgnrrdienrer mwlyru: Consider the six and characteristics of the non-resident segment of the market (i.e. mmists). Ten the attractiveness of that market segment in terms of their potential attendance and participation In Aspen programs and facilk ties. s WHEELER OPERA HOUSE PROGRAM SO ASSESSMENT: Working closely wide Wheeler Opera House staff, assemble information mu existing programs, activity levels and utilization trends, operating policy and financial information to aawss its support of and service to local artiss and organizations, resident and visiting audiences, and the broader goah and interests of [be City of Aspen. t USER DEMAND: Using information gathered by rvrc%rll Mills Catsch Architects in Frbmary 2009, understand the current facility situation and potential facility needs of Wheeler Opera House staff, rcgmnal artists and arm organizations, including space for per- 14 e' furmatac, rehearsal and related pmi;rams. Supplement existing information with hncrviCcws a and/or surveys as and if required. Understand regional groups' capacity to pay for access to 0 IT new or improved spaces. A S t TOURING PRODUCT POTENTIAL: Interview Impresarios, promoters and preservers who currently bring muring arrs and entertainment programs m the Roaring r»rk Valley on the alequay of the Wheeler Opera House and other facilities for their programs o. and the poential to bring additional touring programs to the market given new or improved g faedtmes. a i EXISTING FACILITY ASSESSMENT: Review the six, accessibilityand location of per&srming aces facilities in and around Aspen, including the Roaring Fork Region. Map the locations of these facilities to understand their proximity to one another, and their acces- sibility to transportation and kcy population bans. Assess these facilities in arms of quality; sire, allbrdability, activity, use and availability, and klrcuify gaps in the inventory that could be filled by new or Improved facilities. FACILITY RECOMMENDATIONS: Review proposed plans for new or improved facilities and offer preliminary recomtnendations to the City on the six, shape, flexibility and functionality of spaces initially proposed as well as the need for any additional facilities. ♦ Co M PA RA B LE PROJECTS: Identify communities similar in six and character to Aspen dear have successfully developed and supported facilities and programs similar to those recommended. Describe those facilities in terms of six, components, location, cost and keys to success in order to inform and validate the choices being made for Aspen. Specifically dis. cuss partnership strategies between the public and private ucfir that have led TO sustainable cultural facility development and operation. ♦ ACTIVITY PRO FI LF.: Baud on The market analyais and initial recommendations, prepare an activity profile (or all programmable spaces in remmmcodcd facilities, listing types and levels of use by local artists and organizations, touring programs, educational programs aid other uses. Also estimate potential revenue generation in these spaces by local and tour- 21 ing progrars. Agreement Professional Services Page 11 + SPACE PROGRAM: Develop building programs for rmominended facilities as an Fxcel spreadsheet that defines and measures all rooms in recommended facilities, including public spaces, performance spaces and support spaces. + SITE ANALYSIS: Building on recent information developed by rarewell Mills Carsch Amhitcctc, assess potential sites mid relevant existing structures (including Wheeler Opera I look) for the development of new facilities as provided by the City. Consider these sites and structures in terms of their overall suitability for development, current conditions, feasibility to adapt, planning challenges Aid east to accommodate The recommended building progr:un- Prioritize these options in terms of criteria agreed and ranked in advance with the City. + ORDER -OE -MAGNITUDE CAPITAL BUDGET: Esfmnatefile Cosa nfimprov- ing and/or aiding new facilities based on the space program. knowledge of local and national ,,o structloo costs and the potential sites selected for devc1opment. + ORDER -OF -MAGNITUDE PRO -FORMA OPERATING BUDGET: Develop a preliminary pro -forma operating budget for recommended fiaciliries that estimates raw earned income and operating expenses in order to forecast additional annual funding increases and impacts on the existing operating s rtaturc and organization. + QUANTITATIVE ECONOMIC IMPACTS: Forecast the economic impact of new or improved facilities, incltxiing the impacts ofconstrucrion. operation and ancillary spending associatcd with attendance at facilities. Use the RIMS 11 model developed by the Bureau of Economic Analysis to estimate the direct mad indirect impacts of the project on the previously - defined market area, including outputs, increased earnings and employment. + QUALITATIVE ECONOMIC IMPACTS: Consider howvariatu development options support the broader goals of the community, in such areas as cultural tourism, enhanc- ing educational opportunities, rrcmiting new bmincsses to the community and building a stronger scr se of place and community engagement. Support these assertions with case studies from other communities and provide rccommendatious as to how die project should proceed so as to noaximizc these benefits. + CR I T I C As, PAT H P LAN: Crrat, a critical path III-- fix the Wl,,,ler Opera House and the City of Aspen that identifies key milestones and deadlines towards new mid/or improved facilities. + REPORT K PRESENTATION: Present die findings and recommendation of the needs assessment and deliver a draft report. Incorporate feedback from the client and issue a fioAl repom t{meline We are ready aid willing to begju the study when audaurimcl by the client. We would expect ro cmnphtC the study within nvdve w founecn weeks of comrxt award. We could potentially increase oar timeline i(rcquestcd by the dicer. 22 Agreement Professional Services Page 12 Hourly Fee Schedule Agreement Professional Services Page 13 professional fees We would propose lurnp-sum professional fees of $44,000 plus reimbursable cxpcnses to corn- pletc dsc wwkcs described in rhis proposal. expenses Expenses are billed fat war) in addition to fees, for travel to Aspen, communications (I.e. felt, - phone, fax. courier, printing) and the purchase of data related to the assignment. We would do everytlsing possible to ntininsixe these expwses and would look to the City for assistance in seeking local accommodation on our behalf and booking trips far enough in advmcc to ntininti<a air fares. We would agree to cap expenses as per the folinwing estimate: 4 person -trips at $1300 $5,200 Communleations and Data Purchase 800 $6,000 additional services Pecs any additional services falling outside of those described in this proposal will be ncgoti- ated as and if appropriate. 2010 hourly rams are as follows; Im have been discounted for rile services described in this proposal. Duarau Wclb $200 Harry league $200 Michael UiAlasi $200 CarrieBIA-r$150 Liz Bloomfield $125 billing Fees would be billed each month based nn the progress of the study term of proposal This pmposal is valid for a period of 90 days, ber)nning February 5, 2010. 24 Agreement Professional Services Page 14 mar�`��gt r„ CV(I(„i, a eonsullar,,a� 1 (,, 7lp(Illy ma I Wheeler Opera House Expansion Needs Assessment Prepared for the City of Aspen Due Date: February 5, 2010 by 3.00pm Contact. - Duncan Webb Webb Management Services 27 West 24th Street, Suite 407, New York, NY 10010 pb. 212.929.5040 fx. 212.929.5954 duncan@webbmanagementservices.com webbmanagementservices.com 1. proponent profile......................................................3 2. proposed team..........................................................7 3. representative experience.........................................13 4. approach.................................................................20 5. work in progress.....................................................23 6. compensation..........................................................24 2 man�pj Webb Management Services, Inc. is one of the en ` nation's leading providers of cultural and project planning services having completed more than 230 assignments. Our mission is to h ' h d dima inative lannin support t o creative process wit soun an g p g and services that lead to cultural and community development. We believe the arts play a vital role in shaping our world. Through consulting, training and research, our firm works to strengthen the management and planning skills of the decision -makers who create and sustain diverse cultural communities. Clients include local governments, colleges and universities, nonprofit arts organizations, development agencies and other entities exploring cultural development. Assignments include consulting, training and research projects as follows. Facility Development: Comprehensive planning studies to provide clients with the information needed to make intelligent decisions about the construction, renovation, restoration or adaptive re -use of cultural facilities. These studies generally include analysis of the market area, evaluation of possible uses and users of potential facilities, inventory of other regional facilities, and impact assessment. Facility Operations: Studies to guide clients towards the successful operation of cul- tural facilities, addressing governance, staffing, operating policy, facility maintenance, community access, pro -forma operating budgets, economic impact and funding. Organizational Advancement: Strategic planning for cultural organizations and facilities addressing strategies for audience development, earned revenue growth, capitalization, organizational evolution, staff re -organization and board development. Tasks include organizational audits, strategic planning, financial planning and market research for producing companies, presenters, and service organizations. K7 Strategic Collaborations: Studies and ongoing consulting to foster strategic alliances among nonprofit arts and cultural organizations, from cooperative projects and initia- tives, to the coordination or consolidation of programs and services, and finally to the consideration of mergers and their ultimate implementation. One of the great challenges in the nonprofit arts sector today is building staff and board member skills to effectively manage the challenges of operating a creative enter- prise in a competitive and changing environment. For that reason, we offer training programs in a number of areas, including facility operation, finance, strategic planning and board development. a The world of arts and culture is changing rapidly. Staying attuned and responding to c current issues and trends can mean the difference between organizational survival and m failure. We undertake research initiatives for communities, foundations, and govern- m d r menus on a commissioned basis. g N R m In addition to the latest market research available, outside publications on cultural industries and our own body of knowledge derived from years of experience with differing communi- ties, Webb Management Services is committed to developing and drawing on its own unique resources. Released in 2005, Duncan Webb's first book reveals the best practices that consistently lead to operating successful theaters. Called from surveys and interviews with more than fifty top theater managers and experts, this guide provides proven and successful strategies from managers, staff, and volunteer leaders covering virtually every aspect of running a theater: audience development, fundraising, facility development, pro- gramming, community involvement, and much more. Special sections cover physical maintenance, technology in theaters, staff and board development, and education in the arts. 4 In April 2007, Webb Management Services hosted a conference in New York City to consider the future of performing arts facilities. Over the course of two days, forty performing arts facility managers from around the country worked through a series of presentations manilpgent and discussions on audiences of the future, where performing arts disciplines are headed, trends in the area of arts funding and how, then, buildings should ing ar be planned and developed in order to succeed some 40�e'�p twenty-five years from now. qj O O �A03 � Our expert panelists, relevant research and resulting +�- "" discussions indicated that, on the whole, performing arts spaces will become smaller, more flexible, less permanent and less formal. Equally important is the idea of designing facilities that support amateur community programs and attract younger audiences with the pos- sibility of an enriching social experience. A narrative report outlining discussions and conclusions was published in a monograph released by Americans for the Arts. It is available at www.americansforthearts.org. firm detail Webb Management Services was incorporated in New York State as an "S" Corporation in March 1997. We are a profit -earning, fiscally -solvent entity with an unblemished credit record. Webb Management Services currently employs three and a half full-time equivalent employees who all share similar responsibilities. Current staff includes Duncan Webb (President and Principal), Carrie Blake (Project Manager), Liz Bloomfield (Project Manager) and a Research Associate. Webb Management Services offers a strong value proposition to our clients on the basis of the following: Everyone here has worked professionally in the arts industry, as facility man- agers, producers, presenters, performers, educators, marketers, fundraisers and financial managers. In addition, we are all trained in business and finance. This 5 combination of skills means that we can work closely with artists and arts orga- nizations, understanding their creative drive and aspirations. At the same time, we are credible with trustees, businesses and government leaders in our ability to develop projects that are achievable and sustainable. Our national practice and many years of experience has made us big thinkers, able to search for creative solutions from a huge body of knowledge and a diverse network of industry leaders. We are fundamentally team players, able and willing to work closely with architects, developers, project managers and other specialists while representing the interests of the City of Aspen. Webb Management Services, Inc. is based in New York City with a network of col- laborators around the country. Our contact information is as follows: Duncan Webb, President Webb Management Services, Inc. 27 West 24th Street, Suite 407 New York, NY 10010 ph. (212) 929-5040 fit. (212) 929-5954 duncanCa webbmanagementservices.com C, Webb Management Services has assembled a team of professionals with specific expertise to provide the City of Aspen and Wheeler Opera House with a successful study process. Bios for each team member, along with firm resources, experience and references, are included in this proposal. Webb Management Services MAID ent 27 West 24th Street, Suite 407, New York, NY 10010 t. (212) 929-5040 f. (212) 929-5954 www.webbmanagementservices.com Duncan Webb, President + Carrie Blake + Liz Bloomfield Webb Management Services, Inc. was founded in March 1997 as a management consulting practice for the advancement of cultural organizations and the development and operation of cultural facilities. Services include planning for organizational advancement and cultural district development, facility feasibility studies and needs assessments, facility and organiza- tion business plans, project management, presenting and programming support — all for arts and cultural purposes. Since its formation nearly 13 years ago, the firm has completed over 230 projects, delivering effective, efficient, comprehensive and collaborative services. Webb Management Services is dedicated to the advancement of the nonprofit arts sector and believes strongly in the societal value of the arts. Harry Teague Architects 129 Emma Road, Suite A HARRY TEAGUE ARCHITECTS Basalt, CO 81621 t. (970) 927-4862 f. (970) 927-4892 www.teaguearch.com Harry Teague, Design Principal Harry Teague Architects was established in Aspen in 1975 and has since produced nation- ally recognized, award -winning, and much loved arts, cultural and educational facilities, civic structures, affordable housing, mixed -use projects, lodging, commercial projects and homes. Our practice currently has five design professionals and support staff who collectively bring a depth of experience and diverse range of skills to each project. We have 35 years of experience in master planning, sustainable design, innovative material detailing, user and community facilitation, and fundraising support for nonprofits. We are committed to design excellence in all aspects of our projects and have a proven track record for innovative design and imagi- native solutions. Harry Teague Architects was named Architecture Firm of the Year by the Colorado AIA in 1994 and by the Western Mountain Region AIA in 1995, and Harry Teague was named the Architect of the Year in 2000 by the AIA Colorado. 7 Schuler Shook THEATRE OLANNERS - 123 Third Street North, Suite 210 LIGHTING DESIGNERS Minneapolis, MN 55401 t. (612) 339-5358 f. (612) 337-5097 www.schLilershook.com Michael DiBlasi, Partner Schuler Shook is an internationally recognized theater consulting firm with extensive experi- ence in the planning of performing arts facilities. Founded in 1986 by Duane Schuler and Robert Shook, and with offices in Chicago, Dallas, and Minneapolis, the firm's expertise includes venues ranging from intimate 100-seat theaters to 3,000-seat opera houses to 15,000- seat music theaters, all designed with one common set of goals: to enhance the relationship between the performer and the audience, and to support the creative work of the performers, directors, designers, and technicians. Schuler Shook designs performance spaces that work. 8 Duncan's career in the arts began onstage as a lovesick maiden in a 1969 production of Gilbert and Sullivan's Patience. After college, he became a banker, spending seven years in commercial lending and international finance. In 1986, after many years of volunteer work in the arts, he came into the field as a producer of experimental, industrial and commercial theatre, with such credits as the Canadian premieres of Changing Bodies, Children of a Lesser God, Blood Brothers, Orphans, Marshall Bravestarr and Barbie and the Rockers. He also developed marketing and sponsorship pro- grams for the Canadian premiere of Les Miserables. Duncan M. Webb founded In 1989, Duncan joined Theatre Projects Consultants as a management Webb Management Services, consultant, writing feasibility studies for a range of performing arts facili- bu. to provide management ties and ultimately becoming the general manager of the North American consulting services to the arts practice of this theatre consulting firm. He then spent two additional years and cultural industries. The at AMS Planning and Research, doing similar work before starting Webb firm has now successfully com- pleted more than 230 consult- Management Services in March 1997. ing assignments for the develop- ment of facilities and districts, A Certified Management Consultant (CMC), Duncan has been an active and ,for the advancement of speaker and published writer on arts management and the development, cultural organizations. Exam- operation and financing of arts facilities. In January 2005, Webb's book ples of assignments include a Running Theaters• Best Practices for Managers and Leaders was published, Feasibility Study, Site Analysis the first book ever written on the management of performing arts facili- and Business Plan forNew Per- forming Arts Facilities in Rocb- ties. He is also a professor in New York University's Graduate Program in ester, NY, the Truckee -North Performing Arts Administration, where he teaches Finance and Planning Lake Tahoe Feasibility Plan for for the Performing Arts and Principles & Practices of Performing Arts Ad - Arts and Culture, and ongoing ministration. work with the Lower Manhat- tan Development Corporation Duncan has a Bachelor's Degree in Economics from the University of on plans for new performing Western Ontario and a Master's Degree in Business Administration from tt the World Trade arts facilities aSite. Center Memorialh the University of Toronto. He currently lives in New York City with his wife and two children. 9 Carrie Blake joined Webb Management Services, Inc. in January 2006. At Webb Management Ser- vices, Carrie works as a Project Manager and Consultant on a number of projects. Examples include a Feasibility Study for the Topia Arts Center (Adams, MA), Ray Evans Seneca Theater Renovation Feasibility Study, and a Needs Assessment for the Renovation of the Modjeska 7beatre in Milwaukee, WI. Carrie has gained extensive knowledge on the operation and function of arts organizations through her work with various independent, govern- ment -based, and university arts organizations. Before joining the firm, Carrie was the Associate Producer for the Office of Arts & Cultural Programming at Montclair State University (NJ) where she played a pivotal role in the establishment of an ambitious new present- ing and producing program. Collaborating with innovative experimental artists from across the nation and around the world, Carrie coordinated regional, national and world premieres while working to establish identity, presence, structure and policy for MSU's new venture. Prior to working at MSU, Carrie developed and managed fundraising events and campaigns for both The Drama League, a New York City -based nonprofit committed to developing artists and audiences for the American theatre, and the Madison Museum of Contemporary Art (Madison, WI). Through her Master's Degree in Business at the Bolz Center for Arts Ad- ministration, University of Wisconsin -Madison, Carrie completed a ven- ture development business plan for the Wisconsin School Music Associa- tion and a marketing research study for the Madison Symphony Orchestra. Her independent graduate research focused on the university arts present- ers' multifarious existence within university and community contexts. Carrie earned a dual BA in Music and Arts Administration from the Uni- versity of Kentucky. A native of Cleveland Ohio, Carrie's commitment to the arts first began at the age of nine when, after becoming fed up with the antics of her creatively destructive brothers, she picked up her first clarinet. 10 As the principal designer and founder of Harry Teague Architects, Harry Teague's work is distinguished by freshness of design approach, inventive planning strategies, and attention to the craft of construction. His diverse practice includes architectural design, site planning, industrial design and community facilitation. An experienced builder, Mr. Teague has reinvent- ed Colorado vernacular architecture and transformed it by his skilled and thoughtful introduction of contemporary materials and building technol- ogies. Mr. Teague grew up in Alpine, New Jersey, graduated from Dartmouth College in 1966, and has lived in Colorado since receiving his Master of Architecture from the Yale School of Architecture in 1972. He began his practice as a designer/builder, and constructed all his designs for the first a seven years of his career. The firm has since grown to its current size of nine professionals, but continues to stress a hands-on knowledge of construc- tion. w as Mr. Teague's work has been included in several exhibitions on the subject of contemporary western architecture and on architectural detailing. His work has been published internationally in magazines and books, and he has received over fifty regional and national design awards. He has lec- tured and taught throughout the country and has served on numerous professional design award juries. Harry Teague strives to produce an archi- tecture for our time, architecture that has a positive effect on our society, and architecture that elevates the human spirit. State of Colorado 1978, No.201392 State of Pennsylvania 1986, No.010150-B State of Wyoming 2001, No. C - 1835 NCARB Council Certificate, No. 62,321 1972 Master of Architecture Yale University, School of Art and Architec- ture 1966 B.A. History of Architecture, Dartmouth College 11 Michael DiBlasi's background includes lighting design for dance, opera, theater and special events which provide a strong basis for his theatre consulting work. This hands-on understanding of the requirements for performance venues, including technical, functional and aesthetic issues, provides an invaluable resource to the design of theatre facilities. His ac- complishments in theatre consulting include renovated and new perfor- mance spaces for professional and educational facilities. Colonial Theatre, Pittsfield, MA Paramount Theatre, Charlottesville, VA Wayne Theatre, Waynesboro, VA Shubert Center for the Arts and Education, Minneapolis, MN Boston Opera House, Boston, MA Westminster High School, Westminster, CO m Riley Center, Mississippi State University, Meridian, MS = Plaza Theatre, El Paso, TX Panasonic Theatre for Blue Man Group, Toronto, ON " Mabel Tainter Memorial Theatre, Menomonie, WI n Morris Performing Arts Center, South Bend, IN Cornell College, Mount Vernon, IA T.B. Sheldon Auditorium, Red Wing, MN Pantages Theatre, Minneapolis, MN Empire and Majestic Theatres, San Antonio, TX Orpheum Theatre, Minneapolis, MN USITT Merit Award — Pantages Theatre USITT Merit Award — Theatre de la Jeune Lune BFA - Boston University American Society of Theatre Consultants U. S. Institute for Theater Technology 12 Below is a list of projects that are representative of the unique skills and experience of our firm and its personnel. A complete list of our 230 completed projects is available upon request. The following pages include 6 more detailed examples of relevant experience for Webb Management Services, Harry Teague Architects and Schuler Shook. Proctori Theatre &luoysion and Arts District Feasibility Study, Schenectady NY North Avenue Presbyterian Church Reuse Plan, New Rochelle, NY Feasibility Study for the Topia Arts Center. Adams, MA Market Study and Needs Asresment for a Renovated Loew i Kings Theatre, Brooklyn, NY Feasibility Study for the Expansion of the WYO Theater, Sheridan, A''Y Feasibility Study for the Relocation of Bay Street Theater, The F'amptons, Long Island, NY Needs Aires sent tit Business Planning for New Arts Facilities, Crested Butte, CO Merriweaiher Post Pavilion Feasibility Study and Strategic Plan, Columbia, MD Feasibility Study for a New Amphitheater in Fairfax County, Fairfax, VA Concept Review and Business Plan for a Douglas County Amphitheater, Sedalia, CO Needs Assessment far the Renovation acSuuken Gardens, San Antonio, TX Feasibility Study for New Cultural Facilities, Glenwood Spring, CO Cultural Facilities Needs Asessment & Business Plan, West Hollywood, CA Market Study & Business Plan for a New Music Venue, Fort Collins, CO Durham Performing Arts Facilities Feasibility Study, Durhann, NC Cultural Facilities Materplan, Fort Collins, CO Demand Analysis fur Small -Scale Cultural Facilities, San Jose, CA City of Dallas Community Coleyral Master Plan, Dallas, TX Cary Cultural District Pin n and Feasibility Study Cary NC Theatre Operations and Organization Study; La Mirada, CA A Business Plan for A New Houne, National Dance institute, New York, NY Concept Development & Business Planning for New Cultural Facilities at Cherokee Ranch Sedalia, CO Busineu Plan for Conntunity Art Facilities, Parker, CO University of Missouri Performing Arts Facilities Feasibility Study Columbia, MO Strategic Business Plan for a New Visual L+Perfoening Art Center. Folon Lake College, Foktun, CA Maryville College Fine and PeifbrmbtgArt/Civic Center Feaibibty Study, Maryville, TN George Mason University Prince William Campus PerfonningArt Center; Manassas, lA 13 Needs Assessment & Business Plan for New Arts Facilities, Glenwood Springs, CO (2007) In February 2007, Webb Management Services was hired by the City of Glen- wood Springs to assess de- mand for new performing arts facilities. Glenwood Springs is located on the Western side of Colorado in the Rocky Mountain Valley at the confluence of the Colo- rado River and Roaring Fork River. Glenwood Springs is home to the world! largest hot springs swimming pool and is famous for its many year-round outdoor activi- ties. In the first phase of work, a needs assessment, we considered demand on part of local arts organizations and other users, the market potential for new per- formance facilities, the competitive situation and the City's long-term goals. The market analysis was particularly important, assessing the potential for Glenwood Springs to attract regional residents and its significant visiting population. We then developed a series of initial conclusions and recom- mended several facility components. A more detailed analysis of the recommended concept indicated a project of a scale beyond the capacity of the City and community. Working with the project committee, we then proposed dividing the facility concept into four distinct projects, many of which could be fulfilled by utilizing existing facili- ties and planned developments. Specifically, we recommended the pursuit of adaptive re -use opportunities for smaller components and then the develop- ment of a 600 to 800-seat theater in conjunction with the proposed library. We then developed a preliminary business plan for the operation of these facilities, recommending staffing levels, governance and operating policies. The key deliverable for this phase was a pro -forma operating budget and an economic impact analysis. City leadership and the Performing Arts Center Ad -hoc Committee con- tinue to advance planning and partnerships for the proposed facilities. Reference: Judy O'Donnell Performing Arts Center Ad -hoc Committee Chair City of Glenwood Springs jdod47Ca rof.net Project Type: Needs Assessment & Business Planning for the City of Glenwood Springs Proposed Fee: $45,000 Final Fee: $45,000 Proposed Time: 6 months Actual Time: 6 months 14 wmKiwdiii ture, Truckee, CA 11 i-1 Webb Management Ser- vices was hired by the North Lake Tahoe Resort Association (NLTRA') to develop a cultural fa- cilities masterplan for new, proposed andlor renovated cultural facilities in the North Lake Tahoe region. This work started with a Needs Assessment and also included the development of a business plan and site selection exercise for each recommended facility. The first phase of work included an in-depth market analysis, inventory of ex- isting cultural programs and facilities and interviews with a diverse cross sec- tion of the representatives from the arts, political and business community. Considering communities in both Nevada and California, the analysis exam- ined key population segments with permanent resident, second homeowner and tourist markets. We then inventoried indoor and outdoor facilities regu- larly used for public performance, and visual art, heritage and cultural institu- tions. The following observations were of particular importance: e New facilities and programs should first aim to serve the local perma- nent residents, then market to the seasonal and visiting populations. t There was notable demand for facilities and programs on the part of regional residents and organizations. f Investment within new cultural activity and facilities may offer an op- portunity to develop a unified sense of regionalism, particularly through the development of North Lake Tahoes's creative economy. Conclusions recommended a set of programs and facilities to serve each popu- lation segment while complementing activity within, local and regional mar- kets. Recommendations included both indoor and outdoor facilities. Our second phase of work considered site selection, how the community should prepare for new and expanded cultural facilities and how each should be oper- ated, also projecting financial performance over time. Reference: Ron Treabess Director of Community Partnerships and Planning North Lake Tahoe Resort Association (530)581-8735 Project Type: Cultural Facilities Master Plan (including Needs Assessment) for a Private Entity Proposed Fee: $70,000 Final Fee: $70,000 Proposed Time: 6 months Actual Time: 6 months 15 Iva Sheridan, WY i! Webb Management Services was hired by the WYO The- ater (483 seats) to assess its expansion into two adjacent properties and to develop a business plan that would support its future operations. Our brief was to establish what could be developed in the new facilities and how new spaces should be oper- ated and programmed The first phase of our study investigated the feasibility of the expansion and its impacts on the Theater's existing operations and on Sheridan. We worked closely with local arts groups, funders, political leaders, and facility managers to consider these questions, ultimately concluding that: An improved WYO lheater has potential to attract more audi- ences and additional programs Additional spaces for performance, exhibition, rehearsal and sp- ecial events will drive cultural development in Sheridan The expanded WYO can have a tremendous impact on the co- mmunity and downtown Sheridan In addition to the improvement of the existing theater, recommendations included several possible spaces to serve community arts organizations and programs. Given those possibilities, our work considered how the Theater should prepare for expanded operations and how it will perform financially. The key deliverable in the business plan was a pro -forma operating budget that projects activity, attendance and financial performance through the years in which the renovation and expansion of the "Theater is completed. Reference: Nick Johnson Executive Director WYO Theater (307)672-9083 Project Type: Needs Assessment and Business Plan for Renovation and Expansion of a 501(c)3 arts facility and organization Proposed Fee: $55,000 Final Fee: $55,000 Proposed Time: 5 months Actual Time: 5 months 16 r. .. tCO 006 tt the Breckenridge Riverwalk Center was created from a pre-existing two- storysteel and wood structure adjacent to the Blue River in historic Brecken- ridge, Colorado. It has long been the hub for cultural events, civic functions, and entertainment in Breckenridge. It serves as the home of the National Repertory Orchestra, the Breckenridge Music Institute Orchestra, as well as the primary venue for town parties and rock concerts. The facility contains offices and stage support space, as well as an open stage at the north end of the structure with a slab -on -grade amphitheater -type seating accommo- dating approximately 780. The original structure incorporated a temporary fabric tent structure over the amphitheater seating during the short summer season that is typical at 10,000 feet above sea level. This project started as a simple 11,000 square foot permanent shell structure to replace the fabric tent. We referred to the original no -frills design as a camper shell, but the project quickly evolved into a three -season heated facil- ity with adjustable acoustic features that gives the Town of Breckenridge the best multipurpose facility possible for the cost. Reference: Kim DiLallo Events and Communications Manager, Riverwalk Center Town of Breckenridge 150 West Adams, P.O. Box 168 Breckenridge, CO 80424 Project Type: Renovation for Public Entity (Town of Breckenridge) Proposed Cost: $1.8 million Final Cost: $2.8 million (increase at client's request) Proposed Time: 1.5 years Actual Time: 1.5 years (tight timeline due to season start-up at facility) 17 Aspen 1SchoolandAspenCountry D., School. f nJ2Dft%a This $60 million campus planning and building design for AMFS and ACDS includes 80,000 square feet with three large orchestra rehearsal facilities. The process of reshaping an existing campus just outside of Aspen has been a col- laborative effort between the Aspen Music Festival and School and the Aspen Country Day School. Harry Teague Architects was initially retained by the two owners in 2005 to provide programming and pre -design services. Working to balance the needs and constraints of both clients, a complete master plan and architectural design was subsequently developed. The pro- posed architecture preserves the natural environment through the careful placement of new buildings as well as through the reuse of existing building locations where possible. The choice of low -maintenance materials is a direct response to the harsh environment of the steep, narrow canyon site and an a opportunity to use both modern and traditional systems in a fresh manner. The forms of the buildings resolve the acoustic requirements of the Music m School and the more intimate needs of the Country Day School. The overall a; campus design provides a truly unique response to a complex geographic condition, and the individual buildings and spaces within reflect the quality n and scale that enhances the learning experience n N Reference: Alan Fletcher, President and CEO Jennifer Elliot, CFO Aspen Music Festival and School (970) 925-3254 Project Type: Master Plan and Physical Design for Private Partnership Proposed Cost: $60 million Final Cost: TBD Proposed Time: Various depending on phase of work Actual Time: All phases completed on time as per critical path schedule created within master plan. 19 MM 0 t k ,: t I. Built in 1903, the 810-seat Colonial Theatre operated until 1949. In 2001, the Colonial 'Theatre Association purchased the theatre. The renovation includes a small expansion to address circulation and ADA compliance, a stage house that was expanded vertically, and the coupling to the adjacent building to provide a location for dressing rooms, lobby, offices and support spaces. Schuler Shook provided theatre planning throughout the facility and designed new lighting and rigging systems, as well as production infrastruc- ture. Reference: David Fleming Executive Director Colonial 'I heatre (413) 448-8084 x13 Project Type: Renovation of Historic Theatre for Private 501(03 e Proposed Cost: $13.5 million Final Cost: $14 million Proposed Time: 3 years Actual Time: 3 years 19 From our perspective, the Wheeler Opera House Needs Assessment is an exciting and chal- lenging project for a number of reasons. First of all, the Wheeler Opera House is a well -loved institution in Aspen. But as a theater built in the 19th century, it is fundamentally constrained in its ability to serve audiences and artists in the 21st century. We must therefore determine how existing facilities might best be used in the future and then, if appropriate, advance plans for additional facilities that compliment the Wheeler and other spaces. A second challenge is that discussions around the future of the Wheeler and the need for additional facilities have been ongoing for years, to the point that many people in the community have already taken a position on what should happen. Our challenge is therefore to bring clear and objective infor- mation and insights into the discussion that allow public and private sector leaders to build a consensus around one set of recommendations. Following is a description of the services we would offer to the City of Aspen with respect to plans for improvements to the existing performing arts facilities and the potential need for other new facilities. MATERIALS REVIEW: Review any previous reports and/or plans created for or by the City of Aspen regarding the Wheeler Opera House or other performance facilities, as well as other regional and/or relevant studies around the Aspen cultural community, Roaring Fork initiatives and more. 4 MARKET ANALYSIS: Define and evaluate the current and future market area for arts programs and facilities in Aspen and the surrounding region using a variety of local and regional data. market area definition & demographic analysis: Using the locations of existing ticket buyers, map and define the market for current Wheeler Opera House programs. Describe the population in terms of size, rate of growth and demographic factors, such as level of educational attainment, age, disposable income and race. Evaluate the strengths and weaknesses of the market area based on national trends in arts participa- tion. Identify key market segments for audience and program development. geo-demographic analysis: Using the PRIZM model developed by Claritas'", which defines the population in terms of specific variables that play into potential arts atten- dance, investigate the presence of active arts participants in the market area, and their capacity to support programs at new or improved facilities. second home -owners analysis: Using Census housing estimates and any other available MR 20 market research, evelop a profile of second homeowners in Aspen and the surround- ing region in order to assess the potential development and expansion of this market segment. visiting audiences analysis: Consider the size and characteristics of the non-resident segment of the market (i.e. tourists). Test the attractiveness of this market segment in terms of their potential attendance and participation in Aspen programs and facili- ties. + WHEELER OPERA HOUSE PROGRAM & ASSESSMENT: Working closely with Wheeler Opera House staff, assemble information on existing programs, activity levels and utilization trends, operating policy and financial information to assess its support of and service to local artists and organizations, resident and visiting audiences, and the broader goals and interests of the City of Aspen. a USER DEMAND: Using information gathered by Farewell Mills Gatsch Architects in February 2009, understand the current facility situation and potential facility needs of Wheeler Opera House staff, regional artists and arts organizations, including space for per- Cr a formance, rehearsal and related programs. Supplement existing information with interviews 9 and/or surveys as and if required. Understand regional groups' capacity to pay for access to a+ new or improved spaces. ♦ TOURING PRODUCT POTENTIAL: Interview impresarios, promoters and presenters who currently bring touring arts and entertainment programs to the Roaring Fork Valley on the adequacy of the Wheeler Opera House and other facilities for their programs and the potential to bring additional touring programs to the market given new or improved facilities. y + EXISTING FACILITY ASSESSMENT: Review the size, accessibility and location of performing arts facilities in and around Aspen, including the Roaring Fork Region. Map the locations of these facilities to understand their proximity to one another, and their acces- sibility to transportation and key population bases. Assess these facilities in terms of quality, size, affordability, activity, use and availability, and identify gaps in the inventory that could be filled by new or improved facilities. + FACILITY RECOMMENDATIONS: Review proposed plans for new or improved facilities and offer preliminary recommendations to the City on the size, shape, flexibility and functionality of spaces initially proposed as well as the need for any additional facilities. + COMPARABLE PROJECTS: Identify communities similar in size and character to Aspen that have successfully developed and supported facilities and programs similar to those recommended. Describe those facilities in terms of size, components, location, cost and keys to success in order to inform and validate the choices being made for Aspen. Specifically dis- cuss partnership strategies between the public and private sector that have led to sustainable cultural facility development and operation. + ACTIVITY PROFILE: Based on the market analysis and initial recommendations, prepare an activity profile for all programmable spaces in recommended facilities, listing types and levels of use by local artists and organizations, touring programs, educational programs and other uses. Also estimate potential revenue generation in these spaces by local and tour- 21 ing programs. a SPACE PROGRAM: Develop building programs for recommended facilities as an Excel spreadsheet that defines and measures all rooms in recommended facilities, including public spaces, performance spaces and support spaces. a SITE ANALYSIS: Building on recent information developed by Farewell Mills Gatsch Architects, assess potential sites and relevant existing structures (including Wheeler Opera House) for the development of new facilities as provided by the City. Consider these sites and structures in terms of their overall suitability for development, current conditions, feasibility to adapt, planning challenges and cost to accommodate the recommended building program. Prioritize these options in terms of criteria agreed and ranked in advance with the City. 4 ORDER -OF -MAGNITUDE CAPITAL BUDGET: Estimate the cost of improv- ing and/or adding new facilities based on the space program, knowledge of local and national construction costs and the potential sites selected for development. i ORDER -OF -MAGNITUDE PRO -FORMA OPERATING BUDGET: Develop a preliminary pro -forma operating budget for recommended facilities that estimates new earned income and operating expenses in order to forecast additional annual funding increases and impacts on the existing operating structure and organization. > QUANTITATIVE ECONOMIC IMPACTS: Forecast the economic impact of new or improved facilities, including the impacts of construction, operation and ancillary spending associated with attendance at facilities. Use the RIMS II model developed by the Bureau of Economic Analysis to estimate the direct and indirect impacts of the project on the previously - defined market area, including outputs, increased earnings and employment. + QUALITATIVE ECONOMIC IMPACTS: Consider how various development options support the broader goals of the community in such areas as cultural tourism, enhanc- ing educational opportunities, recruiting new businesses to the community and building a stronger sense of place and community engagement. Support these assertions with case studies from other communities and provide recommendations as to how the project should proceed so as to maximize these benefits. t CRITICAL PATH PLAN: Create a critical path plan for the Wheeler Opera House and the City of Aspen that identifies key milestones and deadlines towards new and/or improved facilities. 