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HomeMy WebLinkAboutagenda.council.regular.202203221 AGENDA CITY COUNCIL REGULAR MEETING March 22, 2022 5:00 PM, City Council Chambers 427 Rio Grande Place WEBEX www.webex.com Enter Meeting Number: 2551 296 4641 Password: 81611 Click “Join Meeting” OR Join by phone Call: 1-720-650-7664 Meeting number (access code): 2551 296 4641 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 #037, Series of 2022 - Burlingame Childcare Center Design Contract VI.B.Resolution #044, Series of 2022 - Approving Sister Cities Relationships VI.C.Resolution #045, Series of 2022 – Contract Amendment for Extended SD Services 1 2 & Sustainability Implementation, Lumberyard Design Team VI.D.Draft Minutes of March 7th & 8th VI.E.Board and Commission Appointments VII.NOTICE OF CALL-UP VIII.FIRST READING OF ORDINANCES VIII.A.Ordinance #02, Series of 2022 - Aspen Mini-Storage Annexation VIII.B.Ordinance #03, Series of 2022 - Aspen Mini-Storage - Zoning and Planned Development VIII.C.Ordinance #05, Series of 2022 - Building IQ IX.PUBLIC HEARINGS X.ACTION ITEMS X.A.Resolution #041, Series of 2022 - Amending COVID Protocols at the Wheeler Opera House X.B.Resolution #042, Series 2022 - Aspen Parks Baseline Irrigation Controller Retrofit X.C.Resolution #043, Series of 2022 - Moratorium Policy Resolution X.D.Special Event Permit Application Rio Grande Park XI.ADJOURNMENT 2 Page 1 of 4 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Jen Phelan, Development Manager and Shirley Ritter, Kids First Director THROUGH:Scott Miller, Public Works Director MEETING DATE:March 22, 2022 RE:Resolution No. 037 (Series of 2022), Burlingame childcare center design team contract with Land and Shelter, Inc. REQUEST OF COUNCIL:Staff is requesting approval of Resolution No. 37 (Series of 2022)and the associated design team contract with Land and Shelter, Inc. for design services associated with the Burlingame childcare center. SUMMARY AND BACKGROUND: As a critical City Council goal to increase childcare capacity, staff has moved forward on a request for proposal (RFP) to develop a childcare facility in the Burlingame subdivision. The expectation is to include seven classrooms that will serve over seventy children, including infants, toddlers, and preschoolers. As conceived, the Project includes the development of a childcare center and the potential of some on- site housing (up to 4 units). Design considerations will include program development and sensitivities related to density, height and massing along with additional characteristics such as landscape, traffic and parking, neighborhood character, noise and air quality, energy efficiency & sustainability. The subject site is described as Park Parcel C within the Burlingame Subdivision/PD and contains 37,502 sq. ft. of area that has street frontage along Harmony Road and Paepcke Road, the former being the primary road into and out of the subdivision, the latter currently a dirt road that will be improved as part of the construction being undertaken for Phase 3 of Figure 1: Vicinity Map 3 Page 2 of 4 Burlingame. Adjacent to this parcel are two lots approved for single-family development, Lot 3 (4,542 sq. ft.) and Lot 4 (4,486 sq. ft.),all threetotaling46,530 sq. ft. of area that may be considered for development as part of the overall site plan. The largest parcel, Parcel C, contains steep grades (up to 30 feet difference) which may provide design and construction challenges. DISCUSSION:Staff issued an RFP on October 22, 2021, and closed the process on December 14, 2021,per the City’s procurement procedures via the Bidnet Direct website. Bidnet Direct allows vendors to receive notification of public bid opportunities. Additionally, the City advertised in the Roaring Fork Valley and the Vail Valley in local newspapers and sent a courtesy email notification to local architects. Twenty-seven potential vendors accessed the Bidnet Direct site to review the proposal. A pre-bid meeting held on November 16, 2021, was attended by 28 individuals. With the closure of the bid window, the City received two bids. One from Coover and Clark (Denver, CO) and the other from Land and Shelter, Inc. (Carbondale, CO). Staff followed up with architects that had attended the pre-bid meeting but did not submit a proposal to ask if there was a reason for not submitting and the responses ran the gamut of being too busy, not being able to get commitment with local sub-consultants, and concern on how long the process would take. After an initial review of the bids, staff felt comfortable formally evaluating the proposals submitted. A review committee included staff from the Asset, Environmental Health and Sustainability, Kids First, and Finance Departments, as well as a Kids First Advisory Board member. The committee’s recommended vendor is Land and Shelter, Inc., a valley firm that has collaborated with early childhood design experts (Alan Ford Architects and RDG Planning and Design) as part of their proposal. Members supported this vendor for a variety of reasons including their deep understanding regarding early childhood development, the experience of the subconsultant team, their discussion on environmental considerations, and their understanding of the regulatory environment of Aspen. Figure 2: Subject Lots Figure 3: Representative Projects 4 Page 3 of 4 The proposal Includes eight parts for design and construction: from the first phase of conceptual/schematic design for developing an initial design to the final phase, Part 8, covering warranty and close out services. Each part contains varying hours of consultant and subconsultant work dependent on the needs of each phase. The City is proposing to contract Parts 1-5, which will result in construction documents being generated. Recognizing the design and entitlement challenges that the project may face with the site and programming, Asset staff requested that the project be developed with two design and entitlement tracks priced out: one scenario where only a childcare center is developed and the land use review process is solely before City Council and a second scenario that includes both a childcare center and some affordable housing with a multi-board land use review process. The decision to move forward with only a childcare facility or with the addition of housing will be finalized during the first part of the project: Conceptual/Schematic Design and inform the cost of the project going forward. Staff anticipates the Conceptual/Schematic Design phase to take about 12 weeks once started. Table 1: Contract Phases and Cost Contract Phase Early Childhood Center 1 Step Early Childhood Center & Housing 3 Step Part 1 Conceptual/Schematic Design $187,254 $227,241 Part 2 Support for the Land Use Application and Review Process $125,592 $151,627 Part 3 Design Development $199,596 $244,953 Part 4 Approval Documents and Recordation Support $31,005 $35,245 Part 5 Constructions Documents $282,567 $351,663 Reimbursables, Part 1-5 $41,082 $50,144 Subtotal, Parts 1-5 $867,096 $1,060,873 Part 6 Support for the Building permit Application Process $50,838 $60,357 Part 7 Construction Administration $179,744 $227,971 Part 8 Closeout and Warranty $40,428 $49,526 Reimbursables, Part 6-8 $9,485 $11,825 Subtotal, Parts 6-8 $280,495 $349,679 Total, Parts 1-8 $1,147,591 $1,410,552 The costs associated with consultant fees will be locked in for phases 1-5, reimbursables are for actual costs incurred, so the number provided is an estimate. The last three phases can be added as a change order but final costs may change as they are not part of the proposed contract. FINANCIAL IMPACTS: The 2022 Spring Supplemental submitted by Kids First includes a request for the cost of phases 1 through 5 of this project. To support this ask, staff recommends the application of the American Rescue Plan Act (ARPA) resources that have been received thus far (the first 50%, or $930,119.77, was received in June 2021 and was split evenly between Kids First and Stormwater) and existing fund balance held within the Kids First Fund. Staff is expecting an additional $930,119.77 as the second 50% of ARPA award this year, though staff has not yet discussed these funds with Council. Future Funding to build the project is part of the scope that Kids First is working with Kate Kalstein Consulting to develop. An initial meeting with community partners was held March 9, with individual 5 Page 4 of 4 meetings set up throughout March. This work will result in a report that will detail the strategic vision for the project, include key messages developed to engage the community and provide project updates, and outline the project budget. It will also include a strategic fund development plan to support the design and launch of the childcare facility. ENVIRONMENTAL IMPACTS: The design team includes professionals versed in green building. The building can be developed to the environmental standard requested by the city (potentially net zero). This building is anticipated to be designed to enhance energy and resource efficiency, which is an objective of the Climate Action Plan and aligns with Council’s carbon goal. RECOMMENDATION: Based on the robust expertise offered by the design team and the priority of developing childcare opportunities, Staff recommends approval of the Land and Shelter, Inc.contract. CITY MANAGER COMMENTS:_____________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ EXHIBITS: Attachment A: Land and Shelter contract with exhibits 6 Resolution 037-2022 Burlingame childcare center, architecture contract Page 1 of 1 RESOLUTION NO. 037 SERIES OF 2022 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A CONTRACT FOR THE BURLINGAME CHILDCARE CENTER BETWEEN THE CITY OF ASPEN AND LAND AND SHELTER INC., 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 an agreement between the City Council (the “Owner”) and Land and Shelter Inc. (the “Architect”), a true and accurate copy of which is attached hereto as “Exhibit A”, and, WHERAS, City Council considered and approved the agreement at a regular council meeting on March 22, 2022; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: That the City Council of the City of Aspen hereby approves the agreement between Owner and Architect, 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 22nd day of March 2022. ______________________________________ Torre, Mayor ATTEST:APPROVED AS TO FORM: _______________________________________________ Nicole Henning,City Clerk James R True, City Attorney 7 AIA®Document B132™– 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A132™– 2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and C132™– 2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232™–2019 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the « » day of «March» in the year «2022» (In words, indicate day, month, and year.) BETWEEN the Architect’s client identified as the Owner: (Name, legal status, address, and other information) «City of Aspen »« » «c/o Capital Asset Department » «427 Rio Grande Place » «Aspen, CO 81611 » and the Architect: (Name, legal status, address, and other information) «Land and Shelter, Inc. »« » «P O Box 550 » «Carbondale, CO 81623 » « » for the following Project: (Name, location, and detailed description) « Burlingame Childcare Center project as described in Exhibit B City of Aspen Request for Proposals 2021-239 Architecture & Engineering Design Team for the Burlingame Childcare Center” dated October 22, 2021. » « » « » The Construction Manager: (Name, legal status, address, and other information) «TBD »« » « » « » « » The Owner and Architect agree as follows. 8 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as “not applicable,” or “unknown at time of execution”.) § 1.1.1 The Owner’s program for the Project: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) « The City of Aspen (Owner) will pursue a collaborative development team. CMa is anticipated to be added at the time of Part 2 Services based on the attached exhibits. All project participants are expected to embrace basic teamwork principles such as mutual respect and trust, transparency, collaborative problem solving, open communication and professionalism at all times. The program encompassing Exhibit B City of Aspen Request for Proposals 2021-239 Architecture & Engineering Design Team for the “Burlingame Childcare Center” dated October 22, 2021, and additionally described in Exhibit A Land and Shelter, Inc Proposal dated December 14, 2021. » § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) « The City of Aspen desires to develop a mixed-use project on vacant property it owns within the Burlingame Subdivision/Planned Development. The programming for the site will include development of a childcare center with appropriate indoor and outdoor spaces, well designed multi-modal circulation for the site and potentially some on-site housing intended for employees of the childcare center. The project is further described in Exhibit B City of Aspen Request for Proposals 2021-239 Architecture & Engineering Design Team for the “Burlingame Childcare Center” dated October 22, 2021. » § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: 9 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 3 (Provide total and, if known, a line item breakdown.) «Cost of work is TBD » § 1.1.4 The Owner’s anticipated design and construction milestone dates: All dates as proposed below to be shifted based on City of Aspen formal notice to proceed. .1 Design phase milestone dates, if any: « Project Schedule as anticipated in Exhibit A Land and Shelter, Inc. Proposal dated December 14 2021 » .2 Construction commencement date: « Project Schedule as anticipated in Exhibit A Land and Shelter, Inc. Proposal dated December 14, 2021» .3 Substantial Completion date or dates: « Project Schedule as anticipated in Exhibit A Land and Shelter, Inc. Proposal dated December 14, 2021 » .4 Other milestone dates: « n/a » § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid or negotiated contract.) « Request for Proposals » § 1.1.6 The Owner’s requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction are set forth below: (Identify any requirements for fast-track scheduling or phased construction and, if applicable, list number and type of bid/procurement packages.) « n/a » § 1.1.7 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) « » § 1.1.7.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E235-2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E235-2019 is incorporated into this Agreement, the Owner and Architect shall incorporate the completed E235-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information.) «CMa is TBD until later in the process » « » « » « » « » 10 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 4 « » § 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s submittals to the Owner are as follows: (List name, address, and other contact information.) « Jennifer Phelan, Development Manager, City of Aspen, (970) 319-9949, jennifer.phelan@aspen.gov § 1.1.10 The Owner shall retain the following consultants and Contractors: (List name, legal status, address, and other contact information.) .1 Construction Manager: (The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1.) « TBD » .2 Land Surveyor: «TBD »« » « » « » « » « » .3 Geotechnical Engineer: «TBD »« » « » « » « » « » .4 Civil Engineer: « N/A »« » « » « » « » « » .5 Other consultants and Contractors: (List any other consultants and Contractors retained by the Owner.) « n/a » § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information.) « Andrea Korber, Land+Shelter» « PO Box 550, Carbondale, CO 81623» « 970-366-1582 » « andi@landandshelter.com» « » « » § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: 11 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 5 (List name, legal status, address, and other contact information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: « As described in Exhibit A Land and Shelter, Inc. Proposal dated December 14, 2021. »« » .2 Mechanical Engineer: « As described in Exhibit A Land and Shelter, Inc. Proposal dated December 14, 2021. »« » .3 Electrical Engineer: « As described in Exhibit A Land and Shelter, Inc. Proposal dated December 14, 2021. »« » § 1.1.12.2 Consultants retained under Supplemental Services: « Subject Experts, Interior Designer, Traffic Engineer, Civil Engineer, Landscape Architect, Sustainability Consultant, Community Outreach Consultant, Fire Protection, Irrigation Designer, Acoustics & Technology Designer, and Food Service Consultant as described in Exhibit A, Land+Shelter Proposal dated December 14, 2021. » § 1.1.13 Other Initial Information on which the Agreement is based: « » § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 1.4 The term “Contractors” refers to persons or entities who perform Work under contracts with the Owner that are administered by the Architect and Construction Manager. The term “Contractors” is used to refer to such persons or entities, whether singular or plural. The term does not include the Owner’s own forces, or Separate Contractors, which are persons or entities who perform construction under separate contracts with the Owner not administered by the Architect and Construction Manager. ARTICLE 2 ARCHITECT’S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall 12 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 6 perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.6 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.6.1 Commercial General Liability with policy limits of not less than «two million U.S. dollars » ($ «2,000,000.00 » ) for each occurrence and «four million U.S. Dollars » ($ « 4,000,000.00 » ) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than «one million U.S. dollars » ($ «1,000,000.00 » ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.6.4 Workers’ Compensation at statutory limits. § 2.6.5 Employers’ Liability with policy limits not less than «one million U.S. dollars » ($ «1,000,000.00 » ) each accident, « one million U.S. Dollars » ($ «$1,000,000.00 » ) each employee, and « one million U.S. Dollars» ($ «1,000,000.00 » ) policy limit. § 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than «one million U.S. dollars » ($ «1,000,000.00 » ) per claim and « one million U.S. Dollars » ($ «1,000,000.00 » ) in the aggregate. § 2.6.7 Additional Insured Obligations.To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. § 2.6.9 The Architect shall provide to the Owner acceptable certificates of insurance evidencing compliance with the requirements in this Section 2.6 prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. The insurance policies required by this Section, except workers’ compensation, shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire without 13 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 7 at least 30 days’ prior written notice to the Owner. An additional certificate evidencing continuation of professional liability coverage shall be submitted with the final Application for Payment. Information concerning reduction of coverage on account of claims paid under the policy shall be furnished by the Architect with reasonable promptness. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. § 2.6.10 Governmental Immunity: The parties hereto understand and agree that Owner 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 $1,093,000 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 Owner, its officers, or its employees. § 2.6.11 Owner’s Insurance:The parties hereto understand that the Owner is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business hours. Owner makes no representations whatsoever with respect to specific coverages offered by CIRSA. Owner shall provide reasonable notice of any changes in its membership or participation in CIRSA. § 2.6.12 Deductible: The Architect shall pay any amounts not covered under these policies because of a deductible on the insurance policies provided by the Architect. ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Basic Services consist only of those described in this Article 3 and in attached Exhibit A Land and Shelter, Inc. Proposal dated December 14, 2021, and Exhibit B City of Aspen Request for Proposals 2021-239 Architecture & Engineering Design Team for the “Burlingame Childcare Center” dated October 22, 2021. The initial contract includes Parts 1 through 5, from Conceptual/Schematic Design through Construction Documents services described herein and in the referenced exhibits. Additional portions of work may be added as the project moves forward, by amendment of this agreement as Additional Services. CMa is initially TBD. Owner intends to add CMa later in the process. Until Owner hires a CMa, all CMa’s obligations under this Agreement are Owner’s exclusive responsibility. The initial contract includes: Part 1: Conceptual/Schematic Design Part 2: Support for the Land Use Application and review process Part 3: Design Development Part 4: Approval Documents-recordation support Part 5: Construction Documents As described in attached Exhibit A Land and Shelter, Inc. Proposal dated December 14, 2021, and Exhibit B City of Aspen Request for Proposals 2021-239 Architecture & Engineering Design Team for the “Burlingame Childcare Center” dated October 22, 2021. Additional portions of work may be added as the project moves forward, by amendment: Part 6: Support for the Building Permit Application Process Part 7: Construction Administration Part 8: Project Closeout and Warranty Support As described in attached Exhibit A Land and Shelter, Inc. Proposal dated December 14, 2021, and Exhibit B City of Aspen Request for Proposals 2021-239 Architecture & Engineering Design Team for the “Burlingame Childcare Center” dated October 22, 2021. Services other than those specified are Additional Services. § 3.1.1 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. 14 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 8 § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager, and the Owner’s other consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner, the Construction Manager, and the Owner’s other consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency, in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit, for the Construction Manager’s review and the Owner’s approval, a schedule for the performance of the Architect’s services. The schedule shall include design phase milestone dates, as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. This schedule shall include allowances for periods of time required for the Owner’s review, for the Construction Manager’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect’s services. The Architect shall review and approve, or take other appropriate action upon, the portion of the Project schedule relating to the performance of the Architect’s services. § 3.1.5 The Architect shall not be responsible for an Owner’s or Construction Manager’s directive or substitution, or for the Owner’s acceptance of non-conforming Work, made or given without the Architect’s written approval. § 3.1.6 The Architect shall, in coordination with the Construction Manager, contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner and Construction Manager, and shall review laws, codes, and regulations applicable to the Architect’s services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner and Construction Manager regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, to the Owner and Construction Manager, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Construction Manager’s review and Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections 15 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 9 and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and/or the Construction Manager. The Architect shall meet with the Owner and/or Construction Manager to review the Schematic Design Documents. § 3.2.7 Upon receipt of the Owner and/or Construction Manager’s review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner’s approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate such revisions in the Design Development Phase. § 3.2.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager’s agreement with the Owner. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Construction Manager’s review and the Owner’s approval. The Design Development Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.3.3 Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner’s approval of the Design Development Documents. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Construction Manager’s review and the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. 16 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 10 § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and the Construction Manager in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreements between the Owner and Contractors; and (3) the Conditions of the Contracts for Construction (General, Supplementary and other Conditions); and (4) a project manual that includes the Conditions of the Contracts for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.4.5 Upon receipt of the Construction Manager’s information and an estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7, and request the Owner’s approval of the Construction Documents. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner and Construction Manager in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and (4) awarding and preparing Contracts for Construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions, and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements, and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner and Construction Manager in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective Contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective Contractors; .4 participating in negotiations with prospective Contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions, consult with the Construction Manager, and prepare and distribute addenda identifying approved substitutions to all prospective contractors. 17 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 11 § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232–2019, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractors’ failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for acts or omissions of the Construction Manager, or acts or omissions of the Contractors or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2, and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner and the Construction Manager (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection. Whenever the Architect considers it necessary or advisable, the Architect, upon written authorization from the Owner and notification to the Construction Manager, shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractors, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of the Construction Manager, Owner, or Contractors through the Construction Manager. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by the Owner and Contractors, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractors designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A232–2019, the Architect, with the assistance of the Construction Manager, shall render initial decisions on Claims between the Owner and Contractors as provided in the Contract Documents. 18 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 12 § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 Not more frequently than monthly, the Architect shall review and certify an application for payment. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. .2 Where there is more than one Contractor responsible for performing different portions of the Project, the Architect shall review the Project Application and Project Certificate for Payment, with the Summary of Contractors’ Applications for Payment, that the Construction Manager has previously prepared, reviewed, and certified. The Architect shall certify the total amount due all Contractors collectively and shall issue a Project Certificate for Payment in the total of such amounts. § 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractors are entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate each Contractor’s right to payment, or (4) ascertained how or for what purpose that Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.4 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager’s Project submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals transmitted by the Construction Manager shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractors’ submittals such as Shop Drawings, Product Data and Samples, that the Construction Manager has reviewed, recommended for approval, and transmitted to the Architect. The Architect’s review of the submittals shall only be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractors’ responsibilities. The Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractors to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractors’ design professionals, provided the submittals bear such professionals’ seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with 19 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 13 information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 After receipt of the Construction Manager’s recommendations, and subject to the provisions of Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect, in consultation with the Construction Manager, shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect shall review and sign, or take other appropriate action, on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner’s approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be effected by written order issued by the Architect through the Construction Manager. § 3.6.5.3 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect, assisted by the Construction Manager, shall: .1 conduct inspections to determine the date of Substantial Completion and the date of final completion; .2 issue a Certificate of Substantial Completion prepared by the Construction Manager; .3 review written warranties and related documents required by the Contract Documents and received from the Contractors, through the Construction Manager; and .4 after receipt of a final Contractor’s Application and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager, issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect’s knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect’s inspections shall be conducted with the Owner and Construction Manager to (1) check conformance of the Work with the requirements of the Contract Documents and (2) verify the accuracy and completeness of the lists submitted by the Construction Manager and Contractors of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid each of the Contractors, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractors, through the Construction Manager: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractors under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner and Construction Manager to review the facility operations and performance. 20 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 14 ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The additional services listed in Exhibit C are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically selected by future addendum as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. Refer to Exhibit C Fee Schedule for list of Basic and Additional Services. § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect’s responsibility is provided below. (Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be included as an exhibit to describe the Architect’s Supplemental Services.) « See Exhibit C » § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) « » § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect’s Additional Services The Architect may provide Additional Services after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in the Project including size, quality, complexity, building systems, the Owner’s schedule or budget for Cost of the Work, constructability considerations, procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; .3 Services necessitated by enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the 21 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 15 building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner, Construction Manager or the Owner’s other consultants or contractors; .6 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for, and attendance at, a public presentation, meeting or hearing; .9 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Evaluation of the qualifications of entities providing bids or proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .12 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner’s determination. The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice: .1 Reviewing a Contractor’s submittal out of sequence from the Project submittal schedule approved by the Architect; .2 Responding to the Contractors’ requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractors from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of Contractors’ proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or .5 Evaluating substitutions proposed by the Owner, Construction Manager or Contractors and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: TBD upon addition of construction phase services by amendment .1 « » ( « » ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractors .2 « » ( » ) visits to the site by the Architect during construction .3 » ( « » ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 « » ( «» ) inspections for any portion of the Work to determine final completion § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work, or (2) the anticipated date of Substantial Completion identified in the Initial Information, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within « twenty-four» ( « 24 » ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. 22 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 16 ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services, duties and responsibilities as described in AIA Document C132–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Owner shall provide the Architect with a copy of the scope of services in the agreement executed between the Owner and the Construction Manager, and any subsequent modifications to the Construction Manager’s scope of services in the agreement. § 5.3 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect and the Construction Manager. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Contractors to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.6 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.7 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1. § 5.8 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. § 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope 23 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 17 of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.10 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.11 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.13 The Owner shall communicate with the Contractors and the Construction Manager’s consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner and Construction Manager shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. § 5.14 Before executing the Contracts for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contracts for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contractors to provide the Architect access to the Work wherever it is in preparation or progress. § 5.16 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work once provided may be adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. 24 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 18 § 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation, shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect’s revisions in the Construction Documents Phase shall be the limit of the Architect’s responsibility under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner’s budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractors, Construction Manager, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and Separate Contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. 25 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 19 § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232–2019, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, consultants, agents and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 Intentionally omitted – See Sec. 12.014 for Indemnification Obligations. § 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ « »]Arbitration pursuant to Section 8.3 of this Agreement 26 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 20 [ «X »]Litigation in a court of competent jurisdiction [ « »]Other: (Specify) « » If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common issues of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any 27 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 21 expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or if the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee: « N/A » .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: « N/A » § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, except for purposes of this Agreement, the term “Work” shall include the work of all Contractors under the administration of the Architect and Construction Manager. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for 28 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 22 the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, and including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: .1 Other (Describe the method of compensation) « The initial contract includes: Part 1: Conceptual/ Schematic Design Part 2: Support for the Land Use Application and review process Part 3: Design Development Part 4: Approval Documents-recordation support Part 5: Construction Documents 29 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 23 Progress billing, not to exceed phases 1-5,as described in attached Exhibit C Updated Fee Schedule provided the Owner notify the Architect of the selected option for each phase prior to the commencement of work. If, at the conclusion of “Part 1 Conceptual/Schematic Design” the scope of the project varies from that as described in Exhibit A by greater than 10%, the parties reserve the right to review and revise compensation total as stated above. Additional portions of work may be added as the project moves forward, by amendment: Part 6: Supporting the Building Permit Application Process Part 7: Construction Administration Part 8: Project Closeout and Warranty Support As described in attached Exhibit A Land and Shelter, Inc. Proposal dated December 14, 2021, and Exhibit B City of Aspen Request for Proposals 2021-239 Architecture & Engineering Design Team for the” Burlingame Childcare Center” dated October 22, 2021. » § 11.2 For the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) « Additional services may be added by written amendment » § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) « Additional services may be added by written amendment » § 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus « five » percent ( «5 » %), or as follows: (Insert amount of, or basis for computing, Architect’s consultants’ compensation for Supplemental or Additional Services.) « Refer to Updated Fee Schedule Exhibit C» § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Refer to Updated Fee Schedule Exhibit C for additional detail. The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. 30 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 24 § 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) « Refer to schedule of rates in attached Exhibit C Updated Fee Schedule» § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect’s consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and .12 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants as outlined in Exhibit C, Updated Fee Schedule. § 11.9 Architect’s Insurance If the types and limits of coverage required in Section 2.6 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.6, and for which the Owner shall reimburse the Architect.) « » § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of « » ($ «» ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of « » ($ « » ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect’s payments to the Certifying Authority shall be credited to the Owner’s account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid « forty five days » ( « 45 » ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. 31 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 25 (Insert rate of monthly or annual interest agreed upon.) « 3.25 » % « » § 11.10.2.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to Contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) « § 12.5 Tax-Exemption. All purchases of supplies, construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The Owner’s State of Colorado tax identification number is 98-04557. The Owner’s Federal Tax Identification Number is 84-6000563. § 12.6 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. Architect shall be, and shall perform as, an Independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the Owner. No agent, employee, or servant of Architect shall be, or shall be deemed to be, the employee, agent or servant of the Owner. Owner is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Architect. None of the benefits provided by Owner to its employees including, but not limited to, workers’ compensation insurance and unemployment insurance, are available from Owner to the employees, agents or servants of Architect. Architect shall be solely and entirely responsible for its acts and for the acts of Architect’s agents, employees, servants and consultants during the performance of this contract. Architect shall indemnify Owner 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 Architect and/or Architect’s employees engaged in the performance of the services agreed to herein. § 12.7 Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: Owner: City Manager City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 With a copy to: James R. True, Esq. City Attorney 427 Rio Grande Place Aspen, Colorado 81611 § 12.8 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. Architect agrees to meet all of the requirements of Owner’s municipal code, Section 13-98, pertaining to non-discrimination in employment. § 12.9 Waiver. The waiver by the Owner 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 32 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 26 waived except by the written consent of the Owner. Forbearance or indulgence by the Owner in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Architect to which the same may apply and, until complete performance by Architect of said term, covenant or condition, the Owner shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. § 12.10 Execution of Agreement by Owner. 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 Owner unless duly executed in accordance with the requirements of the Owner’s municipal code by the Mayor of the City of Aspen, or a duly authorized official in his absence, following approval of City Council. § 12.11 Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101 § 12.11.1 Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(III) as it relates to the employment of and contracting with a “worker without authorization” which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a Consultant who knowingly hires with a worker without authorization to perform work under the contract. The law also requires 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. § 12.11.2 Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established pursuant to Section 8-17.5- 102(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 5. “Worker without authorization” means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States § 12.11.3 By signing this document, Consultant certifies and represents that at this time: 1. Consultant shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and 2. Consultant has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not workers without authorization. § 12.11.4 Consultant hereby confirms that: 1. Consultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the 33 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 27 subconsultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Consultant shall not use the either the e-verify program or the department program procedures to undertake pre- employment screening of job applicants while the Public Contract for Services is being performed. § 12.11.5 If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Consultant shall: 1. Notify such subconsultant and the Owner within three days that Consultant has actual knowledge that the subconsultant is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsultant does not stop employing or contracting with the worker without authorization; except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with a worker without authorization. § 12.11.6 Consultant 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. § 12.11.7 If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant’s violation of Subsection 8- 17.5-102, C.R.S. §12.12 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. § 12.13 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. § 12.14 Indemnification Architect agrees to indemnify and hold harmless the City of Aspen, its officers, and employees from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, but only to the extent and for an amount represented by the degree or percentage of negligence, or fault of the Architect, any subcontractor of the Architect, or any officer, employee, representative, or agent of the Architect or of any subcontractor of the Architect, or which arises out of any workmen's compensation claim of any employee of the Architect or of any employee of any subcontractor of the Architect. The extent of the Architect’s obligation to indemnify or hold harmless any indemnity obligee may be determined only after the Architect’s liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the Architect and the indemnity obligee. The Architect’s duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. Nothing contained herein shall be construed or interpreted as denying to either party any remedy or defense available to such party under the laws of the State of Colorado, including the Colorado Governmental Immunity Act. The City of Aspen will indemnify, defend, and hold the Architect and its members, managers, officers, agents, and employees harmless against any claim, demand, damage, injury, cause of action, cost or expense (including but not limited to reasonable attorneys’ fees), judgments, or other liability of any nature whatsoever incurred in connection with the negligent or willful acts or omissions of the City of Aspen’s officers, employees, or agents in connection 34 AIA Document B132™– 2019.Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.This draft was produced by AIA software at 12:29:37 ET on 02/17/2022 under Order No.7357118434 which expires on 08/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents ®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes:(1145730617) 28 with the Project, provided that if the indemnity obligation stated above arises under circumstances in which the Architect also owes a duty to indemnify the City of Aspen under this Section 12.14, the City of Aspen’s indemnity shall also be prorated to reflect its percentage of fault in the same manner as Architect’s, above to the extent allowed by law. § 12.15 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. » ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B132™–2019, Standard Form Agreement Between Owner and Architect, Construction Manager as Adviser Edition .2 Exhibit A Land and Shelter, Inc. Proposal dated December 14, 2021 .3 Exhibit B City of Aspen Request for Proposals 2021-239 Architecture & Engineering Design Team for the “Burlingame Childcare Center” dated October 22. 2021. .4 Exhibit C Updated Fee Schedule « » This Agreement is entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) « »« »« Andrea Korber, Owner/Principal»« » (Printed name and title)(Printed name, title, and license number, if applicable) 35 CITY OF ASPEN - BURLINGAME CHILDCARE CENTER PROJECT #2021-239 DECEMBER 14, 2021 36 2 City of Aspen #2021-239 - Burlingame Childcare Center December 14, 2021 City of Aspen 130 South Galena Street Aspen, CO 81611 RE: Request for Proposals Project #2021-239 Architecture & Engineering Design Team for the Burlingame Childcare Center Dear Selection Committee: We are pleased to present a team that combines local knowledge, national early childhood design expertise, and a track record of successful teamwork. AFA&RDG frequently team on early learning research, as well as early childhood centers, and L+S adds a local record architect to that subject matter expertise. The AFA/RDG work allocation splits services into core and shell and sustainability (AFA) and interiors (RDG) following the strengths of the two fi rms. L+S will add the deep community roots needed to support the type of outreach demanded by Aspen and Burlingame in particular. We have put together the A team of local consultants to ensure a smooth land use and permitting process, including veterans: Sopris Engineering, DHM, Project Resource Studio, and Evolve – all frequent collaborators with Land+Shelter. This is the best team for a critical community project. A quality early childhood learning experience is an investment in our collective future. Alan Ford Architects has completed multiple, award-winning early childhood education centers. AFA co- founded the Early Childhood Education Design Conference, the only annual conference dedicated to best practices in the design of early learning environments for children ages six weeks to five years. Alan also published Designing the Sustainable School and A Sense of Entry, Designing the Welcoming School. RDG is recognized as a national leader in the design of early childhood environments having assisted over 50 organizations and communities across the U.S. in the development of their centers. Their team is dedicated to raising the bar for early education programs and design that support these programs. RDG strives to continually learn from their partners and experiences, paying forward the knowledge gained through planning, design, construction, research, and operations of high-quality environments for children, parents, and their communities. Land+Shelter is the go-to local firm for projects with complex community outreach and capitol campaigns. Nonprofits, schools, and municipalities have all sought L+S for our expertise navigating their difficult project goals. We work in partnership with these clients to bring together disparate stakeholders through challenging fundraising campaigns. Over the years, L+S has proudly hosted community input events, site walks, and drop-in table sessions. We’re excited to engage this fundamental community project. L+S/AFA/RDG brings together the experience, passion, and know-how to facilitate meaningful conversations and create a project that demonstrates the best of what early childhood education can be - engaging, sustainable, and community-connected. We would genuinely appreciate the opportunity to partner with you in the creation of this essential community need. Alan Ford, FAIA, A4LE, NCARB Principal, Alan Ford Architects 3457 Ringsby Court, #217 Denver, Colorado 80216 t 303.383.1111 aford@fordarch.com Edward M. Buglewicz, AIA Partner, RDG Planning & Design 1302 Howard Street Omaha, NE 68102 t 402.392.0133 ebuglewicz@rdgusa.com Andrea Korber AIA LEED AP Principal/Owner Land+Shelter, Inc. 16 N 4th Street Carbondale, CO 81623 t 970.963.0201 andi@landandshelter.com Sincerely, 37 3 PAGE 02 PAGE 05 PAGE 14 PAGE 18 PAGE 20 PAGE 32 PAGE 38 PAGE 41 PAGE 43 PAGE 46 PAGE 48 PAGE 52 Cover Letter TAB 5.1 QUALIFICATIONS 5.1.A Overview of the Firm/Team 5.1.B Relevant Team Experience 5.1.C Design Capabilities 5.1.D In-House Personnel Dedicated to the Project 5.1.E Consultants/Engineers TAB 5.2 PROPOSAL ELEMENTS 5.2.A Acknowledgment of Scope of Services 5.2.B Fee Worksheet 5.2.C Detailed Schedule 5.2.D Design Process Coordination/ Quality Control 5.2.E Additional Requirements APPENDIX Detailed Project Sheets 38 5.1 - QUALIFICATIONS39 5 City of Aspen #2021-239 - Burlingame Childcare Center 5.1.A OVERVIEW OF THE FIRM/TEAM 5.1.A 1) AIA Document B305 On the following pages in this section, please fi nd the qualifi cations of our Architect of Record, Land+Shelter, via AIA Document B305, Architect’s Qualifi cation Statement. 5.1.A 2) Firm’s Financial History Land+Shelter is not in the process of fi ling or has fi led bankruptcy within the last fi ve years or ever in the fi rm’s history. A letter from our fi rm’s fi nancial institutions is located at the end of this proposal section. Overview of Team Structure Our basic structure is AFA as Design Architect and L+S as Record Architect. AFA frequently teams with RDG and they work in tandem on the design, with RDG focusing on interiors and AFA focusing on the core and shell. Our relevant experience suits our roles on this team. Our team represents both specialization in early childcare design and veteran local community design. Perhaps more importantly, each of us is committed to applying that knowledge and experience to fi nding the right solution for the Burlingame Childcare Center. Throughout our time with you, we guarantee you will always have a consistent point of contact. Our Architect of Record, Andi Korber, is based in Carbondale and ECE Design Principal Alan Ford, based in Denver, will both be readily available to you as needed. As identifi ed in our cover letter, L+S and AFA are partnering with RDG Planning & Design; a national leader in early care and education environments. AFA and RDG have partnered previously on early childhood centers, and they share a common passion to elevate the importance of environments in child care settings and the infl uence these settings have on our communities’ youngest learners. AFA and L+S are working together on a recently awarded project in Basalt. This team’s consultants have a long track record of successful collaborations with L+S. L+S and AFA’s relationship was established more recently, while AFA and RDG have worked together for more than 8 years on numerous Early Childhood Design conferences. In addition to the conference AFA and RDG collaborated on the design of an early childhood center in Golden. AFA and RDG have 3 current projects active together with AFA as the architect of record. AFA and L+S have one current active project together. Local, experienced consultants Evolve Structural Design, Sopris Engineering, McDowell Engineering, Project Resource Studio, and DHM Design will provide structural, civil and survey, traffi c, community outreach, and landscape architecture services respectively. These local consultants will be joined by Denver metro-based fi rms, BranchPattern for mechanical/electrical/plumbing/technology design, Group14 Engineering for energy/daylight modeling and LEED certifi cation (if needed), and HydroSystems*KDI for irrigation design. Sturm Consulting, with over a decade of experience working with RDG for foodservice and kitchen design of early childhood facilities. 40 6 We feel that the L+S + AFA + RDG team is uniquely qualifi ed to bring an exceptional high performance facility to your Burlingame Childcare campus for the following reasons: • Andi Korber has provided her architectural skills and knowledge of this region to create sustainable, modern architecture that respects the land and enhances the community for commercial and educational clients. Land+Shelter’s extensive portfolio of work with municipalities and non-profi t boards is well suited to this project type. Andi has become a go to architect for project work requiring fundraising, with clients that include Town of Carbondale, Town of Basalt, Garfi eld County, Colorado State Extension, ACES, AVLT, and Colorado Mountain College. • Alan Ford co-founded the Early Childhood Education Design Conference - a conference for facility managers, ECE owners and operators, educators, and designers that focuses on best practices for designing early childhood facilities. This conference brings Early Childhood Education thought leaders from around the world to provide best practices education to design and construction professionals. To date fi ve conferences have been held featuring over 50 thought leaders representing a variety of expertise in how to design for learners 0 to 5. In addition AFA has designed multiple ECE projects applying best practices from their years of research. • Ed Buglewicz has spent nearly two decades working together with his RDG colleagues focused on the programming and design of over three dozen early educational facilities, annually serving over 6,200 children and their families across the United States, ranging from the forests of Maine to the arid deserts of Arizona. • Alan Ford Architects and RDG Planning & Design both have received numerous awards and recognition for the design of quality early learning environments. AFA’s Mapleton Early Childhood Learning Center was the recipient of nine local and national awards. We believe our combined knowledge and experience of the local community and a specialization on early childcare and education will be an asset to not only provide a high-quality environment to match your program, but will be valuable to achieving your desired programmatic goals. 41 7 City of Aspen #2021-239 - Burlingame Childcare Center Document B305™ – 2021 Architect’s Qualification Statement Init. / AIA Document B305TM – 2021. Copyright © 1963, 1979, 1993, and 2021 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was created on under the terms of AIA Documents on Demand® Order No. , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Documents-on-Demand – End User License Agreement. To report copyright violations, e-mail copyright@aia.org. 1 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. THE PARTIES SHOULD EXECUTE A SEPARATE CONFIDENTIALITY AGREEMENT IF THEY INTEND FOR ANY OF THE INFORMATION IN THIS B305-2021 TO BE HELD CONFIDENTIAL. SUBMITTED TO: (Insert organization name and address.) PROJECT: (Insert the name and address of the Project.) § 1 FIRM INFORMATION §1.1 Identify the full legal name of your firm. §1.2 Identify the address of your firm’s principal place of business and list all office locations out of which your firm conducts business. If your firm has multiple offices, you may attach an exhibit or refer to a website. §1.3 Identify the office out of which your firm proposes to perform services for the Project. §1.4 Primary contact: (Insert name, title, phone number, and email address.) §1.5 Firm Website. §1.6 General Statement of Qualifications. (Briefly describe your firm’s qualifications, such as your design philosophy or firm mission, and how those qualifications apply to the Project. Please limit your response to 200 words or less.) §1.7 Identify the legal status under which your firm does business, such as sole proprietorship, partnership, corporation, joint venture, or other. City of Aspen 130 South Galena Street Aspen, CO 81611 Burlingame Childcare Center, Project# 2021-239 Land+Shelter, Inc. S-Corp 16 North 4th Street, Carbondale, CO 81623 16 North 4th Street, Carbondale, CO 81623 Andrea Korber, Owner/Principal, 970-366-1582, andi@landandshelter.com www.landandshelter.com S-Corp We design and collaborate with our clients to create sustainable, modern architecture that respects the land and enhances our community. Land+Shelter provides an integration of architecture, sustainable design, owner’s representation, planning services, and community outreach – since 2005. Our mission and skillset is perfectly suited to create a sustainable, community-driven solution to much needed childcare and housing in our valley. 12/09/2021 15:09:27 2114269318 42 8 Init. / AIA Document B305TM – 2021. Copyright © 1963, 1979, 1993, and 2021 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was created on under the terms of AIA Documents on Demand® Order No. , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Documents-on-Demand – End User License Agreement. To report copyright violations, e-mail copyright@aia.org. 2 .1 If your firm is a sole proprietorship, identify its owner and date of organization. .2 If your firm is a partnership, identify the type, its partners, and its date of organization. .3 If your firm is a corporation, identify the type, the state in which it is incorporated, the date of incorporation, and its four highest-ranking corporate officers and their titles, as applicable. .4 If your firm’s legal status is other than those listed above, describe it and identify its individual leaders. §1.8 Identify the number of years your firm has been in business and any other significant information pertaining to your firm’s history. §1.9 How many full-time employees work for your firm? .1 If your firm has multiple offices, how many total full-time employees work in the primary office from which services will be performed on the Project? §1.10 How many full-time registered architects work for your firm? .1 If your firm has multiple offices, how many total full-time registered architects work in the primary office from which services will be performed on the Project? §1.11 Identify relevant honors and awards your firm has received. (Please limit your response to five honors and awards and a brief description of each in the prompt below. You may attach materials or a brochure to supplement the information provided below.) §1.12 Describe your firm’s professional and civic involvement. NA NA S-Corp, Incorporated in Colorado 2005 One partner, Andrea Korber, President, owns 100% of the stock. NA All employees work primarily from home, but 3 employees use the Carbondale space on occasion All employees work from home, 1 FT registered employee uses Carbondale space on occasion 7 3 We offer paid time off for community involvement and provide frequent pro-bono services. Andrea Korber volunteers for CORE and for Pitkin County. She also volunteered as part of the Carbondale Public Arts Commission and as a board member for the KDNK Community Access Radio Station. Taylor Higgins volunteers for AIA Colorado and Andrea Duroux volunteers for the roaring fork chapter of the USGBC. 16 years. Former partners include Gavin Brooke and Jeffrey Ellis. Both voluntarily left on good terms to pursue different career paths. Best of Houzz 2016 Client Satisfaction Locals Choice for Best Architecture Firm in Roaring Fork Magazine 2019 12/09/2021 15:09:27 2114269318 43 9 City of Aspen #2021-239 - Burlingame Childcare Center Init. / AIA Document B305TM – 2021. Copyright © 1963, 1979, 1993, and 2021 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was created on under the terms of AIA Documents on Demand® Order No. , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Documents-on-Demand – End User License Agreement. To report copyright violations, e-mail copyright@aia.org. 3 § 1.13 Indicate whether your firm is certified as a governmentally recognized special business class, such as a minority business enterprise, woman business enterprise, service-disabled veteran owned small business, or a small disadvantaged business. For each, identify the certifying authority and indicate jurisdictions to which such certification applies. § 1.14 Does your firm currently carry professional liability insurance? (Insert yes or no.) § 1.15 Are there any pending or outstanding judgments, arbitration proceedings, or lawsuits against your firm, its parent, or a subsidiary, affiliate, or other entity having common ownership or management, in which the amount in dispute is more than $75,000? (If the answer is yes, provide an explanation.) § 1.16 In the last five years, has your firm, its parent, or a subsidiary, affiliate, or other entity having common ownership or management; (1) failed to complete services awarded to it; (2) been terminated for any reason except for an owner’s convenience; (3) had any judgments, settlements, or awards against it pertaining to professional services resulting in payment of sums in excess of $75,000 or (4) filed any lawsuits or requested arbitration regarding a construction project or design services, (5) been convicted of, or indicted for, a business-related crime, or (6) had any business or professional license subjected to disciplinary action that resulted in a suspension or revocation of a license? (If the answer to any of the above is yes, provide an explanation.) § 2 CAPABILITIES § 2.1 Identify design services that your firm is capable of providing, such as programming; interior design; furniture, furnishings, and equipment design and selection; master planning; regional or urban planning; or historic preservation. § 2.2 Identify other design disciplines that your firm is capable of providing, such as structural engineering, mechanical engineering, electrical engineering, landscape architecture, facility management, or commissioning. § 2.3 Describe your firm’s experience with sustainable design, including areas of expertise and certifications achieved on past projects. § 2.4 Does your firm use building information modeling (BIM)? If so, describe how your firm uses BIM and identify BIM software that your firm regularly uses. 12/09/2021 15:09:27 2114269318 Yes No No Architecture; Interior Design; Furniture, Fixtures, & Equipment We have expertise in natural building materials such as strawbale. We have and continue to pursue net-zero projects. We have registered and tracked LEED system points for projects though non of them went through final certification for reasons of owner's convenience. We have registered a Living Building Challenge project but did not pursue certification due to budget constraints. We use Revit and share 3D models in the cloud with our sub consultants. 