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AGENDA
CITY COUNCIL REGULAR MEETING
February 11, 2020
5:00 PM, City Council Chambers
130 S Galena Street, Aspen
I.CALL TO ORDER
II.ROLL CALL
III.SCHEDULED PUBLIC APPEARANCES
IV.CITIZENS COMMENTS & PETITIONS
(Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please
limit your comments to 3 minutes)
V.SPECIAL ORDERS OF THE DAY
a) Councilmembers' and Mayor's Comments
b) Agenda Amendments
c) City Manager's Comments
d) Board Reports
VI.CONSENT CALENDAR
(These matters may be adopted together by a single motion)
VI.A.Resolution #001, Series of 2020 - McLain Flats Gravel Pit Feasibility Analysis –
Consent for Professional Services Contract
Staff recommends that Council approve McLain Flats Gravel Pit Feasibility Analysis
contract with Deere & Ault Consultants, Inc. in the amount of $149,431.00.
VI.B.Resolution #011, Series of 2020 - Contract Approval for Esri Small Municipal and
County Government Enterprise Agreement (EA)
VI.C.Draft Minutes of January 28th, 2020
VII.NOTICE OF CALL-UP
VIII.FIRST READING OF ORDINANCES
IX.PUBLIC HEARINGS
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IX.A.Ordinance #01, Series of 2020 - Second reading - 620 Gillespie Avenue and 845
Meadows Road, Aspen Institute- Historic Designation and Benefits, Call-Up Notice
of HPC’s approval for Conceptual Major Development and Commercial Design,
Growth Management, Planned Development, Special Review, Transportation Impact
and Trash Storage, CONTINUE PUBLIC HEARING TO FEBRUARY 25TH, 2020
X.ACTION ITEMS
EXECUTIVE SESSION
C.R.S.4-6-402.(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or
other property interest; except that no executive session shall be held for the purpose of
concealing the fact that a member of the local public body has a personal interest in such
purchase, acquisition, lease transfer or sale; (b) Conferences with an attorney for the local
public body for the purposes of receiving legal advice on specific legal questions. Mere
presence or participation of an attorney at an executive session of the local public body is not
sufficient to satisfy the requirements of this subsection (4). (e) Determining positions relative to
matters that may be subject to negotiations; developing strategy for negotiations; and
instructing negotiations;
XI.ADJOURNMENT
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MEMORANDUM
TO:Mayor and City Council
FROM: Raquel Flinker, Interim Utilities Portfolio Manager
THROUGH:Tyler Christoff, Director of Utilities
MEMO DATE:02/03/2020
MEETING DATE:02/11/2020
RE:McLain Flats Gravel Pit Feasibility Analysis – Consent for Professional
Services Contract (Resolution #001, Series of 2020)
REQUEST OF COUNCIL: Staff seeksCouncil approval for the Gravel Pit Feasibility Analysiscontract
with Deere & Ault Consultants, Inc. in the amount of $149,431.00.
PREVIOUS COUNCIL ACTION: On October 10, 2016, Council passed Resolution #141, Series of
2016 directing staff to implement water management measures to improve resiliency against
future climate change impacts. Additionally, staff was directed to implement system upgrades
while continuing efforts to maintain diligence for two conditional water storage rights on Castle
and Maroon Creeks. Included within this Resolution was direction to investigate alternative
water storage locations.
On March 27, 2017, Council passed Resolution 60, Series of 2017 directing staff to enter into
contract with Deere and Ault Consultants, Inc. for the analysis of the potential use of in-situ
reservoirs as a component of Aspen’s Integrated Water System.
During the October 3, 2017 Council Work Session staff presented current results of the due
diligence studies for the Woody Creek Parcel. The geotechnical studies, environmental
assessments and Bird and Aircraft Hazzard Assessment indicated that the site may be
appropriate for a range of water storage vessels. On October 23, 2017, Council passed
Resolution #139, Series of 2017 directing staff to purchase the Woody Creek Parcel.
BACKGROUND:The City of Aspen operates a water utility that supplies customers both inside
and outside the municipal boundary. The City is committed to operating a water system that is
safe, legal and reliable. To this end, the City has developed an integrated water supply system.
As a part of this integrated water supply system, since 1965 the City has held and maintained
conditional water rights for reservoirs on Maroon and Castle Creeks.
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Today, the City’s primary source of stored water is snowpack, which varies significantly from
year to year. Aspen uses direct flow rights from Maroon and Castle Creeks, which are diverted
to the Leonard Thomas Reservoir located at the Aspen’s Water Treatment Facility, treated, and
then delivered to Aspen customers. The Leonard Thomas Reservoir is an operational reservoir
with a capacity of approximately 9 acre-feet, which is less than a day of storage during peak
summer use.
In recognition of the vital need to further develop its water storage, City Council directed staff
to file due diligence on its conditional storage rights on Maroon and Castle Creeks. Due to the
potential impacts on these valleys, Council requested staff seek alternative storage sites.
DISCUSSION: Staff and its consultants, Deere & Ault Consultants, Inc., identified the Vagneur
gravel pit on McLain Flats as a potentially suitable site for some or all of its Maroon and/or
Castle Creek water storage rights. To better assess the potential of this site to store water, a
feasibility investigation analysis needs to be performed. Vagneur gravel pit is owned and
operated by Elam Construction. Staff and its consultants have closely coordinated this
investigation with Elam Construction; which included obtaining an Earthmoving, Clearing, and
Grubbing Permit from Pitkin County.
Deere & Ault Consultants, Inc. has been the consultant for the analysis of potential use of in-
situ reservoirs as a component of Aspen’s Integrated Water System. This team holds specific
knowledge about the City’s water portfolio, local geology, and is an industry leader in the
development of water storage. Staff recommends that it is in the City’s best interests to
award this construction contract to Deere & Ault Consultants, Inc.
FINANCIAL IMPACTS: The execution of the attached contract with Deere & Ault Consultants,
Inc. in the amount of 149,431.00 would be funded by the Woody Creek Parcel Project that has a
budget of $225,000.00 for 2020.
Total Project Expenditures
Deere & Ault Consultants, Inc. 2020 anticipated work scope $149,431.00
Total $149,431.00
Funding Budgeted
Woody Creek Parcel Project (421.322.81200.52199.51138)$225,000.00
Total $225,000.00
ENVIRONMENTAL IMPACTS:The City is committed to reducing its footprint (carbon and water)
and fighting climate change, but even with this effort and action the City recognizes that it is
best practice to plan for a future that looks very different than today. Developing the City’s raw
water storage is necessary to ensure the resiliency of its water system.
STAFF RECOMMENDATION:Staff recommends that Council approve McLain Flats Gravel Pit
Feasibility Analysis contract with Deere & Ault Consultants, Inc. in the amount of $149,431.00.
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PROPOSED MOTION: “I move to approve Resolution No. 001, Series of 2020.”
CITY MANAGER COMMENTS:
ATTACHMENT A – Resolution #001, Series of 2020
ATTACHMENT B – Contract with Deere and Ault Consultants, Inc.
ATTACHMENT C – Deere and Ault Consultants, Inc. Scope of Work
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RESOLUTION #001
(Series of 2020)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND DEERE AND AULT CONSULTANTS INC. TO PEFORM A
FEASIBILITY ANALYSIS AT THE VAGNEUR GRAVEL PIT,
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, the City, as a municipal water provider, must plan responsibly
for the future water needs of its customers, and must develop a legal, reliable water
supply to meet those demands; and,
WHEREAS, the City operates an integrated water system to provide a safe,
legal and reliable water supply to its customers; and
WHEREAS, on-going development of Aspen’s Integrated Water System is
necessary to ensure Aspen’s future water supply; and,
WHEREAS, City Council has directed staff to investigate alternative storage
options; and,
WHEREAS, the City believes in-situ reservoirs have potential to augment or
replace proposed surface storage; and,
WHEREAS, a feasibility analysis is needed to evaluate the potential for
water storage at the identified gravel pit site;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
between the City of Aspen and Deere and Ault Consultants, Inc., a copy of which
is annexed hereto and incorporated herein, and does hereby authorize the City
Manager to execute said agreement on behalf of the City of Aspen.
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INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 11th day of February 2020.
Torre, Mayor
I, Nicole Henning, 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 11, 2020.
Nicole Henning, City Clerk
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Agreement Professional Services Page 0
CITY OF ASPEN STANDARD FORM OF AGREEMENT V 2009
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2020-51138.
AGREEMENT made as of 11th day of February, in the year 2020.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Raquel Flinker
130 South Galena Street
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Deere and Ault Consultants, Inc.
c/o Victor G. deWolfe III, P.E., P.G.
600 South Airport Rd., Suite A-205
Longmont, CO 80503
Phone: 303-651-1468
For the Following Project:
McLain Flats Gravel Pit Feasibility Analysis
Exhibits appended and made a part of this Agreement:
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: ___________________________
Resolution No.:_________________
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
Total: $149,431.00
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Agreement Professional Services Page 1
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 than
September 1, 2020. 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 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 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 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.
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Agreement Professional Services Page 2
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 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, , from and against liability, , 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, to the extent and for an amount represented by the degree or percentage such injury,
loss, or damage is caused in whole by, , the wrongful act, omission, error, professional error, mistake,
negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer,
employee, representative, 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. If it is determined by the final judgment of a court
of competent jurisdiction that such injury, loss, or damage was caused 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 liability, 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, , 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, 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.
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Agreement Professional Services Page 3
(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 ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) 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 TWO MILLION DOLLARS ($2,000,000.00) each occurrence and TWO
MILLION DOLLARS ($2,000,000.00) 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, except Professional Liability, shall be endorsed to
include the City and the City's officers and employees as additional insureds and required to
be primary insurance. 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 to 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 certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
shall not be canceled, terminated 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 11
Agreement Professional Services Page 4
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
$350,000.00 per person and $990,000 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 Risk
Management 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, or promises pertaining to the project matter thereof not expressly incor-
porated in this writing.
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 15.04.570, pertaining to non-
discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless 12
Agreement Professional Services Page 5
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.
“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 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.
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(iii) Professional has verified or has attempted to verify through participation in
the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply to
participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until Professional
is accepted or the public contract for services has been completed, whichever is
earlier. The requirements of this section shall not be required or effective if the
Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for Services
is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not terminate
the Public Contract for Services with the subcontractor if during such three
days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen 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, 14
Agreement Professional Services Page 7
(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. 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
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.
18. 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.
19. 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.
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Agreement Professional Services Page 8
(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. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
22. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
23. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier 16
Agreement Professional Services Page 9
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
24. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of th e
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
25. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
26. Ownership of Instruments of Service. All reports, drawings, specifications, computer files,
field data, notes and other documents and instruments prepared by the Consultant as instruments
of service shall remain the property of the Consultant. The Consultant shall retain all common law,
statutory and other reserved rights, including, without limitation, the copyrights thereto.