4 REPORT & PRESENTATION: Present the findings and recommendations of the needs assessment and deliver a draft report. Incorporate feedback from the client and issue a final report. timeline We are ready and willing to begin the study when authorized by the client. We would expect to complete the study within twelve to fourteen weeks of contract award. We could potentially increase our timeline if requested by the client. E5 22 Webb Management Services is ready and willing to proceed with the Wheeler Opera House Needs Assessment as soon as a notice to proceed is received. The firm as a whole is currently managing approximately 8 clients, though some projects are more active than others (see below.) We have completed the first portion of this study, a Needs Assessment, and are now finalizing the business plan. Working with Chickasaw Nation leadership and the Tribe's Division of Arts & Humanities, we are near completion of this project. The first phase of the project, a needs assessment, was recently completed. We are now devel- oping the business plan. We expect to deliver a final report to this client on February 9. Working with a comprehensive team of consultants, we have completed the bulk of our con- tribution to this project, with a final presentation scheduled for early April 2010. We began this project in January 2010 and expect to complete it within 8 weeks. We began this project in January 2010 and expect for it to be complete within the next 10 weeks. We are in the midst of an organizational assessment for MHSDG which will then by followed by an 8-week business planning process. D 23 We would propose lump -sum professional fees of $44,000 plus reimbursable expenses to com- plete the services described in this proposal. Expenses are billed (at cost) in addition to fees, for travel to Aspen, communications (i.e. tele- phone, fax, courier, printing) and the purchase of data related to the assignment. We would do everything possible to minimize these expenses and would look to the City for assistance in seeking local accommodation on our behalf and booking trips far enough in advance to minimize air fares. We would agree to cap expenses as per the following estimate: 4 person -trips at $1,300 $5,200 Communications and Data Purchase 800 $6,000 additional services Fees any additional services falling outside of those described in this proposal will be negoti- ated as and if appropriate. 2010 hourly rates are as follows; fees have been discounted for the services described in this proposal. Duncan Webb $200 Harry Teague $200 Michael DiBlasi $200 Carrie Blake $150 Liz Bloomfield $125 (billing Fees would be billed each month based on the progress of the study. air This proposal is valid for a period of 90 days, beginning February 5, 2010. 24 TO: FROM: THRU: DATE OF MEMO: MEETING DATE: RE: THE Cry of ASPEN MEMORANDUM Mayor and City Council Chris Everson, Affordable Housing Project Manager Scott Miller, Capital Asset Directorfo March 1, 2010 March 8, 2010 Burlingame Phase II Oz Architecture Contract & Clarification of Burlingame Phase II Architect Scope of Work REQUEST OF COUNCIL: Staff requests City Council approve the initial Integrated Project Delivery (IPD) design contract with Oz Architecture in the amount of $814,759. PREVIOUS COUNCIL ACTION: On February 8, 2010, City Council voted 3-2 against approval of the same Oz Architecture contract and additionally voted 3-2 to direct staff to make inquiries of all three architect teams to request further clarifications regarding their proposals, and to identify any differences in scope, and report the results to the Council. These included Oz Architecture, Poss Architecture and Charles Cunniffe Architects. DISCUSSION: Staff issued a clarification document on February 18, 2010 to achieve the following goals: 1. Confirm that the architects' proposals fully addressed the scope of work as identified in the contract documents originally issued with the RFP 2. Identify any additional services above and beyond the scope identified in the contract documents that the architect teams included in their proposals 3. Identify the architect teams' approach to four key issues ➢ efficiently managing the design team ➢ stakeholder meetings ➢ construction -phase services ➢ dealing with complex site conditions 4. Confirm the level of local participation on the architect teams The clarification document was based on the City's RFP and contracts and introduced no new scope of work from the original RFP and contracts that were issued as part of the original RFP process. The clarification document was extremely detailed, including required responses from the architect teams on 175 line items. Staff held a meeting with the architect teams on February 19, 2010 to answer any questions about the clarification document and process. Page 1 of 3 THE CITY of ASPEN Architect responses were due on February 23, 2010. All three architect teams responded in a timely manner. Staff has analyzed the responses and finds the following: ➢ All three architect teams have confirmed that their proposals fully address the originally prescribed scope or work. ➢ All three architects identified additional services that were not requested in the RFP, but are included in their proposals. While staff has not conducted a detailed analysis of the potential value of these additional services, the additional services offered by Oz appear to outnumber those offered by Poss and Cunniffe. ➢ While the Poss response outlines a detailed process to achieve the scope of work, it does not identify significant new scope or additional services. Staff would expect any architect awarded the project to achieve this level of detail during the conceptualization phase of the design effort. ➢ All three architect teams outlined a comprehensive approach to the four key areas identified in item #3 above. ➢ All three architect teams include participation of local offices and residents on their teams. Charles Cunniffe has the highest proportion of local participation with 82% of their team members residing in the Roaring Fork Valley, followed by Poss at 67% and Oz at 33%. By percentage of fee, those numbers are 85%, 73% and 13%, respectively. Additional detail will be available to be presented by staff to Council at the March 8 City Council meeting. FINANCIALBUDGET IMPACTS: The fixed -fee proposal amounts as compared to the budget are shown in the table below. It should be noted that, should the City choose to utilize a stick -framed construction methodology instead of modular construction to build the project, an additional fee of approximately $263,000 would be required by Poss Architecture, whereas the Oz proposal not only includes a stick - framed construction methodology, but the Oz proposal states that, if modular construction is employed, their Implementation Documents and Construction Phase fees may be renegotiated to a lower amount based on the scope of the modular fabrication shop. Page 2 of 3 Tuc Ciro nc Acvcm ENVIRONMENTAL IMPACTS: All three architect teams communicated a strong commitment to providing an analysis of environmental considerations as part of the Integrated Project Delivery design process. RECOMMENDED ACTION: Staff recommends City Council approve the initial Integrated Project Delivery (IPD) design contract with OZ Architecture in the amount of $814,759. PROPOSED MOTION: Motion to approve the Oz Architecture contract as described. CITY MANAGER Page 3 of 3 RESOLUTION # 8 (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE OZ ARCHITECTURE SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE INITIAL INTEGRATED PROJECT DELIVERY DESIGN OF BURLINGAME RANCH PHASE II AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and OZ Architecture, a copy of which agreement 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 agreement between the City of Aspen, Colorado, and OZ Architecture the initial integrated project delivery design of Burlingame Ranch Phase II, 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 February 8, 2010. Kathryn S. Koch, City Clerk pOSS ARCHITECTURE+PLANNING March 08, 2010 Mayor Michael C. Ireland City of Aspen 130 S Galena Street Aspen, CO 81611 RE: Burlingame Phase II Architect Selection Dear Mr. Mayor: On behalf of the Poss Burlingame Design Team including Poss Architecture + Planning, DHM Design, Lamont Planning Services, Sopris Engineering, Resource Engineering Group, Boulder Engineering, Wiss Janney Elstner, David L. Adams, Hydrosystems, and Poss Interior Design. Collectively we would like to express our appreciation for the opportunity to be apart of the Burlingame Ranch Affordable Housing project. While some members of our team have only been involved over the last two years a lot of us have been apart of this project going on six to seven years. We are quite proud of our work especially on Phase I and the subsequent work for the Construction Experts Group. While we are obviously disappointed that we will not be continuing on and fully realizing the vision of Burlingame Ranch through Phase II; we want to express our support for not only the affordable housing program but this project in particular. We believe that it is a truly special part of this community and forcefully expresses the values of this City. A part of those values lies in the passion with which the citizens of Aspen engage their government. The process that has unfolded over the last few weeks is an example of the best of this city in how it endeavors to ensure that the citizens are represented and we thank you for the opportunity to engage in that process. The analysis of staff has culminated in their assessment that the scope of services that our team proposed was the base scope of services, or "level of detail', that they had expected from each of the teams and that the Oz Team will in fact provide those services and more. While we firmly believe that our proposal was more inclusive of services, more specific in defining those services and more transparent in the allocation of staffing, effort and fees, we understand the desire of the City Council to move forward with the Oz Team. Thank you again, it has been a true honor to be able to give back to this community through our efforts on this project. Respectfully submitted, For the Poss Burlingame Design Team, 40�Stephen C.R. Holley, AIA LEED AP Principal 605 EAST MAIN STREET ASPEN, CO 81611 (t) 970/925-4755 (f) 970/920-2950 WWW.BILLPOSS.COM TO: FROM: DATE OF MEMO: MEETING DATE: RE: MEMORANDUM Mayor and City Council I Richard Pryor/Jim True 3/2/2010 ,. 3/8/2010 140% a - Code Amendment Regarding Chapter 12.08 of the Aspen Municipal Code, Solid Wastes, Wildlife Protection. PREVIOUS COUNCIL ACTION: In 2008 the Council amended the above referenced Chapter of the Code to provide more stringent requirements for wildlife resistant refuse containers. The changes that were made in 2008, along with extensive public education by the police department, have been for the most part effective in reducing the attractiveness of refuse containers to our indigenous bear population. However there remain some enforcement issues that could be remedied through additional changes to the Wildlife Ordinance. BACKGROUND: In 2009,.duting a very busy and taxing bear season several flaws were identified. The present code states that individuals in residential areas may set out garbage on the day of trash pick-up without the use of a wildlife resistant container. This has proven to create a significant problem in attracting and habituating bears to human food sources. The present code also states that refuse containers must have the street address and unit number permanently affixed to the container with digits no smaller than two inches in height. This puts the responsibility of maintaining a refuse container database on that of the Police Department, which is nearly impossible. And lastly, the present code states that at construction sites must have a designated container that receives refuse edible by wildlife. This container shall be either a wildlife -resistant refuse container or a container that is emptied at the end of each workday and then securely stored inside a trailer or building. Unfortunately a problem still exists at construction sites as to human food waste is being placed into roll -off dumpsters. DISCUSSION: The proposed ordinance changes include: That all refuse containers placed outside for day of pick service must be wildlife resistant. Wildlife -resistant refuse containers may be placed outside between the hours of 6AM and 7PM. This proposed change will eliminate bear access to human -food sources, thereby decreasing bear habituation. 2. Haulers operating within the city limits are required to identify each refuse container. The refuse container identification must relate back to the current client responsible for the container. This proposed change will greatly increase our ability to contact the responsible refuse container owner regarding issues of non-compliance or to resolve any damage as a result of a bear intrusion. 3. Must have a wildlife -proof refuse container in conjunction with on -site roll -off dumpster. This proposed change will minimize the possibility of food refuse being placed into a roll -off construction dumpster, thereby reducing the bears access to human -food sources. 4. This ordinance also clears up some other minor inconsistencies that existed in the Code. Included with these clarifications is a change to the definition of Wildlife -resistant dumpster enclosure proposed by Community Development after submission of the proposed ordinance for first reading. This was mentioned at the February 22nd Council meeting when all amendments to the code language had not been finalized. Finally, Section 4 of the Ordinance provides that it will be effective commencing June 1, 2010. This was believed appropriate to provide citizens with time to adequately comply. The Police Department with contributions from the City Attorney's Office, Environmental Health, and Community Development, developed these proposed changes. To ensure cooperation from area trash haulers, Police Department staff have communicated the proposed changes and extent of the bear problem to those businesses. CITY MANAGER COMMENTS: ° uc 1 G� ryvn R °�4� 4Y�t1^Etuc ivy f� a 4,, ... 2,j Page 1 of 1 Kathryn Koch From: Richard Pryor Sent: Monday, March 01, 2010 11:19 AM To: Kathryn Koch Subject: FW: Contact Attn: Assistant Chief Bill Linn Kathryn, I believe that you need this information to pass on to council? We will respond to the message. Thanks, Richard From: Helen Kalin Klanderud [mailto:solitude@rof.net] Sent: Monday, March 01, 2010 11:11 AM To: police web Subject: Contact Attn: Assistant Chief Bill Linn Dear Aspen Police Department, Last week, Assistant Chief Bill Linn presented a proposed ordinance regarding wildlife -resistant trash containers to the Aspen City Council. The ordinance would require all trash containers to be wildlife resistant. Currently I have a 32 gallon trash container that is kept in my garage until Tuesday morning when Waste Management picks up my trash. I then remove the container to the garage. Usually there is little or no food waste in my trash, but to discourage wildlife, I spray ammonia in the container. In 39 years, I never have had a bear episode. My current monthly bill for weekly pickup of a 32 gallon container is $22.00. Waste Management provides only 96 gallon wildlife -resistant containers. Weekly pickup for a 96 gallon container is $65.00. On a quarterly billing cycle that is $65.00 for a 32 gallon container and $195.00 for the 96 gallon container. This is a three -fold increase. On an annual basis, the difference is $264 v. $780. In addition, purchase of the wildlife -resistant container is $258.00. My practice regarding my trash is consistent with the current ordinance. The ordinance may require tweaking, but the financial consequences with the proposed ordinance is significant. Perhaps a less onerous burden on citizens with smaller trash requirements could be proposed. If ammonia actually works, it is far cheaper than what this ordinance will require. I know already of citizens who are taking their trash either to city or in some cases private containers. If there is a significant increase in costs to homeowners, this practice may proliferate. Thank you for your consideration Sincerely, Helen Klanderud solitude@rof.net 1380 Riverside Drive 925-2796 3/1/2010 ORDINANCE NO. 5 (Series of 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 12.08 OF THE ASPEN MUNICIPAL CODE, SOLID WASTE, WILDLIFE PROTECTION. WHEREAS, Section 12.08 sets forth the requirements for refuse containers designed for the protection of wildlife; and WHEREAS, since the initial adoption of certain amendments to the Code in 2008, additional problems have been encountered particularly regarding refuse left outside on the day of pick-up and refuse placed into construction containers; and WHEREAS, certain difficulties have been encountered in enforcement due to the lack of a data base regarding the containers themselves; and WHEREAS, the Community Safety Division of the Aspen Police Department be- lieves that amending the Code to more specifically address certain concerns that have been encountered since the last amendment will aid the city in addressing ongoing wildlife is- sues, particularly as they relate to frequent bear encounters; and, WHEREAS, the amendments to the Code are delineated as follows: • Text being removed is delineated with strikethrough. Text being removed leeks like this • Text being added is bold and underline. Text being added looks like this. • Text which is not highlighted is not affected; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The City Council hereby amends Chapter 12.08 to read as follows: The definitions and terms used in this Chapter are defined as follows: (1) Wildlife means any non -domestic mammal indigenous to the Roaring Fork Val- ley including but not limited to bear, deer, elk, raccoon, coyote, beaver, skunk, badg- er, bobcat, mountain lion, porcupine and fox. (2) Attractant means any substance which could reasonably be expected to attract wildlife or does attract wildlife, including, but not limited to, food products, pet food, feed, compost containing fruit, grain, or salt but shall not include recyclables. (3) Refuse mean any waste that could reasonably attract wildlife which includes, but shall not be limited to, kitchen organic waste, food, food packaging, toothpaste, deo- dorant, cosmetics, spices, seasonings and grease. Refuse does not include recyc- lables. (41424 Wildlife -resistant refuse container means a fully enclosed container that can be constructed of pliable materials, but must be reinforced to deter access by wildlife. The container must employ a sturdy lid that has a latching mechanism preventing access to its contents by wildlife. Wildlife Resistant Containers must meet the stan- dards of testing by the Living With Wildlife Foundation and approved by the Intera- gency Grizzly Bear Committee (IGBC) as bear resistant for 90 minutes or otherwise be approved by a City -designated official. (Ord. No. 27-2005, § 1; Ord. No. 8-2008) (5) (3) Wildlife -resistant dumpster enclosure means an enclosed structure consisting of four (4) sides and a secure door or cover, which shall have a latching device of sufficient design and strength to prevent access by wildlife. The enclosure shall not be larger than necessary to enclose the trash receptacles, shall not be attached to an historic structure, shall not be located in a public right-of-way and shall be located adjacent to the alley where an alley borders the property. Wildlife -resistant dumpster enclosures located in commercial, mixed -use, or lodging zone districts shall comply with zone district requirements for Utility/Trash/Recycle areas. Wildlife -resistant dumpster enclosures located on residential properties shall be exempt from floor area and setback requirements of the zone district regulations if the enclosure is the mini- mum reasonably necessary for this function in both height and footprint, is an un- conditioned space not integrated with other structures on the property, and serves no other purpose such as storage, garage space, or other purposes unrelated to protecting wildlife. the Comm reial Core (CC) and the G,.., me..eial it 1) Zoning Dist fiets are r-equire to a pl with C'..1...e,.ti..«.. 76 710 140 rl 6 and 76 710.150.D.6, as ppli eable. An enclosure of less than one hundred twenty (120) square feet shall not re- quire a building permit ^- Community Development re e A; however, plans for the dumpster are required to be reviewed and approved by a City Community Safety Of- ficer or an Environmental Ranger prior to the commencement of construction. An enclosure of one hundred twenty (120) square feet or larger requires a building per- mit. (6) Wildlife proof refuse container means a fully enclosed metal container with a metal lid. The lid must have a latching mechanism, which prevents access to the contents by wildlife. Wildlife -proof refuse containers must meet the standards of testing by the Living With Wildlife Foundation and a "passing rating by the Interagency Grizzly Bear Committee (IGBC) as bear resistant for 60 minutes or otherwise be approved by a City -designated official. (7) (4) Outdoor Gathering Sigeeial even means an outdoor event gathering such as a concert, conference or festival. (8) (54 Enforcement officer means any Aspen Police Officer, Community Safety Of- ficer, Environmental Ranger or City -designated official. (9) (6)-Refuse container means any trash can, dumpster or similar device used for the collection and storage of solid waste but shall not include cans intended only for con- taining recyclables. Sec. 12.08.020. Wildlife resistant refuse containers or enclosures required. A. No owner or person in charge of a property shall cause or allow the creation of or maintain a wildlife accessible refuse container or attractant outside on that property or the adiacent right-of-way at any time. A, B. Any refuse container left outside a house, garage, or other enclosed building which is accessible by wildlife, regardless of size, that receives refuse which is edible by bears or other wildlife shall be either: (1) An approved wildlife -resistant refuse container; or (2) An approved wildlife -resistant dumpster enclosure. (3) An approved wildlife -proof refuse container. B. C. Any trash hauler who provides a refuse container to a city customer shall only pro- vide wildlife -resistant refuse containers, wildlife -resistant dumpsters or wildlife -resistant poly carts, which meet the requirements set forth herein or is approved by a City - designated official. Sec. 12.08.030. Maintenance and operation of wildlife -resistant refuse containers and dump- ster enclosures. A. Wildlife -resistant -refuse containers and dumpster enclosures must be kept closed and secure when refuse is not being deposited. B. If a container or enclosure is damaged, allowing access by wildlife, repairs must be made within seventy-two (72) hours after written notification by a City -designated offi- cial. C. Providers are required to display their business name on all receptacles they pro- vide within the City. D. Providers are required to permanently affix each individual refuse container with a unique identifying number or code. E. Providers must maintain a database that relates the refuse container number or code to the current name and address of the client responsible for that container. The provider must make this database immediately available to any designated City of Aspen enforce- ment official. Vec. 12.08.040.Residential i i - ._ A. Any refuse container left outside a house, garage, or other enclosed building which is accessible by wildlife, regardless of size, that receives refuse which is edible by bears or other wildlife shall be either an approved wildlife -resistant refuse container or an approved wildlife -resistant dumpster enclosure or an approved wildlife -proof refuse container. B. Residents with curbside pick-up shall place only wildlife -resistant refuse containers or an approved wildlife -proof refuse container at the curb, alley, or public right of way at or after six o'clock (6:00) A.M. on the morning of scheduled pick up. After pick up, all con- tainers must be removed from the curb, alley or public right of way by seven o'clock (7:00) P.M. on the same day. C. Other household waste that cannot reasonably be considered "refuse" or an "attractant" as defined in this chapter, including, but not limited to: non -edible yard maintenance waste, household items, recyclables, and cardboard, shall not require the use of wildlife resistant or wildlife proof containers when not commingled with refuse or any other attrac- tant. Sec. 12.08.050. Outdoor gathering Speeial-event refuse disposal. Outdoor gatherings i�sites shall be kept free from the accumulation of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited in wildlife -proof ran containers or enclosures or be removed to an appropriate disposal site. See. 12.08.060. Feeding of wildlife. A. No person shall knowingly leave or store any refuse, food product, pet food, grain or salt in a,manner which would constitute a lure attraction or enticement of wildlife. B. Bird feeders are allowed. However, between the dates of April 15th and Novem- ber 15th, all feeders must be suspended on a cable or other device so that they are inaccess- ible to bears and the area below the feeders must be kept free from the accumulation of seed debris. Sec. 12.08.070. Construction site refuse disposal. All construction sites must have a separate specifically designated container that receives refuse edible by wildlife. This container shall be a wildlife -proof refuse container. 40"arkday and then n rely mooed inside a trailer... h..ilai+rt Section 2: 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 3. Existing Litigation. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4. Effective Date. This ordinance shall be effective as of June 1.2010. Section 5. Notice A public hearing on the ordinance was held on March 8, 2010, in the Aspen City Council Chambers, 130 S. Galena St., 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 22nd day of February 2010. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this day of 2010. ATTEST: Michael C. Ireland, Mayor APPROVED AS TO FORM: Kathryn Koch, City Clerk John Worcester, City Attorney MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Sara Adams, Senior Planner THRIJ: Chris Bendon, Community Development Director MW DATE OF MEMO: February 24, 2010 MEETING DATE: March 8, 2010 RE: 211 West Hopkins Avenue, Ordinance 948 negotiation process, Second Reading of Ordinance 29, Series of 2010. REQUEST OF COUNCIL: Council is asked to use the information provided to determine the significance of 211 West Hopkins Avenue and, subsequently, to determine what benefits to offer the property owner in exchange for landmark designation. BACKGROUND: The owners of 211 West Hopkins Avenue submitted a demolition permit on Feb 27, 2009 which triggered the Ordinance #48 review. Staff provided the applicant with an analysis of existing benefits available to landmark properties to illustrate the advantage of landmark designation (Exhibit B.) At this time, the owners prefer to proceed with obtaining the demolition permit and are requesting a 10 year vesting period. The 2009 permit is the 4th demolition permit applied for this property since 2001. The property owner's representative, attorney John Kelly of Oates, Knezevich, Gardenswartz & Kelly, P.C., indicated that the owners are not interested in changing the property at this time. They are concerned about the uncertainty around historic preservation regulations for Post World War II properties in Aspen, and prefer to have a 10 year vesting period for the pending demolition permit. As part of the 90 day negotiation, HPC discussed this issue on November 11, 2009. After an extensive discussion of the property's merits, HPC voted 4 to 0 to recommend that Council negotiate for landmark designation of the property. HPC recognized that 211 West Hopkins Avenue is the best example of the Pan Abode style in Aspen, and as such, recommended that Council pursue every possible avenue to ensure preservation of this property. HPC unanimously requested that the applicant commit to not demolishing the building for the first 3 years of the 10 year vesting for the demolition permit to allow more time for discussion. The Trust that owns this property agrees not to demolish for three years after approval of the Ordinance, so long as the current executor is living. 211 West Hopkins Avenue Ordinance #48 negotiation Ordinance 29, Series of 2009 2/25/2010 Page 1 of 6 HPC also requested that the City receive a few months notice before the owners act on the demolition permit to possibly relocate the building; the owners are amenable to this condition and agree to commence a new 90 day negotiation period before the demolition permit is acted upon. LAND USE REQUESTS AND REVIEW PROCEDURES: Council is asked to decide whether this property's significance warrants negotiations with the property owner for its preservation. The criteria for designation are listed below and staff s analysis follows. 26.415.030.B. 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. The significance of properties will be evaluated according to the following criteria. When designating an historic district, the majority of the contributing resources in the district must meet the criteria described below: 2. A property or district is deemed significant as a representation of Aspen's 201h Century history, was constructed in whole or in part more than thirty (30) years prior to the year in which the application for designation is being made, possesses sufficient integrity of location, setting, design, materials, workmanship and association and is related to one (1) 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 contribution to local, state, regional or national history is deemed important and the specific contribution is identified and documented, or 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 FINDINGS: 211 West Hopkins Avenue is a Pan Abode manufactured log home built in 1956 for Clyde Nervell. Manufactured log kit homes gained popularity in Post - War Aspen because they were cheap, quickly constructed buildings that were typically used as vacation homes and offered through salesmen. Manufactured "log" cabins were indicative of American's romanticized image of the Wild West that was fueled by series like the Lone Ranger (1933 - 1954) and Davy Crockett (1955.) Exhibit C outlines the Rustic Style and Exhibit D is a timeline to provide national and local context. Examples of Pan Abode homes built in Aspen in the 1950's and 1960's are shown below (the photograph below is 211 West Hopkins Avenue.) 211 West Hopkins Avenue Ordinance #48 negotiation Ordinance 29, Series of 2009 2/25/2010 Page 2 of 6 :A4 1 Staff finds that designation criteria a and are met. 211 West Hopkins Avem represents the pattern of Aspen's ear skiing development. It visually cone; the simplicity of vacation homes ai modest housing that was desirable in tl 1950s as a lifestyle. After WWII and through the 1950s, the middle and upper middle class was quickly expanding. The growing efficiency of the industrial assembly line provided good - paying jobs and affordable products. By the late `50s, most Americans owned an automobile that enabled them to travel vacations. Many traveled to the romanticized West, the home of cultural icons such as the Lone Ranger (on the radio between 1933 — 1954), John Wayne's many movies, Ansel Adams' photography and the legend of Davy Crockett. T They were traveling and staying in motels on Rte. 66 and National Forest visitor cabins, but they were also beginning to buy vacation homes in places like Aspen. Not only were Pan Abodes affordable and easily transported, they reflected the romanticized western log cabin, and they were simple enough to build with your son — it was a life-sized version of 211 West Hopkins Avenue Ordinance #48 negotiation Ordinance 29, Series of 2009 2/25/2010 Page 4 of 6 one of the most popular toys of the era, Lincoln Logs. Pan Abodes were a symbol of the rugged, utilitarian, do-it-yourself independence of the west. Bunk out in a cabin and spend most of your time outside fishing, hiking, hunting or skiing — an adventure away from suburban life. The building efficiency and transportability of the log kits made the building system attractive for both Aspen residents and clients such as the Aspen Skiing Company. Numerous on -mountain structures still in place today, including restaurants and warming huts, are Pan Abodes. Some Braun huts are Pan Abode as well. Within the City of Aspen, Pan Abodes were constructed as primary homes, second homes/rental units, lodges, and apartment buildings. Aspen's Pan Abodes of the `50s and `60s in some ways illustrate the end of construction of modest sized residences, particularly small vacation homes. The Pan Abode company is still in business in Canada and in Washington State, however there are obvious differences between the scale and mass of the 1950s and 60s version and the Pan Abode super -sized "cabins" available today. To staff's knowledge, few or no Pan Abodes have been built in Aspen since the 1970s. Staff finds that Pan Abodes are very significant in representing both national and local culture from the 1950s and 1960s, and play an important role in the evolution of Aspen's culture and built environment from modest vacation resort to mountain mansions and a destination for the wealthy. ,, In Staffs opinion, 211 West Hopkins is our best example of a Pan Abode home in Aspen. The setting, detailing, materials and modest design clearly represent the rustic style and the lifestyle of Aspen in the 1950s. There appears to be a one story addition at the rear of the structure. The original details and typical window configuration appear to be intact. The property received an integrity score of 95 points out of 100, where 75 points is the threshold for designation of Post World War II properties. It is important to note that there are only about fifteen (15) Pan Abode/manufactured log homes left in Aspen and the majority of them have incompatible additions. Three (3) of the fifteen (15) are designated landmarks and the remaining twelve (12) are unprotected. STAFF CONCLUSION: Staff and HPC both identify this property as the best example of Pan Abode in Aspen; however the property owners are not interested in developing their property at this time and in turn are not interested in any available incentives. The uncertainty around preservation of Post WW II structures prompted the owners to apply for a demolition permit to ensure that the future of the building is in their hands should the program change in a way that they do not agree. Allowing a 10 year vesting period for the demolition permit takes the pressure off of the property owners to make a decision about their property now and provides the City time to resolve the preservation of Post War structures. This negotiation unfortunately does not propose landmark designation of this structure; however it does buy the City more time to work with the owners for future 211 West Hopkins Avenue Ordinance #48 negotiation Ordinance 29, Series of 2009 2/25/2010 Page 5 of 6 preservation and leaves the door open for another negotiation with Council before actual demolition. STAFF RECOMMENDATION: Staff finds that this property is vital to telling the story of Aspen's Post World War II history and recommends a 10 year vesting period for the demolition permit to allow ample time for Staff to work with the owners to hopefully reach an agreeable solution that preserves the property for the community and satisfies the needs of the owners. Staff also recommends that the property owner agree to notify the City 90 days prior to acting on the demolition permit. PROPOSED MOTION: "I move to approve Ordinance # 29, Series of 2009 on second reading granting a 10 year extension for the demolition permit #0013.2009.ARBK with conditions." CITY MANAGER COMMENTS: EXHIBITS: A.) Drawings and photographs of 211 West Hopkins Avenue. B.) Property analysis of landmark benefits for 211 West Hopkins Avenue. C.) Rustic Style Context Paper. D.) Rustic Style Timeline. E.) Rustic Style Integrity Score Sheet. F.) Letter from owner's representative. 211 West Hopkins Avenue Ordinance #48 negotiation Ordinance 29, Series of 2009 2/25/2010 Page 6 of 6 ORDINANCE #29 (Series of 2009) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO TERMINATING ORDINANCE #48, SERIES OF 2007 NEGOTIATIONS FOR LANDMARK DESIGNATION OF 211 W. HOPKINS AVENUE, LOTS F AND G, BLOCK 53, CITY AND TOWNSITE OF ASPEN, COLORADO WITH CONDITIONS PARCEL ID: 2735.124.63.003 WHEREAS, Vaughn Capital Partners L.P., a Delaware Limited Partnership, whose address is 11414 Marple Avenue, Hebron, Illinois, 60034, represented by attorney John Kelly of Oates, Knezevich, Gardenswartz & Kelly, P.C., has applied for a building permit to demolish the house located at 211 W. Hopkins Avenue, Lots F and G, Block 53, City and Townsite of Aspen, Colorado. Under the provisions of Ordinance #48, Series of 2007, Vaughn Capital Partners L.P. subsequently consented to a ninety day review and negotiation of potential historic significance of the subject house. The negotiation period was extended thrice, with the owner's consent; and WHEREAS, Section 26.415.025 (e) of the Municipal Code states that "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the Potential Historic Resource. The property owner shall be provided notice of this meeting with the Historic Preservation Commission;" and WHEREAS, the property owner was notified of the Historic Preservation Commission meeting; and WHEREAS, Sara Adams, performed an analysis of the building and found that the criteria for landmark designation are met; and WHEREAS, at their regular meeting on November 11, 2009, the Historic Preservation Commission considered the application, found that the subject property is the best example of the Pan Abode style in Aspen, and approved a motion to recommend Council pursue negotiations for landmark designation by a vote of 4-0. WHEREAS, the City Council finds that negotiation for landmark designation may be appropriate, but are premature without any development plans or proposal from the applicant for incentives that would deter demolition or alteration; and, WHEREAS, the City Council finds that this Ordinance to terminate negotiation with conditions furthers and is necessary for the promotion of public health, safety, and welfare. 211 W. Hopkins Avenue Ordinance No. 29, Series of 2009 Page 1 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Ordinance #48, Series of 2007 Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Aspen City Council hereby grants the following: 1. Council hereby authorizes Permit 40013.2009.ARBK for the demolition of the house, to be processed for issuance by the City of Aspen Building Department. The permit shall be available for issuance for a period of 10 years from the effective date of this Ordinance. Howard A. Vaughn, Jr, of Vaughan Capital Partners L.P., commits to not demolishing the house for a three year period from the effective date of this Ordinance. The agreement to not demolish for three years only remains valid as long as Mr. Vaughn is alive. 2. Prior to issuance of Permit 40013.2009.ARBK, the owner shall provide written notification to the Community Development Director, by certified mail. Receipt of the letter shall commence a new ninety (90) day negotiation period. Within the ninety day negotiation period the following shall occur: a. The Community Development Director shall offer to meet with the property owner to discuss the City Historic Preservation Program and development and other benefits that the property may be eligible to receive upon designation as a Historic Landmark. The applicant will be asked to consider other alternatives to acting on the remodel or demolition permits, and to identify incentives that would deter the demolition. Based on the conversation with the owner, the Community Development Director may waive the requirements of b and c, below. b. The applicant will be asked to meet with the Historic Preservation Commission during a public meeting to discuss alternatives to remodeling or demolition, and the appropriateness of any incentives that the applicant requests. HPC shall make a recommendation to City Council, whether the applicant participates in the meeting or not. c. The applicant will be asked to meet with City Council during a public meeting to discuss alternatives to remodeling or demolition, and the appropriateness of any incentives that the applicant requests. City Council may negotiate directly with the property owner or may choose to direct the Community Development Director or other City staff as necessary to negotiate with the property owner to reach a mutually acceptable agreement for the preservation of the Resource. The City Council may choose to provide this direction in Executive Session pursuant to State Statute. As part of the mutually acceptable agreement, the City Council shall require that the property be designated as a Historic Landmark pursuant to the standards and limitation of the Municipal Code. Council may grant incentives by adopting an Ordinance at a public hearing. Council may also direct HPC to grant incentives that are within their own purview. City Council, at its sole discretion, may choose to 211 W. Hopkins Avenue Ordinance No. 29, Series of 2009 Page 2 of 4 terminate negotiations at any time. Upon the passage of 90 days, or any mutually agreed upon extension thereof, or upon Council's termination of the negotiation, if the City and the property owner have failed to reach a mutually acceptable agreement, Permit #0013.2009.ARBK shall be issued. 3. Upon issuance, Permit #00 1 3.2009.ARBK shall be valid for a period consistent with the Building Code in effect at the time of issuance. 4. It is expected that the owner will cooperate in good faith with any efforts to relocate the building in lieu of demolition. Section 2: 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 3: Existine Litieation 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: Public Hearine A public hearing on the ordinance shall be held on the 8`h of March, 2010, 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, mailed to property owners within three hundred (300) feet and posted on the property. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 7`h day of December, 2009. ATTEST: Kathryn Koch, City Clerk [signatures on the following page.] Michael C. Ireland, Mayor 211 W. Hopkins Avenue Ordinance No. 29, Series of 2009 Page 3 of 4 FINALLY, adopted, passed and approved this 8`h day of March, 2010. ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney Michael C. Ireland, Mayor 211 W. 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C ,n 9 ti" 9 E Q °� O p U O O LO t p r a y E E d o o w o h e e e wy h ¢ d eu E C Q 0 7 E i O O 7 E O E A 9 6 W r E y �' E ? `° k w 40 F L Q F v y v E. n. y w w r O � O p O 'fl O U C a y a 7 O N L pz N C Y C C � O Ei E L O �y O � F � s en 0 co � C= N 7 C O ro r un 3 0 9 'Y �x L E "> - o a �u ¢ R y � Q O 'O L O O U ti r-1 ASPEN'S 20' CENTURY ARCHITECTURE: RUSTIC STYLE BUILDINGS The Rustic Style of architecture was symbolic of early 20u' 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 larger 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 Park Service, the style became a cornerstone of the NPS's belief that "buildings should blend in with their natural surroundings"Z and that "natural settings could influence architecture.s3 The majority of entryways, information centers, and guest lodges that were built in the Parks throughout the country in the first decades of the 20a' century were log and stone buildings constructed in what came to be known as the "National Parks 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.s4 Grand Lake Lodge, built in 1925 Sumers Lodge, a vacation home in Glenwood Springs, built in 1935 Hand -in -hand with the growth of the National Parks Service was the development of resort areas 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 Parks. Rustic style "represented an early 20a' century movement m 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 7a' 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 'Carley, Rachel, "Cabin Fever: Rustic Style Comes Home" 2 Rocky Mountain National Park, Home Page, Historic Buildings ' Kaiser, Harvey H., Landmarks in the Landscape, 17 4 Harrison, Laura Soulliere, Architecture in the Parks, National Historic Landmark Theme Study, 1 5 Colorado Historical Society Home Page b Throop, E. Gail, "Rustic Architecture: Period Design in the Columbia River Gorge" 1 the "chalet" misnomer— as they are, 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. 300 W. Main Street, residence built in 1944. WPA Bell tower, built in the 1930's and shown here after Swiss Chalets, 435 W Main Street, built circa 19t0'.