44 10 Init. / AIA Document B305TM – 2021. Copyright © 1963, 1979, 1993, and 2021 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was created on under the terms of AIA Documents on Demand® Order No. , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Documents-on-Demand – End User License Agreement. To report copyright violations, e-mail copyright@aia.org. 4 §2.5 List other software programs, in addition to those identified in Section 2.4 that your firm uses in the design process. §2.6 Briefly describe your firm’s approach to quality management. §2.7 Identify additional accreditations, services, skills, or personnel that you believe differentiate your firm. § 3 PROJECT DESIGN TEAM §3.1 List design disciplines your firm will provide for the Project using its own employees. §3.2 List design disciplines your firm will provide for the Project using consultants. § 4 PROJECT PERSONNEL §4.1 Identify the licensed professional and registration number under which architectural services will be performed on the Project. §4.2 List key personnel from your firm who will be meaningfully involved in providing professional services on this Project. Include each person’s position on the Project team, office location, proposed role, and experience on similar projects. §5 REFERENCES §5.1 Identify three client references: (Insert name, organization, project name(s), and contact information.) §5.2 Identify three contractor references: (Insert name, organization, project name(s), and contact information.) 12/09/2021 15:09:27 2114269318 Ryan Larkin, Larkin Construction, AVLT office, ACES Rock Bottom Ranch and Erickson Residence, 303-898-2704 Andy Braudis, Terralink Construction, West Smuggler Residence and True Nature, 970-379-3741 John Maas, InPlace LTD, Bookbinders, WJWJ Residence, Triple M Ranch, 970-618-2580 Structural engineering; landscape architecture; civil engineering; mechanical , electrical, and plumbing engineering; acoustic design; energy modeling Andrea Korber, Architect of Record, Principal in Charge, Carbondale, record architect for several similarly sized recent commercial projects. Taylor Higgins, Project Architect, Parker, management, some production, and coordination of consultants. This has been her role on several projects of this size, including affordable housing. Luke Keeble, Job Captain, mainly production, some consultant management, his role on similar projects. Architecture Land+Shelter has deep community roots. We founded our firm in a shared studio space with local artists, and regularly held art openings for the first decade of our existence. From that springboard we have provided design assistence for discounted and pro-bono rates to non-profits from Rifle to Aspen. We are grounded in the Roaring Fork Valley, which we love and support as active community participants. Dan Richardson, Ascendigo Autism Services, Ascendigo Ranch, 970-379-3414 Carla Farrand, CSU Extension, Garfield County Education Center, 970-319-9377 Heather Grant, Rifle Animal Shelter, Rifle Animal Shelter, 970-618-3279 We pause and review one another's work to ensure a set of fresh eyes on work before it goes out the door. Specifically, we create a shared document that is reviewed by 3 people. The original creator or draftsperson, plus two others, typically a project manager and principal. We use SketchUp, InDesign, Photoshop, Bluebeam Revu, and Lumion. Andrea Korber, CO Registered Architect 401268 45 11 City of Aspen #2021-239 - Burlingame Childcare Center Init. / AIA Document B305TM – 2021. Copyright © 1963, 1979, 1993, and 2021 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was created on under the terms of AIA Documents on Demand® Order No. , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Documents-on-Demand – End User License Agreement. To report copyright violations, e-mail copyright@aia.org. 5 § 6 REPRESENTATIVE PROJECTS List five of your firm’s projects below, either completed or in progress, that are representative of your firm’s experience and capabilities. If a Project is identified on page 1, include representative projects that are relevant to the Project. You may attach materials, such as photographs or renderings, to supplement the information provided below. Representative Project #1 Project Name: Owner: Brief Description: Project Delivery Method: Size: Construction Cost: Completion Date: Contractor/Construction Manager: Representative Project #2 Project Name: Owner: Brief Description: Project Delivery Method: Size: Construction Cost: Completion Date: Contractor/Construction Manager: Representative Project #3 Project Name: Owner: Brief Description: Project Delivery Method: Size: Construction Cost: 12/09/2021 15:09:27 2114269318 True Nature Healing Arts Kiva, True Nature Healing Arts Center Eaden Shantay CMGC 4000sf and 1500sf $6 million May 2018 Keith Brand, Terralink (succeeded by Andy Braudis, Terralink) Record architect for a spa/spiritual center Kiva. Design and record services for a remodel and expansion of an existing building on the spa campus. Journey Home Animal Care Center Heather Grant, Executive Director of Rifle Animal Shelter CMGC 12000sf $2 million December 2021 Jeff Parrington, Tally Ho Construction New construction of a 12,000 animal shelter and veterinary clinic with a volunteer training classroom and staff office spaces. ACES Rock Bottom Ranch Education Center ACES, Christy Mahon, Development Director GMGC 2000sf $150,000 An addition and remodel to the Education Center at Rock Bottom Ranch 46 12 Init. / AIA Document B305TM – 2021. Copyright © 1963, 1979, 1993, and 2021 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was created on under the terms of AIA Documents on Demand® Order No. , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Documents-on-Demand – End User License Agreement. To report copyright violations, e-mail copyright@aia.org. 6 Completion Date: Contractor/Construction Manager: Representative Project #4 Name: Owner: Brief Description: Project Delivery Method: Size: Construction Cost: Completion Date: Contractor/Construction Manager: Representative Project #5 Project Name: Owner: Brief Description: Project Delivery Method: Size: Construction Cost: Completion Date: Contractor/Construction Manager: § 7 ATTACHED DOCUMENTS AND ADDITIONAL INFORMATION (If attachments are provided, list them here.) ARCHITECT’S REPRESENTATION I hereby represent that, to the best of my knowledge, the information provided in this Architect's Qualification Statement is true and accurate as of the date below. Signature Date Printed Name and Title 12/09/2021 15:09:27 2114269318 2017 Ryan Larkin, Larkin Construction Garfield County Education Center Garfield County, Scott Henrikson Design Bid Build 12000sf $3 million Ongoing TBD An extensive adaptive reuse of an existing feed warehouse, transforming it into a educational center for CSU extension and the local 4H club, including building in a floor to divide the existing warehouse into a two story space. Third Street Center Colin Laird, Executive Director Design-Bid-Build 45,000sf $2.8 million 2010 Hans Raaflaub, B&H Construction Adaptive reuse of an elementary school to a center for non-profits, plus a variety of tenant finishes in the building once it was complete. Andrea Korber, Owner/Principal 12/9/2021 47 13 City of Aspen #2021-239 - Burlingame Childcare Center 48 14 5.1.B RELEVANT TEAM EXPERIENCE TEAM QUALIFICATIONS This team’s relevant experience is summed up as: RDG has programmed and designed over 50 early childhood education (ECE) centers. AFA co-founded a conference to advance the fi eld of sustainable ECE design, in addition to completing several ECE’s as architect of record. L+S is a local fi rm with a combination of sustainable, high alpine, and municipal work, focusing on community building projects. This team brings together the exact relevant experience required for the success of this project. The projects we have chosen to highlight include the following and additional information about each can be found in the APPENDIX at the end of this document: ASCENDIGO RANCH (new construction)Garfi eld County, Colorado Client: Ascendigo Autism Services Project Completion: Landuse Proposal Project Size: 45,500 S.F. Project Budget: TBD Owner Contact: Dan Richardson, Ascendigo Autism Services 970.379.3414 Design Architect: Land+Shelter Architect of Record: Land+Shelter GC: Ken Janckila, Janckila Construction 970.927.3143 JOURNEY HOME ANIMAL CARE CENTER (new construction)Rifl e, Colorado Client: Rifl e Animal Shelter Board Project Completion: In Development Project Size: 12,000 S.F. Project Budget: $1.7 M Owner Contact: Heather Grant, Executive Director 970.625.8808 Design Architect: Land+Shelter Architect of Record: Land+Shelter GC: Jeff & Katie Parrington, Tally Ho Construction, 970.625.0208 GARFIELD COUNTY EDUCATION CENTER (repurpose/renovation)Rifl e, Colorado Client: Board of County Commissioners of Garfi eld County Project Completion: In Development Project Size: 12,000 S.F. Project Budget: $2.7 M Owner Contact: Carla Farrand, CSU 970.625.3969 Design Architect: Land+Shelter Architect of Record: Land+Shelter GC: TBD 49 MULTI-FAMILY MIXED USE (new construction)Carbondale, Colorado Client: Eastwood Developments, Inc. Project Completion: currently in SD Project Size: 50,000 S.F. Project Budget: $20 M Owner Contact: Rob Cairncross, Eastwood Developments, Inc., 970.618.6722 Design Architect: 359 Design Architect of Record: Land+Shelter GC: TBD TRUE NATURE HEALING ARTS (new construction)Carbondale, Colorado Project Completion: 2018 Contact : Eaden Shantay, Owner 970.361.2195 Project Size: 4,000 S.F. Project Budget: $6 Mil Design Architect: Lea Sisson Architect Architect of Record: Land + Shelter GC: Andy Braudis, Terralink Structures, 970.379.3741 ACES ROCK BOTTOM RANCH EDUCATION CENTER (renovation/addition) Basalt, Colorado Project Size: 2,000sf Project Completion: 2017 Project Cost: $150,000 Owner Contact: Christy Mahon, Development Director 970.309.6262 Design Architect: Land+Shelter Architect Of Record: Land+Shelter GC: N/A MAPLETON EARLY CHILDHOOD CENTER (renovation/addition) Boulder, Colorado Completion Date: July 2013 Total Square Footage: 21,000 Sf Cost: $5,000,000 Design Architect: Alan Ford Architects Architect of Record: afa + RTA, LLC (Alan Ford Architects/RTA Architects) Owner Contact: Glen Segrue, Project Manager, Boulder Valley School Dis-trict, t 720.561.5794, glen.segrue@bvsd.org GC CONTACT: Will Valkner, (formerly with Adolfson & Peterson Construction), 303.741.6116 STANLEY OPENAIR ACADEMY (renovation/addition)Aurora, Colorado Completion Date: November 2016 Total Square Footage: 8,000 Sf Cost: $750,000 Owner Contact: Heather Eversley, Co-Founder, OPENair Academy, 303.717.3262, heather@clifton-eversley.com Design Architect: Alan Ford Architects Architect Of Record: Alan Ford Architects GC Contact: Chris Haugen, White Construction Group, 303.688.6924x4741 50 16 ECE DESIGN CONFERENCES / ECE DESIGN PRACTICES-CASE STUDYDenver, Colorado (conceptual design) Duration: 2012-2018 Size: 18,850 SF (case study) Cost: $12 M (estimated) Design Architect: Alan Ford Architects & RDG Architects Architect of Record: Alan Ford Architects Owner Contact: confi dential GC: N/A Community Play: Fosters community and sense of place Vision Windows: Biophilic Design (Connection to Nature) Retre Prospect & Refu scaled to the ch and gh- ool Intelligent Operable Windows: Integrated with mechanical/ventilation Clear Site Lines: For Safety and Security SHELTERING ARMS EARLY EDUCATION & FAMILY CENTER (new construction) Atlanta, Georgia Completion Date: September 2017 Construction Costs: $7,164,350 Size: 27,050 SF building, 2.0 acres site, 17,150 SF playground Architect of Record: RDG Design Architect: RDG Owner Contact: Blythe Robinson, President & CEO, Sheltering Arms, 404.523.2767, brobinson@shelteringarmsforkids.com GC: Reed Weigle, Division Manager, Brasfield & Gorrie, 678.581.6560, rweigle@ BrasfieldGorrie.com EARLY LEARNING CENTER - GATEWAY (new construction) Omaha, Nebraska Completion Date: December 2015 Construction Costs: $7,230,000 Size: 27,200 SF building, 21,200 SF playground, 3.8 Acres site Architect of Record: RDG Design Architect: RDG Owner Contact: Gladys Haynes, Director-Nebraska Initiatives, Buffett Early Childhood Fund, 402.541.44707, gh@buffettearly.org GC: David Cavlovic, Sampson Construction, 402.827.5600, davidc@sampson-construction.com BLUE SPRUCE HABITAT FOR HUMANITY DUPLEXKittredge, Colorado (new construction) Completion Date: 2014 Size: 2,500 SF (1,250 SF/unit) Cost: $306,000 Design Architect: Alan Ford Architects Architect of Record: Alan Ford Architects Owner Contact: Kathleen O’Leary, Executive Director, Blue Spruce Habitat for Hu- manity, 303.674.1127 ext. 1, koleary@bluesprucehabitat.org GC: Tony Cingoranelli, Adolfson & Peterson Construction, 303.363.7101 51 17 City of Aspen #2021-239 - Burlingame Childcare Center THE FRANKLIN SCHOOL (new construction) Spartenburg, SC Completion Date: November 2018 Construction Costs: $8,409,379 Size: 27,200 SF building, 21,200 SF playground, 3.8 Acres site Architect of Record: RDG Design Architect: RDG Owner Contact: Molly Talbot-Metz, President, Mary-Black Foundation, 864.573.9500, metz@maryblackfoundation.org GC: Hootie Solesbee, Harper General Contractor, 864.398.4701, Solesbee@HarperGC.com EARLY LEARNING CENTER - SKINNER (new construction) Omaha, Nebraska Completion Date: December 2015 Construction Costs: $6,450,000 Size: 26,350 SF building, 21,100 SF playground, 2.4 Acres site Architect of Record: RDG Design Architect: RDG Owner Contact: Gladys Haynes, Director-Nebraska Initiatives, Buffett Early Childhood Fund, 402.541.44707, gh@buffettearly.org GC: David Cavlovic, Sampson Construction, 402.827.5600, davidc@sampson-construction.com UNIVERSITY OF NEBRASKA KEARNEY - EARLY CHILDHOOD EDUCATION CENTER (new construction) Kearney, Nebraska Completion Date: December 2019 Construction Costs: $5,330,450 Size: 19,900 SF building, 20,800 SF playground, 2.3 acres site Architect of Record: RDG Design Architect: RDG Owner Contact: Alan Wedige, Campus Architect, Facilities Management & Planning, University of Nebraska-Kearney 308.240.0473, awedige@nebraska.edu GC: Scott Lockhard, Hampton Enterprises, 402.489.8858, slockhard@hampton1.com PORTER-LEATH EARLY CHILDHOOD ACADEMY - FRAYSER (new construction) Memphis, Tennessee Completion Date: June 2021 Construction Costs: $10,229,880 Size: 35,415 SF building, 48,070 SF playground, 6.5 acres site Architect of Record: RDG Design Architect: RDG Owner Contact: Sean Lee, President, Porter-Leath, 901.577.2500. slee@porterleath.com GC: Logan Rogers, Flintco, LLC, 901.612.2885, logan.rogers@flintco.com 52 18 5.1.C DESIGN CAPABILITIES OVERALL DESIGN CAPABILITIES Conceptual/Schematic - Team lead on this phase will be Alan Ford. Alan’s a thought leader in the typology of ECE and the author of Sustainable Schools, and the Welcoming School. We will apply his unique strengths to this critical phase of work. His frequent collaborator of sustainable school design - Branch Pattern and Group 14, will also ensure that energy use is at the forefront of our consideration from day 1. Local teammates Kathleen Wanatowicz and Mavis Fitzgerald from Project Resource Studio will take the lead on the community outreach. With their track record of successful projects in Aspen, these two can hit the ground running as we seek to defi ne and develop the stakeholders necessary to project success. Their longstanding City relationships will allow us to jump start this process. Support for Land Use Application and Review Process - Local architect Andi Korber will be the team lead on this phase as we navigate the likely PD amendment for Burlingame. Land+Shelter has provided architecture and planning services since it’s inception and Andi has successfully led or supported complex land use approvals for past clients. Consultants Sopris Engineering and DHM are also local companies on the civil and landscape architecture side, whose experience with similar approvals in Aspen mean the documentation will be correct and complete the fi rst time. Sopris Engineering is currently working on Burlingame and DHM recently led the preliminary phase of the Aspen Lumberyard affordable housing development. DHM’s work included community outreach and planning to address housing needs, neighborhood/contextual analysis, opportunities/constraints, land planning/zoning analysis, master planning alternatives, and technical studies. The team worked closely with the City to host multiple community in-person and virtual events to understand community priorities and preferences. 53 19 City of Aspen #2021-239 - Burlingame Childcare Center Design Development - Alan Ford Architects as design architect continues to lead the team through DD, with growing critical support from Ed Bugliwicz and RDG at this phase where building layout and systems integration will call upon the dozens of ECE’s that RDG has completed over the years. Their facile design skills will allow us to manipulate options for classroom and support spaces that have worked with similar client types. It’s that ease and familiarity with the type that sets our team apart. Approval Documents/Recordation - We again look to the local civil, landscape, and record architect to call on local experience and provide correct and complete approval documentation and recordation support. Jesse Swan, our civil engineering lead, with Sopris Engineering is currently working on Burlingame Phase II and completed Burlingame Phase I. Jesse’s depth of knowledge as a principal of a civil and surveying company familiar with the site is valuable to any project, but especially this one. Construction Documents, Support for Permit Application Process - Land+Shelter will take the lead on documentation for CD’s and permitting supported by RDG and AFA. L+S’s experience providing mountain appropriate detailing and documentation will be rounded out and supported by the experience in ECE design represented by RDG and AFA. Again the consultant team is primarily locals who are familiar with the requirements to build in the mountains and specifi cally in Aspen. These consultants have also worked frequently with record Architect L+S, and have a familiarity and short hand that supports effi ciency. Land+Shelter has frequently collaborated with Evolve Structural Design on both commercial and residential projects, and we often fi nd ways to reduce cost and deliver sustainable solutions for budget driven projects like the Rifl e Animal Shelter. Construction Administration, Closeout/Warranty - Land+Shelter, along with local consultants DHM, Sopris Engineering, and Evolve will take the lead on site visits and local observation work required for CA, Closeout, and Warranty period - supported by more offi ce oriented review tasks assigned as appropriate to RDG, AFA, and Branch Pattern. 54 20 5.1.D IN-HOUSE PERSONNEL PERSONNEL DEDICATED TO THE PROJECT Land+Shelter’s team includes Andrea Korber, Taylor Higgins, and Luke Keeble. • Andrea is principal in charge and architect of record reviewing and stamping the work. Andrea’s rate is the Principal rate on our fee spreadsheet. Andrea typically works 4-10 hours per week on similar projects. On occasion, for a week with a heavy amount of public meeting, that number can increase to 20. • Taylor Higgins is project architect/project manager (also a licensed architect). She is billed at the Project Manager rate. Taylor will be coordinating with consultants and leading the documentation work in house. Taylor will start at 2-8 hours/week during conceptual, increase to 4-16 hours/week during DD, and ramp up to 40 hours/week during the height of production during CD.During CA, hours vary, but we anticipate 4 hours/week. • Luke Keeble is the job captain supporting the production work. Luke is billed at what the spreadsheet lists as the “Associate” rate. Luke will start during DD at 4-16 hours/week and ramp up to 40 hours/week during the height of production during CD. During CA, hours vary, but we anticipate 1-8 hours/week. L+S has additional staff available should they be needed for production work towards deadlines, but this dedicated team of three will carry out the bulk of the work. Andrea, Taylor, and Luke work together in this way on past projects and bring an experienced process to the role of record architect responsibilities. Andrea will work to collaborate with Alan in the front end of the project, and then take over as the lead in later phases of work where the record architect leads the team. Alan Ford Architect’s team includes Alan Ford and Tyler Michieli. • Alan Ford is an ECE -12 educational specialist with a special focus on the application of research based practices particularly for early learners. He is the author of the internationally realized book “Designing the Sustainable School”. Alan also brings deep experience in programming and planning. Alan will bring his expertise in applied research to the programming through design development phases of the project. He will head up the programming phase in collaboration with RDG and Land + Shelter. Additionally Alan will be the lead person on sustainable solutions for the project working closely with Group 14 Engineering. During the programming phase Alan will contribute 20 to 30 hours per week and 15 to 20 hours per week during schematic design. During design development Alan’s contribution will be on the order of 10 hours per week. Alan’s rate is the principal rate on our fee spreadsheet. • Tyler Michieli is a senior architect and project manager who focuses on the technical aspects of translating the design into a deliverable documents package. During early design and programming Tyler will focus on code and licensing requirement issues as well as site development concerns such as zoning codes, traffi c studies, and utilities, anticipating 8hrs a week. During the design phase Tyler will lead the efforts to integrate the architectural 55 21 City of Aspen #2021-239 - Burlingame Childcare Center design with the necessary systems designs of structural, mechanical, plumbing, and other minor systems at approximately 16hrs a week. For fi nal documentation and construction administration Tyler will provide quality control reviews and technical guidance to facilitate the design vision becoming a reality; approx. 4-8hrs a week. Tyler’s rate is the manager rate on our fee spreadsheet. RDG’s primary team includes Ed Buglewicz and Molly Haas. • Ed is a subject matter expert in early care and education programs and the environments that support these programs. He will contribute to the programming and conceptual development with AFA, and oversee the preparation of the interior plans and details during DD and CD phases. Ed will typically contribute 8-14 hours per week during these design phases, occasionally extending up to 20 hours per week to assist with important meetings and milestones. Ed’s rate is the ‘Principal’ rate on our fee spreadsheet. • Molly Haas is an experienced designer and licensed architect with focus on ECE projects the past 4 years. Molly will be assisting Ed and AFA on the development of the interior plans and details. She will start at 2-4 hours per week during conceptual phase, and increase to 14-20 hours per week during DD, and CD phases. Molly’s involvement during CA will be more limited, anticipating an equivalent of 1 hour/week. Molly is billed at the ‘Senior” rate. RDG’s Early Learning Studio has staff available with parallel knowledge on your project type should they be needed to support the team on the completion of the design deliverables. RDG and AFA have an established process of working together in similar roles of project delivery that will provide effective development of the design goals for this project. 56 22 AIA, LEED AP, PRINCIPAL Bachelor of Arts, Dartmouth College 1998 Master of Architecture, Harvard Graduate School of Design 2002 CARBONDALE PUBLIC OUTREACH The Town of Carbondale has hired Andrea twice to lead public outreach campaigns on public planning issues. First, Andrea lead a community outreach program around the Third Street improvement project, and second Andrea lead a community input process on pedestrian safety Outreach Client: Janet Buck: GC: N/A. THIRD STREET CENTER Land+Shelter brought together the Roaring Fork School District, The Town of Carbondale, and dozens of local non-profi ts in an effort to create a much-needed affordable building for non- profi ts. Andrea helped transform this tired building into a vibrant community center. In addition to Land+Shelter’s fi nancial and planning role, L+S became the Owner’s Rep for the Third Street Center board, overseeing all contracts from inception to completion. Owner: Colin Laird ED 970.309.2053; GC: Hans Raafl aub (retired) at B&H General Contractors 970.945.0102 GARFIELD COUNTY EDUCATION CENTER Andrea was the lead architect for this net-zero energy, adaptive reuse project which transforms a feed warehouse into a makerspace and fl exible 4H education facility. Her experience with youth organizations and sustainable building practices helped the Net-Zero ready project meet the unspoken needs of its users. The Garfi eld County Education Center will house the Western Colorado 4H club along with classrooms for Colorado State University extension programs, and Garfi eld County fairgrounds. Owner: Carla Farrand, CSU 970.625.3969; GC: N/A ABOUT ANDREA: Andrea’s 19 years of experience, 12 of which with Land+Shelter, comprise a broad background including residential, commercial, and institutional work. Andrea takes pride in the deep community ties forged through projects like the Third Street Center and True Nature Healing Arts. Throughout her early career, Andrea taught architecture while practicing – fi rst at the Harvard Design School Career Discovery Program and later at the Georgia Tech College of Architecture. She is passionate about the power of design to create a better world. She is an avid skier and pursues her own fi ne art projects outside of the offi ce. IN THE COMMUNITY: Andrea serves on the annual Udall Grant committee for CORE and has volunteered with Pitkin County on the 2019 code revision task force. Andrea recently stepped down as the president of the KDNK community radio station board. She is a past member of CPAC (Carbondale Public Arts Commission), former board member for the American Institute of Architects (AIA) Atlanta Chapter, and the Atlanta Housing And Neighborhood Developers (AHAND) Affordable Housing Policy Advocacy Team. ANDREA KORBER Land+Shelter SELECT PROJECTS: ASCENDIGO RANCH ADVENTURE CAMP Andrea is the lead architect on a new campus for Ascendigo Autism Services. This work in progress includes exciting goals for model energy approach for a new campus in Western Colorado. Andrea worked with staff from all departments within the Ascendigo organization to develop their novel program and translate their groundbreaking work into architecture that is tailored to the needs of individuals on the Autism spectrum. Owner: Dan Richardson at Ascendigo Autism Services 970.927.3143; GC: Ken Janckila at Jankila Construction Inc 970.927.6714 57 23 City of Aspen #2021-239 - Burlingame Childcare Center ADDITIONAL PROJECTS: • Bookbinders Bookstore, Basalt, CO • Eagle’s Rise, Pitkin County, CO • Wilderness Workshop Offi ces, Carbondale, CO • SGM Offi ce Remodel, Glenwood Springs, CO • Rifl e Animal Shelter, Rifl e, CO • EPA Case Study, Atlanta, GA • Outpost Bali Co-working Space, Ubud, Bali •Aspen Skiing Company Ticket Offi ce, Basalt, CO •Turnabout Ranch, Pitkin County, CO •Osmia Organics, Carbondale, CO •ACES, Rock Bottom Ranch Education Center Remodel, Eagle County, CO •WJWJ Ranch, Various Projects, Eagle and Pitkin County, CO •Third Street Center, with Energy & Sustainable Design, Carbondale, CO •Eastwood 133 Self Storage Facility, Carbondale, CO •Carbondale Mixed Use Multifamily, Carbondale, CO •Various Residential Projects from Moab to Aspen •Taylor&Tessier Jewelry Retail Store, Carbondale, CO •Sopris Engineering Exterior Remodel, Carbondale, CO •Abundant Acres Ranch, Pitkin County, CO •Bookbinders Bookstore, Basalt, CO •Three B’s Bakery, Carbondale, CO ANDREA KORBER Land+Shelter TRUE NATURE KIVA SPA  RECORD ARCHITECT Andrea was hired to resolve a challenging project delivery for a downtown Carbondale retreat, restaurant, boutique, and spa. The True Nature Kiva-Spa was designed by design architect Lea Sisson. The owner and contractor decided to go with the dependable crew at Land+Shelter, lead by Andrea Korber, in order to steer this complex project to success. Owner: Eaden Shantay 970.361.2195 GC: Terralink Construction, Keith Brand 970.379.8002 & Andy Braudis 970.379.3741 ASPEN VALLEY LAND TRUST Andrea worked with long time colleagues at AVLT to design their headquarters in Carbondale, Colorado. The gut remodel included a playful garage door design to create a fl exible open conference area and a small room was created as a “telephone booth” for privacy needs in the open offi ce area. Owner: Melissa Sumera 970.963.8440; GC: Ryan Larkin at Larking Construction 303.898.2704 58 24 MISSION PLUMBING HEATING AND COOLING CORPORATE OFFICE An existing offi ce building located in downtown Shawnee, Kansas was dated and broken into small tenant spaces. The Mission Heating and Cooling company acquired the building and hired framework design to reimagine the building and the interior space as their new corporate offi ce. Taylor was the lead architect for the project which included coordinating with the client and consultants to create the drawings and specifi cations for permit and construction. The program included reception, secure individual offi ces, conference space, offi ce support spaces like printing and break rooms, training assembly space and a new stairwell to connect the lower and main fl oors of the previously divided building. Owner: Matt Hugunin - 913.963.3098/GC - coord by owner WOODMANARLETA LIHTC PROJECT  C&S DESIGN AND ENGINEERING Taylor was the project architect for C&S Design and Engineering in the redevelopment of two existing apartment complexes located in Los Angeles, California. A total of 104 units were renovated as part of this affordable housing project along with new community buildings that included laundry and administrative facilities. The sites were also developed to include ADA accessible paths, mailboxes, gardens and parking. These projects required signifi cant coordination with the city of LA for multiple permits, the HUD consultant for drawing review and corrections for the HUD drawing submittal and multiple design consultants. Owner: SDG Housing - 310.321.7862/GC: TBD (owner coord builder RFP) ACOMA COMMUNITY DEVELOPMENT LIHTC PROJECT  TRAVOIS ARCHITECTS Multi-family townhomes with a community center and outdoor community space Taylor was the project designer and architect for Travois in this new multi-family development located on the Pueblo of Acoma Indian Reservation in New Mexico. She designed and produced construction documents for three buildings which included 32 town home units, a central community building, an outdoor lawn, park and basketball court and parking for the development. Affordable housing projects are complex and are heavily reliant on strong organization and coordination skills. She coordinated the Pueblo of Acoma Housing Authority, the fi nancial investor, the tax credit consultants, the engineers and the contractor for comprehensive project management. Owner: PAHA (Pueblo of Acoma Housing Authority) - 505.552.7528/GC: Pavilion Construction - 505.346.0085 ABOUT TAYLOR: Taylor has worked in the profession for the last decade on a range of commercial and residential projects. In her 8+ years of affordable housing experience she has gained in depth knowledge of building codes, ADA accessibility guidelines and the Enterprise Green Community program. She has become adept at project management and working with clients from the early design stage through construction administration. In her time outside of the offi ce, she is likely tackling a DIY project at home, out in the garden or baking something. IN THE COMMUNITY: Taylor serves many roles in the Denver area. Taylor is a member of the AIA Denver Chapter, an associate member of ULI Denver, and has experience in Design/Build renovation projects. She volunteers with Denver AIA on the Committee for the Environment, a group that works to make an impact in the Colorado design community advocating for sustainable practices. She is a registered Architect in the State of Missouri, Kansas, and Colorado where she has served as an ICC residential building, plumbing, and mechanical inspector. TAYLOR HIGGINS Land+Shelter SELECT PROJECTS: AIA, NCARB, ARCHITECT Master of Architecture, Kansas State University 2012 SECOND BEST COFFEE A small coffee startup was looking for a new hip location in south Kansas City and they hired framework design to bring their vision to life. Taylor was the lead designer for this coffee shop, which included a small kitchen, a coffee production space, retail counter, customer seating and back of house mechanical and restrooms. She worked with the client and their team of consultants to pull together the branding and the space to establish permit drawings and assist in acquiring health department approval. Owner: Nathan Anderson /GC: Integrated Construction Solutions LLC - dissolved SAMPLE ADDITIONAL PROJECTS: • Little River Band Elder Housing, Manistee, MI • UPTHA LIHTC Homes, Cedar City, UT • Holt Residence, Bonner Springs, KS • Sokaogon Supportive Residence, Crandon, WI • Scheuer Residence, Aspen, CO • Stanley Residence, Parker, CO 59 25 City of Aspen #2021-239 - Burlingame Childcare Center JOB CAPTAIN Bachelor of Architecture, Iowa State University 2018 SPANISH PEAKS INN (POSS ARCHITECTURE) As a Job Captain for this 50 room, 25 timeshare luxury resort property in Big Sky, Mont., Luke worked on all aspects of project design from conceptual design all the way through Construction Documents. Luke worked with the POSS Architecture team to draft and design this 115,000 SF building which included addressing detailing for an underground service tunnel connecting the building to its neighbor property accross the street. ABOUT LUKE: Growing up in Iowa, Luke has worked in multiple design fi rms across different states. Luke brings a high level of visualization and graphic knowlege to the team. His work as a freelance on architectural visualizations has provided both modeling and rendering services to clients. Allowing them to visualize all aspects of the project. IN THE COMMUNITY: Since coming to the Roaring Fork Valley, Luke has been an integral part of his local gym in Basalt. Luke along with his partner Morgan have worked on bringing a new competitors class to Roaring Fork Crossfi t for members looking to become more competitive in the sport. LUKE KEEBLE Land+Shelter SELECT PROJECTS: ADDITIONAL PROJECTS: • Garfi eld County Education Center, Rifl e, CO • Rifl e Animal Shelter, Rifl e, CO • Minnesota Lake House, Leech Lake, MN • Spanish Peaks Inn, Big Sky, Mont. (POSS Architecture) • Branded Residences, Big Sky, Mont. (POSS Architecture) ASCENDIGO Luke worked along side his L+S team to create and design this new campus and summer camp for individuals on the Austism spectrum. Luke worked on conceptual design, creating fl oor plans, conceptual renderings, and 3D massing models used for client discussion and community outreach. He helped research the local vernacular of the site to provide a desgin for a campus that fi ts into the overall character and language of this beautiful rural landscape. Owner- Dan Richardson at Ascendigo Autism Services 970.927.3143; GC - Ken Janckila at Jankila Construction Inc 970.927.6714 CARBONDALE YOUTH ART PARK Luke designed and created drawings for Carbondale Arts on a Youth Art Park proposal located on the Rio Grande ArtWay in Carbondale. Working with RFTA, Luke layed out plans integrating design ideas from local middle school students in Carbondale. He was able to create a package that collected and combined the students ideas into a holistic proposal that Carbondale Arts could use in their grant application process. Owner: Amy Kimberly at Carbondale Arts 970.963.1680; GC - N/A EASTWOOD 133 STORAGE FACILITY Luke is currently providing drawing and design services on a 70,000 SF storage facility project for the town of carbondale through its annexation process. He has assited with storage unit layout, building identity, and compliance with the towns zoning codes. During the process, he has created drawings that focus on the community outreach and integration of a artwalk into the project. The project is now in for permit with the Town of Carbondale. Owner: Rob Cairncross at Eastwood 133 LLC, 970.618.6722; GC: Matt Gwost at RA Nelson 970.904.0518 60 26 ALAN FORD ARCHITECTS CORE TEAM Alan B. Ford, FAIA PRINCIPAL RELEVANT PROJECTS Mapleton Early Childhood Education Center: Boulder, CO Scope of work: Alan Ford headed the assessment, programming, design phases throughout the project. The project consisted of the conversion of historic Mapleton Elementary School to early childhood learning center. The project scope included a new entry and lobby addition, complete systems replacements, and interior renovation (taken down to the original shell structure and put back in compliance to historic resignation). Masonry repair to the historic exterior and a new Hydronic HVAC system that was integrated into the existing building was also included in the project scope. The project team focused on designing to the 21st century while maintaining the integrity of the historical building. Owner: Glenn Segrue, Boulder Valley School District, Project Manager 720-561-5794 General Contractor: Will Valkner (now with JHL Consructors), Adolfson & Peterson Construction, Preconstruction Manager 303-741-6116 Stanley OPENair Academy Early Childhood Education Facility: Aurora, CO Scope of work: Alan Ford assisted the client with determining the appropriate site, programming, and was the Principal in Charge of the design throughout the project. The design challenge was to convert what was originally an aviation facility with deep bays and low ceilings into a welcoming early childhood center. The ECE was situated within a mixed-use complex including extensive outdoor fi elds, event spaces, retail, and offi ce spaces. The program was Reggio Emilia based in the diverse setting was incorporated into the learning experience. The center serves 102 students ages six weeks to 5 years old. The design was intended to give teachers and students a blank slate, allowing them to have a voice in shaping their learning environment. Transparency between spaces was used to provide a connected learning experience. Tubular devices were used to supplement natural daylighting into the interior of the building and into the learning experience through creative use of day lighting. Owner: Heather Eversley, Clifton-Eversley, CO-Founder – OPENair Academy 303-717-3262 General Contractor: Chris Haugen, White Construction Group, Vice President 303-688-6924 Ext. 4741 Mapleton Early Childhood Center EDUCATION • University of Colorado Denver, Master of Architecture - 1980 • University of Colorado Boulder, Bachelor in Environmental Design with Honors - 1978 PROFESSIONAL AFFILIATIONS • State of Colorado License, 202113 • Fellow of American Institute of Architects (FAIA) • Association for Learning Environments (A4LE) PROFESSIONAL ACTIVITIES • Co-Founder of the Early Childhood Design Conference : 2012 - 2018 • President 2014 and Board Member 2015 - Current : Rocky Mountain Chapter, Assoc. for Learning Environments (A4LE) • Author: Designing the Sustainable School and A Sense of Entry, The Images Publishing Group : 2007 Alan Ford is a licensed architect with over 40 years of experience. Alan’s experience in high-performance educational environments dates back to his 1979 graduate school thesis for a new high school in Pagosa Springs, Colorado, which included passive solar strategies, daylighting and ground- source geothermal heating and cooling. Since then, Alan has designed over 100 signifi cant educational projects within the State of Colorado. Alan’s enthusiasm for design of learning environments recently resulted in his authoring of two books: Designing the Sustainable School and A Sense of Entry, both published by The Images Publishing Group of Australia. 61 27 City of Aspen #2021-239 - Burlingame Childcare Center RMSER (Rocky Mountain SER): Pueblo, CO Scope of work: Alan Ford led Programming and Master Plan phases to convert two elementary schools into early childhood education centers, as well as community centers and workforce development services. The focus was to identify RMSER’s ethos, creating a program that refl ects their identity while also providing 21st century early childhood learning, all while balancing the client’s needs and wants. The team conducted assessments of the abandoned facilities, interviews of key stakeholders, and multiple Design Advisory Group meetings. Owner: Lance Vieira, Rocky Mountain SER, COO 303-480-9394 General Contractor: Alan Freidhof, Latcon, Vice President of Estimating, 719-924-1083 Kim PK-12 School: Kim, CO Scope of work: Renovation / Addition Alan Ford provided programming through construction administration. Owner: Monica Johnson, Kim School District, Former Superintendent 303-622-2698 General Contractor: Brian Townsend, JHL Constructors, Inc. Vice President 303-741-6116 Brady Exploration School: Lakewood, CO Scope of work: Alan Ford led Programming and Master Planning for the project and served as Principal in Charge of Design through construction and administration. Owner: Sam Miller, Jeffco Public Schools, Senior Project Manager Construction Management – 303-982-2549 General Contractor: Josh Hill PMP, Himmelman Construction, Senior Project Manager 303-790-1984 Lyons Middle/Senior High School Auditorium Addition: Lyons, CO Scope of work: Alan Ford led Programming and Master Planning for the project and served as Principal in Charge of Design through construction and administration. Owner: Conan Smith PMP, St. Vrain Valley School District, Construction Project Manager 303-682-7372 General Contractor: Brett Sorenson, Golden Triangle Construction, Senior Project Manager – 303-772-4051 Denver School of the Arts: Denver, COScope of work: Alan Ford will lead the Programming and Master Planning efforts on this project that is just getting underway. Owner: Denver Public Schools, Heather Bock Director of Construction 720-423-1851 General Contractor; Paul Vargo, Haselden Construction, Senior Estimator – 303-728-3811 Alan B. Ford, FAIA PROGRAMMING & DESIGN PRINCIPAL 62 28 Tyler is a licensed architect and experienced project manager with over 10 years of project experience in higher education, PK-12, large residential, and an assortment of other unique projects. Tyler enjoys working on a variety of project types and sizes from ground up construction, to renovations of historic buildings, to master planning. He is particularly passionate about early childhood care and has served as the chair of the advisory board for a non-profi t ECE center. Tyler brings his passion for design and detailing to the University of Colorado Denver College of Architecture where he has taught design studio and is currently instructing the studio on a childcare center design. EDUCATION • University of Oregon, Portland, Master of Architecture - 2010 • University of Colorado, Boulder, Bachelor in Environmental Design - 2007 RELEVANT PROJECTS DSST College View Soccer Field Addition: Denver, CO Scope of work: As Project Manager, Tyler, lead a team of Civil Engineers, Traffi c Engineers, and Landscape Architects through a design and permitting process for a new soccer fi eld for an existing school on a new parcel of land adjacent to the school property. The school district was in the process of purchasing land from the landowner and securing an access easement from another, which required reviews with the City of Denver, the State Division of Fire Prevention and Control, the State Plumbing Board (for a variance request), as well as CDOT. The fi eld itself is CHSAA compliant and requires 16’ of retaining walls to mitigate the grade change over the site, providing the only fi eld for this land locked school. Owner: Scott Sands, Denver Public Schools, Construction Project Manager 720-423-1895 General Contractor: TBD - project is currently bidding. Lyons Middle/Senior High School Auditorium Addition: Lyons, CO Scope of work: As Project Manager, Tyler, led a comprehensive design team from initial kick-off through construction completion. The design started with a programming effort including a DAG process and preliminary budgeting estimating prior to the onboarding of the CMGC. Once the scope was defi ned the project went through an approximately 9 month design process with two bid packages, to release foundations prior to ground freeze, including major owner reviews at SD, DD and 90% CDs. Tyler, oversaw the construction administration for the design team over the 12 month construction process on this 16,000sf, $9.2m, performance theater. Owner: Conan Smith PMP, St. Vrain Valley School District, Construction Project Manager 303-682-7372 General Contractor: Brett Sorenson, Golden Triangle Construction, Senior Project Manager – 303-772-4051 Tyler Michieli, AIA DESIGN ARCHITECT PROFESSIONAL AFFILIATIONS • State of Colorado License, 404256 • American Institute of Architects (AIA) PROFESSIONAL ACTIVITIES • Co-chair of Non-profi t Co-Op Early Childhood Education Center : 2017 - Present • Jury reviewer for various studios at University of Colorado-Denver : 2014 - Present • LEED Green Associate Training Workshop : 2010 • Exhibitor in Eco-topia Juried Exhibition : 2010 ALAN FORD ARCHITECTS CORE TEAM 63 29 City of Aspen #2021-239 - Burlingame Childcare Center Brady Exploration School: Lakewood, CO Scope of work: Tyler’s role as assistant project manager to Alan Ford (PM and PIC), included being actively involved in the programming process of developing a masterplan with the DAG to develop the long-term goals for improvements, defi ning the scope of work for the current construction, and design input on the fi nalized scope of work. During documentation of the project Tyler oversaw the architectural team and actively participated in design coordination with the consulting engineers of the project and well as providing quality control reviews of the architectural drawings. Tyler was available on an as needed basis during construction administration to fi ll in or provide guidance during this phase. Owner: Sam Miller, Jeffco Public Schools, Senior Project Manager Construction Management – 303-982-2549 General Contractor: Josh Hill PMP, Himmelman Construction, Senior Project Manager 303-790-1984 South High School, Various Projects: Denver, CO Scope of work: Tyler has been working on South High School since the very beginning of his architectural career and has held various positions and worked with various teams throughout the years. Most recently Tyler has been providing services as the Project Manager directly responsible for the scoping, cost estimating, design, documentation, and implementation of the 2017 Bond Renovations and the current CTE renovation. Owner: Tari Gold, Denver Public Schools, Construction Project Manager – 720-413-0817 General Contractor: (2017 Bond) Bob Bustos, Gilmore Construction, Vice President Construction Operations – 303-371.-5700 (CTE, current) Paul Vargo, Haselden Construction, Senior Estimator – 303-728-3811 Tyler Michieli, AIA DESIGN ARCHITECT 64 30 RDG PLANNING & DESIGN CORE TEAM Edward Buglewicz, AIA EARLY CHILDHOOD ENVIRONMENTAL SPECIALIST RELEVANT PROJECTS• Educare Learning NetworkEducare Springfi eld – Springfi eld, MassachusettsOwner: Mary Walachy, Former Executive Director, Irene E. & George A. Davis Foundation 413.433.9802 marywalachy@gmail.com Contractor: Lynne Badgett, Western Builders, 413.322.3077 lbadgett@westernbuilders.com Educare Washington D.C. – Springfi eld, MassachusettsOwner: Jessie Rasmussen, President, Buffett Early Childhood Fund 402.541.4030 jr@buffettearly.org Contractor: Will Stann, Forrester Construction 240.876.0894 wstann@forresterconstruction.com • Porter-Leath – Memphis, Tennessee Early Childhood Academy – South MemphisEarly Childhood Academy – FrayserEarly Childhood Academy – Orange MoundEarly Childhood Academy – Hickory HillOwner: Sean Lee, President, Porter-Leath 901.577.2500 ext 1151 slee@porterleath.org Contractor: Logan Rogers, Flintco Construction 901.612.2885 logan.rogers@fl intco.com • Northside Development – Spartanburg, South Carolina The Franklin School Early Learning Center Owner: Molly Talbot-Metz, President, Mary Black Foundation 864.573.9500 mmetz@maryblackfoundation.org Contractor: Hootie Solesbee, Harper General Contractor864.398.4701 jsolesbee@HarperGC.com • Buffett Early Childhood Fund & Omaha Public Schools – Omaha, NebraskaOmaha Early Learning Center at Gateway ElementaryOmaha Early Learning Center at Skinner Magnet CenterOmaha Early Learning Center at Kennedy ElementaryOwner: Gladys Haynes, Director-Nebraska Initiatives, Buffett Early Childhood Fund, 402.541.4477 gh@buffettearly.org Contractor: David Cavlovic, Sampson Construction 402.827.5600 davidc@sampson-construction.com • Sheltering Arms – Atlanta, GeorgiaEarly Education & Family CenterOwner: Blythe Robinson, President & CEO, Sheltering Arms 404.523.2767 brobinson@shelteringarmsforkids.comContractor: Reed Weigle, Brasfi eld & Gorrie 678.581.6560 RWeigle@Brasfi eldGorrie.com • University of Nebraska-Kearney – Kearney, NebraskaPlambeck Early Childhood Education CenterOwner: Alan Wedige, Campus Architect, University of Nebraska – Kearney 308.865.8959 awedige@nebraska.edu Contractor: Scott Lockhard, Hampton Enterprises402.489.8858 slockhard@hampton1.com Ed is exclusively dedicated to the design and implementation of early childhood education facilities. He has provided essential contributions to the Educare Learning Network from inception of the program recognized nationally for quality programming, research outcomes and design award winning environments. He understands the profound influence that building interiors and outdoor environments have on the development of young children. EDUCATION • University of Nebraska Lincoln, Master of Architecture - 1996 • University of Nebraska Lincoln, Bachelor of Science Architecture - 1994 PROFESSIONAL AFFILIATIONS • State of Nebraska License, #A3896 • State of Georgia License, #RA014131 • State of South Carolina License, #9713 • State of Tennessee License, #105494 • State of Massachusetts License, # 9514790-AR-R • National Council of Architects Registration Board (NCARB) • American Institute of Architects (AIA) • Association for the Education of Young Children (NAEYC) PRESENTATIONS • 2020 Nebraska Planning and Zoning Conference - Kearney, NE • 2018 Thriving Children, Families and Communities - Kearney, NE • 2016 Early Childhood Education Design Conference - Denver, CO • 2014 Edward Zigler Center in Child Development and Social Policy : Yale School of Medicine • 2013 Early Childhood Education Design Conference : Denver, CO 65 31 City of Aspen #2021-239 - Burlingame Childcare Center RDG PLANNING & DESIGN CORE TEAM Molly Haas, AIA EARLY CHILDHOOD DESIGNER RELEVANT PROJECTS • Educare Learning Network Educare Springfi eld – Springfi eld, Massachusetts Owner: Mary Walachy, Former Executive Director, Irene E. & George A. Davis Foundation 413.433.9802 marywalachy@gmail.com Contractor: Lynne Badgett, Western Builders, 413.322.3077 lbadgett@westernbuilders.com • Porter-Leath – Memphis, Tennessee Early Childhood Academy – Frayser Early Childhood Academy – Orange Mound Early Childhood Academy – Hickory Hill Owner: Sean Lee, President, Porter-Leath 901.577.2500 ext 1151 slee@porterleath.org Contractor: Logan Rogers, Flintco Construction 901.612.2885 logan.rogers@fl intco.com • Northside Development – Spartanburg, South Carolina The Franklin School Early Learning Center Owner: Molly Talbot-Metz, President, Mary Black Foundation 864.573.9500 mmetz@maryblackfoundation.org Contractor: Hootie Solesbee, Harper General Contractor 864.398.4701 jsolesbee@HarperGC.com • Buffett Early Childhood Fund & Omaha Public Schools – Omaha, Nebraska Omaha Early Learning Center at Kennedy Elementary Owner: Gladys Haynes, Director-Nebraska Initiatives, Buffett Early Childhood Fund, 402.541.4477 gh@buffettearly.org Contractor: David Cavlovic, Sampson Construction 402.827.5600 davidc@sampson-construction.com • University of Nebraska-Kearney – Kearney, Nebraska Plambeck Early Childhood Education Center Owner: Alan Wedige, Campus Architect, University of Nebraska – Kearney 308.865.8959 awedige@nebraska.edu Contractor: Scott Lockhard, Hampton Enterprises 402.489.8858 slockhard@hampton1.com Molly joined RDG in 2017 and quickly developed her passion to define thoughtfully designed spaces for those in our communities at opposite ends of the life spectrum. Molly has contributed to the success of projects with the Early Learning and Senior Living teams, focusing her passion into buildings catering specifically to the needs of their demographic. Molly is drawn to complex problems that require elegant and unique solutions. She approaches every project with an open mind, as she believes flexibility is key to creativity and problem solving. She brings a passion for optimization and efficiency as well as a technical rigor and expertise. EDUCATION • Kansas State University, non-Baccalureate Master of Architecture PROFESSIONAL AFFILIATIONS • State of Nebraska License, #A-5139 • National Council of Architects Registration Board (NCARB) • American Institute of Architects (AIA) 66 32 ARCHITECT OF RECORD Andrea Korber, AIA Principal Taylor Higgins, AIA Project Architect Luke Keeble Job Captain Land + Shelter Carbondale, CO LANDSCAPE ARCHITECT DHM Design Carbondale, CO SUSTAINABILITY CONSULTANT Group14 Engineering Denver, CO COMMUNITY OUTREACH Project Resource Studio Carbondale, CO Alan Ford, FAIA Programming & Design Principal-in-Charge Tyler Michieli, AIA Design Architect Alan Ford Architects Denver, CO Edward Buglewicz, AIA Early Childhood Environment Specialist Molly Haas, AIA Early Childhood Designer RDG Planning & Design Omaha, NE MEP ENGINEERING BranchPattern Denver, CO CIVIL ENGINEERING Sopris Engineering Carbondale, CO TRAFFIC ENGINEERING McDowell Engineering Eagle, CO STRUCTURAL ENGINEERING Evolve Structural Design Carbondale, CO IRRIGATION DESIGN HydroSystems*KDI Lakewood, CO FOODSERVICE DESIGN Sturm Consulting, Inc. Tulsa, OK 5.1.E CONSULTANTS/ENGINEERS 67 33 City of Aspen #2021-239 - Burlingame Childcare Center PROPOSED CONSULTANTS/ENGINEERS Project Resource Studio: PR Studio, LLC, dba Project Resource Studio [PRS], is a strategic communications consulting fi rm that provides comprehensive stakeholder involvement planning services, project marketing, and public relations strategies for project teams, small and large municipalities, government agencies, developers, and businesses. PRS has an extensive background tackling community development issues with several municipalities throughout the Roaring Fork Valley, including the Town of Carbondale, City of Glenwood Springs, City of Aspen, Garfi eld County, Pitkin County, and Eagle County. Their highly collaborative team specializes in designing thoughtful approaches to identifying key stakeholders and connecting diverse groups through streamlined channels of engagement that deliver a fuller and deeper understanding of a project’s mission. WHY PRS?PRS is a go-to for local outreach in the Roaring Fork Valley and have a proven track record in moving complex projects forward to completion, developing long-term relationships with clients, and marketing new products and programs. Project Resource Studio 981 Cowen Dr A2 Carbondale, CO 81623 Kathleen Wanatowicz, 970.618.5114, kathleen@prstudioco.com prstudioco.com DHM Design: DHM was founded over 40 years ago in Denver and over 20 years ago DHM added the Roaring Fork Valley offi ce in Carbondale. Half of DHM’s work is in the public sector. Much of that has been conducted in the region’s monumental National Parks, where DHM has been restoring degraded environments and enhancing visitor experiences for almost 50 years. The ethos of the National Parks, and the conservation and design principles DHM practiced in them, translates to every project: Protect natural systems and human history. Reveal opportunities for exploration and enjoyment. Leave a light footprint. WHY DHM? The DHM team is committed to open-minded engagement with project stakeholders, and have learned that communication and trust make possible the union of divergent viewpoints, and that in turn makes landscapes that can be cherished and sustained. DHM Design 311 Main Street Carbondale, CO 81623 Jason Jaynes, 970.963.6520, jjaynes@dhmdesign.com dhmdesign.com Sopris Engineering: Since incorporation in November 1994, SE has provided civil engineering and surveying services for development of small and large-scale projects throughout the Roaring Fork and Colorado River valleys, with a focus on public entities and school districts. Over the past 25 years, SE has worked on more than 3,000 projects in Cities and Towns throughout western Colorado. The staff has developed a professional working relationship with the Valley’s government agencies, private developers, and construction fi rms. This background has enabled SE to acquire a comprehensive knowledge of the land use regulations, technical specifi cations, construction methods and costs necessary to have projects be compliant and run smoothly. WHY SOPRIS?Sopris has worked with L+S for16 years and is the civil engineering on Burlingame Ranch Phase II so is very familiar with the project site and constraints. Sopris Engineering, LLC 502 Main Street, A-3 Carbondale, CO 81623 Stephanie Helfenbein, 970.704.0593, stephanie@sopriseng.com soprisengineering.com 68 34 Evolve Structural: As an established fi rm in the Western Slope region of Colorado, Evolve excels at integrating sensible structural designs with the inspiring aesthetic and operational needs of mountain and resort communities. Certifi ed as a DBE/EBE/MWBE/ SBE business through the City and County of Denver, the Evolve team provides comprehensive structural engineering services that cultivate sustainable material use and construction whenever possible. Throughout design and construction phases, our dedication to collaboration and responsiveness has been found to be invaluable. We also take pride in building upon the unique visual and inherent strengths of each endeavor, while creating cost-effective, code-compliant solutions. WHY EVOLVE? - Evolve Structural Design has teamed with Land+Shelter recently on residential and commercial projects, including the Garfi eld County Education Center. They round out our team of frequent local collaborators. Evolve Structural Design 1040 Main Street Carbondale, CO 81623 Sara Mickus, 970.618.5114, sara@evolvestruct.com evolvestruct.com BranchPattern 3511 Ringsby Court, Suite 105 Denver, CO 80216 Matt Coulter, 720.398.6048 mattc@branchpattern.com branchpattern.com BranchPattern: BranchPattern is a building consultancy guided by their longstanding purpose of Improving Life through Better Built Environments®. Creating truly high-performing buildings is complex, but they believe it shouldn’t feel that way for their customers. Specialisms within their Building Science practice are led and supported, from start to fi nish by a team of progressive experts in the fi elds of engineering, architecture, social science, testing and analytics. Over the last 30 years, BranchPattern’s expertise has been honed on K-12 campuses. Throughout this experience, they have collaborated with K-12 facilities to integrate new technologies, striven for greater energy-effi ciency and improved the experience of these learning environments. By applying a human-centered design approach into the design process, BranchPattern has helped educational clients provide environments that result in improvements to student performance. WHY BRANCHPATTERN? -Based on our prior project experience working with BranchPattern, AFA and RDG view Branch Pattern as a leader in creating state of the art MEP systems with a focus on occupant and environmental health. Group14 Engineering is a 48-person, Denver-based consulting fi rm committed to improving the energy and resource effi ciency of buildings. Group14 is a recognized authority in sustainable design and energy effi ciency, building commissioning, and LEED project management. They offer a unique combination of energy design assistance, commissioning of new and existing facilities, and ongoing monitoring of buildings with advanced software analytics. Group14’s suite of services offers resource effi ciency solutions across the life-cycle of a building portfolio. Their expertise in all stages of built environment projects – master planning, LEED consulting, energy design assistance, commissioning, measurement and verifi cation, and existing building optimization – informs a strategic approach to integrated service delivery. WHY GROUP14? - Group14 Engineering is a leader in energy modeling and sustainable design consulting throughout Colorado for public and private entities. Group14 Engineering, PBC 1325 East 16th Avenue Denver, CO 80218 Libby Coleman, 303.861.2070 lcoleman@group14eng.com group14eng.com 69 35 City of Aspen #2021-239 - Burlingame Childcare Center Sturm Consulting 5838 S. Hudson Place Tulsa, OK 74135 Rocky Sturm, 918.260.0667 rockysturm1@cox.net Sturm Consulting: Rocky Sturm, founding principal of Sturm Consulting, Inc., has more than 30 years’ experience in commercial foodservice design, planning, and production of construction documents for all sizes and types of commercial facilities: snack bars, concession stands, child care centers, churches, schools, restaurants, country clubs, production facilities, and employee dining facilities. Rocky’s involvement begins at program development with owners and architects, and carries through with planning and design of foodservice facilities. All design drawings, construction drawings, and equipment specifi cations are fully coordinated with the owners, architects, and engineers on the project. WHY STURM CONSULTING?Sturm has been providing foodservice consulting for almost three decades and has worked with RDG on over 20 ECE projects in the past decade. McDowell Engineering,LLC McDowell Engineering, LLC was formed in 2008 to provide specialized traffi c and transportation engineering to mountain and Western Slope communities of Colorado. They specialize in bridging the gap between traffi c analysis and recommendations to coordination with outside agencies and a civil engineer that will prepare the construction drawings. McDowell Engineering currently has fi ve traffi c/transportation engineers and one offi ce administrator on staff, headquartered out of Eagle, Colorado. All work will be performed or overseen by a Colorado-licensed professional engineer (PE) and professional traffi c operations engineer (PTOE). McDowell Engineering has been working in the City of Aspen for many years and is familiar with the Roaring Fork Valley. McDowell Engineering is CDOT Pre-qualifi ed in Transportation & Traffi c Engineering. WHY MCDOWELL?McDowell Engineering has been working in the City of Aspen for many years and frequently completes studies throughout the Roaring Fork Valley. McDowell Engineering, LLC 241 Broadway Street, Suite 202 Eagle, CO 81631 Greg Schroeder, 970.948.1376 greg@mcdowelleng.com mcdowelleng.com HydroSystems*KDI has over 180 years of combined experience in the irrigation system construction and design environment in Colorado and the western US. They are uniquely qualifi ed to meet the needs of clients and project owners and HydroSystems•KDI is dedicated to providing a level of service and technical expertise in irrigation system design that is unmatched in the consulting industry. With a staff of 8 irrigation system designers, HydroSystems•KDI utilizes the most current version of AutoCAD for all planning and irrigation design efforts. They also utilize their own irrigation design software that works with AutoCAD, developed and designed for their own internal use, by members of the staff. GPS equipment is utilized for basic spot surveys and GPS located as-built plans. Why HYDROSYSTEMS*KDI? HydroSystems*KDI has been working with DHM for many years and frequently completes design work required to adhere to the water use permitting requirements necessary for permitting in the City of Aspen. HydroSystems*KDI 860 Tabor Street, Suite 200 Lakewood, CO 80401 Jill Bersano, 303.598.5009 jillb@hydrosystemskdi.com hydrosystemskdi.com 70 5.2 - PROPOSAL ELEMENTS71 37 City of Aspen #2021-239 - Burlingame Childcare Center 5.2.A ACKNOWLEDGEMENT OF SCOPE ACKNOWLEDGEMENT OF SCOPE OF SERVICES 1) Please summarize/verify your understanding of the scope of services requested in this RFP as well as described in the contract. We understand our scope is to lead a design team alongside the City of Aspen, and it’s various agencies/ departments, in the design and engineering of an early childhood education center likely with affordable housing. The project is located in park parcel C of the Burlingame PD, a steep site that currently is under construction to include pathways and retainage structures that effectively sever the site in two. The parcel is located at a visible intersection within the Burlingame development, and it does not have clear access or turn around solutions without creative engineering. We understand our role is to navigate these constraints to create alignment between the residents, Kids First, the Parks department, Community Development, and additional stakeholders like the residents of Aspen in general. Although the PD contemplates a daycare facility on this site, the actual execution of that is not obvious, and it will be our job to navigate these constraints. As this RFP fi rst awards concept and schematic, this alignment will be critical to our team’s early success. We understand that beyond alignment we will also be tasked with developing the program with stakeholders as well. With that project alignment and program, we also understand our role is to execute on the project with professional best practices and AIA contract obligations. We understand our role is to be good stewards of public funds, and - as the project advances through later phases, we see our role as a collaborative leader of a project with a diverse stakeholder group. 