27. Corporate Protection. It is intended by the parties to this Agreement that the Consultant's
services in connection with the Project shall not subject the Consultant's individual employees,
officers or directors to any personal legal exposure for the risks associated with this Project.
Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as
the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted
only against the Consultant, a [insert state] corporation, and not against any of the Consultant's
individual employees, officers or directors.
28. Standard of Care. In providing services under this Agreement, the Consultant shall perform
in a manner consistent with that degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances at the same time and in the same
or similar locality.
The Consultant makes no other representations or warranties, whether expressed or implied, with
respect to the services rendered hereunder. The Consultant shall exercise usual and customary
professional care in its efforts to comply with applicable codes, regulations, laws, rules,
ordinances, and such other requirements ("Laws") in effect as of the date of execution of this
Agreement. It is understood, however, that various Laws are subject to varying and sometimes
contradictory interpretation. The Consultant shall exercise its professional skill and care consistent
with the generally accepted standard of care to provide design that complies with such Laws. The
Consultant cannot warrant that all documents issued by it shall comply with said Laws.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above. 17
18
Agreement Professional Services Page 11
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
January 7, 2019
Ms. Raquel Flinker, EIT
City of Aspen
Interim Utilities Portfolio Manager
Project Manager II / ROW
Engineering Department
201 North Mill St., Suite 203
Aspen, CO 81611
Re: Phase 1 Gravel Pit Reservoir Feasibility Analysis on McLain Flats for the City of
Aspen, Colorado; D&A Job No. CG-0687.009.00
Dear Ms. Flinker:
This letter describes our proposed scope of work to perform a feasibility level investigation and
analysis for the potential to store water in the Vagneur gravel pit on McLain Flats near Woody
Creek, Colorado. The pit is owned and operated by Elam Construction. This storage alternative
was identified as Phase 1 in our Gravel Pit Reservoir Pre-Feasibility Study completed in 2017.
The scope of this feasibility study is limited to only the existing gravel mine. However, it will
augment data obtained during our pre-feasibility study on an adjacent parcel of land.
SCOPE
Our proposed scope for the pre-feasibility gravel pit reservoir study is summarized in Tasks 1-5
below:
Task 1 - Project Management
This task is reserved for project management tasks, including correspondence, field coordination
and contracting. We will coordinate the field work in the mine with Elam to avoid any ongoing
mining operations. We anticipate primarily phone conversations and conference call meetings to
discuss the status of the work with the City. However, we have also included budget for two
two-day trips to Aspen for two engineers to attend meetings with City staff and with City
Council.
19
Agreement Professional Services Page 12
Task 2 - Engineering Geologic Mapping
For this task, we will refine the engineering geologic mapping performed at the site during our
pre-feasibility work. We will identify any geologic features at the site that may affect the water
storage concept, including the extent and character of any fill in the pit. This information will
help define the conditions expected in the foundation. We will use the detailed 2016 LIDAR
topographic data obtained from Pitkin County for our mapping. We have budgeted for one day
of work to complete this task.
Task 3 - Geotechnical Investigations
The geotechnical investigations for the feasibility level analysis will include drilling geotechnical
borings, excavating test pits, and testing soils and bedrock in a laboratory. The layout of the site
investigation was developed in cooperation with Elam and is enclosed as Figure 1. We propose
drilling between nine and eleven borings at the Vagneur Mine. The borings would be drilled to
bedrock using ODEX or hollow-stem auger methods and standard split-spoon sampling
procedures every five feet. Three to four borings will be cored 10 to 20 feet into the Mancos
Shale bedrock using HQ coring methods. The cored bedrock will allow Packer permeability
testing of the foundation bedrock. The actual number of borings and quantity of rock coring will
depend on the drilling conditions encountered, the rate of drilling production, and the depth to
bedrock. We have budgeted for nine total days of drilling activity. We will install standpipe
piezometers in up to four borings around the site to allow monitoring of the groundwater levels
at the site. We will also excavate 9 to 11 test pits around the site, and we understand Elam will
provide the backhoe and operator for test pit excavation. These excavations will be located and
oriented to obtain groundwater and bedrock information; and to identify onsite materials which
may be suitable for reservoir construction.
A qualified geologist will be on-site during the field work to observe, log and sample the borings
and test pits. Select samples collected from the borings and test pits will be submitted to a soils
testing laboratory for index tests, including: gradation, fines-content, Atterberg limits, moisture
content and density; as well as tests for engineering properties including Proctor moisture-
density relationships and/or relative density. We will also test rock cores of the Mancos Shale
bedrock for density and unconfined compressive strength. We will subcontract with a
geotechnical driller and a local excavator to excavate the pits. Prior to any drilling or excavation,
we will notify Colorado 811 to alert utility owners to locate any utilities that may exist near the
proposed dig sites.
D&A has obtained and enclosed a Pitkin County Earthmoving permit for the proposed
investigation. The permit was applied for in cooperation with Elam. It contains a letter of
approval from Elam for the proposed field investigation. We will also prepare the required
Colorado state notices of intent and completion forms for installation for the piezometers.
Task 4 - Geotechnical Analysis, Reservoir Layout & Cost Estimating
20
Agreement Professional Services Page 13
This task will involve a feasibility level conceptual layout of the reservoir and its ancillary
facilities, as well as analyses focused on reservoir feasibility. We will use the existing 2016
LIDAR topographic survey as the base map for this work. This task will include the following
items:
▪ Conceptual layout of the dam, liner system, reservoir basin, spillway and outlet works,
including an elevation-area-capacity curve
▪ A profile of the dam’s maximum section showing proposed dam fill materials and
foundation cutoff
▪ A geologic profile across the dam axis, showing existing foundation conditions for
reservoir liner construction
▪ Geotechnical analyses, including seepage modeling, dam slope stability and seismic
considerations
▪ Preliminary hydrologic analysis of the spillway, outlet works, water delivery
infrastructure and floodplain considerations
▪ Consideration of post-mining conditions for volumetric calculations
We will also develop a feasibility level engineer’s opinion of the expected cost of construction of
the reservoir, including engineering and permitting.
Conceptual design for a reclamation berm at the gravel mine, at the bottom of the mined out
upper terrace to the southwest of the main site, was also developed by D&A under a separate
contract. The reclamation berm would allow inert fill to be placed in the Upper Terrace quarry.
A brief memorandum describing the berm is also enclosed.
Task 5 - Feasibility Report
We will prepare a report summarizing the results of the feasibility level investigations and
analyses. The report will present the conceptual reservoir and expected construction costs. We
will comment on the geotechnical feasibility of the site, and summarize any challenges it may
offer. Depending on the results of the feasibility analysis, we will outline recommendations
about how to proceed.
21
Agreement Professional Services Page 14
COST and SCHEDULE
The engineering fees associated with this feasibility study are approximately $149,000 as
summarized on the enclosed Table 1. Once we have the notice to proceed, we will begin to
coordinate the field work. We anticipate the field work to be conducted during the spring of
2020, depending primarily on the availability of a drilling subcontractor. Once the field work is
completed, we anticipate delivering the feasibility report within about two months.
PROJECT TEAM
Key personnel assigned include Mr. Victor G. deWolfe, P.E., P.G. as Principal-in-Charge, Ms. E.
Morley Beckman, P.E. as Project Manager and Mr. Don W. Deere, P.E. for technical review and
quality assurance. Messrs. Deere and deWolfe led the pre-feasibility study in 2017. Ms.
Beckman is a geotechnical engineer and engineering geologist with 15 years of experience in
earth embankment design.
We appreciate the opportunity to help the City with this interesting and challenging project.
Please call if you have any questions or comments.
Sincerely,
Victor G. deWolfe, P.E., P.G. E. Morley Beckman, P.E.
Principal Project Manager
Cc: Tyler Christoff, Mike Refer
VGD:vd EMB:vd
Enclosures
22
Agreement Professional Services Page 15
EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
TABLE 1
COST ESTIMATE
Tasks Description Hours/Units Rate Total
1 Project Management & 2 Meetings
Don Deere, Principal 32 375.00$ 12,000.00$
Victor deWolfe, Principal 52 150.00$ 7,800.00$
Miscellaneous expenses 1,400.00$
Subtotal Task 1 21,200.00$
2 Engineering Geologic Mapping (1 day)
Victor deWolfe, Principal 6 150.00$ 900.00$
Morley Beckman, Project Manager 18 142.00$ 2,556.00$
Staff Geologist 18 100.00$ 1,800.00$
CAD/GIS Technician 4 120.00$ 480.00$
Miscellaneous expenses 700.00$
Subtotal Task 2 6,436.00$
3 Geotechnical Investigations
Don Deere, Principal 4 375.00$ 1,500.00$
Victor deWolfe, Principal 24 150.00$ 3,600.00$
Morley Beckman, Project Manager 40 142.00$ 5,680.00$
Staff Engineer 152 100.00$ 15,200.00$
CAD/GIS Technician 40 120.00$ 4,800.00$
Geotechnical Drilling Subcontractor (9 days)1 33,000.00$ 33,000.00$
Soils & Rock Laboratory Testing 1 3,300.00$ 3,300.00$
Test Pit Excavation by Elam Personnel 1 4,000.00$ 4,000.00$
Miscellaneous expenses 4,385.00$
Subtotal Task 3 75,465.00$
4 Geotechnical Analysis, Reservoir Layout & Cost Estimating
Don Deere, Principal 8 375.00$ 3,000.00$
Mark Severin, Principal 16 200.00$ 3,200.00$
Glen Church, Principal 8 170.00$ 1,360.00$
Victor deWolfe, Principal 24 150.00$ 3,600.00$
Morley Beckman, Project Manager 60 142.00$ 8,520.00$
Grant Johnson, Hydraulic Engineer 40 105.00$ 4,200.00$
Staff Geologist 40 100.00$ 4,000.00$
CAD/GIS Technician 40 120.00$ 4,800.00$
Miscellaneous expenses 300.00$
Subtotal Task 4 32,980.00$
5 Feasibility Report
Don Deere, Principal 4 375.00$ 1,500.00$
Victor deWolfe, Principal 16 150.00$ 2,400.00$
Morley Beckman, Project Manager 40 142.00$ 5,680.00$
CAD/GIS Technician 24 120.00$ 2,880.00$
Clerical 6 65.00$ 390.00$
Miscellaneous expenses 500.00$
Subtotal Task 5 13,350.00$
Total 149,431.00$
Phase 1 Gravel Pit Reservoir Feasibility Level Tasks
January 7, 2020
23
600 S. Airport Road, Building A, Suite 205
Longmont, CO 80503
Phone: 303-651-1468 ● Fax: 303-651-1469
January 8, 2020
Ms. Raquel Flinker, EIT
City of Aspen
Interim Utilities Portfolio Manager
Project Manager II / ROW
Engineering Department
201 North Mill St., Suite 203
Aspen, CO 81611
Re: Phase 1 Gravel Pit Reservoir Feasibility Analysis on McLain Flats for the City of
Aspen, Colorado; D&A Job No. CG-0687.009.00
Dear Ms. Flinker:
This letter describes our proposed scope of work to perform a feasibility level investigation and
analysis for the potential to store water in the Vagneur gravel pit on McLain Flats near Woody
Creek, Colorado. The pit is owned and operated by Elam Construction. This storage alternative
was identified as Phase 1 in our Gravel Pit Reservoir Pre-Feasibility Study completed in 2017.