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 Park Service, who managed the WPA program and the design of all its projects. The Park 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 " 7 its relocation to Paepcke After the Second World War, looking to the past— and in Parkin 1954. It was particular, the American past— was the result of a nation turning reconstructed in 1990. inwards, 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 unparalleled 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 1960'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.s8 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.s9 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 spirif"0 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 early 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 "archetype for the beginning of tourism in the post -World War II American West."" The effort to create a cultural and artistic haven, and year-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/early 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 Street, built circa Inte 1940's/early 1950's 'Rothman, Hal K., Devil's Bargains — Tourism in the Twentieth -Century American West. 202 9 Rothman, 14 0 Carley Rothman, 207 12 Rothman, 213 13 Gilbert, Anne M., Re -Creation through Recreation: Aspen 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 year-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 stars), the city began to transform itself into a premiere, year round resort, and many people "chose to move to or build vacation homes in Aspen."15 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 January, 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 dollars or so on some abandoned property. You went to a swank new real estate office and paid through the teeth, several thousand dollars. 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."16 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 211 West Hopkins Street ,a Parr abode built in manufacturer that specialized in log cabins. After 1956 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 14 Rothman, 223 t5 Gilbert, 72 16 Bancroft, Carolyn, Famous Aspen 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." 17 To be eligible for historic designation, Aspen's examples of Rustic Style architecture should have the following distinctive characteristics: • Hand built structures that are 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 a low-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 are spare and usually horizontally proportioned, wood trim is used to finish out the window openings. • Building plans are simple rectangular forms, with smaller additive elements. • The roof springs from the log wall, and gable ends are often inftlled 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. 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 early 1970's. As land became more valuable, the era of the small vacation cabin came to an end, and custom-built homes were far 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 popularity. 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 Planes, it was found that the number of second homes had significantly increased, and that the size of these second homes was particularly large compared 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 8 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 architectural, historical, or geographical importance, for simple, small scale, Rustic Style buildings as roughly 1970. With regard 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 characteristics 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. Deep Powder Lodge The Castle Creek CabinslWaterman Cabins, once located at 7" and Hallam Streets Sunset Cabins, once located near 7 s and Main Streets Bibliography Aspen Area Community Plan, 1993, Aspen, Colorado Bancroft, Carolyn, Famous Aspen. Carley, Rachel, "Cabin Fever: Rustic Style comes Home" September 1998, www.uniquerustigue.com/history Colorado Historical Society Home Page, Guide to Colorado Architecture, www.coloraohistorv- oahp.org/guides Directory of Colorado State Register Properties, www.coloradohistoEy-oaht).org/i)ublications Gilbert, Anne M. Re -Creation through Recreation: Aspen Skiing from 1870 to 1970, 1995. Aspen Historical Society, Aspen, Colorado Harrison, Laura Soulli6re, Architecture in the Parks: A National Historic Landmark Theme Study, National Park Service, Department of the Interior, November 1986 htty://www.cr.pps.-ov/histoU/online books/harrison Kaiser, Harvey H., Landmarks in the Landscape, California: Chronicle Books, 1997. Rocky Mountain National Park, Home Page, Historic Buildings hM://www.nps.gov/romo/resources/historv/historic.html Rothman, Hal K., Devil's Bargains — 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.gov/archive/18-5/18-5-4.pdf. d Y D _ 0 �a gg a P C C � O `g o c N q E= ry a i mo £d c 12 Z Q 'n N V O b N= O q� p- C• 4 t O o o --_ of m V a Cv S E; ¢ NN � .. O Y -- C q C LL` P O C N y = O A C O P D T O c c •- V O N E. W Ep N m o 3 E 3 v L m .e= s •-yE Oa v E i ;8 ME. � n c3Y 9a EB qN c a` EC qC Y� p y�v yB £a�rE�Mg ��g,EsaOBe� a� P z'_"kn�B.2 aqb ^' o °Epz i w4 N co_ N ai ° -occ V CCM O j° L C ul O a VI Ea'0 o�E o�E mnhE rn a A_'D'� m q E O NL V OQ o.. S nErs S=cE C ca W J V D C� O LL W F— z O V J Q z T � y P 0 L Exhibit E Rustic Style Integrity Assessment INTEGRITY ASSESSMENT- RUSTIC Integrity is the ability of a property to convey its significance. • LOCATION Location is the place where the historic 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 dissimilar to its original site. TOTAL POINTS (maximum of 5) = 5 points • 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 response: 6- A small one story addition appears to have been added at the rear in the Pan Abode style. 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 response: 10- the gable roof form is unchanged. SCALE 5 - The original scale and proportions of the building are 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. Exhibit E Rustic Style Integrity Assessment Staff Response: 4- an addition is located at the rear of the building, but the scale remains largely unaffected. DOORS AND WINDOWS 10- The original door and window pattern are intact. 8- Some of the doors and windows are new but the original openings are 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 Response: 10- the door and window pattern and openings are intact, but it is difficult to tell if the units were replaced. CHARACTER -DEFINING FEATURES/SPARE QUALITY OF THE DESIGN 10- 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 spare. 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 Response: 10- the form and features are consistent with the Rustic style. TOTAL POINTS (maximum of 45) = 40. • SETTING Setting is the physical environment of a historic property. 5- The physical surroundings are similar to that found when the structure was originally constructed. 3-There are minor modifications to the physical surroundings. 0- The physical surroundings detract from the historic character of the building. TOTAL POINTS (maximum of 5) = 5. The setting, including trees, walkway and setbacks is unchanged. 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. Exhibit E Rustic Style Integrity Assessment EXTERIOR SURFACES 15- The original exterior wall materials (log, wood siding, and stone) and the decorative trim materials are 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 Response: 15 — the exterior materials appear to be original. DOORS AND WINDOWS I O-All or most of the original doors and windows units are 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 Response: 10- the doors and windows appear to be original. TOTAL POINTS (maximum of 25) = 25. 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 character. 5- Detailing is discernible such that it contributes to an understanding of its stylistic category. 0- New detailing has been added that confuses the character of the original structure. 0- The detailing is gone. Staff Response: 15- the original detailing is intact. FINISHES & COLOR SCHEME 5- The natural finishes and color scheme that define the Rustic style are intact Exhibit E Rustic Style Integrity Assessment 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 Response: 5- the finishes and color scheme that defines the Rustic Style is intact. TOTAL POINTS (maximum of 20) = 20. 95 Total Points MAXIMUM NUMBER OF POINTS= 100 MINIMUM THRESHOLD FOR DESIGNATION= 75 POINTS 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. LEONARD M. OATES RICHARD A KNEZEVICH TED D. GARDENSWARTZ DAVIDB. KELLY MARIA MORROW OF COUNSEL. .IOHN T. KELLY STEPHEN R. CONNOR ANNE MARIE MOPHEE WENDYC FOSTVEDT SARAH M. OATES LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 E. HOPKINS AVENUE ASPEN, COLORADO, 81611 November 5, 2009 Historic Preservation Commission, City of Aspen Ms. Sara Adams 130 S. Galena Aspen, CO 81611 Re: 211 West Hopkins, Vaughan Family Trust Dear Sara: TELEPHONE I WO) 920-1700 FACSIMILE (970) 920-1121 Jig@Okgl. com VIA HAND DELIVERY This office represents the 2004 Vaughan Family Trust dated April 21, 2004 ("Trust"). The purpose of this letter is request that our client have a ten year vesting period for the demolition permit currently on file with the Building Department. Initially we would point out that the Vaughan family has negotiated in good faith with the HPC staff for many years. We have actually received four demolition permits (including extensions) and have yet to take any steps towards demolition. In addition I would point out that our client does not want to demolish the property at this time, for both financial and personal reasons. For the foreseeable future their current desire is to keep the house as it is. In addition, the Trust is not in the position to redevelop the property or expend the significant funds necessary to design and gain an approval for plans pursuant to HPC guidelines. On the other hand, as a Trust, the Trustee does not want the property locked in to some yet to be determined historic ordinance. Granting the ten year vesting on the demolition permit has benefits to the City (staff wants the structure preserved) and gives the owner the ability to enjoy its property without having to resort to the unwanted alternative of demolition, which is not our client's current desire or intention. Thank you for your kind consideration in this matter. Very Truly Yours, OATES, KNEZEVICH GARDENSWARTZ & KELLY, P.C. By John T. Kelly, Attorney for the 2004 Vaughan Family Trust JTK/bab Macintosh HD:LMOASST- Data :I Clients Vaughan, Howard:Lh- to Adams 11.509dm MEMORANDUM V1 I 1c, TO: Mayor Ireland and Aspen City Council THRU: Jennifer Phelan, Community Development Deputy Directo&�' FROM: Jessica Garrow, Long Range Planner: MO RE: 1450 Crystal Lake Road — Final SPA, Final PUD, Final Timeshare, Multi -Year Growth Management, Rezoning, and Subdivision Reviews Second Readin:r, Ordinance No. 2, Series of 2010 continued from 2/22/2010 MEETING DATE: March 8, 2010 APPLICANT /OWNER: Aspen Club and Spa, LLC REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: 1450 Crystal Lake Road — Lot 15 of the Callahan Subdivision CURRENT ZONING: RR/PUD (Rural Residential) zone district with a Planned Unit Development (PUD) Overlay SUMMARY: The Applicant requests final PUD, final SPA, final Timeshare, Growth Management Reviews, Stream Margin Review, Rezoning, and Subdivision Review in order to develop 20 timeshare units, 12 affordable housing units, and 132 parking spaces on Lots 15 and 14A (the existing 35 spaces on Lot 14A will not change as part of this application) of the Callahan Subdivision. STAFF RECOMMENDATION: Staff recommends City Council require the Applicant to eliminate or relocate units 5 & 6 prior to granting approval. P&Z RECOMMENDATION: The P&Z voted 4:2 in favor of the application. They approved 12 affordable housing growth management allotments and a stream margin review. They recommended the City Council approve the other land use reviews. Photo: Aspen Club building and location. Aspen Club Council Second Reading — 3/8/2010 Page 1 of 5 NOTE: Staff has attached new Exhibits to this memo. Exhibits that were part of the first three packets (first reading on 1/11/2010 and second readings on 2/8/2010 and 2/22/2010) are not being attached again. Please contact Jessica Garrow if you need an additional copy of these exhibits. The Public Hearing was continued to March 81h. There are some items on that Council agenda that may require a fair amount of time and consideration. If Council does not believe they can hear the Aspen Club Application on March 81h, staff recommends that the Public Hearing be continued to March 9`h. March 91h is a regular work session night, but there are no items scheduled for that night. COUNCIL QUESTIONS: At the February 22"d public hearing, City Council asked the Applicant to address a number of issues and questions when they returned to Council. These issues are outlined below and the Applicant's response to these issues is attached as Exhibit Z.1. 1. How will the Applicant ensure that the Club is open to and accessible by local residents? a. The Applicant has proposed language to the Ordinance (new Section 23, Accessibility of Club Membership) that would require at least 50% of the Club's members be local residents. Local residents are defined as individuals living in the Roaring Fork Valley at least 6 months of the year. The Club would be required to provide an annual audit to the City indicating that they have or have not met the requirement. If they do not meet the requirement, they have 1 year to come into compliance. If they are not in compliance for 2 years in a row then all full-time City of Aspen employees would receive a free membership to the Club until such time as they are in compliance with the 50% requirement. The City of Aspen memberships would not count toward the 50% requirement. There is no reference to pricing as part of the Applicant's proposed language. 2. The Applicant needs to be clearer in their commitment for re -investment in the Club. a. The Applicant has proposed language to the Ordinance (new Section 24, Club Reinvestment) that requires a minimum of $5 million be re -invested in the Club building. Verification would be provided to the Building Department prior to issuance of the Certificate of Occupancy (CO). The CO will not be issued until the Applicant has met the $5 million requirement. The Building Department has reviewed this language and believes it will be enforceable. 3. How will the Club address the issue of re -investment over the years? a. The Applicant has not addressed this issue as part of proposed Ordinance language, but they will address this issue at the Public Hearing. 4. What happens if the Applicant does not meet their energy commitments? How are they held responsible? a. The Applicant has committed to holding their energy use after completion of the project to today's levels, or to reduce net energy usage. The Applicant worked with Resource Energy Group to calculate their current energy usage. The three year average is 18,600 million BTUs per year, or 240 BTUs per square foot of the existing building. The energy usage of the new development (club building, Aspen Club Council Second Reading — 3/8/2010 Page 2 of 5 timeshare units, and affordable housing units) will be required to be equal to or less than these numbers. Resource Energy Group provided a report on how the Applicant can meet the energy goal. This report is in the Applicant's Appendix D, Exhibit 2, and has been attached to the Ordinance as Exhibit C. The Applicant and City Planning, Building, and Canary staff have agreed on a tracking mechanism for this commitment. The tracking mechanism requires a combination of yearly reports and audits for five (5) years, beginning after a CO is issued. The Applicant will be required to submit a report of energy usage one year and two years following Certificate of Occupancy. If the report shows that the Applicant is not meeting their stated energy goal, then they will be required to put money into an escrow account that can be used in future years for on -site systems to improve energy efficiency. The amount of money required for the deposit will be determined by converting a percentage of the Club's current BTU usage into the prevailing market rate for the Canary Tags needed to offset the current energy usage. Formal audits would be completed after the third, fourth, and fifth years using the three previous year's average energy usage. If the Applicant does not meet the energy goal in any of those years, they must make improvements to the property to bring it into compliance. The Applicant may use the money in the escrow account to help pay for the on -site improvements. The auditing requirements will be extended by a year for each year the Applicant does not meet the energy goal in year five and after. If the Applicant reaches the goal in year five, the auditing requirement will be lifted. This language has been incorporated into the Ordinance (see new Section 22, Energy Commitments). 5. What financial assurances can the applicant provide regarding Project completion? We do not want to have a situation where there is a partially completed project and an/or an empty hole in the ground. a. The Applicant has proposed changes to the language in Section 5 of the Ordinance, Financial Assurances. This language requires that prior to receiving a Building Permit, the Applicant must provide evidence to the City Attorney and Building Department that there is sufficient funding to complete the project — including all proposed infrastructure improvements. The Applicant will provide a Completion Bond that is reviewed and approved by the City Attorney and Building Department. The Completion Bond will provide the funds necessary to complete the project, including infrastructure improvements. These changes have been incorporated in the Ordinance. REFERRAL AGENCY COMMENTS: The Applicant has provided a copy of language related to Financial Assurances & a Completion Bond to the City Attorney. The City Attorney believes the language addresses Council concerns related to completion of the project. The Chief building Official has also reviewed the language. The Applicant has met with City Planning, Building, and Canary staff regarding the Energy Commitments, and all have agreed to the language incorporated into the Ordinance. Aspen Club Council Second Reading — 3/8/2010 Page 3 of 5 ORDINANCE CHANGES: There have been a number of changes made to the Ordinance. These have been done in "track changes," so deleted text is in red s*r'� ,i et rough and added text is in arecn underline. The changes are summarized as: • Amended language in Section 5, Financial Assurances related to a Completion Bond. • A new Section 22, Energy Commitment that outlines the tracking of the energy commitments. The Applicant's baseline Energy Study has been included as Exhibit C of the Ordinance. • A new Section 23, Accessibility of Club Membership that includes the Applicant's commitment that 50% or more of the Club memberships will be local residents (defined as anyone who lives six (6) or more months in the Roaring Fork Valley. • A new Section 24, Club Reinvestment that requires at least $5 million be re -invested into the Club Building. • A new Section 25, Reporting Requirements, that outlines all the reporting requirements contained in the Ordinance. This section was added to streamline the reporting efforts by requiring one report, rather than a number of individual reports. P&Z RECCOMENDATION: The P&Z recommended approval of the project by a vote of 4:2. STAFF RECOMMENDATION: At this point and time, staff recommends City Council require the Applicant revise their plans prior to any approvals. Specifically, staff recommends the applicant: • Eliminate or relocate units 5 and 6 from the site plan. • Revise the landscaping plan to consolidate the paved areas so it fits in better with the rural nature of the area. • Provide more detailed information on the programming elements of the proposal. • Provide a more detailed drainage plan that meets Engineering Department Standards. PROPOSED MOTION: "I move to approve Ordinance #2, Series 2010, approving Final Specially Planned Area (SPA), Final Planned Unit Development (PUD), Final Timeshare, 124 Multi -Year Lodge Growth Management Allotments, Rezoning, and Subdivision for the Aspen Club project." CITY MANAGER COMMENTS: Attachments: Exhibits included in this packet are bolded• all exhibits list the date they were included in the Council packet(s) EXHIBIT A — SPA Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8) EXHIBIT B — PUD Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8) EXHIBIT C— Timeshare Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8) Aspen Club Council Second Reading — 3/8/2010 Page 4 of 5 EXHIBIT D — Growth Management Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8) EXHIBIT E— Rezoning Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8) EXHIBIT F — Subdivision Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8) EXHIBIT G — DRC Comments (provided 1/11) EXHIBIT H — Housing Comments (provided 1/11) EXHIBIT I — Revised Transportation Demand Management (TDM) plan (provided 1/11) EXHIBIT J — Applicant's Letter Regarding Vesting (provided 1/11) EXHIBIT K — Applicant's Letter Regarding Continuing Operation of the Aspen Club & Spa (provided I/I1) EXHIBIT L—City Council minutes from Conceptual approval, July 14, 2008 (provided 1/11) EXHIBIT M — Planning and Zoning Commission Minutes from Final approval, September 29, October 6, and October 202009 (provided 1/] 1) EXHIBIT N — Planning and Zoning Commission Resolution (provided 1/11) EXHIBIT O — Application (Bound) (provided 1/] 1) EXHIBIT P — Application Appendix (Bound) (provided 1 / 11) EXHIBIT Q — Letter from Applicant's Attorney dated January 14, 2010 regarding the continued operation of the Club facility (provided 2/8) EXHIBIT R — Letter from Applicant's Representative dated January 25, 2010 regarding the public accessibility to the proposed timeshare units (provided 2/8) EXHIBITS — Site Plans from each stage of the proposed project (provided 2/8) EXHIBIT T — Optional site plan provided by Applicant, per City Council request (provided 2/8) EXHIBIT U — Updated TDM Plan (provided 2/8) EXHIBIT V — Letters from the public (provided 2/8) EXHIBIT W — Letters from the public entered at the 2/8/2010 public hearing (provided 2/8) EXHIBIT X — Additional Comments from Environmental Health (provided 2/22) EXHIBIT Y — Letters from the public entered at the 2/22/2010 public hearing (provided 2/22) EXHIBIT Z — Letters from the public (provided 3/8) EXHIBIT Z1 — Letter from Michael Fox dated x/x/2010 responding to Council questions (provided 3/8) Aspen Club Council Second Reading — 3/8/2010 Page 5 of 5 ORDINANCE NO. 2, (SERIES OF 2010) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING FINAL SPECIALLY PLANNED AREA (SPA), FINAL PLANNED UNIT DEVELOPMENT (PUD), FINAL TIMESHARE, MULTI -YEAR GROWTH MANAGEMENT REVIEW, REZONING, AND SUBDIVISION FOR THE DEVELOPMENT OF SUB -GRADE PARKING, TWENTY TIMESHARE UNITS, REDESIGNED COMMERCIAL SPACE, AND TWELVE AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB) CITY OF ASPEN, PITKIN COUNTY,COLORADO. Parcel ID: 2737-181-32-019 WHEREAS, on September 17, 2007, the Community Development Department received an application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of conceptual commercial design review, conceptual approval for a Specially Planned Area (SPA), Planned Unit Development (PUD), and Timeshare, to develop a sub -grade garage, nineteen (19) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA), a Planned Unit Development (PUD), Conceptual Timeshare, and the Commercial Design Standards; and, WHEREAS, the Applicant amended the application to include twenty (20) timeshare units and amended the site plan for the May 6, 2008 Planning and Zoning hearing; and, WHEREAS, during a duly noticed public hearing on May 6, 2008, continued from February 5, 2008, February 19, 2008, March 4, 2008, March 18, 2008, and April 1, 2008, the Planning and Zoning Commission approved Resolution No. 9, Series of 2008, by a Four to One (4 — 1) vote, approving Conceptual Commercial Design Review, and recommending the Aspen City Council approve a Conceptual PUD, Conceptual SPA, Conceptual Timeshare; and, WHEREAS, during a duly noticed public hearing on July 14, 2008, the City Council approved Resolution No. 65, Series of 2008, by a Four to One (4 —1) vote, approving Conceptual PUD, Conceptual SPA, Conceptual Timeshare; and, WHEREAS, on May 4, 2009, the Community Development Department received an application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of final Specially Planned Area (SPA), final Planned Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management Allotments, Multi -Year Growth Management Lodge Allotments, Rezoning, and Subdivision, to develop a sub -grade garage, twenty (20) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page I of 28 WHEREAS, during a duly noticed public hearing on October 20, 2009, continued from September 29, 2009, and to October 6, 2009, the Planning and Zoning Commission approved Resolution No. 15, Series of 2009, by a four to two (4 — 2) vote, approving Stream Margin Review and twelve (12) Affordable Housing Growth Management Allotments, and recommended the Aspen City Council approve a Final PUD, Final SPA, Final Timeshare, Rezoning, one -hundred and twenty-four (124) Multi -Year Lodge Growth Management Allotments (112 Allotments from 2009 and 12 Allotments from 2010), and Subdivision; and, WHEREAS, in response to concerns by the Planning and Zoning Commission and the Community Development Department the Applicant provided a letter dated December 16, 2009 indicating that there is an "inextricable connection between the continued operation of the Aspen Club & Spa facility and the proposed Aspen Club Living Condominiums" (the fractional units) and that "the Club Owner will not have the ability to shut down the Club operation or to substantially change the use of the Club Building without the express consent and approval of the City of Aspen and, at a minimum, the Association on behalf of the Fractional Owners," and; WHEREAS, pursuant to Section 26.310, the City Council may approve a Rezoning, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.440, the City Council may approve a Final SPA, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.445, the City Council may approve a Final PUD, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470, the City Council may approve Multi -Year Growth Management Allotments, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.480, the City Council may approve a Subdivision, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 2 of 28 WHEREAS, pursuant to Section 26.590, the City Council may approve a Final Timeshare, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on February 8, 2010 and February 22, 2010, continued to March 8, 2010, the City Council approved Ordinance No. 2, Series of 2010, by a to (_ —__) vote, approving Final SPA, Final PUD, Final Timeshare, 124 Multi -Year Growth Management Lodge Pillow Allotments, Rezoning, and Subdivision; 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 Planning and Zoning Commission, 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 furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Final Specially Planned Area (SPA), Final Planned Unit Development (PUD), Final Timeshare, Rezoning, one -hundred and twenty-four (124) Multi - Year Lodge Growth Management Allotments [one -hundred and twelve (112) from the 2009 Growth Management Year and twelve (12) from the 2010 Growth Management Year], and Subdivision, subject to the following conditions. Section 2: Subdivision/PUD/SPA Plat and Agreement The Applicant shall record a Subdivision/PUD/SPA agreement (herein after "The Agreement") that meets the requirements of Land Use Code within 180 days of approval. The 180 days shall commence upon the granting of Final Commercial Design Review approval by the Planning and Zoning Commission. Additionally, a final PUD/SPA/Subdivision Platn shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final Commercial Design Approval and shall include the following: Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 3 of 28 a. A final plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with reception numbers) for physical improvements, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, parking, and dimensional requirements as approved. c. A detailed landscaping plan. d. A drawing representing the project's architectural character, including building elevations e. A final grading and drainage plan meeting all requirements of the City Engineer. The Applicant shall_receike Fnuineerina Department approval for their drainage plan prior to Engincering Department sign -off on the Final Plat. f. A final utility and public facilities plan. g. A trail easement for the trail to be dedicated to the public (crossing the property from the existing "Aspen Club Trail" through the site to Ute Avenue). Additionally, The Agreement shall contain language that ensures the following: "(i) The Club Owner shall continue to operate the Club facility as a recreation club for so long as the timeshare condominium form of ownership remains an approved use on the Property; (ii) Memberships in the Club shall continue to be made available to the general public and to Fractional Interest Owners in the Aspen Club Living Condominiums for so long as the timeshare condominium form of ownership remains an approved use of the Property; and (iii) The Declaration of Condominium for Aspen Club Living Condominiums shall provide that the Fractional Interest Owners have no right or authority to terminate or otherwise restrict the operation of the Club facility. It being expressly understood that in the event the timeshare condominium approvals set forth in this Ordinance shall be vacated in future with the consent of the City, the foregoing representations shall be considered vacated as well." The Applicant shall condominiumize the timeshare units after substantial completion of the project. The condominium plat(s) shall be reviewed administratively. The Agreement shall require recordation of a condominium plat prior to issuance of a Certificate of Occupancy. Section 3: Timeshare Documents The Applicant shall record a Timeshare Disclosure Statement and Development Instruments concurrently with the Condominium Plat and Declaration. The documents shall meet all requirements outlined in section 26.590 of the Land Use Code. Section 4: Dimensional Requirements The approved dimensional requirements are based off the following standardization: all front yard setbacks are the south side of the lots, all the rear yard setbacks are on the north side of the lots, and all side yard setbacks are the east and west sides of the lots. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 4 of 28 RR Dimensional Proposed Dimensional Requirements for subdivided lots Requirement Lot 1: 124,661 sq. ft. Lot 2: N/A Minimum Lot Lot 3: 10,812 sq. ft. Size Lot 4: 26,110 sq. ft. Lot 5: 9,355 s . ft. Minimum Lot Area per N/A dwelling unit Lot 1: 277 Feet Lot 2: N/A Minimum Lot Lot 3: 135 Feet Width Lot 4: 266 Feet Lot 5: 95 Feet Lot 1: 30 feet above grade, 5 feet below grade Lot 2: N/A Minimum Lot 3: 10 feet Front Yard Lot 4: 0 feet Setback Lot 5: 7.5 feet Lot 1: 0 feet above and below grade Minimum Side Lot 2: N/A Yard Setback Lot 3: 10 feet (East Side) Lot 4: 20 feet Lot 5: 5 feet Lot 1: 60 feet above grade for building, 20 feet above grade for garage access stair, 5 feet below grade Minimum Side Lot 2: N/A Yard Setback Lot 3: 20 feet (West Side) Lot 4: 5 feet Lot 5: 0 feet Lot 1: 100 feet (15 feet from Top of Slope) Lot 2: N/A Minimum Rear Lot 3: 10 feet Yard Setback Lot 4: 10 feet Lot 5: 10 feet Townhouse Units (Lots 3 & 4) Pitched Roofs (Units 1, 7, 14): 28 feet Flat Roofs (Units 2-5, 8-13): 28 feet Maximum Club Units (Lot 2): 28 feet Height Affordable Housing Units (Lot 5): 28 feet with the following exceptions: Unit 11, Northwest Corner: 32 feet Unit 12, Northwest Corner: 41 feet Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 5 of 28 RR Dimensional Proposed Dimensional Requirements for subdivided lots Requirement Unit 12, Southwest Comer: 31.25 feet Aspen Club Building (Lot 1): 28 feet Minimum % N/A Open Space Total FAR:.55:1 Total: 94,750 sq. ft. Allowable Multi -family (affordable housing units): 12,390 sq. ft. Floor Area Lodge: 50,490 sq. ft. (Townhouse Units: 34,410 sq. ft.; Club Units: 16,080 sq. ft.) Commercial (Club): 31,870 sq. ft. 132 spaces total: Minimum Off- Lodge: 20 spaces Street Parking Aspen Club and Spa: 95 spaces (60 spaces on Lot 1; 35 spaces on Lots 14A & 14W) AH units: 17 spaces Section 5: Reelamation Financial Assurances (a) The Club Owner commits and agrees that before a Building Permit is issued for the Aspen Club l ivin g d� evelopment approved by this Ordinance the Club Owner will provide to the City Building Department and the Cil Attorney for review and approval satisfactory evidence that the Club Owner has in place sufficient fmancing to accomplish and com lete the construction of the development, including ll improvements covered by the Building Permit, all L)Liblic improvements required under the Subdivision/PUD/SPA Agreement and the Aspen Club & Spa upgrades provided for in Section 3 above Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Club Oxyner and/Or third partv investors. (b) Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Club Owner's General Contractor and shall be delivered to the Citv Building Department for review and approval before the Building Permit is issued. (c) The Club Owner further commits and agrees that before a Building Permit is issued for the Aspen Club Living development approved by this Ordinance the Club Owner will r do to the City Building Depaitment and the Cit,,Attorney for review and approval a copy of a Completion Bond issued or committed to be issued to the Club Owners General Contractor by an institutional surety company pursuantwich resoode nd necessary to complete the construction of the improvements covered by the Building Permit. all pub I ic im prove ments req uired under the Subdivision/ PUD/SPA At,recment. and the Aspen Club & Spa upgrades described in Section 3 above The Completion Bond shall name the Club Owner and the Citv of Aspen as additional beneficiaries or insureds thereunder. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 6 of 28 �0111IM1111-111 Nall Section 6: Pre -Construction Meeting The Applicant shall conduct a pre -construction meeting with the City Community Development Staff prior to submittal for a building permit application. This meeting shall include the general contractor, the architect producing the construction drawings, a representative of the Building Department, a representative of the Engineering Department, and the Community Development Department's case planner. Section 7: Commercial Design Review The Applicant shall submit an application for final Commercial Design Review within one (1) year of the date of final SPA/PUD approval. The Applicant is required to receive final Commercial Design Review prior to submission of a building permit. Section 8: Building Permit Application The Applicant shall meet all adopted building codes and requirements in effect at the time the building permit is submitted. Accessible routes to any public right-of-way and accessible parking spaces will be required. The proposed project will be subject to the Use Tax on building materials. The proposed project will be required to comply with all Efficient Building Programs in place at time of building permit submittal. Prior to building permit submittal the architect of record must determine the type of construction for the existing structure and the allowable area for building and addition based on the type of construction and modifications. The building permit application shall include the following: a. A copy of the final City Council Ordinance and P&Z Resolution. Ordinance No 2, Series 20I0 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 7 of 28 b. A copy of the final Commercial Design Review approval c. The conditions of approval printed on the cover page of the building permit set. d. A means of egress plan. e. An overall access plan for the site. f. If the Club is intending to operate while under construction, a plan to maintain exits and separation from construction activity will be required. g. The TDM Plan and the Traffic Study on which its based h. A detailed Lighting Plan i. A plan showing protection of the stream margin area and the stability of the hillside above the trail Section 9: Engineerine The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant shall be subject to the Stormwater System Development Fee. The final drainage plan shall meet all Engineering Department standards. The application shall be referred to the Colorado Geologic Survey for their review on the geologic hazards to the site. This information shall be provided as part of the building permit submittal. The construction management plan shall address construction while the Club remains open, and shall address how all construction activities will not impact all trees that are remaining on the site. Aspen Club Trail access or use for any construction activities is prohibited at all times; this includes but is not limited to truck traffic, foot traffic, storage or materials. Section 10: Ute Trail Improvements The applicant will agree to contribute to the completion of the Ute Trail based on the Review Standards for Development in a SPA. This contribution will occur no later than 60 days notice of the commencement date/notice to proceed of the Trail's construction as provided by the City of Aspen. The applicant has agreed upon a contribution in the amount of $70,000 to be adjusted annually according to the Consumer Price Index (C.P.I.) Prior to both the contribution and the building permit issuance the applicant will need to provide the City of Aspen a Bond or Letter of Credit in the amount of $70,000. This bond will be released once the contribution is received. If the contribution is not made as described above the bond or letter of credit will be executed by the City of Aspen." Section 11: Ute Ave Improvements The applicant agrees to improve the Cul de sac at Ute Ave to accommodate a 100 foot diameter while maintaining the center island. Sheet _ of plans dated shows conceptually how this will be achieved. The applicant agrees to install two speed tables along Ute avenue. One at the trail crossing and the other location to be approved by the City Engineer. The final design of the speed tables must be approved by the City Engineer. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 8 of 28 The applicant shall provide a cost estimate as approved by the City Engineer and provide financial assurances for all public improvements. The applicant shall bear all costs associated with the proposed improvements to Ute Avenue. Section 12: Affordable Housing The Applicant shall provide twelve (12) on -site affordable housing units. Three (3) units of 850 sq. ft. of net livable area shall be deed restricted to a Category 2, five (5) units of 950 sq. ft. of net livable area shall be deed restricted to a Category 3, and four (4) units of 950 sq. ft. of net livable area shall be deed restricted to a Category 4. The Applicant shall record a deed restriction on each of the twelve (12) affordable housing units in conjunction with filing a condominium plat for the property and prior to issuance of a Certificate of Occupancy (CO) on the affordable housing units. The Certificate of Occupancy for the affordable housing units shall be issued prior to or at the same time as the proposed timeshare units. The affordable housing units shall be owned and managed by the Aspen Club and Spa. More detailed information regarding the management and maintenance of the units shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the units to qualified employees of the Club. If the owner cannot provide a qualified tenant, the units shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the units during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. Each tenant in the rental units shall be required to be requalified by APCHA on a yearly basis. The owner shall convey an undivided 1/10`h of 1% ownership interest in the lot on which the units are situated to APCHA. The APCHA ownership interest shall be in perpetuity or until such time as the units are converted to ownership units, or the statutory restriction on rent control units is eliminated. The deed restriction shall allow the units to become ownership units at such time as the owner (the Aspen Club and Spa) elects to condominiumize and sell the units, or at such time as APCHA determines one or more units are found to be out of compliance with APCHA Guidelines for one year. If any of the units are found to be out of compliance for one year, or the owner elects to sell the units, the units shall be listed for sale with APCHA at the categories specified in the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three percent (3%) per annum or the Consumer Price Index (simple appreciation not compounded), whichever is less, as of the listing date of the units. If the units are being sold due to noncompliance, all of the units shall be sold through the lottery system. If the owner elects to sell the units, the owner may choose 1/3`a of the initial buyers provided they qualify under APCHA's top priority for the unit. If the owner elects to sell the units, or they are required to be sold due to noncompliance, owner shall condominiumize the units and form a condominium association for the management and Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 9 of 28 maintenance thereof. The affordable housing association shall be separate from the fractional ownership unit's association. In the event the rental units are required to become ownership units due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 13: Fire Mitigation All codes adopted by the Aspen Fire Protection District at the time of building permit submittal shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). The applicant shall provide an overall access plan for the site with the building permit submittal. The subgrade garage shall have adequate fire access. This shall be reviewed and approved by the Fire Marshall. The proposed lawn pavers shall be engineered to support fire truck loads. Fire sprinklers and alarms are required and shall be included in the project, including in all structures. Section 14: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. Nothing from the 1976 PUD water rights agreement may change as part of this current project. The recorded plat shall provide adequate easements for all utility lines. This shall be reviewed by the Engineering and Water Departments prior to recordation. The project will demonstrate the delivery of fire flows adequate to satisfy Aspen Fire Protection District standards for a Type IIIB Commercial Building. This may be satisfied by an analysis acceptable to the Aspen Water Department which demonstrates system delivery capabilities of the existing water distribution system at the Ute Avenue side of the project of 3,000 gallons per minute. The applicant shall bear all costs associated with the proposed improvements to the water line along Ute Avenue and metering connections that result from this project. Section 15: Sanitation District Requirements Since there is an existing Aspen Consolidated Sanitation District owned and maintained main sanitary sewer line currently running through the proposed development, the proposed relocation Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 10 of 28 of this main ACSD sanitary sewer line must be approved by the District's consulting engineer and board of directors prior to the district committing to serve this application. The district will require a written verification from the applicant that the revised sanitary sewer service for the Silver Lining Ranch is acceptable to the current owners of the Silver Lining Ranch property. Since it is apparent at this level of approval that the district's main sanitary sewer lines will be modified to serve the new proposed development, a line relocation request and collection system agreement are required. Both are ACSD Board of Director's action items. New easements will be required for the sanitary relocation according to standard district form. Additional access and maintenance easements may be required depending on the final sanitary sewer utility plans. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. The applicant shall bear all costs associated with the proposed improvements to the sanitation system that result from this project. Section 16: Environmental Health The state of Colorado mandates specific mitigation requirements with regards to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. The Applicant must meet all applicable requirements associated with the new pool. Wildlife protection/enclosures for the trash and recycle area is required. The Applicant will be subject to the TDM/Air Quality Impact Fee in place at the time of Building Permit submittal. Section 17: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. No lighting shall be permitted in the stream margin area (fifteen (15) foot setback area from top of slope) or in any area below the top of slope line (toward the river) unless it is in the exact location of the existing lighting and requires no additional disturbance to the stream margin area. This shall be verified at time of building permit submittal. Section 18: Transportation The applicant shall comply with all aspects of the Transportation Demand Management (TDM) plan attached to this Ordinance (Exhibit A). The TDM Plan and the TDA Traffic Study (attached as Exhibit B) shall be recorded as part of The Agreement. The applicant may update the traffic counts and TDM Plan prior to building permit submittal. This shall be conducted after working with the Transportation, Community Development, Engineering, and Environmental Health Departments to ensure compliance with all approvals. Any changes to the TDM plan based on updated traffic counts must be reviewed and approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page I I of 28 The Applicant shall conduct a meeting to review the Transportation Demand Management Plan with the City Staff prior to submittal for a building permit application. This meeting shall include the applicant, a representative of the Transportation Department, a representative of the Engineering Department, a representative of the Environmental Health Department, and the Community Development Department's case planner. Any updated traffic counts shall take place in the I't two weeks of March and the Is' two weeks of August. Section 19: Parks Building permit plans shall include a detailed plan submitted for stream margin protection and stability of the hillside above the trail. The detailed plan shall identify the location of silt fencing and erosion control along the hillside. The City can provide specifications if needed: minimum requirements include a silt fence and straw bales placed in a manner preventing erosion and protect the river from residual run-off. All of these detailed at the 15' set back from top of slope. Building permit plans shall include a detailed plan submitted for Construction staging. This plan shall detail how the construction will take place with staging, storage of materials and locations of vehicles so that trees remaining on site will not be impacted and remain protected. Building permit plans shall include a detailed plan submitted for Tree Protection. Tree protection fences must be in place and inspected by the city forester or his/her designee before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. There should be a location and standard for this fencing denoted on the plan. An approved tree permit is required before submission of the building permit set. Proper spacing and a detailed legend for new plantings and plantings around existing trees shall be reviewed by the Parks Department at building permit submittal. This legend shall include species name. Building Permit Plans shall detail the material and width of the footpath proposed within the stream margin area. This footpath shall be installed with hand excavation tools only and set around all trees to remain on site. The utilities located under the trail should be developed and installed with junction boxes so future repairs can be accomplished without the need to excavate the new trail. This trail shall not be used for or provide access for any construction activities. This includes but is not limited to truck traffic, foot traffic, storage or materials. Aspen Club Trail access or use for any construction activities is prohibited at all times. This includes but is not limited to truck traffic, foot traffic, storage or materials. The Applicant will be subject to the Parks Development Impact Fee in place at the time of Building Permit submittal. Section 20: Parking No parking is approved for Ute Ave or in the cul-de-sac. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 12 of 28 Section 21: School Lands Dedication The Applicant will be subject to the School Lands Dedication cash -in -lieu in place at the time of Building Permit submittal. Section 22: Energy Commitment (a) An audit of the gas and electrical energy consumed by the existing 77,000 square foot Aspen Club building during the preceding three vears was conducted by Resource I,t mcering and summarized in a_written report dated November 24, 2008. a copy of which report is attached as Exhibit C to the Ordinance, the ener,,,N consumption reflected in that report averaged 18,600 million Btu/year over the subject three year period (the "Baseline Average-). The Club Owner hereby commits and agrees that following the redevelopment of the Property pursuant to the approvals granted in this Ordinance. the average annual energy consumption of all uses of the Property (including the Club, the Timeshare Units. and the Affordable I lousing Units) will not exceed the Baseline Average. (b) The Club Owner commits and agrees that the Building Pen -nit Application for the Aspen Club Living development approved by this Ordinance (including the Aspen Club 8-Spa facility upgrades discussed in Section 24 below) will include the installation of such energy conservation mechanical components (including upgrades to existing systems) as may be designed and recommended by Resource kngineering, or other qualified engineering firm in order to achieve the energy consumption Baseline Average for all anticipated uses of the Property (including the Club. the Timeshare Units, and the Affordable Housing Units). The specifications and recommendations provided by Resource Ern ineerinmust be reviewed and approved by the City Building Department and the Canary Initiative staff before the Building Permit is issued. (c) Pursuant to Section 5 of this Ordinance (Financial Assurances). the Club Owner is also committing to provide the City with a copv° of a Completion Bond on the protect rior to. the issuance of a Building Permit therefore. The Completion Bond shall also cover the installation of the energy consumption mechanical components (including upgrades to existing systems) that are incorporated in the approved Building Permit. (d) The final Certificate of Occupancy for the Aspen Club Living development approved by this Ordinance shall not be issued until the Club Owner has demonstrated to the Building Department and Canary Initiative staff that such required energy conservation mechanical components (including upgrades to cxisurn, systems) have in fact been installed by Club Owner. (e) Within 30 days following the expiration of the one year period lollowing the issuance of the final Certificate of Occupancy for the Aspen Club hiving development. the Club Owner shall provide the Buitdin�,, Department and Canary Initiative staff with a re ort summarizing the energy consumed by all uses of the Property during said one year period. With such report, the Club Owner shall provide the Building Depanment_and Canary Initiative staff with copies of all energv bills used to prepare the report, for purposes of verification by the Citv. if such report concludes that the cncr v consumed by all uses of Property during said one vear Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 13 of28 period exceeds the Baseline Average within 30 days following the date of the report the Club Owner shall open an Escrow Account with Pitkin County Title. Inc.. subject to Escrow Instructions that have been mutually approved by Club Owner and the City Attorney, and shall fund that Escrow Account with the sum of $ (based upon an arnotutl to be determined by Building Department and Canary Initiative staff) and shall provide the City with evidence of such deposit During the cnAliny, one vear period the Club Owner shall make a good faith effort to bring, t� he Property's energy consumption into compliance with the Baseline Average. (f) Three years following the date of issuance of the final Certificate of Occupancy for the Aspen Club Living proiect the Club Owner shall have Resource Lr in�g or other qualified engineering firm perforn a complete energy audit covering all uses of' the Property during- the Preceding three year period and averaging the energy consurnlition of the Property over said three year period If such audit concludes that the energy consumed during said three year period exceeds the Baseline Average the Club Owner shall have Resource L,ngineering or other qualified engineering firm perform an updated evaluation of the energy systems (and the oeratiq,n_thereof') on the Property and the Club Owner shall have the vear following the date of the audit in which to make such changes in the operation of the energy system and/or such LIP,"rades to the system as may be recommended by said engineering firm in order to achieve the Promised Baseline Average ["he Club Owner shall haze the right to draw funds from the Escrow Account to pav for such remediation ellorts. (g) Similar audits will be performed four years and five vears. respectively following the date of issuance of the final Certificate of Occupancv for the Aspen Club Living project, in each instance covering the preceding three vear period and averaging the energv consumption of the Property over said three year period. If either of said audits reflects a non-compliance with the Baseline Average then the Club Owner shall continue its good faith efforts to upgrade the energy consumption on the Propertypursuant to the devious recommendations of the engineering firm and shall have the right to draw funds from the Escrow Account to pay for such remediation efforts. . (h) If said filth vear audit determines that the energy consumption on the Property does not exceed the Baseline Average the Escrow Account shall be closed and all remaining funds therein shall be returned to the Club Owner and no further energy reports or audits shall be required If said fifth )year tu(Jit determines that the energy consumption of the Property exceeds the Baseline Average the Club Owner shall he obligated to provide an additional energy consumption audit six years following the date of issuance of the final Certificate of Occupancy for the ,Aspen Club Living project. covering the preceding three vear period and averaain& he energy consumption of the Property over said three vear period Such annual audit obli 4ac tion shall continue until such time as an audit determines that the energy consumption on the Property does not exceed the Baseline Average. Section 23: Aecessibi►ity of Club Membership (a) The Club Owner herebv commits and agrees that from and after the date of issuance of the final Certificate o1' Occupancy for the Aspen Club Living,project. and continuing for so lo, r1g as the time-share condominium form of ownership remains a City -approved use of the Proaerty. more than "ercent of the dues -wing members of the Club will be holders of Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 14 of 28 Resident Memberships in the Club. One of the criterion for a Resident Membership is that the holder reside in the Roaring Fork Valley for more than 6 months each Near. h_One year following, the date of issuance of said final Certificate of Occupancy. and annually thereafter. the Club Owner will perform an audit of the ratio of Resident Memberships to Non -Resident Memberships in the Chub and will deliver to the Community Development Department of the City of Aspen a written summary of the results of the audit accompanied by copies ofthe Club records and other data used in the conduct of the audit. (c) If any such audit concludes that less than 50 percent of the dues -pang members of the Club hold Resident Memberships in the Club, the Club Owner will take whatever steps may be required to increase the ratio of Resident Membership vs. Non -Residential Memberships to greater than 50 percent. In the event the next annual audit reflects a continuinc non- compliance with the requirement that Resident Memberships exceed 50 percent of the total dues - paying Memberships in the Club then the Club will offer tree one -dear Resident Memberships to anv and all bill -time City of Aspen employees that wish to be Club Members, such ofPerto remain in effect tmtil an annual audit concludes that the Club is main in compliance with the requirement that Resident Memberships exceed 50 percent of the total dues -paying, Memberships in the Club When a compliance audit is obtained. each free Resident Membership held by a City employee will expire one year after the date on which the employee signed a Membership Agreement with the Club. and such em lovee will have the option of becoming a dues -paving Resident Member of the Club or of allowim—, his or her Membership to expire. Free employ Memberships shall not count as Resident Memberships in determining the ratio of Resident Memberships to Non -Resident Memberships for audit purposes. Section 24: Club Reinvestment (a) The Club Owner hereby commits and agrees that prior to the issuance of a final Certificate of Occupancy for the Aspen Club Living development approved by this Ordinance, the Club Owner will spend a tninimum of $5,000.000 in upgrades to the existing Aspen Club & SPa facility includingy but not limited to structural improvements a new swimming pool, new locker rooms upgraded activity spaces, improvements to utility systems investments in clean energy initiatives, and a new entr,,way. (b) Upon substantial completion of the upgrades to the Aspen Club & Spa facility, the Club Owner Shall provide to the City Building Department a summary of the costs and expenses incurred by the Club Owner in accomplishinu the upgrades. which cost summary shall be reviewed and approved by the City Buildin , Department. (c) A final Certificate of Occupancy shall not be issued for the Aspen Club Living develc>pn-nent project approved by this Ordinance until the City Building Department is satisfied that the Club Owner has expended r rnininuun of $5,000.000 in connection with the upgrades to the Aspen Club & Spa facility. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 15 of 28 Section 25: Reporting Requirements The Applicant shall be subject to a number of reporting requirements. as indentified herein. All reporting requirements shall, to the extent possible, be compiled into one report that goes to the City Community Development Department. This report shall include: • A yearly audit. for five years followinL,Certificate of Occupancy, of the performance of the TDM Measures, as specifically outlined in Section 18 and Exhibit A to this Ordinance. • A yearly audit following Certificate of Occupancy, of Club Memberships and the percentage of "local" memberships, as specifically outlined in Section 23. • The reporting and audit procedures as specitically outlined in Section 22. Anv items required to go to other Citv Departments by other sections of this ordinance shall be scat directly to those Departments by the Applicant. Section 262: Vested Rights The development approvals granted pursuant to Planning and Zoning Commission and Resolution 15, Series of 2009 and herein shall be vested for a period of three (3) years from the date of issuance of the Development Order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a Development Order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 1450 Crystal Lake Road., City of Aspen, CO, by Ordinance No. 2 Series of 2010, of the Aspen City Council. Section 273: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 284: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 294: 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 Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 16 of 28 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 3036• A public hearing on this ordinance shall be held on the 8t' day of February, 2010, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be 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 11 m day of January, 2010. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of 2010. Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Michael C. Ireland, Mayor Attachments Exhibit A: Approved TDM Plan Exhibit B: TDA Traffic Study Exhibit C: Energv Baseline Report by Resource Engineering Group Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 17 of 28 Aspen Club Living TDM PLAN GOAL Have zero growth in traffic levels on Ute Avenue coming to the Aspen Club as a result of the Aspen Club Living Project, while creating a safer street. Based on the current TDA Report, traffic levels coming to the Club shall remain at their stated baseline of 860 trips per day. AM peak trips to the Club should be limited to 70 per hour. PM peak trips coming to the Club should be limited to 99 per hour. Additional traffic studies may be prepared between now and submission for a building permit and baseline trip limits and the TDM Plan will be updated as necessary. BACKGROUND The goal of Aspen Club Living is to create both a safer Ute Avenue as well as limit any growth in traffic on Ute Avenue due to this project. To achieve these goals we have consulted with the City of Aspen Transportation staff and engaged TDA, Inc of Seattle and Denver, respected traffic engineers who have been used by the City of Aspen, to help us create a set of traffic safety & management tools. Baseline conditions have been established via high season traffic counts at key locations in the vicinity, including Ute Avenue and the Aspen Club entrance. The Club will have a designated Transportation Coordinator who will manage all TDM programs as a function of their job description. The Transportation Coordinator shall manage all TDM programs in perpetuity. In addition, the Aspen Club will remain an active member of the City's Transportation Options Program, with the Transportation Coordinator acting as the City's contact. TARGET GROUPS A unique challenge associated with this project is the existence of a variety of user groups with distinct needs. The Aspen Club Living TDM program establishes a variety of tools targeting the following groups: • Employees commuting to the Club • Employees living on -site in Aspen Club affordable housing • Club members • Club guests • Aspen Club Living owners Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 18 of 28 itl N ° G O O •� N tUtl cUd N y n• G. V U � tGtl L L Z Z N U m v v U U v U U Y v U o p.. 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V) 7 ¢ K K G K C K w U s U O Q z v oq v bA v bA v bq v W v bD v oq v bq v bq v OU v bA v bq v bq v v bq v b9 L L ro cl ro L � r. a a a a a a a a a a a a a a a a V U y G C e/� L � p W i v m v i v i v i v i v i v y v v v o v a v v v v v U T T T T T T T L v T T v v 9 H O O O O O O O L O O G O L O L a E y c a n o a a a E a a N a a c n n c w wsw FQ ¢ ovco w w w w w w w ow v o v " E E E s L 04 E O L a tq a a a E o4 E 9 ccl Gii C a to O «U+ lG vKi fn E n' V v C �• L N E O O U T v to L N K G OJ etl L L p v W U U U U F u O m a: z m m x U m U U Aspen Club Living — TDM Measure Detail FIXED ROUTE ASPEN CLUB SHUTTLE The Aspen Club will provide shuttle service to and from the Club at regularly scheduled intervals. These would augment the Cross Town Shuttle services, operating on a fixed route and schedule. Details Schedule a. Shuttle vehicles will be reduced emissions or zero -emission. b. Shuttle service will be free of charge for employees, members, owners and guests. c. Signs and other information identifying the routes and times will be posted at the Club, and, if permitted, at Rubey Park and other locations in town. d. The shuttle will be publicized in Club marketing materials and inside the facility. e. The shuttle schedule will coordinate pickups and drop offs to best accommodate employees who are arriving/departing Rubey Park. f. The shuttle route/schedule will be coordinated with hotel partners to minimize total shuttle trips to the Aspen Club. g. Employees will be allowed to access shuttle service for lunch, errands, etc. a. This service will be provided half-hourly from 7 AM to 9 PM every day during the peak summer and winter seasons. (Peak summer season is defined as Food and Wine Weekend — Labor Day; Peak winter season is defined as December 15th — the Close of the Ski Mountains.) These hours may be increased or decreased depending on actual demand experience, but will not be less 13 round trips daily operating at approximately the morning (8-9:30am), mid -day (12-1:30pm) and evening (4-6:00pm) peak hours, on the half hour and the hour. b. During shoulder seasons and before 7 AM and after 9 PM, there will be scheduled service that at a minimum remain within those trip numbers outlined above unless agreed otherwise with the Yransportation department. A reduced service schedule in the off- season may be appropriate. c. Without the minimum level of service in place described above, the Club will be required to contribute a fee equal to 13 trips per day to the operation of the Cross Town Shuttle. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 20 of 28 d. Service to the airport will be provided separately from the scheduled in -town service in order to keep the in -town service on a fixed schedule. In addition, the airport service shall be provided on -demand only to avoid unnecessary trips. Phasing A complete shuttle plan detailing the Club shuttle route(s), schedule and stops must be approved by the City of Aspen Transportation Department no later six months prior to the issuance of a Certificate of Occupancy. This plan must meet the conditions discussed above. As an alternative to operating a fixed route service, the Aspen Club may contribute to the operation of the Cross Town Shuttle as discussed above. If this arrangement is selected, the Club's van service will operate on -demand only in order to minimize trips. If this arrangement is selected, a detailed on -demand shuttle plan must be approved by Transportation staff no later than six months prior to the issuance of a Certificate of Occupancy. ON -DEMAND ASPEN CLUB SHUTTLE The Aspen Club will provide an on -demand shuttle service to serve guests traveling to/from the airport and other areas not served by the fixed route service. Details Schedule a. Shuttle vehicles will be reduced emissions or zero -emission. b. On -demand service will be free and available to Club members, owners and guests. c. On -demand service is meant to serve as a backup to fixed route service and will not replace fixed route service during peak summer and winter. d. On -demand service may replace fixed route service during off seasons. a. On -demand service will be available daily during Club hours of operation. Phasing A detailed on -demand shuttle plan must be approved by the City of Aspen Transportation Department no later six months prior to the issuance of a Certificate of Occupancy. This plan must meet the conditions discussed above. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 21 of 28 BUS PASS SUBSIDY The Aspen Club will provide reduce priced bus passes for employees to use RFTA. The Club currently subsidizes 50% of employee's bus passes. Subsidized bus passes will remain in place. Phasing This subsidy is currently in place. The program must be marketed to employees, with marketing measures to be provided to Transportation no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department, CARPOOL MATCHING The Aspen Club will organize carpools for employees who have to commute to the Aspen Club. Details a. First priority will be to match employees with other employee via the Club's Transportation Coordinator. b. Carpool matching will be discussed during new hire orientation. c. If no match is found in-house, the City of Aspen TOP program and carpool matching software will be used to search for external matches. Phasing This program must be approved by Transportation Department and in place no later than six months after the date of issuance of Certificate of Occupancy. The program must be marketed to employees, with marketing measures to be provided to Transportation no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 22 of 28 CARPOOL PARKING Preferential carpool parking spaces will be provided for carpooling employees. A minimum of 3 carpool spaces will be provided and located in the parking area on Lots 14A & 14W closest to the path to the Aspen Club. Details a. Carpool spaces will be designated with signage. b. Approved carpools will be provided with a tag or permit to allow access to preferential spaces. c. Carpool parking spaces will be monitored by Transportation Coordinator. d. Employees parked in carpool spaces without appropriate permits/tags will be written up. Phasing This program must be approved by Transportation Department and in place no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. RESTRICTED PARKING Employee parking will be limited to the Crystal Lake Parking lot located on Lots 14A & 14W. Details a. Employee parking is not allowed in Ute Avenue parking lot. b. Preferential parking will be provided for employees who carpool. c. Parking area will be monitored by Transportation Coordinator. d. Employees parked inappropriately will be written up. Phasing This measure is currently in place. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. NEW HIRE ORIENTATIONS At all new hire orientations, the Aspen Club will provide information on all the different employee options for commuting to the Club and reducing traffic on Ute Avenue. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 23 of 28 Phasing This program must be approved by Transportation Department and in place no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. EMPLOYEE INCENTIVE PROGRAM The Aspen Club will create incentive plans for carpoolers, bikers, walkers and RFTA riders. Details a. Program will consist of gift cards, punch cards, prize drawings or end of season raffles. Phasing Program must be in place no later than six months after the date of issuance of Certificate of Occupancy. Program must be marketed to employees, with marketing measures to be provided to Transportation no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. EMERGENCY RIDE HOME PROGRAM As a member of TOP, the Aspen Club will work with the City in implementing an Emergency Ride Home Program for employees who take the bus to work, but for one reason or another (e.g. sick child) need to get home in a hurry. This will give employees a sense of comfort that they can take the Bus into town but get home quickly if they need to. Details The Aspen Club will be responsible for any trips taken beyond the TOP program's budgeted limit each year. Phasing This measure is currently in place. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 24 of 28 MEMBER INCENTIVE PROGRAM The Aspen Club will create an incentive system for members who walk, ride their bikes or take either our shuttle or the Cross Town Shuttle to and from the Club. Details a. Information on this incentive system will be provided in membership materials. b. Members will have a punch card system to track their use of alternative transportation. c. Incentives will potentially consisting of gift cards, prize drawings or end of season raffles for prizes and rewards Phasing Program must be in place no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the 'Transportation Department. HOUSING PREFERENCE Preference for access to On -Site Affordable Housing would be given to employees who agree not to park a car at the Aspen Club. The Club will also develop move -in packets that will provide information on all alternative transportation programs provided in Aspen. Phasing Program to be in place before first tenants move in and to remain in place for future tenants. CAR RENTAL DISCOUNT Arrangements will be made with a local car rental company for discounted car rentals. Details a. The Club will arrange for discounted car rentals for our employees who live on -site as well as for Aspen Club Living owners. b. Trips will be charged at the negotiated discounted car rental rates. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 25 of 28 BICYCLE FLEET Shared bicycles will be available for employees as well as tenants of employee housing and Aspen Club Living owners. Details a. A minimum of four bicycles will be available at program outset. b. Bicycles will be maintained by the Club's maintenance staff. c. A check out / check in system such as using electronic ID card will be implemented for use. d. The program may expand as needed based on usage. Phasing Program must be in place no later than six months after the date of issuance of Certificate of Occupancy. Program must be marketed to employees, with marketing measures to be provided to Transportation no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. CARSHARE PROGRAM A Carshare vehicle will be available, on -site, for employees living in affordable housing as well as for Aspen Club Living owners. Details a. Prior to opening of the project, the Aspen Club and Transportation Department will determine how to best structure this program, possibly using the services of CAR TO GO, or possibly being operated by the Aspen Club. b. Issues to be addressed include: i. Ownership of vehicle ii. Access to the vehicle iii. Payment of maintenance and operating costs Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 26 of 28 Phasing A complete plan for the implementation of an on -site carshare program must be presented to and approved by the Transportation Department no later than six months prior to the issuance of a Certificate of Occupancy. This plan must include, at a minimum: 1. Purchase/ownership of vehicle(s) 2. Type of vehicle(s) 3. Parking location(s) 4. Allowable customers 5. Vehicle replacement plan 6. Operations plan including reservations, access, fueling, insurance 7. Subsidy/cost sharing plan for CAR TO GO, should CTG operate the vehicle MONITORING PROGRAM The effectiveness of the program will be measured in several ways: 1. Vehicle counts have been performed at Ute Avenue and at the Club and will continue twice a year during March and August for five years after the project receives a CO. Vehicle counts and surveys shall be undertaken in March and August annually in the same manner as the current TDA Report, using an Engineering/Transportation firm or using standard traffic counting devices. Report shall be provided to Transportation, Engineering and Environmental Health Departments by October 1 annually for five years after the project receives a CO. The report must indicate both daily and hourly traffic counts. Annual report shall also include status of required TDM program components. Non-compliance with required TDM components will be brought to City Council for discussion and action if needed. 2. Survey of above target groups to ensure their knowledge of and participation in the programs. Annual surveys must be pre -approved by the Transportation Department. 3. Results will be summarized in Memorandum form complete with tabulations and charts so that year-to-year trends are readily apparent. 4. The Transportation Department may require interim check -ins as necessary. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 27 of 28 CHANGES TO THE PLAN If the applicant chooses to update the traffic counts from the baseline in the current TDA study and those numbers are different than the current counts done by TDA (860 trips per day, 70 AM peak trips per hour, and 99 PM peak trips per hour), then the Applicant shall also be required to update the TDM Plan. This update must be conducted prior to submission for a building permit, and must be reviewed by the Transportation, Engineering, Environmental Health, and Community Development Departments for compliance with all approvals. Any changes to the TDM plan based on revised base line traffic counts must be reviewed and approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. The update or this plan and its associated TDA traffic counts shall be submitted as part of the building permit application. FURTHER TOOLS Should monitoring show that the zero growth goal is exceeded at any time, the Aspen Club will be required to develop a plan for approval by the Transportation Department to include a variety of the following suggested TDM measures: • additional transit service via Club shuttle • additional contribution to the Cross Town Shuttle • additional restrictions on employee driving • additional rewards/incentives programs for employees and guests • flexible scheduling for employees to avoid peak hour congestion • scheduling of club activities to avoid peak hour congestion • more aggressive internal and external education • paid parking for employees and guests • other measures as approved by the Transportation Department Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 28 of 28 TDA Transportation COLORADO Mi. INC. October 29, 2008 Michael Fox — Aspen Club International 1450 Crystal Lake Road Aspen, CO 81611 Dear Michael, As agreed, we have summarized high summer season traffic count data that was collected over three consecutive days in August in the vicinity of the Aspen Club and Spa. This data, along with prior traffic counts from this past March during the Spring Break period and in August 2004, will help establish benchmarks for monitoring actual traffic changes associated with your planned addition of 32 dwelling units at the Club property. We have also estimated what level of Club traffic currently passes through the four key intersections that will be "gauging stations" for monitoring future changes associated with the Club development plan. Key findings from the combined data collection efforts as further described below are: - Weekday traffic volume on Ute Avenue is about 70% higher than the weekend day average with Tuesday and Thursday being slightly higher than the other three weekdays. - Summer day 24-hour weekday traffic volumes on Ute Avenue are about 50% higher than the corresponding winter weekday volumes. Club and Spa daily traffic volume is slightly higher on Friday, as compared to mid week or weekend days. - Hourly traffic activity at the Club is highest and fairly uniform between LOAM and 1PM, and again between 3PM and 6PM for weekday and weekend. As a "design day" for assessing future development traffic, a Thursday during August would represent a typical high traffic activity day for the surrounding neighborhood, when Club traffic is near its daily peak volume. The 3:00 to 4:00 PM hour is the combined peak traffic hour for Ute Avenue and Club & Spa trips. During this hour, Club trips comprised about 29% of the 200 vehicles on Ute Avenue east of Original. During the nine -hour daytime video count, for all arrivals to the Club, approximately 8 1 % are via auto, 10% via bicycle and 9% as pedestrians. Approximately 80% of arrivals are via ^' Ute Avenue entrance with 20% crossing the footbridge from Crystal Lake Road. On a 24-hour basis, Club traffic using Ute Ave is about the same level as the volume attributed to Ute Place residences and the other abutting uses located between Ute Place and Original Street. 900 E. Louisiono Ave. Suite 100- Deriver, Colorado =10.305M-7101 -FAX 303W_W108 - iDAQtdocclorado.com Aspen Club g Spa Traffic Count October 29, 2008 Page 2' Just a few Club members/workers currently use the Crosstown bus route that runs along Ute Avenue. a At the busiest intersection in the vicinity - Original Street/Cooper Avenue - Club & Spa trips represents about 8% of summer day total traffic in the AM peak hour and 5% in the �. higher overall volume PM peak hour. INTRODUCTION _ To augment and further identify peak traffic conditions in the vicinity of the Aspen Club & Spa, recent summer traffic counts were collected to compare with winter counts at nearby locations. Count locations and time periods were selected in concert with City engineering staff. By design, counts performed at the same locations during the same calendar week in future years will help identify changes associated with Aspen Club and Spa development traffic. Specifically, future counts will help document the degree of success in implementing - the wide ranging Transportation Demand Management Plan that is being designed for your ,r planned mixed -use expansion program. This report summarizes the new August 2008 summer counts and compares with available March 2008 winter counts, as well as the earlier August 2004 summer traffic counts performed at two intersections along South Original Street and the access drive to the Aspen Club & Spa. The March 2008 counts were collected during the high winter season of Spring Break while the August 2008 counts reflect high summer season conditions. Data were collected by the firm All Traffic Data Services. DATA COLLECTION 24-Hour Volume ^ In March 2008, Ute Avenue east of Original was counted for seven consecutive days. All vehicles passing each location were recorded separately for each travel direction. This week- long count identified daily variations in Ute Avenue traffic volumes throughout a Spring Break week. Exhibit A illustrates the total and directional daily volumes for the full week. As is .., common in mountain resort towns, weekday volumes are higher than those on weekends. During the count week Tuesday and Thursday each exceed 1,500 vehicles per day. The average weeks total daily Exhibit A Total Daily Tlanlo by Obactbn on UU Menw "u of 00SMi1 M..1 rr 2M 7QA Colorado October 29, 2008 Aspen Club & Spa Traffic Count Page 3 volume of 1,300 is about 70% higher than the weekeend average of 800 vehicles per day. For comparison, CDOT data shows that SH 82, as it follows along Cooper Avenue, just southeast of Original St., carried 6,900 annual average daily vehicles in 2007. The August 2008 count was conducted in collaboration with City public works staff. Three days of continuous traffic volume data were collected at six locations. 24-hour count data were collected from midnight Thursday, 8/21 through midnight Saturday, 8/23. The six 24- hour count locations are listed here and identified in Figure 1: 1. on Ute Avenue east of Original Street 2. on Original Street south of Ute Avenue 3. on Aspen Club & Spa entrance north of Ute Avenue 4. on Ute Avenue east of Ute Place 5. on Crystal Lake Road west of SH 82 6. on Crystal Lake Road west of the X intersection Locations #1, #3, and #4 lie along Ute Avenue, the main road serving the Aspen Club & Spa. Locations #5 and #6 serve a parking area along the north side of the Roaring Fork River which connects to the Aspen Club & Spa via a footbridge over the river. Location #2 lies on _ an alternate route for vehicles heading out of town. Intersection Peak Hour Volumes Turning movement counts were recorded on Thursday, Friday, and Saturday, August 21-23, W. 2008, at four intersections along the usual travel path for vehicles accessing the Aspen Club & Spa. Two-hour counts were performed from 7:00 to 9:00 AM and 4:00 to 6:00 PM to determine the peak 60 minutes of traffic flow during the usual morning and evening peak periods. The four turning movement count locations, also identified on Figure 1, are: 7. Cooper Avenue at Original Street r. 8. Durant Avenue at Original Street 9. Cooper Avenue at West End 10. Durant Avenue at Spring Street Data were also collected at Locations #7 & #8 above during a Friday, Saturday, and Sunday in -' March, 2008 and a Wednesday & Thursday in August, 2004, Aspen Club Entrance Volume Video recordings collected count data at the Ute Ave. entrance to the Aspen Club & Spa on Friday, August 22"d for nine hours from 10:00 AM to 7:00 PM. This provides detailed information on turning movements made by vehicles, bikes and pedestrians into and out of the Aspen Club at both the main lot and side lot entrances. In addition, bus patronage was noted, counting riders on and off each bus arriving on the half hour. Secondary access to the Club is provided on the north side, via a pedestrian bridge over the Roaring Fork River. This bridge and trail connects to a designated Club parking lot along Crystal Lake Road, north of the river. A nine hour video count on Friday, August 220d, from 10:00AM to 7:OOPM, recorded pedestrian activity there as well. MA Colorado M F- OT i 0 o m Clevela d St a IA o 0- m a Ale Z West Ei id 3 a> � c Original St Co cmSpring St � c � o x N Hunter t IS � � J co ` c C c m U g O 0 0 8 'i o Galena t v -@ 0 8 _ 0- c� > Mill St > ' 11 7 E ki Y c m o x Aspen Club & Spa Traffic Count October 29, 2008 page 5 DAILY VOLUME COMPARISONS A summary of the 24-hour summer count data along Ute Avenue, shown in Figure 2, affirms the common trend in resort towns that weekday volumes are higher than on weekends. Figure 2 illustrates daily volumes, for the three days of the count, at three of the count locations. Volume on Ute Place is calculated using data from Locations N1 & N4. During the count, Thursday represents the peak with nearly 2,200 vehicles per day on Ute Avenue just east of Original Street. Friday volume on Ute Avenue is almost 90% of the peak Thursday volume, while Saturday volume is just 60% of the Thursday peak. Similar percentages are shown on Ute Avenue just east of Ute Place. Also noted here, while weekday daily vehicle volume to and from the Aspen Club is fairly consistent, Friday was marginally higher than Thursday, unlike traffic on the adjacent streets. Figure 2 Volume August Z006 Daily Volumelame Profile Comparison � along Lite Ave & at Aspen Club Main Lot Entrance 2.500 — _--- _' -- l z,1 ® Ute Ave e/o Original St n I z.006 - 1,632 O ute Ave elo Ute PI S IN Aspen Club entrance Y 1,500 - 1,4aB 1,375 O 1 i l oo0 a 6 soe 76 500 0 Thurs Fri aw 414 sat MA Colorado October 29, 2008 Aspen Club & Spa Traffic Count Pace 6 Crystal Lake Road provides an alternate access to the Aspen Club & Spa site via SH 82. Vehicles can park at a designated Club parking lot along this road and walk across a footbridge over the Roaring Fork River to the Club entrance. As shown in Figure 3, nearly 60% of the volume on this road is headed toward the parking area serving the Aspen Club. The remainder accesses residential areas along Crystal Lake Road. Again, Thursday volumes are highest with Friday at about 97% and Saturday at 60% near the highway and 40% closer to the river. Figure 3 Crystal Lake Road Total Oa My volumes All August2008 M Seasonal variations in traffic are depicted in Figure 4, comparing total daily volumes on Ute Avenue east of Original Avenue during the winter season in March and high summer season in August 2008. As shown, summer Thursday volumes are again higher than Friday or Saturday, with the Friday and Saturday proportions nearly the same in winter and summer. As is also common in mountain resort towns, summer volumes are again shown to be higher than winter volumes. The August Thursday total is 50% higher than during a Spring Break week in March, with similar percentage comparisons for Fridays and Saturdays. Figure 4 Ute Avenue Total Daily Volumes ® Thurs Maroh vs. Atgtst 2008 ® Frl in Sat on Ute Av emt of Ongirel Street M arch August highwintsr Beason high& alrner season MA Colorado Aspen Club & Spa Traffic Count October 29, 2008 Page 7 Hourly volume entering the Aspen Club & Spa varies throughout the day. Figure 5 illustrates hourly total volume accessing the Club from Ute Ave, showing variations for Thursday, Friday and Saturday. Friday late morning exhibits the highest hour with a total of 67 vehicles in and out during the 9:00 to 10:00 AM period. Also shown are the peaking characteristics and how they vary by day of week. Each day has a mid -morning peak period from about 10 AM -Noon and a late afternoon peak from about 4-6 PM. Saturday afternoon volume drops off starts earlier than the weekday 6 PM drop off. Figure 5 INTERSECTION PEAK HOUR VOLUMES Figure 6 displays the Thursday AM and PM peak hour volumes for each turning movement at the four intersections counted. Total Thursday volumes are also shown at each of the six 24- ,. hour locations. Turning movement counts are summarized every 15 minutes. The peak volume is defined as the highest total of four consecutive 15-minute volumes. The AM peak hour usually occurs between 7 and 9AM, while the PM peak hour occurs between 3:30 to — 6:30PM. The highest turning volumes occur during the PM peak hour at the Original/Cooper intersection with 130 southbound left turns and 187 eastbound right turns. Both of these movements are links in the State Highway 82 designated route through the city. CLUB & SPA TOTAL DAILY TRAFFIC VOLUME As depicted in Figure 6, combining 610 daily Club vehicles on Ute Avenue with the 250 vehicles using Crystal Lake Road suggests a total of 860 vehicle trips attributed to the Club & Spa on a typical summer weekday. 0 a 0 0 0 U m o� E -OOP°€ ' E J20 Ha►m W O07lEQ00 �•��Ci Ci O)ul I�u�QM�� I YYco n 90 (130) j 410 (24) C(65)4 12 (qg) 0 56 (107) �65 (133: 50 (69) 29 (51) * r 5 (22) * 21 (35) 2 (32) * � 4) I I � Q am rno� Aspen Club & Spa Traffic Count October 29, 2008 Page 9 VOLUME COMPARISON FROM PREVIOUS COUNTS Data was also collected at two of the four intersections shown in Figure 6. These earlier counts were during a Friday, Saturday, and Sunday in March, 2008 and midweek in August, .. 2004. The data show that at the Cooper and Durant intersections with Original Street, winter weekday AM peak hour volumes are slightly higher than for summer weekday AM, but the reverse is true in the PM, where summer weekday PM peak hour volumes are higher than in winter. Specifically, data show that at the Cooper/Original intersection, the AM peak hour weekday August 2008 volumes are 14% lower than the August 2004 counts and 4% lower than the weekday March 2008 counts. However, the August 2008 PM peak hour volumes at the same location are only 4% lower those in August 2004, yet 22% higher than in March 2008. Figure 7 displays this data, showing that weekday PM peak hour volumes represent the highest hourly volumes, regardless of the season. Figure 7 GIMP 7501 .., j�11i %►1V j11 ►» j�1 25 � %ill j11i �►11 /111 o /►11 %11; % Weekday Weekend AM PM AM PM �. At the Durant/Original intersection, the available Thursday, Friday & Saturday data show that summer and winter peak hour volumes have less variation, as shown in Figure 8. However, weekday PM peak hour volumes are again the highest. As stated earlier, total daily volumes are higher in the summer than in winter. This indicates that a greater portion of total daily trips are occurring outside of the peak hours during the summer than in winter due to longer days and usually better roadway conditions. ' Figure 8 Comparison of Peak Hour Total Volumes at Durant 3 Original Lj Summer 2004 .. t,000 750 .. 