2) Describe how your fi rm/team will approach and execute each section of the scope of services and describe how your fi rm/team can add value to the services requested to create a successful project. PROGRAM CONFIRMATION We will look to engage with City of Aspen, Kids First and other community partners group in a workshop to review and verify the space program and identify any outstanding items that need further discussion including any changes that have occurred since the RFP release. We invite all stakeholders into the design process as we continue to listen to specifi c needs, evaluate options using data visualization, understand any strategic partnerships, and develop consistent program goals. At the end of the workshop, a revised program summary will be published. Following initial programming, we will engage the City of Aspen, Kids First and other community partners group in a workshop sessions to review and refi ne the space program for each building and identify any outstanding items that need further discussion including any changes that have occurred since the programming phase ended. We invite all stakeholders into this program and conceptual process as we continue to listen to specifi c needs, evaluate options using data visualization, understand any strategic partnerships, and develop consistent program goals. At the end of the workshop, a revised program summary will be published. SCHEMATIC DESIGN Based on the approved facility program, the design team will lead a select Owner Design Advisor Group (DAG) through a series of design and budgeting charettes exploring not only architectural design options but also building system design options using Revit Enscape and integrated estimating. 3D images of fl oor plans and interior spaces will be developed to allow your team to virtually experience the building, and allowing key stakeholders including teachers, community members, and even donors the ability to gain a better understanding of the project. 72 38 DESIGN DEVELOPMENT Working closely with project leadership, the team will begin to fi nalize aesthetic and systems related decisions, with a particular emphasis on the technical aspects of the documents. The use of Revit will build during this phase, providing opportunities for a more detailed evaluation of design and the ability to extract various data to support cost estimating exercises in conjunction with the CM/GC. Integration of technology and equipment needs requirements, and layout will be fi nalized and coordinated with MEP requirements. Budget and schedule objectives will be reviewed and confi rmed with the CM/GC as they prepare the GMP. CONSTRUCTION DOCUMENTS We will begin this phase with a thorough constructability review involving facilities staff and the CM/GC. Revit and Navisworks will be further employed for interference checks and confl ict resolution as we prepare fi nal construction documents for both buildings. Our team uses Revit allowing the opportunity to evaluate issues and confl icts three-dimensionally which is critical when dealing with an existing structure and is equally valuable for new buildings. Budget and schedule objectives will be reviewed and confi rmed with City of Aspen and the CM/GC CONSTRUCTION ADMINISTRATION Success begins with a well-coordinated set of construction documents and continues with fi eld personnel that are not only familiar with the project but experienced with construction and the details of early childhood. Our team will oversee the on-site construction administration phase for the project and coordinate directly with City of Aspen. Communication is the key to success as well as a process that holds all parties accountable for performance. Management techniques employed through the process include monthly Owner / Architect / Contractor meetings, job site observations, integrated submittal processing, and quick turnarounds to contractor request for information. Particular attention to close out and commissioning will provide for a smooth transition from construction to operations. PROJECT MANAGEMENT & COORDINATION OUR BIM EXPERTISE AND PROCESS Building upon the modeling capabilities of Revit, we utilize 3D AND VIRTUAL REALITY VISUALIZATION INTEGRATED INTO OUR DESIGN PROCESSES to assist not only with communicating the aesthetics of the design, but to also assess the functional aspects of design. Owners and team members alike can experience the impact of various aspects of the design including wall heights and window placement as well as overall layout and room confi guration. Wall heights, window openings and other design elements can be modifi ed in real time and assessed to achieve the quality of environment that best meets the needs of the client. Programs such as Revit and technologies such as virtual reality have been instrumental in the development of the design and communication with the owner and contractor team. The use of BIM SOFTWARE IS USEFUL IN THE DESIGN AND COORDINATION OF PROJECTS, IMPROVES COMMUNICATION DURING CONSTRUCTION, AND AIDES OUR CLIENTS IN FACILITIES MANAGEMENT. Revit provides an integrated platform for architectural renderings, clash detection, construction specifi cation, and day lighting analysis and energy analysis, as well as the ability to extract material and space quantities for cost estimating and program verifi cation. To maintain quality control among our team, we have implemented a series of project review metrics, team mentoring and ongoing Revit testing procedures. During key milestones in the design process, we utilize Navisworks, a project review software, to perform collision detection on the various building components in each of the discipline models to identify potential confl icts and correct them before construction begins, thus reducing potential questions and cost impacts during construction. 73 39 City of Aspen #2021-239 - Burlingame Childcare Center QUALITY ASSURANCE The keys to effective quality assurance and cost control procedures are team continuity, a collaborative and interactive process, and a complete documentation quality review. TEAM CONTINUITY Key project leadership remains active through all project phases. This level of continuity and oversight is important and quite unique. Similarly, team continuity is stressed in project staffi ng, as new team members are added to the project in a way that minimizes disruption while stressing continuity with the team already in place. We have found that there is no substitute for this level of continuity in the delivery of a quality set of documents. COLLABORATIVE, INTERACTIVE PROCESS Our team’s GOAL OF QUALITY CONTROL IS TO PROVIDE A MEANS TO PREVENT PROBLEMS AND IMPROVE PROJECTS. Part of the process is to collect construction-related feedback that might be useful to other projects or might initiate/change standard specifi cations or details. We document both the design and construction process using the following methods: • Detailed minutes from all meetings, including Owner-Architect, Owner-Architect-Contractor, Design Team, and Owner-User-Architect are fi led and distributed to meeting attendees. • Collaborative, interactive workshops will be digitally documented and distributed to attendees. • Published documentation of major project milestones including programming, schematic design and design development documents. Each milestone includes owner, user and community review where comments and refi nements will be tracked and logged. • Publication of cost estimating workshops with Construction Manager and/or Cost Estimator. • Regular fi eld observation visits throughout the construction phase, documented with notes and photographs. DOCUMENTATION QUALITY REVIEW Our Quality Assurance Program stresses process and deliverable review by experienced, Principal-level review teams. We implement Quality Control policies and recommendations which may not be absolutely required but are recommended for consideration. We monitor the incorporation of these polices and recommendations through our QC Review process. Technical Document Quality Control review(s) are conducted by a designated Quality Control Reviewer. A primary reviewer reviews the entire project. In addition, mechanical engineering provided by outside consultants is briefl y evaluated by the in-house reviewer. Document reviews occur at the end of the Design Development Phase and the end of the Construction Documents. 3) Please also describe what elements of effi ciency your fi rm/team will bring to the project approach in order to help the City of Aspen best utilize funds and make suggestions in each area of the approach on what your fi rm will do to ensure that the intended outcomes of the project methodology are reached. Please see our responses to 5.1.C on pages 18-19. 74 40 In addition, the design of an early childhood facility requires specialized expertise in the unique requirements of early learners. Creating secure and healthy places for young children to learn and grow can have a signifi cant impact on future success as identifi ed from the research outcomes associated with the 1962-67 Perry Preschool Study https://highscope.org/perry-preschool-project/. Neuro development is in full gear at this stage and can be positively and negatively impacted by the environment. Understanding the underpinnings of best practices along with how to incorporate that knowledge into the design of the facility and site, will impact teachers’ and students’ successes. Effi ciencies come from our background: • L+S has 16 years of practice in the community • AFA has 12 years of focus on research-based design for early learning environments • RDG has direct experience on the design of 50+ early learning centers • AFA is an internationally recognized leader in sustainability, safety, and security Our team offers Aspen a knowledge base that fi ts the place and is steeped in experience and research for creating high performance learning environments 75 41 City of Aspen #2021-239 - Burlingame Childcare Center 5.2.B FEE WORKSHEET 76 4277 43 City of Aspen #2021-239 - Burlingame Childcare Center 5.2.C DETAILED SCHEDULE We believe in delivering projects on time and on budget, as shown in our past performance. Working closely with the project team, an overall schedule will be developed that includes not only construction, but occupancy and start up. Once an overall project schedule is established, we confi rm milestones within each phase. In the design phase, milestones are based on percentage of completion. Review sessions with the owner and specifi c user groups take place at the end of the programming, master planning, schematic design, design development, and construction documents phases, where complete review packages are presented. Our internal schedule is monitored weekly so that our project manager can evaluate manpower requirements during each phase. We have found that breaking the design process into phases, with deadlines at each phase, contributes to scheduling success. During the construction phase we take a proactive approach to controlling the project schedule. At our weekly job-site meeting, construction progress is discussed and evaluated; we work closely with the owner and contractor to identify and alleviate any scheduling problems. We have prepared a detailed schedule of the overall project. An understanding of individual involvement can be evaluated from the listing of assigned hours per phase included on the fee worksheet. We also elaborate in more detailed narrative on the fi rst phase task descriptions as follows: PROGRAMMING -3 TO 4 EXECUTIVE COMMITTEE MEETINGS Week One a. Meet with executive committee (in person) and fi nalize process/schedule for programming and schematic Design b. Confi rm available site extents and Review attributes and challenges c. Team to prepare programming support materials d. Begin research phase identifying the key drivers that will inform the project e. Develop draft program reviewing goals/objectives and priorities. Do bench marking comparing with other similar facilities. f. Develop plan for public outreach g. Review budget considerations Week Two a. Distribute questionnaires to identifi ed stakeholders b. Begin developing precedent boards and distribute to the executive committee c. Do conceptual test fi ts for overall site based on draft program and review site options Week Three a. Compile questionnaire results and review with executive committee (Virtual meeting) b. Identify key stakeholders to interview (if any) c. Refi ne program based on questionnaire results and executive committee input d. Update conceptual test fi ts and site options Week Four a. Conduct interviews as identifi ed in week three b. Update program plans and site plans c. Update executive committee (virtual) on fi ndings so far 78 44 Week Five a. Finalize program b. Develop priorities for the program – must haves and nice to haves c. Update program concept fl oor and site plans Week Six a. Present concept plans to the executive committee (in person) for review and comment prior to moving into schematic design b. Determine who will participate in schematic design reviews (Design Advisory Group (DAG). Keep DAG to under 12 if possible. Meetings can be open to others for comments at the beginning of each DAG Deliverables - Listed goals and priorities - Must haves and nice to haves defi ned - Target budget - Program spreadsheet - Concept fl oor plan and site plans SCHEMATIC DESIGN – 3 DAG MEETINGS Week Seven a. DAG #1 - Meet with DAG to review preliminary concepts and program (3 options) b. Review project goals and priorities – must haves and nice to haves c. Compile feedback from DAG Week Eight a. Team to work on design concepts and preliminary cost data Week Nine a. DAG #2 – Present 2 options with preliminary cost data. Narrow down to one scheme for development. Verify priorities – must haves and nice to haves Week Ten a. Team to work on selected design concept and refi ne preliminary cost data Week Eleven a. DAG #3 – obtain feedback on developed selected scheme and refi ne as needed. Present alternates based on identifi ed priorities along with ballpark costs Week Twelve a. Present fi nal program plans and preliminary opinion of costs to executive committee Deliverables - Scaled Floor plans and site plan - Elevations - Preliminary sections - Preliminary opinion of costs (optional cost estimator - otherwise provided by architect) Other meetings - to be integrated into the process - timing to be developed working with the executive committee 1. Neighborhood meeting 2. Community meeting 3. Work session with City Council 79 WƌŽũĞĐƚWŚĂƐĞƐWƌŽŐƌĂŵΘŽŶĐĞƉƚƵĂůĞƐŝŐŶϲǁĞĞŬƐ^ĐŚĞŵĂƚŝĐĞƐŝŐŶϲǁĞĞŬƐ^ŽƐƚƐƚŝŵĂƚĞΘKǁŶĞƌZĞǀŝĞǁϯǁĞĞŬƐ>ĂŶĚhƐĞƉƉůŝĐĂƚŝŽŶϭϰǁĞĞŬƐŽƌϵŵŽŶƚŚƐĞƐŝŐŶĞǀĞůŽƉŵĞŶƚϭϰǁĞĞŬƐŽƐƚƐƚŝŵĂƚĞΘKǁŶĞƌZĞǀŝĞǁϯǁĞĞŬƐƉƉƌŽǀĂůŽĐƵŵĞŶƚƐZĞĐŽƌĚĂƚŝŽŶϮtĞĞŬƐŽŶƐƚƌƵĐƚŝŽŶŽĐƵŵĞŶƚƐϭϮǁĞĞŬƐWĞƌŵŝƚƚŝŶŐΘŝĚĚŝŶŐнͬͲϯϲǁĞĞŬƐŽŶƐƚƌƵĐƚŝŽŶϭϬŵŽŶƚŚƐDŽǀĞͲŝŶͬ^ƚĂƌƚͲƵƉϱǁĞĞŬƐ'ͲĞƐŝŐŶŚĂƌƌĞƚƚĞ'ͲĞƐŝŐŶŚĂƌƌĞƚƚĞ'ͲĞƐŝŐŶŚĂƌƌĞƚƚĞ^ƐƚŝŵĂƚĞZĞǀŝĞǁ'ͲĞƐŝŐŶŚĂƌƌĞƚƚĞ'ͲĞƐŝŐŶĞƚĂŝůƐ'ͲĞƐŝŐŶĞƚĂŝůƐ'ͲĞƐŝŐŶĞƚĂŝůƐƐƚŝŵĂƚĞZĞǀŝĞǁ'ͲĞƐŝŐŶZĞǀŝĞǁ'ͲŽĐƵŵĞŶƚZĞǀŝĞǁ'ͲŽĐƵŵĞŶƚZĞǀŝĞǁŝĚZĞǀŝĞǁEŽƚŝĐĞŽĨǁĂƌĚWƌĞŽŶƐƚƌƵĐƚŝŽŶDƚŐϮϬϮϰ:ĂŶ &Ğď DĂƌĐŚ EŽǀ ĞĐ:ƵůLJŽŶƐƚƌƵĐƚŝŽŶůŽƐĞŽƵƚDĂƌĐŚ Ɖƌŝů DĂLJ :ƵŶĞ :ƵůLJ ƵŐ &Ğď DĂƌĐŚϮϬϮϮϮϬϮϯƉƌŝů DĂLJ :ƵŶĞ^ĞƉƚŽŶĐĞƉƚƵĂůtŽƌŬƐŚŽƉKƌŐĂŶŝnjĂƚŝŽŶĂůDƚŐ͘DĞĞƚŝŶŐƐWƌŽŐƌĂŵtŽƌŬƐŚŽƉ&Ğď:ĂŶ45City of Aspen #2021-239 - Burlingame Childcare Center 80 46 City of Aspen #2021-239 - Burlingame Childcare Center 5.2.D DESIGN PROCESS/QUALITY CONTROL COORDINATION OF WORK DURING EACH PHASE OF THE SCHEDULE Kicking off with a clear focus on maximizing programmatic goals during the initial executive committee and stakeholder meetings will be essential. This phase of the project will bring site challenges and attributes to the forefront of the planning process in order to ensure project goals, objectives and priorities are clarifi ed in advance. This work involves research, benchmarking with similar facilities and budget review prior to developing public outreach plans. Our goal is to create quality, high- performance learning environments and promote environmental responsibility in architecture. AFA is recognized regionally and internationally as an innovator in daylighting and sustainable design for early childhood educational facilities. The fi rm’s designs enhance the lives of their users and improve occupant performance through the use of natural daylight, focus on indoor air quality and meticulous attention to detail, all while reducing construction and energy costs to the client. The reduction in costs is achieved by the incorporation of recycled and ecologically-friendly materials to produce a low-maintenance environment. This interconnected approach offers direct benefi ts not only to the occupants and owners of the building, but to the surrounding natural environment. AFA is credited with the fi rst application of displacement ventilation in the State of Colorado and AFA’s (this was a Hutton Ford project - AFA’s previous fi rm Hutton Ford Architect’s’) Aspen Middle School was the fi rst K-12 school within the state to receive LEED NC Gold certifi cation. Quality and cost control begins with a well- defi ned program statement that responds to the needs of the end user. A project budget based on the program statement will guide cost control throughout the project. All design and construction detailing decisions are evaluated based on the program statement and the project budget. Initial cost estimates are developed on a cost-per-square foot basis categorized by discipline and based on our project team’s previous experience in similar types of facilities. While L+S has extensive local quality and cost data from similar size projects, AFA and RDG both have a signifi cant data base of costs associated with this type of educational project. Even in the midst of a volatile construction market, we have consistently delivered projects on time and on budget. 81 47 We will negotiate with consultants prior to submitting our proposed fee, utilizing years of experience with our proposed consultants to bring the best value. Our consultants have been fee competitive over the many years we have worked with them. KEEPING COSTS UNDER CONTROL We believe that the early development of a detailed cost model is key. The comprehensive thought that goes into this cost model allows informed choices later on, when cost adjustments to the design are made to keep the project on budget. Additionally, cost review and adjustment happens in each phase of design, starting in schematic with a full cost estimate, and value engineering at the end of schematic and design development. With this approach, prior to the completion of construction documents the budget has been checked and the design adjusted at least twice to meet the budget goals. During construction, we continue to monitor the budget by reviewing change order requests, payment requests and other costs of the project. As design proceeds, construction materials, systems, and fi nishes are selected, and the cost estimates become more refi ned and detailed. Our engineering and design specialists are consulted early on for input relative to the life-cycle costs of various systems. The design team’s experience in this project type is essential for realistic and achievable project budgets during the early programming and master-planning phases. During all phases of design, we monitor building areas, building systems and fi nishes along with their associated material and installation costs. Throughout the process we believe in the use of a total project cost model and not just a construction cost model. Project costs include such items as furniture, equipment and soft costs. Beyond monitoring budget compliance throughout the production phase, we will incorporate other strategies to bring effi ciency to the design, such as the following: • Simple structural concepts • Innovative use of inexpensive yet long-lasting materials • Cost modeling and adjustment at each phase • Program verifi cation at each phase • Quality control for a tight drawing set • Proactive communication during construction – use of BIM • Weekly Consultant coordination meeting • Exploiting the strengths of Revit to employ clash detection capabilities • Engagement of the facilities management staff to assess experience with various building systems to assure continuity of systems with corporate guidelines and preferences. • Meeting minutes are prepared and posted electronically after meetings 82 48 City of Aspen #2021-239 - Burlingame Childcare Center 5.2.E ADDITIONAL REQUIREMENTS ADDRESSING PROPOSAL REQUIREMENTS 1) The City of Aspen requires that the selected fi rm/teamwork as part of the Design team to develop an effi cient, sustainable design that exists in harmony with its surrounding environment and shall meet the functional and constructability requirements of a properly completed project. Sustainable design should address occupant and environmental health fi rst. Providing healthy indoor environments is fundamental to our approach. See our included case study as an example. Building and site solutions should begin with passive strategies and add active systems such as PV arrays to supplement the remaining loads. Site solutions should be regenerative in nature and should integrate the site and building improvements into the natural setting utilizing topography, fl ora and fauna, wind and solar as partners in the design. The design team understands local architectural vernacular (building materials, forms and massing) and is composed of designers based in the Roaring Fork Valley. Our portfolio of work is high alpine architecture. It is what we do. We will utilize this experience throughout the design process to create a contextual based solution. Designing with locally available materials and trades will further enhance the connection to place. 2) The design team is expected to support the construction cost estimating effort as needed with the General Contractor, Owner’s Agent and Commissioning Agent throughout the design process. Please see 5.2.D for our detailed response to careful cost control throughout the project. 3) During each phase of the design process, the design team will be responsible for presenting the project design to City of Aspen stakeholder groups and Aspen City Council. The intent of these stakeholder sessions will be to provide updates and to receive (and to incorporate to the extent possible within the City’s goals and objectives) feedback about the project’s design. Specify in your proposal what level of sketches, renderings, graphics or modeling your proposal includes at each phase and describe how each will be suffi cient for presentation at each phase. Stakeholder presentations will be organized and messaged by PRS, and our team stands behind their many successful past collaborations with Aspen to execute on this aspect of the scope. For graphics, our typical sequencing of materials includes photos and plans of example fi nished projects at the start, then we move into rough massing using SketchUp and hand drawing for conceptual feedback. As we progress, we develop the SketchUp model to include more refi nement, so we can present more and more realistic representations and gather a refi ned level of commentary. Near the conclusion of design we create fl yover rendered video utilizing Lumion. This tool provides us with the graphics to make sure stakeholders are all understanding the proposal clearly and precisely, using geographically correct sun positioning. 83 49 4) The design team will be responsible, along with the Contractor at Risk and Owner’s Agent, for presenting documentation that supports the Contractor’s GMP bid for the project to Aspen City Council. Roughly 50% of the architectural team experience has been in a CM/GC construction delivery approach. The success of any project depends on relationships grounded in trust and communication. With a CM/GC approach we have the opportunity to build the seeds of success early and often advocate for beginning the process with all parties participating in a partnering session to establish the groundwork for a successful project. Engaging all members of the Design/Engineering/Contractor team early in evaluating building systems and envelope options that take into account our current supply chain challenges and construction durations will be important. Integrating all team members’ expertise in decisions surrounding documentation and QA/ QC at each phase of the project will help to provide a solution that meets the budget and reduces change orders. 84 50 City of Aspen #2021-239 - Burlingame Childcare Center 5) Your fi rm should assume general responsibility for all aspects of sustainable design. AFA in conjunction with Group 14 will take responsibility for creating solutions that will provide the best long term value consistent with the principles of sustainability as discussed in 5.2.1 E item 1. Group 14 will provide energy and daylight modeling data beginning at the earliest stages of design. The design team will then vet that information with the client and contractor presenting options for consideration. The options will show a range of approaches that address the established project goals along with budget implications for each options. Pros and cons of each approach will be discussed to further inform the preferred solution. Alan Ford of AFA, grounded in his research for the book he authored “Designing the Sustainable School”, brings a broad and seasoned perspective on sustainability to the Burlingame Childcare Center project. Andi Korber, principal in charge of L+S and record architect, practices local sustainable design on the ground in the Roaring Fork Valley. Andi brings that deep local community relationship to sustainability to this team. Her recent projects all review and evaluate all electric, net zero design. The goal is both achievable and fi nancially viable. Andi sits on the CORE committee that awards the annual CORE Udall grants. She has reviewed applicants for these awards for the past 5 years, and understands the evolution of sustainable design success locally - and what it means to be a leader in that fi eld. Andi was also a member of the local committee of architects and energy modelers selected by Brian Pawl to update the Pitkin County building whole-building energy use codes in 2019. 6) The selected fi rm will be required to execute and perform work subject to the attached AIA B132 form of agreement between the Owner and Architect and the AIA A201- 2007 General Conditions. Please make the necessary arrangements with your legal and insurance teams to accommodate this request. The contract documents included provide a working framework for the overall project approach and should be considered part of the scope of work required by this RFP. We appreciate and understand this contract framework and accept this as a project requirement. 85 APPENDIX - Detailed Project Sheets86 ASCENDIGO RANCH GARFIELD COUNTY, COLORADO 2020 ASCENDIGO RANCH Land+Shelter ASCENDIGO RANCH Garfi eld County, Colorado Client: Ascendigo Autism Services Project Completion: Landuse Proposal Project Size: 45,500 S.F. Project Budget: TBD Owner Contact: Dan Richardson, Ascendigo Autism Services 970.379.3414 Design Architect: Land+Shelter Architect of Record: Land+Shelter GC: Ken Janckila, Janckila Construction 970.927.3143 Ascendigo Ranch is a proposed educational facility designed for people in the Autism spectrum located in Missouri Heights of Garfi eld County. The 126+ acre rural property provides educational, administrative, dining, living & equestrian facilities for students & educators. The site design groups the buildings to the edges of site and preserves the historically irrigated fi elds in the heart of the site. Wayfi nding, safety & ease of access for the users were the drivers for how the buildings are laid out and interconnected. All decisions were carefully viewed through the lens of designing for individuals in the Autism spectrum. 87 The architecture is in harmony with the physical characteristics of Missouri Heights in their overall scale, in their shapes, and in their materials. The building materials are selected to represent the natural palette of the site. We used familiar materials and have specifi ed them to match photographs of the natural colors of the area so the sages, wheats, and rust tones of the area are refl ected in the exterior palette of the ranch. 88 REGIONAL ANIMAL SHELTER, BOARDING FACILITY & VETRINARY CLINIC RIFLE, COLORADO JOURNEY HOME ANIMAL CARE CENTER Land+Shelter JOURNEY HOME ANIMAL CARE CENTER Rifl e, Colorado Client: Rifl e Animal Shelter Board Project Completion: In Development Project Size: 12,000 S.F. Project Budget: $1.7 M Owner Contact: Heather Grant, Executive Director 970.625.8808 Design Architect: Land+Shelter Architect of Record: Land+Shelter GC: Jeff & Katie Parrington, Tally Ho Construction, 970.625.0208 Program includes adoption housing & veterinary clinic. SCOPE OF SERVICES Working with the animal shelters executive director, Land+Shelter created an effi cient program for an expansion and move of Rifl e’s animal shelter. The new shelter creates a sense of motion, a journey that’s about uncaging, bars opening up for the transition from shelter to forever home. The Journey Home. Afternoon light fl ows through a linear sunscreen while inexpensive linear pendant lighting echos the pattern. This entry design for the animal shelter and vet clinic in Rifl e is working light for its inherent quality of movement as the name suggests. Land+Shelter has been working on the capital campaign alongside the shelter staff and board in support of this non-profi t project. 89 90 GARFIELD COUNTY EDUCATION CENTER RIFLE, COLORADO 2020 GARFIELD COUNTY EDUCATION CENTER Rifl e, Colorado Client: Board of County Commissioners of Garfi eld County Project Completion: In Development Project Size: 12,000 S.F. Project Budget: $2.7 M Owner Contact: Carla Farrand, CSU 970.625.3969 Design Architect: Land+Shelter Architect of Record: Land+Shelter GC: TBD SCOPE OF SERVICES This net-zero energy, adaptive reuse project transforms a feed warehouse into a makerspace and fl exible 4H education facility. Added insulation, a rooftop solar electric array, and all electric HVAC systems makes this future education center a model for energy use with an education purpose through and through. The Garfi eld County Education Center will house the Western Colorado 4H club along with classrooms for Colorado State University extension programs, and Garfi eld County fairgrounds. The program supports STEAM education (science, technology, engineering, art, math) with spaces dedicated to education in: archery, woodshop/metal shop, sewing, cooking, gardening, food safety, and robotics. 91 GARFIELD COUNTY EDUCATION CENTER Land+Shelter MAIN LEVEL UPPER LEVEL 92 MAIN STREET CARBONDALE, COLORADO 359 DESIGN | LAND+SHELTER MULTI-FAMILY MIXED USE Land+Shelter MULTIFAMILY MIXED USE Carbondale, Colorado Client: Eastwood Developments, Inc. Project Completion: currently in SD Project Size: 50,000 S.F. Project Budget: $20 M Owner Contact: Rob Cairncross, Eastwood Developments, Inc., 970.618.6722 Design Architect: 359 Design Architect of Record: Land+Shelter GC: TBD SCOPE OF SERVICES Land+Shelter in partnership with 359 Design have teamed on a mixed use multi-family development in downtown Carbondale. The 22 condominium project combines two fl oors of residential over ground fl oor commercial space and underground alley-access parking. L+S is serving as the local and record architect for the project which is currently in Schematic Design. We are studying the impacts of factory built units and cautiously optimistic that this will serve our project well, especially in terms of overall schedule. We are enjoying a successful project start with excellent dialogue with the Town and look forward to fi tting a new project into a mature downtown landscape. The L+S/359 building will sit at the gateway to the downtown core, and signify arrival to the town core for visitors and locals alike. 93 TRUE NATURE HEALING ARTS CARBONDALE, COLORADO 2018 TRUE NATURE HEALING ARTS Carbondale, Colorado Project Completion: 2018 Contact : Eaden Shantay, Owner 970.361.2195 Project Size: 4,000 S.F. Project Budget: $6 Mil Design Architect: Lea Sisson Architect Architect of Record: Land + Shelter GC: Andy Braudis, Terralink Structures, 970.379.3741 SCOPE OF SERVICES Land+Shelter was the record architect for this new construction project completed in 2018. We provided construction drawings and construction administration for a complex, fast- tracked project. Our services were delivered under the tightest of constraints and with the highest level of detail. This complex program included four spa rooms, a locker room, events space, and a tea room/lobby space. The entire facility required state of the art acoustics. Land+Shelter partnered with Lea Sisson to execute a complex underground commercial building whose form is based on a Hopi Indian prayer structure. The “Kiva” is a future yoga teacher retreat space which will also offer lectures and performances. The Kiva Structure is surrounded by a spa with four luxury treatment rooms. These amenities sit into a hillside within a garden landscape. TRUE NATURE HEALING ARTS Land+Shelter - Lea Sisson 94 ACES / ROCK BOTTOM RANCH RENOVATION BASALT, COLORADO ROCK BOTTOM RANCH Land+Shelter ACES ROCK BOTTOM RANCH EDUCATION CENTER Basalt, Colorado Size: 2,000sf Date Completed: 2017 Cost: $150,000 Owner Contact: Christy Mahon, Devel- opment Director 970.309.6262 Design Architect: Land+Shelter Architect Of Record: Land+Shelter GC: N/A SCOPE OF SERVICES Land+Shelter proudly donated pro-bono, time and design documents to Aspen Center for Environmental Studies (ACES) in order for them to begin fundraising for needed renovations to their other property, Rock Bottom Ranch (RBR). Both ACES and RBR educate the community about being responsible environment stewards. The RBR Visitor Center now has a noticeable visitor entrances, redesigned staff offi ces, public bathrooms and reception desk. Reclaimed materials and other natural elements that are represented on the property were incorporated into the new design aesthetics. 95 ADAPTIVE REUSE OF ELEMENTARY SCHOOL INTO NON PROFIT CENTER CARBONDALE, COLORADO NONPROFIT CENTER Carbondale, Colorado Project Completion: 2009 Client: Third Street Center Board & Town of Carbondale Project Size: 45,000 S.F. Project Budget: $2,800,000 The Third Street Center is the adaptive reuse of the former Carbondale Elementary School and its transformation into an affordable, stable center for non-profi ts. SCOPE OF SERVICES As lead developer on the project, Land+Shelter brought together the Roaring Fork School District, The Town of Carbondale, and dozens of local non-profi ts in an effort to create a much-needed affordable building for non-profi ts. In addition to our fi nancial and planning role, Land+Shelter became the Owner’s Rep for the Third Street Center board, overseeing all contracts from inception to completion. L+S was also specifi cally responsible for the solar electric systems, the asbestos abatement project, and aspects of the interior design critical to transform a the mid-century school into a vibrant new multi-tenant non-profi t center. THIRD STREET CENTER Land+Shelter Owner Contact: Colin Laird, Executive Director, Third Street Center 970.309.2053 Design Architect: Land+Shelter and Energy & Sustainable Design Architect Of Record: Energy & Sustainable Design GC: Hans Raafl aub (Retired) B&H General Contractors 970.945.0102 96 Alan Ford Architects partnered with RTA Architects for the Mapleton Early Childhood Center project. This project converted the historic Mapleton Elementary School, which closed in 2003, into a new early childhood learning center. This new facility serves infants up to 5-year olds. The project scope included a new entry and lobby addition, complete systems replacements and interior renovation. Masonry repair to the historic exterior and a new Hydronic HVAC system that was integrated into the existing building was also included in the project scope. The project team focused on designing to the 21st century while maintaining the integrity of the historical building. The Mapleton Early Childhood Center has been the recipient of 9 design awards since its construction. CLIENT: Boulder Valley School District PROJECT TYPE: Renovation / Addition COMPLETION DATE: July 2013 TOTAL SQUARE FOOTAGE: 21,000 SF CAPACITY: 160 Students COST: $5,200,000 ROLE: Principal in Charge of Design SUSTAINABILITY: Designed to LEED Gold OWNER CONTACT: Glen Segrue, Project Manager Boulder Valley School District t 720.561.5794 glen.segrue@bvsd.org GC CONTACT: Will Valkner, Preconstruction Manager (now with JHL Consructors) Adolfson & Peterson Construction t 303.741.6116 Mapleton Early Childhood Center Alan Ford Architects + RTA Architects Boulder, CO 97 PROJECT HIGHLIGHTS • Restoration of a historic 132 year old former neighborhood elementary school that had fallen into disrepair and revitalized with a renewed “sense of place” serving the local and broader community. • Project became a catalyst to create processes and establish best practices for designing, developing and managing high-performance learning environments for Early Childhood Education. The project ultimately led to the creation of the international ECE Design Conference to expand the knowledge base for designing for the whole child and recognition of the critical social and neural development ages 0-5. • Energy effi cient systems, extensive interior restoration, and ADA and technology upgrades can support up to 128 students throughout Boulder Valley School District. • The project received recognition in the form of 9 signifi cant design awards both at the local and national level in the categories of learning environment, historic preservation, and design and construction. 98 Stanley OPENair Academy Alan Ford Architects Aurora, CO AFA was selected to design an early childhood education center that would serve up to 100 students ages six weeks to fi ve years old. The design was intended to give teachers and students to have a blank slate, allowing them to have a voice in shaping their learning environment. Transparency between spaces was used to provide connected learning experiences. Tubular devices were used to supplement natural daylighting into the interior of the building. CLIENT: Clifton-Eversley PROJECT TYPE: Tenant Finish COMPLETION DATE: November 2016 TOTAL SQUARE FOOTAGE: 8,000 SF CAPACITY: 110 Students COST: $750,000 ROLE: Programming and Principal in Charge of Design OWNER CONTACT: Heather Eversley, Co-Founder OPENair Academy t 303.717.3262 heather@clifton-eversley.com GC CONTACT: Chris Haugen, President White Construction Group t 303.688.6924 Ext. 4741 99 PROJECT HIGHLIGHTS • Integration of an Early Childhood Education program into a former aviation building that was being transformed into a food-centric community hub. • Project was a template for ECE best practices development and serves up to 100 students. The client and the architect were founders of the ECE Design Conference and applied in this project many of the principles garnered from fi ve years of research. • Learning spaces are transformable to allow the users (teachers and students) to change/ modify space over time through art, reconfi guration, and project based exercises allowing them to have a voice in shaping their learning environment. • The design incorporates the use of water, light and manipulative’s as a canvas for expression and cognitive development to support each student’s creativity. • To overcome deep bay confi guration, unique tubular daylighting devices were utilized to distribute natural light throughout the facility. • Transparency between spaces, and maker space gives teachers and students a sense of community. 100 Blue Spruce Habitat for Humanity Alan Ford Architects Kittredge, CO AIA Colorado, COTE and Housing subcommittees collaborated to create a design competition in partnership with the Blue Spruce Chapter of Habitat for Humanity in Evergreen, CO. As the winning design and as the 2013 AIA National Convention Host Chapter Legacy Project, the Habitat for Humanity project has demonstrated to thousands of people that high-performance, high- quality design is important and benefi cial, particularly for the under-served. CLIENT: Blue Spruce Habitat For Humanity PROJECT TYPE: New Construction COMPLETION DATE: 2014 TOTAL SQUARE FOOTAGE: 2,500 SF COST: $306,000 ROLE: Collaborative Design Team • Alan Ford (AFA) • Kathy Ford (AFA) • Matt Weaver (AFA) • Molly Blakely (Independent) OWNER CONTACT: Kathleen O’Leary, Executive Director Blue Spruce Habitat for Humanity t 303.674.1127 ext. 1 koleary@bluesprucehabitat.org GC CONTACT: Tony Cingoranelli Adolfson & Peterson Construction t 303.363.7101 KEY AWARDS RECEIVED • 2017 AIA Colorado- Top AIA Award • 2017 AIA Denver- Honorable Mention • 2014 AIA Architect’s Choice Award • 2013 AIA National Convention Host Chapter Legacy Project • 2011 AIA/Habitat for Humanity Design Competition, Winning Entry Three unique modules allow the design to be adapted for use on diff erent sites with minimal redesign. Movement Module Service Module Living Module 101 PROJECT HIGHLIGHTS • The design utilizes a super insulated envelope to cope with a cold micro-climate on a north facing mountain slope. • A movement module, service module, and living module are arranged to maximize useful fl oor area and minimize total volume. • Shed form, massing, and material selection work together to bring light and views into the home and are consistent with the Colorado mountain vernacular. • Because of its climatically harsh location, durable and fi re-resistant materials have been selected including a metal roof and fi ber-cement board siding. The duplex earned a Home Energy Rating System (HERS) score of 31, meaning it uses 31 percent of the energy of a similar sized home built to meet minimum energy code requirements. The home is photovoltaic and solar-thermal ready - once installed, the home is expected to achieve a HERS score of 15. SIP walls and roofs enable an air-tight and highly insulated envelope. 102 FOUNDER - ECE DESIGN CONFERENCE 2012-2018 Photo of Alan Ford during ECE Conference proceedings at the 2016 event. COMMITMENT TO GETTING IT RIGHT In 2008 Alan Ford, while working on the design of an early childhood facility was surprised by the lack of resources available to support research based design decisions for ECE facilities. Using his background in design conference planning, he began the process of creating an event solely focused on promoting best practices for designing early childhood facilities. The fi rst conference took place in 2012 followed by ones in 2013, 2014, 2016, and 2018. The event is curated around bringing together a blend of scientists, medical doctors, researchers, educators and practicing architects/landscape architects/ interior designers. Speakers have come from the mainly from the United States but have also traveled from as far away as Australia, Germany, and Denmark, for the purpose of sharing knowledge and fostering the exchange of ideas on how to design high performance learning environments for early learners. The associated website http://earlychildhooddesign.com/ provides attendees with content from the events. Also on the website is the latest in ECE news, related videos and research papers created solely for early childhood designs knowledge sharing mission. The conference attracts facility managers, ECE owner and operators, educators, and designers nationally and internationally. It remains the only enduring forum specifi cally focused on understanding the relationship of optimized learning and the environment where learning occurs. With nine years of focused research, uncovering salient thought leaders in early learning environments, while highlighting the best research- informed early childhood facilities, Alan has acquired a unique and holistic understanding of what to do and not to do in early learning settings. Through his own work designing early childhood facilities Alan has found innovative ways to apply this in depth knowledge. LESSONS LEARNED • Understanding the role of light wave length on a child’s health• The importance of the environment supporting the teacher’s needs – happy teachers are more equipped to nurture and engage students in a positive manner • The design needs to allow and support parent engagement.• Positive socialization, nurture and a healthy environment can impact neuro development and brain size• The need for multi-sensory learning• Biophilia and the role of nature in learning and cognitive development• The mind-body connection and the role of movement in fostering overall health and proper brain function for learning• The need for play and the benefi ts of risk taking in play• Room color, pattern and acoustics do matter. Sensory overload causes stress and inhibits learning and development. • According to Brain scientist Dr. John Medina, color does infl uence mood and there is an innate need for opportunities for social engagement and refuge • Design needs to support the pedagogy.• Opportunities for engaging the environment as the “Third Teacher”• How to address the unique requirements of safety and security in ECE Centers 103 Design focused on utilization of these key best practices to support the project goals: • Multi-sensory learning spaces - color, pattern and acoustics to minimize stress caused by sensory overload. Use of natural materials and neutral color pallet. Mechanical system operates at a very low sound levels, sound absorbing materials strategically placed. Operable windows to allows sounds of nature within the classroom. • Mind-body connection and how movement fosters overall health and proper brain function for learning. The design incorporates opportunities for movement throughout the building and site and incorporates project based learning inside and out for a comprehensive sensory experience. • Incorporating proper light wave length, color, and by engaging the environment as the “third teacher”, to nurture and increase positive socialization for neuro development in students. Daylight harvesting utilizes natural light in a manner that reduces high contrast yet allows access to the full spectrum wave lengths to foster circadian health • Design that supports the pedagogy and focuses on biophilia and the role of nature in learning and cognitive development as illustrated by indoor outdoor connections and the development of site based exploratory learning in a natural setting. • Safety and security for the ECE facility within an occupied campus • Student health - displacement ventilation, improved indoor. No red list materials, radiant fl oor heating for thermal comfort. • Gross motor room and site exploration to foster vestibular development. • Attention to classroom acoustics to reduce stress for teachers and students. • Design should foster socialization and community. Windows classroom to classroom connect students and staff. Places for families to gather. ECE DESIGN BEST PRACTICES - CASE STUDY Crawl Space: (5’) Allows for plumbing flexibility and distribution of displacement ventilation Displacement ventilation: Conditions the space that children and adults occupy. Lower CFM fosters healthier environment Embedded in Site: To minimize energy loss Sun Shading/Covered Outdoor Play: (Per childcare regulations plus reduces glare for occupants) Daylight Harvesting (Daylighting surfaces/wall & ceiling planes) Super Insulated Envelope: To minimize energy loss Intelligent Operable Windows: Integrated with mechanical/ventilation Vision Windows: Biophilic Design (Connection to Nature) Radiant Floor System: Allows for thermal comfort No Red List Materials: For occupant health Windows Connecting Classrooms: Fosters community and sense of place MMZ GROSS MOTOR BREAK OUTHALLWAY EVIDENCE BASED PROGRAMMING AND DESIGN The Alan Ford Architects’ team is passionate about keeping up-to-date with the latest research in brain based, whole child, movement and other 21st century learning principles. In doing so, AFA provides clients with the most informed design strategies. In 2012, Alan Ford led the fi rst ever conference solely focused on promoting best practices for designing early childhood facilities. That conference was the catalyst for this ECE Design for a confi dential client. Project design goals included: early childhood education and day care services for 114 students (infant through school age) to support campus faculty and staff, indoor and outdoor learning environments, sustainability goals of LEED Gold and Net Zero Energy consumption, and the opportunity to connect to the community at large. 104 ECE DESIGN BEST PRACTICES - CASE STUDY Photovaltaic Power: Demonstration PV, Full array to achive Net Zero Vision Windows: Biophilic Design (Connection to Nature Sun Shading/Covered Outdoor Play: (Per childcare regulations plus reduces glare for occupants) Daylight Harvesting (Daylighting surfaces/wall & ceiling planes plus provides light on two sides) Outdoor Learning Evriroment Foucused on sensory learniing Embedded in Site: Engage building in the context of the site while minimizing energry consumption No Red List Materials: For occupant health Vision Windows: Biophilic Design (Connection to Nature)Windows Connecting Classrooms: Fosters community and sense of place Daylight Harvesting (Daylighting surfaces/wall & ceiling planes) Radiant Floor System: Allows for thermal comfort Indoor Learning Evriroment Foucused on sensory learniing 105 Family Gathering: Fosters community and sense of place Security Vestibule: Monitored by staff for safety & security Daylight Harvesting and Views to Natural Environ- ment throughout the School Transparency: (Situational Awareness Community Play: Fosters community and sense of place Vision Windows: Biophilic Design (Connection to Nature) Retreat: Prospect & Refuge scaled to the child Daylight Harvesting and Views to Natural through- out the School Intelligent Operable Windows: Integrated with mechanical/ventilation Clear Site Lines: For Safety and Security 106 Exploratory Learning Pre-School Play Infant Play Toddler Play ECE DESIGN BEST PRACTICES - CASE STUDY Outdoor Learning Environments: • Exploratory Learning Play • Pre-school play adjacent to classroom with age appropriate multi-sensory learning including sound, texture and opportunities for creating and individual expression - gross motor skill development such as balance and movement of all types. • Toddler play area - Similar to pre-K • Infant Play -Focused on sensory learning. Water, sand, texture and limited movement. Exploratory Learning Play 107 Toddler & Infant Play Pre-School Play 108 The Sheltering Arms Early Education and Family Center project is inspired to provide the best of the program and design characteristics of the existing Sheltering Arms Head Start centers, along with influences from similar high-quality early learning centers across the country. The design goal was to signify an embrace of the Peoplestown community and the spirit of its citizens, and to create visual continuity to the Barack and Michelle Obama Academy, with which the early childhood center shares a site.A thoughtful design and plan were developed to accommodate the small, occupied site with the additional early education building, adjoining outdoor play spaces, and supporting parking for the urban neighborhood. This design solution was a two-story facility embanked into the natural hillside of the site that enable, on-grade access and play spaces to the classrooms on both levels.Reference OwnerBlythe Robinson, President & CEOSheltering Arms 404.523.2767 brobinson@shelteringarmsforkids.comProject InformationSchedule: Design completed May 2016; Construction completed September 2017Construction Costs: $7,164,350 Size: 27,050 SF building, 2.0 acres site, 17,150 SF playgroundEnrollment: 184 children ages six weeks to five years, 14 classroomsFirm RoleArchitect of Record, Design Architect Services Provided• Facility Needs Assessment and Space Programming• Site Development and Master Planning• Construction Cost Estimating• Facility Design: Architecture, Interiors, and Engineering• Landscape Architecture and Playground Design• Navigating Codes and RegulationsReference ContractorReed Weigle, Division Manager Brasfield & Gorrie678.581-6560 rweigle@BrasfieldGorrie.comSHELTERING ARMS EARLY EDUCATION &FAMILY CENTERFAMILY CENTERAtlanta, GA109 Omaha, NebraskaThe Early Learning Center at Gateway is a ‘sister’ program to that of the Early Learning Center at Skinner developed by the Buffett Early Childhood Fund and Omaha Public Schools partnership. The center’s 16 classrooms will also serve the early education needs of 164 young children ages 6 weeks to 5 years. The site’s topography provided a unique opportunity to minimize the building’s footprint by developing a two-story center with on grade access for the classrooms on both levels. In step with the design concept of connection to nature, all classrooms include direct access to an age-appropriate outdoor learning environment.Project Information Construction Costs: $7,230,000Size: 27,200 SF building, 21,200 SF playground, 3.8 Acres siteEnrollment: 190 children ages six weeks to five years, 16 classroomsSchedule: Design completed November 2014; Construction completed December 2015Reference OwnerGladys Haynes, Director-Nebraska Initiatives, Buffett Early Childhood Fund402.541.44707 | gh@buffettearly.orgReference ContractorDavid Cavlovic, Sampson Construction402.827.5600 davidc@sampson-construction.comEARLY LEARNING CENTER - GATEWAYFirm Role Architect of Record, Design ArchitectServices Provided • Facility Needs Assessment and Space Programming• Site Development and Master Planning• Construction Cost Estimating• Facility Design: Architecture, Interiors, and Engineering• Landscape Architecture and Playground Design• Navigating Codes and Regulations110 THE FRANKLIN SCHOOLSpartanburg, SCLocated in Spartanburg’s Northside, The Franklin School is an early learning facility offering high-quality education to children ages birth to five years. Reflective of the community’s focus on ensuring access to exceptional education, RDG’s design creates expansive, light-filled educational spaces where children can learn. Layout for the building is designed to mimic building blocks, with spaces dedicated to formal classroom and programmatic functions, and informal gathering interspersed throughout. A multi-colored glass-clad form rises above the building, defining the school as a place for young learners and a beacon of education in the community.Echoing the program’s continued growth, an exterior canopy stretches to the playgrounds, extending outwards to the community and building a relationship between interior and exterior learning environments to encourage learning beyond classroom walls. The building’s unique design offers inviting spaces for children to learn through discovery, promoting optimal brain and social development through creative, hands-on activities and play.Reference OwnerMolly Talbot-Metz, PresidentMary-Black Foundation 864.573.9500 metz@maryblackfoundation.org Project InformationConstruction Costs: $8,409,379Size: 28,550 SF building, 28,900 SF playground, 3.8 Acres siteEnrollment: 200 children ages six weeks to five years, 14 classroomsSchedule:Design completed September 2017; Construction completed November 2018Reference ContractorHootie Solesbee Harper General Contractor 864.398.4701Solesbee@HarperGC.com Firm Role Architect of Record, Design ArchitectServices Provided• Facility Needs Assessment and Space Programming• Site Development and Master Planning• Construction Cost Estimating• Facility Design: Architecture, Interiors, and Engineering• Landscape Architecture and Playground Design• Navigating Codes and Regulations111 Omaha, NebraskaThe Early Learning Center at Skinner is a continuation of the partnership between Buffett Early Childhood Fund and Omaha Public Schools to serve the early education needs of 164 young children ages 6 weeks to 5 years. The center’s 16 classrooms are arranged in neighborhoods following continuity of care concept of partnering infant-toddler classrooms with preschool classrooms where the children age through the program together. The designed environments are open and spacious, establishing connections between the inviting interior spaces with inspiring outdoor play areas. The arrangement of the outdoor environments directly adjacent to the classrooms enhances the extension of the learning to the natural outdoor environment. Inclusion of ample shade, sensory landscaping and water play the children discover many things to explore.Reference OwnerGladys Haynes, Director-Nebraska Initiatives Buffett Early Childhood Fund402.541.4477gh@buffettearly.orgProject InformationConstruction Costs: $6,450,000Size: 26,350 SF building, 21,100 SF playground, 2.4 Acres siteEnrollment:190 children ages six weeks to five years, 16 classroomsSchedule: Design completed November 2014; Construction completed December 2015Reference ContractorDavid CavlovicSampson Construction402.827.5600davidc@sampson-construction.comFirm Role Architect of Record, Design ArchitectServices Provided• Facility Needs Assessment and Space Programming• Site Development and Master Planning• Construction Cost Estimating• Facility Design: Architecture, Interiors, and Engineering• Landscape Architecture and Playground Design• Navigating Codes and RegulationsEARLY LEARNING CENTER - SKINNER112 UNIVERSITY OF NEBRASKA KEARNEY EARLY CHILDHOOD EDUCATION CENTERKearney, NENeeding to replace the current Kearney campus early childhood center, the University of Nebraska turned to RDG Early Learning Studio to program, master plan, and design their vision to integrate the early childhood program for the campus with a lab school function in support their early childhood education program for the College of Education, along with other academic departments. The state-of-the-art facility provides ample size, age-appropriate classrooms that replace the former facility that was a re-purposed academic building, expanding the enrollment capacity to 176 children, three times the size of the original to serve the accelerated growth of the campus community.Beyond the training of new early education teachers, the center’s location in central Nebraska positions it to provide professional development to early childhood providers in the surrounding rural communities, improving the quality of early education to many children.Reference ContractorScott Lockhard Hampton Enterprises402-489-8858slockhard@hampton1.comProject InformationSchedule:Programming began April 2016, Bid July 2018, Construction Complete December 2019 Construction costs: $5,330,450Size:19,900 SF building, 20,800 SF playground, 2.3 acres siteEnrollment: 176 children ages six weeks to five years, 11 classroomsReference OwnerAlan Wedige, Campus Architect, Facilities Management & PlanningUniversity of Nebraska-Kearney308.240.0473 awedige@nebraska.eduFirm Role Architect of Record, Design ArchitectServices Provided• Facility Needs Assessment and Space Programming• Site Development and Master Planning• Construction Cost Estimating• Facility Design: Architecture, Interiors, and Engineering• Landscape Architecture and Playground Design• Navigating Codes and Regulations113 PORTER-LEATH EARLY CHILDHOOD ACADEMY | FRAYSERMemphis, TNBuilding upon the success of their first Academy, Porter-Leath is establishing three more high quality Head Start/Early Head Start centers that will support their mission to empower the children and families of Memphis and change the trajectory of early education in the community. This second Academy in the Frayser neighborhood is inspired by the history of music in Memphis. The building design represents the composition of music through forms and vibrant colors, creating a visual fabric that define classrooms, group spaces, and play areas which engages the learning environment and shared community functions.Reference OwnerSean Lee, PresidentPorter-Leath901.577.2500slee@porterleath.comProject Information Schedule: Programming: January 2019; Design Began: March 2019; BidNovember 2019; Operational June 2021Size: Building - 35,415 GSF, Playground - 48,070 SF, Site - 6.5 Acres Construction Costs: $10,229,880Enrollment: 248 children, Ages 6 weeks to 5 years old; 16 classrooms Reference OwnerLogan Rogers Flintco, LLC 901.612.2885logan.rogers@flintco.comFirm Role Architect of Record, Design ArchitectServices Provided• Facility Needs Assessment and Space Programming• Site Development and Master Planning• Construction Cost Estimating• Facility Design: Architecture, Interiors, and Engineering• Landscape Architecture and Playground Design• Navigating Codes and Regulations• Sustainability114 REQUEST FOR PROPOSAL S Architecture & Engineering Design Team for the Burlingame Childcare Center Project # 2021-239 CITY OF ASPEN, COLOR ADO City of Aspen 130 South Galena Street Aspen, CO 81611 (970) 920-5000 www.cityofaspen.com Date Issued: October 22, 2021 Proposals Due: December 14, 2021, 2:00PM MDT DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 115 Burlingame Childcare Center Request for Proposals – Architect/Design Services Page 1 REQUEST FOR PROPOSALS Sealed proposals will be received at the City of Aspen Purchasing office, through the Bidnet Direct website (www.bidnetdirect.com) until 2:00pm (MDT), December 14, 2021, at which time the proposals will be opened and reviewed, for the following City of Aspen project: 2021-239 Architecture & Engineering Design Team for the Burlingame Childcare Center. The City of Aspen (“City”) is in the initial steps of a design process on city owned property within the Burlingame Ranch subdivision to develop a childcare center (“Project”). This Request for Proposals (“RFP”) seeks proposals for Architecture & Engineering (“A&E”) design team services in developing the Project. As currently conceived, the Project includes but may not be limited to development of a childcare center with some on-site housing. Design considerations include program development and sensitivities related to density, height and massing along with additional characteristics such as landscape, traffic and parking, neighborhood character, noise and air quality, energy efficiency & sustainability. There will be a mandatory, virtual pre-bid conference at 10AM (MST) on Tuesday, November 16, 2021. Complete RFP documents are available to download at www.bidnetdirect.com. Candidates must be registered to view the bid packages. There is no fee to register. Call 1-800-835-4603 if you need assistance registering. Proposals must be submitted by uploading to the Bidnet Direct website. The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or co pying any document, plan, specification, proposal or other writing submitted pursuant to this request. Candidates should identify any portion of their proposals which they consider confidential. Discussion may be conducted with responsible Offerors who submit Proposals determined to be reasonably susceptible to be selected for award for purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. In addition to price, the evaluation criteria set forth in the RFP shall be considered in judging which Proposal is in the best interests of the City. City of Aspen 130 South Galena Street Aspen, CO 81611 DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 116 Burlingame Childcare Center Request for Proposals – Architect/Design Services Page 2 Table of Contents 1.0 Introduction 3 1.1 Invitation to Proposers 3 1.2 Project Summary___ 3 1.3 Project Approach 3 2.0 Project Description 5 2.1 Process Summary 5 2.2 Project Site 5 2.3 Programming Expectations 6 2.4 Technical Studies 7 3.0 Scope of Services 7 3.1 Part 1: Conceptual/Schematic Design_____________________________________________ 7 3.2 Part 2: Support for the Land Use Application and review process_______________________ 8 3.4 Part 4: Approval Documents - recordation support__________________________________ 9 3.5 Part 5: Construction Documents_________________________________________________ 9 3.6 Part 6: Support for the Building Permit Application Process___________________________ 9 3.7 Part 7: Construction Administration______________________________________________ 9 3.8 Part 8: Project Closeout and Warranty Support_____________________________________ 9 4.0 RFP Process 9 4.1 Questions 10 4.2 RFP Schedule 10 4.3 Proposal Submission and Format_________________________________________________ 10 4.4 Evaluation Criteria_____________________________________________________________10 5.0 Proposal Requirements 10 5.1 Qualifications 10 5.2 Proposal Elements 11 5.3 Proposal Format 13 6.0 Owner’s Language 13 6.1 Interests of the City of Aspen 13 6.2 Insurance Requirements 13 7.0 Exhibits 13 7.1 Contracts 13 DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 117 Burlingame Childcare Center Request for Proposals – Architect/Design Services Page 3 1.0 Introduction The purpose of this Request for Proposals (RFP) document is to solicit complete architectural design services proposals from qualified firms or teams for the Burlingame Day Care Center project. 