The scope of this feasibility study is limited to only the existing gravel mine. However, it will
augment data obtained during our pre-feasibility study on an adjacent parcel of land.
SCOPE
Our proposed scope for the pre-feasibility gravel pit reservoir study is summarized in Tasks 1-5
below:
Task 1 - Project Management
This task is reserved for project management tasks, including correspondence, field coordination
and contracting. We will coordinate the field work in the mine with Elam to avoid any ongoing
mining operations. We anticipate primarily phone conversations and conference call meetings to
discuss the status of the work with the City. However, we have also included budget for two
two-day trips to Aspen for two engineers to attend meetings with City staff and with City
Council.
24
Ms. Raquel Flinker, EIT
January 8, 2020
Page 2
Task 2 - Engineering Geologic Mapping
For this task, we will refine the engineering geologic mapping performed at the site during our
pre-feasibility work. We will identify any geologic features at the site that may affect the water
storage concept, including the extent and character of any fill in the pit. This information will
help define the conditions expected in the foundation. We will use the detailed 2016 LIDAR
topographic data obtained from Pitkin County for our mapping. We have budgeted for one day
of work to complete this task.
Task 3 - Geotechnical Investigations
The geotechnical investigations for the feasibility level analysis will include drilling geotechnical
borings, excavating test pits, and testing soils and bedrock in a laboratory. The layout of the site
investigation was developed in cooperation with Elam and is enclosed as Figure 1. We propose
drilling between nine and eleven borings at the Vagneur Mine. The borings would be drilled to
bedrock using ODEX or hollow-stem auger methods and standard split-spoon sampling
procedures every five feet. Three to four borings will be cored 10 to 20 feet into the Mancos
Shale bedrock using HQ coring methods. The cored bedrock will allow Packer permeability
testing of the foundation bedrock. The actual number of borings and quantity of rock coring will
depend on the drilling conditions encountered, the rate of drilling production, and the depth to
bedrock. We have budgeted for nine total days of drilling activity. We will install standpipe
piezometers in up to four borings around the site to allow monitoring of the groundwater levels
at the site. We will also excavate 9 to 11 test pits around the site, and we understand Elam will
provide the backhoe and operator for test pit excavation. These excavations will be located and
oriented to obtain groundwater and bedrock information; and to identify onsite materials which
may be suitable for reservoir construction.
A qualified geologist will be on-site during the field work to observe, log and sample the borings
and test pits. Select samples collected from the borings and test pits will be submitted to a soils
testing laboratory for index tests, including: gradation, fines-content, Atterberg limits, moisture
content and density; as well as tests for engineering properties including Proctor moisture-
density relationships and/or relative density. We will also test rock cores of the Mancos Shale
bedrock for density and unconfined compressive strength. We will subcontract with a
geotechnical driller and a local excavator to excavate the pits. Prior to any drilling or excavation,
we will notify Colorado 811 to alert utility owners to locate any utilities that may exist near the
proposed dig sites.
D&A has obtained and enclosed a Pitkin County Earthmoving permit for the proposed
investigation. The permit was applied for in cooperation with Elam. It contains a letter of
25
Ms. Raquel Flinker, EIT
January 8, 2020
Page 3
approval from Elam for the proposed field investigation. We will also prepare the required
Colorado state notices of intent and completion forms for installation for the piezometers.
Task 4 - Geotechnical Analysis, Reservoir Layout & Cost Estimating
This task will involve a feasibility level conceptual layout of the reservoir and its ancillary
facilities, as well as analyses focused on reservoir feasibility. We will use the existing 2016
LIDAR topographic survey as the base map for this work. This task will include the following
items:
Conceptual layout of the dam, liner system, reservoir basin, spillway and outlet works,
including an elevation-area-capacity curve
A profile of the dam’s maximum section showing proposed dam fill materials and
foundation cutoff
A geologic profile across the dam axis, showing existing foundation conditions for
reservoir liner construction
Geotechnical analyses, including seepage modeling, dam slope stability and seismic
considerations
Preliminary hydrologic analysis of the spillway, outlet works, water delivery
infrastructure and floodplain considerations
Consideration of post-mining conditions for volumetric calculations
We will also develop a feasibility level engineer’s opinion of the expected cost of construction of
the reservoir, including engineering and permitting.
Conceptual design for a reclamation berm at the gravel mine, at the bottom of the mined out
upper terrace to the southwest of the main site, was also developed by D&A under a separate
contract. The reclamation berm would allow inert fill to be placed in the Upper Terrace quarry.
A brief memorandum describing the berm is also enclosed.
Task 5 - Feasibility Report
We will prepare a report summarizing the results of the feasibility level investigations and
analyses. The report will present the conceptual reservoir and expected construction costs. We
will comment on the geotechnical feasibility of the site, and summarize any challenges it may
offer. Depending on the results of the feasibility analysis, we will outline recommendations
about how to proceed.
26
Ms. Raquel Flinker, EIT
January 8, 2020
Page 4
COST and SCHEDULE
The engineering fees associated with this feasibility study are approximately $149,000 as
summarized on the enclosed Table 1. Once we have the notice to proceed, we will begin to
coordinate the field work. We anticipate the field work to be conducted during the spring of
2020, depending primarily on the availability of a drilling subcontractor. Once the field work is
completed, we anticipate delivering the feasibility report within about two months.
PROJECT TEAM
Key personnel assigned include Mr. Victor G. deWolfe, P.E., P.G. as Principal-in-Charge, Ms. E.
Morley Beckman, P.E. as Project Manager and Mr. Don W. Deere, P.E. for technical review and
quality assurance. Messrs. Deere and deWolfe led the pre-feasibility study in 2017. Ms.
Beckman is a geotechnical engineer and engineering geologist with 15 years of experience in
earth embankment design.
We appreciate the opportunity to help the City with this interesting and challenging project.
Please call if you have any questions or comments.
Sincerely,
Victor G. deWolfe, P.E., P.G. E. Morley Beckman, P.E.
Principal Project Manager
Cc: Tyler Christoff, Mike Refer
VGD:vd EMB:vd
Enclosures
U:\0687 City Of Aspen\0687.009 Phase 1 Gravel Pit Feasibility\Proposal\Phase 1 Feasibility Proposal\Phase 1 Gravel Pit Feasibility.Pro.Rev1.Docx
27
TABLE 1
COST ESTIMATE
Tasks Description Hours/Units Rate Total
1 Project Management & 2 Meetings
Don Deere, Principal 32 375.00$ 12,000.00$
Victor deWolfe, Principal 52 150.00$ 7,800.00$
Miscellaneous expenses 1,400.00$
Subtotal Task 1 21,200.00$
2 Engineering Geologic Mapping (1 day)
Victor deWolfe, Principal 6 150.00$ 900.00$
Morley Beckman, Project Manager 18 142.00$ 2,556.00$
Staff Geologist 18 100.00$ 1,800.00$
CAD/GIS Technician 4 120.00$ 480.00$
Miscellaneous expenses 700.00$
Subtotal Task 2 6,436.00$
3 Geotechnical Investigations
Don Deere, Principal 4 375.00$ 1,500.00$
Victor deWolfe, Principal 24 150.00$ 3,600.00$
Morley Beckman, Project Manager 40 142.00$ 5,680.00$
Staff Engineer 152 100.00$ 15,200.00$
CAD/GIS Technician 40 120.00$ 4,800.00$
Geotechnical Drilling Subcontractor (9 days)1 33,000.00$ 33,000.00$
Soils & Rock Laboratory Testing 1 3,300.00$ 3,300.00$
Test Pit Excavation by Elam Personnel 1 4,000.00$ 4,000.00$
Miscellaneous expenses 4,385.00$
Subtotal Task 3 75,465.00$
4 Geotechnical Analysis, Reservoir Layout & Cost Estimating
Don Deere, Principal 8 375.00$ 3,000.00$
Mark Severin, Principal 16 200.00$ 3,200.00$
Glen Church, Principal 8 170.00$ 1,360.00$
Victor deWolfe, Principal 24 150.00$ 3,600.00$
Morley Beckman, Project Manager 60 142.00$ 8,520.00$
Grant Johnson, Hydraulic Engineer 40 105.00$ 4,200.00$
Staff Geologist 40 100.00$ 4,000.00$
CAD/GIS Technician 40 120.00$ 4,800.00$
Miscellaneous expenses 300.00$
Subtotal Task 4 32,980.00$
5 Feasibility Report
Don Deere, Principal 4 375.00$ 1,500.00$
Victor deWolfe, Principal 16 150.00$ 2,400.00$
Morley Beckman, Project Manager 40 142.00$ 5,680.00$
CAD/GIS Technician 24 120.00$ 2,880.00$
Clerical 6 65.00$ 390.00$
Miscellaneous expenses 500.00$
Subtotal Task 5 13,350.00$
Total 149,431.00$
Total Estimated Cost (rounded to nearest $1,000)149,000.00$
Phase 1 Gravel Pit Reservoir Feasibility Level Tasks
January 8, 2020
28
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PHASE 1 GRAVEL PIT RESERVOIR FEASIBILITY
FIGURE NO.1
DATE:SCALE:
Site Investigation Map
1 inch=200 feetOCTOBER 2019
JOB NO. 0687.009.00
U:\0687 City of Aspen\0687.009 Phase 1 Gravel Pit Feasibility\GIS\Pro Fig 1 - Site Inv Map.mxd Monday, October 14, 2019 06:32 PMDRAFT
Legend
Geotechnical Site Investigation s
!A Proposed Borings (O = Odex, C = Core, P = Piezometer)
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29
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7460747074807490750072907510 7520753075407
4
5
0 75507400
72807390
75607
5
7
0
75807
5
9
0
7
6
0
0
7610762076
30727076407
6
5
0 73907310
7370
7
4
0
07330
7
3
0
0 74207 3 8 0
7420
7 4 0 0
74207 3 7 0
7
5
7
073207
5
4
0
7460
7
3
7
0
7430
7360
7400734073207340
7 3 3 0
74
80
739073407340743073607360
73107
41
0740074007
3
5
0
72807350
7340
74407470
75807560736073607310
7320
7
3
6
0
74 5073707360
745075407
5
0
0
7500
75
50
73007390 7 4 1 0
73207270 7
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3
7
0
73507
5
30
7340
73507
4
0
0
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20 75207580
7420
7510
7 4 8 074007330
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4
90
738073507530
7340
7 3 5 07400
74207420
7350
Ro
aringForkRiver
Woody Creek
PHASE 1 GRAVEL PIT RESERVOIR FEASIBILITY
FIGURE NO.1
DATE:SCALE:
Site Investigation Map
1 inch=300 feetOCT 2019
JOB NO. 0687.003.00
U:\0687 City of Aspen\0687.009 Phase 1 Gravel Pit Feasibility\GIS\Pro Fig 1 - Site Inv Map - Pitkin County.mxd Tuesday, October 15, 2019 11:30 AMLegend
Geotechnical Site Inve stig ations
!A Proposed Drilled Borings (O = Odex, C = Core, P = Piezometer)
")Proposed Excavated Test Pits
µ0 300 600Feet
LiDAR Topography from Pitkin County (2016), C.I. = 2'Aerial Image from Pitkin County (2014)
Test Pits will measure approximately 20 feet long by 4 feet wide and 15 feet deep. Each test pit will disturbapproximately 45 cubic yards of soil. Excavatedmaterial will be stockpiled immediately adjacent to the test pit during logging. All test pits will be immediately backfilled with excavated soil upon completion.