500 250 0 Weekday Weekend AM PM AM PM 7DA Colorado Aspen Club & Spa Traffic Count October 29, 2008 Page 10 CLUB & SPA TRAVEL MODES Vehicle Trips by Hour of Day As shown in Figure 9, Aspen Club trips tend to build gradually in the morning starting at 8 AM and to reach a plateau of about 55 vehicles per hour by 11 AM that lasts through 1 PM, picking back up to this level between 3 PM and 5 PM before tapering off steadily into the evening hours. During the busy part of the average day, from 8 AM to 7 PM, Club & Spa traffic varies from 21% to 34% of total traffic on Ute Avenue at the Original Street .. intersection. As shown in Figure 9, the hours with higher proportional share of total traffic attributed to the Aspen Club are 10 to 11 AM, when Club trips peak and 4 to 5 PM, when Ute volume begins to taper off. Figure 9 Hourly portion of Aspen Club Trips ■ Total on lAe e/o Original on Us Avenue olo Original Street Aspen Club entrance vol6 200 150 _ 100 50 a i as �;s33'<i3�fEml;�� €lief€flEi� Hour Ending Peak Hour Volumes r, At the Aspen Club entrance, the AM and PM peak hour volumes used in analyzing traffic impacts at intersections in town occurred on Friday from 8:00-9:OOAM and from 3:30- 4:30PM. The AM peak hour Club volume of 54 trips had 40 in and 14 out, while the PM .. peak hour volume of 67 trips had 36 in and 31 out via the Ute Avenue entrances. Alternate Modes of Arrival w Pedestrian Volumes There are residences in the surrounding neighborhood and some Club members do walk to the facility. From LOAM to 7PM on Friday, the daytime video count shows a total of 18 pedestrians into and 16 out the Club via the Ute entrance, contributing 6% of the combined vehicle, pedestrian and bike access there during those nine hours. A secondary access to Aspen Club & Spa is via a footbridge over the Roaring Fork River, serving the parking area along Crystal Lake Road north of the river. A video count of pedestrian and bicycle activity here on Friday, 8/22/08 from 10:00AM to 7:OOPM shows a total of 154 pedestrians and 19 bicycles using the footbridge to access the Club. Of the pedestrians, it is assumed that approximately 80% are walking to/from their vehicles parked along Crystal Lake Road, with 20% either passengers in cars or walking in from the neighborhood. Therefore, total pedestrian access to the Club via both entrances is approximately 65 trips during the nine -hour count, representing 9% of total arrivals. 1DA Colorado October 29, 2008 Aspen Club & Spa Tra/fK Count Page 11 Bicycle Volumes During the nine -hour daytime video count, bicycle access to the Club along Ute Avenue totaled 24 trips in and 34 out, while bicycle access via the footbridge was 6 in and 13 out. A total of 77 bicycle trips contributed about 11% of the combined vehicle, pedestrian and bike access to the Club during those nine hours. - Bus Volumes RFTA provides regularly scheduled Cross Town Route bus service to the Ute Avenue neighborhood near the Club. Video count of the Club entrance along Ute Avenue on Friday, 8/22/08 from 10:00AM to 7:OOPM shows bus arrivals and departures with passenger loading and unloading. The bus is scheduled to arrive every 30 minutes on the hour and half hour. During the nine -hour count, bus riders totaled 17 boarding and 10 alighting at the Aspen Club entrance on Ute Ave. However, not all of those transit riders were oriented to/from the Aspen Club. The peak hour of bus usage at this location was Noon-1PM when 3 passengers got on and 1 got off the bus. Transit currently is used by just a few Aspen Club members/employees. MA Colorado October 29, 21108 Aspen Club & Spa Traffic Count Page 11 CLUB & SPA VEHICLE TRIPS THRU KEY INTERSECTIONS Vehicle trips to and from the Club distribute to and through town via several routes. Using existing trip distribution patterns noted at each of the four key intersections counted, Figure 9 - depicts the expected distribution of Aspen Club trips to the roadway network. Current patterns show that all Club vehicle trips using the south entrance enter/exit via the west and continue to/from the north via Original Street. Overall, entering trips currently arrive approximately 40% from the north via SH82, 18% from the east via SH82, and 42% from the west through other streets in Town. Exiting trips currently depart approximately 55% to the .. north via SH 82, 17% to the east via SH 82, and 33% to the west through Town. Table 1 presents the total morning and evening peak hour traffic volume through each of the four intersections counted. The existing Aspen Club vehicle trips contribute 11% of the AM peak hour volumes through the intersection of Durant Ave & Original Street. The PM hourly share is 9%. As Club trips distribute throughout the roadway network, the percentage of total traffic attributed to the Club is reduced. The future expanded Aspen Club & Spa is estimated to yield a total of 70 AM and 88 PM peak hour vehicle trips via Ute Avenue assuming no reductions applied for Club -sponsored travel demand management (TDM) measures that are currently under consideration. In the - morning peak hour, these could be 50 trips heading to the Club and 20 departing. In the evening peak hour there could be 46 inbound and 42 out bound Club trips. Using the distribution patterns shown in Figure 10, the forecasted project trips are added to existing peak hour intersection volumes. The percentage of traffic attributed to the Club increases at the Durant/Original intersection only slightly from today's 16% to a future 17% _ in the AM and from existing 14% to future 16% in the PM peak hours. At the high volume Original/Cooper intersection (State Highway 82) the Club portion increases slightly from 8% w today to 9% in the future during the AM and from 4% to 6% in the higher volume PM peak hour. Table 1 Estimated Aspen Club Portion of Peak Hour Vehicle Trips Through Four Key Intersections Summer Weekday August 2008 Future (s4 Club Pmjec) Trips Analysis Intersection Total thru r intersect on Aspen Club Trips %Trips Aspen Club Aspen Club Trips Total thru intersection % Aspen Club Tri AM PM Ahe I Pie AM I PM AM PM AM I PM AM I PM Cooper Avenue @ Original Street 437 929 35 45 8% 5% 45 59 492 988 9% 6% Cooper Avenue @ West End 293 564 10 12 3% 2% 12 15 305 579 4% 3% Durant Avenue @ original Street 336 476 54 67 16% 14% 70 88 406 564 17% 16% Durant Avenue @ Spring Street I 273 370 1 16 19 6% 5% 1 20 24 1 293 394 1 7% 6% 1. from August 2008 fuming movement counts 2. from August 2008 tube counts at Club entrance 3. from August 2008 video counts at Club entrance 4. existing with added residential trips using standard ITE Tnp Generation rates, no TDM mitigation r MA Colorado v 1 r4 . � o a Cleveland St v C West End St �a Original St o Spring St y Hunter St CO) C !A 6 L► t %u %ov -► � %ss N 9j i t � J J 0 a S 0 U F1 Aspen Club & Spa Traffic Covent October 29, 2008 Page 14 FINDINGS ^wN As in similar mountain towns, peak vehicle volumes in Aspen are higher during the summer �. months than in winter. Weekday volumes are generally higher than during a weekend. Therefore, a design day for Aspen Club & Spa residential development traffic monitoring should be a late -August mid -week day. Mid morning and late afternoon volumes at the Club entrance in the August 2008 count were comparable to the August 2004 peak hour volumes. We expect the daily volume is now higher than it was in 2004 given the increase in Club membership and services offered during .. the intervening years. AAAA The August 2008 video traffic counts for the nine -hour period from IOM to 7PM show that for all arrivals to the Club, approximately 81% are via auto, 10% via bicycle and 9% as AAAA pedestrians. Approximately 80% of arrivals are via Ute Avenue with 20% crossing the Roaring Fork footbridge from Crystal Lake Road. AAAA Club and Spa trips currently represent about 5% of total traffic passing through the Cooper/Original (State Highway 82) intersection in the summer weekday PM peak hour. The Club contributes about 8% in the AM, when total volumes through the intersection are less than half of that experienced during the evening peak hour. With the addition of 32 residential units at the Club, coupled with continuing membership growth, we estimate that Club traffic could increase marginally to 6% of the future PM and 9% of the future AM peak hour totals. These impacts could be even less once the effects of the Club's on -going plans for a TDM program are factored into future trip generation. To assist in identifying actual post -development traffic changes, we recommend repeating late - August mid -week vehicle count at the same locations as the August 2008 counts. As such, we can compare specific turning movements from year to year to detect the magnitude of change by specific traffic routes. Please contact us if you have questions or comments on this data compilation and presentation. Sincerely, TQA Colorado Inc. AAAA ,. Audrey Girard Senior Associate Prepared under the direction of IV/%,je e David D. Leahy, P.E. Principal MA Colorado Aspen Club Living Transportation Analysis Prepared for: Vann Associates, LLC Aspen, CO Prepared by: TDA, Inc. 685 Spring Street, #195 Friday Harbor, WA 98250 17-September-2007 TDA #t2111 TABLE OF CONTENTS ORGANIZATION OF THE TRANSPORTATION STUDY ............... _....... ......................... _.............. _ 1 INTRODUCTION....... . ............. _.......... .................. ......... __... ..... ........... ........ ....................................... _. 2 " EXISTING CONDITIONS ......................... ............................................4 Roadway System and Classification..................................................................................... 4 Public Transportation.............................................................................................................. 4 _ Pedestrian, Bicycle and Equestrian Transportation............................................................ 4 IntersectionOperations........................................................................................................... 7 BACKGROUND CONDITIONS ..... ........ ......... _........ .............................. ...... .................... .......... .............. 8 _ Roadway Improvements......................................................................................................... 8 OtherPlanned Projects............................................................................................................ 8 _ Public Transportation.............................................................................................................. 8 PROJECTCONDITIONS . . .... .................................. ...................... ............ .............. __._........................... 11 TripGeneration...................................................................................................................... I I .. Fractional Ownership............................................................................................................II AffordableHousing............................................................................................................... I I WinterConditions.................................................................................................................. 12 -� Transit......................................................................................................................................12 Trip Distribution and Assignment...................................................................................... 12 Turning Movement Volumes............................................................................................... 14 W Traffic Operation.................................................................................................................... 16 Width of Adjacent Streets..................................................................................................... 16 Parking Requirements and Parking Supply...................................................................... 16 MITIGATION................................ .................... ....... ..................................... _...................................... ... ... 1.18 .. Appendix A .... .................................................................................... ..........................._................................ 20 INTERSECTION LEVEL OF SERVICE............................................................................ 21 GLOSSARY............................................................................................................................ 22 LIST OF TABLES Table 1. Existing AM Peak Hour and PM Peak Hour LOS................................................... 7 Table 2. Background AM Peak Hour and PM Peak Hour LOS......................................... 10 Table 3. Trip Generation Rates (Vehicle Trip -Ends per Unit) ............................................ I I Table 4. Project's AM Peak Hour and PM Peak Hour Trip Generation ............................ I Table 5. With Project AM Peak Hour and PM Peak Hour LOS......................................... 16 .. Table 6. Aspen Code Requirements............................................................................................. 16 LIST OF FIGURES Figure1. Site Location................................................................................................................ 3 Figure 2. Existing AM & PM Peak Hour Volumes- summer ................................................ 6 Figure 3. Background AM & PM Peak Hour Volumes......................................................... 9 + Figure 4. Project Trips AM & PM Peak Hour....................................................................... 13 Figure 5. With Project AM & PM Peak Hour - summer ...................................................... 15 ORGANIZATION OF THE TRANSPORTATION STUDY In describing the impacts and mitigation for the proposed project, this study follows typical procedures of the transportation planning profession. This report is divided into three major sections: • Existing Conditions - refers to today s traffic, parking, and transit conditions. • Background Conditions - is a forecast of conditions in the future project completion year without construction of the project. This section takes into consideration such elements r as changes in traffic volumes, road construction and other developments likely to be completed. It is referred to as "background" because these changes provide a background on which to apply the project. r • Project Conditions - examines conditions in the future year with the project completed. This section focuses on the impacts of the project and proposes actions to mitigate those impacts. Where appropriate, a figure of table illustrates each of the study's findings. Supplemental information, including a glossary, is contained in the Appendix. Aspen Club and Spa 17 ,Sep-07 #2111treport.doc IDA, Inc. 1 r INTRODUCTION This report describes the traffic impacts associated with the Aspen Club and Spa development project The project consists of developing 19 fractional ownership units and 12 affordable housing units on the existing Aspen Club and Spa property, and to remodel portions of the existing Aspen Club and Spa building. No increase in net leasable area of the existing building is proposed. LAND USE QUANTITY UNITS Fractional Ownership Club Units 3 bedroom 4 dwelling units 2 bedroom 2 dwelling units Townhouse Units 3 bedroom 9 dwelling units 4 bedroom 4 dwelling units Affordable Housing 2 bedroom 12 dwelling units In addition, the project will provide 19 spaces in a secure subgrade garage for the fractional units, 12 spaces in the same garage for the affordable housing as well as 5 surface spaces in front of the affordable housing units for temporary parking. There will also be 98 spaces available on Lot 15 (45 surface spaces and 53 subgrade spaces), as well as 35 surface spaces on Lot 14A. The project will remove an existing portion of the club as b of the proposed fractional units will be developed within and on the existing structure. Figure 1 shows the location of the proposed project and study intersections. This draft report is a revision of a draft done in 2005. It changes only the number of affordable housing units from 8 to 12 and revises the proposed parking supply. Existing traffic volumes are those of the 2005 report and were not recounted. project trip generation changed slightly. The level of service calculations were not redone. However, the increase in traffic volumes with the increase in affordable housing is so small that the levels -of -service would not change from their very favorable "A" and "B" levels. With recalculation, the average delays, as shown in Table 5 might increase by a small, probably insignificant, amount. Aspen Club and Spa k2111 treport.doc 17-Sep-07 TDA, Inc. 2 w Aspen Club and Spa ' Protect Site - �T�4 E. C00WA E ow"Ave. Site Location FIGURE 1 Aspen Club and Spa #22 11 treport.doc 3 17-Sep-07 TDA, Inc. EXISTING CONDITIONS Roadway System and Classification Roadway classifications for the streets in the study area are: • Cooper - arterial (verify) .. • Durant - collector • Original - collector • Ute - residential Traffic Controls r Two intersections were studied to determine project impacts. Both of the intersections are four- way stop -controlled intersections: S. Original Street/E. Cooper Avenue and S. Original Street/E. Durant Avenue. The driveway of the Aspen Club and Spa was also studied. Public Transportation r The Roaring Fork Transportation Agency (RFTA) provides both city and down -valley transit service. The Rubey Park transit station is located on Durant Avenue, between Original Street and Monarch Street. The transit station is served by all summer routes run by the RFTA, and service is available from 6:30 AM to 2:00 AM. Service is generally described below: IV City Routes - six routes, four of which serve residential areas, and one serves the post office and Silver Queen Gondola on ten minute headways. The Cross -Town Shuttle specifically runs to the Aspen Club and Spa approximately ever 20 minutes. Valley Routes - During the summer, there are 43 scheduled departures. Mid -valley- routes r depart every 30 minutes while routes serving Glenwood Springs are provided every two hours. Seasonal Routes - Special service is provided for events (such as the Aspen Music Festival) r throughout the summer in the Aspen area.' Pedestrian, Biccle and Equestrian Transportation E)dsting pedestrian facilities are found on S. Original Street, E. Cooper Avenue, E. Durant Avenue and Ute Avenue. ' RFrA websfte. r Aspen Club and Spa tt2111 treport.doc 17-Sep-07 TDA, Inc. 4 r Turning Movement Volumes Figure 2 shows the turning movement volumes at each of the study intersections during the AM and the PM Peak hour. Volumes are based on counts collected by TDA, hrc. on August 18 and 19, 2004. Aspen Club and Spa t12111treport.doc j 17-Sep-07 TDA, Inc. 33 61 176 J 24g (60) z31 t 124 (196) (82)54 /� 63 (76) �" (31)18 21 (30) y 1 r ll 63) ( / °��Ava. (20) (13U) (39) E pyr Ave. egke (31� ZI (1) Z2 y ~�zn� Aspen Club and Spa Project Site • w TQA Aspen Club and Spa #i2117treport.doe P" / (64) (61) (31) \ 33 71 14 1 (62) 41 '` 21(33) (48) 39 37 (46) (37) 39 5 (7) 4't1 (39) (88) (7) Existing AM (PM) Traffic Volumes FIGURE 2 17-Sep-07 7DA, Inc. Intersection ORerations �* Intersection operating conditions were evaluated using the Highuxty Capacity Manual 2000, .r updated 2000, and the latest version of Synchro 6.0 for signalized and unsignalized intersections. The intersection and operating conditions are indicated by a level of service (LOS) letter designation. LOS provides a measure of delay ranging from LOS A (free flowing, minimal delay) to LOS F (extreme congestion, long delays). For signalized interactions, total delay is estimated. Additional information on LOS is provided in Appendix A. Table 1 shows the existing LOS for each of the study intersections during the AM Peak hours and the PM Peak hours. All intersections operate at LOS B or better under existing conditions. Table 1. Existing AM Peak Hour and PM Peak Hour LOS. Unsignalized intersections Existing AM Peak hour Existing PM Peak hour S. Original St./E. Cooper Ave. B (10.0 sec.) B (12.6 sec.) S. Original St./E. Durant Ave. A (8.0 sec.) A (8.8 sec.) Ute Ave./Aspen Club and Spa A (5.6 sec.) A (5.8 sec.) r Note that summer traffic volumes in Aspen are generally higher than winter volumes. This is because more summer visitors arrive by automobile than do winter visitors. Aspen Club and Spa #2111 treport.doc 7 17-Sep-07 TDA, Inc. BACKGROUND CONDITIONS This section describes the estimated future traffic conditions in the study area without development of the proposed project. Because of the City's established policy of zero traffic growth, no background increases in traffic volumes were included (Figure 3). Roadway Improvements No roadway or signalization improvements are planned for the study area during the period from now through 2007. Other Flanned Projects No other projects affecting this study area were identified. Public Transportation No significant changes are expected to the public transportation system in the study area. Aspen Club and Spa #2111 treport.doc g 17-Sep-07 TDA, Inc. ( (97) n631 33 \ 33 81 ]76 y � (60) 23 t 1 4� 124 (1%) (82) 54 —11, 63 (76) 0 (31)18 21 (30) y t r 11 63/ (20) (130) (39) Aspen Club and Spa T04TProject Sqe �rrc. W. Aspen Club and Spa #2111 treport.doc E W Ave. z (64) (61) (31) \ 33 71 14 4114 (62) 41 .1 i 21 (33) ♦m 7 (37) 39 � 5((7) ) `1 t rr \ 23 34 1 (39)(83) (7) Background AM (PM) Traffic Volumes FIGURE 3 17-Sep-07 TDA, Inc. Traffic Operations Table 2 shows the background LOS for the AM Peak hour and the PM Peak hour, compared with the existing conditions LOS. In the AM Peak Hour and the PM Peak hour, all intersections remain at a LOS B or higher. Table 2. Background AM Peak Hour and PM Peak Hour LOS. Unsignalized intersections Existing AM Existing PM Background Background Peak hour Peak hour AM Peak PM Peak hour hour S. Original St./E. Cooper Ave. B (10.0 sec.) B (12.6 sec.) B (10.0 sec.) B (12.6 sec.) S. Original St./E. Durant Ave. A (8.0 sec.) A (8.8 sec.) A (8.0 sec.) A (8.8 sec.) Ute Ave./Aspen Club and Spa A (5.6 sec.) A (5.8 sec.) A (5.6 sec.) A (5.8 sec.) Aspen Club and Spa #2111treport.doc 10 17-Sep-07 TDA, Inc. PROJECT CONDITIONS This section describes estimated trip generation for the project, impact on study intersections, estimated parking needs, and comparison with parking code requirements. in Generation Estimates of project trips are based on adjusted trip generation data found in the Institute of Transportation Engineers (ITE) Trip Generation (7th Edition). These are summarized in Table 3. Adjustments are described following Table 3. Table 3. Trip Generation Rates (Vehicle Trip -Ends per Unit). LAND USE ITE Trip Generation Code AM/PM Peak Hour VTE•gym Per Unit Fractional Ownership Club Units' 2 - 2 bedroom Resort Hotel (#330) 0.31/0.42 key 4 - 3 bedroom Resort Hotel (#330) 0.31/0.42 key Townhouse Units3 9 - 3 bedroom units Resort Hotel (#330) 0.31/0.42 key 4 - 4 bedroom units Resort Hotel (#330) 0.31/0.42 key Affordable Housing 12 - 2 bedroom Mid -Rise Apartment (#223) 0.30/0.39 DU VTE = vehicle trip end (a vehicle trip -end represents either the begintung or end of a trip; each trip has 2 tnprnds) Fractional Ownership The fractional units are considered lodge units based on the City's land Use Regulations. While fractional interest will be sold, they will also be made available to the public for nightly rental. „ Because the fractional units are considered lodge units the ITE figure for Resort Hotel was used. .. Affordable Housing The rrE figures for Mid -Rise apartments make no distinctions for unit size. Using rrE trip generation rates, we estimate that the proposed developments will result in a net increase of 16 trips in the AM Peak hour and 21 trips in PM Peak hour. Table 4 shows the calculation of trip generation assumptions. Table 4. Project's AM Peak Hour and PM Peak Hour Trip Generation. AM (PM) Peak Hour Trip Ends LAND USE QUANTITY Trips In Trips Out Total Fractional Ownership 38 KEYS 8 (7) 4 (9) 12 (16) Affordable Housing 12 - 2 bedroom 12 DU 2(3) 2(2) 4(5) TOTAL 10(10) 6(11) 16 (21) 2 Each unit will have one lockout bedroom for a total of 12 keys. 3 Nine units will each have one lockout bedroom for a total of 22 keys. r. Aspen Club and Spa 17-Sep-07 #2111treport.doc TDA, Inc. 11 Winter Conditions Note that summer traffic volumes in Aspen are generally higher than winter volumes. This is because more summer visitors arrive by automobile than do winter visitors. Under winter conditions with snow -packed roads, the projected excess capacity may be reduced measurably. Operations would continue to be in the acceptable range. On a few days after a heavy snowfall, road capacity will be further reduced. However, those conditions are infrequent enough that they should not be used for design and evaluation. Transit These volumes are probably conservatively high, because they are based on data incorporating little use of transit. In fact, the Aspen Spa is served every 30 minutes by RFI'A's Cross-town Shuttle (9 AM to 9 PM) and by the Spas own van service. Trip Distribution and Assignment Trip distribution refers to the direction trips travel to and from the site. Figure 4 shows the trip distribution for new trips to and from the proposed project site during the AM peak hour and - PM peak hour. Project trips were assigned based upon existing distribution. r r Aspen Club and Spa 17-Sep-07 #2111 treport.doc 'FDA, Inc. 12 (0) (9) (0) 0 9 0 �. (0) 0 J41 1 L►t 0 (0) (0) 0 a♦ +m 0 (0) (0) 0 � r 0 (0) y i tr 0 6 0 / E __t Ave. s� eq� (77) 6 (0) 0 0 ()) / (1) (9) (0) ' 0 9 0 (0) 0 J4J 1 Lot. 0 (0) (0) 0 =a* 4� 0 (0) (1) 1 r 0 (0) *itr \ 0 0 ( Aspen Club and Spa Project Trips AM (PM) Ro(eci SBe - TDA FIGURE 4 mow. Aspen Club and Spa #2111 treport.doc 13 17-Sep-07 TDA, Inc. air Turning Movement Volumes Figure 5 shows the AM and the PM peak hour turning volumes for the project year. These volumes were determined by adding the estimated project trips for the proposed project to the background volumes. Aspen Club and Spa #2111treport.doc 14 17-Sep-07 TDA, Inc. w e' t-@ I42j 279 03) n711Z y / (44) (106) (163) \ 33 90 176 (60) 23 �� 1 �i 124 (196) 7 (82) 54 63 (76) / (31)18 �, Zl (30) 11 69 21 =,COq*WAvg(20) (139) (39) (65) (70) (31) 33 80 14 .11L► (62) 41 i 21(33) E pw QW Ave. Aspen Club and Spa Protect S8e - W] T w-, (48) 39 -w♦ ♦. 37 (46) (38) 40 5 (7) 41tr \ 23 40 1 With Project AM (PM) Traffic Volumes FIGURE 5 Aspen Club and Spa #2111 treporf.doc 15 17-Sep-07 TDA, Inc. Traffic Operation Table 5 shows the project LOS for the AM peak hour and the PM peak hour, compared with the background conditions LOS. In the AM peak hour and the PM peak hour, all intersections operate at LOS B or better. Table 5. With Project AM Peak Hour and PM Peak Hour LOS. Unsignalized intersections Background AM Peak hour Background PM Peak hour With Project AM Peak hour With Project PM Peak hour S. Original St./E. Cooper Ave. B 10.0 sec. B 12.6 sec. B 10.2 sec. B 12.8 sec. S. Original St/E. Durant Ave. A 8.0 sec. A 8.8 sec. A 8.0 sec. A 8.9 sec. Ube Ave./Aspen Club and Spa A 5.6 sec. A 5.8 sec. A 5.7 sec. A 6.0 sec. Width of Adjacent Streets The width of Ute Avenue is 21 feet. Parking _Rgqu cements and Parking Supply Table 6 summarizes the applicable minimum parking code requirements for the Fractional Units and Affordable Housing Units. The existing Aspen Club has a total of 91 spaces (56 on Lot 15 and 35 on lot 14A, across the river). Table 6. Aspen Code Requirements. Source Land Use Unit Parking Rate Aspen City Code (Parking Fractional Units (Lodge Unit 0.5 spaces per key Supply) Units Affordable Housing Units Unit I space per unit Existing Aspen Club Sowce: Vann As ates. Table 7 identifies estimated peak parking code requirement. Table 7. Parking Code Requirement LAND USE QUANTITY ADDED CODE REQUIREMENT Proposed Supply Rate Stalls Fractional Lode Units 38 keys 0.5 19 19 in garage Affordable Housing Units 12.units 1 12 12 garage + 5 surface Existing Aspen Club 0 n.a.* 91* 40 Lot 15 + 22 Garage +35 on Lot 14 total 122 133** Aspen Club and Spa g2111treport.doc 16 17-Sep-07 TDA, Inc. n.a. - not applicable, because no expansion is planned. The 91 space maximum was determined previously by the City at the time of a previous relocation of the Club's access to Ute Avenue. "* The 40 surface in Lot 15 and 35 stalls on Lot 14 exist, the 53 garage spaces and 5 surface spaces at the affordable housing units are new. Aspen Club and Spa #2111 treport.doc 17 17-Sep-07 TDA, Inc. NvMGATION No mitigation is necessary. Traffic operations will remain at a high level -of -service, and the parking supply is adequate. Aspen Club and Spa #2111 treport.doc 18 17-Sep-07 TDA, Inc. Aspen Club and Spa #2111 treport.doc Appendix A 20 17-Sep-07 TDA, Inc. INTERSECTION LEVEL OF SERVICE Level of Service (LOS) s a qualitative assessment of intersection operations based on the average delay (in seconds) incurred by vehicles. Delay is a surrogate measure of driver frustration, fuel consumption, and lost travel time. _. For unsignallzed intersections, the total delay is calculated. Total delay is the difference between vehicles' actual travel time through the intersection and the travel time if the vehicle had not been stopped or slowed. Only minor movements and major left -turning movements are reported at two- way stop -controlled intersections. Major through movements have no delay. For signalized intersections, stopped delay is estimated. Stopped delay is the time period when vehicles are in a fully -stopped position and does not include deceleration/acceleration time or queue move -up time. Level of Service "A" represents minimal delays and is associated with free -flowing traffic, while LOS "F" is associated with long delays and poor traffic flow. The range of delay for each LOS score for unsignalized and signalized intersections is: LOS UNSIGNALIZED INTERSECTIONS SIGNALIZED INTERSECTIONS (Total Delay in Seconds) (Stopped Delay in Seconds) A <_ 5 510 B >5and510 >10and 520 .w C > 10 and 5 20 > 20 and 5 35 D > 20 and 5 30 > 35 and 5 55 E > 30 and 5 45 > 55 and 5 80 F > 45 > 80 Source: 1994 Highway Capacity Manual Update, Transyt 7F Users Guide Level of Service "F" is not necessarily indicative of intersection failure. Rather, LOS F may indicate that drivers would experience long delays due to the timing of the traffic signal or other operational problems. High volumes of traffic may still flow through an intersection at overall LOS F. Further, an intersection may operate at overall LOS A, even though one or more approaches or movements operates at LOS F. This is true because oftentimes the movement/approach which is operating poorly has very low volumes. The LOS designation is based on the overall operation of the intersection. In other words, an intersection with 1,000 cars moving through it would still operate y well if the movement experiencing the long or unacceptable delay carries just a few cars. Delay is derived from analyzing the ratio of critical volumes to capacity. The software module cannot calculate LOS or delay when volumes exceed capacity by a certain amount. In that case, may appear in the LOS calculation. Generally, LOS is shown as "*" when volume exceeds capacity. Although it is sometimes true that an intersection operates at LOS F when "a" appears, this is not always true. r ^ Aspen Club and Spa .. M2111treport.doc 17-Sep-07 TDA, Inc. 21 101110b'bY:1;i 1 AVO Average Vehicle Occupancy. The average number of people riding in a vehicle at one time. Also referred to as ACO for Average Car Occupancy. Background Growth A general level of traffic increase not related to a specific site or project. It is w usually expressed as an annual percentage rate of growth. Capacity The maximum number of vehicles that can be expected to travel over a given section of roadway or a specific lane during a given time period under prevailing roadway and prevailing traffic conditions. CBD Central Business District. Design Day A design day is generally a busy day during the peak business season, but not the busiest. Selection of a design day is often used for determining parking needs and traffic volumes. A facility designed to serve the busiest day of the season would result in substantial excess capacity for all but a few days of the year, an unrealistic standard. The design day standard provides a balance: adequate capacity for most days of the year with recognition that it may be exceeded on five to ten days per year. Design Year The year a development is scheduled to open. Headway The time between vehicles moving in the same direction. Often used to indicate the frequency of buses on a particular bus route. HOV High -Occupancy Vehicle. Level of Service (LOS) A measure of intersection or roadway operating quality ranging from LOS A (minimal delay) to LOS F (long delay). ., Mode Split The percentage of persons in a group which choose to travel by one of a variety of different modal choices such as auto, pedestrian, transit, and others. Parking Generation The number of parking spaces occupied by one unit of measure (e.g., per employee, per apartment) sometimes calculated as parking generation rate in ITE's Parking Generation Manual. Pass -By Trips In the case of a new development, particularly retail establishments; certain ., restaurants, banks, service stations, and convenience markets, trips are attracted from the passing traffic on adjacent streets - that is, traffic already "passing by" the site. Thus, when forecasted trips w based on standard trip generation rates or equations are distributed, some reduction is made to _ account for those trips. Peak Hour The hour of the day during which the heaviest volume of traffic occurs on a roadway. Often there is an a.m. and p.m. peak hour. Practical Capacity Parking facilities are rarely completely full due to turnover and the difficulty in finding the few remaining open spaces. For example, for retail customers, practical capacity is generally 85% of the supply. For office employees who are familiar with a parking facility, practical capacity generally rises to 95%. Aspen Club and Spa 17-Sep-07 #2111trepor7.doc TDA, Inc. 22 Queue Area Storage space of a street or within a parking facility for vehicles entering or exiting. Shared Parking Parking space that can be used to service two or more individual land uses without conflict or encroachment. The opportunity to implement shared parking is the result of two conditions: variation in the peak accumulation of parked vehicles as the result of different activity pattern of adjacent or nearby land uses (by hour, by day, by season); relationships among land use activities that result in people's attraction to two or more land uses on a single auto hip to a given area or development. Signal Phase That part of a traffic signal's time -cycle allocated to a traffic movement (e.g., left turns) or a combination of movements receiving the right-of-way simultaneously. SOV Single Occupant Vehicle Traffic Warrants Criteria used to assess the necessity for traffic control devices (e.g. traffic signal). Transportation Management TDM - Transportation Demand Management TMA - Transportation Management Association TMO - Transportation Management Ordinance TMP - Transportation Management Plan VMT - Vehicle Miles Traveled Trip A single or one -direction vehicle movement with either the origin or the destination (exiting or entering) inside a study site. Trip Assignment The assignment of vehicle trip volumes to the roadway network and the assignment of site -generated vehicle trip volumes to individual driveways/roadways of the development. Trip Distribution The expected directional distribution of site -generated traffic on roadway links and intersections within the study area. Trip Ends One trip end is equal to one trip. For trip generation purposes, total trip ends for a land use over a given period of time are the total of all hips entering plus all trips exiting a site during that designated time. Trip Generation The number of trips generated by a development; sometimes calculated in trip ends, as in ITE's Trip Generation Manual. Generally, trips both to and from a development are counted. V/C Ratio Volume to capacity ratio between the flow rate of vehicles and/or people to the capacity of W a traffic facility. Italicized terms within a definition are separately defined elsewhere in the glossary Sources: TDA Inc., ITE, Urban Land Institute, Highway Capacity Manual, FTA, APA. Version: 07/05 Aspen Club and Spa #2111treport.doc 17-Sep-07 TDA, Inc. 23 a a Onrceptual r~rt rgy & Fear Aspen Cfuh Aspen Club Living Conceptual Energy & Mechanical Systems Plan 1300 Ute Avenue Aspen, Colorado Resource Engineering Group, Inc. Table of contents Section 1: Executive Summary Section 2: Conceptual System Description Section 3: Historical Data Breakdown Section 4: Energy Savings Plan Section 5: Final Development Energy Use Projections Section 1: Executive Report prepared by: Zack Gustafson August Hasz P.E. Resource Engineering Group, Inc. November 24, 2008 The total energy use of the entire 1300 Ute Avenue site after the Aspen Club Living (AFL) development is complete will be equivalent to or less than the site's recent historic energy use. Summary: • Energy bills over the last three years average 18,600 million Btu/yr or 240 kBtu/sf yr for the existing 77,000 sf building. The high energy use per square foot of the existing site presents great opportunities for savings. • New development requires a complete HVAC retrofit for the existing building. Overall energy use for the existing building (including all site snowmelt) must be reduced to 15,900 million Btu/yr or less to meet the stated goal. The remaining 2,700 million Btu will be allocated to the planned 73,000 sf of additional residential space. • New development must be designed for 38 kBtu/sf yr or lower for fractional residential spaces and 34 kBtu/sf yr or lower for affordable housing spaces. • This energy goal is within reach. A 20% reduction in energy use of the existing site would free up enough energy annually to supply all new residential spaces on the site. The strategy for this reduction is addressed in Section 4. Page t L�1:113y i L— a IN 4 Conceptual Energy R MtecMurlc,11 t'yrAenas plan! Mprp CIub Section 2: Whole site systems: • A Ground -Source Heat Pump (GSHP) loop field under patios and the parking structure will provide 100% of peak cooling and approximately 40% of peak heating for the entire site. The loop field will consist of approximately 150 boreholes, 200 ft deep and 15 ft apart. • A campus -wide digital controls systems will allow advanced energy savings strategies, remote access and monitoring, and energy use analysis. The systems will also provide data for energy -use feedback to tenants. Aspen Club building: • Water -to -water and water -to -air GSHPs will provide space heating and cooling, pool heating, and domestic hot water (DHW). • A high efficiency condensing -modulating boiler array will provide an auxilliary heat source for peak heating events. • One or two larger air handlers using hot water coils for heating and evaporative media for cooling will replace all of the existing air handlers in the main area of the existing building. • The lower level spa and massage rooms will be retrofitted with radiant hydronic ceiling panels for heating and Energy Recovery Ventilators (ERVs) for ventilation. • New residential units in the Aspen Club building will have in -floor radiant tubing for heating and fan coil units for cooling. Water -to -water GSHP units connected to the central loop field will provide hot and cold water for heating and cooling. Individual GSHPs for each unit will allow for energy use sub metering. • Solar thermal collectors were not included in this round of modeling but could provide heat for DHW requirements and offset pool energy use. Affordable housing units: • The new affordable housing units will have in -floor radiant tubing and water -to - water GSHPs attached to the central loop field for heating. Individual GSHPs per unit will allow sub -metering of the living units. No cooling will be provided for these units. Town homes: • New town homes will have in -floor radiant tubing for heating and fan coil units for cooling. Water -to -water GSHP units connected to the central loop field will provide hot and cold water for heating and cooling. Individual GSHPs will allow for energy use sub -metering. Page 2 0 (,'c.w:.epW1, P 1 Fur y n; MeCnFSnPC3P iy3Cmii1S t"Ic+n: linpc'R Club Section 3: Historical Energy Use Breakdown Existing Site Energy Use 18,600 Million Btu/yr Snowm 3% Tennis bubble heating 7% Pool Heati 9% The average annual energy consumption of the site based on utility bills from January 2006, to July 2008 is 18,600 million Btu/yr. We used several methods and strategies to split total energy consumption into the following areas: • Space heating and cooling: We created an Energy-10 model (an hourly analysis, w/ Aspen weather data) based on building envelope, occupancy, and observed HVAC operation to estimate annual usage. • Lighting and plug loads: We used site observations to estimate lighting at 1.5 watts/sf installed and plug loads at 1.6 watts/sf installed. These peak loads were scheduled in the Energy-10 model based on occupancy patterns. • DHW: Most of the heated water used on site is used for showers and laundry. We calculated annual DHW energy use from overall water use, trends in facility use and occupancy, and estimated end -use water temperature. • Pool heating: We created an Energy-10 model based on the existing pool envelope to approximate yearly use. The air -handler is not currently operational and was not modeled. All heating energy is provided by the pool and spa boilers. • Tennis bubble: We created an Energy-10 model to approximate yearly energy use. The model used the approximate dimensions of the bubble, an R-value of 1.7 for the material, a temperature set point of 50`F, and the observed nameplate input and output of the bubble's dedicated air handler (80% efficiency). • Snowmelt: We modeled yearly energy use for snowmelt based on Aspen-Pitkin Energy Code calculations. We used the nameplate rating of the snowmelt boiler and assumed 821 hours per year of runtime; 125 btu/h-sf energy use. Snowmelt area was modeled at approximately 2500 sf. Page 3 Ll L Crmccrittlil E.ttera & ry":s4.i .;+;;i,?:+k Lp/stctms sn.n p) : n C?ub y - r ..,r_�a Section 4: Plan Reductions to energy use in the existing Aspen Club will come areas using a combination of different methods. Space heating & cooling: Existing club space Heating The breakdown of the existin g energy bills shows an average 20000 energy use of 7,450 million 15000 Btu/yr of natural gas and 797 million Btu/yr of electricity to m 10000 heat and cool the existing o building. This represents 4590 of 5 the total use. Using the heating soo0 system described in Section 3, our analysis shows a 68% 0 reduction in the energy required Total Site Existing Use Reduced Use for space heating resulting in Energy 5,625 million Btu/yr or 30% savings in total energy use for the existing building. Cooling energy will increase slightly to meet cooling demands of the existing club. The increase is extremely small due to the use of primarily evaporative cooling. Lighting and plug loads: Existing club Lighting and Plug toads Energy use by lights and 20000 -r — equipment totals 3,523 million &t@ Btu/yr (1033 MWh/yr), or about 15000 +° 19% of total yearly energy use. This can be reduced as part of m y the renovation using lower 10000 `o &— wattage lighting and control s000 t strategies that turn off lights and f _W 3 equipment when they are not in use. A 20% reduction in lighting - and plug loads in the existing Total site building results in 713 million Energy Btu/yr, or an additional 4% savings in overall energy use. :'All energy uses ... 0Savings Lighting & plugs .............. 7t_ � 3,523 2,810 Existing Use Reduced Use Page 4 0 Gnricept'w,f Enemy a Mechaneel S SteniS Pl rt: Aspen -"Rin DHW: The energy spent heating water for domestic use represents 3,170 million Btu/yr or about 18% of the total site energy. The majority of this is for laundry and showers. Using GSHPs, we can reduce energy use by 50%, which results in a savings of 1,670 million btus/yr or 9% of the overall energy use. Solar z0000 s soon Existing Club Domestic Hot Water thermal panels were not Total site Existing Use Reduced Use modeled, but could provide Energy additional energy savings. This technology would be especially appropriate given the year-round nature of DHW energy use in the club. Pool heating and ventilation: The development plan includes z0000 a major renovation to the pool facility. A new building ts000 envelope and air handling system will greatly increase t0000 indoor air quality and thermal o comfort in the space, but will f result in a small increase in pool soon energy use. Solar thermal panels were not modeled, but could g provide additional energy savings. Existing Club Pool Heating Total Site Existing Use Incresed Use Energy Tennis bubble: Existing Club Tennis Bubble Discarding the tennis bubble z0000 - -----.---—--- ----._--_- -_ and its heatingsystem, as y I �rt�' :All energy uses planned, represents a 7% , 15000 ). I ,..e `s %Savin s savings. The bubble is a fairly .ir`a ;, simple structure with a m [noon '� �' � rzTennis bubble _. straightforward heating system e......