Soil borings will be drilled with a truck-mounted drillrig. Soil borings will measure up to 6-inches in diameter. Selected piezometer borings will be converted to standpipe monitoring wells (2-inch PVC) after drilling is completed.
0098.2019.PAEM
For Review
11/26/2019
Contractor shall apply dust
mitigation as required.
These plans must be kept at
building site or inspection
delays may occur. Construction
shall conforms to these plans.
All Changes shall be approved
by the building official.
ALL CONSTRUCTION
PARKING, STAGING, & STORAGE
MUST BE MAINTAINED ON SITE
34
For Review
08/25/2017
OK per LL review on
8/25/2017
2020
2020
2021
0098.2019.PAEM
For Review
11/26/2019
OK per LL 12/3/19
35
0098.2019.PAEMFor Review11/26/201936
1
Morley Beckman
From:Halene Burklow <halene.burklow@pitkincounty.com>
Sent:Friday, October 18, 2019 5:25 AM
To:Morley Beckman
Subject:Re: Land Use Approval - excavating temporary test pits within gravel pit
Categories:Important
Good morning Morley Beckman,
I have reviewed the proposal you submitted on behalf of the City of Aspen to drill soil borings and excavate test pits
within the Elam Gravel Pit (7943 Upper River Road in Woody Creek; Parcel ID #264316102010).
You provided the attached investigation map, which shows the locations of the test pits and soil borings. The plan
shows 11 test pits and 10 borings, all of which are within the existing gravel pit. You also provided the following
explanation of the work:
· At the test pit locations (yellow squares) we will be excavating test pits with a backhoe. The purpose of these
test pits is to characterize the materials onsite for engineering and geological purposes. Each pit will measure
about 20 feet long, 4 feet wide, and 15 feet deep. Test pits will be logged by a geologist, some bagged
samples will be taken for geotechnical laboratory testing (grain size, moisture content, etc.). The test pits will
be immediately backfilled after logging is complete, on the same day they are excavated.
· At the soil boring locations (red circles) we will be drilling geotechnical borings to depths of between about 50
and 130 feet. The purpose of these borings is to characterize the materials onsite for engineering and
geological purposes. The borings will be drilled with a mix of ODEX and HQ rock coring methods. Borings will
be about 6 inches in diameter maximum. Samples will be taken every 3 to 5 feet, and we will send
selected samples in for geotechnical laboratory testing (grain size, compressive strength, etc.).
Several borings will be converted to standpipe monitoring wells using PVC pipe, which will be backfilled with
filter sand and cement grout and finished with a protective metal enclosure at the ground surface. The
remaining borings will be backfilled with cement grout after they are completed.
Based on this information, the work is exempt from activity envelope and site plan review, pursuant to Land
Use Code Section 7-10-30(d), which allows "temporary disturbance of land for development including but not
limited to, drilling a well percolation testing, test pits and installation of utilities, and temporary access to
accomplish these activities, provided there is no development in a Constrained Area." The proposed work is
temporary and will not impact any constrained areas.
You will need to obtain an Earthmoving Permit for the work. Please include a letter of authorization
from the property owner and this email with the permit application.
Lastly, please note that this exemption is not vested, does not constitute a site specific development plan, and is subject to any
Land Use Code changes prior to permit submittal.
*~*~*~*~*~*~*~*~*~*
Thank you!
Halene Burklow
Planning Technician
Pitkin County Community Development
530 E. Main Street, Suite #205
37
2
Aspen, CO 81611
970-429-6198
On Tue, Oct 15, 2019 at 12:58 PM Morley Beckman <morley.beckman@deereault.com> wrote:
Ms. Burklow,
We will be submitting the excavation permit, yes. We are the engineering/geology firm coordinating the work and
logging the borings/test pits. We are contracted to the City of Aspen for this project. The property is owned by Elam
Construction, and the address is 7943 Upper River Road, Woody Creek CO, 81656. Parcel number 264316102010.
Thanks,
Ms. E. Morley Beckman, PE
Geotechnical Engineer / Project Manager
Deere & Ault Consultants, Inc.
Direct: 720.534.0828
Cell: 510.517.0285
From: Halene Burklow <halene.burklow@pitkincounty.com>
Sent: Tuesday, October 15, 2019 12:57 PM
To: Morley Beckman <morley.beckman@deereault.com>
Subject: Re: Land Use Approval - excavating temporary test pits within gravel pit
Hello Morley Beckman,
Sorry for not asking these questions sooner, are you the Applicant? Who is the property owner? What is the property
address in Woody Creek?
38
3
*~*~*~*~*~*~*~*~*~*
Thank you!
Halene Burklow
Planning Technician
Pitkin County Community Development
530 E. Main Street, Suite #205
Aspen, CO 81611
970-429-6198
On Tue, Oct 15, 2019 at 12:43 PM Morley Beckman <morley.beckman@deereault.com> wrote:
Hello Ms. Burklow,
At the test pit locations (yellow squares) we will be excavating test pits with a backhoe. The purpose of these test pits
is to characterize the materials onsite for engineering and geological purposes. Each pit will measure about 20 feet
long, 4 feet wide, and 15 feet deep. Test pits will be logged by a geologist, some bagged samples will be taken for
geotechnical laboratory testing (grain size, moisture content, etc.). The test pits will be immediately backfilled after
logging is complete, on the same day they are excavated.
At the soil boring locations (red circles) we will be drilling geotechnical borings to depths of between about 50 and 130
feet. The purpose of these borings is to characterize the materials onsite for engineering and geological purposes. The
borings will be drilled with a mix of ODEX and HQ rock coring methods. Borings will be about 6 inches in diameter
maximum. Samples will be taken every 3 to 5 feet, and we will send selected samples in for geotechnical laboratory
testing (grain size, compressive strength, etc.). Several borings will be converted to standpipe monitoring wells using
PVC pipe, which will be backfilled with filter sand and cement grout and finished with a protective metal enclosure at
the ground surface. The remaining borings will be backfilled with cement grout after they are completed.
If you have any further questions just let me know!
Thanks,
39
4
Ms. E. Morley Beckman, PE
Geotechnical Engineer / Project Manager
Deere & Ault Consultants, Inc.
Direct: 720.534.0828
Cell: 510.517.0285
From: Halene Burklow <halene.burklow@pitkincounty.com>
Sent: Tuesday, October 15, 2019 12:35 PM
To: Morley Beckman <morley.beckman@deereault.com>
Cc: Catherine Christoff <catherine.christoff@pitkincounty.com>; Victor DeWolfe <victor.dewolfe@deereault.com>
Subject: Re: Land Use Approval - excavating temporary test pits within gravel pit
Good afternoon Morley Beckman,
Thank you for the Site Plan (Investigation Plan).
Can you please provide a summary of the proposed work?
*~*~*~*~*~*~*~*~*~*
Thank you!
Halene Burklow
Planning Technician
Pitkin County Community Development
530 E. Main Street, Suite #205
Aspen, CO 81611
970-429-6198 40
5
On Tue, Oct 15, 2019 at 11:35 AM Morley Beckman <morley.beckman@deereault.com> wrote:
Hello Halene,
I’m circling back on this land use approval for test pits in Woody Creek. We have confirmed the test pit and soil
boring locations with the property owner. The investigation map is attached, and in the upper left corner you’ll see a
brief discussion of the dimensions of the test pits and borings. Please let me know if this adequately answers your
questions, and if you can re-confirm the land use approval is not required.
Thank you,
Ms. E. Morley Beckman, PE
Geotechnical Engineer / Project Manager
Deere & Ault Consultants, Inc.
Direct: 720.534.0828
Cell: 510.517.0285
From: Halene Burklow <halene.burklow@pitkincounty.com>
Sent: Monday, September 23, 2019 3:26 PM
To: Morley Beckman <morley.beckman@deereault.com>
Cc: Catherine Christoff <catherine.christoff@pitkincounty.com>
Subject: Re: Land Use Approval - excavating temporary test pits within gravel pit
Good afternoon Morley Beckman,
Before moving forward with earth moving permit, can you please provide me a site plan showing the locations of the
9-11 test pits, and a summary of the proposal? Without these documents I cannot confirm the 9-11 test pit locations
are/are not truly in constrained areas.
41
6
I am also looking to understand the intent/purpose of the test pits.
Please advise.
*~*~*~*~*~*~*~*~*~*
Thank you!
Halene Burklow
Planning Technician
Pitkin County Community Development
530 E. Main Street, Suite #205
Aspen, CO 81611
970-429-6198
On Mon, Sep 23, 2019 at 1:15 PM Halene Burklow <halene.burklow@pitkincounty.com> wrote:
Good morning Morley Beckman,
Since the 9-11 test pits are considered a temporary disturbance, and the 9-11 test pits are not located in a
constrained area, no planning review is required. You can use this email as your "planning exemption".
Please refer to Pitkin County Land Use Code Chapter 7, subsection 7-10-30(d) Exempt Development Activities: The
Community Development Director may exempt temporary disturbance of land for development including but not
limited to, drilling a well percolation testing, test pits and installation of utilities, and temporary access to
accomplish these activities, provided there is no development in a Constrained Area.
However, an earth moving permit is required. 42
7
*~*~*~*~*~*~*~*~*~*
Thank you!
Halene Burklow
Planning Technician
Pitkin County Community Development
530 E. Main Street, Suite #205
Aspen, CO 81611
970-429-6198
On Thu, Sep 19, 2019 at 8:16 AM Morley Beckman <morley.beckman@deereault.com> wrote:
Hi there,
Do you have any update on this land use approval request?
Thank you,
Ms. E. Morley Beckman, PE
Geotechnical Engineer / Project Manager
Deere & Ault Consultants, Inc.
Direct: 720.534.0828
Cell: 510.517.0285
43
8
From: Morley Beckman
Sent: Tuesday, September 17, 2019 8:56 AM
To: 'Halene Burklow' <halene.burklow@pitkincounty.com>; Planner Of The Day
<planneroftheday@pitkincounty.com>
Cc: Victor DeWolfe <victor.dewolfe@deereault.com>
Subject: RE: Land Use Approval - excavating temporary test pits within gravel pit
Good morning!