-. a� and is easily modeled. Our model predicts an average f soon g energy use of 1,224 million s £ 1,327 1,327 Btu/yr of natural gas and 103 n million Btu/yr of electricity for Total site Existing Use Reduced Use fans and lighting. This is based Energy on the optimistic 80% nameplate efficiency of the existing beating system, continuous conditioning to 50°F, and a generous R-1.7 insulation value for the skin of the bubble. Page 5 No IN 14 00 ConcPptuai Energy A.:. Mechanlcel Svstrros Pion: Aspen Ciub Snowmelt: The proposed area for snowmelt 20000 is 550% greater than the existing area, increasing the r 15000 energy used. We estimated the increased use with calculations 10000 based on the Aspen-Pitkin ° Energy Code and historic E 5000 snowfall data for the Aspen area. 0 Existing Club Snowmelt Total Site Epsting Use Increased Use Energy Energy Savings Plan Summary: The above savings measures in addition to increased energy use for pool heating and snowmelt, yield a total energy savings of 6,370 million Btu/yr or 34% over recent historic energy use. This represents enough energy to supply the planned new development as well as a cushion to absorb small changes in construction design, and allow for variability in energy use patterns of club guests and residential tenants. Snowmelt 18% Tenr h 0% Projected Site Energy Use 18,600 Million Btu/yr Pool Heating 10% ;pace heating & cooling 14% Lighting & Plugs 150/0 Page 6 Section 5: Final Development Energy Use New Energy Use 18,600 Million Btu/yr or less AnOr hor 2 Townh 89 Club rest unit 3°/ The energy use of the affordable housing, town homes, and club residential units shown in the graph above are based on Energy-10 models developed from planned construction design. System design was modeled as outlined in Section 2. The town homes as modeled will require 39 kBtu/sf/yr. The club units will require 37 kBtu/sf/yr, and the affordable housing units will require 34IcBtu/sf/yr. These numbers will vary somewhat based on final construction details, lighting design, and occupant use patterns. Conclusion: Our analysis shows that the goal of adding 73,000 square feet of residential space while using the same or less annual site energy is achievable. We believe these results are conservative. Detailed calculations and modeling results are available for review upon request. The 21 % overall savings shown above represents the cushion to absorb differences between planned energy use and the actual future energy use of the site. Page 7 EXHIBIT A Chapter 26.440, SPECIALLY PLANNED AREA (SPA) Sec 26.440.030(A) Standards for Designation. Any land in the City may be designated Specially Planned Area (SPA) by the City Council if, because of its unique historic, natural, physical or locational characteristics, it would be of great public benefit to the City for that land to be allowed design flexibility and to be planned and developed comprehensively as a multiple use development. A parcel of land designated Specially Planned Area (SPA) shall also be designated on the City's Official Zone District Map with the underlying zone district designation which is determined the most appropriate. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the uses and development which may be considered during the development review process. Staff Finding: In order for an SPA designation to be approved, this "Standards for Designation" requirement must be met. That is, the City Council, after hearing a recommendation from the Planning and Zoning Commission, must determine that because of the site's "unique historic, natural, physical or locational characteristics, it would be of great public benefit to the City for that land to be allowed design flexibility and to be planned and developed comprehensively as a multiple use development". Staff believes that the SPA designation would create a public benefit. It will allow multi -family affordable housing to be developed on the parcel, which is not currently a permitted use in the underlying zone district. This will enable the Club to house some of its employees that currently commute into Aspen, reducing impacts on the transportation system and the entrance to Aspen. Further, the timeshare development will provide for the Club, which the applicant has committed to reinvest in the Club building, thereby enabling to Club to continue to provide a home for many of the Valley's non -profits, upgrade the Club, and adding new specialized programming to be made available to the public. Staff finds this criterion to be met. Sec. 26.440.050. Review standards for development in a Specially Planned Area (SPA). A. General. In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and City Council shall consider the following: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Finding: The uses in the area are quite mixed, with commercial, single-family free market residential, multi -family affordable housing, and non-profit uses all on the adjacent properties. Along Ute Avenue, there are short term accommodations (The Gant) as well as a variety of residential uses. Both single-family residential and multi -family residential are located across the river. In terms of architecture, the applicant has stated that the proposed mass, scale, and materials are intended to convey a residential scale that is representative of the different buildings and uses in Exhibit A — SPA Review Criteria Page] of 8 the area, while also being true to the Club's use. The applicant has done this by making the "townhome" units residential in character (a mix of pitched and flat roofs, a material palate of stone and wood that is similar to residential uses in the area, modulation typical of residential townhomes) and changing the existing blank fagade of the club to be more articulated and pedestrian friendly. The applicant made a number of changes to the site plan during conceptual approval in an attempt to open the site up and create a greater visual connection with the river (moving one unit from the lower "bench" to the upper "bench," reconfiguring the siting of the units, moving the Club entrance to an area that overlooks proposed open area between the townhome units). The applicant has proposed a water feature as part of the landscaping plan. This water feature is located in the middle of the site and runs from the lower bench to the upper bench. There are paths that run through the site to connect the timeshare units to the Club and the parking areas. In addition, the applicant is providing a permanent trail easement for the path currently exists on site and connects the river area to the Club building and parking area. The applicant worked with planning staff and the fire department to come up with a way to provide adequate fire access without creating additional paved areas. The solution is the installation of grass pavers in portions of the upper bench area. Staff continues to have concerns related to the scale and mass of the "townhouse" units on the lower bench of the site, and believes there is too much massing proposed on the site. Staff believes the elimination or relocation of units 5 and 6 would create a clearer connection to the riparian area and would provide a needed break in the proposed massing. In terns of landscaping and open space, staff finds that additional refinement is needed for the landscape plan. The site is located near the urban/rural fringe, and as such the area has a more rural feel than other areas of town. The elimination or relocation of units 5 and 6 on the lower bench will help create the open space staff finds is needed in this proposal. The current landscape plan includes a great deal of paving, and seems rather formal. Given the site's context, staff believes less formal landscaping and less paving is needed. Staff finds that the proposed use mix will fit in with and is consistent with the variety of uses on the immediately adjacent parcels and the overall context of Ute Avenue. Staff believes the proposed health and wellness program will be a good addition to the existing Club services and to the community in general. Overall, staff finds this criterion to not be met. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Finding: Sufficient public facilities and roads exist to serve the proposed development. The traffic engineering report provided in the application indicates that the proposed development will not significantly alter the current service levels on Lite Avenue, or at the intersections between the Aspen Club and Cooper Avenue. The applicant has worked with city staff to create a set of Transportation Demand Management (TDM) tools that will help control the number of trips on Exhibit A — SPA Review Criteria Page 2 of 8 Ute Avenue as a result of this development. The applicant has also committed to not increase the amount of traffic on Ute Ave as a result of this project. The applicant has also committed to paying for street improvements to Ute Avenue, including speed tables, a trail connection, and paving part of the cul-de-sac. Further, the Applicant has agreed to upgrade the existing water service line and to relocate a sewer line to accommodate the proposed units. Staff finds this criterion to be met. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mudflow, rock falls, avalanche dangers and flood hazards. Staff Finding: The Applicant has located all development outside the Roaring Fork River's mapped 100-year floodplain. No other natural hazards are believed to affect the lot. The applicant conducted an avalanche study as part of the final application, which found the affordable housing units are in the "blue zone." According to the study, "blue zone" avalanches have a return period of 30 to 100 years, or a 1% to 3% probability annually. The applicant and Engineering Department have agreed to have the mudflow risk evaluated by the Colorado Geologic Survey. Staff finds this criterion to be met at this time. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Staff FindinE: The proposal replaces existing tennis courts with lodging units, adds lodging units to the existing building, and adds affordable housing units to an under-utilized portion of the site. While there are no protected view planes in the vicinity, Staff believes it is important to retain the perception of the riparian corridor throughout the site. During Conceptual Review, the Applicant made changes to the architecture and site plan to address Staffs concern. The applicant did move the club entrance to ensure views to the river were maximized. However Staff does not believe these changes go far enough to ensure the riparian area is made prominent in the design. Staff believes the elimination or relocation of units 5 and 6 will help open the site plan and make the riparian area more prominent. There is an existing path that crosses the Aspen Club property near the river. This path will be maintained in the proposal. Additionally, the applicant has committed to installing a sidewalk on their property along Ute Avenue to help complete a needed pedestrian connection. The applicant is also formally dedicating the trail running from the river to the parking area for the use and benefit of the public. The applicant has provided information from SGM Engineering stating there is adequate drainage on site. The Engineering Department has reviewed the application and is working with the applicant to ensure there is adequate documentation provided for the proposed drainage. Exhibit A — SPA Review Criteria Page 3 of 8 Overall, Staff finds this criterion is not met. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Staff Findinp: Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has some concerns relating to other aspects of the AACP. The Application meets a number of AACP goals related to affordable housing, economic sustainability, and arts and culture, and has made changes since Conceptual Review to meet goals related to transportation. The Applicant has also made changes to the site plan, which Staff believes brings the project closer to meeting the goals related to community character & design, and open space & environment. Overall, Staff finds this review criterion to be met. Housing: The Applicant is providing 145% of the required Affordable Housing, which is an important step in helping the community meet the Affordable Housing goals outlined in the AACP. The Housing section of the AACP states the intent of affordable housing is to "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial and free-market lodging with affordable housing. The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings. This section also states that, "Our housing policy should bolster our economic and social diversity, reinforce variety, and enhance our sense of community by integrating affordable housing into the fabric of our town. A healthy social balance includes all income ranges and types of people. Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. Managing Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Economic Sustainability: Further, the Economic Sustainability section of the AACP recognizes that "local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people" and that "the community and its governments should support local ownership as well as externally -owned businesses that are locally -serving and locally -involved" (Philosophy, pg 31). The Aspen Club Exhibit A — SPA Review Criteria Page 4 of 8 is owned by a variety of locals and non -locals, but it is a locally operated business. The stated goal of this proposal is to provide a new health and wellness opportunity for residents and visitors, and to use the money raised through the timeshare sales to subsidize programs for locals. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan, The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The applicant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. To that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and various energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture, & Education: The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's thriving year-round economy, its vibrant international profile, and its future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non -profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at large. The applicant has pledged to continue this commitment if the application is approved. Parks, Open Space, & Environment: The Parks, Open Space, & Environment section of the AACP discusses the need to "preserve, enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34), Staff believes the changes made to the application during conceptual review help the proposal move in the direction of enhancing the riparian area on the site, and bringing the riparian area into the site, however staff believes the current mass detracts from the natural beauty of the area. The removal or relocation of units 5 and 6 would further help the development meet this section of the AACP. This section also states that "All Developments should be in accordance with the Wildlife and Biodiversity map and the Parks, Open Space, and the Environment map to protect sensitive habitat areas (e.g. riparian corridor and Elk habitat)" (Policies, pg 35). The development is respecting the required stream margin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the riparian area. Design Quality The Design Quality section of the AACP asks that development "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community." The section also states that "we favor diversity tempered by context, sometimes historical, Exhibit A — SPA Review Criteria Page 5 of 8 sometimes not, as opposed to arbitrariness. `Context' refers first to region, then town, neighborhood, and finally the natural and man made features joining a particular development site. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42), Staff believes the ideas put forward in the Application for a health and wellness facility are good goals, and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture. Further, Staff finds that the changes help ensure the development will "enhance the special character of our community." The Aspen Club site is unique, and this Application proposes a unique addition to the Club. Staff believes the changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a good job of relating to the immediate context which is comprised of a variety of uses. In terms of massing, staff is concerned that there is too much mass on the site given its context of being on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed -use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking... by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also includes a policy to "require all employment, school, social, recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated." (Policies, pg 22) The applicant has worked with city staff to create a set of Transportation Demand Management (TDM) tools that focus on alternative forms of transportation, including carsharing, vanpools, carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen Club. Coordinated pick up service at the airport is also proposed for the timeshare users. Staff believes that the TDM plan meets the goals and policies of the AACP related to Transportation. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel or the surrounding neighborhood. Staff FindinE: The application states that all costs associated with public infrastructure improvements will be borne by the Applicant. This includes the realignment of a sewer line. The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal's traffic generation. In addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. Exhibit A -- SPA Review Criteria Page 6 of 8 A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety, and the preliminary report indicates there are adequate flows. The applicant is working with the City Water and Fire Departments to confirm this. The applicant is also working with the Engineering Department to ensure adequate drainage exists on the site. While no net new truck delivery traffic is anticipated as part of this project, it was found after Conceptual approval that the existing cul-de-sac does not have adequate pavement to meet city standards. Some improvements to the existing cul-de-sac pavement will be needed to accommodate truck traffic. The applicant is working with the Engineering Department to determine to what extent the applicant is responsible for the improvements. Staff finds this criterion to be met at this time. 7. Whether proposed development on slopes in excess of twenty percent (20%) meet the slope reduction and density requirements of Subsection 26.445.040.B.2. Staff Finding: The property's northern lot line lies in the Roaring Fork River, and then the property slopes up to meet Ute Ave on the south. There are slopes in excess of 20%, and the Applicant has made the appropriate slope reduction and density reductions. The total square footage on the lot is 215,232, but after slope reduction 171,047 square feet of land area is available for floor area calculations. The proposed development equals approximately 95,000 square feet, or an FAR of approximately 0.55:1. Staff finds this criterion to be met. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Finding: The Applicant has requested the necessary Affordable Housing and Lodge Growth Management Allotments. The proposal will decrease the amount of commercial space on site, so growth management allotments are not required. The applicant needs 12 affordable housing allotments and 124 lodge pillow allotments. In a single growth management year there are 112 lodge pillow allotments available. Because the applicant needs 12 more pillow allotments then are available in this growth management year, they have requested multi -year allotments. Staff finds this criterion to be met. B. Variations permitted. The final development plan shall comply with the requirements of the underlying zone district; provided, however, that variations from those requirements may be allowed based on the standards of this Section. Variations may be allowed for the following requirements: open space, minimum distance between buildings, maximum height, minimum front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash access area, internal floor area ratio, number of off-street parking spaces and uses and design standards of Chapter 26.410 for streets and related improvements. Any variations allowed shall be specified in the SPA agreement and shown on the final development plan. Exhibit A — SPA Review Criteria Page 7 of 8 Staff findinr: There are no requests to vary the dimensional requirements as part of the SPA. These requests are made under the PUD request. Staff finds these criteria to not be applicable. Exhibit A — SPA Review Criteria Page 8 of 8 EXHIBIT B Chapter 26.445, PLANNED UNIT DEVELOPMENT Sec. 26.445.050. Review Criteria conceptual, riinal, consolidated and minor PUD. A development application for conceptual, final, consolidated, conceptual and final or minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with conceptual reviews and properties eligible for minor PUD review, certain standards shall not be applied as noted. The burden shall rest upon an Applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding: Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has some concerns relating to other aspects of the AACP. The Application meets a number of AACP goals related to affordable housing, economic sustainability, and arts and culture, and has made changes since Conceptual Review to meet goals related to transportation. The Applicant has also made changes to the site plan, which Staff believes brings the project closer to meeting the goals related to community character & design, and open space & environment. Overall, Staff finds this review criterion to be met. Housine: The Applicant is providing 145% of the required Affordable Housing, which is an important step in helping the community meet the Affordable Housing goals outlined in the AACP. The Housing section of the AACP states the intent of affordable housing is to "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial and free-market lodging with affordable housing. The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings. This section also states that, "Our housing policy should bolster our economic and social diversity, reinforce variety, and enhance our sense of community by integrating affordable housing into the fabric of our town. A healthy social balance includes all income ranges and types of people. Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. Manaming Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the Exhibit B — PUD Review Criteria Page I of 18 affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Economic Sustainability: Further, the Economic Sustainability section of the AACP recognizes that "local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people" and that "the community and its governments should support local ownership as well as externally -owned businesses that are locally -serving and locally -involved" (Philosophy, pg 31). The Aspen Club is owned by a variety of locals and non -locals, but it is a locally operated business. The stated goal of this proposal is to provide a new health and wellness opportunity for residents and visitors, and to use the money raised through the timeshare sales to subsidize programs for locals. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan. The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The applicant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. To that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and various energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture, & Education: The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's thriving year-round economy, its vibrant international profile, and its future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non -profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at large. The applicant has pledged to continue this commitment if the application is approved. Parks, Open Space, & Environment: The Parks, Open Space, & Environment section of the AACP discusses the need to "preserve, enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34). Staff believes the changes made to the application during conceptual review help the proposal move in the direction of enhancing the riparian area on the site, and bringing the riparian area into the site, however staff believes the current mass detracts from the natural beauty of the area. The removal or relocation of units 5 and 6 would further help the development meet this section of the AACP. Exhibit B — PUD Review Criteria Page 2 of 18 This section also states that "All Developments should be in accordance with the Wildlife and Biodiversity map and the Parks, Open Space, and the Environment map to protect sensitive habitat areas (e.g. riparian corridor and Elk habitat)" (Policies, pg 35). The development is respecting the required stream margin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the riparian area. Design Quality The Design Quality section of the AACP asks that development "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community." The section also states that "we favor diversity tempered by context, sometimes historical, sometimes not, as opposed to arbitrariness. `Context' refers first to region, then town, neighborhood, and finally the natural and man made features joining a particular development site. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42). Staff believes the ideas put forward in the Application for a health and wellness facility are good goals, and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture. Further, Staff finds that the changes help ensure the development will "enhance the special character of our community." The Aspen Club site is unique, and this Application proposes a unique addition to the Club. Staff believes the changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a good job of relating to the immediate context which is comprised of a variety of uses. In terms of massing, staff is concerned that there is too much mass on the site given its context of being on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed -use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking... by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also includes a policy to "require all employment, school, social, recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated." (Policies, pg 22) The applicant has worked with city staff to create a set of Transportation Demand Management (TDM) tools that focus on alternative forms of transportation, including carsharing, vanpools, carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen Club. Coordinated pick up service at the airport is also proposed for the timeshare users. Staff believes that the TDM plan meets the goals and policies of the AACP related to Transportation. Exhibit B — PUD Review Criteria Page 3 of 18 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding: The proposed development is consistent with the character of the area. The neighborhood consists of a variety of single-family and multi -family homes, as well as commercial, non-profit and lodging uses. The proposed affordable housing is consistent with the adjacent properties, which include a number of affordable housing projects. Additionally, adjacent parcels also include non-profit and commercial uses. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding: Staff believes that this development will not adversely affect the future development of the area. Most of the area is at or near build out, so there is not a great deal of future development opportunities. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding: The Applicant has requested the needed Affordable Housing and Lodge Growth Management Allotments. The proposal will decrease the amount of commercial space on site, so commercial growth management allotments are not required. The applicant needs 12 affordable housing allotments and 124 lodge pillow allotments. In a single growth management year there are 112 lodge pillow allotments available. Because the applicant needs 12 more pillow allotments than are available in this growth management year, they have requested multi -year allotments. Staff finds this criterion to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized Staff Finding: The PUD development plans establish dimensional requirements for all properties in a PUD. The proposed dimensional requirements are based on the proposed subdivision of the exiting lot into 5 new lots. The dimensional requirements are listed below. When listing the dimensional Exhibit B — PUD Review Criteria Page 4 of 18 requirements, all front yard setbacks are the south side of the lots, all the rear yard setbacks are on the north side of the lots, and all the side yard setbacks are the east and west sides of the lots. Underlying RR Proposed Dimensional Requirements Dimensional Requirements Zone District Dimensional for subdivided lots based on fathering parcel Dimensional Requirement Requirements Lot 1: 124,661 sq. ft. Total Lot Area: 4.941 acres, Minimum Lot Lot 2: N/A or 215,232 sq. ft. Size Lot 3: 10,812 sq. ft. Lot Area after Slope 2.0 acres Lot 4: 26,110 sq. ft. Reduction: 171,047 sq. ft. Lot 5: 9,355 sq. ft. Minimum Lot Multi -Family: Area per N/A N/A N/A dwelling unit Lodge: N/A Lot 1: 277 Feet Lot 2: N/A Minimum Lot Lot 3: 135 Feet 352 Feet 200 Feet Width Lot 4: 266 Feet Lot 5: 95 Feet Lot 1: 30 feet above grade, 5 feet below grade Minimum Lot 2: N/A 7.5 Feet for Affordable Front Yard Lot 3: 10 feet Housing Units 30 Feet Setback Lot 4: 0 feet Lot 5: 7.5 feet Lot 1: 0 feet above and below grade Minimum Side Lot 2: N/A 5 Feet on east side for Yard Setback Lot 3: 10 feet Affordable Housing Units. 20 Feet (East Side) Lot 4: 20 feet Lot 5: 5 feet Lot 1: 60 feet above grade for building, 20 feet above grade for garage access Minimum Side stair, 5 feet below grade 5 Feet on west side for Yard Setback Lot 2: N/A subgrade garage; 20 feet for 20 Feet (West Side) Lot 3: 20 feet timeshare Unit 1. Lot 4: 5 feet Lot 5: 0 feet Lot 1: 100 feet (15 feet from Top of Slope) Minimum Rear Lot 2: N/A 100 Feet 20 Feet Yard Setback Lot 3: 10 feet Lot 4: 10 feet Lot 5: 10 feet Maximum Townhouse Units (Lots 3 & 4) Affordable Housing Unit 28 Feet Hei ht Pitched Roofs (Units 1, 7, 14): 28 feet 11, Northwest Corner: 32 Exhibit B— PUD Review Criteria Page 5 of 18 RR Underlying Dimensional Proposed Dimensional Requirements Dimensional Requirements Zone District Requirement for subdivided lots based on fathering parcel Dimensional Requirements Flat Roofs (Units 2-5, 8-13): 28 feet feet Club Units (Lot 2): 28 feet Affordable Housing Unit Affordable Housing Units (Lot 5): 28 12, Northwest Comer: 41 feet with the following exceptions: feet Unit 11, Northwest Corner: 32 feet Affordable Housing Unit Unit 12, Northwest Corner: 41 feet 12, Southwest Comer: Unit 12, Southwest Comer: 31.25 feet 31.25 feet Aspen Club Building (Lot 1): 28 feet Minimum % N/A N/A N/A Open Space Total FAR:.55:1 Total FAR:.55:1 Total: 94,750 sq. ft. Single-family: Total: 94,750 sq. ft. Multi -family (affordable Same as R-15 Multi -family (affordable housing units): housing units): 12,390 sq. ft. zone district Allowable 12,390 sq. ft. Lodge: 50,490 sq. ft. Multi -family: Floor Area Lodge: SQ490 sq. fr. (Townhouse Units: (Townhouse Units: 34,410 N/A 34,410 sq. ft.; Club Units: 16,080 sq. ft.) sq. fr.; Club Units: 16,080 sq. Lodge: N/A Commercial (Club): 31,870 sq. ft. ft Commercial (Club): 31,870 Commercial: N/A sq. ft. _ Lodge:.5 spaces per key (20 132 spaces total: 132 spaces total: spaces) Lodge: 20 spaces Club and Spa: I Lodge: 20 spaces Aspen Club and Spa: 95 space per 1000 Minimum Off- Aspen Club and Spa: 95 spaces (60 spaces (60 spaces on Lot 1; sq. ft. of net Street Parking spaces on Lot 1; 35 spaces on Lots 14A 35 spaces on Lots 14A & leasable (43 & 14W) 14W) spaces) AH units: 17 spaces AH units: 17 spaces AH units: I space per unit (12 spaces) I. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. Staff Finding: The uses in the area are quite mixed, with commercial, single-family free market residential, multi -family affordable housing, and non-profit uses all on the adjacent properties. Along Ute Avenue, there are short term accommodations as well as a Exhibit B — PUD Review Criteria Page 6 of 18 variety of residential uses. The proposed uses are consistent with the use mix on the adjacent parcels as well as the overall use context of Ute Ave. Overall, the height of the proposal is consistent with the underlying zoning. The three exceptions are to accommodate the affordable housing units. The affordable housing units are located in a portion of the upper bench of the site that is lower than the surrounding areas. It is lower than the existing club structure, the adjacent Silverlining Ranch, and lower than the Ute Avenue right of way. Staff believes the proposed heights will fit in the context of the development and neighborhood because the ground elevation is much lower than the surrounding ground elevations. Staff finds this criterion to be met. b. Natural or man-made hazards. Staff Finding: The Applicant has located all development outside the Roaring Fork River's mapped 100-year floodplain. No other natural hazards are believed to affect the lot. The applicant conducted an avalanche study as part of the final application, which found the affordable housing units are in the "blue zone." According to the study, "blue zone" avalanches have a return period of 30 to 100 years, or a 1% to 3% probability annually. The applicant and Engineering Department have agreed to have the mudflow risk evaluated by the Colorado Geologic Survey. Staff finds this criterion to be met at this time. c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. Staff FindinE: Most of the development proposed is within areas of the site that have already been impacted by development. The riparian area is being maintained through the fifteen (15) foot top of slope setback required by the Stream Margin portion of the Land Use Code. No development, including excavation, is permitted in this setback area. The applicant has worked with the Parks Department on the relocation of the existing walkway that connects the Aspen Club Trail and the parking across the river to the club. Staff finds this criterion to be met. d. Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding: The proposed TDM tools will assist in lowering the expected traffic impacts on Ute Ave as a result of this development. These tools include the use of carpooling and incentives for employees to use alternative modes of transportation, participation in the CarShare program, the availability of bikes for use by affordable housing residents and timeshare users, and coordinated shuttle service for visitors. Exhibit B — PUD Review Criteria Page 7 of 18 Additionally, the applicant is installing a sidewalk along Ute Ave to create a more pedestrian friendly environment. The applicant has also committed to zero growth in traffic as a result of this project. Staff finds this criterion to be met. Z. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding: No open space is currently proposed on -site. Staff recommends the Applicant look at ways to consolidate the paths that are used to access the individual timeshare units to help create more opportunities for open space. Further, Staff believes the elimination of units 5 and 6 will help created needed visual relief from the massing and will create better quality open space. Staff finds this criterion is not met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any non-residential land uses. b. The varying time periods of use, whenever joint use of common parking is proposed. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Findine: The proposal includes 132 parking spaces divided as follows: 20 for the timeshare units (code required amount), 17 for the affordable housing units (code requires 12 spaces, and an additional 5 spaces that are being provided for short term use, i.e. for guest parking or for grocery drop off), and 95 spaces for the club (this is 4 more spaces than was approved by City Council in 1996). The applicant examined locating more parking in the sub - grade garage to help reduce the amount of surface parking. The water table is located in such a way that additional subgrade parking cannot be accommodated on this site. The 20 timeshare and 12 of the affordable housing spaces will be located in the subgrade garage. Employees of the Club will continue to use Lots 14A and 14W (located across the river) for their parking, which will make more onsite parking available for club users. In addition, the applicant has created a detailed TDM plan that employs a number of alternative transportation modes in an effort to reduce the project's dependence on the car Exhibit B — PUD Review Criteria Page 8 of 18 and need for parking. No parking is permitted along Ute Ave. Staff finds these criteria to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specially, the maximum density of a PUD may be reduced if.• a. There is not sufficient water pressure, drainage capabilities or other utilities to service the proposed development. b. There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed development. Staff FindinP: Adequate public facilities exist and will be upgraded at the owner's expense. This includes the realignment of a sewer line. The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal's traffic generation. In addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety and the preliminary report indicates there are adequate flows. The applicant is working with the City Water and Fire Departments to confirm this. The applicant is also working with the Engineering Department to ensure adequate drainage exists on the site. Staff finds this criterion to be met at this time. S. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a. The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rockfalls or avalanche dangers. b. The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. c. The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d. The design and location of any proposed structure, road, driveway or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff FindinP: Staff does not find any significant natural hazards on the site that would necessitate a density reduction. For the most part, the proposed development is located in areas of the site that currently contain development. Based on the information provided in the application, Staff does not believe the proposal will involve a pernicious impact on the site's natural watershed. The applicant is working with engineering to ensure drainage Exhibit B — PUD Review Criteria Page 9 of 18 into the watershed and Roaring Fork River is properly treated. Staff finds this criterion to be met at this time. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. a. The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b. The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in Subparagraphs 4 and 5, above, those areas can be avoided or those characteristics mitigated c. The increase in maximum density results in a development pattern compatible with and complimentary to, the surrounding existing and expected development pattern, land uses and characteristics. Notes: a. Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as, on average, the entire PUD conforms to the maximum density provisions of the respective Zone District or as otherwise established as the maximum allowable density pursuant to a final PUD Development Plan. b. The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. Staff Finding: There are no set density requirements for the Rural Residential (RR) zone district, so density is established by the PUD. Staff believes that the density on site is appropriate in terms of creating a critical mass for club services. Staff does have concerns related to the massing of the site, and would like to see units 5 and 6 removed, or at the very least relocated to another area of the site (say create additional club units). Staff finds this criterion to be met. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding: The site has a great asset in the Roaring Fork River, which crosses the site. The Applicant will abide by all requirements for stream margin review, which will help preserve the riparian area. There is an existing path that crosses the stream margin area, and the applicant Exhibit B — PUD Review Criteria Page 10 of 18 has worked with the Parks and Community Development Departments on a new location for the path that will minimize the impact to the hillside. The realigned path will also be formally dedicated through a trail easement. The proposed development and utilities are located outside of the stream margin area. However, staff does not believe that the site plan appropriately preserves or enhances this important natural feature. The elimination of units 5 and 6 would help alleviate staff s concerns. At this time, staff finds this criterion is not met. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding: No significant existing open spaces will be lost with this proposal, as the timeshare units are proposed where the tennis courts are currently located. During Conceptual approval the applicant amended the site plan to create a larger open space on the lower bench of the property. Staff does not believe this has created a large enough area to preserve and enhance views of the river and riparian area. The elimination or relocation of units 5 and 6 would help alleviate staffs concerns. At this time, staff finds this criterion is not met. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding: The timeshare units are not located along Ute Avenue because most of the street frontage is already used to accommodate the existing Club. The proposed affordable housing units are located adjacent to the street, and Staff believes these will contribute to the street character and neighborhood context. Additionally, the Club Units will help create a more pedestrian friendly environment by providing fenestration and interest to the exiting blank wall that exists as you enter the property from Ute Ave. The Applicant has agreed to provide an easement along the Ute Ave portion of the site to accommodate the eventual continuation of the Ute Ave trail. Additionally, a new bus stop/pull out and shelter are proposed to better accommodate the Cross Town Shuttle. Most of these improvements are located in the public right of way, but easements are provided on the Subdivision Plat to accommodate the portions on site. While the landscaping plan outlines paths throughout the site, Staff believes a simplified plan is more appropriate in this context. This site is uniquely located in an area that is on the Urban/Rural fringe and adjacent to the Roaring Fork River. As such, there is an opportunity to provide unique structures that reflect the diverse settings. While there are multi -family and single-family homes in the area, Staff believes the mission of this development (wellness and personal growth) and it's unique location enable the design to be reflective of the surrounding residences while providing a different take on the design that reflects the Club's mission. Provision of more open areas on the site and the elimination of some of the mass would help the overall design better relate to the rural context. The elimination of units 5 and 6 would help alleviate staffs concerns. At this time, staff finds this criterion is not met. Exhibit B — PUD Review Criteria Page I I of 18 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding: The City of Aspen Fire Marshal has reviewed the proposal, and has found it to be in compliance with all applicable life safety requirements. The Fire Marshall requested a staircase be added to the western side of the site to connect the upper and lower bench. This was added during the Conceptual review and resulted in the elimination of one parking space (the total # of parking spaces decreased from 133 at conceptual to 132 at final). The existing surface parking area accommodates fire truck turn arounds, and must be maintained. The applicant worked with the Fire and Community Development Departments to utilize grass pavers that can accommodate fire truck loads. This was done to reduce the amount of impervious surface on the site. Further, all structures will be required to include fire sprinkler systems, and fire alarm systems. The applicant will be required to ensure adequate fire access exists in the subgrade garage. Staff finds this criterion to be met. 5. Adequate pedestrian and handicapped access is provided. Staff Finding: According to the Application, the project will comply with all applicable requirements. This has been included as a condition in the Resolution. Two of the Club units are ADA Accessible, and a number of the other units include ADA bathrooms. As mentioned above, the Club will dedicate an easement for the future completion of the Ute Avenue trail. Staff finds this criterion to be met. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding: According to a letter submitted by the Applicant's engineer, site drainage will be handled with some drainage improvements to maintain historic runoff. Further, the Applicant's engineer states that the timeshare units will have a similar footprint to the existing tennis courts, so an expansion of the impervious surface will be minimal. The Applicant will be required to pay the applicable Storm Water Fee assessed by the Engineering Department. If areas are re -paved as part of the redevelopment, Staff recommends that the re -paving utilize pervious paving materials. The applicant is working with the Engineering Department to ensure runoff is properly treated. Staff finds this criterion to be met. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding: There is a significant grade difference between the proposed timeshare units near the river and the existing Club. The units that are located at the same grade as the Club do provide sufficient spacing. Staff would like to the elimination of units 5 and 6, which would increase Exhibit B — PUD Review Criteria Page 12 of 18 the amount of space available for outdoor programming elements. Staff finds this criterion is not met at this time. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Staff Finding: The Applicant has provided a landscaping plan with a number of new plantings proposed. This has been reviewed by the Parks Department, who is working with the applicant to ensure proper native plants are used. Staff finds this criterion to be met. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Staff Finding: The Parks Department has requested a condition of approval to limit the construction of the trail through the riparian area to hand tools. This condition has been included. No development is proposed in the protected riparian area. Staff finds this criterion to be met. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding: The Applicant has provided a landscaping plan with a number of new plantings proposed. This has been reviewed by the Parks Department, who is working with the applicant to ensure proper native plants are used. In terms of landscaping, staff finds that additional refinement is needed for the landscape plan. The site is located near the urban/rural fringe, and as such the area has a more rural feel than other areas of town. The elimination or relocation of units 5 and 6 on the lower bench will help create the open space staff finds is needed in this proposal. The current landscape plan includes a great deal of paving, and seems rather formal. Given the site's context, staff believes less formal landscaping and less paving is needed. The applicant is maintaining the existing Aspen Club trail that crosses the property, and is creating a new trial easement that connects the river area to the Club building and the parking area. There is an existing path that is being reconfigured (after consultation with the Parks Department) and will be in the new trail easement. Only hand tools will be used in the stream margin area for this path. The applicant is also creating a fisherman's easement. Exhibit B—PUD Review Criteria Page 13 of 18 Additionally, the applicant has committed to installing a sidewalk on their property along Ute Avenue to help completed a needed pedestrian connection. Overall, staff finds this criterion is not met. E. Architectural Character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. Staff Finding: The Aspen Club site is unique, and this Application proposes a unique addition to the Club through the new health and wellness program. Staff believes the architecture should reflect these opportunities. In terms of architecture, the applicant has stated that the proposed mass, scale, and materials are intended to convey a residential scale that is representative of the different buildings and uses in the area, while also being true to the Club's use. The applicant has done this by making the "townhome" units residential in character (a mix of pitched and flat roofs, materials palate of stone and wood that is similar to residential uses in the area, modulation typical of residential townhomes) and changing the existing blank fagade of the club to be more articulated and pedestrian friendly. Staff has concerns related to the massing of the proposal. In addition, the proposal will be subject to final Commercial Design Review following approval of the final PUD/SPA application. Staff anticipates having concerns related to the specific Commercial Design Review Criteria, including Building Design and Articulation. The applicant has proposed a water feature as part of the landscaping plan. This water feature is located in the middle of the site and runs from the lower bench to the upper bench. There are paths that run through the site to connect the timeshare units to the Club and the parking areas. In addition, the applicant is providing a permanent trail easement for the Aspen Club Trail that currently exists on site. The applicant worked with planning staff and the fire department to come up with a way to provide adequate fire access without creating additional paved areas. The solution is the installation of grass pavers in portions of the upper bench area. The elimination or relocation of units 5 and 6 would help alleviate staffs concerns. At this time, staff finds this criterion is not met. Z Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less -intensive mechanical systems. Staff Finding: The site plan utilizes the north/south exposure on the lot, and is participating in the new LEED for Neighborhoods program. The applicant is also planning use of renewable energy, Exhibit B — PUD Review Criteria Page 14 of 18 including a Growth Source Heat Pump loop for heating and cooling, as outlined in their Conceptual Energy & Mechanical Systems Plan. Staff finds this criterion is met. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. Staff Findine: The Applicant has included a detailed snow removal and storage plan as part of the final application. This plan includes snow melt systems and onsite storage of snow. In addition, the parking and fire access areas will be plowed. Staff finds this criterion to be met. F. Lighting. 1. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. 2. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up -lighting of site features, buildings, landscape elements and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding: The PUD will comply with all lighting regulations in place. No lighting shall be permitted in the stream margin area (fifteen (15) foot setback area from top of slope) or in any area below the top of slope line (toward the river) unless it is in the exact location of the existing lighting and requires no additional disturbance to the stream margin area. Staff finds these criteria to be met. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Exhibit B — PUD Review Criteria Page 15 of 18 Staff Finding: There are no common spaces proposed as part of this application. Staff finds these criteria to be not applicable. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding: The application states that all costs associated with public infrastructure improvements will be home by the Applicant. This includes the realignment of a sewer line. The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal's traffic generation. In addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety. The preliminary report indicates there are. The applicant is working with the City Water and Fire Departments to confirm this. The applicant is also working with the Engineering Department to ensure adequate drainage exists on the site. While no net new truck delivery traffic is anticipated as part of this project, it was found after Conceptual approval that the existing cul-de-sac does not have adequate pavement to meet city standards. Some improvements to the existing cul-de-sac pavement will be needed to accommodate truck traffic. The applicant is working with the Engineering Department to determine to what extent the applicant is responsible for the improvements. Staff finds this criterion to be met at this time. L Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: Exhibit B — PUD Review Criteria Page 16 of 18 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding: Staff believes that all structures and uses have appropriate access to a public street. The timeshare units, club, and affordable housing units have access from Ute Avenue, while the additional parking on Lot 14A is accessed from Highway 82. There is also pedestrian access available from the Aspen Club Trail located by the river. The trail that provides access from Lot 14A to the club will be formally dedicated for public use as part of this application. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding: The Applicant has submitted a Traffic Report that indicates the proposed parking configuration will not adversely impact traffic levels on Ute Avenue or the adjacent Intersections. The applicant has committed to no new traffic as a result of this development. Staff finds this criterion to be met. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. Staff Finding: The proposed development will not result in any changes to the existing Trail easements. The Applicant has also agreed to provide an easement along Ute Avenue to continue the Ute Avenue Trail. In addition a new trial easement will be provided for the trail that connects the river to the Club building. Staff finds this criterion to be met. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Staff Finding: The Applicant has agreed to provide an easement along Ute Avenue to continue the Ute Avenue Trail. In addition a new trial easement will be provided for the trail that connects the river to the Club building. Staff finds this criterion to be met. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Exhibit B — PUD Review Criteria Page 17 of 18 Staff Finding: There are no internal streets proposed as part of this PUD. Staff finds this criterion to be met. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding: There are no gates or guard posts proposed as part of this PUD. Staff finds this criterion to be met. I Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. Staff Finding: No phasing is proposed as part of this development. The development will take place approximately over a two (2) year period, however, the applicant has requested a seven (7) year vesting period because of the national economic outlook and the availability of funding for mixed use projects. Staff finds this criterion to be met, but recommends against the 7 year vesting period. Exhibit B — PUD Review Criteria Page 18 of 18 EXHIBIT C Chapter 26.590, TIMESHARE DEVELOPMENT Sec. 26.590.070. Review standards for timeshare lodge development. An applicant for timeshare lodge development shall demonstrate compliance with each of the following standards, as applicable to the proposed development. These standards are in addition to those standards applicable to the review of the PUD and Subdivision applications. A. Fiscal impact analysis and mitigation. Any applicant proposing to convert an existing lodge to a timeshare lodge development shall be required to demonstrate that the proposed conversion will not have a negative tax consequence for the City. In order to demonstrate the tax consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact study as part of the final PUD application. The fiscal impact study shall contain at least the following comparisons between the existing lodge operation and the proposed timeshare lodge development: 1. A summary of the sales taxes paid to the City for rental of lodge rooms during the prior five years of its operation. If the lodge has stopped renting rooms prior to the time of submission of the application, then the summary shall reflect the final five (5) years the lodge was in operation. The summary of past taxes paid shall be compared to a projection of the sales taxes the proposed timeshare lodge development will pay to the City over the first five (5) years of its operation. As part of this projection, the applicant shall specify the number of nights the applicant anticipates each timeshare lodge unit will be available for daily rental to visitors (that is, the annual number of nights when the unit will not be occupied by the owner or the owner's guests), the expected visitor occupancy rate for these units, the expected average daily cost to rent the unit and the resulting amount of sales tax that will be paid to the City. 2. An estimation of the real estate transfer taxes that would be paid to the City if the existing lodge were to be sold. If an actual sale of the property has occurred within the last twelve (12) months, then the real estate taxes paid for that sale shall be used. This estimation shall be compared to a projection of the real estate transfer taxes the proposed timeshare lodge development will pay to the City over the first five (5) years of its operation. This projection shall include a statement of the expected sales prices for the timeshare estates and the applicable tax rate that will be applied to each sale. 3. A summary of the City -portion of the property taxes paid for the lodge for the prior five (5) years of its operation and a projection of the property taxes the proposed timeshare lodge development will pay to the City over the first five (5) years of its operation. This projection shall include a statement of the Exhibit C — Timeshare Review Criteria Page I of 7 expected value that will be assigned to the property by the Tax Assessor and the applicable tax rate. The fiscal impact study may also contain such other information that the applicant believes is relevant to understanding the tax consequences of the proposed development. For example, the applicant may provide information demonstrating there will be "secondary" or "indirect" tax benefits to the City from the occupancy of the timeshare units, in terms of increased retail sales and other economic activity in the community as compared to the existing lodge development. The applicant shall be expected to prove definitively why the timeshare units would cause such economic advantages that would not be achieved by a traditional lodge development. Any such additional information provided shall compare the taxes paid during the prior five (5) years of the lodge's operation to the first five (5) years of the proposed timeshare lodge's operation. If the fiscal impact study demonstrates there will be an annual tax loss to the City from the conversion of an existing lodge to a timeshare lodge in any of the specific tax categories (property tax, sales tax, lodging tax, RETT tax), then the applicant shall be required to propose a mitigation program that resolves the problem, to the satisfaction of the City Council. Analysis of the fiscal impact study shall compare existing tax revenues for a lodging property with anticipated tax revenues. The accepted mitigation program shall be documented in the PUD agreement for the project that is entered into between the applicant and the City Council. Staff Findings: The proposal does not include any conversion of an existing lodge into a timeshare loge development. Staff finds this criterion to not be applicable. B. Upgrading of existing projects. Any existing project that is proposed to be converted to a timeshare lodge development shall be physically upgraded and modernized. The extent of the upgrading that is to be accomplished shall be determined as part of the PUD review, considering the condition of the existing facilities, with the intent being to make the development compatible in character with surrounding properties and to extend the useful life of the building. 1. To the extent that it would be practical and reasonable, existing structures shall be brought into compliance with the City's adopted Fire, Health and Building Codes. 2. No sale of any interest in a timeshare lodge development shall be closed until a Certificate of Occupancy has been issued for the upgrading. Staff Findings: The Applicant proposes an entirely new project, which does not include any conversion of an existing lodge into a timeshare loge development. The new development will be Exhibit C - Timeshare Review Criteria Page 2 of 7 required to meet all City health, fire, and building codes. Staff finds this criterion to not be applicable. C. Preservation of existing lodging inventory. An express purpose of these regulations is to preserve and enhance Aspen's existing lodging inventory. Therefore, any proposal to convert an existing lodge or other property that provides short-term accommodations to a timeshare lodge should, at a minimum, replace the existing number of units on the property in the planned timeshare lodge. If the applicant is unable to replace the existing number of units, then the timeshare lodge development shall replace the existing number of bedrooms on the property or the applicant shall demonstrate how the proposal complies with the purposes of these regulations, even though the planned timeshare lodge will not replace either the existing number of units or bedrooms. Staff Findings: The Applicant proposes an entirely new project, which does not include any conversion of an existing lodge into a timeshare loge development. The new development will bring additional lodge rooms to the City's Lodging stock. Staff finds this criterion to not be applicable. D. Affordable housing requirements. 1. Whenever a timeshare lodge development is required to provide affordable housing, mitigation for the development shall be calculated by applying the standards of the City's housing designee for lodge uses. The affordable housing requirement shall be calculated based on the maximum number of proposed lock out rooms in the development and shall also take into account any retail, restaurant, conference or other functions proposed in the lodge. Staff Findings: While this section requires affordable housing mitigation to be based on the number of lock -off rooms, updates to the land use code require mitigation be based on bedrooms. Section 26.470.050 of the Land Use Code requires projects to provide mitigation equal to 60% of the employees generated. Section 26.470.100.A.1 states that there are .5 FTEs generated per lodging bedroom. This project's twenty (20) units include sixty-two (62) bedrooms, creating a generation of 31 FTEs (62 bedrooms * .5). Therefore, the mitigation requirement is 18.6 FTEs (31 FTEs * 60%). The applicant has proposed to provide housing for twenty-seven (27) FTEs onsite in twelve (12) 2-bedroom units. This exceeds the code requirement by nearly 145%. No mitigation is required as part of the Club remodel, as there is no increase in the amount of net leasable area. Staff finds this criterion to be met. 2. The conversion of any multi -family dwelling unit that meets the definition of residential multi -family housing to timesharing shall comply with the Exhibit C — Timeshare Review Criteria Page 3 of 7 provisions of Chapter 26.530, Resident Multi -Family Replacement Program, even when there is no demolition of the existing multi -family dwelling unit. There are currently no multi -family dwelling units on the property. Staff finds this criterion to not be applicable. E. Parking requirements. 1. The parking requirement for timeshare lodge development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock out rooms in the development. Staff Findings: Pursuant to section 26.515.030 of the Land Use Code, 0.5 parking spaces are required for each key in a lodge development. There are a maximum of forty (40) keys, resulting in a parking requirement of twenty (20) parking spaces for the timeshare units (40 * 0.5 — 20). The Applicant has provided twenty (20) spaces in the sub -grade parking garage for the timeshare units. Staff finds this criterion to be met. 2. The timeshare lodge development shall also provide an appropriate level of guest transportation services, such as vans or other shuttle vehicles, to offer an alternative to having owners and guests using their own vehicles in Aspen. Staff Findings: The Applicant has provided a detailed Transportation Demand Management (TDM) plan as part of the final application. The TDM plan includes on -demand shuttle services to and from the airport for owners and guests of the timeshare units. This service will operate separate from their in town shuttle services. Additionally, the sales and marketing materials will highlight the overall philosophy of the project (healthy living) as well as the transportation options available at the club. These include the use of the Car Share program, and on -site bikes. The applicant has also committed to having zero growth in traffic trips as part of this project. Staff finds this criterion to be met. 3. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on -site when the owner is not using that estate. Staff Findings: The timeshare owners will be prohibited from storing their cars in the garage when they are not staying in their unit. Staff finds this criterion to be met. F. Appropriateness of marketing and sales practices. The marketing and sale of timeshare estates shall be governed by the real estate laws set forth in Title 12, Article 61, C.R.S., as may be amended from time to time. The applicant and licensed marketing entity shall present to the City a plan for marketing the timeshare development. Exhibit C — Timeshare Review Criteria Page 4 of 7 1. The following marketing and sales practices for a timeshare development shall not be permitted: a. The solicitation of prospective purchasers of timeshare units on any street, mall or other public property or facility; and b. Any unethical sales and marketing practices which would tend to mislead potential purchasers. 2. Giving of gifts to encourage potential purchasers to attend a sales presentation or to visit a timeshare development is permitted, provided the gift reflects the local Aspen economy. For example, gifts for travel to or accommodations in Aspen, restaurants in Aspen and local attractions (ski passes, concert tickets, rafting trips, etc.) are permitted. Gifts that have no relationship to the local Aspen economy are not permitted. The following gifts are also not permitted: a. Any gift for which an accurate description is not given; b. Any gift package for which notice is not given to the prospective purchaser that the purchaser will be required to attend a sales presentation as a condition of receiving the gifts; and c. Any gift package for which the printed announcement of the requirement to attend a sales presentation is in smaller type face than the information on the gift being offered. Staff Findings: The Applicant has committed to incorporating all the above requirements in the final timeshare instruments. These requirements are incorporated into the draft Disclosure document. The timeshare instruments will be recorded simultaneously with the PUD/SPA Agreement. Staff finds this criterion to be met. G. Adequacy of maintenance and management plan. The applicant shall provide documentation and guarantees that the timeshare lodge development will be appropriately managed and maintained in a manner that will be both stable and continuous. This shall include an identification of when and how maintenance will be provided and shall also address the following requirements: 1. A fair procedure shall be established for the estate owners to review and approve any fee increases which may be made throughout the life of the timeshare development, to provide assurance and protection to timeshare owners that management/assessment fees will be applied and used appropriately. 2. The applicant shall also demonstrate that there will be a reserve fund to ensure that the proposed timeshare development will be properly maintained throughout its lifetime. Staff Findings: The Applicant has committed to incorporating all the above requirements in the final timeshare instruments. These requirements are incorporated into the draft Disclosure Exhibit C — Timeshare Review Criteria Page 5 of 7 document. The timeshare instruments will be recorded simultaneously with the PUD/SPA Agreement. Staff finds this criterion to be met. H. Compliance with State Statutes. The applicant shall demonstrate that the proposed timeshare lodge development will comply with all applicable requirements of Title 12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.; including the requirements concerning the five (5) day period for rescission of a sales contract and the procedures for holding deposits or down payments in ;�FYy iU]5'!I Staff Findings: The Applicant has committed to incorporating all the above requirements in the final timeshare instruments. These requirements are incorporated into the draft Disclosure document. The final timeshare instruments will be recorded simultaneously with the PUD/SPA Agreement. Staff finds this criterion to be met. 1. Approval by condominium owners. If the development that is proposed to be timeshared is a condominium, the applicant shall submit written proof that the condominium declaration allows timesharing, that one hundred percent (100%) of the owners of the condominium units have approved the timeshare development, including any improvements to the common elements that the applicant may propose, that all mortgagees of the condominium have approved the proposed timeshare development and that all condominium units in the timeshare development will be included in the same sales and marketing program. Staff Findings: The project currently does not have condominium owners. Staff finds this criterion to not be applicable. J. Prohibited practices and uses. Without in any way limiting any requirement contained in this Chapter, it is unlawful for any person to knowingly engage in any of the following practices: 1. The creation, operation or sale of a right -to -use interest or any other timeshare concept which is not specifically allowed and approved pursuant to the requirements of this Section. Right -to -use timeshare concepts (e.g., lease -holds and vacation clubs) are considered inappropriate in Aspen and are not permitted. 2. Misrepresentation of the facts contained in any application for timeshare approval, timeshare development instruments or disclosure statement. 3. Failure to comply with any representations contained in any application for timesharing or misrepresenting the substance of any such application to another who may be a prospective purchaser of a timeshare interest. 4. Manage, operate, use, offer for sale or sell a timeshare estate or interest therein in violation of any requirement of this Chapter or any approval -granted pursuant hereto or cause or aid and abet another to violate any Exhibit C— Timeshare Review Criteria Page 6 of 7 requirement of this Chapter or an approval granted pursuant to this Chapter. (Ord. No. 21-2002 § 1 (part), 2002; Ord. No. 13-2005, § 5) Staff Findines: The Applicant has committed that they will not knowingly engage in any of the above mentioned activities. Staff finds this criterion to be met. Exhibit C—Timeshare Review Criteria Page 7 of 7 EXHIBIT D Chapter 26.470, Growth Management Quota System See. 26.470.050.B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Finding: The Application includes a request for multi -year allotment for the timeshare portion of the development and 12 allotments for affordable housing. There are sufficient affordable housing allotments available. This review criterion is not applicable to the timeshare portion of the applicant. Staff finds this criterion to be met. 2. The proposed development is consistent with the Aspen Area Community Plan. Staff Findine: Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has some concerns relating to other aspects of the AACP. The Application meets a number of AACP goals related to affordable housing, economic sustainability, and arts and culture, and has made changes since Conceptual Review to meet goals related to transportation. The Applicant has also made changes to the site plan, which Staff believes brings the project closer to meeting the goals related to community character & design, and open space & environment. Overall, Staff finds this review criterion to be met. Housing: The Applicant is providing 145% of the required Affordable Housing, which is an important step in helping the community meet the Affordable Housing goals outlined in the AACP. The Housing section of the AACP states the intent of affordable housing is to "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial and free-market lodging with affordable housing. The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings. This section also states that, "Our housing policy should bolster our economic and social diversity, reinforce variety, and enhance our sense of community by integrating affordable housing into the fabric of our town. A healthy social balance includes all income ranges and types of people. Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12 Exhibit D—GMQS Review Criteria Page I of 10 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. Managing Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Economic Sustainability: Further, the Economic Sustainability section of the AACP recognizes that "local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people" and that "the community and its governments should support local ownership as well as externally -owned businesses that are locally -serving and locally -involved" (Philosophy, pg 31). The Aspen Club is owned by a variety of locals and non -locals, but it is a locally operated business. The stated goal of this proposal is to provide a new health and wellness opportunity for residents and visitors, and to use the money raised through the timeshare sales to subsidize programs for locals. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan. The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The applicant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. To that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and various energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture, & Education: The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's thriving year-round economy, its vibrant international profile, and its future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non -profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at large. The applicant has pledged to continue this commitment if the application is approved. Exhibit D — GMQS Review Criteria Page 2 of 10 Parks, Open Space, & Environment: The Parks, Open Space, & Environment section of the AACP discusses the need to "preserve, enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34). Staff believes the changes made to the application during conceptual review help the proposal move in the direction of enhancing the riparian area on the site, and bringing the riparian area into the site, however staff believes the current mass detracts from the natural beauty of the area. The removal or relocation of units 5 and 6 would further help the development meet this section of the AACP. This section also states that "All Developments should be in accordance with the Wildlife and Biodiversity map and the Parks, Open Space, and the Environment map to protect sensitive habitat areas (e.g. riparian corridor and Elk habitat)" (Policies, pg 35). The development is respecting the required stream margin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the riparian area. Design Quality: The Design Quality section of the AACP asks that development "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community." The section also states that "we favor diversity tempered by context, sometimes historical, sometimes not, as opposed to arbitrariness. `Context' refers first to region, then town, neighborhood, and finally the natural and man made features joining a particular development site. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42). Staff believes the ideas put forward in the Application for a health and wellness facility are good goals, and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture. Further, Staff finds that the changes help ensure the development will "enhance the special character of our community." The Aspen Club site is unique, and this Application proposes a unique addition to the Club. Staff believes the changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a good job of relating to the immediate context which is comprised of a variety of uses. In terms of massing, staff is concerned that there is too much mass on the site given its context of being on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed -use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking... by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also includes a policy to "require all employment, school, social, recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated." (Policies, pg 22) Exhibit D — GMQS Review Criteria Page 3 of 10 The applicant has worked with city staff to create a set of Transportation Demand Management (TDM) tools that focus on alternative forms of transportation, including carsharing, vanpools, carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk along Lite Avenue to make walking and biking safer and more viable. The TDM plan includes a commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen Club. Coordinated pick up service at the airport is also proposed for the timeshare users. Staff believes that the TDM plan meets the goals and policies of the AACP related to Transportation. 3. The development conforms to the requirements and limitations of the Zone district. Staff Finding: The application is for an SPA and PUD to vary the underlying dimensional and use requirements for this site. The project will comply with all dimensional and use requirements that are established as part of the final PUD/SPA review. Staff finds this criterion to be met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. Staff Finding: The project received conceptual commercial design review approval and conceptual PUD approval. The final application is consistent with both those approvals. Staff finds this criterion to be met. 5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended An applicant may choose to provide mitigation units at a lower category designation. Staff Finding: The applicant has committed to meeting the 60% employee mitigation number for the Growth Management Review, which is the highest mitigation level outlined in the code for lodge development. The lodge development includes 62 bedrooms (ten 3-bedroom units, four 4-bedroom units, four 3-bedroom units, and two 2-bedroom units). Land Use Code section 26.470.100.A.1 states that there are .5 FTEs per lodging bedroom. Therefore, the employee generation is 31 FTEs (62 lodge bedrooms * .5 FTEs = 31 FTEs). At a mitigation level of 60%, the required mitigation for the project is 18.6 FTEs (31 FTEs * 60%= 18.6 FTEs). Exhibit D — GMQS Review Criteria Page 4 of 10 The applicant is providing twelve 2-bedroom affordable housing units. Land Use Code section 26.470.100.A.2 states that each 2 bedroom unit houses 2.25 FTEs. Therefore, the proposed 12 affordable housing units will house 27 FTEs (12 two -bedroom units * 2.25FTEs = 27 FTEs). This is approximately 145% of the required affordable housing mitigation. Staff finds this criterion to be met. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed -restricted at any level of affordability, including residential occupied. Staff Finding: No free-market residential development is proposed as part of this application. Staff finds this criterion is not applicable. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. (Ord. No. 14, 2007, §l) Staff Finding: Adequate public facilities exist and will be upgraded at the owner's expense. This includes the realignment of a sewer line. The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal's traffic generation. In addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety and the preliminary report indicates there are adequate flows. The applicant is working with the City Water and Fire Departments to confirm this. The applicant is also working with the Engineering Department to ensure adequate drainage exists on the site. Staff finds this criterion to be met at this time. Sec. 26.470.090.City Council applications. Exhibit D -- GMQS Review Criteria Page 5 of 10 The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. 26.470.090.1. Multi -year development allotment. The City Council, upon a recommendation from the Planning and Zoning Commission, shall approve, approve with conditions or deny a multi -year development allotment request based on the following criteria: a. The proposed development is considered "exceptional" considering the following criteria: (Note: A project need not meet all of the following criteria, only enough to be sufficiently considered "exceptional. ") 1) The proposal exceeds the minimum affordable housing required for a standard project. Staff Finding: The applicant is providing housing for 27 FTEs, when housing for 18.6 FTEs is required by the code. This represents housing at 145% of the requirement. Staff finds this criterion to be met. 2) The proposed project represents an excellent historic preservation accomplishment. A recommendation from the Historic Preservation Officer shall be considered for this standard. Staff Finding: The proposed development does not include a historic preservation element. The property is not designated and is not on the Ordinance 48 list of potentially significant structures. Staff finds this criterion is not applicable. 3) The proposal furthers affordable housing goals by providing units established as priority through the current Aspen/Pitkin County Housing Authority Guidelines and provides a desirable mix of affordable unit types, economic levels and lifestyles (e.g., singles, seniors, families, etc.). A recommendation from the Aspen✓Pitkin County Housing Authority shall be considered for this standard. Staff Finding: The applicant has proposed a mix of Category 2, 3, and 4 units, although the land use code only requires the provision of Category 4 units. Category units that are below Category 4 are priority units for AHCPA. The mix of categories will enable a variety of income levels to rent housing near where they work. The income requirements for these categories are: Maximum Income for Rental Units Exhibit D — GMQS Review Criteria Page 6 of 10 No. of Adults Category Category Category 4 2 3 1 Adult $49,000 $79,000 $129,000 2 Adult $73,000 $119,000 $193,000 3 Adult $85,000 $139,000 $225,000 Net Assets not in Excess of: $125,000 $150,000 $175,000 Staff finds this criterion to be met. 4) The proposal minimizes impacts on public infrastructure by incorporating innovative, energy -saving techniques. Staff Finding: The applicant is committing to a project that will contain no net new energy usage. This is being done through upgrades to the existing Club building (insulation, drainage, etc) and energy efficient building techniques, like radiant floors, energy efficient materials, etc. In addition, the applicant is contemplating the use of solar panels, and has committed to the use of Ground Source Heat Pumps (GSHP). The project is participating in the LEED-ND program, and will exceed the City's adopted energy codes. Staff finds this criterion to be met. 5) The proposal minimizes construction impacts to the extent practicable both during and after construction. Staff Finding: The applicant has provided a preliminary construction management plan, which indicates the project will meet all applicable city code requirements related to construction. A more detailed plan will be submitted at the time of the building permit application. Staff would like more detail on construction types. For instance, the applicant indicated during the conceptual review that modular construction might be used in an effort to decrease construction impacts. There is no information on the final application regarding this issue. At this time staff finds this criterion is met. 6) The proposal maximizes potential public transit usage and minimizes reliance on the automobile. Staff Finding: The applicant has submitted a detailed Transportation Demand Management (TDM) plan and traffic study that commits to a zero growth project in terms of traffic. The TDM plan includes specific measures to reduce the reliance on the automobile and increase use of alternative modes, including carpooling, biking, walking, and using Exhibit D — GMQS Review Criteria Page 7 of 10 shuttles. Specific measures are proposed for Aspen Club employees, those living in the affordable housing units, owners and guests of the timeshare units, and members and guests of the Aspen Club & Spa. The plan has been reviewed by the Transportation Department. Staff finds this criterion is met. 7) The proposal exceeds minimum requirements of the Efficient Building Code or for LEEDS certification, as applicable. A recommendation from the Building Department shall be considered for this standard Staff Finding: The applicant is participating in the LEED-ND pilot program, which requires specific measures be taken to reduce the overall environmental footprint of the development. The Applicant worked with Resource Engineering Group to do an energy use study of the proposal (see Exhibit 2 in the Application Appendix D). The Applicant's goal is to have the entire energy use on site after the development be equal to or less than the energy used on site today. To do that, the applicant will use a Ground Source Heat Pump (GSHP) loop for heating and cooling, improved insulation and HVAC systems on the club building, and the use of radiant floors for efficient heating in the timeshare and affordable housing units. The applicant has also committed to exceeding the City's current energy code. Staff finds this criterion to be met. 8) The proposal promotes sustainability of the local economy. Staff Finding: One of the applicant's stated goals with this project is to ensure that the Aspen Club and Spa remain an economically viable business. The timeshare units will help subsidize improvements to the Club and new programming opportunities. The Aspen Club is a business that currently serves both locals and visitors, and the improvements envisioned for the club will help ensure it is attractive to locals and visitors in the future. Additionally, the provision of rental affordable housing for club employees will provide opportunities for employees to put roots in the community. The timeshare units will be subject to the Real Estate Transfer Tax (RETT) when they are sold, creating tax revenue. Staff finds this criterion to be met. 9) The proposal represents a desirable site plan and an architectural design solution. Staff Finding: The site has a great asset in the Roaring Fork River, which crosses the site. The Applicant will abide by all requirements for stream margin review, which will help preserve the riparian area. However, staff does not believe that the site plan appropriately preserves or enhances this important natural feature. During Conceptual approval the applicant amended the site plan to create a larger open space on the lower bench of the property. Staff does not believe this has created a large enough area to preserve and enhance views of the river and riparian area. Exhibit D—GMQS Review Criteria Page 8 of 10 In terms of architecture, the applicant has stated to staff that the proposed mass, scale, and materials are intended to convey a residential scale that is representative of the different buildings and uses in the area, while also being true to the Club's use. The applicant has done this by making the "townhome" units residential in character (a mix of pitched and flat roofs, a material palate of stone and wood that is similar to residential uses in the area, modulation typical of residential townhomes) and changing the existing blank fagade of the club to be more articulated and pedestrian friendly. Staff has concerns related to the massing of the proposal. In addition, the proposal will be subject to Final Commercial Design Review following approval of the final PUD/SPA application. Staff anticipates having concerns related to the specific Commercial Design Review Criteria, including Building Design and Articulation. However the applicant has time to refine the design between now and the future review. The applicant has proposed a water feature as part of the landscaping plan. This water feature is located in the middle of the site and runs from the lower bench to the upper bench. There are paths that run through the site to connect the timeshare units to the Club and the parking areas. In addition, the applicant is providing a permanent trail easement for the trail running from the river to the Club building and parking area. The applicant worked with planning staff and the fire department to come up with a way to provide adequate fire access without creating additional paved areas. The solution is the installation of grass pavers in portions of the upper bench area. The elimination or relocation of units 5 and 6 would help alleviate staffs concerns. At this time, staff finds this criterion is not met. 10) The proposed development is compatible with the character of the existing land uses in the surrounding area and the purpose of the underlying zone district Staff Finding: The uses in the area are quite mixed, with commercial, single-family free market residential, multi -family affordable housing, and non-profit uses all on the adjacent properties. Along Ute Avenue, there are short term accommodations as well as a variety of residential uses. Staff finds that the proposed use mix will fit in with and is consistent with the variety of uses on the immediately adjacent parcels and the overall context of Ute Avenue. Staff believes the proposed health and wellness program will be a good addition to the existing Club services and to the community in general. Overall, staff finds this criterion is met. b. The project complies with all other provisions of the Land Use Code and has obtained all necessary approvals from the Historic Preservation Commission, the Planning and Zoning Commission and the City Council, as applicable. Staff Finding: Exhibit D—GMQS Review Criteria Page 9 of 10 The Growth Management Reviews are part of a larger application. Assuming these reviews are approved by City Council, this criterion is met. c. The Community Development Director shall be directed to reduce the applicable annual development allotments, as provided in Subsection 26.470.030.D, in subsequent years as determined appropriate by the City Council. Staff Fin din E: The Community Development Director will reduce the annual development allotments as applicable. 112 pillows will be deducted from 2009, and 12 pillows will be deducted from 2010. Staff finds this criterion to be met. Exhibit D — GMQS Review Criteria Page 10 of 10 EXHIBIT E Chapter 26.310, Amendments to the Land Use Code and Official Zone District Map Sec. 26.310.040. Standards of review. In reviewing an amendment to the text of this Title or an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding: Through the review criteria outlined in the exhibits, staff believes the requirements of the code are met, although some minor changes are suggested, including the elimination or relocation of units 5 & 6 and reconfiguration of internal paths. Overall, staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding: Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has some concerns relating to other aspects of the AACP. The Application meets a number of AACP goals related to affordable housing, economic sustainability, and arts and culture, and has made changes since Conceptual Review to meet goals related to transportation. The Applicant has also made changes to the site plan, which Staff believes brings the project closer to meeting the goals related to community character & design, and open space & environment. Overall, Staff finds this review criterion to be met. Housing: The Applicant is providing 145% of the required Affordable Housing, which is an important step in helping the community meet the Affordable Housing goals outlined in the AACP. The Housing section of the AACP states the intent of affordable housing is to "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial and free-market lodging with affordable housing. The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings. This section also states that, "Our housing policy should bolster our economic and social diversity, reinforce variety, and enhance our sense of community by integrating affordable housing into the fabric of our town. A healthy social balance includes all income ranges and types of people. Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. Exhibit E— Rezoning Review Criteria Page 1 of 6 Managing Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Economic Sustainability: Further, the Economic Sustainability section of the AACP recognizes that "local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people" and that "the community and its governments should support local ownership as well as externally -owned businesses that are locally -serving and locally -involved" (Philosophy, pg 31). The Aspen Club is owned by a variety of locals and non -locals, but it is a locally operated business. The stated goal of this proposal is to provide a new health and wellness opportunity for residents and visitors, and to use the money raised through the timeshare sales to subsidize programs for locals. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan. The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The applicant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. To that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and various energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture, & Education: The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's thriving year-round economy, its vibrant international profile, and its future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non -profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at large. The applicant has pledged to continue this commitment if the application is approved. Parks, Open Space, & Environment: The Parks, Open Space, & Environment section of the AACP discusses the need to "preserve, enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34). Staff believes the changes made to the application during conceptual review help the proposal Exhibit E — Rezoning Review Criteria Page 2 of 6 move in the direction of enhancing the riparian area on the site, and bringing the riparian area into the site, however staff believes the current mass detracts from the natural beauty of the area. The removal or relocation of units 5 and 6 would further help the development meet this section of the AACP. This section also states that "All Developments should be in accordance with the Wildlife and Biodiversity map and the Parks, Open Space, and the Environment map to protect sensitive habitat areas (e.g. riparian corridor and Elk habitat)" (Policies, pg 35). The development is respecting the required stream margin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the riparian area. Design Quality The Design Quality section of the AACP asks that development "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community." The section also states that "we favor diversity tempered by context, sometimes historical, sometimes not, as opposed to arbitrariness. `Context' refers first to region, then town, neighborhood, and finally the natural and man made features joining a particular development site. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42). Staff believes the ideas put forward in the Application for a health and wellness facility are good goals, and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture. Further, Staff finds that the changes help ensure the development will "enhance the special character of our community." The Aspen Club site is unique, and this Application proposes a unique addition to the Club. Staff believes the changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a good job of relating to the immediate context which is comprised of a variety of uses. In terms of massing, staff is concerned that there is too much mass on the site given its context of being on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed -use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking... by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also includes a policy to "require all employment, school, social, recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated." (Policies, pg 22) The applicant has worked with city staff to create a set of Transportation Demand Management (TDM) tools that focus on alternative forms of transportation, including carsharing, vanpools, carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk Exhibit E— Rezoning Review Criteria Page 3 of 6 along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen Club. Coordinated pick up service at the airport is also proposed for the timeshare users. Staff believes that the TDM plan meets the goals and policies of the AACP related to Transportation. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: The proposed development is consistent with the character of the area. The neighborhood consists of a variety of single-family and multi -family homes, and while the proposal is for new timeshare lodge units it will function in a more residential nature than a typical lodge downtown. The proposed affordable housing is consistent with the adjacent properties, which include a number of affordable housing projects. Additionally, adjacent parcels also include non-profit and commercial uses. Staff finds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal. In addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Finding: The applicant has agreed to pay for any extension or improvement of utilizes if any are needed. The Applicant has contracted with a consulting firm to determine available water flows for the site. That study has indicated that there is enough water capability for required fire needs. The applicant is working with the ACSD on a realignment of the sewer. The proposal is currently being reviewed by the board of directors. According to a letter submitted by the Applicant's engineer, site drainage will be handled with some drainage improvements to maintain historic runoff. Further, the Applicant's engineer states that the timeshare units will have a similar footprint to the existing tennis courts, so an expansion of the impervious surface will be minimal. The Applicant will be required to pay the applicable Storm Water Fee assessed by the Engineering Department. If areas of the site are re - paved as part of the redevelopment, Staff recommends that the re -paving utilize pervious paving materials. The Engineering Department has reviewed the application and is working with the applicant to ensure there is adequate drainage onsite. Exhibit E — Rezoning Review Criteria Page 4 of 6 At this time. staff finds this criterion is met. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding: The applicant has committed to ensuring the new development uses no more energy than the existing development. This will be done through increased energy efficiency of the Aspen Club building and the use of a GSHP loop. There are some trees that need to be removed, but the applicant has worked with the Parks Department to ensure the trees are properly mitigated for. In addition, the applicant is abiding by all stream margin requirements. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City. Staff Finding: The Rezoning is required because of the SPA designation (the SPA designation is required to allow multi -family Affordable Housing and Lodging on the site). Other parcels in the immediate area are also zoned with an SPA overlay (Silverlining Ranch and the Benedict Building). The proposed development is consistent with the character of the area, as outlined in Review Criteria C, above. Both Affordable Housing and Lodging are uses that are located throughout town and are integral to the functionality of "Aspen the Resort" and "Aspen the Community". The city has a number of small neighborhood lodges that are scattered throughout residential areas. This proposal is similar to those lodges in term of size and character. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The neighborhood already contains a mix of uses and the lodging component would add to that diversity. In addition, there have been no recent changes in the area or to the land use code that address this kind of development. Staff finds this criterion is not applicable. L Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Finding: There is no known conflict regarding this application. There are a number of parcels with SPA overlays in the area, and an SPA on this site would enable the creation of additional affordable housing, which is a goal of the Aspen Area Community Plan. Staff believes that the SPA Exhibit E — Rezoning Review Criteria Page 5 of 6 designation would create a public benefit. It will allow affordable housing to be developed on the parcel, which is not currently a permitted use in the underlying zone district. This will enable the Club to house some of its employees that currently commute into Aspen, reducing impacts on the transportation system and the entrance to Aspen. Further, the timeshare development will enable to Club to continue to provide a home for many of the Valley's non -profits, and will enable specialized programming to be made available to the public. Staff finds this criterion to be met. Exhibit E — Rezoning Review Criteria Page 6 of 6 EXHIBIT F, SUBDIVISION Chapter 26.480, SUBDIVISION Section 26.480 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. A. General Requirements I. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding: Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has some concerns relating to other aspects of the AACP. The Application meets a number of AACP goals related to affordable housing, economic sustainability, and arts and culture, and has made changes since Conceptual Review to meet goals related to transportation. The Applicant has also made changes to the site plan, which Staff believes brings the project closer to meeting the goals related to community character & design, and open space & environment. Overall, Staff finds this review criterion to be met. Housing: The Applicant is providing 145% of the required Affordable Housing, which is an important step in helping the community meet the Affordable Housing goals outlined in the AACP. The Housing section of the AACP states the intent of affordable housing is to "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free- market commercial and free-market lodging with affordable housing. The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings. This section also states that, "Our housing policy should bolster our economic and social diversity, reinforce variety, and enhance our sense of community by integrating affordable housing into the fabric of our town. A healthy social balance includes all income ranges and types of people. Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. Managing Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Exhibit F — Subdivision Review Criteria Page 1 of 6 Economic Sustainability: Further, the Economic Sustainability section of the AACP recognizes that "local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people" and that "the community and its governments should support local ownership as well as externally -owned businesses that are locally -serving and locally -involved" (Philosophy, pg 31). The Aspen Club is owned by a variety of locals and non -locals, but it is a locally operated business. The stated goal of this proposal is to provide a new health and wellness opportunity for residents and visitors, and to use the money raised through the timeshare sales to subsidize programs for locals. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan. The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The applicant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. To that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and various energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture, & Education: The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's thriving year-round economy, its vibrant international profile, and its future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non- profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at large. The applicant has pledged to continue this commitment if the application is approved. Parks, Open Space, & Environment: The Parks, Open Space, & Environment section of the AACP discusses the need to "preserve, enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34). Staff believes the changes made to the application during conceptual review help the proposal move in the direction of enhancing the riparian area on the site, and bringing the riparian area into the site, however staff believes the current mass detracts from the natural beauty of the area. The removal or relocation of units 5 and 6 would further help the development meet this section of the AACP. This section also states that "All Developments should be in accordance with the Wildlife and Biodiversity map and the Parks, Open Space, and the Environment map to protect sensitive habitat areas (e.g. riparian corridor and Elk habitat)" (Policies, pg 35). The development is respecting the required stream margin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the riparian area. Exhibit F — Subdivision Review Criteria Page 2 of 6 Design Quality: The Design Quality section of the AACP asks that development "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community." The section also states that "we favor diversity tempered by context, sometimes historical, sometimes not, as opposed to arbitrariness. `Context' refers first to region, then town, neighborhood, and finally the natural and man made features joining a particular development site. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42). Staff believes the ideas put forward in the Application for a health and wellness facility are good goals, and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture. Further, Staff finds that the changes help ensure the development will "enhance the special character of our community." The Aspen Club site is unique, and this Application proposes a unique addition to the Club. Staff believes the changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a good job of relating to the immediate context which is comprised of a variety of uses. In terms of massing, staff is concerned that there is too much mass on the site given its context of being on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed -use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking... by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also includes a policy to "require all employment, school, social, recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated." (Policies, pg 22) The applicant has worked with city staff to create a set of Transportation Demand Management (TDM) tools that focus on alternative forms of transportation, including carsharing, vanpools, carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen Club. Coordinated pick up service at the airport is also proposed for the timeshare users. Staff believes that the TDM plan meets the goals and policies of the AACP related to Transportation. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Exhibit F — Subdivision Review Criteria Page 3 of 6 Staff Finding The proposed development is consistent with the character of the area. The neighborhood consists of a variety of single-family and multi -family homes, as well as commercial, non- profit and lodging uses. The proposed affordable housing is consistent with the adjacent properties, which include a number of affordable housing projects. Additionally, adjacent parcels also include non-profit and commercial uses. Staff finds this criterion to be met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding: Staff believes that this development will not adversely affect the future development of the area. Most of the area is at or near build out, so there is not a great deal of future development opportunities. Staff finds this criterion to be met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding Through the review criteria outlined in the exhibits, staff believes the requirements of the code are met, although some minor changes are suggested. Overall, staff finds this criterion to be met. B. Suitability of Land for Subdivision a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because offlooding, 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 Applicant has located all development outside the Roaring Fork River's mapped 100-year floodplain. The applicant conducted an avalanche study as part of the final application, which found the affordable housing units are in the "blue zone." According to the study, "blue zone" avalanches have a return period of 30 to 100 years, or a 1% to 3% probability annually. The applicant and Engineering Department have agreed to have the mudflow risk to be evaluated by the Colorado Geologic Survey. Staff finds this criterion to be met at this time. b. 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 Finding Staff believes that the property is suitable for subdivision and development. There are existing public utilities and services (including transportation) in the area. Any cost Exhibit F — Subdivision Review Criteria Page 4 of 6 associated with utility upgrades will be borne by the applicant. 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. 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Applicant has consented in the application to meet the applicable required improvements pursuant to Section 26.580. 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 Finding The applicant is providing 12 affordable housing units to mitigate the new timeshare lodge units. No mitigation is required for the Club remodel. Further, more affordable housing than is required is provided by this proposal. 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 The proposed subdivision is required to meet the School Land Dedication Standards pursuant to Land Use Code Section 26.630. The Applicant has proposed to pay cash -in -lieu of providing land. The Applicant has consented to paying the applicable school land dedication fee at the time of building permit issuance for development within the subdivision. 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 parcels) 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 Exhibit F - Subdivision Review Criteria Page 5 of 6 approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, § 2) Staff Finding The application has requested the necessary growth management allocations for the proposed development. Staff finds this criterion to be met. Exhibit F — Subdivision Review Criteria Page 6 of 6 Exhibit Z, Citizen Comments From: cai)tco(o)aol.com [mailto:captco(&aol.com] Sent: Wednesday, February 24, 2010 12:39 PM To: jeanette()darnauer.com Cc: Lee Cassin Subject: Aspen Club I got back from my trip Tuesday evening in time to get the paper and read the somewhat disturbing story about the meeting Monday. Here are some of my thoughts: 1. Is this for real or is this some kind of Reality TV show popularity contest? Mr. Fox' involvement should not be an issue. It should be assumed that he is a minor partner and that he will soon sell out, retire or die. Also, who cares? 2. This is a blatant attempt to add value to the property. It is like slicing a potato and frying it in oil to make a potato chip. Only trouble is is that the community is doing all the damned cooking, wrapping and selling and getting very little out of it besides a less spacious, less open, less sunlit, less accessible, already overly exclusive club.That is if they do manage to keep traffic and all other forms of pollution to current levels- an impossibility. The 7 million that they so generously plan to spend on "improving" this PRIVATE club is a ridiculous argument. not to mention that it would just about be the right amount that the club needs for maintenance in its current configuration. 3. Does anyone remember the previous promises? How about Stan Mathis promising that there would never be a driveway with headlights shining into my father's house? Is there a remote possibility of getting someone to scan for improprieties? Already broken promises? Like isn't this proposal itself a broken promise? It should not be too hard to find dozens of broken promises. 4. How can this project remain "carbon neutral"? 1. Greatly exaggerate the Club's present carbon footprint!- Do they include the jets and suv's and all the other 100's of ways that more visitors, more trips and so on add pollution to the planet? Who is going to engineer the equation? What about the construction noise, particulate and other pollution? 5. What about all the empty rooms in town? How can the business community possibly support this competition? Tim Sherman & Howard L.L.C. Robert S. Hoover Office Number: (970) 925-6300 Ext. 223 E-mail: rhoover(a),shermanhoward.com VIA HAND DELIVERY Aspen City Council 130 S. Galena Aspen, CO 81611 ATTORNEYS & COUNSELORS AT LAW JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET, SUITE 201 ASPEN, COLOR ADO 81611-1557 TELEPHONE: (970) 925-6300 FAX: (970) 925-1181 OFFICES IN: DENVER- COLORADO SPRINGS ASPEN-VAILL STEAMBOAT SPRINGS PHOENIX - SCOTTSDALE RENO LAS VEGAS ST. LOUIS Over 11.5 Years ojsemice and co nmituternto our clients March 1, 2010 RE: Aspen Club Redevelopment Application Dear Council Members: I am writing to follow up on various comments made in the Public Hearings on the Aspen Club Redevelopment Application. As Council is aware, the Aspen Club withdrew their 2005 application when it became apparent that the City was not likely to approve it based on Staff s recommendation that the project was not suited to the Club's location. My clients view the current application as a repeat of the 2005 Application, only adding more size to the proposal. The Ute Avenue Homeowners want to reiterate that the Club's application is not about the personalities involved, the employees of the Club, or even the continued existence of the Club. It is a land use issue, not a business model issue, that the City must consider. The current application does not meet all the conditions of the Aspen Area Community Plan, is contrary to the Purpose and Intent of the Ordinance governing Timeshare development, and will expand short-term lodging into a predominantly quiet residential neighborhood. In the hearings on February 22, 2010, I mentioned the issue of "spot zoning" to the Council. Spot zoning occurs when a small area of land or section in an existing neighborhood is singled out and placed in a different zone from that of its neighboring properties. On occasion, Courts have found that spot zoning to be illegal on the grounds that it is incompatible with the existing land use -zoning plan or overall zoning scheme for the community. Review of a City's zoning decision is based on many factors, including whether the exception is reasonable and supported by the facts, public interest issues, and the effect the spot zoning has on the current uses of neighboring properties. (00281819.DOC A I) LITIGATION\2299662.3 In this instance, allowing the Club's redevelopment via the SPA overlay does nothing for the City. It is contrary to the stated intent of the Aspen Area Community Plan to center lodging in the core district and those districts already zoned for lodging. The Purpose and Intent of the City's Timeshare ordinance (§26.590.10) definitively states: "The City also intends to provide protection for its long term residential neighborhoods, to ensure that the impacts of timeshare development do not adversely affect the character of these residential areas, by limiting this use to the City's Lodge and selected Commercial Zone Districts. " Why would the City have a purpose and intent provision in its ordinance if it does not serve to guide Council in their decision making process. The burdens and changes created by this development, including additional traffic congestion, short term car trips, daily service truck trips, mass of the new buildings, short-term occupancy, and the environmental impacts on the surrounding area will fall on the trail users, neighbors and the general public. We believe the City's decision should not be based on personalities and preferences of the landowners requesting the change. If every land owner in the City could have whatever zoning he or she wished, there would be no purpose in having land use ordinances. It is true that Michael Fox is a valued and well -like member of the community, but that in and of itself does not warrant a change in the zoning for the Club. It is unfair to the neighboring property owners, other local businesses and the citizens of Aspen to allow this application to proceed based on the Club's claims that it can not afford to operate as a business without redeveloping the property. The City simply cannot bend its rules to benefit this single business. The decision must be made using the objective criteria identified in the applicable code provisions, set up against the goals of the City's Aspen Area Community Plan. The SPA requirement that the Club must provide a "great benefit to the community" is one of the major factors under consideration. Neither the six benefits listed in the staff memo nor the ten benefits that Mr. Fox identified in the February 22, 2010 hearing can be categorized as being of "great benefit to the community." They are benefits to the owners of the Club, the members of the club and the employees of the club, but are detrimental to the surrounding homeowners, who will bear the burden of the construction of a timeshare lodge in their neighborhood. The Club will remain in private hands, and only its members and guests will be permitted to utilize the facilities. Traffic will increase, activity will increase, and the neighbors will have forever lost the quiet, residential quality of their neighborhood. The users of the trail will lose the pristine nature of this area. There are still many unanswered questions to consider: 1. If the application is approved, a tremendous benefit will be given to the Owners, in that they will have vested development rights. Irrespective of Mr. Fox's dream of a "healthy living model," his investors could insist on the sale of the Club to take their profits sooner rather than later. A new ownership group may not share Mr. Fox's vision, and as a result the City will have given away benefits that may never be realized. Will the City be able to sufficiently (00281819.DOC \ I LIT IGATION\2299662.3 enforce the Club's guarantees that the Club will remain in operation, thereby protecting the public's interest? 2. To date, the Club has not specified the exact nature of the improvements and modifications to the existing facility it intends to construct. Likewise, the Club has not provided any detail on the nature of the public programs it intends to offer. The Club's vague references to these improvements and programs makes it difficult, if not impossible to evaluate whether these benefits are truly "great public benefits." 3. The mass and scale of the development is a stated concern of Staff, and they have recommended that Units 5 and 6 of the development be reduced or eliminated. Beyond Staff s recommendation, however, is another issue. Does the City want to have a 188,000 square foot project as the "gateway" to the beautiful Northstar preserve? The trails in the area are a beautiful resource, passing through open space, the Ute Cemetery, and beautiful riparian areas along the river. The proposed development is going to surround the trail with townhomes, which will block current views of Aspen Mountain, and will be seen by those using the trail to get to Northstar. When the issue of mass and scale was raised on February 22, Mr. Fox responded "Of concern to whom?" and stating that the Aspen Club Condominium homeowners association were in favor of the project. Obviously, the mass and scale of the project should be of concern to everyone who uses the trails. 4. The construction phase of the development will also have a tremendous impact on the surrounding neighborhood. While the City has rigorous requirements to limit environmental impacts resulting from construction, the proposed project is very large, and there will be an impact — both on the river and the neighborhood streets. Has this been properly addressed by the Club? 5. It is common sense that the increased vitality that the Club desires for its location will result in more traffic. The Traffic Development and Management Plan ("TDM") is unrealistic. The plan lacks "teeth." Who is going to enforce it? If past history is any indicator, leaving enforcement to the Club is problematic. If the current ownership group sells, what if the new owner(s) fail or refuse to enforce the provisions? Further, it became apparent during the February 22, 2010 hearing that the Club's claim that it will not increase traffic was more of an aspiration than a reality. How can a 46+ bedroom timeshare lodge not increase daily car trips? There will be truck traffic, delivery vehicles, cars, and vans travelling daily to and from the Club to the town core, various ski areas and other valley amenities. The traffic study submitted by the Club does not include an analysis of traffic anticipated by use of the timeshare units. Exhaust emissions will be increased, thereby adding to the carbon footprint of the project. 6. As pointed out by Derek Johnson on February 22, 2010, the project does appear to be "underparked. In 2005, the Club proposed 157 parking spaces for Club members and 19 proposed units. Today, the Club proposes 132 spaces for Club members and 20 proposed units. In 2005, Staff indicated that the number of spaces was too high, and was inconsistent with the City's desire to discourage car use. The Club obviously reduced the number of parking spaces in the current application to comply with the 2005 Staff recommendation. f 00281819.DOC \ 1 } I.ITIGATION\2299662.3 7. In 2005, Staff indicated that the project was inconsistent with the existing use of the neighborhood, and not consistent with many of the AACP requirements.' Why, in 2009, does Staff take a contrary position? The use of the neighborhood has not changed to show an increase in short-term lodging - if anything, more private homes have been built. In the current memo, Staff changed the description of the neighborhood, including the Gant property as a part of the neighborhood. Was Staff s decision to include the Gant done to support its reversal? In terms of land -use, why is this application different than the 2005 application? Will Council take the 2005 Staff recommendations into consideration? If not, why not? 8. There has still been no clarification on how the Club is going to guarantee the permanence of the public benefits it proposes. The proposed ordinance language is vague — no true "great" benefits have been identified in it. The Club is still a private enterprise, and practically (and perhaps legally), the City can't dictate affordability and club access. How can the public be assured that the Club will remain accessible, if at all? The questions contained in this letter are all in addition to those raised in our February 1, 2010 letter to counsel. Many, if not all, of the issues raised in that letter have yet to be answered. On behalf of my clients, we do want to thank Council for taking the time to scrutinize this application, and to look beyond the Applicant's broad statements and promises and to whether see the details necessary for approval truly exist. Sincerely, Robert S. Hoover ' September 20, 2005 Staff Memorandum, summary statement, Staff Comments on Proposed Use and Character of the Facility. (00281819.DOC A I ) LITIGATION\2299662.3 5�1�& Y� I � March 1, 2010 Jessica Garrow, AICP Long Range Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Club & Spa Subdivision/PUD/SPA Dear Jessica: In response to the issues raised by City Council at the February 22, 2010 public hearing on this matter, the Applicant hereby proposes that the following substantive commitments be incorporated in the approval Ordinance that is currently being considered by City Council. Accessibility of Club Membership. (a) The Club Owner hereby commits and agrees that from and after the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, and continuing for so long as the timeshare condominium form of ownership remains a City -approved use of the Property, more than 50 percent of the dues -paying members of the Club will be holders of Resident Memberships in the Club. One of the criterion for a Resident Membership is that the holder reside in the Roaring Fork Valley for more than 6 months each year. (b) One year following the date of issuance of said final Certificate of Occupancy, and annually thereafter, the Club Owner will perform an audit of the ratio of Resident Memberships to Non -Resident Memberships in the Club and will deliver to the Community Development Department of the City of Aspen a written summary of the results of the audit accompanied by copies of the Club records and other data used in the conduct of the audit. (c) If any such audit concludes that less than 50 percent of the dues -paying members of the Club hold Resident Memberships in the Club, the Club Owner will take whatever steps may be required to increase the ratio of Resident Membership vs. Non -Residential Memberships to greater than 50 percent. In the event the next annual audit reflects a continuing non- compliance with the requirement that Resident Memberships exceed 50 percent of the total dues - paying Memberships in the Club, then the Club will offer free one-year Resident Memberships to any and all full-time City of Aspen employees that wish to be Club Members, such offer to remain in effect until an annual audit concludes that the Club is again in compliance with the requirement that Resident Memberships exceed 50 percent of the total dues -paying Memberships in the Club. When a compliance audit is obtained, each free Resident Membership held by a City employee will expire one year after the date on which the employee signed a Membership Agreement with the Club, and such employee will have the option of becoming a dues -paying Resident Member of the Club or of allowing his or her Membership to expire. Free employee Memberships shall not count as Resident Memberships in determining the ratio of Resident Memberships to Non -Resident Memberships for audit purposes. 2. Energy Conservation. (a) An audit of the gas and electrical energy consumed by the existing 77,000 square foot Aspen Club building during the preceding three years was conducted by Resource Engineering and summarized in a written report dated November 24, 2008, a copy of which report is attached as Exhibit C to the Ordinance. The energy consumption reflected in that report averaged 18,600 million Btu/year over the subject three year period (the "Baseline Average"). The Club Owner hereby commits and agrees that following the redevelopment of the Property pursuant to the approvals granted in this Ordinance, the average annual energy consumption of all uses of the Property (including the Club, the Timeshare Units, and the Affordable Housing Units) will not exceed the Baseline Average. (b) The Club Owner commits and agrees that the Building Permit Application for the Aspen Club Living development approved by this Ordinance (including the Aspen Club & Spa facility upgrades discussed in Section 3 below) will include the installation of such energy conservation mechanical components (including upgrades to existing systems) as may be designed and recommended by Resource Engineering, or other qualified engineering firm, in order to achieve the energy consumption Baseline Average for all anticipated uses of the Property (including the Club, the Timeshare Units, and the Affordable Housing Units). The specifications and recommendations provided by Resource Engineering must be reviewed and approved by the City Building Department and the Canary Initiative staff before the Building Permit is issued. (c) Pursuant to Section 4 below (Financial Assurances), the Club Owner is also committing to provide the City with a copy of a Completion Bond on the project prior to the issuance of a Building Permit therefor. The Completion Bond shall also cover the installation of the energy consumption mechanical components (including upgrades to existing systems) that are incorporated in the approved Building Permit. (d) The final Certificate of Occupancy for the Aspen Club Living development approved by this Ordinance shall not be issued until the Club Owner has demonstrated to the Building Department and Canary Initiative staff that such required energy conservation mechanical components (including upgrades to existing systems) have in fact been installed by Club Owner. (e) Within 30 days following the expiration of the one year period following the issuance of the final Certificate of Occupancy for the Aspen Club Living development, the Club Owner shall provide the Building Department and Canary Initiative staff with a report summarizing the energy consumed by all uses of the Property during said one year period. With such report, the Club Owner shall provide the Building Department and Canary Initiative staff with copies of all energy bills used to prepare the report, for purposes of verification by the City If such report concludes that the energy consumed by all uses of Property during said one year period exceeds the Baseline Average, within 30 days following the date of the report the Club Owner shall open an Escrow Account with Pitkin County Title, Inc., subject to Escrow Instructions that have been mutually approved by Club Owner and the City Attorney, and shall fund that Escrow Account with the sum of $ (based upon an amount to be determined by Building Department and Canary Initiative staff) and shall provide the City with evidence of such deposit. During the ensuing one year period, the Club Owner shall make a good faith effort to bring the Property's energy consumption into compliance with the Baseline Average. (f) Three years following the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, the Club Owner shall have Resource Engineering or other qualified engineering firm perform a complete energy audit covering all uses of the Propertyduring the preceding three year period and averaging the energy consumption of the Property over said three year period. If such audit concludes that the energy consumed during said three year period exceeds the Baseline Average, the Club Owner shall have Resource Engineering or other qualified engineering firm perform an updated evaluation of the energy systems (and the operation thereof) on the Property and the Club Owner shall have the year following the date of the audit in which to make such changes in the operation of the energy system and/or such upgrades to the system as may be recommended by said engineering firm in order to achieve the promised Baseline Average. The Club Owner shall have the right to draw funds from the Escrow Account to pay for such remediation efforts. (g) Similar audits will be performed four years and five years, respectively, following the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, in each instance covering the preceding three year period and averaging the energy consumption of the Property over said three year period. If either of said audits reflects a non-compliance with the Baseline Average, then the Club Owner shall continue its good faith efforts to upgrade the energy consumption on the Property pursuant to the previous recommendations of the engineering firm and shall have the right to draw funds from the Escrow Account to pay for such remediation efforts. . (h) If said fifth year audit determines that the energy consumption on the Property does not exceed the Baseline Average, the Escrow Account shall be closed and all remaining funds therein shall be returned to the Club Owner and no further energy reports or audits shall be required. If said fifth year audit determines that the energy consumption of the Property exceeds the Baseline Average, the Club Owner shall be obligated to provide an additional energy consumption audit six years following the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, covering the preceding three year period and averaging the energy consumption of the Property over said three year period. Such annual audit obligation shall continue until such time as an audit determines that the energy consumption on the Property does not exceed the Baseline Average. 3. Reinvestment in Club. (a) The Club Owner hereby commits and agrees that prior to the issuance of a final Certificate of Occupancy for the Aspen Club Living development approved by this Ordinance, the Club Owner will spend a minimum of $5,000,000 in upgrades to the existing Aspen Club & Spa facility, including but not limited to structural improvements, a new swimming pool, new locker rooms, upgraded activity spaces, improvements to utility systems, investments in clean energy initiatives, and a new entryway. (b) Upon substantial completion of the upgrades to the Aspen Club & Spa facility, the Club Owner shall provide to the City Building Department a summary of the costs and expenses incurred by the Club Owner in accomplishing the upgrades, which cost summary shall be reviewed and approved by the City Building Department. (c) A final Certificate of Occupancy shall not be issued for the Aspen Club Living development project approved by this Ordinance until the City Building Department is satisfied that the Club Owner has expended a minimum of $5,000,000 in connection with the upgrades to the Aspen Club & Spa facility. 4. Financial Assurances. (a) The Club Owner commits and agrees that before a Building Permit is issued for the Aspen Club Living development approved by this Ordinance, the Club Owner will provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Club Owner has in place sufficient financing to accomplish and complete the construction of the development, including all improvements covered by the Building Permit, all public improvements required under the Subdivision/PUD/SPA Agreement, and the Aspen Club & Spa upgrades provided for in Section 3 above. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Club Owner and/or third party investors. (b) Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Club Owner's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. (c) The Club Owner further commits and agrees that before a Building Permit is issued for the Aspen Club Living development approved by this Ordinance, the Club Owner will provide to the City Building Department and the City Attorney for review and approval a copy of a Completion Bond issued or committed to be issued to the Club Owner's General Contractor by an institutional surety company pursuant to which the surety agrees to provide the funds necessary to complete the construction of the improvementscovered by the Building Permit, all public improvements required under the Subdivision/PUD/SPA Agreement, and the Aspen Club & Spa upgrades described in Section 3 above. The Completion Bond shall name the Club Owner and the City of Aspen as additional beneficiaries or insureds thereunder. We would appreciate your serious consideration of these proposed commitments. Respectfully submitted, Michael Fox, Manager Aspen Club & Spa, LLC 4741301 _I. DOC