The parcel number is 264316102010, address is 7943 Upper River Road, Woody Creek CO.
I have reviewed the constrained areas definitions in Chapter 7 and there are no constrained areas where the test
pits are proposed. All test pits will be excavated within the existing active gravel pit.
Thanks,
Ms. E. Morley Beckman, PE
Geotechnical Engineer / Project Manager
Deere & Ault Consultants, Inc.
Direct: 720.534.0828
Cell: 510.517.0285
From: Halene Burklow <halene.burklow@pitkincounty.com>
Sent: Tuesday, September 17, 2019 7:06 AM
To: Planner Of The Day <planneroftheday@pitkincounty.com>
Cc: Victor DeWolfe <victor.dewolfe@deereault.com>; Morley Beckman <morley.beckman@deereault.com>
Subject: Re: Land Use Approval - excavating temporary test pits within gravel pit
Good morning Morley Beckman,
What is either Parcel ID # for the property, or the address you are inquiring about?
44
9
Are there any constrained areas, as identified in Chapter 7, in the areas where the test pits are proposed?
Please advise.
On Monday, September 16, 2019 at 9:38:28 AM UTC-6, Morley Beckman wrote:
Hello,
I am writing to inquire about the applicability of a land use approval. I received this email address from Catherine
Christoff with Pitkin County, who is assisting us with an earth moving permit. We are preparing a geotechnical
investigation plan for a site in Woody Creek, CO. We are proposing to drill soil borings and excavate test pits
within an existing sand and gravel quarry. The borings (11 total) will be up to 6-inch diameter. The test pits (9 to
11 total) will be about 15 feet deep, 4 feet wide, and 20 feet long – all test pits will be immediately backfilled upon
completion.
Would a land use approval be required, specifically for the test pits?
Thank you,
Ms. E. Morley Beckman, PE
Geotechnical Engineer / Project Manager
Deere & Ault Consultants, Inc.
Direct: 720.534.0828
Cell: 510.517.0285
45
DRAFT
600 S. Airport Road, Building A, Suite 205
Longmont, CO 80503
Phone: 303-651-1468 ● Fax: 303-651-1469
September 20, 2019
Ms. Margaret Medellin, P.E.
Utilities Portfolio Manager
City of Aspen Utilities
130 South Galena Street
Aspen, Colorado 81611
Re: Conceptual Design of Reclamation Berm at Existing Vagneur Gravel Pit on McLain
Flats for the City of Aspen, Colorado; D&A Job No. CG-0687.009.00
Dear Ms. Medellin:
This letter describes our conceptual design for a reclamation berm at the Vagneur Gravel Mine
near Woody Creek, Colorado. This conceptual design is in accordance with our proposal dated
July 15, 2019.
BACKGROUND
The Vagneur Gravel Mine, owned by Elam Construction, is located in Pitkin County in the
Eastern One-Half of Section 16, Township 9 South, Range 85 West of the 6th Principal Meridian
(Figure 1). The site is situated on glacial outwash terraces about 100 to 200 feet above the
Roaring Fork River, on a parcel measuring about 104.4 acres. The mine consists of an open pit in
the middle terrace (which has been partially filled in) and a benched quarry in the upper terrace.
This quarry is highly visible due to its position on the upper terrace (Figure 2). The mine
operates a crusher to supply aggregate for industrial uses. Operations at the existing Vagneur
Gravel Mine also involve placing inert fill within the northern end of the existing mined out
gravel pit. Inert fill consists of construction waste materials such as concrete and asphalt. This pit
is a potential reservoir site, so the volume of inert fill in the pit needs to be limited to facilitate
future reservoir development.
BERM CONCEPT
The concept outlined herein involves constructing an earthen berm along the bottom of the
mined out upper terrace, so that inert fill can be placed behind it, rather than in the existing pit.
This concept has the dual advantage of reclaiming and revegetating the slope around the upper
terrace, and removing inert fill from the existing pit which will facilitate more cost-effective
future development of the existing pit into a water storage reservoir.
46
Ms. Margaret Medellin, P.E. DRAFT
September 20, 2019
Page 2
The new earthen berm and the inert fill stockpile area are shown on Figure 3. Approximately
6,200 cubic yards of earthfill will be required to construct the berm. In turn, the reclamation
stockpile will have the capacity to contain about 260,000 cubic yards of inert fill. We understand
the Vagneur Gravel Mine accepts inert fill at a rate of about 100,000 cubic yards per year. At that
rate, it would take nearly 3 years to fill in the benched quarry. At that time, the face of the fill
would be covered with topsoil and then revegetated.
The benefits of this reclamation berm concept include:
· Allow inert fill to continue generating income for Elam Construction, while diverting
inert fill away from the proposed reservoir site.
· Accelerate the reclamation of the highly visible mine scar on the upper terrace.
· Indirectly extend the life of the existing landfill by diverting inert fill away from the
landfill and into the benched quarry area.
Please call if you have any questions or comments.
Sincerely,
DEERE & AULT CONSULTANTS, INC.
Don W. Deere, P.E. Victor G. deWolfe, P.E., P.G.
Principal Principal
DWD:vd VGD:vd
Attachments
U:\0687 City Of Aspen\0687.009 Phase 1 Gravel Pit Feasibility\Berm Memo\Upper Terrace Berm Memo.Docx
47
Elam Construction(Vagneur Gravel Mine)104.4 Acres
W O O D Y C R E E KWOODY C R E E K
H ig h w a y 8 2
A s p e n (~6 m ile s )
G le n w o o d S p r in g s (~3 5 m ile s )
Upper Terrace
MiddleTerrace WoodyCreekRoaringFork R iv e r
VAGNEUR RECLAMATION BERM PROJECT
FIGURE NO.1
DATE:SCALE:
Site Location Map
1 inch=600 feetSEPTEMBER 2019
JOB NO. 0687.003.00
U:\0687 City of Aspen\0687.009 Phase 1 Gravel Pit Feasibility\GIS\Berm Memo Figure 1 - Site Location Map.mxd Friday, September 20, 2019 11:12 AMDRAFT
C o l o r a d o I n d e x M a pColorado I n d e x M a p
Woody CreekPitkin County, COWater Division 5
C olorado R iverLegend
State Highway 82
Streams
Salvation Canal
PARCEL
Vagneur Gravel Mine
0 600 1,200Feet
Township 9 South, Range 85 West (6th P.M.)Parcel Data from Pitkin CountyAerial Photo from NAIP (2015)
Area to be Reclaimed
Approximate Berm Location¥48
49
0+001+002+003+004+005+006+007+008+00ELEVATION (FT)
ELEVATION (FT)STATION (FT)MAX XS PROFILE7400742574507475750075257400742574507475750075250+000+501+001+502+002+503+003+504+004+505+005+506+006+507+007+508+00EL=7460EL=751120'1.5:12:1 (H:V)1.5:1EXISTINGGROUNDALTERNATIVE 1GRADINGEARTHENBERMINERT FILLDATE:SCALE:FIGURE NO.AS NOTEDASPENEARTHEN BERM AND INERT FILL3JOB NO. 0687.009.00SEPT 201960 30 0SCALE IN FEET100 50 0SCALE IN FEETCONTOUR INTERVAL=5FTEARTHEN BERMINERT FILLVOLUMES (APPROXIMATE)EARTHEN BERM: 6,200 CYINERT FILL: 260,000 CYPROPERTY LINEEXISTINGVAGNEURMINE50
MEMORANDUM
TO:Mayor and City Council
FROM:Bridgette Kelly, GISP, GIS Program Manager
THROUGH:Trish Aragon, P.E., City Engineer
MEMO DATE:January 31, 2020
MEETING DATE:February 11, 2020
RE:Contract Approval for Esri Small Municipal and County
Government Enterprise Agreement (EA)
REQUEST OF COUNCIL:Staff requests award of a contract to Esri for the renewal of a
Small Municipal and County Government Enterprise Agreement (EA). The total contract
award for a three-year term is for $75,000 and grants the City of Aspen access to Esri®
term license software on an unlimited basis including maintenance on all software offered
through the EA for the term of the agreement. (Attachment A).
SUMMARY AND BACKGROUND:In February 2008, the City of Aspen jointly entered
into a three-year contract with Pitkin County for an EA. Previously, Esri software licenses
were purchased per individual user, but as the use of the ArcGIS Platform and number of
users grew, it became a more cost effective and administratively efficient solution to enter
into a contract for an EA. In February 2015, the Inter-Government Agreement (IGA) for
shared Information Technology (IT) and Geographic Information System (GIS) services
between the City of Aspen and Pitkin County ended, and the City and County developed
separate GIS Programs. At the conclusion of the existing shared EA contract in February
2017, the City of Aspen purchased a separate EA and request the renewal of that contract
for another three-year term.
DISCUSSION: This resolution presented for your consideration authorizes the City
manager to execute and deliver the renewal of the EA. Under the previous agreement,
the EA provided access to unlimited desktop, enterprise and developer software as well
as access to several cloud-based solutions such as ArcGIS Online, Insights, Business
Analyst and ArcGIS Hub (for our Map Aspen open data site) to all users across the
organization as well as community members. As the number of users in the organization
and community continue to grow, it is recommended the new three-year contract be
renewed to continue to achieve lower costs per unit for licensed Esri software.
FINANCIAL IMPACTS: The cost of this contract is within the current GIS Services
budget in the General Fund, Engineering Cost Center as Software/Hosting Fees
approved by Council in the 2020 budget.
51
As the cost per unit for individually licensed software is far greater, this contract allows
the City to lock in the pricing for unlimited term license software for three years offering
savings across the term.
ENVIRONMENTAL IMPACTS: N/A
ALTERNATIVES:N/A
RECOMMENDATIONS: Staff recommends approval of this contract for the renewal of a
Small Municipal and County Government Enterprise Agreement.
CITY MANAGER COMMENTS:____________________________________________
______________________________________________________________________
______________________________________________________________________
Attachment A -EA Quote and Agreement
52
RESOLUTION #011
(Series of 2020)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ENVIRONMENTAL RESEARCH INSTITUTE, INC. (ESRI)
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Contract
Approval for Esri Small Municipal and County Government Enterprise Agreement
(EA), between the City of Aspen and Environmental Research Institute Inc. (Esri),
a true and accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
Approval for Esri Small Municipal and County Government Enterprise Agreement
(EA), between the City of Aspen and Environmental Research Institute Inc. (Esri),
a copy of which is annexed hereto and incorporated herein and does hereby
authorize the 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 11th day of February 2020.
Torre, Mayor
I, Nicole Henning, 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 11, 2020.
Nicole Henning, City Clerk
53
380 New York Street 909 793 2853 esri.com
Redlands, California 92373-8100 USA info@esri.com
November 15, 2019
Ms. Bridgette Kelly
City of Aspen
130 S Galena St
Aspen, CO 81611-1902
Dear Bridgette,
The Esri Small Municipal and County Government Enterprise Agreement (EA) is a three‐year agreement
that will grant your organization access to Esri® term license software on an unlimited basis including
maintenance on all software offered through the EA for the term of the agreement. The EA will be effective
on the renewal date of March 1, 2020 and will require a firm, three‐year commitment.
Based on Esri's work with several organizations similar to yours, we know there is significant potential
to apply geographic information system (GIS) technology in many operational and technical areas within
your organization. For this reason, we believe that your organization will greatly benefit from an
enterprise agreement.
An EA will provide your organization with numerous benefits including:
▪ A lower cost per unit for licensed software
▪ Substantially reduced administrative and procurement expenses
▪ Maintenance on all Esri software deployed under this agreement
▪ Complete flexibility to deploy software products when and where needed
The following business terms and conditions will apply:
▪ All current departments, employees, and in-house contractors of the organization will be eligible
to use the software and services included in the EA.
▪ If your organization wishes to acquire and/or maintain any Esri software during the term of the
agreement that is not included in the EA, it may do so separately at the Esri pricing that is
generally available for your organization for software and maintenance.
▪ The organization will establish a single point of contact for orders and deliveries and will be
responsible for redistribution to eligible users.
▪ The organization will establish a Tier 1 support center to field calls from internal users of Esri
software. The organization may designate individuals as specified in the EA who may directly
contact Esri for Tier 2 technical support.
▪ The organization will provide an annual report of installed Esri software to Esri.
54
Small Government EA
▪ Esri software and updates that the organization is licensed to use will be automatically available
for downloading.
▪ The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri’s
Small Municipal and County Government EA terms and conditions.
▪ Licenses are valid for the term of the EA.
This program offer is valid for 90 days. To complete the agreement within this time frame, please
contact me within the next seven days to work through any questions or concerns you may have. To
expedite your acceptance of this EA offer:
1. Sign and return the EA contract with a Purchase Order or issue a Purchase
Order that references this EA Quotation and includes the following statement on the face of the
Purchase Order: "THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND
CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GOVERNMENT
EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER
WILL NOT APPLY." Have it signed by an authorized representative of the organization.
2. On the first page of the EA, identify the central point of contact/agreement administrator. The
agreement administrator is the party that will be the contact for management of the software,
administration issues, and general operations. Information should include name, title (if
applicable), address, phone number, and e-mail address.
3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization.
4. Send the purchase order and agreement to the address, email or fax noted below:
Esri
Attn: Customer Service SG-EA
380 New York Street
Redlands, CA 92373-8100
e-mail: service@esri.com fax
documents to: 909-307-3083
I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to
your organization.
Thank you very much for your consideration.
Best Regards,
Lisa Ward
55
Quotation # Q-388599
Date: November 15, 2019
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 338072 Contract # ENTERPRISE
AGREEMENT
City of Aspen
Engineering Dept
130 S Galena St
Aspen, CO 81611-1902
To expedite your order, please attach a copy of ATTENTION:Bridgette Kelly
this quotation to your purchase order. PHONE:970-920-5448
Quote is valid from: 11/15/2019 To: 2/13/2020 EMAIL:bridgette.kelly@cityofaspen.com
Material Qty Term Unit Price Total
168177 1 Year 1 $25,000.00 $25,000.00
Populations of 0 to 25,000 Small Government Term Enterprise License Agreement
168177 1 Year 2 $25,000.00 $25,000.00
Populations of 0 to 25,000 Small Government Term Enterprise License Agreement
168177 1 Year 3 $25,000.00 $25,000.00
Populations of 0 to 25,000 Small Government Term Enterprise License Agreement
157519 50 $0.00 $0.00
Small Enterprise Agreement Public Safety Enterprise Creator (Formerly Named User Level 2) in Continually Staffed Environment
License - Year 1
157519 50 $0.00 $0.00
Small Enterprise Agreement Public Safety Enterprise Creator (Formerly Named User Level 2) in Continually Staffed Environment
License - Year 2
157519 50 $0.00 $0.00
Small Enterprise Agreement Public Safety Enterprise Creator (Formerly Named User Level 2) in Continually Staffed Environment
License - Year 3
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Lisa Ward
Email:
lward@esri.com
Phone:
(909) 793-2853 x8231
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document
found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement
with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your
purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of
Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply
to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement
regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different
or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation
information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The
information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.
WARDL This offer is limited to the terms and conditions incorporated and attached herein.
56
Quotation # Q-388599
Date: November 15, 2019
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 338072 Contract # ENTERPRISE
AGREEMENT
City of Aspen
Engineering Dept
130 S Galena St
Aspen, CO 81611-1902
To expedite your order, please attach a copy of ATTENTION:Bridgette Kelly
this quotation to your purchase order. PHONE:970-920-5448
Quote is valid from: 11/15/2019 To: 2/13/2020 EMAIL:bridgette.kelly@cityofaspen.com
Subtotal:$75,000.00
Sales Tax:$0.00
Estimated Shipping and Handling (2 Day Delivery):$0.00
Contract Price Adjust:$0.00
Total:$75,000.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Lisa Ward
Email:
lward@esri.com
Phone:
(909) 793-2853 x8231
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document
found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement
with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your
purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of
Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply
to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement
regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different
or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation
information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The
information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.
WARDL This offer is limited to the terms and conditions incorporated and attached herein.
57
Quotation # Q-388599
Date: November 15, 2019
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 338072 Contract # ENTERPRISE
AGREEMENT
City of Aspen
Engineering Dept
130 S Galena St
Aspen, CO 81611-1902
To expedite your order, please attach a copy of ATTENTION:Bridgette Kelly
this quotation to your purchase order. PHONE:970-920-5448
Quote is valid from: 11/15/2019 To: 2/13/2020 EMAIL:bridgette.kelly@cityofaspen.com
_________________________________________________________________________________________________________________________________
If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax
Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional
information is required to complete your request.
If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having
issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order.
In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA,
BPA) on your ordering document.
BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING
ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $___________, PLUS SALES TAXES IF
APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING
PAPERWORK.
Please check one of the following:
___ I agree to pay any applicable sales tax.
___ I am tax exempt, please contact me if exempt information is not currently on file with Esri.
___________________________________________ ________________________
Signature of Authorized Representative Date
___________________________________________
Name (Please Print)
___________________________________________
Title
_________________________________________________________________________________________________________________________________
The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside
parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri).
Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri
reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide
Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Lisa Ward
Email:
lward@esri.com
Phone:
(909) 793-2853 x8231
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document
found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement
with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your
purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of
Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply
to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement
regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different
or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation
information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The
information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.
WARDL This offer is limited to the terms and conditions incorporated and attached herein.
58
Esri Use Only:
Cust. Name
Cust. #
PO #
Esri Agreement #
Page 1 of 6 October 10, 2019
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-1)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental
Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the
Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the
documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the
Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and
construed in accordance with the laws of the state in which Customer is located without reference to conflict of
laws principles, and the United States of America federal law shall govern in matters of intellectual property. The
modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical
Analyst, ArcGIS Publisher, ArcGIS Network
Analyst, ArcGIS Schematics, ArcGIS Workflow
Manager, ArcGIS Data Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise and Workgroup
(Advanced and Standard)
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical
Analyst, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager
Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Engine
ArcGIS Engine Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase
Update, ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime (Standard)
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) Professional su bscription to ArcGIS
Developer*
Two (2) Esri CityEngine Single Use Licenses
50 ArcGIS Online Viewers
50 ArcGIS Online Creators
10,000 ArcGIS Online Service Credits
50 ArcGIS Enterprise Creators
2 Insights in ArcGIS Enterprise
2 Insights in ArcGIS Online
OTHER BENEFITS
Number of Esri User Conference registrations provided annually 2
Number of Tier 1 Help Desk individuals authorized to call Esri 2
Maximum number of sets of backup media, if requested** 2
Self-Paced e-Learning Uncapped
Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri
facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package)
* Maintenance is not provided for these items
**Additional sets of backup media may be purchased for a fee
59
Page 2 of 6 October 10, 2019
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation
attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this
Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL
GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise
agreed to by the parties ("Effective Date ").
Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and
arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—
Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
CUSTOMER CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number (if applicable):
Bridgette Kelly 970-920-5448
130 S Galena St
Aspen, CO 81611
USA
bridgette.kelly@cityofaspen.com
Q-388599
60
Page 3 of 6 October 10, 2019
1.0—ADDITIONAL DEFINITIONS
In addition to the definitions p rovided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at
https://www.esri.com/en-us/legal/terms/full-master-
agreement and available in the installation process
requiring acceptance by electronic acknowledgment
or (ii) a signed Esri master agreement or license
agreement that supersedes such electronically
acknowledged master agreement.
"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.
2.0—ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.
2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.
3.0—TERM, TERMINATION, AND EXPIRATION
3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products du ring the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.
3.4 Termination for Lack of Funds. For an
Agreement with government or government-
owned entities, either party may terminate this
Agreement before any subsequent year if 61
Page 4 of 6 October 10, 2019
Customer is unable to secure funding through
the legislative or governing body's approval
process.
3.5 Follow -on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.
4.0—PRODUCT UPDATES
4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.
Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.
4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.
5.0—M AINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.
Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support
1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.
2. The Tier 1 Help Desk will be fully trained in
the Products.
3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.
4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.
5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.
6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support
1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.
2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.
3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.
4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.
62
Page 5 of 6 October 10, 2019
5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).
6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.
7.0—ADMINISTRATIVE REQUIREMENTS
7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.
Customer will not decouple Esri products or
services from the OEM partners' application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.
8.0—ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee before the annual anniversary date for each
year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri's federal ID number is 95 -2775-732.
c. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.
8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due
9.0—MERGERS, ACQUISITIONS, OR
DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a
transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.
9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.
9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
63
Page 6 of 6 October 10, 2019
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.
9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.
64
1
REGULAR MEETING ASPEN CITY COUNCIL JANUARY 28TH, 2020
At 5:01 p.m. Mayor Torre called the regular meeting to order with Councilmembers Richards,
Hauenstein, Mesirow and Mullins present.
CITIZEN COMMENTS:
John Wilkinson of the Aspen Snowmass Nordic Council. Mr. Wilkinson said they had a wonderful
meeting last week out at the golf course with attendance from Anne, Skippy and Ward. There were
several items to discuss regarding the trails. We want to remind the council that in 2008, council
adopted the Nordic master plan. He read the mission statement and said the goal is to provide a
seamless skiing experience. He said they’ve been doing a great job monitoring and grooming the trails,
which are only open four months of the year. In Snowmass, we don’t plow them and just allow the
snow to pile up and let people tramp them down. They are multi-use.
Craig Ward – Mr. Ward said one of the things discussed last week at the meeting was the fractioning of
the Nordic system. The intent was originally integrated. He was going to bring in a poster of the first
map, which showed the whole valley and two trails coming into Aspen; the Rio Grande trail and a trail
along the base of Shadow Mountain. Both trails are used in the summer, but recently, the Rio Grande
has been plowed with a side area for skiers. It’s dangerous. The shadow trail could easily be packed and
groomed and it’s not. The more that we keep this separate, it defeats the purpose of the trail system.
We are asking to have a trial of packing the entire Marolt bridge so people can walk ski or bike across
the bridge. All other connectors are there for this to be seamless. We’d like to try this next year and
work with the parks department to make this happen.
Councilwoman Mullins said she’d like to set up a work session with this group to take a look at this. She
said they should definitely do the Midland trail from Koch Park out to the golf course.
Councilman Hauensteinsupplied council with pictures of the two bridges earlier.
Councilwoman Richards said she’s in agreement with Anne and would like to see a larger work session at
some point to discuss the changing landscape. She agrees with experimenting next fall.
Mr. Ward agreed and said they will start next year with the first big snowstorm.
City Manager, Sara Ott, said she will notify the open space and trails board as well to be a part of the
conversation.
Lee Mulcahy – Mr. Mulcahy said he is grateful for many things. Two of you are on the most feared
government board east of Beijing. He said he has a wicked sense of humor and brought in a painting
that he’s done in protest in regard to the banning of music from NPR and wants council to see it. This
morning, NPR reported on talk of civil war in Virginia. Locally, we hope to move forward in our eviction
with peace and negotiation. Skippy, I’m glad you agreed to come to the house. Why can’t we pay a
fine? Your message is to bridge and create solutions. You’ve come to the house and have seen the work
and love put into it. We are valuable members of this community and the city didn’t count sweat equity
that went into building the house. We’ve got threemore appeals in with the supreme court.
Toni Kronberg – Ms. Kronberg handed out clipboards to the council. She showeda presentation
regarding the highway 82 “skycab” project. She wants to have a meet and greet with the aerial
consultant and she wants to come up with funding for the feasibility study and then do public outreach.
65
2
REGULAR MEETING ASPEN CITY COUNCIL JANUARY 28TH, 2020
She started this weekend with a survey. On February16th, the Snowmass council is going to take a look
at connectivity. The developer has committed $750,000 towards a bridge or aerial. She gave contact
info: aspenhighway82survey@gmail.com and skycabsurvey.snowmass@gmail.com.
Greg Hamra – Mr. Hamra said he is here speaking for a number of residents and owners at 1024 E.
Cooper. The residents are very concerned about the project next to them at 1020. They are concerned
about the height for a two-story building. It’s 10 feet higher than it should be. There’s a solid 6-foot
wall being proposed, which would obscure views of the neighbors to the east. There are a number of
trees they don’t want to see go away as well. There will be a detached garaged, which would go right up
against the alleyway, so he would like you all to take a closer look. There is a list of items up for concern
and it’s not consistent with the look and feel of the neighborhood.
Public comment closed.
COUNCIL COMMENTS:
Councilwoman Mullins said she did attend the Nordic council last week and thanked them. She
reminded everyone of the AVSC bonfire this Saturday. It’s a progressive dinner around the golf course
and a really fun event. This packet was not the longest, but one of the most dense. Two things were
pointed out to address and one is the amount of square footage allowed for residential development
across town. She said we are suffering from overdevelopment and we need to touch on this topic. We
also need to look at the process applicants are having to go through. We need to take a look at what we
are asking people to do.
Councilman Hauenstein said we all survived X-Games, and everything seemed to go pretty smoothly. He
said he and Skippy went to visit the incident command center at Mountain Rescue and he was
impressed with how many people were involved in keeping this a safe event for all. It’s a well-oiled
machine. This was 19 years at Buttermilk and hats off to all who were involved.
Councilwoman Richards said she missed the cross-country ski as well because she went to the Club 20
legislative days in Denver. She said it was a well told and well executed session. They were putting
together a 10-year plan and spreading the money across the state. The lack of Aspen’s long-term
transportation plans really concerns her.
Councilman Mesirow said he was lucky to attend the Nordic ski day and the incident center, which were
both great experiences. He thanked Ann for raising the FAR and process issues and agrees its time to
touch on it. He thanked everyone for a successful X-Games and said there was a vibrant energy in town.
He congratulated Alex Ferreira. He also wants to draw attention to the flip side of the busy weekends in
town and supporting mental health. Torre made us aware of Hospitality Matters, which addresses the
mental health crisis in this valley. It’s our responsibility to support one another.
Torre congratulated Alex Ferreira and said the next generation of medalists are already working hard.
City council has a retreat next week and we will be working on council goals and shared goals. We are
continuing to work towards mission and vision statements. We are working on an evaluation process
for city manager and city attorney. We are trying to get together our direction and focus. These are
open meetings, but there will not be public participation. Lastly, he reminded everyone of the 2020
environmental goal of reduction of 30% of greenhouse gas emissions. It takes community participation
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to hit this goal and is a community challenge. We are 8% from reaching this goal right now, please
remember composting and proper waste management and driving less.
AGENDA AMENDMENTS:
None.
CITY MANAGER COMMENTS:
Ms. Ott said later this week, they will be posting for assistant city manager. She will be out of town
doing some recruiting for this. She said that two things are happening right now with the general
assembly. We are in touch with Kerry Donovan’s office regarding the single use plastics ban and seeking
their guidance for the best way to plug into this conversation. The other item we have considered
testifying on is the nicotine regulations in the state, which affirms moving the statewide age up to 21
and changing the penalties to be aimed at the seller instead of the buyer. We are going to do some
analysis on this February 12th and submit commentary. We will reach out and coordinate with Pitkin
County Public Health on the right way for us to comment on this. Ms. Ott ended with reminding
everyone that this Sunday is not only a big day in football, but also the first day of Girl Scout cookie
sales.
Councilman Mesirow reminded everyone of the Aspen Cares Fashion Show at Belly Up on February 6th.
The proceeds go toward mental and sexual health in the valley. Tickets are available at aspencares.org.
BOARD REPORTS:
Councilman Hauenstein mentioned CCLC and said they’ve been working on choosing vendors for next
summer’s market. He said they voted against allowing the political booths at the market. He also
queried them about the consumption lounges, and they would entertain this and did not have a strong
opinion either way but need more discussion. Councilwoman Mullins said she likes having someone at
the market encouraging people to vote but understands why CCLC didn’t want the political parties to be
present. Mayor Torre said CAST was last week and special recognition should go out to Pete Strecker
and CJ Oliver who were there discussing the nicotine taxes. He said Board of Health was Friday and a
retreat to determine values and goals. This morning he attended ACRA recapping some retreat items.
CONSENT CALENDAR:
Mayor Torre said he has two items he would like to pull; Resolution #008 and Resolution #009.
Councilman Hauenstein said he would like to discuss Resolution #010. Councilwoman Mullins said the
minutes were great.
Resolution #008 – Growth Management Carry Forward Allotment from 2019 to 2020 - Kevin Rayes and
Phillip Supino
Mr. Rayes said the resolution is written in the affirmative with a recommendation of denial.
Councilwoman Richards said she would like a broader review at some point should the allotment be
reduced overall to begin with and what has been the unused allotment over the years. Mr. Supino said
he supports a future conversation about this.
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Resolution #009 – Part 2 Design Team Services for Burlingame Ranch Phase 3 Affordable Housing – Chris
Everson and Will Hentschel of 359 Design
Mayor Torre said he was hoping they could speak to the nature of the contract.
Mr. Everson said that starting last summer, the city engaged 359 Design for part 1 and community
outreach. Our last meeting was on November 18
th as a work session and since then, they have finished
the schematic design and are now moving to part 2. This takes us through design development. There
are two building permits applications processes to go through; one at state level and one at the local
level, which will be done concurrently. 359 will handle this and will make sure we’re ready for
construction in 2021.
Councilman Hauenstein is excited about this and he would like to be involved in the tour of the factory.
Mr. Everson said they will be doing more tours and involving you guys.
Resolution #010 – Wheeler Opera House Freight Elevator Modernization – Robert Schober and Gena
Buhler
Councilman Hauenstein said his major concern was that it was an add on item, and since then, he
realized it’s a whole new scope. It was a change order for 400,000 that perked his ears. Mr. Schober
confirmed that it is a whole new scope and said the current elevator was installed in the 80’s and is due
for a refurbishment.
Councilman Hauensteinmoved to approve the consent calendar, Councilwoman Mullins seconded. All
in favor, motion carried.
CALL UP NOTICE: 1020 E. Cooper Avenue – Conceptual Major Development, Demolition, Relocation and
Variation
Amy Simon
Councilman Mesirow said he lived until very recently, within 500 feet of this project for seven years and
asked Mr. True if this was an issue and Mr. True said it is not, as long as he doesn’t own the property.
Ms. Simon said she is providing council of notification of HPC’s approval of this project. It was the home
of longtime Aspen resident, Sue Lum. As a council, you can vote to hear this for remand or approval.
She said this is a 4500 square foot lot and is in the residential multi-family zone district and is in between
two condo buildings. This is an unusual building and there are quirky conditions to this building. The
historic resource on this site is only 500 square feet. HPC tries to manage the addition, so the property
owner can develop to the rights that others have but do it in a compatible way. They have proposed a
restoration to the greatest extent possible. There are not a lot of old photos or history available.
Behind the building, is a one-story connector element to create some breathing room. There were two
hearings on this project and no height variations or setback variations here, but HPC gave them a 250
square foot bonus, which leaves them below what could be developed on the property. This is still
subject to final design review by HPC. This was difficult for HPC and there was a lot of neighbor interest.
The vote was 4-2. Staff supports council supporting HPC’s decision.
Councilwoman Richards appreciated the minutes from HPC being included in the packet. She said it
matters if someone prominent lived here previously and she appreciates the work that has been done
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thus far. She said she would like a more formal presentation and said they’ve all received multiple
letters of concern on this and she has a number of concerns as well. There are bigger issues here.
Councilman Mesirow asked for guidance on the process of HPC call ups and Ms. Simon explained. He
asked Councilwoman Mullins for her expertise on whether they should call up or not. Councilwoman
Mullins said this is very similar to a scrape and replace and it would be the same amount of square
footage allowedon this site.
Councilman Hauensteinsaid all of the zoning requirements have been met which lead him to not call
this up. He thinks for the sake of the neighbors they should fully vet this, so he’s in support of that. He
reminded the neighbors there are no variations in this and everything conforms.
Councilwoman Mullins said she would like to see this called as well. She said the front elevation seems
to be worked out, but the side elevations and the garage could be softened a bit. It’s needs to be more
sympathetic to the neighborhood.
Mayor Torre said he wants to reinforce once again, that it’s hard for him to understand the aim and
goals of preservation of a property like this. It’s beautiful and lovely, but for him, he doesn’t feel there is
an active connection with the historic reference that it could have. What would make him really happy
is a plaque in front of this gate so people can see that it’s historic. He wants historic restoration to be
next level. They should have a tag, medallion or picture plaque.
Councilwoman Richards moved for call up, Councilman Hauenstein seconded. All in favor, motion
carried.
FIRST READING OF ORDINANCES – Ordinance #01, Series of 2020 – 620 Gillespie Avenue and 845
Meadows Road
Amy Simon and Jim Curtis representing the Aspen Institute and Richard Stettler
Councilwoman Mullins motioned to read Ordinance #01; Councilwoman Richards seconded. All in favor,
motion carried. Ms. Henning read Ordinance #01.
Ms. Simon said there are two elements to discuss. The first and most exciting, at the corner of Gillespie
and the Music Associates parking lot, there exists a seminar building built in 1975. It’s a little isolated
and the institute is proposing to historically designate this building. They will also do a minor renovation
to use this building year-round. Next, is the construction of the Center for Herbert Bayer Studies, which
will house a huge Herbert Bayer collection. The less exciting aspect is the other circle on Meadows
Road, which will be a storage shed. This project is subject to HPC and council review. We are working
daily with the applicant to come up with conditions of approval which satisfy their needs and all the
different review departments as well. At second reading, we will have a list of conditions in the
ordinance. Mr. Curtis said he and Amy are now new best friends and email a lot about this project. We
are excited for second reading and think this is a very exciting project. Over the past 45 years, there has
been remedial work done and this is our first chance to do a comprehensive upgrade. The institute feels
really good about it. We’ve been in contact with the Bayer family in London and they have agreed to
dedicate 30 pieces of art to this project. The family is very excited for this as well.
Councilwoman Mullins said this is very exciting and deserves the designation.
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Councilwoman Richards said she’s looking forward to the full presentation but doesn’t like the
affordable housing cash in lieu. The community has grown beyond waiving this any longer so let’s
discuss further next time.
Councilman Hauenstein said Rachel beat him to the punch regarding the affordable housing and he’s
also not in favor of this. He’s supportive of the FTE but he can’t get his head around the cash in lieu. He
would like more discussion on page 235 of packet between the relationship between HPC and the
parcel. He doesn’t want to see this moved at a later date. He also wants to discuss dust mitigation and
how it will be achieved.
Councilman Mesirow thanked them and said it’s really exciting. This building was his office for many
years. He also wants to discuss the cash in lieu and understand which number we’re looking at and why.
Mr. True asked Anne if she is an employee of the institute and she said she gives a few tours in the
summer for a Plato’s gift certificate. Mr. True advised her to recuse herself from the vote.
Councilman Hauenstein moved to approve Ordinance #01 on first reading, Councilwoman Richards
seconded. Roll call vote: Mesirow, yes; Richards, yes; Hauenstein, yes; Torre, yes. 4-0, motion carried.
Council took a dinner break at 7:00 p.m. and reconvened at 7:30 p.m.
PUBLIC HEARING: Resolution #006, Series of 2020 – 101. W. Main Street, Molly Gibson Lodge.
Extension of Vested Rights and Minor Amendment to a Project Review.
Mike Kramer
Mr. Kramer said the applicant is Haymax Lodging, LLC represented by Stan Clauson and Michael Brown.
This would be a 24-month extension and an amendment to a previous approval from 2015. He showed
a vicinity map and pointed out parcels 1 and 2 and the existing conditions. He said there are 53 lodge
units in total. There was a 2015 final approval and that granted a vested right for a lodge component on
parcel 1. This lodge would contain 68 lodge units. Within parcel 1 and the lodge, there is one onsite
affordable housing unit. Parcel 2 contains the freemarket component and two free market residences
were approved on this lot. This approval was vested for 3 years, up to 2018, at which time, the
applicant came in for an extension of vested rights. Council approved the extension for 2 years and is
now vested until June 4th, 2020. Approval of tonight’s request would establish vesting until June 24th,
2022. This would reduce construction impacts of two lodges; Molly Gibson and Hotel Aspen and would
eliminate a loss of bed base for both lodges. The minor amendment to the project review would remove
the onsite affordable housing unit. Regarding this, APCHA doesn’t support it. We looked at the growth
management section of the code and there are certain provisions that give definition to this onsite unit,
making it a multi-family designation. The current code would require this to remain onsite when
demolition happens. Staff is recommending that the needs of the city are not served by perpetuating a
land use approval that does not meet current height and floor area standards. We are suggesting
council to deny Resolution #006.
Councilman Mesirow asked for explanation of 1.75 FTE onsite, but 3.23 required and what is happening
with the remainder. Mr. Kramer said there is no remainder because there is an existing unit on the
property today. The 3.23 is a factor of the unit lodge increase and the free market component of the
project. Further discussion and explanation ensued.
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Councilman Hauenstein said there was a small lodge incentive waiver granted in 2015 and asked what
the allowance was at that time. Mr. Kramer said the mitigation rate approved in 2015 was 10%.
APPLICANT PRESENTATION:
Stan Clauson and Michael Brown
Mr. Clauson showed the development of the design. He said the building permit will be ready for
submission in March 2020 and this was a project extremely well received at the time. The benefits to
the city include an additional Wecycle station and consecutive construction for two hotels. Hotel Aspen
will commence construction in the fall of 2020 and open in May 2022. Molly Gibson would submit for
permit around the time Hotel Aspen opens and commence construction in the Spring of 2023. This is to
ensure the construction activity on Main Street won’t be disruptive, minimize impact on city room
inventory during construction, protect existing jobs at both places and allow Hotel Aspen to settle in
before the Molly Gibson commences construction. The extension is not something we need, it’s to
phase the construction. The minor amendment requested, is to move the onsite one-bedroom
affordable housing unit offsite. Moving the affordable housing unit offsite willallow for increased
meeting space to be provided subgrade and allows better functionality. Excess onsite affordable
housing is provided at Hotel Aspen, which will also serve the Molly Gibson. Mr. Clauson showed the
proposed lower level. He said that staff has followed APCHA’s recommendation, but in this case, it’s
worth another look. The applicant is willing to provide an additional .5 FTE to the affordable housing
mitigation if affordable housing can be provided. The applicant requests that this additional .5 FTE
option can be confirmed at a later date to ensure viability. If additional affordable housing is not viable,
the applicant will stay with the original proposal.
Mr. Brown said they reviewed the vesting rights criteria and they’ve met all of that. Section D was called
into question. He read the excerpt for the board regarding the needs of the city. He said the needs of
the city are met and by phasing, it’s easier for their employees and members of the community. I
understand you’re protecting the land use code, and if you choose not to grant our request, we’re not
going to forgo submitting for building permit.
Councilman Mesirow clarified that if council doesn’t approve the extension, that both hotels will get
built concurrently and Mr. Brown said yes, there will be overlap and it’s unavoidable.
Councilman Hauenstein said he can support the 24-month extension, but his conditions would be that
the onsite and workforce housing remains onsite. There is a precedent for workforce housing mitigation
to be for an increase in vested rights to be tied to what the workforce housing mitigation is at the time.
Stan. The small lodge benefit is in the code, it would have the same benefits.
Mr. Kramer clarified the code regarding the lodge incentive.
Councilwoman Richards said she would love to have more research on this as well. She said that it can’t
be promised that both hotels will stay under the same ownership, but this request does have value in
the phasing of construction. She asked where the affordable housing unit is located, and Mr. Brown said
on the ground floor on Main Street. She supports Ward’s comments entirely and she supports the
extension but leaving the affordable housing unit onsite. She’s not seeing a real compelling reason to
remove it.
Mr. Brown said if you guys don’t see the benefit, he will deal the hand he’s dealt.
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Councilwoman Mullins asked about the parking and how it went from 10 to 34 in the new land use code.
Mr. Kramer explained that 34 would be the max.
Mayor Torre opened the public hearing.
Mayor Torre closed the public hearing.
Councilwoman Mullins said she’s never been a fan of extending vested rights. As the land use code is
changing, it’s for the better and this is 7 years from approval, if we extend it again. We worked really
hard in 2016-17 to bring Main Street back to character. The onsite affordable housing, you don’t see
very often, so she would like to keep this. She doesn’t support the extension of the vesting and she
doesn’t want to see us lose the onsite affordable housing.
Councilman Mesirow said he is not in favor of removing the affordable housingunit. As to the
extension, he likes the phasing perspective. He’s willing to grant the extension, but there’s a condition
for affordable housing, and he would like to keep that.
Mayor Torre said that for years, he hasn’t supported extending vested rights. He’s not as compelled by
the overlap, so he doesn’t support this.
Councilwoman Richards said this is a challenge for all of us. She appreciates the applicants. For her, at
the end of the day, you will go and exercise these rights. There’s nothing compelling as a community
benefit for her and in that final analysis, if there had been more, she’d be open. She’s joining the
deniers.
Councilman Hauenstein asked if there was an increase in FTE’s, would that have any bearing on council
to approve the extension and Mr. Brown said absolutely not, we can’t offer that.
Councilman Hauenstein moved to deny Resolution #006, Councilman Mesirow seconded. Roll call vote:
Richards, yes; Mesirow, yes; Mullins, yes; Hauenstein, yes; Torre, yes. 5-0, motion carried
ACTION ITEMS: Resolution #003, Series of 2020 - City of Aspen 2020 Regional State and Federal Policy
Agenda
Tara Nelson
Ms. Nelson summarized what is in front of them and the changes that were made. She said she is happy
to go through any other changes.
Councilman Hauenstein corrected his phone number on page 500.
Councilwoman Richards said this is really great work and she thanked Ms. Nelson for staying through all
of the other items. She fully supports the living breathing document.
Councilwoman Mullins said she has no more changes but said this is so greatand the enthusiasm is so
great. She asked Ms. Nelson if she will be down in Denver on the 13
th, and said she thinks that’s great to
put this into practice. We will come to you from now on with changes. Thanks, so much for all of your
hard work and a great product. It’s been a great addition to our council repertoire.
Councilman Hauensteinthanked Ms. Nelson so much for her efforts and said she really produced a great
product.
Ms. Nelson said she shares the sentiments with other city staff who worked on this as well.
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Councilman Mesirow said it’s fantastic. We are a lucky and privileged community with a responsibility
to model behaviors and not just comment on them. This is a big step in the right direction. He thanked
all of staff who was involved in this and is grateful to Ms. Nelson for supporting this.
Mayor Torre thanked everyone for putting it together.
Councilwoman Richards said she received an email from Western Leaders Network a week ago and they
are having a training in May in Santa Fe on how to be more effective on these sorts of things and
effecting state and federal legislation. She said she will forward to everyone.
Councilwoman Richards moved to approve Resolution #003; Councilwoman Mullins seconded. All in
favor, motion carried.
Mr. True recommended moving into an executive session at 8:44 p.m.
Councilwoman Mullins motioned to go into executive session, Councilman Hauenstein seconded. All in
favor, motion carried.
______________________________
Nicole Henning, City Clerk
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