1.1 Invitation to Proposers Sealed proposals will be received at the City of Aspen Purchasing office, through the Bidnet Direct website (www.bidnetdirect.com) until 2:00pm (MDT), Tuesday, December 14, 2021, at which time the proposals will be opened and reviewed, for the following City of Aspen project: BURLINGAME CHILDCARE CENTER To allow the City of Aspen (Owner) to fully understand your firm or team’s intended approach to the project, carefully prepare a response based on the information required in this Request for Proposals. 1.2 Project Summary The City of Aspen desires to develop a mixed-use project on vacant property it owns within the Burlingame Subdivision/Planned Development. The programming for the site will include development of a childcare center with appropriate indoor and outdoor spaces, well designed multi-modal circulation for the site as well as some on-site housing intended for employees of the childcare center. The initial contract award for this RFP will include only Part 1 as categorized below and described in Section 3.0 Scope of Services. Additional portions of scope are anticipated to be added as additional services as the project moves forward. Part 1: Conceptual/Schematic Design (initial contract award) Part 2: Support for the Land Use Application and review process (future add services) Part 3: Design Development (future add services) Part 4: Approval Documents recordation support (future add services) Part 5: Construction Documents (future add services) Part 6: Support for the Building Permit Application Process (future add services) Part 7: Construction Administration (future add services) Part 8: Project Closeout and Warranty Support (future add services) 1.3 Project Approach Design and construct a project that fits the current character of the neighborhood and greater Aspen community, is sustainable and energy efficient (potentially Net Zero), allows for the building to be constructed in a timely manner, and proactively encourages multimodal access while minimizing potential vehicular impacts to the site and greater neighborhood. 1.3.A Objectives. Proposers shall include on their team firms or individuals qualified and licensed in the State of Colorado, and significantly familiar with City of Aspen building codes, amendments, and processes, to provide professional design or consulting services in the following disciplines:  The design of childcare facilities DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 118 Burlingame Childcare Center Request for Proposals – Architect/Design Services Page 4  Interior design for finishes  HVAC and mechanical engineering  Construction cost estimation  Mountain design experience  Structural engineering  Green communities standards and CORE guidelines  Parking/traffic consulting  Financial operational assessment  Project scheduling 1.3.B Collaborative Project Delivery. The City will pursue a collaborative project development team. The early formation of the group provides an open and collaborative process involving input from all parties – designers understand the ramifications of decisions when they are made, decisions are not made solely on a first-cost basis, time value design (estimated budgeting) allows for cost feedback and early total project cost commitments. The values we are looking for on this team are as follows:  Mutual respect and trust  Mutual benefit and reward  Collaborative innovation and decision making  Early involvement of key participants  Early goal definition  Comprehensive Planning  Open communication  Appropriate technology  Organization and leadership The collaborative project team will consist of the following:  City of Aspen staff  Architect/engineer design team  General contractor will be brought on board at appropriate time  Owners’ representative will be brought on board at appropriate time by the city  Commissioning agent 1.3.C Anticipated Schedule. A tentatively proposed project schedule is as follows:  Anticipated finalization of contract award: February 8, 2021  Conceptual Design: 6 weeks  Schematic Design: 6 weeks  Design Development/Land Use Process: 14 weeks if a One Step or 9 months if Major PD Amendment  Final Design CD: 12 weeks  Permits submission and review 36 weeks  Construction & Closeout: 10 months 2.0 Project Description DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 119 Burlingame Childcare Center Request for Proposals – Architect/Design Services Page 5 2.1 Project Summary The City of Aspen wishes to develop a mixed-use project on vacant property it owns within the Burlingame Subdivision/Planned Development. The programming for the site will include development of a childcare center with appropriate indoor and outdoor spaces, well designed multi-modal circulation for the site as well as some on-site housing intended for employees. The initial contract award for this RFP will include only Part 1 as categorized below in Section 3.0. Additional portions of scope are anticipated to be added as additional services as the project moves forward. 2.2 Project Site The subject site is described as Park Parcel C within the Burlingame Subdivision/PD and contains 37,502 sq. ft. of area that has street frontage along Harmony Road and Paepcke Road, the former being the primary road into and out of the subdivision, the latter currently a dirt road that will be improved as part of the construction being undertaken for Phase 3 of Burlingame. Adjacent to this parcel are two lots approved for single-family or duplex residential development, Lot 3 (4,542 sq. ft.) and Lot 4 (4,486 sq. ft.), all three totaling 46,530 sq. ft. of area that may be considered for development as part of the overall site plan. Figure 1: Vicinity Map Harmony Road Hwy 82 Childcare Site DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 120 Burlingame Childcare Center Request for Proposals – Architect/Design Services Page 6 Figure 2: Site Detail 2.3 Programming Expectations The city would like to develop the site with a day care facility meeting the following minimum requirements, as well as include a limited number of affordable housing units on the site. 2.3.A Childcare program. The childcare center is to include Licensing Rules – 7.702.6 equipment, and 7,702.71 building site. The facility shall include indoor space for at least 7 classrooms, each at least 600 sq.ft., reception, office, adult and child bathrooms, kitchen, laundry, storage, teacher break space, space for nursing mothers, parking and parent drop off space. In light of the pandemic, HVAC systems and air quality should be thoughtfully addressed in any design. The facility:  must have secure access.  must have ADA access. DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 121 Burlingame Childcare Center Request for Proposals – Architect/Design Services Page 7  infant and toddler rooms must have grade level access. No child under first grade can be cared for in areas above or below the main floor of exit, unless allowed by the building code and approved by the local fire department.  diapering areas must provide privacy and supervision, must be located on hard surface flooring.  food preparation must be prepared in the kitchen, or each classroom must have a separate sink for food preparation.  provide toilet facilities for adults that must be separate from children’s facilities. Toilet rooms for children must be separate from rooms used for other purposes.  does not need to provide toilet facilities for children under 2 years but must be provided for children over 2 years. Toilet rooms for toddlers must be located within the toddler classroom.  must provide diapering facilities within reach of a hand washing sink.  windows should be able to be darkened – but no cords.  must provide one exit from each room directly to the exterior of the building or to a common hallway – it may not go through another classroom to get to the hallway.  must have an automatic fire alarm system to warn occupants and to facilitate fire drills. 2.3.B. Outdoor space.  Fall zone material under any equipment that is over 18 inches tall, maximum height allowed is 6 feet for children ages 2.5 to 6, and 3 feet tall for children under 2.5 years.  Playground space must have at least 75 sq. ft. per child using the play area at one time, at least 1,500 sq.ft.  Playground fences must be at least 4.5 feet tall, playground needs to be easily supervised.  Playground space for infants and toddlers must be separate from a preschool playground. And must be at least 400 sq.ft.  Playgrounds must have at least 2 surfaces.  Playground must have at least 150 sq.ft. of shaded area. 2.3.C Site circulation.  The site plan needs to accommodate parent drop off and pick up, ideally one way with pullout spots. Multi-modal access is to be included in the design for walking and biking to the site in addition to vehicular access.  Appropriate levels (and code compliant) off-street parking to be provided on-site.  Emergency vehicle access needs to be incorporate din the design. 2.3.D Permitting requirements. Besides the typical building permit application and review process, where multiple departments and districts, such as the Aspen Fire district review the application, the construction documents are required to be reviewed by the state childcare licensing department. 2.3.E Housing Component. The housing component is proposed to consist of 4 dwellings, meeting the minimum unit size standards of the APCHA Regulations (based on bedroom count) and meeting city off-street parking requirements. These units are initially envisioned to be part of the childcare building, but the design team should develop a site plan that is well thought out and emphasizes the livability and enjoyability of the units that are in close proximity to one’s workplace. Aspenites enjoy an active lifestyle and a great environment, so storage considerations and outdoor living opportunities are a must with any design. DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 122 Burlingame Childcare Center Request for Proposals – Architect/Design Services Page 8 2.4 Technical Studies In addition to traffic and parking concerns that have been raised, the site contains steep slopes and a drainage basin that require consideration. A Level 2 Traffic Impact Analysis (TIA) will be required as part of the land use application submission. Additional information on the requirements of the TIA can be found at https://www.cityofaspen.com/DocumentCenter/View/2208/TIA-Guidelines. 3.0 Scope of Services 3.1 Part 1: Conceptual/Schematic Design The Part 1 Conceptual/Schematic Design scope is meant to first test out a minimum of two initial conceptual designs: one with housing and one without and otherwise propose a design than can accommodate the outlined programming. Once a design path is chosen, the goal is to prepare sufficient schematic design documentation to support the land use entitlements application and process. The proposal should include advancement of the technical studies needed to support the SD level of design completion. A component of Part 1 should be the engagement of the residents of the subdivision where the childcare center is proposed, engagement with the broader community, as well as with specific stakeholders. Coordination with the city’s communications department to build upon outreach that has started is necessary. At a minimum, the team should expect to coordinate one neighborhood meeting to discuss and receive feedback on the conceptual designs. A broader community meeting to discuss the same topic and disseminate information, as well as a work session with city council should be anticipated but will be finalized with the communications department. 3.2 Part 2: Support for the Land Use Application and review process In preparing the land use application, the Part 2 scope described here is meant to fill the detail gap to the extent needed to fulfill the requirements as described in the Aspen Municipal Code to submit a land use application. This is for the purpose of preparing the application for submittal and for supporting the development review and approval process. It is anticipated, at this point, that a city staff person will lead the lead the development of the application and be the application lead in the review process. It is anticipated that the SD deliverables will fall somewhat short of sufficient detail for the land use application. Filling the detail gap in this manner is proposed for time efficiency, rather than running through an entire DD process to reach the level of detail needed to submit the initial land use application. During the land use review process, architect will lead the A&E design team to coordinate responses to questions and comments from one meeting to the next throughout the review process, through completion. Depending upon the quality, completeness, level of regulatory compliance and community uptake of the application submitted, this process can require numerous iterations to reach completion. Assume the following Public Meetings to Support the Land Use Entitlements Process: • Assume 3 Public Meetings with City Council • Assume 4 Public Meetings with the Planning and Zoning Commission Assume each public meeting shall consist of one 3-hour in-person meeting. Include preparation for presentation and staff as appropriate. DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 123 Burlingame Childcare Center Request for Proposals – Architect/Design Services Page 9 Please review the requirements in code chapter 26.445, Planned Development, and estimate the level of effort needed to fill the gap as described and to produce exhibits as needed for the land use application. Also estimate the time needed to support the land use review process. These deliverables will be in addition to typical SD deliverables and should be customized for the application. 3.3 Part 3: Design Development It is anticipated that the DD process should begin immediately after the land use application is accepted by the City of Aspen Community Development Department. The Part 3 Design Development scope consists of typical AIA DD Scope of Work as per Article 3 of the attached contract. An additional presentation to Aspen City Council will be necessary during this part of the process to continue to seek approval as the designs are advanced and as more information about the project is made available. Weekly project team meetings and additional follow-up meetings to support the DD process should also be anticipated. 3.4 Part 4: Approval Documents- recordation support After the project has been approved by the required boards and commissions, it will be necessary to begin Part 4 and produce the documentation to memorialize the site-specific approval. Such documentation typically requires production and recording of the approved site and landscape plan, representative architecturals, as well as initial engineering which will memorialize the approved project. 3.5 Part 5: Construction Documents The Part 5 Construction Documents scope consists of typical AIA CD Scope of Work and Bidding and Negotiation Services as per Article 3 of the attached contract. 3.6 Part 6: Support for the Building Permit Application Process Preparation of CD documentation should be aimed specifically at satisfying the building permit application process and should include production of ALL BUILDING PERMIT APPLICATION MATERIALS required for building permit application submittal. Information about the building permit application requirements and process are available at the City of Aspen website. The architect shall perform the building permit application submittal process through the required regulatory application process. Architect shall work toward final acceptance of all building permit application materials by such regulatory department staff. During the regulatory review process, architect will lead the A&E design team to coordinate responses to regulatory questions and comments throughout the regulatory review process, through completion and issuance of building permits. Depending upon the quality, completeness and level of regulatory compliance of the application materials submitted, this process can require numerous iterations to reach completion. 3.7 Part 7: Construction Administration Weekly project team meetings and additional follow-up meetings to support the design effort should be anticipated. The Part 7 CA scope consists of typical AIA CA Scope of Work and Bidding and Negotiation Services as per Article 3 of the attached contract. DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 124 Burlingame Childcare Center Request for Proposals – Architect/Design Services Page 10 3.8 Part 8: Project Closeout and Warranty Support The Part 8 Project Completion scope consists of typical AIA CA Scope of Work and Bidding and Negotiation Services as per Article 3 of the attached contract, however it is anticipated that a 2-year warranty period will be necessary and that support for ongoing warranty issues will be required throughout the warranty process. Project team meetings would only occur occasionally and would be scheduled in an ad hoc manner during this time. 4.0 RFP Process Sealed proposals will be received at the City of Aspen Purchasing office, through the Bidnet Direct website (www.bidnetdirect.com) until 2:00pm (MDT), December 14, 2021, at which time the proposals will be opened and reviewed, for the following City of Aspen project: 2021-239 Architecture & Engineering Design Team for the Burlingame Childcare Center. The selection process will consist of proposal evaluations by the selection committee, and Proposers will be notified of further process thereafter. In addition to price, the evaluation criteria set forth below may be considered in judging which Proposal is in the best interests of the City. 4.1 Questions Candidates should post pertinent questions on the Bidnet Direct website, www.bidnetdirect.com, no later than December 1, 2021. Answers will be posted online for all Candidates to review. It is the Candidate’s responsibility to check the website for Q&As, addendums, RFP Clarifications, and other important information. A mandatory, virtual pre-bid meeting is required. Use the following link to join the pre-bid conference call on Tuesday, November 16, 2021, at 10:00 am (MST). https://global.gotomeeting.com/join/738591653 You can also dial in using your phone. United States: +1 (571) 317-3112, Access Code: 738-591-653 4.2 RFP Schedule At this time, the following process and timeline is anticipated. The City reserves the right to modify the process or timeline: RFP Issued October 22, 2021 Pre-Bid Conference November 16, 2021, 10:00AM RFP Questions Close November 30, 2021 Proposals Due December 14, 2021, 2:00PM Intent of Award by mid- January 2022 4.3 Proposal Submission and Format Electronic submission is to be uploaded on the Bidnet Direct website, www.bidnetdirect.com. The electronic submission must be compiled into a single PDF document plus the unprotected Excel workbook of hourly rates, DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 125 Burlingame Childcare Center Request for Proposals – Architect/Design Services Page 11 hours and fees. Please reduce file size to the extent possible. The name of the documents must contain the City project number and firm’s name. Proposals are due by: 2:00pm (MDT), December 14, 2021. 4.4 Evaluation Criteria The City of Aspen reserves the right to select the proposer that it deems, in its sole discretion, to have presented a proposal that is in the best interests of the City of Aspen. In addition to price, the evaluation criteria and weightings listed below may be considered in judging which Proposal is in the best interests of the City of Aspen and are subject to change by the selection committee based on the best interests of the City of Aspen: 30% Response to section 5.1 Lead Firm and Team Qualifications 30% Response to section 5.2 Relevant Project Experience 10% Response to section 5.3 Additional Expertise Sought 30% Response to section 5.4 Proposed Hours and Fees, Schedule, Contract, Insurance 5.0 Proposal Requirements 5.1 Qualifications Firms/teams responding to this RFP must show organizational and financial capability on similar projects. 5.1.A Overview of the Firm/Team. Please provide the following items: 1) Please provide your firm’s qualifications via AIA Document B305, Architect's Qualification Statement. 2) Please provide a description of your firm’s financial history including:  Whether your organization is in the process of filing or has filed bankruptcy within the last five years.  A letter from you firm’s financial institution noting your firm’s financial stability. 5.1.B Relevant Team Experience. Please provide a list of projects relevant to the program described in this RFP and include the following information:  Size and dollar value of each project.  Contact person and phone number for the Owner and Contractor, or other relevant references for each.  Relevant project experience focused on similar recent municipal and historical structure projects.  Emphasis on projects located in a mountainous setting, specifically projects in Aspen and/or Pitkin County.  Familiarity and experience with sustainable design (including LEED certification and Net Zero design).  Detailed outline of project scope as well as your firm’s specific scope of services provided.  Identify if your firm was the Design Architect or Architect of Record for each of the relevant projects listed. 5.1.C Design Capabilities. Please describe in detail the firm/team’s overall design capabilities as they relate to each phase of the process. 5.1.D In-House Personnel Dedicated to the Project. Present the qualifications of the in-house design team leader and the design team members as follows:  Proposed role and decision-making capabilities for this project.  Current resume.  List of projects completed by this individual including specific scope of work.  Owner and General Contractor contact person and phone number for each project listed.  Key qualifications that make this individual an ideal fit for this project. DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 126 Burlingame Childcare Center Request for Proposals – Architect/Design Services Page 12  Number of hours per week this individual will be dedicated to this project during the design phase (you may refer to section 5.2.C).  Number of hours per week this individual will be dedicated to this project during the construction phase (you may refer to section 5.2.C). 5.1.E Consultants/Engineers. Please list all proposed consultants & engineers referenced in the fee worksheet. Summarize the work the firm will contribute to the project and how each consultant/engineer is a value add to this specific project. For each consultant/engineer, include the following information:  Firm Name  Address  Contact Name, Phone Number & Email Address  Firm’s Website Address 5.2 Proposal Elements 5.2.A Acknowledgement of Scope of Services. 1) Please summarize/verify your understanding of the scope of services requested in this RFP as well as described in the contract. 2) Describe how your firm/team will approach and execute each section of the scope of services and describe how your firm/team can add value to the services requested to create a successful project. 3) Please also describe what elements of efficiency your firm/team will bring to the project approach in order to help the City of Aspen best utilize funds and make suggestions in each area of the approach on what your firm will do to ensure that the intended outcomes of the project methodology are reached. 5.2.B Fee Worksheet. 1) Fees: Please complete the included fee worksheet. In doing so, please submit lump sum fees to provide the services requested by phase as categorized in the fee worksheet. 2) Reimbursables: Clearly identify all categories of reimbursable expenses, their proposed percentage of markup, and anticipated cost. Use comments as needed. The Owner expects to include the reimbursable amount proposed in the final design contract as a top-set to be billed against. Candidates are to assume detailed backup of reimbursable costs will be required with each invoice. 5.2.C Detailed Schedule. 1) Prepare a detailed suggested schedule, based on the design process, that will meet the constraints described in section 1.3.C. and describe the level of effort of each individual or role throughout each phase of the schedule and how, in each phase, your firm/team will integrate with the team. 2) Please illustrate the billing rates associated with each individual or role and the amount of effort by each so that it will be clear how the overall pricing in the fee worksheet has been built up to reach the total for the proposal. 5.2.D Design Process Coordination / Quality Control. Describe how your firm/team will coordinate work during each phase of the schedule and what your firm/team will do to ensure quality. Include the amount of travel and frequency of on and off-site meetings and conference calls suggested for the project. DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 127 Burlingame Childcare Center Request for Proposals – Architect/Design Services Page 13 5.2.E Additional Requirements. In addition to the scope of services described in this RFP and the services described in the attached contract, be sure that the proposal also addresses the following: 1) The City of Aspen requires that the selected firm/teamwork as part of the Design team to develop an efficient, sustainable design that exists in harmony with its surrounding environment and shall meet the functional and constructability requirements of a properly completed project. 2) The design team is expected to support the construction cost estimating effort as needed with the General Contractor, Owner’s Agent and Commissioning Agent throughout the design process. 3) During each phase of the design process, the design team will be responsible for presenting the project design to City of Aspen stakeholder groups and Aspen City Council. The intent of these stakeholder sessions will be to provide updates and to receive (and to incorporate to the extent possible within the City’s goals and objectives) feedback about the project’s design. Specify in your proposal what level of sketches, renderings, graphics or modeling your proposal includes at each phase and describe how each will be sufficient for presentation at each phase. 4) The design team will be responsible, along with the Contractor at Risk and Owner’s Agent, for presenting documentation that supports the Contractor’s GMP bid for the project to Aspen City Council. 5) Your firm should assume general responsibility for all aspects of sustainable design. 6) The selected firm will be required to execute and perform work subject to the attached AIA B132 form of agreement between the Owner and Architect and the AIA A201- 2007 General Conditions. Please make the necessary arrangements with your legal and insurance teams to accommodate this request. The contract documents included provide a working framework for the overall project approach and should be considered part of the scope of work required by this RFP. All contents of proposals received are in the public domain and all material is likely to be published in recommendations of award etc. If ANY information contained within your proposal is deemed sensitive or confidential, please indicate this clearly and CoA will strive to retain this Confidentiality. 5.3 Proposal Format Preferred electronic format is a single .pdf of your firm’s complete response. The fee schedule is to uploaded as a separate document. So that the selection committee may most easily reference sections and pages of the proposal, please number all pages and provide tab sheets to separate sections and provide an index or table of contents. Proposals submitted in response to this solicitation are irrevocable for 60 days following the due date of the proposals. This period may be extended by written agreement between Respondent and the City of Aspen. 6.0 Owner’s Language 6.1 Interests of the City of Aspen The City of Aspen reserves the right to reject any or all Proposals or accept what is, in its sole judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to modify this RFP process as it sees fit or waive any technical defects or irregularities in any and all Proposals submitted. DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 128 Burlingame Childcare Center Request for Proposals – Architect/Design Services Page 14 The successful Respondent is prohibited from assigning or subcontracting the whole or any part of the contract without the prior written consent of the owner. 6.2 Insurance Requirements Refer to the attached AIA B132 form of agreement between the Owner and Architect and the AIA A201- 2007 General Conditions contract attachments for insurance requirements. 7.0 Exhibits 7.1 Contracts AIA B101 Agreement between the Owner and Architect AIA A201- 2007 General Conditions. B305 - Qualifications Statement DocuSign Envelope ID: 8E03A24B-0C58-4A5D-818B-F45352DB2D72 129 Exhibit C 130 Exhibit C 131 Exhibit C 132 1/ 1 March 4, 2022 Assumptions for the L+S/AFA/RDG Fee Exhibit for the Burlingame Early Childhood Education Center, Aspen project 2021-239: • The base services project is 8000sf of childcare center. Our fee caps the childcare center at 8000sf per the RFP. That is a smaller childcare center, and if, through programming, it becomes larger, our fees will revise up. Our contract indicates that we can revise by 10%, so 8800sf. • We may need the residential lots adjacent to park parcel C in order to make this child care center work, regardless of the inclusion of housing. We have created some test fits to show how challenging this will be. It is not impossible, just raises the question. A project using only park parcel C might end up a bit under parked, steeply grade d, and posing some firefighting questions. • Housing may or may not be included for up to an additional 4000sf. We assume this will likely be on a 2 nd or 3rd floor. We have broken out line items for fee for housing for all team members impacted. This includes architecture, MEP, structure, acoustics and tech. Civil, landscape, planning, etc – all do not feel this has impact on their fee. We understand the options as ECE Only or ECE+Housing. We do not offer the housing fee as a stand-alone project proposal. Also, we assume that it is likely that we are reviewing ECE+Housing for phase 1 and then making a choice about which way to proceed moving forward after phase 1. Please confirm that is your understanding as well. • We assume this site will need retaining walls in order to provide the site amenities necessary for a childcare center. This will be true whether or not we include the two housing lots, but the amount of retainage increases if we are confined to only park parcel C. At this time, we do not have a Geotechnical report. If that data comes back creating “above & beyond” complexities to the structural design, we will need to address that in additional services. The site wall designs are all unknown at this time, but we assume there will be a few. We were assuming we would work through these from the structural end, but if anything gets beyond standard concrete wall and footing, like permanent soil nailed/micropile walls that require a 3rd party design, that type of structural solution is excluded from our fee. • Our team fee does not include any sustainability certification at this time. (WELL/Living Building/Etc – those would be additional fees). • Civil and landscape have assumed that they will need to incorporate the re -design planned improvements currently designed on park parcel C. i.e. – the current water treatment system planned for that lot will be a part of our our design. Landscape Arch will be responsible for the concept and rough grading. Civil will be responsible for re -engineering the water quality systems after landscape does the first pass. We assume these open ponds will need to become subgrade, urban type systems due to site constraints. It’s not clear how the path will be re-routed. • Once our contract documents are 100% complete they will be noted as “Not for Construction” If/when the documents are utilized for bidding and construction, we expect (for insurability and standard of care reasons) that our team will be engaged for the construction administration phase (at the level of construction adm inistration services as described within the standard AIA contract). • We assume we will be developing a program without the assistance of a provider. If program or design changes after schematic design is 50% complete, fees may need to be adjusted. • Geotechnical information will be provided by City no later than early design development phase . • We assume the budget will be established at a high level during the concept phase and finalized prior to proceeding into DD. This can be through our add/alt cost estimating, but if not, we assume the owner will provide the budget at these times. 133 MEMORANDUM TO:Mayor and members of City Council FROM:Ron LeBlanc, Special Projects Manager THROUGH:Sara Ott, City Manager MEMO DATE:March 6, 2022 MEETING DATE:March 8, 2022 RE:Resolution approving Sister Cities Relationships with Seven Existing Sister Cities REQUEST OF COUNCIL: The Sister Cities Committee is requesting City Council approval of the attached resolution. SUMMARY AND BACKGROUND: The City of Aspen has a long history of participating in the Sister Cities International program. The seven cities are Garmisch-Partenkirche, Germany, Davos, Switzerland, Chamonix, France, Shimukappu, Japan, Queenstown, New Zealand, San Carlos De Bariloche, Argentina, and Abetone-Cutigliano, Italy. The attached resolution details this history. DISCUSSION: Over time, changes in the membership of the Sister Cities Committee, as well as, turnover of city officials and staff have created a situation that could benefit from improved documentation and a re-statement of City Council public support for these Sister Cities relationships. The attached resolution was submitted for City Council consideration by the Sister Cities Committee. FINANCIAL IMPACTS: There are no financial impacts resulting from approving this resolution. However, this City Council and future City Councils could consider appropriating funds in support of these efforts. There is usually staff time associated with this program that varies over time dictated by the needs of the Sister Cities Committee. ENVIRONMENTAL IMPACTS: There are no environmental impacts associated with this activity. ALTERNATIVES: (1) approved the attached resolution as presented; (2) modify resolution before approving; or (3) take no action. RECOMMENDATIONS: Staff recommends approval of the resolution as an application of Best Management Practices to update and consolidate several approvals into one action item. CITY MANAGER COMMENTS: 134 RESOLUTION # 44 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING SISTER CITIES RELATIONSHIPS BETWEEN THE CITY OF ASPEN AND THE CITIES OF GARMISCH- PARTENKIRCHEN, GERMANY; DAVOS, SWITZERLAND; CHAMONIX, FRANCE; SHIMUKAPPU, JAPAN; QUEENSTOWN, NEW ZEALAND; SAN CARLOS DE BARILOCHE, ARGENTINA; AND ABETONE-CUTIGLIANO, ITALY. WHEREAS, Sister Cities International (SCI) was created at President Eisenhower’s 1956 White House conference on citizen diplomacy and Eisenhower envisioned an organization that could be the hub of peace and prosperity by creating bonds between people from different cities around the world and by forming these relationships, President Eisenhower reasoned that people of different cultures could celebrate and appreciate their differences and build partnerships that would lessen the chance of new conflicts; and WHEREAS, SCI’s mission is to promote peace through mutual respect, understanding, and cooperation - one individual, one community at a time and its mission reflects our belief in the power of personal connections and since its inception, SCI has worked to create global relationships based on cultural, educational, and trade exchanges; and WHEREAS, All Sister Cities’ participants develop and continue to develop lifelong friendships that provide prosperity and peace through person-to-person “citizen diplomacy”; and WHEREAS, Aspen Sister Cities’ (ASC) mission is to share ideas and cultures through the international exchange of students and community members throughout Aspen and the greater Roaring Fork Valley, and in support of our mission statement we will reinstate and energize our previously successful programs, and we will investigate the expansion of new programs according to the agreed upon needs and interests of each Sister City; and WHEREAS, Garmisch-Partenkirchen, Germany located in Bavaria in the northern end of the European Alps, with breathtaking panoramic views and a premier summer and winter resort industry, became Aspen’s first formal Sister City on September 6, 1966; and WHEREAS, Davos, Switzerland, the highest town in Europe with the largest mountain resort known for its spas, ice skating and skiing, became Aspen’s second formal Sister City on January 7, 1987; and 135 2 WHEREAS, Chamonix also known as Chamonix-Mont-Blanc, France, the birthplace of alpinism and the mountaineering capital of Europe, boasting Europe’s tallest mountain and the site of the first Winter Olympics in 1924, became Aspen’s third formal Sister City on June 22, 1987; and WHEREAS, Shimukappu, Japan and the ski resort area of Tomamu, both located on the island of Hokkaido, featuring all-season adventure activities and gorgeous year- round scenery with colorful fall foliage, became Aspen’s fourth formal Sister City on November 9, 1991; and WHEREAS, Queenstown New Zealand, located on the shores of Lake Wakatipu in the southern half of the South Island, with incredible indigenous flora and a vibrant international community known for its mining, farming, skiing and other outdoor activities, became Aspen’s fifth formal Sister City on March 19, 1992; and WHEREAS, San Carlos de Bariloche, Argentina, located near the Andes Mountains and surrounded by Nahuel Huapi National Park and its lake, serving as the gateway to Patagonia and offering a large variety of year-round outdoor activities including skiing at Cerro Catedral, the largest ski area in South America, became Aspen’s sixth formal Sister City on November 14, 2002; and WHEREAS, Abetone-Cutigliano, Italy, located in the region of Tuscany and encompassing the most important ski area in the Apennines Mountains, sharing a historical bond with the 10th Mountain Division of the U.S. Army who liberated the region during WWII and like Aspen, is named after a beloved local tree, became Aspen’s seventh formal Sister City on May 12, 2015; and WHEREAS, The City of Aspen has heretofore resolved to be Sister Cities, with all the privileges and duties pertaining to such status with Garmisch-Partenkirchen, Germany; Davos, Switzerland; Chamonix, France; Shimukappu, Japan; Queenstown, New Zealand, San Carlos de Bariloche, Argentina; and Abetone-Cutigliano, Italy; and all agree to recognize Aspen as one of their Sister Cities and recognize Aspen’s affiliation with SCI; and WHEREAS, The Sister Cities listed above and including Aspen, Colorado, all of which have similar structures and purposes, are reaffirming the relationship between mayors and their city governments and agree to continue to develop exchanges which include: economic stability; cultural, educational, technical and informational activities; community participation and service; and environmental awareness; and WHEREAS, All of Aspen’s Sister Cities share a common economic base through skiing, other winter and summer sports, the arts, diverse cultures, and all communities share a love for the mountains and a strong concern for the natural environment which is our greatest single resource; and 136 3 WHEREAS, Our respective city leaders recognize the value in an exchange of friendship, concepts and ideas, and are committed to continuing a formal Sister Cities relationship in an effort to further solidify our cities’ commonalities, bonds and commitment to future generations of youth and adults who will benefit from this cultural unity; and WHEREAS, Aspen and its Sister Cities pledge to mutually promote any form of exchange benefitting the prosperity of both cities and the well-being of their citizens, and seek to preserve the integrity and atmosphere of their culture while simultaneously promoting a healthy economy; and WHEREAS, The ASC committee, formed in January 1987, consists of an appointed Board of Directors responsible for working directly with Aspen’s Mayor and its City Council to ensure our Sister City relationships and programs endure; and WHEREAS, in Aspen, to illustrate the interests and commitment to preserve and further Sister City relationships, the responsibility for carrying out programs with its Sister Cities will be with the Aspen Sister Cities’ Board of Directors to discuss and evaluate at monthly meetings all aspects of its partnerships with our Sister Cities; and to make recommendations to the Mayor and City Council of Aspen, other governmental agencies, and/or other private organizations; and 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 the Sister Cities relationships between the City of Aspen and the cities of Garmisch-Partenkirchen, Germany; Davos, Switzerland; Chamonix, France; Shimukappu, Japan; Queenstown, New Zealand, San Carlos de Bariloche, Argentina; and Abetone-Cutigliano, Italy. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the _____ day of ___________ 2022. ______________________________ Torre, Aspen 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 Aspen, Colorado, at a meeting held ___________, 2022 _____________________________ Nicole Henning, City Clerk 137 Page 1 of 2 MEMORANDUM TO: Mayor and Council Members FROM: Chris Everson, Affordable Housing Project Manager THROUGH: Rob Schober, Capital Asset Director MEMO DATE: March 14, 2022 MEETING DATE: March 22, 2022 RE: Resolution #045 of 2022 – Contract Amendment for Extended SD Services & Sustainability Implementation, Lumberyard Design Team REQUEST OF COUNCIL: Staff is requesting approval of Resolution #045 of 2022 and the associated contract amendment to extend SD design services. BACKGROUND: On July 27, 2021, Aspen City Council approved a contract with Cushing Terrell as architecture and engineering (AE) design team for the Lumberyard affordable housing development. The contract was amended in December 2021, and includes the following: Existing Cushing Terrell Contract, Aspen City Council 7/27/2021: $695,728 Add Services #1, Financing & Devlpmt. Consulting, CMO 10/24/2021: $49,544 Add Services #2, Transportation Analysis, City Council 12/14/2021: $76,365 Current Contract Total: $821,637 DISCUSSION: Based on Council direction, approval for the following additional services is needed: Extended SD: The agreed schedule for 100% SD was March 2021 and is now extended to May 2022. The team has had to extend the SD process into May. In addition to agreed 310-unit count, additional design services to create a competing, alternate plan with a reduced unit count, reduce building mass, reduce parking bas ed on reduced unit count, reduce appearance of overall height. Extended schedule from March to May 2022, including additional presentation to City Council. Sustainability Implementation: Based on direction from City Council, in pursuit of Enterprise Green Communities Plus Zero Energy Ready Home Certification (including WELL certifications). Additional stretch goal research on Net Zero and Low Carbon energy modeling. Additional services by Cushing Terrell and Group14 Engineering. Group14 will be covering much of the scope related to EGC+ and ZERH; Cushing Terrell will provide coordination and implementation of innovative strategies into the design. Cushing Terrell will provide enhanced energy modeling and documentation in support of EGC+ certification and Net Zero and Low Carbon energy modeling in support of the identified stretch goals. 138 Page 2 of 2 FINANCIAL IMPACTS: An updated summary of the Cushing Terrell contract is shown below. Future parts of scope are intended to be added to the contract by written amendment as the project moves forward. Existing Cushing Terrell Contract, Aspen City Council 7/27/2021: $695,728 Add Services #1, Financing & Devlpmt. Consulting, CMO 10/24/2021: $49,544 Add Services #2, Transportation Analysis, City Council 12/14/2021: $76,365 Current Contract Total: $821,637 Add Services #3, Extended SD & Sustainability Implementation: $145,840 Updated Contract Total: $967,477 Future contract scope parts are expected to be added to the Cushing Terrell contract when appropriate. RECOMMENDATIONS: Staff recommends approval of Resolution #045 of 2022 and the associated contract amendments. CITY MANAGER COMMENTS: EXHIBITS: Exhibit A: Cushing Terrell Add Services AIA G802 Contract Amendments 139 RESOLUTION #045 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT AMENDMENT BETWEEN THE CITY OF ASPEN AND CUSHING TERRELL, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Contract Amendment between the City of Aspen and Cushing Terrell, 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 the Contract Amendment between the City of Aspen and Cushing Terrell, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said Contract Amendment on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 22nd day of March, 2022. 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 March 22, 2022. Nicole Henning, City Clerk 140 141 142 143 144 1 SPECIAL MEETING ASPEN CITY COUNCIL MARCH 7, 2022 At 5:30 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein, and Mesirow present. Absent was Councilor Richards. Mayor Torre said the purpose of the special meeting is the city manager, Sara Ott’s, review. Council has been working on preparing a review letter preparing an official statement of strengths and goals for the next year. This is chance to finish up this work in public forum upon Ms. Ott’s request. He wants her goals to be achievable and realistic. Ms. Ott said she requested this to be a public meeting as opposed to an executive session. This is a valuable transparency exercise, and she’s open to discuss any portion of this review. Mayor Torre said they are ahead of the game in large part due to Ms. Ott’s work. We value her financial management, ability to build external relationships, leadership and personnel management, and prioritization of council goals. We want to continue to improve communication and are still working on that as a carryover goal to improve council and city communications. They are looking for her to use active listening and summarizing skills and looking for commonality. Listening to individual input from council members and weave that into considerations. Ms. Ott requested how the council will focus on how they conclude their discussions and direction being given to staff. She wants more information on council relationships. Mayor Torre said they are trying to refine how you want to receive direction. We’ve asked for your help in refining these processes and how we can make this better. Councilor Hauenstein feels that self-governance is where he draws a line. He spoke about rules of engagement. One of his concerns is to implement policy and not direct the council. It’s our responsibility to clarify how we relate to each other and what our relationships are with city staff. This is our joint responsibility. Communications are always a difficult thing, and he doesn’t feel the city manager should be directing council on these areas. Councilor Doyle agrees with Councilor Hauenstein. Being a part of this review was not easy. He’s learning a lot, but he thinks the city is run like a well-oiled machine due to Ms. Ott’s leadership. Councilor Mesirow said we have room for improvement, and this is a council led discussion and we’re asking for Ms. Ott’s partnership. Mayor Torre said they have started drafting some working agreements. Councilor Hauensteinsaid he thinks they would benefit from working with a facilitator specialized in working relationships. Mayor Torre doesn’t feel the same. A lot of the ground rules and regulations are out there, and we just need to follow them. Mayor Torre spoke about their goals and expectations, and he read some comments from Councilor Richards since she was absent. Ms. Ott asked for clarification on social media accounts. Mayor Torre said that was a communication issue and maybe was a comment from an individual and not the group. Maybe this has to do with protocols on how we use social media and how we don’t. 145 2 SPECIAL MEETING ASPEN CITY COUNCIL MARCH 7, 2022 Councilor Hauenstein said he wants more communication as to what the mood and stress levels are of staff. Ms. Ott explained an exercise called “fasten your seatbelts” and she’s finding that staff is burning out due to the market changes and labor market and this needs to be a focus this year or our success gained from the class and comp study will be lost. Mayor Torre said they will work on cleaning up the language of the document together. Councilor Mesirow applauded Ms. Ott for doing this publicly. City Attorney, James R. True, introduced the executive session regarding the city manager review and contract negotiation regarding the city manager. Councilor Hauensteinmotioned to move into executive session; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Torre, yes. 4-0, motion carried. Mr. True pointed out that they would move into executive session and adjourn the meeting from there. _____________________________ Nicole Henning, City Clerk 146 1 REGULAR MEETING ASPEN CITY COUNCIL MARCH 08, 2022 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein, Richards, and Mesirow present. Mayor Torre announced a proclamation regarding Aspen standing with Ukraine and read aloud. He introduced the Honorable Dr. John Vytautas Prunskis,consulate from Lithuania. Dr. Prunskis said the last time he spoke; Mick Ireland was mayor, and it was asked at the time why we have a Lithuanian ambassador in Aspen. The ambassador at that time was a skier and he recognized the importance of Aspen. Hilary Clinton was the Secretary of State at the time and had to sign off on that relationship. Lithuania is an ally of Ukraine for centuries and is a mouthpiece for Ukraine. This is a fantastic proclamation. Lithuania and Aspen now stand in solidarity together. Paul Marks is a resident of Aspen along with his wife Anna, who is Ukrainian. They are planning a solidarity rally this Saturday at 4:30 in Paepcke Park. Anna’s mother is in Ukraine and is too sick to travel. Paul has written two letters to the editor with a .com website for raising funding. Dr. Prunskis thanked the Aspen city council and introduced Mr. Marks. Mr. Marks reiterated the rally and thanked everyone. This is an opportunity to speak and join together for the people of Ukraine. Please wear colors of blue and yellow. We hope we can get a nice attendance. He is seeking to promote this through the local papers. Councilor Hauensteinsaid his heart goes out to people in Ukraine and to the courage the people have shown. Councilor Richards said thank you for being here and representing council. Her heart and prayers are with their people. Councilor Doyle said we all stand with the Ukrainian people. CITIZEN COMMENTS: None. COUNCILMEMBER COMMENTS: Councilor Doyle said hewould like to share his personal disappointment with Gorsuch Haus and the way things turned out. Councilor Mesirow said he has struggled the last few years with the changing dynamics in town. He went to Big Sky this past weekend, but it really gave him perspective and appreciation for how much we have. I was reminded of how blessed we are. Councilor Hauenstein said he also felt a sense of betrayal regarding the Gorsuch Haus. A Russian developer purchased it, and we can’t do anything but express our feelings on this transfer. He skied this weekend at Hunter Creek, and it was an adventure. All of our hearts go out for Ukraine. He doesn’t have the words for it. Councilor Richards saidwhat happened with the Gorsuch proposal is very sad. She’s very disappointed by the people who told our community that this is for the locals. We’ve all been stunned by what’s happened in Ukraine. It’s a very dangerous time for everyone. 147 2 REGULAR MEETING ASPEN CITY COUNCIL MARCH 08, 2022 Mayor Torre said people can choose to use less foreign supply oil right now. Drive less. As for Gorsuch Haus, he has one idea, perhaps returning some of the taxpayer money to the community would be a good idea. He mentioned mental health and a hope to keep this in the fore front of our thinking. Aspen Hope Center is 925-5858 and Aspen Strong are always available. Aspen History 101 is going on tonight at the Wheeler Opera House at 5:30 p.m. and that is a free show and then Aspen Extreme at 7:30 p.m. AGENDA AMENDMENTS: None. CITY MANAGER COMMENTS: None. BOARD REPORTS: Councilor Doyle and Mayor Torre went to CAST where they spoke about House Bill 22 and affordable housing tax credit. There is also an extended producer responsibility law being introduced later this month. He said he handed out flyers regarding our moratorium said he was thanked for providing the information. The mayor of Breckenridge thanked us for taking the lead on the moratorium and showing other cities what leadership looks like. Councilor Mesirow had APCHA and spoke about a pilot program and looking at a right sizing pilot in Burlingame 3 and limited number of units in affordable housing stock. They spoke about senior housing as well. Councilor Richards, she had a Reudi Power and Water retreat where they discussed issues that it’s facing. Councilor Hauenstein said he has CORE next Thursday, Sister Cities tomorrow night. RFTA is Thursday and CCLC is next Wednesday. Mayor Torre said he also went to CAST. Last Tuesday they had a CAST Housing taskforce workshop talking about STR’s. He has RFTA coming up as well as the Board of Health. CONSENT CALENDAR: Councilor Hauenstein pulled Resolution #024. Resolution #024, Series of 2022 -REMP Funding for CORE – John Dougherty, Interim Executive Director of CORE and Tessa Schreiner, Sustainability Programs Administrator Mr. Dougherty thanked council for their support and will be announcing a search soon for the new executive director. This resolution speaks to dollars that were previously approved and articulates what they are using the dollars for. Councilor Hauenstein thanked him for their efforts. Councilor Mesirow said he thinks this is great and the work is proceeding expeditiously. He appreciates the leadership. Councilor Richards thanked the design team on the Paepcke Transit Hub coming to fruition this year. Thanks to everyone in engineering. Mayor Torre said it’s exciting for him as well and getting greater pedestrian safety. 148 3 REGULAR MEETING ASPEN CITY COUNCIL MARCH 08, 2022 Councilor Richards motioned to approve the consent calendar; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. FIRST READING OF ORDINANCES: Ordinance #04, Series of 2022 - 700 Ute Avenue, Aspen Alps Building 100, Planned Development – Minor Amendment to a Project Review Approval - Alan Richman, Louise Menendez, and John with Jeffrey Barnhill, City Planner Jeffrey Barnhill introduced the item with a short presentation and reviewed the requests which included reinforcing the 100 building with steel frame, exterior renovations required by the structural upgrades, reconfiguration of pool and spa area, removal and replacement of all exterior finishes, new hardscape, and new landscaping. Councilor Hauenstein asked if the applicant and city are in agreement. Mr. Barnhill said that staff is in support of this project. Mr. Richman and the others said they are also in agreement. Councilor Richards asked about the increase of FAR. Mr. Barnhill said it’s around 400 and was within the allowable dimensions. Mr. Richman said this is not a growth project, just restoration of an older building. Mayor Torre said he will be interested in neighborhood impacts for the second reading. Councilor Richards motioned to read Ordinance #04, Series of 2022. Councilor Mesirow asked about the site plan for the pool, and if all of the foliage will be taken out. Mr. Menendez said there is a separate plan for the vegetation. Mr. Richman said there are some trees being removed but have been working closely with parks department and we’re happy to share at second reading. Councilor Doyle said heappreciates you trying to obtain Building IQ guidelines. Councilor Hauenstein seconded Councilor Richards’ motion. City Clerk, Nicole Henning, read Ordinance #04, Series of 2022. Councilor Hauenstein motioned to approve Ordinance #04; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. PUBLIC HEARINGS: Resolution #029, Series of 2022 - Aspen Mini Storage Annexation – Ben Anderson Mr. Anderson said there are a couple of actions required for the annexation process. If it’s approved this evening, the next step, will be a more typical land use process. Staff is recommending approval. On March 22nd there will be two ordinances presented should it be approved tonight. Mayor Torre opened the public hearing. Mayor Torre closed the public hearing. Councilor Doyle moved to approve Resolution #029, Series of 2022; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. 149 4 REGULAR MEETING ASPEN CITY COUNCIL MARCH 08, 2022 ACTION ITEMS:Resolution #028, Series of 2022 – Request to Pay Fee-in-Lieu in Meeting Affordable Housing Mitigation Requirements – Ben Anderson Mr. Anderson said there is not an availability of credits. We have projects in the pipeline. We feel this is a reasonable response to our current market conditions, we are recommending approval. Once the market has improved and we have a free flow of credits again, we can adjust. Councilor Doyle asked how long this will be in place. Mr. Anderson said there are projects in the pipeline and it’s a little unclear with staff as to how to make this more attractive and who will be the end user of those credits once the project is done. It’s going to be a bit; at least for the next year. He said there are about 40 unextinguished credits out there in the marketplace currently. Phillip Supino, Community Development Director, jumped in and said it’s critical to think about supply and demand in two different ways. It’s not just the availability of credits and the demand for credits. The credits have to come from an affordable space in town. There is a land relationship here. Councilor Richards said it’s creating a situation for the city to buy housing credits as well. This would allow others to look at a more viable proforma. She wants to see something as to how the credits expire; it’s clearly a market. It’s like the TDR program. Mr. Supino said this would not be an administrative function. We would be bringing this back on a quarterly basis. Councilor Hauensteinmotioned to approve Resolution #028, Series of 2022; Councilor Doyle seconded. Councilor Hauensteinsaid he regrets that we are approving fee in lieu but doesn’t see any other option. Ms. Ott requested that after the vote, council give back a summary of what they are asking of staff for policy. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Councilor Richards said she’s asking to look at pros and cons of the city being able to sell credits in the new policy and she’s looking to see ways the new policy can be crafted so that the credit program does actually begin to house people in a more reasonable amount of time. Councilor Hauenstein would like discussions around the city buying housing credits and revisit what the value is for cash in lieu and continue to adjust as market rates increase. Ms. Ott clarified that this work would begin after the moratorium work has ended. Resolution #038 –1212 E. Hopkins Avenue, Appealof a Denied Exemption from Ordinance #27, Series of 2021 – James R. True, City Attorney, Chris Bryan of Garfield & Hecht, and applicant Noah Shore Mr. True introduced the item and said this was a denial of a request from an exemption of the ordinance 27, series of 2022. This is an evaluation of the record, and that record is before the council at this point. It’s up to council to accept an argument from the council of the appeals. There are two resolutions included: an affirmative and a negative. Kate Johnson will be representing the city and Chris Bryan is here for the applicant. Mr. Bryan said this applicant had everything ready to go and was waiting for city staff to get back with him. He spent hundreds of thousands of dollars and had a lengthy and arduous process. He was waiting 150 5 REGULAR MEETING ASPEN CITY COUNCIL MARCH 08, 2022 to receive a resolution and went back in the fall. The applicant, Mr. Shore grew up here and he is on WebEx and may want to say something. He wants to move back here and raise a family. All of the work that was done, will have to be redone due to the moratorium. His partner is Cynthia who is the Aspen Education Foundation Director. We are asking for an exemption from the moratorium. The appeals process allows for you to override the moratorium. This was in the works for years and that is important here and shows the good faith of the applicant. Mr. Bryan said he thinks it would be fair to let Mr. Shore speak. Mr. True said this isn’t an evidentiary hearing and that he doesn’t see the point in having Mr. Shore speak. Mayor Torre said if Mr. True didn’t have any objections, he would allow Mr. Shore to speak. Mr. Shore said he worked on this in all the right ways. He said he grew up here and was Rachel’s neighbor growing up in Hunter Creek. We hired all local architects and contractors. We let the building department take their time. He relied on us doing this in a way that didn’t offend. Only when we heard of this and some mitigation efforts were coming, then we started to push. We hear you on the community, nothing makes me more sad, but we aren’t the kind of people you want to push out of the community. He is asking for support on this appeal. Councilor Richards noted that Ms. Henning sent them an email during the meeting from Jill Shore and she addressed any comment she made regarding a higher purchase price was from sitting on the housing credits that we were discussing at a prior meeting. She hasn’t said anything about this application at this point. She said they appreciate her email but wanted to make that clarification. Ms. Johnson said the briefs are in the record and both sides have made legal arguments which set forth the code sections which are relevant for your consideration. She is reminding council that you can either affirm to deny the exemption. To reverse or modify this decision, you would need to find that the director did not afford the applicant it’s due diligence or acted outside of the authority or abused his discretion. The record is straight forward, and the application was submitted after the moratorium deadline. She’s asking for them to affirm the director’s decision. No one is asserting that Mr. Shore skirted the rules or acted in bad faith. There were many applicants just as these people, who submitted their permit after the deadline. To read something into the ordinance which isn’t there would disadvantage others who were also affected by this moratorium. Councilor Hauensteinfeels there was a due process, and he doesn’t think it’s in excess of jurisdiction. He feels the decision should be upheld. Councilor Mesirow asked Ms. Johnson if what Mr. Bryan said about not creating a precedent is an accurate statement. Ms. Johnson said it would open the door to other potential people seeking an appeals process. She doesn’t necessarily agree that it wouldn’t be creating a precedent. Mr. Bryan said it doesn’t create a precedent. This is a unique situation of waiting on staff to get back to us in the fall. City Hall was in transit at that time, there were holidays, staff has other demands, but this went on for months. That is the distinguishing characteristic of this not setting a precedent. Mr. Doyle read this whole packet with great interest. He pointed out that it was asserted that the city intentionally dragged its feet. He said it’s pretty well known to anyone who lives here, that the 151 6 REGULAR MEETING ASPEN CITY COUNCIL MARCH 08, 2022 permitting process takes a lot of time. We were dealing with COVID, moving city offices, the holidays and staff shortages and why do we have staff shortages? Because we can’t house staff. Councilor Richards said it is hard to say no to people and to people who have been neighbors. This is a hearing about the facts, and you have to listen to the facts. She does see this as precedent setting at some level, and it is painful for her and a painful vote. She’s not seeing any reasons for overturning the Community Development Director’s decision on this. Councilor Mesirow thanked Mr. Bryan and thanked the applicants. We’re halfway through this moratorium already. He hasn’t seen anything to date that the outcome of this will be harmful. We look forward to having you in the community and in your home when the time is right. Councilor Richards motioned to approve Resolution #038, Series of 2022 upholding the decision; Councilor Doyle seconded. Mayor Torre said he has known the Shore family for a long time. This decision is based on the findings of how our staff handled the situation and whether it deserves an exemption, and he doesn’t find an absence of due process or abuse of power. He will be voting to uphold the decision of the Com Dev Director. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. _____________________________ Nicole Henning, City Clerk 152 MEMORANDUM TO:Mayor and City Council FROM:Nicole Henning MEMO DATE:March 18, 2022 MEETING DATE:March 22, 2022 RE:Board Appointments By adopting the Consent Calendar, Council is making the following appointments: Board of Adjustment – Rick Head Regular Member CCLC – Angi Wang, Amanda Tanaka, and Bill Dinsmoor; Regular Members HPC – Sheri Sanzone Alternate Member, and Bard Pitchford Regular Member Kids First – Mimi Hauenstein Alternate Member Next Gen – Cody Horn, Lucas Wampler, Ashley McKnight, and Bohdi Stewart; Regular Members P&Z – Teraissa McGovern and Christine Benedetti; Regular Members Wheeler – Amy Mountjoy, Richard Stettner, and Daniel Benavent; Regular Members 153 Page | 1 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Ben Anderson, Long-Range Planner Kevin Rayes, Planner II THRU: Phillip Supino, Community Development Director MEMO DATE: March 15, 2022 MEETING DATE: March 22, 2022 RE: 1st Reading: Aspen Mini-Storage – Annexation and Initial Zoning. Applicant: City of Aspen Capital Asset Department Representative: Robert Schultz, Robert Schultz Consulting, LLC Location: Aspen Mini-Storage Property, 105 Woodward Lane, Aspen CO 81611 Current Zoning B-2 (General Business) pursuant to Pitkin County Zoning Summary: The City of Aspen recently acquired the Aspen- Mini Storage property adjacent to the Aspen Business Center. The City requests to annex the land and rezone the property to Service, Commercial, Industrial (S/C/I) with a Planned Development overlay to memorialize existing conditions on the site. STAFF RECOMMENDATION: The requests associated with this application meet all applicable local review criteria and comply with the provisions set forth by State Statute. For context, while this application is focused on the annexation of land and memorializing existing conditions, the City plans to eventually develop affordable housing on the subject property which will require a subsequent land use review. Staff recommends approval of the application. Figure 1: Mini-Storage Location City Limits Mini- Storage Figure 2: Mini-Storage Existing Improvements 154 Page | 2 REQUEST OF CITY COUNCIL: The applicant is requesting the following approvals: • Annexation of the Property into The City of Aspen Annexation is not a topic that is described in the Land Use Code. Instead, Aspen has an adopted Annexation Plan and other provisions in the Municipal Code that provide annexation review criteria. Additionally, Colorado Revised Statutes require other provisions and processes that have separately been addressed. • Amendments to the Land Use Code & Official Zone District Map (Land Use Code Section 26.310) This city-owned property is currently located within Pitkin County- outside city limits. The property is zoned B-2 (General Business) which is a zoning designation prescribed by the County. Pending approval to annex the parcel, land use control will shift to City jurisdiction. State statute requires that annexed properties be zoned in accordance with existing and surrounding uses at the time of annexation. The application requests to rezone the property to Service, Commercial, Industrial (S/C/I) which is a zone district established by the City that is most compatible with the existing use as a mini-storage facility. • Consolidated Conceptual and Final PD- Project Review and Detailed Review (Land Use Code Section 26.445.050) Upon annexing the City-owned property, the applicant requests to create a Planned Development (PD) overlay to memorialize existing conditions and provide a guarantee that existing improvements and uses are legally established but cannot be expanded. On March 1st, the Planning and Zoning Commission recommended approval of the annexation and the establishment of initial zoning. City Council is the final review authority for these requests. SUMMARY AND BACKGROUND: The mini-storage facility was purchased by the City of Aspen in 2020. The 3-acre property is located within Pitkin County, and within the urban growth boundary, and just outside City limits. Pursuant to County zoning, the property is located within the (B-2) General business zone district and is improved with several buildings that provide storage services to the public. The adjacent property to the east is also owned by the City and continues to function as a lumberyard. Eventually, the City plans to assemble these properties as part of the Lumberyard affordable housing project that is currently being planned and designed. The scope of this application is limited to: 1) annexing the mini-storage facility into City limits, and 2) establishing an initial zoning of the property to Service, Commercial, Industrial (S/C/I) with a Planned Development overlay. The purpose is to “freeze” the site in its current condition and memorialize its use as a mini-storage facility – that includes a dwelling unit for the manager of the storage facility. This application does not request any new development. Development of an affordable housing project is anticipated for the future; however, it will require a subsequent land use application and remains subject to review and approval from the Planning & Zoning Commission and City Council. DISCUSSION & STAFF FINDINGS Annexation Many of the review standards related to annexations are dictated by Colorado Revised Statutes. The standards prescribed by the State are generally written to anticipate annexations that 155 Page | 3 encumber multiple properties and land uses, which generally requires significant coordination among various stakeholders, members of the public, and businesses. The scope of this application is quite narrow as it is concerned with a single parcel that is owned by the City of Aspen. The property currently provides storage services to the public, which will not change following the annexation. While some of the criteria related to annexations are applicable, the majority are not. For example, one criterion requires that no less than fifty percent of adult residents of the area proposed to be annexed to make use of part or all recreational, civic, social, religious, industrial, or commercial uses within the annexing municipality. Because of the use as a mini-storage facility, this criterion is not applicable. One criterion that is applicable to this request requires at least one-sixth of the perimeter of the area proposed for annexation to be contiguous with the annexing municipality. The total perimeter of the property subject to the annexation is 1,665.54 linear feet. The contiguous portion of the perimeter is 435.05 linear feet. One sixth of the perimeter is 277.59 linear feet, which shows the necessary contiguity is met. Other annexation criteria are prescribed by City regulations. The first requires alignment with the goals set forth within the Aspen Area Community Plan (AACP). Pursuant to the AACP, properties located within the Urban Growth Boundary (UGB) are appropriate for annexation. As previously mentioned, the subject property is located within the UGB. Local code also requires a fiscal impact analysis to be conducted for any changes in use that might occur because of the annexation. In this instance, the storage facility that currently exists within the County will remain as a storage facility upon annexation into the City. No new development is proposed as part of the application and so a fiscal analysis is not required. If the property is redeveloped in the future, a fiscal analysis along with a subsequent land use application would be conducted as part of the eventual Lumberyard affordable housing project. Importantly, the property, following annexation, will remain as part of all special districts (for property taxation purposes) to which it is currently subject. Rezoning Because it is located within the County, the property is currently zoned B-2 (General Business) which allows for the existing use of a storage facility. Pending approval for annexation, the property will fall under the jurisdiction of the City and will need to be rezoned to a zone district established under Title 26 of the City land use code. Upon analyzing the intent and purpose of the zone districts set forth within the code, staff believes that rezoning the property to Service/Commercial/Industrial (S/C/I) will allow the existing use to remain compliant with underlying zoning. Rezoning a property requires compatibility with surrounding zone districts and land uses. The purpose of S/C/I is consistent with the intent of the B-2 zoning. Like B-2, S/C/I is intended to enhance the City’s commercial diversity by allowing light industrial, manufacturing, production, repair, and other service-related uses. The property to the north is located within unincorporated county and includes commercial, light industrial and affordable housing uses. To the east are storage and affordable housing uses. Pitkin County Airport is located to the west. The mix of surrounding uses are consistent with the mini storage facility. Additionally, rezoning the property will not change demands on public facilities. Existing capacity for services such as transportation, sewage, water supply, parks, drainage, or schools will not be impacted. The purpose of rezoning is to legalize the established use of the storage facility within City limits. No changes to the property are proposed. Any future development will require a subsequent application and review. Final Planned Development (Combined Project and Detailed Review) In addition to rezoning the property to S/C/I, the application seeks to establish a Planned Development overlay on the annexed land. Doing so effectively “freezes” the current condition 156 Page | 4 in place as this application does not include any proposed new development. When the City is ready to move forward with a development plan, a land use application will be submitted, resulting in a comprehensive land use review. Pursuant to the Land Use Code, approval of Project Review and Detailed Review together constitute a Final Planned Development Approval. Both reviews are needed for a Planned Development to become official. Project Review is intended to establish the allowed dimensions of a property and ensure site planning is compatible with the context of the area. Detailed review is intended to perfect and finalize the detailed aspects of the project within the parameters established during Project Review. It should be noted that the establishment of an S/C/I - PD zoning designation on this property is identical to the zoning established on the adjacent Lumberyard property and is proposed for identical purposes. RECOMMENDATION: Two ordinances are included with this request. Ordinance #02 approves the annexation and Ordinance #03 establishes the initial zoning of the property. Staff recommends approval of both ordinances on First Reading and setting two public hearings to fully vet the requests. At Second Reading, staff recommends approval of the request to annex the subject property and to rezone the parcel to the Service/Commercial/Industrial (S/C/I) zone district and to establish a Planned Development Overlay. PROPOSED MOTION: Staff recommends that Council approve both ordinances on First Reading and set a public hearing date for each ordinance to fully vet the request. The following motion for each ordinance can be made: 1. “I move to approve Ordinance #02 (Series of 2022) on First Reading & set a public hearing (Second Reading) for April 12th. (Annexation) 2. “I move to approve Ordinance #03 (Series of 2022) on First Reading & set a public hearing (Second Reading) for April 12th. (Zoning and Planned Development) ATTACHMENTS: Ordinance #02, Series of 2022 Ordinance #03, Series of 2022 Exhibit A.1 | Annexation Criteria - Staff Findings Exhibit A.2 | Rezoning Criteria - Staff Findings Exhibit A.3 | Planned Development Criteria – Staff Findings Exhibit B | Application Exhibit C | Annexation Map Exhibit D | Current Site Improvements – PD Site Plan Exhibit E | P&Z recommendation of approval 157 Page 1 of 5 Ordinance 02, Series of 2022 Aspen Mini-Storage Annexation ORDINANCE NO. 02 SERIES OF 2022 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF ASPEN, COLORADO APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, COMMONLY KNOWN AS THE ASPEN MINI-STORAGE PROPERTY, 105 WOODWARD LANE, ASPEN, COLORADO, 81611 AND LEGALLY DESCRIBED AS: LOT 3, COMMUNICATIONS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 3, 1988, IN PLAT BOOK 21 AT PAGE 34. PARCEL ID: 2735-031-02-003 WHEREAS,on November 23, 2022, the City Manager on behalf of the City of Aspen, the owner of the property proposed to be annexed, did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS,the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in §31-12-107, C.R.S.; and WHEREAS,the City Council, by resolution (Number 14, Series of 2022) at its regular meeting on January 25, 2022, did find and determine said Petition for Annexation to be in substantial compliance with the provisions of §31-12-107, C.R.S.; and WHEREAS,the City Council, by resolution (Number 29, Series of 2022) at its regular meeting on March 8, 2022, did find and determine, following a public hearing, said Petition for Annexation to be in substantial compliance with§§ 31-12-104 and 31-12-105, C.R.S.; and WHEREAS,the Planning and Zoning Commission reviewed and considered the proposed annexation under the applicable review criteria of the City of Aspen’s adopted Annexation Plan, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS,during a duly noticed public hearing on March 1, 2022, the Planning and Zoning Commission approved Resolution #07, Series of 2022, by a five to zero (5-0) vote, recommending approval of the annexation; and, WHEREAS, the City Council has reviewed the proposed annexation through the City of Aspen’s Adopted Annexation Plan and the related review criteria, and have considered recommendations from the Planning and Zoning Commission and the Community Development Director; and WHEREAS,the City Council does hereby find and determine that approval of the annexation of said territory to be in the City's best interest; 158 Page 2 of 5 Ordinance 02, Series of 2022 Aspen Mini-Storage Annexation NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Annexation That the tract of land described in the Petition for Annexation, commonly referred to as the "Aspen Mini-Storage” property, and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado. Section 2: City Clerk The City Clerk of the City of Aspen is hereby directed as follows: a. To file one copy of the annexation map with the original of the annexation ordinance in the office of the City Clerk of the City of Aspen. b. To certify and file two copies of the annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. c. To request the Clerk and Recorder of Pitkin County to file one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs, State of Colorado. Section 3: Engineering The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. Section 4: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 22nd day of March 2022. 159 Page 3 of 5 Ordinance 02, Series of 2022 Aspen Mini-Storage Annexation ATTEST: ______________________________________________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY, adopted, passed, and approved by a X to X (X -X) vote on this 12 th day of April 2022. Approved as to form: Approved as to content: ________________________________________________________ James R. True, City Attorney Torre, Mayor Attest: __________________________ Nicole Henning, City Clerk EXHIBIT A – Annexation Map 160 EXHIBIT A: Annexation Map Page 4 of 5 Ordinance 02, Series of 2022 Aspen Mini-Storage Annexation 161 EXHIBIT A: Annexation Map Page 5 of 5 Ordinance 02, Series of 2022 Aspen Mini-Storage Annexation 162 Exhibit A.1 Annexation Criteria Page | 1 City of Aspen Annexation Criteria: Annexation is a quasi-legislative authority of the City and as such the City may consider the interests of its citizens as guiding annexation policy, in addition to the procedural statutory requirements. This section identifies specific public policy concerns likely to arise during consideration of an annexation request. These criteria should be used to determine when annexation is appropriate, which land should be annexed, and how it should be zoned. Additional considerations, beyond those identified herein, may also arise and guide public policy. AACP Compliance Annexation requests should be reviewed for alignment with the Aspen Area Community Plan (AACP). Annexation of certain lands could facilitate accomplishment of the plan’s goals, philosophy, policies, or specific action items. Staff response: The application requests to annex the parcel and rezone the property pursuant to the City of Aspen code provisions to allow the existing use as a mini-storage facility to continue. This request will not change the relationship with the AACP. The property is intended to be developed at some point in the future and is anticipated to be used as affordable housing. Any proposal to redevelop the property will be analyzed for compliance and continuity with the goals and objectives of the AACP. Staff finds this criterion to be met. Urban Growth Boundary (UGB) The City of Aspen approved Aspen’s Urban Growth Boundary via adoption of the 2012 AACP. The UGB identifies the land surrounding Aspen as either appropriate for urban development (within the UGB) or inappropriate for urban development (outside the UGB). Land within the UGB is expected to become part of the City’s urbanized area and should be considered appropriate for annexation. Land outside the UGB should only be annexed as a method of preserving the non-urban character of lands surrounding Aspen. The UGB does not necessarily need to be amended unless the land is intended for an urban level of development. Annexation of land outside the UGB, in fact, may serve a significant public purpose. Staff response: Pursuant to the 2019 Aspen Annexation Plan, land that is located within the Urban Growth Boundary (UGB) is anticipated to be annexed into the City at some point in the future. This property is located within the UGB and within the Aspen Business Center. Staff finds this criterion to be met. Significant Annexations Changing the regulatory structure and jurisdiction of significant community facilities, large developments, and large tracts of vacant land present considerable potential for community change. These annexation proposals should involve discussion between the Aspen City Council and the Pitkin County Board of County Commissioners. A joint work session at which various land use issues are discussed can only benefit the City in it’s analysis of a significant annexation. For example: properties entitled by the County and 163 Exhibit A.1 Annexation Criteria Page | 2 annexed into the City can require complex administration of development rights, especially when amendments are requested. Discussing the primary elements of the land use review can simplify administration and provide benefit to the annexing landowner. Likewise, certain annexation proposals may present concerns to other governmental and quasi-governmental agencies with jurisdiction or other interest in the property. As necessary, formal referral comments or work session-format meetings can be held to identify these concerns. Staff response: The scope of the proposed annexation does not reach the threshold of a Significant Annexation. The subject property is owned by the City of Aspen and the current land use of a storage facility will remain pending annexation and rezoning. Staff finds this criterion to be not applicable. Fiscal Impact Analysis The City should fully understand the financial implication of assuming additional lands upon each of its functions. The City Finance Department has modeled fiscal impacts of recent significant annexations and this information has been critical in determining the appropriateness of annexation. Certain capital improvements may be necessary as well as additional operation and service costs. These need to be balanced with additional special fund revenues that are gained. Pitkin County voters adopted a 2 percent Countywide sales tax, including a provision distributing 47 percent of the tax proceeds to Pitkin County and 53 percent to the City of Aspen. At some point, the distribution of countywide sales tax may need to be reconsidered as more service responsibilities shift to the City. Staff response: The application requests annexing a single property and continuing the existing use as a storage facility. Because the property is currently owned by the City, it does not generate property tax revenue. Annexing the property into the City will not change that. However, by annexing the property, the City will gain jurisdiction over the zoning and allowed uses of the site, thus allowing orderly planning of future use of the site in conjunction with City parcels. The city will receive ongoing lease revenues from the existing storage use and parking leases. Pending receipt of a redevelopment proposal, the costs of new infrastructure and services compared to existing uses will be quantified and analyzed by the City as part of a subsequent land use review. Staff finds this criterion to be met. Development Rights/Zoning Development rights associated with a property in Pitkin County verses those if the property is annexed into the City of Aspen should be considered. Annexations are typically associated with a proposal to further develop the property. Traditionally, the City weighs an increase in development rights in relation to accomplishment towards community goals available through annexation. 164 Exhibit A.1 Annexation Criteria Page | 3 A complete understanding of a property’s development potential, prior to annexation, should include a zoning build-out analysis considering regulatory limitations, such as growth management and impact fees, and regulatory incentives, such as the use of Transferable Development Rights. The public policy of such regulations and the impact of changing the regulatory structure upon the City should be considered. Zoning of newly annexed land should approximate development rights prior to annexation, unless a site-specific development plan is approved concurrent with annexation. The creation of non-conformities should be avoided, although custom legislation to address special interests can further complicate the City’s regulatory environment. The City should encourage the legalization of “bandit units” through the City’s Accessory Dwelling Unit provisions to ensure compliance with the health and safety standards of Adopted building codes. These units should be expected in older subdivisions surrounding Aspen. Staff Response: The property is proposed for rezoning in a process concurrent with the Annexation. Staff finds this criterion to be met. Pitkin County Transferable Development Rights Certain lands in the County within the City’s annexation area are eligible for increased development rights through the extinguishment of transferable development rights (TDRs). Certain site-specific approvals granted in Pitkin County may involve or require the use of TDRs. And, certain development may have already occurred by use of these TDRs necessitating acknowledgment of the realized increased development right. Until the City adopts a program for accepting Pitkin County Transferable development Rights, each individual annexation request should include an analysis of TDR-contingent land use scenarios and, if necessary, an agreement should be reached describing the future use of Pitkin County TDRs within the newly annexed area. Staff Response: Staff finds this criterion to be not applicable Usefulness and Appropriateness of Each Jurisdiction’s Regulations As Aspen City limits expand beyond the original townsite, the effects of environmental constraints and hazards on development increase. Pitkin County’s 1041 regulations address development on steep slopes, in wildfire hazard areas, in rockfall and avalanche hazard areas, and within wildlife corridors. The City’s Environmentally Sensitive Area review standards address flood hazard areas and development above the 8,040-foot elevation. The County’s regulations primarily attempt to minimize land use intensity and minimize the infrastructure and operational effects of development. The City’s land use code encourages the intense use of land and addresses urban development issues, such as 165 Exhibit A.1 Annexation Criteria Page | 4 architectural character. In transition areas, the City’s Planned Development regulations should be used to establish an appropriate balance. Design standards for public improvements also reflect the rural and urban aspect of each jurisdiction. The appropriateness of each jurisdiction’s development regulations and design standards should be considered in each annexation. The acceptance of substandard public improvements and potential public costs of upgrading those facilities should also be considered. The City may require certain facilities be upgraded prior to annexation. Alternatively, the City may require a cash payment to accommodate expected City capital improvement and operational expenses. Staff Response: Zoning will change as the property moves into the City of Aspen, but staff has determined that the property would not be subject to significantly different regulations following annexation. The property does lie within the West of Maroon Plan – a special planning area that includes the AABC. The City is not party to this plan, although it is identified and discussed in the Aspen Area Community Plan. The location of the property within the UGB and adjacency to City limits make clear the property’s appropriateness and eligibility for annexation. Staff finds this criterion to be met. Infrastructure and Ability to Serve Annexation reviews typically focus a great deal of fiscal analysis on the potential extension of urban services to annexed territories. Cost, capacity, and engineering issues related extension of the City’s municipal water system to developing land on the urban fringe is a significant annexation issue. Currently, several small water districts serve residences located outside the City’s boundaries but within the service area of the water system. These small districts may present a long-term problem for the City as their capital facilities may not be providing acceptable standards of service. Upgrading is expensive and may become the responsibility of the City following annexation. Staff Response: The property will continue to be served by the same utilities. Staff finds this criterion to be not applicable Simplicity of City Boundary The City/County boundary has created confusion for citizens and staff responsible for enforcing public policy. A complex boundary can complicate emergency service provision and, in extreme cases, defeat efforts of law enforcement officers. Annexations simplifying the boundary should be encouraged while those further complicating the division should be avoided. Staff Response: The property is immediately adjacent to the current City boundary. The current conditions related to circulation, addressing, emergency services remain the same. Staff finds this criterion to be met. 166 Exhibit A.2 Amendments to the Land Use Code & Official Zone District Map Page | 1 Land Use Code Section 26.310.090, Rezoning- Standards for Review In reviewing an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: a. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff response: The subject property is located within the B-2 (General Business) zone district as established by the Pitkin County land use code. The purpose of this zone district is to provide for the establishment of low-intensity, non-polluting industrial uses that do not require or generate high customer traffic volumes. The existing storage facility complies with underlying zoning. Pending annexation, the property will need to be rezoned pursuant to the City of Aspen land use code. The applicant believes the allowed uses of the Service/Commercial/Industrial (S/C/I) zone district are most compatible with those of the B-2 zone district. Like B-2, the purpose of S/C/I is to enhance the City’s commercial diversity by allowing light industrial, manufacturing, production, repair, and other service-related uses. The property to the north is located within unincorporated county and includes commercial, light industrial and affordable housing uses. To the east are storage and affordable housing uses. Pitkin County Airport is located to the west. The mix of surrounding uses are consistent with the mini storage facility. Because the property is currently improved with storage facility structures and a manager’s unit, a Planned Development overlay zone is proposed to recognize the existing conditions on the site as legally established. Staff finds this criterion to be met. b. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff response: Rezoning the subject property to SCI with a PD overlay will not change demands on public facilities as the existing use as a mini storage facility will not change. No expansion of the operation is anticipated. While affordable housing is planned, a subsequent application and land use review will be required at that time. Staff finds this criterion to be met. c. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. 167 Exhibit A.2 Amendments to the Land Use Code & Official Zone District Map Page | 2 Staff response: No adverse impacts to the natural environment are anticipated as part of rezoning the property. Rezoning to SCI/PD is intended to allow the existing use as a mini-storage facility to continue. Impacts to the natural environment will be assessed if and when an application is submitted to develop affordable housing. Staff finds this criterion to be met. d. Whether the proposed amendment is consistent and compatible with the community character in the city and in harmony with the public interest and the intent of this Title. Staff response: Rezoning the subject property to SCI/PD is consistent and compatible with the neighborhood and community character. The property is surrounded by light industrial, residential, and other commercial uses. Staff finds this criterion to be met. 168 Exhibit A.2 Planned Development Review Criteria | Staff Findings Page | 1 Land Use Code Section 26.445.050, Planned Development Project Review Standards The Project Review shall focus on the general concept for the development and shall outline any dimensional requirements that vary from those allowed in the underlying zone district. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following: A. Compliance with Adopted Regulatory Plans.The proposed development complies with applicable adopted regulatory plans. Staff Response: While the subject property is currently located within Pitkin County and outside City limits, it is located within the Urban Growth Boundary (UGB). Pursuant to the City of Aspen Annexation Plan, land located within the UGB is generally appropriate for urban development and is expected to eventually become part of the City’s urbanized area. Pending annexation, staff anticipates rezoning the property to the Service/Commercial/Industrial (S/C/I) zone district to maintain the existing use of a mini-storage facility. Adding a Planned Development (PD) overlay will help to further memorialize the existing use and provide a guarantee that it complies with all zoning requirements of the City.Staff finds this criterion to be met. B. Development Suitability.The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rockslides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 – Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response:No development is proposed as part of this application. The purpose of this request is to memorialize the existing use as a mini-storage facility. Any request to redevelop the property in the future will require analysis of potential 169 Exhibit A.2 Planned Development Review Criteria | Staff Findings Page | 2 impacts to man-made or natural hazards.Staff finds this criterion to be not applicable. C. Site Planning.The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The site plan responds to the site’s natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. Staff Response: No development is proposed as part of this application. Any development proposed in the future, including affordable housing will require a site plan and analysis of how the project responds to natural characteristics and physical constraints.Staff finds this criterion to be not applicable. 2. The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. Staff Response:No development is proposed as part of this application. Staff finds this criterion to be not applicable. 3. Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. Staff Response: No development is proposed as part of this application. The property is currently improved with several buildings that provide storage services to the public. No changes are anticipated to the existing improvements on the property. Any development that is proposed in the future will be subject to subsequent review procedures, including those associated with an amendment to a planned development.Staff finds this criterion to be not applicable. D. Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: 1. There exists a significant community goal to be achieved through such variations. 2. The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. 3. The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources. 170 Exhibit A.2 Planned Development Review Criteria | Staff Findings Page | 3 4. The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public transit and other transportation facilities, including those pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. 5. The Project Review approval, at City Council’s discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110 – Amendments. Staff Response: The subject property is already improved with a storage facility. No changes to the existing use or improvements are requested. The purpose of this application is to memorialize existing conditions. Any dimensional variances, changes to height, bulk or mass will be subject to a subsequent review. Staff finds this criterion to be not applicable. E. Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. 2. The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Staff Response:No development is proposed as part of this application. No changes to design, materials or other aesthetic characteristics are proposed.Staff finds this criterion to be not applicable. F. Pedestrian, bicycle & transit facilities.The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: No changes to the site plan or layout of the property are proposed as part of the request to annex and rezone the site. Staff finds this criterion to be not applicable. 171 Exhibit A.2 Planned Development Review Criteria | Staff Findings Page | 4 G. Engineering Design Standards.There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 – Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: No changes to the property are proposed Any future changes to the property may trigger Engineering Design Standards. A subsequent land use application will be required at that time, at which point, the Engineering Department will have an opportunity to ensure that all standards of Title 29 are met. Staff finds this criterion to be not applicable. H. Public Infrastructure and Facilities.The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response:The property is currently served by City municipal water and Aspen Sanitation District wastewater services. Pending annexation and rezoning, the services provided by these entities will not change. If future development occurs, the level of utility service provided to the property will be reevaluated. The cost of those services will be analyzed in conjunction with the master plan for the area. Staff finds this criterion to be not applicable. I. Access and Circulation.The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Response: No development is proposed as part of this application. Access and circulation will not change subsequent to annexation and rezoning. Staff finds this criterion to be not applicable. Land Use Code Section 26.445.070, Planned Development Detailed Review Standards Detailed Review shall focus on the comprehensive evaluation of the specific aspects of the development, including utility placement, and architectural materials. In the review of a development application for Detailed Review, the Planning and Zoning 172 Exhibit A.2 Planned Development Review Criteria | Staff Findings Page | 5 Commission, or the Historic Preservation Commission as applicable, shall consider the following: a)Compliance with Project Review Approval.The proposed development, including all dimensions and uses, is consistent with the Project Review approval and adequately addresses conditions on the approval and direction received during the Project Review. b)Growth Management.The proposed development has received all required GMQS allotments, or is concurrently seeking allotments. c)Site Planning and Landscape Architecture.The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The landscape plan exhibits a well-designed treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Vegetation removal, protection, and restoration plans shall be acceptable to the Director of Parks and Open Space. 2. Buildings and site grading provide simple, at-grade entrances and minimize extensive grade changes along building exteriors. The project meets or exceeds the requirements of the Americans with Disabilities Act and applicable requirements for emergency, maintenance, and service vehicle access. Adequate snow storage is accommodated. 3. Energy efficiency or production features are integrated into the landscape in a manner that enhances the site. 4. All site lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. All exterior lighting shall comply with the City's outdoor lighting standards. 5. Site drainage is accommodated for the proposed development in compliance with Title 29—Engineering Design Standards and shall not negatively impact surrounding properties. d)Design Standards and Architecture.The proposed architectural details emphasize quality construction and design characteristics. In meeting this standard, the following criteria shall be used: 1. The project architecture provides for visual interest and incorporates present-day details and use of materials respectful of the community's past without attempting to mimic history. 2. Exterior materials are of a high quality, durability, and comply with applicable design standards, including those outlined in Chapter 26.410,Residential Design Standards, Chapter 26.412,Commercial Design Standards, and Chapter 26.415,Historic Preservation. 3. Building entrances are sited or designed to minimize icing and snow shedding effects. 4. Energy efficiency or production features are integrated into structures in a manner that enhances the architecture. 5. All structure lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. All exterior lighting shall comply with the City's outdoor lighting standards. 173 Exhibit A.2 Planned Development Review Criteria | Staff Findings Page | 6 e)Common Parks, Open Space, Recreation Areas, or Facilities.If the proposed development includes common parks, open space, recreation areas, or common facilities, a proportionate, undivided interest is deeded in perpetuity to each lot or dwelling unit owner within the Planned Development. An adequate assurance through a Development Agreement for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a prohibition against future development is required. f)Pedestrian, bicycle & transit facilities.The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any new vehicular access points minimize impacts on existing pedestrian, bicycle and transit facilities. Any specific designs, mitigation techniques, and implementation timelines as required during Project Review comply with the applicable requirements of the Project Review and as otherwise required in the Land Use Code. These plans shall provide sufficient detail to determine if the design or mitigation concept complies with the intent of the requirements and to determine any required cost estimating for surety requirements, but do not need to be detailed construction documents. g)Engineering Design Standards.There has been accurate identification of engineering design and mitigation techniques necessary for development of the proposed subdivision to comply with the applicable requirements of Municipal Code Title 29—Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). Any specific designs, mitigation techniques, and implementation timelines as required during Project Review comply with the applicable requirements of Municipal Code Title 29—Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). These plans shall provide sufficient detail to determine if the design or mitigation concept complies with the intent of the requirements, but do not need to be detailed construction documents. h)Public Infrastructure and Facilities.The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. Any specific designs, mitigation techniques, and implementation timelines as required during Project Review comply with the applicable requirements of Municipal Code Title 29—Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). These plans shall provide sufficient detail to determine if the design or mitigation concept complies with the intent of the requirements, but do not need to be detailed construction documents. i)Phasing of development plan.If phasing of the development plan is proposed, each phase shall be designed to function as a complete development and shall not be reliant on subsequent phases. Phasing shall insulate, to the extent practical, occupants of initial phases from the construction of later phases. All necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the Planned Development, construction of any required affordable housing, 174 Exhibit A.2 Planned Development Review Criteria | Staff Findings Page | 7 and any mitigation measures shall be completed concurrent or prior to the respective impacts associated with the phase. Staff response:No development is proposed as part of this application. The purpose of this request is to establish a Planned Development overlay on the annexed land. Doing so effectively “freezes” the current condition. When the City is ready to move forward with a development plan, a land use application will be submitted, resulting in a comprehensive land use review. Although most of the criteria associated with Detailed Review are not currently applicable because no development is proposed, it’s important to note that any new development that is proposed at this property in the future shall be subject to the appropriate Planned Development review procedures . 175 Exhibit B | Application 176 Exhibit B | Application 177 Exhibit B | Application 178 Exhibit B | Application 179 Exhibit B | Application 180 ALTA Commitment For Title Insurance AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3 RD FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Nola Warnecke (nola@sopris.net) TJ Davis - (tjd@sopris.net) Joy Higens - (joy@sopris.net) Issued By Home Office: 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone (407) 629-5842 Exhibit B | Application 181 ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation,("Company"), for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY Countersigned: Authorized Signature CO 1045 * * Pitkin County Title, Inc. 601 E. Hopkins #3 Aspen, CO 81611 Exhibit B | Application 182 CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000.00 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. Exhibit B | Application 183 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: November 30, 2021 at 8:00 AM Case No. PCT25725W 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(8/1/2016) Amount$ Premium$ Proposed Insured: Rate: TO BE DETERMINED (b) ALTA Loan Policy-(8/1/2016) Amount$ Premium$ Proposed Insured: Rate: (c) ALTA Loan Policy-(8/1/2016) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: CITY OF ASPEN, a Colorado home rule municipal corporation 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 3, COMMUNICATIONS CENTER SUBDIVISION, according to the Plat thereof recorded October 3, 1988 in Plat Book 21 at Page 34. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: Exhibit B | Application 184 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. Exhibit B | Application 185 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded March 16, 1923 in Book 55 at Page 570. 8. Easement and right of way for the installation, operation, maintenance, repair and replacement of a bicycle trail, as granted by Safeway Stores, Inc. to Pitkin County Board of Commissioners by instrument recorded April 11, 1978 in Book 345 at Page 975. 9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded May 18, 1981 in Book 408 at Page 663 as Resolution No. 81-34. 10. Easement and right of way for underground electric lines purposes, as granted by Micro-Cable Communication to Holy Cross Electric Association, by instrument recorded January 14, 1982 in Book 419 at page 805, said easement being that portion which lies within subject property as described in said instrument as evidenced by Improvement Survey of Aspen Survey Engineers dated October 21, 2005, Job #10358B. 11. Easement and right of way for electric line purposes, as granted to Holy Cross Electric Association, by instrument recorded September 27, 1974 in Book 291 at Page 647, January 14, 1982 in Book 419 at Page 807 and in Book 582 at Page 227. 12. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded July 21, 1982 in Book 429 at Page 575 as Resolution No. 82-67. 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded April 18, 1983 in Book 443 at Page 641 as Resolution No. 83-35 and Water Drainage Requirements Memo recorded July 24, 1985 in Book 491 at Page 640. 14. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded July 15, 1985 in Book 489 at Page 784 as Resolution No. 85-77. (Continued) Exhibit B | Application 186 SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Easements, rights of way and all matters as disclosed on Plat of Communications Center recorded July 24, 1985 in Plat Book 17 at Page 52 and First Amended Plat recorded April 14, 1988 in Plat Book 20 at Page 73 and Communication Center Subdivision Plat recorded July 27, 1988 in Plat Book 21 at Page 34 and Resolution of the Board of County Commissioners No. 88-73 recorded October 9, 2019 as Reception No. 659394. 16. First Amendment to Condominium Declaration for the Communication Center, a Condominium recorded July 30, 1990 in Book 625 at Page 979. 17. Easement and right of way to construct, reconstruct, repair, change, enlarge, rephase, operate and maintain an electric transmission or distribution system, as granted by Ralph H. Woodward to Holy Cross Electric Association by instrument recorded November 12, 1991, in Book 661 at Page 822. 18. Easement and right of way to operate and maintain such telecommunications facilities as are currently in place or which may be added from time to time in the future within the conduit structure currently in place, as granted by Ralph H. Woodward to U.S. West Communications, Inc. by instrument recorded January 29, 1997, at Reception No. 401340. 19. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners of Pitkin County, Colorado recorded August 17, 1999 as Reception No. 434491 as Resolution No. 99-112. 20. Easement and right of way for construction, maintenance of roadway, utilities, drainage and bike path purposes, as granted by Ralph H. Woodward to Department of Transportation, State of Colorado, by instrument recorded September 1, 2000, at Reception No. 446652. 21. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners of Pitkin County, Colorado recorded January 3, 2017 as Reception No. 635142 as Resolution No. 126-2016. 22. Easements, rights of way and all matters as disclosed on Aspen Mini Storage LLC Parking Area Site Plan recorded January 23, 2017 in Plat Book 117 at Page 65. 23. Any and all leases or tenancies whether or not they are shown in the public record. 24. Encroachments and all matters as disclosed by Survey of High Country Engineering, Inc. dated October 21, 2019 as Job No. 2191693. 25. NOTE: The title commitment is subject to underwriting approval. The Company reserves the right to make changes. Exhibit B | Application 187 ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT25725W SELLER: CITY OF ASPEN, a Colorado home rule municipal corporation BUYER: TO BE DETERMINED The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 is $55.00 A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse claims, or other matters known by Seller and Buyer. The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event information regarding defects, liens, encumbrances, adverse claims, or the like are discovered. The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage and any additional requirements deemed necessary by the Company. The Company hereby reserves the right to deny any of the above coverage's at its sole discretion. Exhibit B | Application 188 PITKIN COUNTY TITLE, INC. Disclosures Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1-3. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Exhibit B | Application 189 Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Exhibit B | Application 190 Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com. Exhibit B | Application 191 Exhibit B | Application 192 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 8910 354 425 REFERENCE:PCT25725W/TO BE DETERMINED Exhibit B | Application 193 Exhibit B | Application 194 2.0' WITNESS CORNERSET #5 REBAR & 1-1/4"BLUE PLASTIC CAP WCTNC PLS38215FOUND #5 REBAR &1-1/4" YELLOW PLASTICCAP LS16129FOUND #5 REBAR & 1-1/4" YELLOWPLASTIC CAP HCE LS19598FOUND #4REBAR &1" REDPLASTIC CAP ILLEGIBLEFOUND #5REBAR & 1-1/2"ALUMINUMCAP LS31551FOUND #5REBAR & 1-1/4"YELLOW PLASTICCAP LS238759.7' WITNESS CORNERFOUND #5 REBAR & 2"ALUMINUM CAP LS23875LOT 2COMMUNICATIONS CENTER SUBDIVISIONPLAT BOOK 21-PAGE 34OWNER: TCI OF NORTH NEW JERSEY INCPARCEL NO. 2735-031-02-002LOT 3QWEST/CITY OF ASPENSUBDIVISION EXEMPTION LOTLINE ADJUSTMENTPLAT BOOK 61 - PAGE 24OWNER: ASPEN BUSINESS PARKINVESTORS LLCPARCEL NO. 2735-031-01-003N84°34'00"E 201.89'PLAT=201.92'R=2160.00'L=182.99'CB=S10°29'43"WCH=182.93'PLAT=S10°32'21"W 182.94'PLAT=N84°34'00"E 229.50'N84°37'50"E 229.84'S06°41'33"E 216.3 5 ' PLAT=S06°38'00"E 2 1 6 . 1 7 'PLAT=S84°34'00"WS84°37'22"W 435.05'R=1960.00'L=399.42'CB=N07°57'33"WCH=398.73'PLAT=N07°54'08"W 398.70'PLAT=L=399.39'AMERICANROADWOODWARD LANECOLORADOSTATEHIGHWAYNO. 8210' SEWER EASEMENTBOOK 253 PAGE 21020' UTILITY EASEMENTPLAT BOOK 21 PAGE 3420' UTILITY EASEMENTPLAT BOOK 21 PAGE 34 30' ROAD EASEMENTPLAT BOOK 21 PAGE 3410' ELECTRIC EASEMENTPLAT BOOK 21 PAGE 34BOOK 291 PAGE 64715' CABLE T.V. EASEMENTPLAT BOOK 21 PAGE 34AND15' WIDE BICYCLE TRAILEASEMENTBOOK 345 PAGE 97510' UTILITY EASEMENTPLAT BOOK 21 PAGE 34BOOK 291 PAGE 64715' ACCESS EASEMENTPLAT BOOK 21 PAGE 34LOT 3COMMUNICATIONS CENTERSUBDIVISIONPLAT BOOK 21 PAGE 342.977± ACRESLOT 2 - BLOCK-1AMENDED AND RESTATED PLAT OF ASPENAIRPORT BUSINESS CENTER FILING NO. 1PLAT BOOK 7 - PAGE 79OWNER: CITY OF ASPENPARCEL NO. 2735-031-01-802PAVED ROADWAYLOT 1COMMUNICATIONS CENTER SUBDIVISIONPLAT BOOK 21-PAGE 34OWNER: TCI OF NORTH NEW JERSEY INCPARCEL NO. 2735-031-02-001GREENBELT AREAPLAT BOOK 7 - PAGE 79OWNER: PITKIN COUNTYPARCEL NO. 2643-344-00-852COVENANTNO BUILDINGS ORIMPROVEMENTSPLAT BOOK 17 PAGE 52BASIS OF BEARINGSS13°07'19"E14.33'20' H O L Y C R O S S O V E R H E A D ELEC T R I C E A S E M E N T BOO K 4 1 9 P A G E 8 0 7 BOO K 5 8 2 P A G E 2 2 7 10' HOLY CROSSUNDERGROUNDELECTRIC EASEMENTBOOK 661 PAGE 82210' U.S. WESTCOMMUNICATIONSTELEPHONE EASEMENTRECEPTION NO. 401340PERMANENT EASEMENT FORCONSTRUCTION, MAINTENANCEOF ROADWAY, UTILITIES,DRAINAGE & BIKE PATHTO CDOTRECEPTION 446652(VARIABLE WIDTH)NOTES:5.THIS ANNEXATION PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTHCOLORADO, LLC FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAYAND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLECOMMITMENT CASE NO. PCT25456W ISSUED BY PITKIN COUNTY TITLE INC, EFFECTIVEDATE: SEPTEMBER 26, 2019LEGENDSURVEYOR'S STATEMENTBY ME AND THAT IT IS TRUE AND CORRECT TOTHE BEST OF MY BELIEF AND KNOWLEDGE.SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PMCOUNTY OF PITKIN, STATE OF COLORADOLOT 3 COMMUNICATIONS CENTER SUBDIVISION ANNEXATION PLAT TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2021-372DATE:October 21, 2021DRAWNRPKSURVEYEDGBLSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANY30'15'60'SCALE: 1" = 30'NPROPERTY DESCRIPTION:0NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.CONTIGUOUS CITY OF ASPEN LIMITSVICINITY MAPSITEANNEXATION DATATOTAL BOUNDARY= 1665.54 LINEAR FEETCONTIGUOUS BOUNDARY = 435.05 LINEAR FEETRATIO= 1: 3.828AREA= 2.977 ACRESCITY OF ASPEN ENGINEER'S APPROVALCITY COUNCIL APPROVALCITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR'S APPROVALCLERK AND RECORDER'S CERTIFICATEORFREVIEWExhibit B | Application195 Attachment D Vicinity Map Exhibit B | Application 196 GMETAL LEAN-TO LUMBERSTORAGE BUILDING322.3'S320.7'24.2'EDGE OF PAVEMENTEEDYHINLET7775.23INLET7775.39GRAVEL PARKING - STORAGE AREAROCK WALL 180.7'180.7'20.4' 20.4'INLET7771.24INLET7772.75INLET7771.14METAL STORAGE BUILDINGMETAL STORAGE BUIL D I N G METAL STORAGE BUILDING25.0'30.0'30.0'20.0'INLET7771.2225.0'30.0'30.0'20.0'15.5'(TIE)BUILDING20.0'5.0'25.0'60.6' 97.8' 35.0' 105.7' 105.7' 105.7' 105.7' 105.7' 105.7' 135.7' 135.7'185.7'185.7'20.0' 20.0' EDGE OF PAVEMENT METAL STORAGE BUIL D I N G METAL STORAGE BUILD I N G METAL STORAGE BUILD I N G METAL STORAGE BUILD I N G 105 WOODWARD LANE 2.0' WITNESS CORNERSET #5 REBAR & 1-1/4"BLUE PLASTIC CAP WCTNC PLS38215FOUND #5 REBAR &1-1/4" YELLOW PLASTICCAP LS16129ROCK RETAININGSITE BENCH MARKFOUND #5 REBAR & 1-1/4" YELLOWPLASTIC CAP HCE LS19598ELEVATION: 7775.13FOUND #4REBAR &1" REDPLASTIC CAP ILLEGIBLEFOUND #5REBAR & 1-1/2"ALUMINUMCAP LS31551FOUND #5REBAR & 1-1/4"YELLOW PLASTICCAP LS23875PAVED ROADWAY PAVED DRIVE PAVED DRIVE2'± ELEVATION DROPBETWEEN CONCRETE &PAVEMENTALONG THIS LINE4' WIDE CONCRETE DRAINAGE PAN 9.7' WITNESS CORNERFOUND #5 REBAR & 2"ALUMINUM CAP LS238759.7'(TIE)CONCRETE RETAINING WALLLOT 2COMMUNICATIONS CENTERSUBDIVISIONLOT 1COMMUNICATIONS CENTERSUBDIVISIONLOT 3QWEST/CITY OF ASPENSUBDIVISION EXEMPTIONLOT LINE ADJUSTMENTPAVED PATH AMERICANROADWOODWARD LANECOLORADOSTATEHIGHWAYNO. 82NORTH BOUND LANE - PAVED ROADWAY GREENBELT AREAPLAT BOOK 7PAGE 7920' UTILITY EASEMENTPLAT BOOK 21 PAGE 3420' UTILITY EASEMENTPLAT BOOK 21 PAGE 34 30' ROAD EASEMENTPLAT BOOK 21 PAGE 3415' ACCESS EASEMENTPLAT BOOK 21 PAGE 34LOT 3COMMUNICATIONS CENTERSUBDIVISION2.977± ACRES77797 7 7 8 77727773777577807785779077807785778577857783 7780778077807778 77777780 77757777777577757774 PAVED ROADWAYN84°34'00"E 201.89'PLAT=201.92'R=2160.00'L=182.99'CB=S10°29'43"WCH=182.93'PLAT=S10°32'21"W 182.94'PLAT=N84°34'00"E 229.50'N84°37'50"E 229.84'S06°41'33"E 216.3 5 ' PLAT=S06°38'00"E 2 1 6 . 1 7 'S84°37'22"W 435.05'PLAT=S84°34'00"WR=1960.00'L=399.42'CB=N07°57'33"WCH=398.73'PLAT=N07°54'08"W 398.70'PLAT=L=399.39'COVENANTNO BUILDINGS ORIMPROVEMENTSPLAT BOOK 17 PAGE 52BASIS OF BEARINGS20' HOLY CROSS OVERHEADELECTRIC EASEMENTBOOK 419 PAGE 807BOOK 582 PAGE 22710' HOLY CROSSUNDERGROUNDELECTRIC EASEMENTBOOK 661 PAGE 82210' U.S. WESTCOMMUNICATIONSTELEPHONE EASEMENTRECEPTION NO. 40134010' ELECTRIC EASEMENTPLAT BOOK 21 PAGE 34BOOK 291 PAGE 64715' CABLE T.V. EASEMENTPLAT BOOK 21 PAGE 34AND15' WIDE BICYCLE TRAILEASEMENTBOOK 345 PAGE 97510' UTILITY EASEMENTPLAT BOOK 21 PAGE 34BOOK 291 PAGE 647PERMANENT EASEMENT FORCONSTRUCTION, MAINTENANCEOF ROADWAY, UTILITIES,DRAINAGE & BIKE PATHTO CDOTRECEPTION 446652(VARIABLE WIDTH)NOTES:5. THIS SITE PLAN DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH COLORADO, LLC FOR ALL INFORMATION REGARDINGEASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLE COMMITMENT CASENO. PCT25456W ISSUED BY PITKIN COUNTY TITLE INC, EFFECTIVE DATE: SEPTEMBER 26, 20196. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88)REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) STATION S 159 HAVING AN ELEVATION OF 7720.88.7. CONTOUR INTERVAL EQUALS 1 FOOT.8. UNDERGROUND UTILITIES SHOWN HEREON WERE LOCATED BY ROARING FORK UTILITY LOCATORS LLC. SANITARYSEWER LINES WERE PROVIDED BY ASPEN CONSOLIDATED SANITATION DISTRICT. UTILITIES SHOWN HEREON AREFOR PLANNING PURPOSES ONLY. PLEASE CALL 811 PRIOR TO ANY DIGGING OR EARTHWORK CONSTRUCTIONFOR UTILITY VERIFICATION.LOT 3 COMMUNICATIONS CENTER SUBDIVISION SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PMCOUNTY OF PITKIN, STATE OF COLORADOPD SITE PLANCATV PEDESTALDPOWER POLEGUY ANCHORSIGNSTORM DRAIN MANHOLEELECTRIC MANHOLEEWATER METERIRRIGATION VALVE BOXWIVBDRAINAGE INLETWATER LINESEWER LINETELEPHONE LINEFIBER OPTIC LINEGAS LINEOVERHEAD ELECTRIC LINE CATV LINEELECTRIC LINE TELEPHONE PEDESTALDYHSFIRE HYDRANTSANITARY MANHOLEELECTRICAL TRANSFORMERGAS METERELECTRICAL METERGLEGENDE30'15'60'SCALE: 1" = 30'N0CLEAN-OUTWATER VALVE BOXCDOT COMMUNICATION VAULTBOLLARDCHAIN-LINK FENCEWOOD FENCEA LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comDRAWNLDVSURVEYEDDJBSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANYNOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.VICINITY MAPSITESURVEYOR'S STATEMENTI, RODNEY P. KISER, DO HEREBY STATE THAT THIS SITE PLAN IS BASED ON A FIELD SURVEY IN SEPTEMBER OF 2020AND WAS PREPARED BY ME AND UNDER MY SUPERVISION AND RESPONSIBLE CHARGE AND THAT IT IS TRUE ANDCORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE.PROJECT NO: 2021-372DATE:October 22, 2021PROPERTY DESCRIPTION:Exhibit B | Application197 Exhibit B | Application 198 Exhibit B | Application 199 PRE-APPLICATION CONFERENCE SUMMARY DATE: 10/19/21 PLANNER: Ben Anderson, Planner, City of Aspen, 429-2765 PROJECT NAME AND ADDRESS: 105 AABC (Pitkin County), Mini-Storage associated with the Lumberyard Project PARCEL ID# 273503102003 REPRESENTATIVE: Bob Schultz, Representative for City Asset Department, 963-3670 DESCRIPTION: In 2020, The City of Aspen purchased a nearly 3-acre parcel in the AABC (Aspen Airport Business Center). This recently acquired property, which is located in unincorporated Pitkin County, but within the Urban Growth Boundary is anticipated to be combined with other adjacent properties (including the “Lumberyard” property) in the creation of an affordable housing development. The property currently contains a mini-storage facility and related uses and structures. Prior to the future Land Use actions that would grant the full entitlements to the eventual project, an application related to this PreApp is be limited to pursue: 1) annexation of the property into the City of Aspen, and 2) establish a “holding” zone that would memorialize the existing development and use of the property until the final plan for the site is developed and implemented. It is proposed that the annexation and initial zoning of the property would be carried out through two ordinances. The annexation process, which is outlined in a step-by-step description in the City of Aspen’s Annexation Plan, would be handled in the first Ordinance. The second Ordinance would establish the initial zoning on the property – which is proposed as SCI (Service/Commercial/Industrial) with a Planned Development Overlay would recognize the current conditions of the property, memorialize the existing development and use of the property, and limit the use until the eventual affordable housing project is initiated. This second Ordinance would require a recommendation from COA’s Planning and Zoning Commission prior to Council review. The Planned Development, as it will be defined and limited by the existing conditions will be very limited in scope and shall be considered in single review by City Council (separate reviews for project and detailed review are not necessary). It is anticipated that both Ordinances will be considered concurrently. Additional Items to consider: 1) This action – the process and steps, is recommended to be modeled after the 2011 action which annexed and rezoned the adjacent Lumberyard process 2) The annexation shall be consistent with requirements as specified by the Colorado Revised Statutes 3) Because of the relatively small size of the proposed annexation (< 10 acres), this annexation does not require the filing of an annexation report with the Pitkin County Board of County Commissioners (BOCC). However, staff strongly encourages the applicant to reach out to Pitkin County for a letter or other statement of support for the annexation and zoning actions. Public Noticing will be required for several public hearings related to the proposed land use actions. Staff requires that Enhanced Public Information is provided per 26.304.035 and strongly recommends that an Information Exhibit B | Application 200 Meeting (in person, virtual, etc.) of some form be held to inform neighbors of the relationship of these land use actions to the anticipated future project. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.310 Amendments to the Text and Zone District Map 26.445 Planned Development 26.575.020 Calculations and Measurements 26.710.160 SCI Zone District CRS 31-12-102…sequence – State Statutes Related to Annexation See Attachment – City of Aspen’s Annexation Plan For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: Community Development staff for complete application Planning and Zoning Commission for Recommendation City Council for Ordinances: Annexation and Planned Development/Rezoning PUBLIC HEARING: Yes; P&Z and City Council PLANNING FEES: $7,800 deposit for 24 hours of staff time (Additional/fewer hours billed/refunded at $325 per hour) REFERRAL FEES: City Engineering Department - $325; 1 hour deposit – additional hours will be billed as necessary. TOTAL DEPOSIT: $8,125 APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: ben.anderson@cityofaspen.com  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. The purpose of this requirement is to show that the Applicant has the authority to apply for a Land Use Case.  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. This should include responses to Statutory and Local Annexation Criteria – as identified in COA’s Annexation Plan  An annexation plat/map  Draft of annexation petition Exhibit B | Application 201  A site improvement survey (no older than a year from submittal) including topography, existing structures, and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. The survey and related information should document the existing structures (floor plans, floor area and other dimensions) and uses on the property. While an annexation report is not required, due to the size of the parcel, the survey could be a mechanism to provide information that would typically be in the annexation report, as applicable.  HOA Compliance form (Attached to Application) Once the copy is deemed complete by staff, the following items will then need to be submitted:  Total fee for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Exhibit B | Application 202 Attachment I Adjacent County Zoning 4,672 778.7 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0778.7389.36 Notes Pitkin Maps & More THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 2:30 PM 10/07/21 at http://www.pitkinmapsandmore.com State Highway Road Centerline 4K Primary Road Secondary Road Service Road Full Address Parcel Boundary Zone District Labels Zone District AH Affordable Housing AH/PUD Affordable Housing/PUD AR-10 Agricultural/Residential (10 Acre) AR-2 Agricultural/Residential (2 Acre) B-1 Rural Business B-2 Business CD/PUD Conservation Development I Industrial LIR-35 Low Impact Residential (35 Acre) Residential Multi-Family MHP Moble Home Park MHP/PUD Mobile Home Park PUD P-I Public-Institutional PUB Public R-6 Medium Density Residential R-15 Moderate Density Residential R-15A Moderate Denisty Residential R-15B Moderate Density Residential R-30 Suburban Density Residential RR Rural Remote RS-160 Resource (160 Acre) RS-20 Resource (20 Acre) Exhibit B | Application 203 Attachment J Adjacent City Zoning Existing County Zoning is B-2 Proposed City Zoning is SCI PD Exhibit B | Application 204 Exhibit B | Application205 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying that the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Sara Ott, City Manager, City of Aspen, Colorado Email: Sara.Ott@aspen.gov Phone No.: 970-920-5083 Address of 105 AABC (aka Woodward Ln.), Aspen, CO 81611 Property: (subject of application) I certify as follows: (pick one) This property is not subject to a homeowner association or other form of private c ovenant. □ This property is subject to a homeowner association or private covenant, and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. □ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Date: 11/30/2021 Owner printed name: Sara G. Ott or, Attorney signature: Date: Attorney printed name: November 2021 City of Aspen|427 Rio Grande Place|(970) 920 5090 DocuSign Envelope ID: 7D7C5B06-B4A1-43B4-8338-B3F48227207D Sara Ott Exhibit B | Application 206 Land Use Application Determination of Completeness Date: January 13, 2022 Christopher Everson City of Aspen 427 Rio Grande Pl. Aspen, CO 81611 Dear Christopher, We have received your land use application for the Aspen Mini Storage Annexation Review (LPA-21-133) and reviewed it for completeness. Your Land Use Application has been deemed Complete. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Ben will be the staff planner for this project and his contact information is as follows: ben.anderson@aspen.gov. At this time, please submit the $8,125.00 deposit by contacting our administrative staff for other payment options. The administrative staff may be reached during normal business hours at 970-920-5090 or buildingadmins@cityofaspen.com. Thank You, Garrett Larimer, Senior Planner City of Aspen, Community Development Department Exhibit B | Application 207 Land Use Application Determination of Completeness Date: January 13, 2022 Christopher Everson City of Aspen 427 Rio Grande Pl. Aspen, CO 81611 Dear Christopher, We have received your land use application for the Aspen Mini Storage Annexation Review (LPA-21-133) and reviewed it for completeness. Your Land Use Application has been deemed Complete. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Ben will be the staff planner for this project and his contact information is as follows: ben.anderson@aspen.gov. At this time, please submit the $8,125.00 deposit by contacting our administrative staff for other payment options. The administrative staff may be reached during normal business hours at 970-920-5090 or buildingadmins@cityofaspen.com. Thank You, Garrett Larimer, Senior Planner City of Aspen, Community Development Department Exhibit B | Application 208 Aspen Mini Storage Annexation Request Initial Zoning Map Request Planned Development (Combined Project/Detailed) 105 AABC (aka Woodward Ln.) Lot 3 of the Communications Center Subdivision Parcel: 273503102003 Prepared for: City of Aspen 130 S. Galena St. Aspen, CO 81611 Prepared by: Robert Schultz Consulting, LLC 354 Fawn Dr. Carbondale, CO 81623 October 2021 Exhibit B | Application 209 Aspen Mini Storage Annexation, Initial Zoning, PD 2 Introduction The City of Aspen acquired Lot 3 of the Communications Center Subdivision for future development of affordable housing as part of a land assemblage with the adjacent City-owned parcels. At this time, the City applies to: 1.) annex the land, and, 2.) zone the property SCI PD to allow the existing storage use to continue without expansion until future plans for housing are completed, approved, and ready for construction. That will require initial zoning to be granted and adoption of the current survey as defining the Planned Development. The +/- 2.977-acre property is currently in unincorporated Pitkin County and within the Aspen Urban Growth Boundary. The County zoning for the property is B-2 (General Business). The current uses include 244 storage units, an office, and an apartment for the on-site manager. Two of the seven storage buildings include basement level storage. There are also 27 commercial parking spaces at the site. The Communications Center Subdivision is not part of the Aspen Airport Business Center but rather was the subject of county subdivision in 1985. In 1988, it was re-subdivided to create Lot 3, the subject parcel. In 1990, Lot 3 was removed from the Condominium Declarations that bound the subdivision. The benefits of annexation to the City are that the existing +/- 27,587 square foot (sf) storage operation will continue to operate and generate lease revenue for the City while ongoing analysis and planning for future housing is completed. The lumber yard property to the south was acquired and annexed for similar purposes in 2009 using the same process proposed in this application. The annexation and interim SCI PD zoning are logical steps toward planning for the entire assemblage of land and the ultimate redevelopment of the property while retaining lease revenue from the operations on the property. This property also provides the opportunity for a planned future connection between the Aspen Airport Business Center and a proposed future intersection with SH 82 as directed by the Colorado Department of Transportation’s Access Control Plan for the area. At the appropriate time, a land use plan will be submitted to the City for rezoning and construction of affordable housing. Exhibit B | Application 210 Aspen Mini Storage Annexation, Initial Zoning, PD 3 Contents Petition For Annexation Page 4 Statutory Annexation Criteria Page 5 Local Annexation Criteria Page 9 Initial Zoning Page 15 Planned Development Page 18 Schedule of Attachments Page 21 Exhibit B | Application 211 Aspen Mini Storage Annexation, Initial Zoning, PD 4 Exhibit B | Application 212 Aspen Mini Storage Annexation, Initial Zoning, PD 5 Statutory Annexation Criteria: 31-12-104 Eligibility (1) No unincorporated area may be annexed to a municipality unless one of the conditions set forth in section 30 (1) of article II of the state constitution first has been met. An area is eligible for annexation if the provisions of section 30 of article II of the state constitution have been complied with and the governing body, at a hearing as provided in section 31-12-109, finds and determines: (a) That not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity shall not be affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, public lands, whether owned by the state, the United States, or an agency thereof, except county-owned open space, or a lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality and the land proposed to be annexed. Subject to the requirements imposed by section 31-12-105 (1)(e), contiguity may be established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together for the purposes of the public hearing required by sections 31-12-108 and 31-12-109 and the annexation impact report required by section 31-12- 108.5. (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by paragraph (a) of this subsection (1) shall be a basis for a finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented at the hearing provided for in section 31-12-109, finds that at least two of the following are shown to exist: (I) Less than fifty percent of the adult residents of the area proposed to be annexed make use of part or all of the following types of facilities of the annexing municipality: Recreational, civic, social, religious, industrial, or commercial; and less than twenty-five percent of said area’s adult residents are employed in the annexing municipality. If there are no adult residents at the time of the hearing, this standard shall not apply. (II) One-half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners of such agricultural land, under oath, express an intention to devote the land to such agricultural use for a period of not less than five years. (III) It is not physically practicable to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all of its citizens on the same terms and conditions as such services are made available to such citizens. This standard shall not apply to the extent that any portion of an area proposed to be annexed is provided or will within the reasonably near future be provided with any service by or through a quasi-municipal corporation. Response: The total perimeter of Lot 3 of the Communications Center Subdivision is 1665.54 linear feet. The contiguous portion of the perimeter is 435.05 linear feet (see Attachment C). One-sixth of the perimeter is 277.59 linear feet; thus the necessary contiguity is established. None of the exceptions described in Section 1(b) are applicable. Exhibit B | Application 213 Aspen Mini Storage Annexation, Initial Zoning, PD 6 (2) (a) The contiguity required by paragraph (a) of subsection (1) of this section may not be established by use of any boundary of an area which was previously annexed to the annexing municipality if the area, at the time of its annexation, was not contiguous at any point with the boundary of the annexing municipality, was not otherwise in compliance with paragraph (a) of subsection (1) of this section, and was located more than three miles from the nearest boundary of the annexing municipality, nor may such contiguity be established by use of any boundary of territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. (b) Because the creation or expansion of disconnected municipal satellites, which are sought to be prohibited by this subsection (2), violates both the purposes of this article as expressed in section 31-12-102 and the limitations of this article, any annexation which uses any boundary in violation of this subsection (2) may be declared by a court of competent jurisdiction to be void ab initio in addition to other remedies which may be provided. The provisions of section 31-12- 116 (2) and (4) and section 31-12-117 shall not apply to such an annexation. Judicial review of such an annexation may be sought by any municipality having a plan in place pursuant to section 31-12-105 (1)(e) directly affected by such annexation, in addition to those described in section 31-12-116 (1). Such review may be, but need not be, instituted prior to the effective date of the annexing ordinance and may include injunctive relief. Such review shall be brought no later than sixty days after the effective date of the annexing ordinance or shall forever be barred. (c) Contiguity is hereby declared to be a fundamental element in any annexation, and this subsection (2) shall not in any way be construed as having the effect of legitimizing in any way any noncontiguous annexation. Response: No municipal satellite is proposed, the subject property is within the Aspen Urban Growth Boundary and the adjacent contiguous parcel was previously annexed in accordance with Section 1. 31-12-105 Limitations (1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations shall apply to all annexations: (a) In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. (b) In establishing the boundaries of any area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) shall be included under this part 1 without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the application of this paragraph (b), contiguity shall not be affected by a dedicated street, road, or other public way. Exhibit B | Application 214 Aspen Mini Storage Annexation, Initial Zoning, PD 7 (c) No annexation pursuant to section 31-12-106 and no annexation petition or petition for an annexation election pursuant to section 31-12-107 shall be valid when annexation proceedings have been commenced for the annexation of part or all of such territory to another municipality, except in accordance with the provisions of section 31-12-114. For the purpose of this section, proceedings are commenced when the petition is filed with the clerk of the annexing municipality or when the resolution of intent is adopted by the governing body of the annexing municipality if action on the acceptance of such petition or on the resolution of intent by the setting of the hearing in accordance with section 31-12-108 is taken within ninety days after the said filings if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective date of the resolution accepting the petition and setting the hearing date and if an annexation procedure initiated by resolution of intent or by petition for an annexation election is prosecuted without unreasonable delay after the effective date of the resolution setting the hearing date. (d) As to any annexation which will result in the detachment of area from any school district and the attachment of the same to another school district, no annexation pursuant to section 31-12- 106 or annexation petition or petition for an annexation election pursuant to section 31-12-107 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation. (e) (I) Except as otherwise provided in this paragraph (e), no annexation may take place that would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. Within said three-mile area, the contiguity required by section 31-12-104 (1)(a) may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Prior to completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area that generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the property is within the three-mile limit. In such event, the entire property held in identical ownership may be annexed in any one year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone. (II) Prior to completion of an annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved pursuant to subparagraph (I) of this paragraph (e), the municipality shall annex any of the following parcels that abut a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, where the parcel satisfies all of the eligibility requirements pursuant to section 31-12-104 and for which an annexation petition has been received by the municipality no later than forty-five days prior to the date of the hearing set pursuant to section 31-12-108 (1): (A) Any parcel of property that has an individual schedule number for county tax filing purposes upon the petition of the owner of such parcel; Exhibit B | Application 215 Aspen Mini Storage Annexation, Initial Zoning, PD 8 (B) Any subdivision that consists of only one subdivision filing upon the petition of the requisite number of property owners within the subdivision as determined pursuant to section 31-12-107; and (C) Any subdivision filing within a subdivision that consists of more than one subdivision filing upon the petition of the requisite number of property owners within the subdivision filing as determined pursuant to section 31-12-107. (e.1) The parcels described in subparagraph (II) of paragraph (e) of this subsection (1) shall be annexed under the same or substantially similar terms and conditions and considered at the same hearing and in the same impact report as the initial annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Impacts of the annexation upon the parcels described in subparagraph (II) of paragraph (e) of this subsection (1) that abut such platted street or alley, public or private right-of-way, public or private transportation right-of-way or area, or lake, reservoir, stream, or other natural or artificial waterway shall be considered in the impact report required by section 31-12-108.5. As part of the same hearing, the municipality shall consider and decide upon any petition for annexation of any parcel of property having an individual schedule number for county tax filing purposes, which petition was received not later than forty-five days prior to the hearing date, where the parcel abuts any parcel described in subparagraph (II) of paragraph (e) of this subsection (1) and where the parcel otherwise satisfies all of the eligibility requirements of section 31-12-104. (e.3) In connection with any annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, upon the latter of ninety days prior to the date of the hearing set pursuant to section 31-12-108 or upon the filing of the annexation petition, the municipality shall provide, by regular mail to the owner of any abutting parcel as reflected in the records of the county assessor, written notice of the annexation and of the landowner’s right to petition for annexation pursuant to section 31-12-107. Inadvertent failure to provide such notice shall neither create a cause of action in favor of any landowner nor invalidate any annexation proceeding. (f) In establishing the boundaries of any area proposed to be annexed, if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed. (g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a municipality shall not deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining a platted street or alley which has been annexed by the municipality but is not bounded on both sides by the municipality. (h) The execution by any municipality of a power of attorney for real estate located within an unincorporated area shall not be construed to comply with the election provisions of this article for purposes of annexing such unincorporated area. Such annexation shall be valid only upon compliance with the procedures set forth in this article. Response: None of the limitations to annexation described in C.R.S. 31-12-105 are applicable to this annexation request. Exhibit B | Application 216 Aspen Mini Storage Annexation, Initial Zoning, PD 9 Local Annexation Criteria AACP Compliance Annexation requests should be reviewed for alignment with the Aspen Area Community Plan (AACP). Annexation of certain lands could facilitate accomplishment of the plan’s goals, philosophy, policies, or specific action items. Response: The current application is to annex the parcel and to zone the property to continue the existing storage use of the property. Thus, no change is proposed in relationship to the AACP. At some point in the future, the property is intended to become part of a larger affordable housing project for local residents. That proposal will need to address AACP goals and objectives, in particular goals for housing locals. Urban Growth Boundary The City of Aspen approved Aspen’s Urban Growth Boundary via adoption of the 2012 AACP. The UGB identifies the land surrounding Aspen as either appropriate for urban development (within the UGB) or inappropriate for urban development (outside the UGB). Land within the UGB is expected to become part of the City’s urbanized area and should be considered appropriate for annexation. Land outside the UGB should only be annexed as a method of preserving the non-urban character of lands surrounding Aspen. The UGB does not necessarily need to be amended unless the land is intended for an urban level of development. Annexation of land outside the UGB, in fact, may serve a significant public purpose. Response: The parcel is located within the Urban Growth Boundary and in an area defined as “Aspen Business Center and North Forty” in the 2019 Aspen Annexation Plan. Significant Annexations Changing the regulatory structure and jurisdiction of significant community facilities, large developments, and large tracts of vacant land present considerable potential for community change. These annexation proposals should involve discussion between the Aspen City Council and the Pitkin County Board of County Commissioners. A joint work session at which various land use issues are discussed can only benefit the City in it analysis of a significant annexation. For example: properties entitled by the County and annexed into the City can require complex administration of development rights, especially when amendments are requested. Discussing the primary elements of the land use review can simplify administration and provide benefit to the annexing landowner. Likewise, certain annexation proposals may present concerns to other governmental and quasi- governmental agencies with jurisdiction or other interest in the property. As necessary, formal referral comments or work session-format meetings can be held to identify these concerns. Response: The proposal is to annex the land and continue the current land use, thus the annexation does not meet the description of a Significant Annexation. Exhibit B | Application 217 Aspen Mini Storage Annexation, Initial Zoning, PD 10 Fiscal Impact Analysis. The City should fully understand the financial implication of assuming additional lands upon each of its functions. The City Finance Department has modeled fiscal impacts of recent significant annexations and this information has been critical in determining the appropriateness of annexation. Certain capital improvements may be necessary as well as additional operation and service costs. These need to be balanced with additional special fund revenues that are gained. Pitkin County voters adopted a 2 percent Countywide sales tax, including a provision distributing 47 percent of the tax proceeds to Pitkin County and 53 percent to the City of Aspen. At some point, the distribution of countywide sales tax may need to be reconsidered as more service responsibilities shift to the City. Response: The current proposal is to annex the land and continue the current land use. The storage site does not generate property tax revenue since it is owned by the City and requires very few municipal services that are not already provided by the City or special districts. Annexing the land will allow for orderly planning of future use of the site in conjunction with adjacent City parcels. The City will receive ongoing lease revenues from the existing storage and parking leases, which benefits the future affordable housing project. No fiscal impact analysis was required for this application. Once a redevelopment plan is proposed for this and adjacent properties, the costs of new infrastructure and new services versus revenues can be quantified and reviewed by the City as part of land use review. Development Rights/Zoning Development rights associated with a property in Pitkin County versus those if the property is annexed into the City of Aspen should be considered. Annexations are typically associated with a proposal to further develop the property. Traditionally, the City weighs an increase in development rights in relation to accomplishment towards community goals available through annexation. A complete understanding of a property’s development potential, prior to annexation, should include a zoning build-out analysis considering regulatory limitations, such as growth management and impact fees, and regulatory incentives, such as the use of Transferable Development Rights. The public policy of such regulations and the impact of changing the regulatory structure upon the City should be considered. Zoning of newly annexed land should approximate development rights prior to annexation, unless a site-specific development plan is approved concurrent with annexation. The creation of non-conformities should be avoided, although custom legislation to address special interests can further complicate the City’s regulatory environment. The City should encourage the legalization of “bandit units” through the City’s Accessory Dwelling Unit provisions to ensure compliance with the health and safety standards of Adopted building codes. These units should be expected in older subdivisions surrounding Aspen. Exhibit B | Application 218 Aspen Mini Storage Annexation, Initial Zoning, PD 11 Response: The current zoning in Pitkin County is B-2. “The B-2 (General Business) zone district is intended to provide for the establishment of commercial and low-intensity, non-polluting industrial uses that do not require or generate high customer traffic volumes and to permit customary accessory uses, including a small portion of the land area in high density, long- term residential dwelling units. Because of the need to preserve the existing inventory of B-2 zone district lands for commercial purposes, residential uses are secondary in priority to commercial uses.” Pitkin County LUC 3-60-10 The proposed City zoning is Service/Commercial/Industrial (SCI) PD. “The S/C/I zone supports Aspen Area Community Plan policies related to a sustainable, local serving economy and the preservation of a diversity of commercial opportunities for locals and visitors. In response to the decreased intensity of commercial uses in the zone and relative distance from the CC and C1 zones, both multi-modal and automobile parking improvements are appropriate on site in the S/C/I. In order to enhance the City's commercial diversity, the zone allows for uses not found in other zones including light industrial, manufacturing, production, repair and similar service-related uses. The S/C/I zone is designed to provide commercial space to those uses not appropriate in other commercial zones, but which provide an essential or unique service to support the local economy. Flexibility and adaptability are important features of the zone to respond to changing commercial sector dynamics and meet the space needs of the City's service, creative and production economies.” Aspen Municipal Code 26.710.160 The SCI PD zoning will restrict land use to the existing uses and allow the existing extent of use. A Planned Development designation is proposed to limit the development to the existing buildings. Only regular maintenance and repairs are anticipated at the site. When a future redevelopment plan is advanced for this and adjacent City property, then a zoning change is expected. There are additional considerations for properties in this area that are subject to Pitkin County’s Land Use Code Section 3-70-50 that were not analyzed since no change in the land use is proposed in this annexation. However, the table below was prepared to display the two zone districts. The dimensional standards of the proposed SCI PD and existing B-2 zone districts are displayed below: Exhibit B | Application 219 Aspen Mini Storage Annexation, Initial Zoning, PD 12 Standard Proposed: City of Aspen SCI PD Existing: Pitkin County B-2 Lot Size (sf) +/- 129,678 +/- 129,678 Minimum Lot Size (sf) Existing per PD Survey 6,000 Minimum Front Setback Existing per PD Survey 200’ Minimum Rear Setback Existing per PD Survey 10’ Minimum Side Setback Existing per PD Survey 10’ Maximum Height Existing per PD Survey 28’ Floor: Area Ratio Existing per PD Survey 0.36:1 Allowable Floor Area (sf) +/- 27,590 (per PD Survey) 46,684 Proposed Floor Area (sf) 27,590 (per PD Survey) 27,590 Pitkin County Transferable Development Rights Certain lands in the County within the City’s annexation area are eligible for increased development rights through the extinguishment of transferable development rights (TDRs). Certain site-specific approvals granted in Pitkin County may involve or require the use of TDRs. And, certain development may have already occurred by use of these TDRs necessitating acknowledgment of the realized increased development right. Until the City adopts a program for accepting Pitkin County Transferable Development Rights, each individual annexation request should include an analysis of TDR-contingent land use scenarios and, if necessary, an agreement should be reached describing the future use of Pitkin County TDRs within the newly annexed area. Response: The proposed annexation does not anticipate the use of Pitkin County transferable development rights. The existing use is expected to continue for some period and the site is anticipated to transition to affordable housing through a future land use application. Usefulness and Appropriateness of Each Jurisdiction’s Regulations As Aspen City limits expand beyond the original townsite, the effects of environmental constraints and hazards on development increase. Pitkin County’s 1041 regulations address development on steep slopes, in wildfire hazard areas, in rockfall and avalanche hazard areas, and within wildlife corridors. The City’s Environmentally Sensitive Area review standards address flood hazard areas and development above the 8,040-foot elevation. The County’s regulations primarily attempt to minimize land use intensity and minimize the infrastructure and operational effects of development. The City’s land use code encourages the intense use of land and addresses urban development issues, such as architectural character. In transition areas, the City’s Planned Unit Development regulations should be used to establish an appropriate balance. Design standards for public improvements also reflect the rural and urban aspect of each jurisdiction. The appropriateness of each jurisdiction’s development regulations and design standards should be considered in each annexation. The acceptance of substandard public improvements and potential public costs of upgrading those facilities should also be considered. Exhibit B | Application 220 Aspen Mini Storage Annexation, Initial Zoning, PD 13 The City may require certain facilities be upgraded prior to annexation. Alternatively, the City may require a cash payment to accommodate expected City capital improvement and operational expenses. The City currently has no experience administering remote backcountry and Forest Service lands. These lands could require significant changes to the City’s emergency services. The public costs of annexing remote lands should be considered in relation to the public goals of such an action. Aspen’s Ski Area Base (SKI) Zone District addresses development at the base of ski areas. The zoning provides for a mixture of skiing, recreational, commercial, and tourist-oriented uses and requires adoption of a Planned Unit Development. This zoning was applied to Aspen Highlands Base Village and may be appropriate for the Buttermilk Ski Area base, upon annexation. Response: The current storage use is expected to continue in the near term with no expansion proposed. A Planned Development designation on the property will limit land uses to the existing structures. Storage is an allowed accessory use in the SCI zone. The PD designation limits the storage to existing uses while recognizing that the use is more intense than allowed as a use by right in the zone district. Ultimately, this parcel and adjacent City-owned parcels will be master planned and permitted for affordable housing for local workers. The intensity and character of that development will be an important topic of community input. The City has initiated community outreach about potential futures for the property and will continue to do so as a master plan is developed and permitted. Deer Hill is subject to a conservation easement that was implemented based on findings from previous affordable housing efforts. The area is within the Urban Growth Boundary and has urbanized due to previous City and County land use approvals. The area also hosts important transportation facilities including the Pitkin County Airport, a bus rapid transit station and bus maintenance facility, and SH 82. Infrastructure and Ability to Serve Annexation reviews typically focus a great deal of fiscal analysis on the potential extension of urban services to annexed territories. Cost, capacity, and engineering issues related extension of the City’s municipal water system to developing land on the urban fringe is a significant annexation issue. Currently, several small water districts serve residences located outside the City’s boundaries but within the service area of the water system. These small districts may present a problem for the City as their capital facilities may not be providing acceptable standards of service. Upgrading is expensive, and may become the responsibility of the City following annexation. Exhibit B | Application 221 Aspen Mini Storage Annexation, Initial Zoning, PD 14 The County does not currently require new periphery development to join the City’s municipal water system. However, these county development proposals must be reviewed by the City Council and found in compliance with the AACP in order to obtain City water service. In these cases, the City often requires compliance with City development regulations. Property owners developing a property eligible for annexation should consult the City’s Community Development Department and consider annexation. Response: The property is currently served by City municipal water and Aspen Sanitation District wastewater services. That service is not expected to change due to annexation. In the future, redevelopment of the site will require expanded utility services. The cost of those services will be analyzed in conjunction with the master plan for the area. Simplicity of City Boundary The City/County boundary has created confusion for citizens and staff responsible for enforcing public policy. A complex boundary can complicate emergency service provision and, in extreme cases, defeat efforts of law enforcement officers. Annexations simplifying the boundary should be encouraged while those further complicating the division should be avoided. Response: The City/County boundary in the AABC area is not simple and this annexation will likely make it neither more nor less complex. The area is an interface of municipal and county uses and users that are not necessarily in the jurisdiction one might predict. Annexing the mini storage parcel is unlikely to change any existing complexity. The most significant anomaly appears to be the unincorporated Mountain Rescue parcel, which is surrounded on three sides by the City. Annexation of Lot 3 of the Communications Center Subdivision does not create a significant change to that situation. Attachment D displays the vicinity. Involvement of law enforcement and emergency providers during the future review of a land use change could reduce potential confusion about service territory. The existing storage use is a use that does not generate significant demand for emergency services regardless of jurisdiction. Exhibit B | Application 222 Aspen Mini Storage Annexation, Initial Zoning, PD 15 City of Aspen Land Use Code- Initial Zoning Pre-Application Conference Notes- See Attachment H Fee Agreement- See Attachment F Compliance with Sec. 26.304.035 Neighborhood Outreach Response: Outreach to neighbors and the community at-large has been ongoing over the previous two years regarding the ultimate affordable housing plan and steps needed to achieve that goal. This annexation and zoning are a logical step toward that future housing plan but the housing plan will be a separate, future application. The City of Aspen Public Record includes reports on the affordable housing project outreach that was presented in public City Council meetings. In late October, an email update with project information, including this annexation request, was sent to more than 300 participants in previous project outreach events who expressed interest in project updates as well as the City’s email list. In addition, a public outreach event is planned for December 9 to continue outreach regarding project progress, including the annexation and initial zoning of the property. Individual outreach has also been employed during the ongoing public outreach to specific stakeholders. A project website at www.aspenlumberyard.com was used during the previous phase of work and information is currently being shared at: https://www.aspencommunityvoice.com/lumberyard. That site provides information on the overall planning for future housing as well as the annexation. There are opportunities for feedback as well as information about upcoming input opportunities and summaries of previous public comments. Finally, mailed public notice will be sent to property owners in an area far greater than that required by the land use code. Notice will include residences in the North Forty and Burlingame neighborhoods, which are outside of the required boundary. Compliance with Sec. 26.310.080 Rezoning (a) General Application Information Response: See Attachments F and G Exhibit B | Application 223 Aspen Mini Storage Annexation, Initial Zoning, PD 16 (b) Present Zone District and Land Uses Response: The Lot 3 of the Communications Center Subdivision is currently zoned by Pitkin County as B-2 (General Business) and it houses a storage facility. The initial zoning for the property is proposed to be SCI (Service/Commercial/Industrial) Planned Development to allow the continued operation of the storage facility. No expansion, change of use or “proposed development” is proposed. In the future, a plan for affordable housing will be completed and submitted for consideration and rezoning appropriate for the use proposed will be initiated. (c) The Area of the Property Response: The subject property is +/- 129,678 square feet or 2.977 acres. (d) An Accurate Survey of the Property Response: See Attachment E Compliance with Sec. 26.310.090 Zoning Standards of Review (a) Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics Response: The proposed amendment will allow the storage operation to continue while planning and permitting for affordable housing on this and adjacent parcels is pursued. The property to the south is owned by the City and is zoned SCI. The property to the north is in the unincorporated county and includes commercial, light industrial and affordable housing uses. To the east are storage and affordable housing uses. To the west is Highway 82 and the Pitkin County Airport. That mix of uses is characteristic of the area. The SCI PD zoning is the most logical zone district given existing use and the existing City zoning to the south and local serving orientation. Adjacent City and County zoning are displayed on Attachments I and J. (b) Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of those such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Response: The proposed amendment continues the low impact use tied to the storage operation. No expansion of the operation is anticipated. In the future, an affordable housing plan is intended to be proposed and any impacts associated with that use will need to be considered during review of such proposal. Exhibit B | Application 224 Aspen Mini Storage Annexation, Initial Zoning, PD 17 (c) Whether and extent to which proposed zoning amendment would result in significantly adverse impacts on the natural environment. Response: The proposed rezoning is to continue the existing storage use, no new impacts to the natural environment are anticipated. Ultimately, an affordable housing proposal will be proposed for the property that will require a rezoning and any new impacts may be assessed at that time. (d) Whether the proposed amendment is consistent and compatible with the community character in the City and in harmony with the public interest and intent of this Title. Response: The proposed zoning amendment will not change the existing use of the property. The property is compatible with nearby light industrial, residential, and commercial uses as evidenced by years of experience. That mix of uses is consistent with the character of the area. The zoning proposed is consistent with that mix of uses, many of which serve City of Aspen residents. Exhibit B | Application 225 Aspen Mini Storage Annexation, Initial Zoning, PD 18 Planned Development Compliance with Sec. 26.445.050 Planned Development Review Standards Response: The proposed use already exists, and no new development is proposed. (a) The property is within the Aspen Urban Growth Boundary and one of the areas identified for possible annexation in the Aspen Annexation Plan. The existing use is consistent with the type of uses in the area. (b) The site is already developed, and no hazards are present. (c) The site is developed; no additional development is proposed. (d) The PD dimensional standards to intended to limit development to the existing uses and buildings/improvements. (e) No new development is proposed. (f) Existing pedestrian and trail improvements will continue. (g) No new development is proposed. (h) No new development is proposed. (i) No change to access or circulation are proposed. A future housing plan is intended to enhance access and circulation in accord with an approved Highway 82 Access Control Plan, while this annexation supports that ultimate improvement it is not part of the current application. Compliance with Sec. 26.445.060 Use Variation Standards Response: Rather than to vary from standards, the purpose of the Planned Development is to “freeze” the existing use and structures in place until a future affordable housing plan is created, approved and ready for development. The storage use is typically an accessory use in this zone district, but it is the primary use in this instance. (a) The existing use is to continue an existing use which is consistent with the mix of storage, light industrial, housing, and commercial uses in the area. (b) No new development or variation is proposed. (c) No new development or variation is proposed. (d) The existing use is compatible with the planning for the AABC area, which includes residential, commercial, light industry and storage uses. Compliance with Sec. 26.445.080 Application Contents Response: The contents are largely not applicable since the proposal is to limit an existing use and series of buildings and spaces to their existing conditions. (a)(1) See above. (2) A survey is Attachment E. (3) The purpose of the Planned Development is to limit and allow the uses and buildings to the existing conditions. In the future, an affordable housing plan will be submitted for review on this and adjacent parcels. (4) No change is proposed in the architectural character of the site or the landscaping. (5) Utilities are currently in place and in service. (6) The dimensional requirements are based on the existing conditions as documented in Attachment E, Survey/PD Plan. (7)The site is already developed, thus no additional soils, hazard, or utility studies are warranted. Future housing plans will perform such analysis, as required. Exhibit B | Application 226 Aspen Mini Storage Annexation, Initial Zoning, PD 19 (8) The site is already developed and the public infrastructure is in place, no changes are proposed. (9) See above. (10) The application includes annexation and initial zoning for the property along with a Planned Development designation to limit uses and buildings to existing conditions. (b)(1) See above. (2) See Attachment E. (3) The site is developed and no changes are proposed. (4) No new development is proposed. (5) No new development is proposed no new grading or stormwater features are proposed. (6) No new development is proposed. Attachment E includes transportation and pedestrian improvements that exist. (7) Not applicable. (8) Not applicable. (9) No new improvements are proposed, normal maintenance activities will continue at the expense of the property owner. (10) Not applicable. (11) See above. (12) The application includes annexation and initial zoning for the property along with a Planned Development designation to limit uses and buildings to existing conditions. Compliance with Sec. 26.575.020 Supplemental Regulations- Calculations and Measurements Response: The dimensional allowances and limitations for Lot 3 of the Communications Center Subdivision shall be the existing conditions as outlined in the Improvement Survey attached as Attachment E. The dimensions of the survey shall be used to create the boundary of the initial zoning map amendment. Compliance with Sec. 26.710.160 Service/Commercial/Industrial Zone Response: (a) The existing uses include storage, commercial parking, an on-site manager housing unit, and an office. These uses are suited to the location and target service local residents and businesses. (b)(c) The existing uses would be limited or conditioned through the SCI zoning, the Planned Development overlay limits the uses and structures to the existing conditions described in Attachment E. The PD designation would allow continued use until a future housing planning is designed, approved, and ready for construction. The continued uses include 244 storage spaces in seven storage buildings (two with basement storage), an office, an on-site manager residence, and 27 commercial parking spaces. (d) The dimensional requirements are based on the existing conditions as depicted in Attachment E. No new development is proposed. (e) Not applicable. (f) Not Applicable. (g) Not applicable. HOA Compliance Form Response: Not applicable, the property is not a member of a Homeowners Association. Exhibit B | Application 227 Aspen Mini Storage Annexation, Initial Zoning, PD 20 Dimensional Requirements Form Response: The property is restricted to the dimensional requirements of the existing conditions, as depicted on Attachment E. Exhibit B | Application 228 Aspen Mini Storage Annexation, Initial Zoning, PD 21 Schedule of Attachments A- Deed and Legal Description B- Title Commitment- Proof of Ownership C- Annexation Plat D- Vicinity Map E- Survey/PD Plan F- Fee Agreement G- Land Use Application Form H- Pre-Application Conference Notes I- Adjacent County Zoning J- Adjacent City Zoning K- Existing Landscaping L- HOA Compliance Form Exhibit B | Application 229 PRE-APPLICATION CONFERENCE SUMMARY DATE: 10/19/21 PLANNER: Ben Anderson, Planner, City of Aspen, 429-2765 PROJECT NAME AND ADDRESS: 105 AABC (Pitkin County), Mini-Storage associated with the Lumberyard Project PARCEL ID# 273503102003 REPRESENTATIVE: Bob Schultz, Representative for City Asset Department, 963-3670 DESCRIPTION: In 2020, The City of Aspen purchased a nearly 3-acre parcel in the AABC (Aspen Airport Business Center). This recently acquired property, which is located in unincorporated Pitkin County, but within the Urban Growth Boundary is anticipated to be combined with other adjacent properties (including the “Lumberyard” property) in the creation of an affordable housing development. The property currently contains a mini-storage facility and related uses and structures. Prior to the future Land Use actions that would grant the full entitlements to the eventual project, an application related to this PreApp is be limited to pursue: 1) annexation of the property into the City of Aspen, and 2) establish a “holding” zone that would memorialize the existing development and use of the property until the final plan for the site is developed and implemented. It is proposed that the annexation and initial zoning of the property would be carried out through two ordinances. The annexation process, which is outlined in a step-by-step description in the City of Aspen’s Annexation Plan, would be handled in the first Ordinance. The second Ordinance would establish the initial zoning on the property – which is proposed as SCI (Service/Commercial/Industrial) with a Planned Development Overlay would recognize the current conditions of the property, memorialize the existing development and use of the property, and limit the use until the eventual affordable housing project is initiated. This second Ordinance would require a recommendation from COA’s Planning and Zoning Commission prior to Council review. The Planned Development, as it will be defined and limited by the existing conditions will be very limited in scope and shall be considered in single review by City Council (separate reviews for project and detailed review are not necessary). It is anticipated that both Ordinances will be considered concurrently. Additional Items to consider: 1) This action – the process and steps, is recommended to be modeled after the 2011 action which annexed and rezoned the adjacent Lumberyard process 2) The annexation shall be consistent with requirements as specified by the Colorado Revised Statutes 3) Because of the relatively small size of the proposed annexation (< 10 acres), this annexation does not require the filing of an annexation report with the Pitkin County Board of County Commissioners (BOCC). However, staff strongly encourages the applicant to reach out to Pitkin County for a letter or other statement of support for the annexation and zoning actions. Public Noticing will be required for several public hearings related to the proposed land use actions. Staff requires that Enhanced Public Information is provided per 26.304.035 and strongly recommends that an Information Exhibit B | Application 230 Meeting (in person, virtual, etc.) of some form be held to inform neighbors of the relationship of these land use actions to the anticipated future project. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.310 Amendments to the Text and Zone District Map 26.445 Planned Development 26.575.020 Calculations and Measurements 26.710.160 SCI Zone District CRS 31-12-102…sequence – State Statutes Related to Annexation See Attachment – City of Aspen’s Annexation Plan For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: Community Development staff for complete application Planning and Zoning Commission for Recommendation City Council for Ordinances: Annexation and Planned Development/Rezoning PUBLIC HEARING: Yes; P&Z and City Council PLANNING FEES: $7,800 deposit for 24 hours of staff time (Additional/fewer hours billed/refunded at $325 per hour) REFERRAL FEES: City Engineering Department - $325; 1 hour deposit – additional hours will be billed as necessary. TOTAL DEPOSIT: $8,125 APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: ben.anderson@cityofaspen.com  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. The purpose of this requirement is to show that the Applicant has the authority to apply for a Land Use Case.  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. This should include responses to Statutory and Local Annexation Criteria – as identified in COA’s Annexation Plan  An annexation plat/map  Draft of annexation petition Exhibit B | Application 231  A site improvement survey (no older than a year from submittal) including topography, existing structures, and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. The survey and related information should document the existing structures (floor plans, floor area and other dimensions) and uses on the property. While an annexation report is not required, due to the size of the parcel, the survey could be a mechanism to provide information that would typically be in the annexation report, as applicable.  HOA Compliance form (Attached to Application) Once the copy is deemed complete by staff, the following items will then need to be submitted:  Total fee for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Exhibit B | Application 232 Exhibit B | Application 233 GMETAL LEAN-TO LUMBERSTORAGE BUILDING322.3'S320.7'24.2'EDGE OF PAVEMENTEEDYHINLET7775.23INLET7775.39GRAVEL PARKING - STORAGE AREAROCK WALL 180.7'180.7'20.4' 20.4'INLET7771.24INLET7772.75INLET7771.14METAL STORAGE BUILDINGMETAL STORAGE BUIL D I N G METAL STORAGE BUILDING25.0'30.0'30.0'20.0'INLET7771.2225.0'30.0'30.0'20.0'15.5'(TIE)BUILDING20.0'5.0'25.0'60.6' 97.8' 35.0' 105.7' 105.7' 105.7' 105.7' 105.7' 105.7' 135.7' 135.7'185.7'185.7'20.0' 20.0' EDGE OF PAVEMENT METAL STORAGE BUIL D I N G METAL STORAGE BUILD I N G METAL STORAGE BUILD I N G METAL STORAGE BUILD I N G 105 WOODWARD LANE 2.0' WITNESS CORNERSET #5 REBAR & 1-1/4"BLUE PLASTIC CAP WCTNC PLS38215FOUND #5 REBAR &1-1/4" YELLOW PLASTICCAP LS16129ROCK RETAININGSITE BENCH MARKFOUND #5 REBAR & 1-1/4" YELLOWPLASTIC CAP HCE LS19598ELEVATION: 7775.13FOUND #4REBAR &1" REDPLASTIC CAP ILLEGIBLEFOUND #5REBAR & 1-1/2"ALUMINUMCAP LS31551FOUND #5REBAR & 1-1/4"YELLOW PLASTICCAP LS23875PAVED ROADWAY PAVED DRIVE PAVED DRIVE2'± ELEVATION DROPBETWEEN CONCRETE &PAVEMENTALONG THIS LINE4' WIDE CONCRETE DRAINAGE PAN 9.7' WITNESS CORNERFOUND #5 REBAR & 2"ALUMINUM CAP LS238759.7'(TIE)CONCRETE RETAINING WALLLOT 2COMMUNICATIONS CENTERSUBDIVISIONLOT 1COMMUNICATIONS CENTERSUBDIVISIONLOT 3QWEST/CITY OF ASPENSUBDIVISION EXEMPTIONLOT LINE ADJUSTMENTPAVED PATH AMERICANROADWOODWARD LANECOLORADOSTATEHIGHWAYNO. 82NORTH BOUND LANE - PAVED ROADWAY GREENBELT AREAPLAT BOOK 7PAGE 7920' UTILITY EASEMENTPLAT BOOK 21 PAGE 3420' UTILITY EASEMENTPLAT BOOK 21 PAGE 34 30' ROAD EASEMENTPLAT BOOK 21 PAGE 3415' ACCESS EASEMENTPLAT BOOK 21 PAGE 34LOT 3COMMUNICATIONS CENTERSUBDIVISION2.977± ACRES77797 7 7 8 77727773777577807785779077807785778577857783 7780778077807778 77777780 77757777777577757774 PAVED ROADWAYN84°34'00"E 201.89'PLAT=201.92'R=2160.00'L=182.99'CB=S10°29'43"WCH=182.93'PLAT=S10°32'21"W 182.94'PLAT=N84°34'00"E 229.50'N84°37'50"E 229.84'S06°41'33"E 216.3 5 ' PLAT=S06°38'00"E 2 1 6 . 1 7 'S84°37'22"W 435.05'PLAT=S84°34'00"WR=1960.00'L=399.42'CB=N07°57'33"WCH=398.73'PLAT=N07°54'08"W 398.70'PLAT=L=399.39'COVENANTNO BUILDINGS ORIMPROVEMENTSPLAT BOOK 17 PAGE 52BASIS OF BEARINGS20' HOLY CROSS OVERHEADELECTRIC EASEMENTBOOK 419 PAGE 807BOOK 582 PAGE 22710' HOLY CROSSUNDERGROUNDELECTRIC EASEMENTBOOK 661 PAGE 82210' U.S. WESTCOMMUNICATIONSTELEPHONE EASEMENTRECEPTION NO. 40134010' ELECTRIC EASEMENTPLAT BOOK 21 PAGE 34BOOK 291 PAGE 64715' CABLE T.V. EASEMENTPLAT BOOK 21 PAGE 34AND15' WIDE BICYCLE TRAILEASEMENTBOOK 345 PAGE 97510' UTILITY EASEMENTPLAT BOOK 21 PAGE 34BOOK 291 PAGE 647PERMANENT EASEMENT FORCONSTRUCTION, MAINTENANCEOF ROADWAY, UTILITIES,DRAINAGE & BIKE PATHTO CDOTRECEPTION 446652(VARIABLE WIDTH)NOTES:5. THIS SITE PLAN DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH COLORADO, LLC FOR ALL INFORMATION REGARDINGEASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLE COMMITMENT CASENO. PCT25456W ISSUED BY PITKIN COUNTY TITLE INC, EFFECTIVE DATE: SEPTEMBER 26, 20196. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88)REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) STATION S 159 HAVING AN ELEVATION OF 7720.88.7. CONTOUR INTERVAL EQUALS 1 FOOT.8. UNDERGROUND UTILITIES SHOWN HEREON WERE LOCATED BY ROARING FORK UTILITY LOCATORS LLC. SANITARYSEWER LINES WERE PROVIDED BY ASPEN CONSOLIDATED SANITATION DISTRICT. UTILITIES SHOWN HEREON AREFOR PLANNING PURPOSES ONLY. PLEASE CALL 811 PRIOR TO ANY DIGGING OR EARTHWORK CONSTRUCTIONFOR UTILITY VERIFICATION.LOT 3 COMMUNICATIONS CENTER SUBDIVISION SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PMCOUNTY OF PITKIN, STATE OF COLORADOPD SITE PLANCATV PEDESTALDPOWER POLEGUY ANCHORSIGNSTORM DRAIN MANHOLEELECTRIC MANHOLEEWATER METERIRRIGATION VALVE BOXWIVBDRAINAGE INLETWATER LINESEWER LINETELEPHONE LINEFIBER OPTIC LINEGAS LINEOVERHEAD ELECTRIC LINE CATV LINEELECTRIC LINE TELEPHONE PEDESTALDYHSFIRE HYDRANTSANITARY MANHOLEELECTRICAL TRANSFORMERGAS METERELECTRICAL METERGLEGENDE30'15'60'SCALE: 1" = 30'N0CLEAN-OUTWATER VALVE BOXCDOT COMMUNICATION VAULTBOLLARDCHAIN-LINK FENCEWOOD FENCEA LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comDRAWNLDVSURVEYEDDJBSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANYNOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.VICINITY MAPSITESURVEYOR'S STATEMENTI, RODNEY P. KISER, DO HEREBY STATE THAT THIS SITE PLAN IS BASED ON A FIELD SURVEY IN SEPTEMBER OF 2020AND WAS PREPARED BY ME AND UNDER MY SUPERVISION AND RESPONSIBLE CHARGE AND THAT IT IS TRUE ANDCORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE.PROJECT NO: 2021-372DATE:October 22, 2021PROPERTY DESCRIPTION:Exhibit B | Application234 P&Z Resolution #07, Series of 2022 Page 1 of 3 RESOLUTION #07 (SERIES OF 2022) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL FOR ANNEXATION, AN AMENDMENT TO THE ZONE DISTRICT MAP AND A PLANNED DEVELOPMENT- PROJECT REVIEW AND DETAILED REVIEW FOR THE PROPERTY COMMONLY KNOWN AS 105 AABC, LEGALLY DESCRIBED AS LOT 3 OF THE COMMUNICATIONS CENTER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 3, 1988 IN PLAT BOOK 21 AT PAGE 34, COUNTY OF PITKIN, STATE OF COLORADO. Parcel No. 2735-031-02-003 WHEREAS,the Community Development department received an application from the City of Aspen Capital Asset Department, represented by Robert Schultz Consulting, LLC, requesting approval of Annexation, an Amendment to the Zone District Map and a Planned Development for the property at 105 AABC, legally described as Lot 3 of the Communications Center Subdivision, Pitkin County, Colorado; and, WHEREAS, the property is owned by the City of Aspen, is zoned B-2 (General Business), and is located in unincorporated Pitkin County; and, WHEREAS, the Applicant requests that the Planning and Zoning Commission review the proposed annexation against review criteria within the City of Aspen’s adopted Annexation Plan, and provide recommendation to City Council in support of the annexation of this property; and, WHEREAS, the Applicant requests the Planning and Zoning Commission find that the Amendment to the Zone District Map meets applicable requirements and provide a recommendation to City Council in support of an underlying Zone District of Service Commercial Industrial, SCI with a Planned Development overlay; and, WHEREAS, the Applicant requests the Planning and Zoning Commission find that the Planned Development meets applicable requirements a provide a recommendation to City Council in support of Planned Development Project Review and Detailed Review and, WHEREAS,upon initial review of the application and the applicable code standards, the Community Development Department found that the application meets or exceeds the applicable standards of review; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the land use proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director and took and considered public comment at a duly noticed public hearing on March 1 st, 2022; and, 235 P&Z Resolution #07, Series of 2022 Page 2 of 3 WHEREAS, the City of Aspen Planning and Zoning Commission finds that the application meets the applicable review criteria and that approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare, and, WHEREAS, the City of Aspen Planning and Zoning Commission approves Resolution #07, Series of 2022, by a 5 to 0 (five-zero) vote, recommending approval for Annexation, an Amendment to the Land Use Code and Zoning Map and Planned Development Review for Project Review and Detailed Review as identified herein. NOW, THEREFORE BE IT RESOLVED, THE ASPEN PLANNING & ZONING COMMISSION RECOMMENDS THE FOLLOWING: Section 1: Recommendation of Approval The City of Aspen Planning and Zoning Commission provides the following recommendation to Aspen City Council: a) The proposed annexation meets applicable review criteria in The City of Aspen’s adopted Annexation Plan and should be approved. b) The proposed Zoning of SCI (Service, Commercial, Industrial) with a Planned Development overlay is appropriate and meets applicable review criteria in the Land Use Code and should be approved. c) The proposed Planned Development overlay is an appropriate tool to memorialize the existing dimensions and uses on the property and meets applicable review criteria and should be approved. Section 2: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: Existing Litigation This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a 236 P&Z Resolution #07, Series of 2022 Page 3 of 3 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its meeting on March 1, 2022. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: _________________________________________________________ Katharine Johnson, Assistant City Attorney Teraissa McGovern, Chair ATTEST: ____________________________ Cindy Klob, Records Manager 237 Page 1 of 5 Ordinance 03, Series of 2022 Aspen Mini-Storage Zoning ORDINANCE NO. 03 SERIES OF 2022 AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL ESTABLISHING THE INITIAL ZONING TO AN ANNEXED PROPERTY TO THE SERVICE COMMERCIAL INDUSTRIAL ZONE DISTRICT AND APPROVING A FINAL PLANNED DEVELOPMENT PLAN FOR THE PROPERTY COMMONLY KNOWN AS THE ASPEN MINI-STORAGE PROPERTY, 105 WOODWARD LANE, ASPEN, COLORADO, 81611 AND LEGALLY DESCRIBED AS: LOT 3, COMMUNICATIONS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 3, 1988, IN PLAT BOOK 21 AT PAGE 34. PARCEL ID: 2735-031-02-003 WHEREAS,the Community Development Department received an application from the City of Aspen, represented by City Manager Sara Ott, requesting approval of an Amendment to the Zone District Map and a final Planned Development (PD), for the property at105 Woodward Lane, commonly known as the Aspen Mini-Storage property, and legally described as Lot 3, Communications Subdivision, According to the Plat thereof recorded October 3, 1988, in Plat Book 21 At Page 34, Pitkin County, Colorado; and, WHEREAS,the property is located at 105 Woodward Lane adjacent to the Aspen Airport Business Center, and is zoned B2 (General Business) in Pitkin County; and, WHEREAS, the Applicant requested and received annexation into the City of Aspen and the City has a requirement to designate zoning for the property; and, WHEREAS,upon review of the application and the applicable code standards, the Community Development Department found that the application meets or exceeds applicable standards of review and recommended the property be zoned into the Service Commercial Industrial Zone District with a Planned Development overlay (SCI-PD); and, WHEREAS,the Planning and Zoning Commission reviewed and considered the proposal under the applicable provisions of the Municipal Code, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS,during a duly noticed public hearing on March 1, 2022, the Planning and Zoning Commission approved Resolution #07, Series of 2022, by a five to zero (5-0) vote, recommending approval of an Amendment to the Zone District Map, initially zoning the property as Service Commercial Industrial with Planned Development overlay (SCI-PD), and recommending the Aspen City Council approve a Final PD plan reflecting existing dimensions; and, 238 Page 2 of 5 Ordinance 03, Series of 2022 Aspen Mini-Storage Zoning WHEREAS,The Aspen City Council reviewed and considered the proposal under the applicable provisions of the Municipal Code, has reviewed and considered the recommendations of the Community Development Director and the Planning and Zoning Commission, and has taken and considered public comment; and, WHEREAS,during a duly noticed public hearing on April 12, 2022, the Aspen City Council approved an Amendment to the Zone District Map, initially zoning the property as Service Commercial Industrial with Planned Unit development overlay (SCI-PD), and approved a Final PD plan reflecting existing dimensions; and, WHEREAS,the City Council finds that the proposal meets or exceeds all applicable standards and that assigning the subject property to the SCI-PD Zone District is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Initial Zoning to SCI-PD Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.310, Amendments to the Land Use Code and Official Zone District Map, The Official Zone District Map of the City of Aspen shall be amended by the Community Development Director to reflect Lot 3, Communications Subdivision, also known as the Aspen Mini-Storage, of as included in the Service Commercial Industrial Zone District with a Planned Development overlay (SCI-PD). The Community Development Director shall use the survey descriptions contained in the PD Site Plan of October 22, 2021, attached as Exhibit A, as the basis for determining the zoning boundaries. Section 2: Approved PD Dimensions and Uses The dimensional allowances and limitations for Lot 3, Communications Subdivision, also known as the Aspen Mini-Storage, shall be the existing conditions as outlined in the PD Site Plan of October 22, 2021, attached as Exhibit A. The use of the property as a mini-storage facility that contains a caretaker dwelling unit is approved by this PD. Section 3: City Clerk The City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 239 Page 3 of 5 Ordinance 03, Series of 2022 Aspen Mini-Storage Zoning Section 5: Severability If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: Existing Litigation This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 22nd day of March 2022. ATTEST: ______________________________________________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY, adopted, passed, and approved by a X to X (X -X) vote on this 12th day of April 2022. Approved as to form: Approved as to content: ________________________________________________________ James R. True, City Attorney Torre, Mayor Attest: __________________________ Nicole Henning, City Clerk EXHIBIT A: PD Site Pla 240 EXHIBIT A:PD Site Plan Page 4 of 5 Ordinance 03, Series of 2022 Aspen Mini-Storage Zoning 241 EXHIBIT A:PD Site Plan Page 5 of 5 Ordinance 03, Series of 2022 Aspen Mini-Storage Zoning 242 Page 1 of 6 Ordinance No. 05, Series of 2022 - Building IQ Program MEMORANDUM TO: Mayor Torre and City Council FROM: Tessa Schreiner, Sustainability Programs Administrator THRU: CJ Oliver, Director of Environmental Health and Sustainability; Phillip Supino, Community Development Director; and Angie Sprang, Assistant to the City Manager MEMO DATE:March 14, 2022 MEETING DATE:March 22, 2022 RE:Ordinance No. 05, Series of 2022 – First Reading Proposed Code Changes to Buildings and Building Regulations Building IQ REQUEST OF COUNCIL: Staff requests that City Council review and approve Ordinance No. 05, Series of 2022 on First Reading. Staff further requests that Council pose questions or information requests to staff in advance of the public hearing on April 12, 2022. SUMMARY AND BACKGROUND: The Ordinance would codify the Building IQ program, which has two phases. Phase 1, the data tracking phase, would require certain properties to benchmark energy and water usage annually. Phase 2, the carbon reduction phase, would require certain properties to reach a building performance standard. The proposed ordinance is included as Attachment A. Building IQ is the single most impactful action City Council can take to reduce carbon locally and move closer to achieving the community greenhouse gas emissions goals. Previous Council Action: For decades, the City of Aspen and the community have prioritized sustainability and have acted to protect the environment locally and globally. In 1989, the City of Aspen adopted the Ecological Bill of Rights, stating the overall environmental philosophy for the Aspen area. In 1994, the Community Office for Resource Efficiency (CORE) was created to help Roaring Fork Valley residents save energy and cut carbon emissions to mitigate climate change. The establishment of Renewable Energy Mitigation Program (REMP) in 1999 marked the City’s adoption of a visionary initiative to address climate change, incentivize energy efficiency, and create a fee structure to inject funds into the community for energy efficiency upgrades. Through ongoing work to continuously update building codes, the City has been a leader in building code adoption. In short, the City of Aspen 243 Page 2 of 6 Ordinance No. 05, Series of 2022 - Building IQ Program has been working to improve the built environment for many years and is ready for the next chapter of carbon reduction in the built environment. In more recent years, Council adopted additional bold climate targets and committed to necessary climate-focused initiatives, all of which recognize the need to reduce emissions specifically in the building sector: Climate Action Plan: A roadmap of objectives and action items for the City to implement in order to reduce emissions. Highlights that over 57% of GHG emissions comes from buildings. Council’s Carbon Goal: Directs staff to reduce Aspen’s greenhouse gas emissions by taking meaningful action and providing leadership, and specifically directs action in the built environment. Science-based targets: Establishes community goals to reduce greenhouse gas emissions by 63% by 2030 and 100% by 2050, along with waste reduction targets. These goals can’t be achieved without electrifying buildings. BIQ is the first step toward electrification. Race to Zero: Commits Aspen to work towards a zero carbon, resilient future. Requires signatory cities to reduce emissions in the buildings sector. Council on Environmental Quality Building Performance Standard (BPS) Coalition: Committing Aspen to work with the community on developing building performance standards Why Building IQ?: Without Building IQ, the city will not reach the science-based targets for 2030 or 2050. The built environment accounts for 57% of the community’s greenhouse gas emissions. It is the most impactful and important sector to realize emissions reductions to meet adopted reductions targets. In January 2022, the City of Aspen released the most updated community greenhouse gas inventory, which shows that the city needs to make significant progress to reduce emissions in the building sector if the community is to reach its greenhouse gas reduction goals. Before buildings can strategically implement energy and water efficiency upgrades and reduce emissions (Phase 2), they must first know where their energy and water usage come from (Phase 1). Furthermore, in order for the City and to continue developing effective programs and 244 Page 3 of 6 Ordinance No. 05, Series of 2022 - Building IQ Program incentives to support property owners, the City needs better community resource consumption data (Phase 1 – data collection achieves this). Background: In 2017, Council adopted the Climate Action Plan, which directed staff to “support commercial energy benchmarking and incremental energy efficiency improvements through policy.” Following this direction, in late 2018, staff began developing the Building IQ program by convening a Design Team to research and develop recommendations for how to structure the program. In addition, the team hired consultants and conducted extensive stakeholder engagement in the community that included dozens of one-on-one and group meetings, hundreds of emails, and an online engagement portal – in total, the Climate Action office’s most robust stakeholder engagement effort to date. In 2019, with the recommendations of these groups and the input from Council, staff drafted the Building IQ benchmarking policy and program. In 2020, Council directed staff to make the benchmarking program voluntary. Despite the admittance from business owners that benchmarking and reducing energy use is a best business practice, no property owners have yet to voluntarily participate in the program. In response to the ineffectiveness of the voluntary program and Council’s adoption of a climate action goal, Council directed staff to return with a mandatory BIQ program. Process Steps: On August 10, 2021, Council adopted a 2-year carbon reduction goal via Resolution No. 76 Series of 2021, which directed staff to reduce Aspen’s greenhouse gas emissions by taking meaningful action and providing leadership in reducing the community’s greenhouse gas emissions. On November 15, 2021, in a Work Session, staff presented Council with a roadmap for how the City will accomplish this goal. On December 13, 2021, in a Work Session, City Council directed staff to move forward with the Building IQ program and return with a Policy Resolution on Building IQ. On January 22, 2022, in a 5-0 vote, City Council passed Policy Resolution No. 021, Series of 2022. The approval of this Policy Resolution formally initiated the Code Amendment Process. The resolution is included as Attachment B. If passed on First Reading on March 22, 2022, the ordinance will be presented at Second Reading on April 12, 2022. The proposed building code changes considered by this Ordinance does two things: 1. Require owners of commercial and multifamily properties to annually benchmark and report their energy and water usage (Phase 1: data tracking) 2. Require owners of commercial and multifamily properties to reduce building energy and water use over time. The specific building performance standards will develop by staff and stakeholders and presented to Council for consideration and adoption in 2023. (Phase 2: carbon reduction.) The overall program timeline is included as Attachment C. 245 Page 4 of 6 Ordinance No. 05, Series of 2022 - Building IQ Program DISCUSSION: What the Building IQ Ordinance Does: Once adopted, Building IQ will be the first step towards Aspen’s next phase of climate leadership. It will launch a community program to help municipal, commercial, and multi- family buildings save energy and water in a community-wide effort to meet Council’s climate goals. By combining resource benchmarking with efficiency improvements to reduce emissions from the building sector, Building IQ supports building owners in taking control of their utility bills, creates flexible energy efficiency improvement plans, provides funding support, and increases building performance to realize long-term savings with the end goal being to support a building stock that is sustainable and high performing. Building IQ requires properties over a certain square footage (as shown in Attachment C) to benchmark energy and water usage annually and report it to the City. In the first year of benchmarking, the ordinance directs commercial properties over 20,000 sq. ft. to conduct an assessment in the first year of benchmarking, offered for free through the City’s partnership with CORE. It also requires that properties eventually meet a building performance standard. These standards will be developed with key stakeholders following program adoption. Those standards will be reviewed by Council and be included in of the building performance standard (BPS) guidelines. What the Building IQ Ordinance Does Not Do: The Building IQ ordinance does not: Disclose property-level or individual benchmarking data to the public Require commercial properties under 5,000 sq. ft., multi-family properties under 15,000 sq. ft., or single-family homes of any size to benchmark or comply with a building performance standard Set the specific building performance standards – this will be developed with key stakeholders in accordance with best practices and local conditions during a rulemaking process following ordinance adoption. Other Key Elements of Building IQ: In line with best practices: Should City Council pass Building IQ, Aspen would be the 44th community in the United States to adopt a benchmarking policy and the 9th community to adopt a building performance standard policy. Both benchmarking and building performance standards are seen as best practice policies across the country in driving action to reduce emissions from the building sector. Ordinance enactment date: To align with the state’s benchmarking and BPS policy (HB1286) and timeline, the proposed enactment date is June 1, 2022. Technical support: Through the City’s ongoing partnership with the Community Office for Resource Efficiency (CORE), CORE will provide support and services to support the Building IQ program, including serving as technical support and assistance with benchmarking compliance for property owners and managers, 246 Page 5 of 6 Ordinance No. 05, Series of 2022 - Building IQ Program hosting a help desk, and serving as the key building expert resource for the community. The importance of a building performance standard: This ordinance combines both benchmarking (Phase 1) and a building performance standard (Phase 2) into one ordinance and one program. A building performance standard is an essential tool to reduce greenhouse gas emissions from the built environment while providing flexibility and support to property owners. Without a mandatory carbon reduction phase (BPS), the City will not reach community greenhouse gas reduction goals or achieve Council’s goal. BPS stakeholder engagement: In the development of building performance standards for the carbon reduction phase of the program, staff will work with and solicit extensive feedback and input from key stakeholders, including property owners, tenants, City staff, CORE staff, technical experts, and community members,. Council will review these standards in Q3 2023. Conclusion and Next Steps: Aspen has been a leader in climate action for decades, and City Council has set bold targets and goals for greenhouse gas emissions reduction to ensure a sustainable future for the community. Buildings account for 57% of total emissions, signaling a significant need to act towards efficiency and emissions reduction. Building IQ is a policy and program with two phases that directly addresses the building sector. Phase 1, the data tracking phase, would require certain properties to benchmark energy and water usage annually. Phase 2, the carbon reduction phase, would require certain properties to reach a building performance standard. Implementing BIQ is essential to reach greenhouse gas emissions reduction targets set by Council. Should Council approve this Building IQ ordinance, staff will bring back an ordinance for second reading for Council consideration and adoption. If Council approves the Building IQ ordinance in second reading, the program will follow the timeline as laid out in Attachment C. FINANCIAL IMPACTS: The EPA’s Portfolio Manager tool used for energy and water benchmarking is free to building owners and free to the City of Aspen. The budget requirements in the first year of benchmarking for administration, building owner support, and incentives can be covered with existing funds. The City has also been awarded grant funding through the Colorado Energy Office to support Aspen Utilities in streamlining utility data sharing for an efficient benchmarking process, which will be brought to Council for approval in April. As the Building IQ program grows to include more buildings over time, additional funding may be needed for administrative and technical support. Additionally, there may be opportunities that emerge from related work in the Community Development Department to develop new funding streams tied to redevelopment activities and building performance to finance elements of BIQ. ENVIRONMENTAL IMPACTS: Building IQ is one of the most impactful programs that the City can implement in order to reach the community carbon reduction goals. It will drive 247 Page 6 of 6 Ordinance No. 05, Series of 2022 - Building IQ Program environmental impact at scale because it provides tools and support for energy management and consumption reduction for the majority of Aspen’s commercial and multifamily square footage. It enables future CAP actions and empowers building owners to understand their opportunity for reducing utility bills. ALTERNATIVES:Council could not approve the Building IQ ordinance, and instead direct staff to identify alternative policies or programs to address the City’s greenhouse gas reduction goals. However, alternative climate action programming will not prove sufficient to meet the science-based emissions reduction goals established by Council. RECOMMENDATIONS: Staff recommends City Council approve Ordinance No. 05, Series of 2022 on first reading. ATTACHMENTS: Attachment A – Ordinance – Building IQ Attachment B – Building IQ Policy Resolution Attachment C – Building IQ Timeline CITY MANAGER COMMENTS: 248 1 Ordinance No. 05 Series of 2022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 8 OF THE ASPEN MUNICIPAL CODE TO ADD A NEW CHAPTER ENTITLED: “8.60” WHEREAS, the City of Aspen recognizes that anthropogenic climate change and the impacts to the ecological and economic health of the community constitutes an emergency and a threat to the health and safety of the residents of the City of Aspen and the global community; and, WHEREAS, the City of Aspen is a signatory to the US Mayors’ Climate Protection Agreement, the Chicago Climate Exchange, and the Global Covenant of Mayors for Climate and Energy, and WHEREAS, the City committed to the Race to Zero campaign, requiring the City to publicly endorse the following principles: Recognize the global climate emergency. Commit to keeping global heating below the 1.5° Celsius goal of the Paris Agreement. Commit to putting inclusive climate action at the center of all urban decision-making, to create thriving and equitable communities for everyone. Invite our partners – political leaders, CEOs, trade unions, investors, and civil society – to join us in recognizing the global climate emergency and help us deliver on science-based action to overcome it; and, WHEREAS, the City has adopted an Ecological Bill of Rights establishing ten inalienable ecological rights for all, including: The right to ensure the efficient use of energy and of natural resources, The right to expect from our governments active and consistent enforcement of land use and development regulations; and, WHEREAS, Aspen City Council established science-based targets of reducing community greenhouse gas (GHG) emissions 63% by 2030 and 100% by 2050, all below 2017 levels; and WHEREAS, even with Aspen Electric sourcing 100% of its electricity from renewable sources; the local adoption of national energy codes leading to high levels of efficiency in new construction and major renovation; and current, voluntary energy efficiency programs, the Aspen community is still not reducing GHG emissions fast enough to reach its goals; and WHEREAS, buildings account for the majority of GHG emissions in Aspen, amounting to 57% of Aspen’s total emissions in 2020; and WHEREAS, many building owners have made proactive efforts to reduce the energy use and greenhouse gas emissions of their buildings, yet more remains to be done to help the City meet its greenhouse gas reduction goals; and WHEREAS, in order to have a significant impact on community-wide energy use and GHG emissions in the coming decades, it is imperative that efficiency savings be achieved in existing buildings; and 249 2 WHERAS, the Aspen City Council believes that tenants and building owners should be aware of the amount of energy and water being used in their current and prospective spaces, and that a requirement to track energy and water use is appropriate to raise awareness and spur necessary reduction actions; and WHEREAS, the City desires to raise awareness of energy performance through information and transparency, with a goal of unlocking energy and cost savings opportunities and health benefits for businesses and residents and enabling the real estate market to place value on energy efficiency; and WHEREAS, more than 40 U.S. cities and counties, including climate action leaders in Colorado, have adopted and implemented building energy reporting and disclosure requirements, thus demonstrating the high impact potential and feasibility of such requirements; and, WHEREAS, eight U.S. cities and states, including climate action leaders in Colorado, have adopted building performance standards as a key policy tool to achieve greenhouse gas emissions in the buildings sector; and WHEREAS, reduction actions in the form of cost-effective energy efficiency improvements can reduce business operating costs, improve indoor comfort, and limit air pollution from the burning of fossil fuels and energy benchmarking enables building owners to make more data-driven decisions about improvements; and WHEREAS, benchmarking and building performance standards will support job growth in the Roaring Fork Valley, cultivate a high performing, sustainable building stock for the community, and contribute significant progress towards achieving the City’s greenhouse gas reduction targets to the reduction of the community’s greenhouse gas emissions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That Title 8 of the Municipal Code of the City of Aspen is hereby amended by the addition of a new Chapter 8.60 which Chapter shall read as follows: Chapter 8.60 Sec. 8.60.010 Purpose. The chapter’s purpose is to require covered property owners to address existing property performance through energy and water benchmarking and a building performance standard, to reduce greenhouse gas emissions from the built environment, and to further the City of Aspen’s climate action goal of zero greenhouse gas emissions by 2050. Sec. 8.60.020 Definitions. (a)Aggregated, whole-building data means electric, water, or gas meter data from which any unique identifier or other personal information has been removed and that a qualifying utility collects and aggregates in at least monthly intervals for an entire covered building. (b)Assessment means a property and utility data evaluation conducted by a qualified analyst including but not limited to: 250 3 (1) a collection and analysis of all the property’s utility bills (2) an assignment of metered uses to their appropriate physical spaces, and (3) an analysis of historic utility usage, peak demand (if applicable), and energy costs. (4) a report with accurate utility data for input into the ENERGY STAR® Portfolio Manager tool (c)Baseline year means, for any individual property, the first calendar year such property is required to benchmark. (d)Benchmarking means the act of inputting and submitting the total energy and water consumed for a property for the previous calendar year and other descriptive information for such property as required by the benchmarking tool. (e)Benchmarking report means a subset of: (1) Information input into the benchmarking tool in accordance with the definition of benchmarking; and (2) Benchmarking information generated by the benchmarking tool, as determined by the Director of Environmental Health and Sustainability. (f)Benchmarking submission means the collection of a covered property’s contact information and a property’s benchmarking report that is submitted to the Director of Environmental Health and Sustainability to be compliant with the requirements of this Chapter. (g)Benchmarking tool means the U.S. Environmental Protection Agency’s ENERGY STAR®Portfolio Manager, or any additional or alternative tool adopted by the Director, used to track and assess the energy and water use of certain properties relative to similar properties. (h)BPS-covered building means any building or property that is required to comply with a building performance standard, as described in Sec. 8.60.120. (i)Commercial property means a structure or multiple structures intended to support offices, retail, warehousing, manufacturing, parking, health services, commercial recreation, restaurant/bar or service-oriented businesses, lodge units or hotel units. (j)Condominium means a commercial or multifamily property that combines separate ownership of individual units with common ownership of other elements such as common areas. (k)Covered City property means a property that is subject to the requirements of this Chapter and is owned by the City or for which the City regularly pays all or part of the annual energy and/or water bills. (l)Covered non-city property means a commercial or multifamily residential property, other than a covered City property, that is subject to the requirements of this Chapter. (m)Covered property means any covered city property or covered non-city property that: (1) Meets the definition of Property, as defined below, and is subject to the requirements of this Chapter; (2) Contains a gross floor area described in one of thresholds in Sec. 8.60.030 “Applicability and Benchmarking Schedule”; (3) Is located within the limits of the City of Aspen 251 4 EXCEPTIONS: The following properties are not considered to be covered properties, and are not subject to any of the requirements of this Chapter: (1) Single family, duplex, and triplex residential homes and related accessory structures, or any other residential building with fewer than 4 customer accounts or meters per utility; (2) Properties classified as industrial per designated Standard Industrial Classification (SIC) codes 20 through 39; (3) Other types of buildings not meeting the purpose of this Chapter, as determined by the Director of Environmental Health and Sustainability. (n)Data aggregation threshold means the minimum number of customer meters associated with a covered property for which the utility may provide the owner of the covered property with aggregated data upon request without require each customer’s consent to have the customer’s energy and water use data accessed or shared. (o)Director means the Director of Environmental Health and Sustainability. (p)Energy means electricity, natural gas, steam, heating oil, or other product sold by a utility to a customer of a property for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses captured by the benchmarking tool. (q)Financial hardship (of a property) means that a property: (1) Has a court appointed receiver in control of the asset due to financial distress; or (2) Is owned by a financial institution through default by the borrower; or (3) Has been acquired by a deed in lieu of foreclosure; or (4) Has a senior mortgage subject to a notice of default. (r)Gross Floor Area means the total square footage of a Property, as measured between the exterior walls of the building(s). This includes all finished areas inside the building(s) including supporting areas, including but not limited to lobbies, tenant areas, common areas, meeting rooms, break rooms, atriums (count the base level only), restrooms, elevator shafts, stairwells, mechanical equipment areas, basements, and storage rooms. (s)Initial Reporting Date means the first date and year by which a building is required to provide a benchmarking submission to the City of Aspen. (t)Multifamily property means an individual building, or campus of buildings, that contains multiple, separate residential living units. Units in these buildings may be occupied by the following types of residents: (1) Tenants; (2) Cooperators; or (3) Individual owners. (u)Owner means any of the following: (1) A person or entity in whom is vested the ownership or Title, either in whole or in part, of a building, structure or land or a part thereof; (2) The board of the owners’ association, in the case of a condominium; 252 5 (3) The master association, in the case of a condominium where the powers of an owners’ association are exercised by or delegated to a master association; (4) The board of directors, in the case of a cooperative apartment corporation; or (5) An agent authorized to act on behalf of any of the above. (v)Property means any of the following: (1) Any building(s) with roof(s) supported by walls and intended to act as an enclosure or shelter for persons, animals, or property of any kind; (2) A single building; (3) One or more building(s) held in the condominium form of ownership, and governed by a single board of managers; or (4) A campus of two or more contiguous buildings which are owned and operated by the same party, and have a single shared primary function, such as multifamily housing, K-12 schools, hospitals, hotels, and senior living facilities. (w)Qualified assessor means an individual who possesses qualifications to perform or directly supervise individuals performing energy and water assessments on a property, and to verify benchmarking reports required by this ordinance. The qualified assessor must be an employee or contractor hired by the reporting entity, an employee of a utility, or a third-party service provider, and possess one or more of the following certifications: (1) Certified Energy Auditor (CEA), issued by The Association of Energy Engineers (AEE); (2) Professional Engineer (PE); (3) Registered Architect; (4) Certified Energy Manager (CEM), issued by The Association of Energy Engineers (AEE); (5) System Maintenance Administrator (SMA) or System Maintenance Technician (SMT), issued by Building Owners and Managers Institute (BOMI) International; (6) Additional qualified certifications as the Director deems appropriate. (x)Shared benchmarking information means information generated by the benchmarking tool and descriptive information about the physical property and its operational characteristics, which is shared with the City of Aspen. The information, as defined by the ENERGY STAR Portfolio Manager glossary, shall include, but need not be limited to: (1) Descriptive information: (1) Property address; (2) Primary use; (3) Gross floor area; (4) Number of years the property has been ENERGY STAR® Certified and the last approval date, if applicable. (2) Output information: (1) Site and source energy use intensity (consumption per gross square foot); (2) Weather normalized site and source energy use intensity; (3) The ENERGY STAR score, where available; (4) Total annual greenhouse gas emissions; (5) Monthly energy use, by fuel type; (6) Total energy use; (7) Monthly outdoor water use (where available); 253 6 (8) Total water use; (9) The ENERGY STAR Water Score, where available; and (10) General comments section, if needed, to explain the building’s ENERGY STAR scores or energy use intensity values. (3) Compliance or noncompliance status. (y)Space means an area within a building enclosed by floor to ceiling walls, partitions, windows, and doors. (z)Tenant means a person or entity occupying or holding possession of a building, part of a building or premises pursuant to a rental agreement. (aa)Utility means an entity that distributes and sells natural gas, electric, water or thermal energy services for buildings. Sec. 8.60.030 Applicability and Benchmarking Schedule. (a) The provisions of this Chapter shall apply to owners of covered properties with a gross floor area as outlined in Table 1 below. The owner of a covered property shall ensure that for each such property a benchmarking report is generated, completed, and submitted to the Director of Environmental Health and Sustainability through a data request through ENERGY STAR®Portfolio Manager annually on or before the reporting date. (b) The first completed benchmarking report for each covered property shall be filed in accordance with the schedule in the following table. Subsequent benchmarking reports for each covered property shall be due by June 1st of each year thereafter. Table 1: Benchmarking Schedule Sector Property Initial Reporting Date Covered City Properties All covered City properties June 30, 2022 Covered Non- city Properties Covered Commercial properties ≥ 20k sq. ft.December 1, 2022 Covered Commercial properties ≥ 15k sq. ft.June 1, 2023 Covered Commercial properties ≥ 10k sq. ft.June 1, 2024 Covered Commercial properties ≥ 5k sq. ft.June 1, 2025 Covered Multifamily properties ≥ 20k sq. ft.June 1, 2024 Covered Multifamily properties ≥ 15k sq. ft.June 1, 2025 (c) No report shall be required in the first twelve months after issuance of an initial certificate of occupancy. (d) All covered commercial properties ≥ 20k sq. ft. shall complete an assessment as defined in Sec. 8.60.020 prior to their first benchmarking submission to the City. The purpose of the property assessments is to ensure quality, verifiable data is inputted into ENERGY STAR®Portfolio Manager beginning the first year of benchmarking, which will help inform the City’s future energy efficiency programming. The assessments, if done through the Community Office for Resource Efficiency (CORE), will be of no cost to the property owner per the existing energy efficiency programming partnership between CORE and the City of Aspen. If the property has completed an assessment within five years of the first benchmarking reporting date, the property is considered to have met this 254 7 requirement when proof of the completed assessment is provided to the Director. Should the property owner wish to conduct the assessment through a different vendor, the property owner shall incur the cost of said assessment. Sec. 8.60.040 Benchmarking Requirements on Owner of Covered Property. (a) Each year the owner of each covered property shall collect and enter all data needed to benchmark the entire property for the previous calendar year into the benchmarking tool, in a manner that conforms to latest guidance provided by the U.S. Environmental Protection Agency for use of the tool. Aggregated whole-building data for the property’s energy and water use shall be compiled using one or more of the following methods: (1) Obtaining aggregated whole-building data from a utility; (2) Collecting data from all tenants; (3) Reading master meter data; (b) For the City of Aspen Utilities, the data aggregation threshold is set at four (4). For properties with four or more meters per utility, with the exception of cases in which aggregated data can be used to identify an individual user, Aspen Utilities will provide aggregated energy and water data for the entire property to the property owner and does not require individualized consent from each meter customer to do so. (c) If the owner of a covered property does not have access to aggregated whole-building energy and water data, such property owner shall request aggregated whole-building data from each utility that provides energy and/or water service to the property. In the event that a utility does not provide aggregated whole-building energy or water data, the owner of a covered property shall request energy and water data from tenants as per the provisions in the remainder of this section. (d) Each nonresidential tenant located in a covered property shall, within 30 days of a request by the owner and in a form provided on the Department of Environmental Health and Sustainability’s website, provide all information that cannot otherwise be acquired by the owner and that is needed by the owner to comply with the requirements of this ordinance. (e) When the owner of a covered property receives notice that a nonresidential tenant intends to vacate a space within such property, and the utilities do not provide aggregated whole-building energy and water data, the owner shall request information relating to such tenant’s energy and water use for any period of occupancy relevant to the owner’s obligation to benchmark. Such tenant shall report such information to the owner of the covered property within 30 days of a request by the owner. (f) Nothing in this Chapter shall be construed to permit a property owner to use tenant energy usage data for purposes other than compliance with benchmarking report requirements, nor shall the reporting requirements of this Chapter be construed to excuse property owners from compliance with federal or state laws governing direct access to tenant utility data from the responsible utility. Sec. 8.60.050 Benchmarking Reporting. (a) For every covered property subject to this Chapter, the owner shall annually utilize the benchmarking tool to submit to the Director of Environmental Health and Sustainability a benchmarking submission, by the date specified in 8.60.030 “Applicability and Benchmarking Schedule.” (b) The information included in the annual energy and water benchmarking report shall include, at a minimum, the shared benchmarking information, as defined in Sec. 8.60.020, for the previous calendar year. 255 8 (c) The owner of each covered property shall enter data into the benchmarking tool such that the benchmarking report shall be based on the aggregated total energy and water consumed by the whole property for the entire calendar year being reported. (d) Before submitting a benchmarking report the owner shall run the Data Quality Checker available within the benchmarking tool and shall verify that all data has been accurately entered into the tool. For the benchmarking report to be considered in compliance with this Chapter, the owner shall correct all missing or incorrect information as identified by the data quality control mechanisms prior to submitting the benchmarking report to the Director of Environmental Health and Sustainability. (e)Where the current owner learns that any information reported as part of the benchmarking submission is inaccurate or incomplete, the owner shall amend the information reported within the benchmarking tool and shall provide the Director of Environmental Health and Sustainability with an updated benchmarking submission within 30 days of learning of the inaccuracy. Sec. 8.60.060 Requirements Upon Sale or Lease of a Covered Property. (a) At the time of listing a covered property or a portion of a covered property for sale or lease, the owner of the covered property shall furnish an electronic copy of the reported whole-building benchmarking data from the previous calendar year or from the most recent twelve-month period of continuous occupancy to the new owner. (b) If a covered property changes ownership, the former owner shall make available to the new owner the energy and water use data; utility customer consent documentation, if any; and any other information about the property that is necessary for benchmarking the covered property. The former owner shall transfer to the new owner both a copy of the record representing the covered property within the benchmarking tool and the request to a qualified utility for aggregated data. The new owner may request and receive from a qualifying utility the aggregated data necessary to fulfill benchmarking reporting requirements. Sec. 8.60.070 Notification and Posting. (a) By June 1, 2022, and December 1 of each year prior to a year in which benchmarking submissions are due, the Department of Environmental Health and Sustainability shall publicly post a list of all covered properties that must provide a benchmarking submission to the Department of Environmental Health and Sustainability during the following year. (b) By June 1, 2022 and between January 1 and March 1 of each year after, for at least the first three years during which an owner is required to provide a benchmarking submission, the Department of Environmental Health and Sustainability shall attempt to notify those owners of their obligation to benchmark via direct mail, electronically via email, or through a public posting on a web site. (c) Failure of the Department of Environmental Health and Sustainability to notify any owner shall not affect the obligation of such owner to complete and submit their benchmarking reports and performance verification. Sec. 8.60.080 Sharing and Public Reporting of Data. (a) Beginning no later than January 30, 2023, and every year thereafter, the Department of Environmental Health and Sustainability shall make available on a publicly accessible website an annual report on the collective benchmarking data of all covered properties. The report shall include a 256 9 summary of energy and water consumption statistics, and an assessment of compliance rates, accuracy and issues affecting accuracy, changes across the portfolio over time, and trends observed. (b) The Director will determine if any benchmarking shared summary data shall be excluded from publishing because it is not in the public interest. Sec. 8.60.090 Maintenance of Records. (a) Owners shall maintain the records necessary for carrying out the purposes of this ordinance, including but not limited to the energy and water bills and reports or forms received from tenants and/or utilities. Such records shall be preserved for a period of five years. At the request of the Director of Environmental Health and Sustainability, such records shall be made available for inspection and audit by the Department of Environmental Health and Sustainability within 30 days. (b) The Department of Environmental Health and Sustainability reserves the right to spot check records as it deems necessary to evaluate the efficacy of this Ordinance. Records shall be provided to the Director of Environmental Health and Sustainability upon written request within 30 days. Sec. 8.60.100 Exemptions and Time Extensions (a) Benchmarking is not required for a covered City property for the current reporting year if the owner submits documentation to the Director of Environmental Health and Sustainability, in such form and with such certifications as required by the Director of Environmental Health and Sustainability, establishing that the property met one or more of the following conditions for the calendar year to be benchmarked: (1) The property did not have a Certificate of Occupation or temporary Certificate of Occupation for that full year; (2) A demolition permit for the entire building was issued during that year, provided that demolition work commenced, and legal occupancy was no longer possible prior to end of that year; (3) The property did not receive energy or water utility services for at least 30 days during that year; (4) Due to special circumstances unique to the property, strict compliance with provisions of this ordinance would not be in the public interest. (b) Benchmarking is not required for a covered non-city property for the current reporting year if an owner submits documentation to the Director of Environmental Health and Sustainability, in such form and with such certifications as required by the Director of Environmental Health and Sustainability, establishing that the property has met one or more of the following conditions: (1) It meets any of the exemptions defined for a covered City property; (2) Due to special circumstances unique to the applicant's facility and not based on a condition caused by actions of the applicant, strict compliance with provisions of this ordinance would cause undue hardship; (3) The property is experiencing financial hardship; (c) Any owner requesting an exemption from the requirements set forth in this Chapter shall, by March 1 in years for which the exemption is being requested, submit to the Director of Environmental Health and Sustainability through the City’s website any documentation reasonably necessary to substantiate the request or otherwise assist the Director of Environmental Health and Sustainability in the exemption determination. For Covered Commercial properties ≥ 20k sq. ft. in their first year of benchmarking, this date shall be September 1, 2022. Any exemption granted will be limited to the 257 10 benchmarking submission for which the request was made and does not extend to past or future submittals. (d) An owner may apply for a time extension to complete and submit a benchmarking report if, despite such owner’s good faith efforts, they are unable to complete the required actions prior to the scheduled due date because of the failure of either a utility provider or a tenant (or both) to provide the owner with information needed to complete this report. The owner requesting an extension shall submit to the Director of Environmental Health and Sustainability through the City’s website any documentation reasonably necessary to substantiate the request or otherwise assist the Director of Environmental Health and Sustainability in the determination. For each property, the Director of Environmental Health and Sustainability may grant no more than two such extensions per year of no more than 30 days each. Sec. 8.60.110 Violations and Enforcement (a) It shall be unlawful for any entity or person to fail to comply with the requirements of this Chapter or intentionally misrepresent any material fact in a document required to be prepared or shared by this Chapter. (b) If the Director of Environmental Health and Sustainability or designee determines that a violation has occurred, a written warning shall be issued to the owner for the initial violation, and the owner shall have 30 days from the date of issuance of the written warning to remedy the violation. (c) The Department of Environmental Health and Sustainability shall issue a complaint and summons into Municipal Court if owner fails to comply with the reporting requirements within 30 days of issuance of the written warning. (d) Violations of any of the requirements of this act shall subject the Owner of a covered building to the penalties set forth in this Section. (1) One-hundred dollars ($100) for the first offense; (2) Two hundred dollars ($200) for the second offense; (3) For the third and all subsequent offenses there shall be a mandatory Court appearance and such penalty as may be determined by the Court pursuant to Section 1.04.080. (e) Failure to comply with this Chapter in any calendar year shall constitute a single violation in any calendar year. Each year of non-compliance shall constitute a separate offense punishable upon conviction pursuant to this Section and Section 1.04.080. (f) Any penalties collected pursuant to this section as a result of noncompliance with this ordinance shall be transferred to the Renewable Energy Mitigation Program for reallocation into community energy efficiency projects. Sec. 8.60.120 Building Performance Standards (a) Pursuant to the powers and authority conferred by the Charter of the City, the Department of Environmental Health and Sustainability shall develop proposed building performance standard guidelines to be considered and adopted by City Council on or before October 1, 2023. The Building Performance Standards shall address following: (1) Performance standards for each property type that contributes to a reduction in community greenhouse gas emissions of 63% by 2030 and achieves 100% emissions (zero carbon) by 2050, consistent with the City of Aspen’s science-based targets. (2) The years by which final and interim performance standards must be reached, before and including the year 2035. (3) The chief performance metric or metrics. 258 11 (4) The process for advising, soliciting public input on, and making recommendations to Council on performance standards for 2040 and 2050 (5) The definition of BPS-covered buildings required to reach the final and interim building performance standards. (6) The baseline metric for covered buildings with consideration of building type and benchmarking and other energy data. (7) Alternate compliance options by rule that add flexibility for BPS-covered building owners while achieving the same end goal. Such options shall include, but are not limited to, a process to adjust timing for meeting the established building performance standards, a process to adjust the end goal due to a building use or inherent characteristic of the building, and prescriptive options. (8) Violations and enforcement for buildings that do not meet their set building performance standards by the established required dates. (b) In the development of the building performance standard guidelines, the Department of Environmental Health and Sustainability shall: (1) Solicit feedback from a broad range of industries, property owners, building users, climate organizations, environmental justice groups, and the community at large (2) Examine property types with unique energy needs (c) In addition, the Department of Environmental Health and Sustainability may consider making recommendations related to: (1) Workforce availability and development related to building energy performance (2) Financial and nonfinancial costs and benefits of upgraded building energy performance (3) Availability of programs, technical assistance, and incentives to support property owners (4) How regulations and support could help ensure property owners avoid fines through compliance with performance standards Sec. 8.60.130 Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Sec. 8.60.140 Existing Litigation. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Sec. 8.60.150 Effective Date. This ordinance shall take effect on June 1, 2022. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the ___day of ______, 2022. FINALLY, adopted, passed and approved this ___ day of ____, 2022. 259 12 __________________________________ Torre, Mayor ATTEST: APPROVED AS TO FORM: Nicole Henning, City Clerk James True, City Attorney 260 RESOLUTION NO. 021 SERIES OF 2022 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING POLICIES AUTHORIZING AMENDMENTS TO THE BUILDINGS AND BUILDING REGULATION CODE TO INCLUDE ENERGY AND WATER BENCHMARKING AND BUILDING PERFORMANCE STANDARDS IN SUPPORT OF CITY COUNCIL'S CLIMATE GOALS WHEREAS,human activities are undeniably the primary cause of climate change and continue to exacerbate the global climate emergency; and, WHEREAS,the City of Aspen recognizes that anthropogenic climate change and the impacts to the ecological and economic health of the community constitutes an emergency and a threat to the health and safety of the residents of the City of Aspen and the global community; and, WHEREAS, the City of Aspen is a signatory to the US Mayors Climate Protection Agreement,the Chicago Climate Exchange,and the Global Covenant of Mayors for Climate and Energy, and WHEREAS, the impacts from climate change are already evident in Aspen including hotter temperatures, shifting rain and show patterns, and more precipitation arriving as rain rather than snow; and, WHEREAS,the citizens and building owners of the City of Aspen have long held environmental stewardship as a community value,and are actively seeking ways to reduce their greenhouse gas emissions; and, WHEREAS,Aspen's greenhouse gas emissions caused by all activities occurring in the community including the growing population of full-time and part-time residents, visitors, and commuters are contributing to this climate reality; and, WHEREAS, the built environment accounts for 57% of the Aspen community's greenhouse gas emissions; and, WHEREAS, actions to reduce climate changing greenhouse gas emissions are required to prevent the worst impacts to the Aspen community and ecology; and, WHEREAS, to address the climate emergency and support community sustainability, the City of Aspen has adopted science-based targets committing the City and the community to a 63%reduction of 2017 emissions by 2030 and 100%reduction of emissions by 2050; and, Resolution#021 Buildings and Building Regulations Code/Building Performance Standards Code Amendments Policy Resolution Page 1 of 4 261 WHEREAS, City Council adopted Resolution #76 - Series 2021, which established a Carbon Goal and set City Council's top climate action priorities; and, WHEREAS, combining energy and water benchmarking and a building performance standard (BPS) provides an effective and flexible pathway for buildings to realize energy savings and emissions reductions; and, WHEREAS, Aspen's Climate Action Plan highlights amendments to Title 8 — Buildings and Building Regulations as well as benchmarking and BPS as the most impactful steps Aspen can take to achieve its carbon reduction goals; and, WHEREAS, during a work session on December 13, 2021, Climate Action staff received direction from City Council to draft targeted amendments to the Buildings and Building Regulations Code related to energy and water benchmarking and BPS; and, WHEREAS, amending the Buildings and Building Regulations Code as described below will ensure the ongoing effectiveness and viability of the regulations within the City of Aspen Buildings and Building Regulations Code to achieve City Council's climate and building energy and water efficiency policy; and, WHEREAS,increasing the resource efficiency of Aspen's existing building stock is essential in the maintenance of a sustainable community and the regulations and standards in the Buildings and Building Regulations Code provide important tools in the increase of building energy efficiency within the City of Aspen;and, WHEREAS, City of Aspen staff and departments, including the Community Development and Utility Department, following approval of this Policy Resolution will conduct ongoing community engagement with the public, property owners, and members of the development community; and will propose an Ordinance to be considered at First and Second Reading; and, WHEREAS,this Resolution does not amend the Buildings and Building Regulations Code, but provides direction to staff for amending the Buildings and Building Regulations Code;and, WHEREAS,the City Council finds that this Resolution furthers and is necessary for the promotion of public health,safety,and welfare and in alignment with City Council's goals. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Overall Code Amendment Obiectives The objectives of these code amendments are to: 1. Align City Council's policies and regulations in the Buildings and Building Regulations Code more closely with climate goals. Resolution#021 Buildings and Building Regulations Code/Building Performance Standards Code Amendments Policy Resolution Page 2 of 4 262 2. Add enforceable regulations to reduce the resource use of Aspen's built environment. 3. Continue implementation of meaningful greenhouse gas emissions reductions in support of the community's climate action goals. 4. More directly recognize the importance of building energy and water efficiency in the path to net zero carbon. 5. Improve policies to further encourage energy and water efficiencies in commercial and multi-family buildings. 6. Partner with building owners on achieving common goals of tracking and reducing energy and water consumption, realizing savings, and advancing efficient, high- performing buildings 7. Gather crucial data to better serve customers,develop high quality programs,and plan for the future. 8. Maintain a high-performing, sustainable building stock for the Aspen community. Section 2: Tonics for Potential Code Amendments Titles 8, 13, and 26 of the City of Aspen Municipal Code may be amended to include the following: 1. Energy and Water Benchmarking Requirements for commercial and multi-family buildings (Phase 1: data tracking): a. Requires property owners to annually track energy and water consumption and report it to the City using a free online tool. b. Creates a consistent and streamlined process for tracking and analyzing community building performance and consumption patterns. c. Build customer service capacity to support property owners in program participation. 2. Building Performance Standard Requirements for commercial and multi-family buildings (Phase 2: carbon reduction): a. Requires property owners to meet an established building performance efficiency)standard for their building type to meet the City's climate goals b. Directs staff, led by community stakeholders, to develop the specific standards to be brought back in the form of BPS Guidelines for Council consideration and approval. Section 3: Other Amendments as Necessary Other amendments may be required to ensure coordination between other sections in the Buildings and Building Regulations Code which may not have been anticipated. Section 4• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided,and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 5• Resolution#021 Buildings and Building Regulations Code/Building Performance Standards Code Amendments Policy Resolution Page 3 of 4 263 If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY,adopted this 22nd day of February 2022. Torre,Mayor TEST: APPROVED AS TO FORM: Nicole Henning, City Clek, ames R True,City Attorney Resolution#021 Buildings and Building Regulations Code/Building Performance Standards Code Amendments Policy Resolution Page 4 of 4 264 Building IQ Timeline: Benchmarking Sector Property Properties first notice of upcoming benchmarking due date Property owners/managers collect property information and utility data Initial Reporting Date Calendar year of utility data to report in first benchmarking year Date that property benchmarking information is included in annual aggregated community benchmarking report Building IQ Ordinance enactment: June 1, 2022 Covered City Properties All covered City Properties N/A November 2021 – February 2022 June 30, 2022 2021 September 30, 2022 Covered Non-City Properties Covered Commercial properties ≥ 20k sq. ft June 1, 2022 June 1, 2022 – November 2022 December 1, 2022 2021 January 30, 2023 Covered Commercial properties ≥ 15k sq. ft.January 1, 2023 January 1, 2023 – June 2023 June 1, 2023 2022 September 1, 2023 Covered Commercial properties ≥ 10k sq. ft.January 1, 2024 January 1, 2024 – June 2024 June 1, 2024 2023 September 1, 2024 Covered Commercial properties ≥ 5k sq. ft.January 1, 2025 January 1, 2025 – June 2025 June 1, 2025 2024 September 1, 2025 Covered Multifamily properties ≥ 20k sq. ft.January 1, 2023 January 1, 2024 – June 2024 June 1, 2024 2023 September 1, 2024 Covered Multifamily properties ≥ 15k sq. ft.January 1, 2024 January 1, 2025 – June 2025 June 1, 2025 2024 September 1, 2025 265 Building IQ Timeline: Building Performance Standard (BPS) Action item Date Building IQ Ordinance enactment: June 1, 2022 Building Performance Standard (BPS) stakeholder group formed Summer 2022 BPS stakeholder group conducts research, gathers feedback from the broader community, and develops the BPS Design Guidelines Summer 2022 –Q3 2023 BPS Design Guidelines brought to Council for consideration and adoption Q3/Q4 2023 Properties will need to comply with a building performance standard TBD (established by BPS Design Guidelines) 266 MEMORANDUM TO:Mayor Torre and City Council FROM:Lisa Rigsby Peterson, Executive Director Wheeler Opera House THROUGH:Sara G. Ott, City Manager MEMO DATE:March 14, 2022 MEETING DATE:March 22, 2022 RE:Resolution 041, Series of 2022 Amending COVID Protocols at the Wheeler Opera House REQUEST OF COUNCIL: Resolution 90, Series of 2021, directed the City Manager to issue formal rules and regulations at the Wheeler Opera House in response to community risk from COVID-19. The risk of community spread is now dramatically less. The Pitkin County Board of Health has dropped masking requirements in indoor spaces, and the State of Colorado and the Centers for Disease Control have also recommended the discontinuation of mask wearing for the general public. At its March 9, 2022 meeting, the Wheeler Advisory Board passed a motion to recommend to Council that masks no longer be required, but rather recommended, at the Wheeler Opera House. The Board also passed a motion recommending that the vaccination or same-day negative test requirements remain in place through the duration of the current protocols, which will expire on April 15, 2022. Staff is requesting that Council adopt Resolution 041, Series of 2022, to make mask wearing recommended rather than required. SUMMARY AND BACKGROUND: Masks have been required at all Wheeler Opera House events since mid-October of 2021. Compliance has been excellent, and the Wheeler staff has successfully implemented all COVID-related protocols for the past five months. As the spread of COVID has dropped dramatically and virtually all indoor mask requirements have been rescinded, the Wheeler Advisory Board, in consultation with Wheeler staff, agree that the vaccination and negative test protocols still in place are sufficient to provide reasonable protection to patrons, artists and staff. DISCUSSION: Aligning mask requirements at the Wheeler with other indoor spaces in the city will alleviate increasing confusion from Wheeler patrons currently attending events at the Wheeler. Many patrons are arriving without masks, and while they willingly accept the 267 masks provided by Wheeler staff, it is now very difficult to enforce mask wearing in the theatre for the duration of any event. Given the rapidly decreasing COVID case counts in Pitkin County, staff feels that the continued requirements of vaccination or same-day negative test results are sufficient protocols to help prevent community spread at the Wheeler. These protocols align with those of several other entertainment venues and arts organizations not only in the city, but also throughout the performing arts industry. FINANCIAL IMPACTS: No financial impacts are anticipated. COMMUNITY IMPACTS: Eliminating the mask requirement at the Wheeler will align community expectations throughout the city. ALTERNATIVES: The alternative to the proposed resolution is to leave the original resolution, which includes masking requirements, in place through the expiration date of April 15, 2022. RECOMMENDATIONS: Staff recommends that City Council approve Resolution 041, Series of 2022, which changes the mask requirement at the Wheeler Opera House to a mask recommendation. CITY MANAGER COMMENTS: 268 RESOLUTION NO. 041 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING RESOLUTION NO. 90, SERIES OF 2021 REGARDING REQUIREMENTS FOR ATTENDANCE, WORKING, AND/OR VOLUNTEERING AT PERFORMANCES OR OTHER EVENTS AT THE WHEELER OPERA HOUSE. WHEREAS, the Wheeler Opera House is a performance venue owned and operated by the City of Aspen; and WHEREAS, as the operator of such facility, the City Council has the authority to set forth such rules and regulations for its operations as it deems appropriate, and WHEREAS, the Center for Disease Control and Prevention recommends that all eligible citizens obtain a vaccine to prevent the further spread of COVID-19, and WHEREAS, the City of Aspen recognizes at this time that certain individuals are unable or unwilling to obtain such recommended vaccinations; and WHEREAS, performances at the Wheeler Opera House attract large crowds who move about and sit in close proximity to one another; and WHEREAS pursuant to the legal authority set forth in C.R.S. Section 31-15-401(b), as well as all other applicable laws, rules, regulations, orders and declarations, the City of Aspen has the police powers “[t]o do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease” within City properties, including the Wheeler Opera House; and WHEREAS, the Wheeler Opera House Advisory Board recommended that the City adopt appropriate rules and regulations concerning attendance at performances and other events at the Wheeler Opera House; and WHEREAS, pursuant to Resolution No. 90, Series of 2021, City Council directed the City Manager, and such designees as she authorizes, to issue formal rules and regulations regarding the attendance, working, and or volunteering at any performance or other event, public or private at the Wheeler Opera House, which rules shall, at a minimum, require all persons on the Wheeler Opera House premises to wear face coverings, unless prevented pursuant to a medical exemption or unless performing on stage; and WHEREAS, the Pitkin County Public Health Order requirement to wear face coverings in all indoor spaces within the County of Pitkin to prevent the spread of COVID-19 has expired; and WHEREAS, the City of Aspen continues to make a best faith effort to educate its citizens on the benefits of face coverings and vaccinations to the best of its ability; and WHEREAS, the City Council finds that it is appropriate and in the interests of the public 269 2 health, safety, and welfare to amend the rules and regulations for attendance at performance and other events, public and private, at the Wheeler Opera House to recommend, but not require, face coverings for all persons on the Wheeler Opera House premises. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council hereby directs the City Manager, and such designees as she authorizes, to amend the formal rules and regulations regarding the attendance, working and/or volunteering at any performance or other event, public or private, at the Wheeler Opera House, to recommend, but not require, all persons on the Wheeler premises to wear face coverings, unless prevented pursuant to a medical exemption or unless performing on stage. All other rules and regulations adopted pursuant to Resolution 90, Series of 2021, not otherwise modified herein remain in full force and effect, including regulations governing proof of vaccination or proof of negative COVID19 unless or until modified by City Council or the City Manager. The rules and regulations as amended pursuant to this Resolution shall take effect on March 22, 2022, and shall remain in effect until April 15, 2022, unless sooner terminated by resolution of the City Council. INTRODUCED, AND ADOPTED by the City Council of the City of Aspen on the _____day of March, 2022. Torre, Mayor I, Nicole Henning, duly appointed City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on March 22, 2022. Nicole Henning, City Clerk 270 MEMORANDUM TO:Mayor and City Council FROM:Steve Barr, Parks Operations Manager THROUGH:Matt Kuhn, Parks and Open Space Director MEMO DATE:March 14, 2022 MEETING DATE:March 22, 2022 RE:Resolution #042 Series 2022 - Irrigation Efficiencies Equipment Contract REQUEST OF COUNCIL:The Parks Department is requesting approval of a contract with DBC Irrigation Supply for the procurement and services associated with a three-year project to install Baseline irrigation controllers in 27 City of Aspen park sites. SUMMARY AND BACKGROUND: The basis for this capital project is to upgrade the City of Aspen Parks irrigation control systems to provide efficient and effective management of water use, and to provide data that will allow us to better manage irrigation in the public space. The Parks Department has a twenty plus year old irrigation control system that in its inception was highly advanced, but presently does not provide the level of service required. Field communications and reporting mechanisms do not function to a desired level and staff are in jeopardy of losing technical support. Replacement of this system is essential to realizing our goals for water efficiencies. DISCUSSION: Water conservation within our exceptional community spaces are the foundation for this irrigation control system upgrade. The Parks Department is seeking water use data that is trackable and manageable and the catalyst to drive change in water use. Using this data, we can increase our ability to discover leaks/breaks in irrigation and act quicker to repair these conditions to realize substantial water savings. Lastly, the Parks Department will use soil moisture data at each park to determine need for watering or an automated shut off watering to best manage our water resources. Baseline Controllers provide such a platform for the Parks Department to realize our goals. Parks Staff will retrofit Baseline Controllers using in-house staff so that minimal impacts to park spaces are felt, and also reducing install costs. Any warranty and final technical details will be attended to by DBC Irrigation Supply as contractual obligation. 271 FINANCIAL IMPACTS: The contract with DBC Irrigation Supply is a three-year contract in the amount of $150,000 is authorized and accounted for in Irrigation Efficiencies Capital Project #50986. This purchase is part of the Parks and Open Space Fund budget (100 Fund) and capital project cost center of 572.81200.57410.50986 and will be three-year project starting in 2022 and completing in 2024 at a cost of $50,000 each year. ENVIRONMENTAL IMPACTS: The City of Aspen Parks Department is dedicated to the efficient use of water in its parks and open spaces and is continually seeking out avenues to understand and improve its usage of water for the betterment of the environment and the conscientious use of this valued natural resource. ALTERNATIVES:Council could direct staff to postpone the replacement contract or seek alternative equipment or contracts. RECOMMENDATIONS:The City of Aspen Parks Department asks Council to approve this item for completion or to give direction for alternative avenues. PROPOSED MOTION:“I move to approve Resolution # 042” CITY MANAGER COMMENTS: 272 RESOLUTION # 042 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND DBC IRRIGATION SUPPLY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for materials and services between the City of Aspen and DBC IRRIGATION SUPPLY, 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 for materials and services associated with Exhibit “A” to be rendered over the specified 3 year time period to start in 2022 between the City of Aspen and DBC IRRIGATION SUPPLY, 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 22nd day of March 2022. 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, March 22, 2022. Nicole Henning, City Clerk 273 Agreement for Procurement and Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT - V2021 SUPPLY PROCUREMENT AND PROFESSIONAL SERVICES City of Aspen Project No.: 2022-054 AGREEMENT made as of 10th day of March, in the year 2022. BETWEEN the City: Contract Amount: The City of Aspen c/o Steve Barr 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 618-9716 And the Professional: DBC Irrigation Supply c/o Brian Young 6385 Aviation Circle Loveland, CO 80538 Phone: 970-302-9937 Email: Byoung@Dbcirrigation.com For the Following Project: The City of Aspen Parks Department has chosen through a Request for proposal submission process Company here to provide irrigation control materials from Baseline Systems and professional support services as encompassed in the exhibits appended below for commencement in 2022 and completion in 2024. This City of Aspen Parks project is to retrofit an aging irrigation controller infrastructure in 27 Parks locations for which The City of Aspen Parks will be the primary installer of controllers. 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.:042_________________ Exhibit A: List of supplies, equipment, or materials to be purchased and Hourly Fee Schedule Exhibit B: Scope of Work as outlined in Request For Proposals Exhibit C: Warranties Procurement: $139,742.00 Professional Services: $4,998.00 Total: $144,740.00 DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 274 Agreement for Procurement and Professional Services Page 1 The City and Professional agree as set forth below. SUPPLY PROCUREMENT 1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or materials as described in Exhibit A, appended hereto and by this reference incorporated herein, for the sum of set forth above. 2. Delivery. (FOB 585 Cemetery Lane, Aspen, CO 81611 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid or Request for Proposals and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. (Exhibit C:) 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the 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. PROFESSIONAL SERVICES 6. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit B attached hereto and by this reference incorporated herein. 7. 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 December 31, 2024 with the installation and operation of all the equipment no later than December 31, 2024. 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. 8. 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 A 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. 9. 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 DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 275 Agreement for Procurement and Professional Services Page 2 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. 10. 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. 11. 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. 12. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 276 Agreement for Procurement and Professional Services Page 3 subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 14. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of 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 Worker's 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 THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 277 Agreement for Procurement and Professional Services Page 4 (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 TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 278 Agreement for Procurement and Professional Services Page 5 15. 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. 16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 17. 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. 18. 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. 19. 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. 20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 21. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101 Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21- 1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(III) as it relates to the employment of and contracting with a “worker without authorization” which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a Consultant who knowingly hires with a worker without authorization DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 279 Agreement for Procurement and Professional Services Page 6 to perform work under the contract. The law also requires 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. Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 5. “Worker without authorization” means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States By signing this document, Consultant certifies and represents that at this time: 1. Consultant shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and 2. Consultant has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not workers without authorization. Consultant hereby confirms that: 1. Consultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Consultant shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 280 Agreement for Procurement and Professional Services Page 7 If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Consultant shall: 1. Notify such subconsultant and the Owner within three days that Consultant has actual knowledge that the subconsultant is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsultant does not stop employing or contracting with the worker without authorization; except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with a worker without authorization. Consultant 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. If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant’s violation of Subsection 8-17.5-102, C.R.S. 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. 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. 22. 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. DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 281 Agreement for Procurement and Professional Services Page 8 (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. 23. 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. 22. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. 23. 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 DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 282 Agreement for Procurement and Professional Services Page 9 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 ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approved as to form: _______________________________ City Attorney’s Office General Conditions and Special Conditions can be found on City of Aspen Website. https://www.cityofaspen.com/497/Purchasing DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 Tech Services Manager 3/12/2022 | 6:37:46 AM MST Brian Young 283 STAGE ONE Wagner Park: Qty.Part #Description Price Each Price Extended 1 BL-ER-X Baseline Ethernet Radio Module x/xs w 3DB Antenna 1,680.00$ 1 ANT-OMNI-POLE-KIT 6DB Omni mast antenna w 20' of cable, connectors, surge arrester and 1.5" galvanized pole.542.53$ Wagner Park Total 2,222.53$ Koch Park: Qty.Part #Description Price Each Price Extended 1 BL-SUBSTN-SS-KIT-R12 Baseline 12 station conventional wire substation kit for SB-SS VIT Pedestal.3,981.00$ 1 BL-ER-P-16SS Baseline Ethernet Radio Module for SB-16SS pedestalwith 3DB itegrated antenna and ss antena mount.1,785.00$ Koch Park Total 5,766.00$ Ruby Park Qty.Part #Description Price Each Price Extended 1 BL-SUBSTN-X-R12 Baseline Substation w 12 station BL-5200R in 16 gauge powder coated metal wall mount cabinet.2,103.00$ 1 BL-ER-X Baseline Ethernet Radio module for x/xs cabinet w 3DB integrated antenna.1,680.00$ Ruby Park Total 3,783.00$ Downtown Mall: Qty.Part #Description Price Each Price Extended 1 BL-SUBSTN-SS-KIT-R12 Baseline 12 station conventional wire substation kit for SB-SS VIT Pedestal 3,981.00$ 1 BL-ER-P-16SS Baseline Ethernet Radio Module for SB-16SS pedestalwith 3DB itegrated antenna and ss antena mount.1,785.00$ Downtown Mall Total 5,766.00$ ***All Baseline equipment such as controllers, substations, 5200s, biCoders, lightning arrestors, cell modems, radios, and precip sensors will be brand new with current manufacturing date codes, purchased from Baseline's Boise facility within the last 30 days, and with the most current firmware already installed. No exceptions allowed*** All irrigation controllers and online management platform will be as manufactured by Baseline Systems, and provided by an authorized Baseline Systems distributor in Colorado. Controllers will be Base Station 3200 painted steel wall mounts. City of Aspen Parks infrastructure already has in place SB-SS-VIT Pedistals in numerous locations which will receive 12 station conventional wire substation kit where specified in this document. SubStations and BL-5200s can be used where specified. Aspen Parks Baseline Irrigation Controller Retrofit Exhibit ADocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 284 Wheeler Park: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-SS-KIT-R12 Baseline 12 station conventional wire substation kit for SB-SS VIT Pedestal 3,981.00$ 1 BL-ER-P-16SS Baseline Ethernet Radio Module for SB-16SS pedestalwith 3DB itegrated antenna and ss antena mount.1,785.00$ Whheler Park Total 5,766.00$ Francis Whitaker Park: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-SS-KIT-R12 Baseline 12 station conventional wire substation kit for SB-SS VIT Pedestal 3,981.00$ 1 BL-ER-P-16SS Baseline Ethernet Radio Module for SB-16SS pedestalwith 3DB itegrated antenna and ss antena mount.1,785.00$ Francis Whitaker Total 5,766.00$ Glory Hole Park: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-SS-KIT-R12 Baseline 12 station conventional wire substation kit for SB-SS VIT Pedestal 3,981.00$ 1 BL-CLOUD-LTE-VZ-PSS Baseline 4G Verizon cell modem in SB-16ss-VIT pedestal 995.00$ Glory Hole Total 4,976.00$ Rio Grande Park: Qty. Part # Description Price Each Price Extended 1 BL-3200X-R36 BaseLine 3200 Controller 36 StationPowered Bicoder 16 gauge powder coated metal wall mount cabinet expandible to 200 zones 4,266.00$ 1 BL-ER-X Baseline Ethernet Radio Module x/xs w 3DB Antenna 1,680.00$ 1 ANT-OMNI-POLE-KIT 6DB Omni mast antenna w 20' of cable, connectors, surge arrester and 1.5" galvanized pole 542.53$ 1 BL-BHM300-NO Baseline metal 3" hydrometer w integrated flow and master valve decoder, normally open, flanged.3,012.00$ Rio Grande Total 9,500.53$ DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 285 Herron Park: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-X-RDA Baseline replacement swing panel (complete) includes built in ethernet port.500.98$ 1 BL-ER-X Baseline Ethernet Radio module for x/xs cabinet w 3DB integrated antenna.1,680.00$ 1 ANT-OMNI-POLE-KIT 6DB Omni mast antenna w 20' of cable, connectors, surge arrester and 1.5" galvanized pole 417.78$ Herron Total 2,598.76$ Fox Crossing Park: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-X-R12 Baseline Substation w 12 station Bl-5200R in 16 gauge powder coated metal wall mount cabinet 2,103.00$ 1 BL-ER-X Baseline Ethernet Radio Module x/xs w 3DB Antenna 1,680.00$ Fox Crossing Total 3,783.00$ STAGE TWO Conner Park: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-SS-KIT-R12 Baseline 12 station conventional wire substation kit for SB-SS VIT Pedestal 3,981.00$ 1 BL-ER-P-16SS Baseline Ethernet Radio Module for SB-16SS pedestalwith 3DB itegrated antenna and ss antena mount.1,785.00$ Conner Total 5,766.00$ Moly Gibson: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-SS-KIT-R12 Baseline 12 station conventional wire substation kit for SB-SS VIT Pedestal 3,981.00$ 1 BL-ER-P-16SS Baseline Ethernet Radio Module for SB-16SS pedestalwith 3DB itegrated antenna and ss antena mount.1,785.00$ Moly Gibson Total 5,766.00$ DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 286 Newbury Park: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-SS-KIT-R12 Baseline 12 station conventional wire substation kit for SB-SS VIT Pedestal 3,981.00$ 1 BL-ER-P-16SS Baseline Ethernet Radio Module for SB-16SS pedestalwith 3DB itegrated antenna and ss antena mount.1,785.00$ 1 ANT-OMNI-POLE-KIT 6DB Omni mast antenna w 20' of cable, connectors, surge arrester and 1.5" galvanized pole 542.53$ Newbury Total 6,308.53$ Red Brick Park Qty. Part # Description Price Each Price Extended 1 BL-3200X-R36 BaseLine 3200 Controller 36 Station conventional wire 16 gauge powder coated metal wall mount cabinet 4,266.00$ 1 BL-CLOUD-LTE-VZ-X Baseline LTE Cloud Cellular Module 795.00$ Red Brick Total 5,061.00$ Hillyard Park: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-SS-KIT-R12 Baseline 12 station conventional wire substation kit for SB-SS VIT Pedestal 3,981.00$ 1 BL-ER-P-16SS Baseline Ethernet Radio Module for SB-16SS pedestalwith 3DB itegrated antenna and ss antena mount.1,785.00$ 1 ANT-OMNI-POLE-KIT 6DB Omni mast antenna w 20' of cable, connectors, surge arrester and 1.5" galvanized pole 542.53$ Hillyard Total 6,308.53$ Paepcke Park: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-X-R12 Baseline Substation w 12 station Bl-5200R in 16 gauge powder coated metal wall mount cabinet 2,103.00$ 1 BL-ER-X Baseline Ethernet Radio module for x/xs cabinet w 3DB integrated antenna.1,680.00$ Paepcke Total 3,783.00$ DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 287 Pioneer Park: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-SS-KIT-R12 Baseline 12 station conventional wire substation kit for SB-SS VIT Pedestal 3,981.00$ 1 BL-ER-P-16SS Baseline Ethernet Radio Module for SB-16SS pedestal with 3DB itegrated antenna and ss antena mount.1,785.00$ 1 ANT-OMNI-POLE-KIT 6DB Omni mast antenna w 20' of cable, connectors, surge arrester and 1.5" galvanized pole 542.53$ Pioneer Total 6,308.53$ Triangle Park: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-SS-KIT-R12 Baseline 12 station conventional wire substation kit for SB-SS VIT Pedestal 3,981.00$ 1 BL-ER-P-16SS Baseline Ethernet Radio Module for SB-16SS pedestalwith 3DB itegrated antenna and ss antena mount.1,785.00$ 1 ANT-OMNI-POLE-KIT 6DB Omni mast antenna w 20' of cable, connectors, surge arrester and 1.5" galvanized pole 542.53$ Triangle Total 6,308.53$ Yellow Brick Park: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-SS-KIT-R12 Baseline 12 station conventional wire substation kit for SB-SS VIT Pedestal 3,981.00$ 1 BL-ER-P-16SS Baseline Ethernet Radio Module for SB-16SS pedestalwith 3DB itegrated antenna and ss antena mount.1,785.00$ Yellow Brick Total 5,766.00$ Cemetery Lane: Qty. Part # Description Price Each Price Extended 1 BL-3200X-R36 BaseLine 3200 Controller 36 Station conventional wire 16 gauge powder coated metal wall mount cabinet 4,266.00$ 1 BL-CLOUD-LTE-VZ-X Baseline LTE Cloud Cellular Module 795.00$ DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 288 Cemetery Lane Total 5,061.00$ Crash Corner: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-X-R12 Baseline Substation w 12 station Bl-5200R in 16 gauge powder coated metal wall mount cabinet 2,103.00$ 1 BL-ER-X Baseline Ethernet Radio Module x/xs w 3DB Antenna 1,680.00$ Crash Corner Total 3,783.00$ Harmony Park: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-X-R12 Baseline Substation w 12 station Bl-5200R in 16 gauge powder coated metal wall mount cabinet 2,103.00$ 1 BL-CLOUD-LTE-VZ-X Baseline 4G Verizon cell modem in x/xs cabinet 795.00$ -$ Harmony Park Total 2,898.00$ Promontory Park: Qty. Part # Description Price Each Price Extended 1 BL-3200X-R24 BaseLine 3200 24 Station Wall Mount 3,945.00$ 1 BL-CLOUD-LTE-VZ-X Baseline 4G Verizon cell modem in SB-16ss-VIT pedestal 795.00$ Promontory Total 4,740.00$ Roundabout Qty. Part # Description Price Each Price Extended 1 BL-3200X-R24 BaseLine 3200 24 Station Wall Mount 3,945.00$ 1 ANT-OMNI-POLE-KIT 6DB Omni mast antenna w 20' of cable, connectors, surge arrester and 1.5" galvanized pole 542.53$ 1 BL-ER-P-16Ss Baseline Ethernet Radio Module for SB-16SS pedestalwith 3DB itegrated antenna and ss antena mount.1,680.00$ Roundabout Total 6,167.53$ Rotary Field: Qty. Part # Description Price Each Price Extended STAGE THREE DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 289 1 BL-3200X-R24 BaseLine 3200 24 Station Wall Mount 3,945.00$ 1 BL-CLOUD-LTE-VZ-X Baseline LTE Cloud Cellular Module 795.00$ Rotary Field Total 4,740.00$ Moore Field: Qty. Part # Description Price Each Price Extended 1 BL-3200X-R24 BaseLine 3200 24 Station Wall Mount 3,945.00$ 1 BL-CLOUD-LTE-VZ-X Baseline LTE Cloud Cellular Module 795.00$ Moore Field Total 4,740.00$ Henry Stein Park: Qty. Part # Description Price Each Price Extended 1 BL-SUBSTN-SS-KIT-R12 Baseline 12 station conventional wire substation kit for SB- 16SS VIT Pedestal 3,981.00$ 1 BL-ER-P-16SS Baseline Ethernet Radio Module for SB-16SS pedestalwith 3DB itegrated antenna and ss antena mount 1,785.00$ 1 ANT-OMNI-POLE-KIT 6DB Omni mast antenna w 20' of cable, connectors, surge arrester and 1.5" galvanized pole 542.53$ Henry Stein Total 6,308.53$ Final Total Final Total 139,742.00$ Other Products Qty. Part # Description Price Each Price Extended 17 BL-5315B Baseline Soil Moisture Sensor 294.00$ 4,998.00$ Other Products Total 4,998.00$ Qty. Part # Description Price Each Price Extended Radio Site Survey Survey of Communications 1,000.00$ 1,000.00$ Field Support Site visit for operational and consult needs 150.00$ 150.00$ Radio Configuration Radios configured according to radio site survey 500.00$ 500.00$ -$ Warranties: DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 290 Include here in or as attached DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 291 Request for Proposals Aspen Parks Baseline Irrigation Controller Retrofit 2022-054 Due Date: 2:00 PM (MST), March 9,2022 427 Rio Grande Place Aspen, CO 81611 (970)920-5059 www.cityofaspen.com Exhibit B DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 292 City of Aspen Request for Proposals REQUEST FOR PROPOSALS Sealed proposals will be received by the City of Aspen Purchasing Department through the Bidnet Direct website, www.bidnetdirect.com, until 2:00p.m., _Due Date_March 9, 2022, at which time the proposals will be opened and reviewed, for the following City of Aspen project: Aspen Parks Baseline Irrigation Controller Retrofit The project will include, but is not limited to: This City of Aspen Parks project is to retrofit an aging irrigation controller system with Baseline Irrigation controllers. All irrigation controllers and online management platform will be as manufactured by Baseline Systems, and provided by an authorized Baseline Systems distributor in Colorado. Installation of these systems will be undertaken by The City of Aspen Parks Department. This project will be completed in three stages with each stage encompassing one summer starting in 2022 and completion in 2024. The City of Aspen Parks Department is seeking a contract to procure quantities of Baseline Controllers and supporting products to retrofit 27 sites of differing complexity. The City of Aspen Parks Department is requiring suppliers provide field and technical support to aid in any warranty and communication concerns as each of the three stages is brought online and the successive stages are planned. Complete proposal packages are available to download or from www.bidnetdirect.com Vendors must be registered to view the bid packages. There is no charge to register. Call 1-800-835-4603 if you need assistance registering. To submit, an electronic copy of the Proposal as a PDF or Word file, must uploaded to the Bidnet Direct website, www.bidnetdirect.com. The file name must include the City’s project number and offeror’s name. The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan, specification, proposal or other writing submitted pursuant to this request. Discussion may be conducted with responsible Offerors who submit Proposals determined to be reasonably susceptible to be selected for award for purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. In addition to price, the criteria set forth in the Instruction to Offerors and any specific criteria listed below, may be considered in judging which Proposal is in the best interests of the City:  Firm Experience: 25%  Project understanding: 30%  Reference Responses 10%  Costs: 35% ______________________________________________________________________ DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 293 City of Aspen Request for Proposals BY ORDER OF THE CITY OF ASPEN, COLORADO Asal Vojdani, Purchasing DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 294 City of Aspen Request for Proposals Table of Contents 1.0 Introduction......................................................................................................................................... 5 1.1 Project Description and Background ....................................................................................... 5 1.2 Project Goals and Objectives ...................................................... Error! Bookmark not defined. 2.0 RFP Process ....................................................................................................................................... 5 2.1 Communication .............................................................................................................................. 5 2.2 Pre-Proposal Meeting ….………………………………………………………………………………………………..………..4 2.3 Proposal Submission ……….……………….………………………………………..………………………………………….4 2.4 Schedule .......................................................................................................................................... 5 2.5 Selection Criteria and Evaluation .............................................................................................. 6 3.0 Scope of the Work .. ……………………………………………………………………………………………………………………Error! Bookmark not defined. 4.0 Proposal Format ............................................................................................................................... 6 5.0 Legal ..................................................................................................................................................... 7 5.1 Interests of the City of Aspen ..................................................... Error! Bookmark not defined. 6.0 Exhibits ................................................................................................................................................ 7 DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 295 City of Aspen Request for Proposals 1.0 Introduction The purpose of this Request for Proposals (RFP) is to locate authorized Colorado Baseline Irrigation Dealers to supply Baseline Irrigation controllers, supporting products and field support during installation. Baseline Controllers will be retrofitted to an established irrigation system by City of Aspen staff. Field service for fine tuning of installed systems will be as needed upon completion of each installation component. 1.1 Project Description and Background The City of Aspen Parks Department is using Baseline Irrigation controller systems to update its present aging irrigation controller system. All irrigation controllers and online management platform will be as manufactured by Baseline Systems, and provided by an authorized Baseline Systems distributor in Colorado. Controllers will be Base Station 3200 painted steel wall mounts. City of Aspen Parks infrastructure already has in place SB-SS-VIT Pedestals in numerous locations which will receive 12 station conventional wire substation kit where specified. SubStations and BL-5200s can be used where specified in this document. ***All Baseline equipment such as controllers, substations, 5200s, biCoders, lightning arrestors, cell modems, radios, and moisture sensors will be brand new with current manufacturing date codes, purchased from Baseline's Boise facility within the last 30 days, and with the most current firmware already installed. No exceptions allowed*** The City of Aspen Parks will install controllers and products at 27 sites in three successive stages over a three year period starting in the Spring of 2022. The City of Aspen Parks Department is requiring suppliers provide field and technical support encompassing services specific to communication studies, warranty issues and operational consultation as each stage becomes operational. 2.0 RFP Process 2.1 Communication Questions must be posted on the Bidnet Direct website, www.bidnetdirect.com. Answers are posted online for all Offerors to review and consider. It is the Vendor’s responsibility to check the website for Q&As, addendums, and other important information. Vendors may contact Asal Vojdani at Asal.Vojdani@cityofaspen.gov or 970-920-5408 for questions regarding the procurement process or uploading proposals. 2.2 Proposal Submission Electronic submission is to be uploaded on the Bidnet Direct website, www.bidnetdirect.com. The electronic submission must be compiled into a single pdf or Word document. The name of the document must contain the City project number and firm’s name. The deadline for submitting responses to this RFP is 2:00pm, ________________. 2.3 Schedule The proposal, evaluation and selection schedule is as follows:  Date: Final Questions Due: March 3, 2022  Date: Proposal packages due by 2:00PM March 9, 2022  Date: Selection Announced March 10, 2022  Date: Signed Contracts Due March 14, 2022  Date: Council Approval March 22, 2022 DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 296 City of Aspen Request for Proposals 2.4 Selection Criteria The criteria for selection shall include but may not be limited to the following:  Firm Experience: 25%  Experience with Similar Controller Retrofits outside of City of Aspen  Names and Experience of persons supporting this project  Project understanding: 30%  Understanding of Project Scope  Perception of Field and Technical Support Role  Schedule/Approach to project  Reference Responses 10%  Costs: 35% The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. Discussion may be conducted with responsible offerors who submit Proposals determined to be reasonably susceptible to be selected for award for purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. 3.0 Scope of Work  Procurement:  Provide products for each stage prior to City of Aspen Parks installation.  ***All Baseline equipment such as controllers, substations, 5200s, biCoders, lightning arrestors, cell modems, radios, and moisture sensors will be brand new with current manufacturing date codes, purchased from Baseline's Boise facility within the last 30 days, and with the most current firmware already installed. No exceptions allowed***  Field Service and Technical Support:  Warranty and Troubleshooting: • Provide support for newly installed components in field and remote troubleshooting any warranty concerns.  Consultation: • Suggest professional best practices for next planned stages. • Due to individual nature and complexities of each site.  Communication study: • Provide communication data from technical study to ensure best communication from Base Hubs to corresponding Substations. 4.0 Proposal Format All proposals will follow the format as outlined below. Failure to do so may result in disqualification. Section 1 Introduction Introduce firm and key staff who would be assigned to this project. DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 297 City of Aspen Request for Proposals Include contact person name, phone number and email address for purposes of this procurement process. Section 2 Qualifications and Experience List previous experience with similar projects. Include the name, address and email for outside consultants who will be retained to work on this project with you. Section 3 Approach to Project Include an understanding of scope of work and any special considerations for the project and any alternatives that can be identified. Include any other work, not specifically listed in this RFP that you feel necessary. Section 4 References Include a minimum of two references that include project name, year work on completed, contact name, phone number and email address. Section 5 Fee Proposal and Schedule Include estimated costs on provided Site Specification Sheet. The sheet highlights product pricing, communication study pricing, field support pricing and warranty pricing/ information. 5.0 Legal 6.1 The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. 6.2 Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan, specification, proposal or other writing submitted pursuant to this request. 6.3 In order to fully understand the legal parameters of the City’s procurement process and contractual requirements, Respondents must review Exhibit A Instructions for Offerors of Professional Services and Exhibit B Professional Services Agreement. 6.4 By participating in the City’s procurement process, you are agreeing to the terms and conditions of the procurement process and the legal parameters of doing business with the City without change. 6.0 Exhibits The following files are attached for your use and reference as needed to properly respond to the RFP request:  Exhibit A – Pricing and Services Site Specification Sheet.  Exhibit B – Procurement and Services Agreement DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 298 Exhibit C DocuSign Envelope ID: CFB2930A-C10B-4B4B-9C62-EC5A4E3DC3A0 299 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Ben Anderson, Principal Long-Range Planner Garrett Larimer, Senior Planner Phillip Supino, Community Development Director MEMO DATE:March 13, 2022 MEETING DATE:May 22, 2022 RE:Residential Moratorium Land Code Amendments Resolution No. 043, Series of 2022 Policy Resolution – Public Hearing REQUEST OF COUNCIL:Prior to the initiation of code amendments in response to the residential development moratorium, Council is asked to review and approve the Policy Resolution as required by the Land Use Code. SUMMARY AND BACKGROUND:Since the adoption of Ordinance Nos. 26 and 27, Series of 2021 and Ordinance No. 6, Series of 2022, staff has held work sessions with Council to define the problems described in the emergency declarations and identify potential responses. Staff has held dozens of public meetings, focus groups, advisory committee meetings, and individual interviews to collect quantitative and qualitative data, hear from community members and effected parties, and come to shared understanding of the issues described in Ords. 26, 27, and 6 and how best to address those needing the protection of a moratorium. The public and internal processes are shifting from information gathering and project definition to analysis and code drafting. Between now and the first week of May, staff is scheduled to meet with Council in work sessions and regular meetings to review specific strategies and draft code language. Staff and our consultants will also conduct another round of significant public engagement to solicit input on possible regulations and draft code language. Now is the appropriate time in the process to present a policy resolution, as required by code, to define the policy objectives in support of the code amendments to be presented to Council in the coming weeks. Areas of Proposed Amendment: The amendments as conceived are extensive, covering a range of regulations, processes, standards, methodologies, and definitions in the Land Use Code. LUC sections anticipated for amendment include, but are not limited to: 26.104 Definitions, 26.200 Administration-Decision Making Bodies, 300 Page 2 of 8 Resolution No. 43, Series of 2022 Moratorium Policy Resolution 26.300 General Procedures and Regulations, 26.400 Development Review Standards and Procedures, 26.540 Certificates of Affordable Housing Credit, 26.575 Miscellaneous Regulations, 26.610 Impact Fees, 26.710 Zone Districts; and, The contents of the Policy Resolution and associated Aspen Area Community Plan (AACP) statements included in this memo guide the focus of the amendments on specific code sections, and the intent of those amendments in ensuring alignment between the AACP and LUC. Depending on Council’s response to proposals for amendments from staff and the final scope of the ordinances presented, the effected code sections listed above may change. STAFF DISCUSSION: Since the adoption of Ords. 26, 27, and 6, staff has conceived of their charge from Council as falling into four categories – short-term rentals, affordable housing, growth management, and development review procedures. Staff has worked with Council to define problem statements within those four categories, and with the public and consultants to identify potential solutions to the problem statements through amended LUC regulations. Key to developing regulatory responses and amending the LUC is identifying relevant AACP policies to underpin future regulations. The policy resolution and this memo memorialize the relationship between those AACP policies and the scope of staff’s work in the remaining months of the moratorium. The following summarizes the relevant AACP statements and possible responses being considered by staff. Council is asked to engage with these responses and discuss their effect and relevance to the AACP and statements in Ords. 27 and 6. Affordable Housing The Aspen Area Community Plan includes policies directing the City of Aspen to address affordable housing in the community, including: VIII.1. Restore public confidence in the development process. (pg 27) VIII.2. Create certainty in zoning and the land use process. (pg 27) VIII.3. Ensure that the Planned Development process results in tangible, long-term community befits and does not degrade the built or natural environment through mass and scale that exceeds the Land Use Code standards. (pg 27) II.1. The housing inventory should bolster our socioeconomic diversity. (pg 41) II.2. Affordable housing should be prepared for the growing number of retiring Aspenites. (pg 41) IV.2. All affordable housing must be located within the Urban Growth Boundary. (pg 42) IV.3. On-site housing mitigation is preferred. (pg 42) IV.5. The design of new affordable housing should optimize density while demonstrating compatibility with the massing, scale, and character of the neighborhood; (pg 42) and, 301 Page 3 of 8 Resolution No. 43, Series of 2022 Moratorium Policy Resolution In response to these policy statements, stakeholder input to date, and consultant and staff analysis staff has developed responses which may be developed into LUC amendments. Proposed Policy Direction 1. Analyze potential regulations to allow for the development of affordable housing by right in appropriate zone districts and with dimensional standards which support neighborhood character and the financial viability of private sector affordable housing development; and, 2. Create more robust incentives for the development of affordable housing by the private sector; and, 3. Provide a necessary foundation on which to base other, future Land Use Code changes in the creation of additional opportunity for affordable housing development. Short-term Rentals The Aspen Area Community Plan includes policies directing the City of Aspen to address STRs in the community, including: VIII.2. Create certainty in zoning and the land use process. (pg 27) II.1. The housing inventory should bolster our socioeconomic diversity. (pg 41) We must pursue more aggressive measures to ensure the needs of the community are met, and to preserve our unique community character. (pg 20); and I.1. Achieve sustainable growth practices to ensure long-term vitality and stability of our community and diverse visitor-based economy. (pg 24); and We must pursue more aggressive measures to ensure the needs of the community are met, and to preserve our unique community character. (pg 20); and IV.1 Minimize further loss of lodging inventory (pg 25); and Zoning and land use processes should result in lodging development that is compatible and appropriate within the context of the neighborhood, in order to: o Create certainty in land development… o Protect small town character community character… o Limit consumption of energy and building materials, o Limit the burden on public infrastructure and ongoing public operating costs, o Reduce short- and long-term job generation impacts, such as traffic congestion and affordable housing demand. VII.1 Study and quantify all impacts that are directly related to all types of development. VII.2 Ensure that new development and redevelopment mitigates all reasonable, directly related impacts. These policies for the basis for staff’s work and discussions with Council on the topic to date. All proposed regulations on the topic of STRs will be in support of one or more of these policies. Staff discussion with Council on this topic goes back to 2019. In the intervening years, staff and Council have agreed upon a set of topics to include in the development of new regulations and an expanded STR management program. These topics were presented to Council on February 1, 2022: 302 Page 4 of 8 Resolution No. 43, Series of 2022 Moratorium Policy Resolution Zoning – number, location, density/intensity of use, surrounding uses, Operational standards – days of operation/year, occupancy, nuisances, wildlife/trash, parking/access, Life safety – inspections, fire, signage and noticing, Permitting – eligibility, transferability, Financials – permit fee, impact fee, Enforcement – staff support, enforcement plan, fine schedule. Staff presented specific regulatory options to Council on March 1, 2022. (See Exhibit A, the 3/1/22 slide deck outlining those regulations.) Council directed staff at that meeting to return with a program proposal. The content of Resolution No. 43 reflects the direction from Council and staff’s assessment of top-tier priorities for expanded regulations and the creation of a new program in 2022. Proposed Policy Direction 1. Define short-term rentals (STRs) as a land use distinct from residential, commercial, and lodge uses; and, 2. Develop and implement a permitting and regulatory compliance system for STRs; and, 3. Use permit types to distinguish between STR types including owner-occupied, non-owner-occupied, and lodging-based STRs; and, 4. Use permit types to limit the duration (days per year) certain STR types may operate; and, 5. Develop and implement a neighborhood noticing system for STR permit applications; and, 6. Assess the appropriateness of a permit fee on STR permits which mitigates the administrative and community costs for the STR permit system; and, 7. Assess the appropriateness of an impact or other nexus-based fee on STRs to mitigate the affordable housing demand, community infrastructure impacts, and costs associated with STRs; and, 8. Quantify the affordable housing demand generated by STRs in residential properties; and, 9. Use zone districts and concentration limits to limit the number of STRs in the community and focus the use in appropriate districts; and, 10.Develop comprehensive life safety standards for STRs; and, 11.Develop public information and “good neighbor” policies to assist STR occupants in supporting and following Aspen’s regulations and cultural norms; and, 12.Development a system of inspections, audits, and enforcement for STRs. Research in best practices and experiences of sister communities in regulating STRs has shown that it is an ongoing process. Resort communities in particular review and modify STR regulations on a regular basis, allowing communities to adapt to changes in STR market dynamics, community needs, and emerging best practices. Staff expects that the ordinances eventually proposed to Council under the moratorium will be an initial attempt to introduce additional regulation to the STR market. Staff anticipates some regulatory strategies will be omitted from this initial ordinance to allow for further study and assessment of the impact of new regulations over time. 303 Page 5 of 8 Resolution No. 43, Series of 2022 Moratorium Policy Resolution Growth Management and the Pace and Scale of Development The Aspen Area Community Plan includes policies directing the City of Aspen to address growth management and development mitigation, including: We must pursue more aggressive measures to ensure the needs of the community are met, and to preserve our unique community character. (pg 20); and I.1. Achieve sustainable growth practices to ensure long-term vitality and stability of our community and diverse visitor-based economy. (pg 24); and V.1. Encourage a commercial mix that is balanced, diverse and vital and meets the needs of year-round residents and visitors. (pg 26); and V.2. Facilitate the sustainability of essential businesses that provide basic community needs. (pg 26); and V.3. Ensure that the City Land Use Code results in development that reflects our architectural heritage in terms of site coverage, mass, scale, density and a diversity of heights, in order to: o Create certainty in land development. o Prioritize maintaining our mountain views. o Protect our small-town community character and historical heritage. o Limit consumption of energy and building materials. o Limit the burden on public infrastructure and ongoing public operating costs. o Reduce short- and long-term job generation impacts, such as traffic congestion and demand for affordable housing. (pg 26) and, These policies for the basis for staff’s work and discussions with Council on the topic to date. All proposed regulations on these topics will be in support of one or more of these policies. Proposed Policy Direction 1. Conduct a generation and mitigation study to support updates to the employee generation and mitigation rates for single-family, duplex and multi-family residential uses within the City; and 2. Assess the adequacy of the current system of development allotments at managing growth through controls on residential development; and, 3. Analyze the relationship between residential demolition, the allotment system, and the pace and scale of residential development and redevelopment to determine whether demolition constitutes residential development activity warranting and allotment under the GMQS; and, 4. Analyze appropriate performance standards for residential development seeking an allotment under the GMQS; and, 5. Amend residential development standards to ensure the mass and scale of residential development and redevelopment reinforces neighborhood and community character; and, 6. Amend the standards for the calculation of development metrics to ensure residential development and redevelopment mitigate for their community impacts. The existing GMQS frameworks provides opportunities to address the pace and scale of development and ensure proper mitigation for community impacts from development. 304 Page 6 of 8 Resolution No. 43, Series of 2022 Moratorium Policy Resolution The relationship between development and affordable housing generation is well established. That nexus can be reinforced and adapted to the current development context. Additional nexuses between climate and environmental policies provide opportunities to further support AACP policies with LUC development regulations. Development Review Procedures The Aspen Area Community Plan includes policies directing the City of Aspen to address development review procedures, including: We must pursue more aggressive measures to ensure the needs of the community are met, and to preserve our unique community character. (pg 20); and I.1. Achieve sustainable growth practices to ensure long-term vitality and stability of our community and diverse visitor-based economy. (pg 24); and V.3. Ensure that the City Land Use Code results in development that reflects our architectural heritage in terms of site coverage, mass, scale, density and a diversity of heights, in order to: o Create certainty in land development. o Prioritize maintaining our mountain views. o Protect our small-town community character and historical heritage. o Limit consumption of energy and building materials. o Limit the burden on public infrastructure and ongoing public operating costs. o Reduce short- and long-term job generation impacts, such as traffic congestion and demand for affordable housing. (pg 26); and, VIII.1. Restore public confidence in the development process. (pg 27) VIII.2. Create certainty in zoning and the land use process. (pg 27) IV.3. On-site housing mitigation is preferred. (pg 42) Proposed Policy Direction City Council provides the following direction to guide the development of LUC amendments on this topic: 1. Ensure that review processed for residential development and redevelopment, affordable and free market, support and deliver upon adopted City policies, including analysis of by-right, administrative, and board review processes and the level of scrutiny and community involvement appropriate for different development types; and, 2. Modify review standards and processes to promote the development of additional affordable housing; and, 3. Modify review standards and procedures to better align the use of land, infrastructure, and resources for residential land uses supports City policy and economic, environmental, and community needs. The process by which development proposals are reviewed and approved influences development outcomes and the ability of the private sector to deliver needed public goods like affordable housing or not. Staff is confident that modifications to review processes will result in better development outcomes for the community relative to the policy goals stated in the AACP. 305 Page 7 of 8 Resolution No. 43, Series of 2022 Moratorium Policy Resolution Climate Action & Environmental Stewardship The moratorium placed on certain types of residential development and new STR permits was based, in part, on the relationship between greenhouse gas emissions, environmental impacts from development, and the misalignment between the City’s development regulations and climate and environmental policies. While climate action and environmental stewardship are not one of the four topics proposed by staff for Land Use Code amendments during the moratorium, they form the data and policy basis for staff work in those four topic areas. This is in response to the climate and environmental impacts from development, as distinct from programs and policies falling outside of the regulations of the LUC. The Aspen Area Community Plan includes policies directing the City of Aspen to address climate change and environmental stewardship, including: I.1. By 2020, reduce the carbon footprint of the Aspen Area from 2004 levels by 30% (to 588,612.5 tons CO2-e). (pg 52) I.2. All existing development and uses should minimize their greenhouse gas emissions. (pg 52) I.3. Incentivize alternative forms of transportation to reduce reliance on fossil fuels. (pg 52) I.4. All new development and uses should minimize their greenhouse gas emissions. (pg 52) II.3. All existing development and uses should minimize their air pollution emissions. (pg 52) II.4. All new development and uses should minimize their air pollution emissions. (pg 52) IV.1. Maximize recycling, implement waste reduction and environmentally responsible purchasing programs, and encourage behavior that moves the Aspen Area toward being a zero-waste community and extends the life of the landfill. (pg 53) IV.4. Increase the practice of deconstruction and increase the amount of materials that are diverted from the landfill, reused or recycled. (pg 53) V.4. Require new development and redevelopment to minimize their energy usage and use on-site renewable energies as the site allows. (pg 53) V.5. Existing development should minimize energy usage and use on-site renewable energies as the site allows (pg 53); and, Staff is using climate and environmental data to inform and support the development of proposed regulations for the built environment. As we develop strategies to better align regulations with policies, staff is tracking emerging opportunities and coordinating with relevant agencies to assess their potential to advance policies and programs throughout the organization. For example, Planning, Building and Climate Action staff are coordinating on way to use the definition of demolition and growth management allotment system in the land use code as a potential trigger for compliance with progressive building energy codes and Utilities department standards for water and energy consumption on residential properties undergoing redevelopment. 306 Page 8 of 8 Resolution No. 43, Series of 2022 Moratorium Policy Resolution These opportunities, be they new programs, regulations, fees, or other ideas, and which may ensure greater alignment between land use and environmental outcomes will be presented to Council during the coming weeks to inform post-moratorium next steps and departmental work plans. CONCLUSION: Approving the Policy Resolution would not approve code amendments or signal eventual approval of the amendments. The Policy Resolution allows the typical process for a LUC amendment to proceed as described by code. Council can then fully consider the proposal comprehensively, in the context of public outreach, research, analysis, and recommendation from staff and consultants. Staff continues work on public engagement, analysis, and development of draft ordinances. Following the policy resolution hearing, staff will return to confirm Council’s direction on short-term rentals, development review procedures, and other topics as necessary before introducing ordinances for first reading in the second half of May. RECOMMENDATIONS: Staff Recommends Council approve Resolution No. 43, Series of 2022, approving initiation of possible Land Use Code amendments. RECOMMENDED MOTION: “I move to approve Resolution No. 043, Series of 2022.” FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: N/A CITY MANAGER COMMENTS: EXHIBITS: Exhibit A – 3/1/22 STR Slide Deck Exhibit B – 3/14/22 GMQS Slide Deck 307 Resolution No. 43, Series of 2022 Moratorium Code Amendments Policy Resolution Page 1 of 7 RESOLUTION NO. 43 SERIES OF 2022 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING POLICIES AUTHORIZING AMENDMENTS TO THE LAND USE CODE IN RESPONSE TO CITY COUNCIL’S SHORT-TERM RENTAL AND RESIDENTIAL DEVELOPMENT MORATORIUM WHEREAS,pursuant to Section 26.310.020(A), a Policy Resolution is required to initiate amendments to the City of Aspen Land Use Code; and, WHEREAS,pursuant to Section 26.310.020(A), during a regular City Council meeting on December 14, 2021, City Council adopted Ordinance No. 26, Series of 2022 by a unanimous affirmative vote extending 2021 Vacation Rental Permits issued as of December 8, 2021, until September 30, 2022 and terminating any new 2022 permits as of January 15, 2022; and, WHEREAS,pursuant to Section 4.11 of Aspen’s Municipal Charter, during a special City Council meeting on March 15, 2022, City Council adopted Ordinance No. 06, Series of 2022 by a unanimous affirmative vote reestablishing a moratorium on certain types of residential development until June 8, 2022; and, WHEREAS, at previous Council Meetings, including but not limited to December 8, 2021and March 15, 2022Council meetings,Community Development Department received direction from City Council to draft targeted amendments to the Land Use Code related to short-term rentals, growth management, affordable housing, and development review processes; and, WHEREAS,the Land Use Code amendments requested by Council will advance specific policy statements in the Aspen Area Community Plan (AACP) related to affordable housing, environmental protection, climate action, residential sector development, lodging, community sustainability and character, and development review processes; and, WHEREAS,the Land Use Code is an essential tool for City Council and the community to ensure that Aspen’s built environment supports the vision and policy objectives described in the AACP; and, WHEREAS,the Land Use Code requires periodic amendments to ensure it supports adopted City policy, is aligned with the community vision, and responds to changes in community, economic, and environmental conditions; and, WHEREAS, to ensure the Land Use Code supports AACP policies, delivers a built environment which supports community policies, economic needs, environmental stewardship obligations, responds to current community, economic, and environmental conditions, and supports to objectives of Ordinance No. 26, Series of 2021and Ordinance No. 308 Resolution No. 43, Series of 2022 Moratorium Code Amendments Policy Resolution Page 2 of 7 6, Series of 2022, the Community Development Director recommends Council consider amendments to Land Use Code sections including, but not limited to: 26.104 Definitions, 26.200 Administration-Decision Making Bodies, 26.300 General Procedures and Regulations, 26.400 Development Review Standards and Procedures, 26.540 Certificates of Affordable Housing Credit, 26.575 Miscellaneous Regulations, 26.610 Impact Fees, 26.710 Zone Districts; and, WHEREAS,City Council has reviewed the proposed code amendment policy direction described in this resolution and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS,amending the Land Use Code as described below will ensure the ongoing effectiveness and viability of the regulations within the City of Aspen Land Use Code to achieve City Council’s policy and regulatory goalsas described inOrdinance No. 26, Series of 2021 and Ordinance No. 6, Series of 2022; and, WHEREAS,the regulations and standards in the Land Use Code provide important tools for the realization of Council’s policy and regulatory objectives in response to Ordinance No. 26, Series of 2021 and Ordinance No. 6, Series of 2022; and, WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development Department, following approval of this Policy Resolution will conduct Public Outreach with the public, property owners, and members of the development community; will receive recommendation from the Planning and Zoning Commission in a public hearing; and will propose an Ordinance to be considered at First and Second Reading; and, WHEREAS,this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Overall Code Amendment Objectives The objectives of these code amendments are to: 1. Align regulations in the Land Use Code with policies in the Aspen Area Community Plan related to affordable housing, environmental protection, climate action, growth management quota system, residential sector development, lodging, community sustainability and character, and development review processes; and, 309 Resolution No. 43, Series of 2022 Moratorium Code Amendments Policy Resolution Page 3 of 7 2. Amend the Land Use Code to support the development of more affordable housing in the City of Aspen; and, 3. More directly recognize and ensure proper mitigation of the employee generation impact of single family and duplex residential development; and, 4. More directly recognize and ensure proper mitigation of the employee generation impact of short-term rental in residential property within the City of Aspen; and, 5. Align land use review processes with community development needs, including affordable housing, and the mitigation of the community impacts from free-market development; and, 6. Ensure the ongoing effectiveness of the Growth Management Quota System in managing growth from residential development and redevelopment and mitigating the community impacts from those activities; and 7. Leverage GMQS tools to better align land use regulations and policies with climate action and environmental stewardship policies; and, 8. Adequatelymitigate for the impacts of short-term rentals to the community; and, 9. Support adopted community greenhouse gas emissions reductions targets through responsible land use and development regulations; and, 10. Ensure future development and redevelopment mitigates for its climate, solid waste, natural resource, and environmental impacts; and, 11. Ensure the pace and scale of residential sector development dose not unduly impact the health, safety, peace, and sustainability of the community. Section 2: Topics for Potential Code Amendments A. Affordable Housing The Aspen Area Community Plan includes policies directing the City of Aspen to address affordable housing in the community, including: 1. VIII.1. Restore public confidence in the development process. (pg 27) 2. VIII.2. Create certainty in zoning and the land use process. (pg 27) 3. VIII.3. Ensure that the Planned Development process results in tangible, long-term community befits and does not degrade the built or natural environment through mass and scale that exceeds the Land Use Code standards. (pg 27) 4. II.1. The housing inventory should bolster our socioeconomic diversity. (pg 41) 5. II.2. Affordable housing should be prepared for the growing number of retiring Aspenites. (pg 41) 6. IV.2. All affordable housing must be located within the Urban Growth Boundary. (pg 42) 7. IV.3. On-site housing mitigation is preferred. (pg 42) 8. IV.5. The design of new affordable housing should optimize density while demonstrating compatibility with the massing, scale, and character of the neighborhood; (pg 42) and, City Council provides the following direction to guide the development of LUC amendments on this topic: 1. Analyze potential regulations to allow for the development of affordable housing by right in appropriate zone districts and with dimensional standards which support 310 Resolution No. 43, Series of 2022 Moratorium Code Amendments Policy Resolution Page 4 of 7 neighborhood character and the financial viability of private sector affordable housing development; and, 2. Create more robust incentives for the development of affordable housing by the private sector; and, 3. Provide a necessary foundation on which to base other, future Land Use Code changes in the creation of additional opportunity for affordable housing development. B. Short-term Rentals The Aspen Area Community Plan includes policies directing the City of Aspen to address STRs in the community, including: 1. VIII.2. Create certainty in zoning and the land use process. (pg 27) 2. II.1. The housing inventory should bolster our socioeconomic diversity. (pg 41) 3. We must pursue more aggressive measures to ensure the needs of the community are met, and to preserve our unique community character. (pg 20); and 4. I.1. Achieve sustainable growth practices to ensure long-term vitality and stability of our community and diverse visitor-based economy. (pg 24); and 5. We must pursue more aggressive measures to ensure the needs of the community are met, and to preserve our unique community character. (pg 20); and 6. IV.1 Minimize further loss of lodging inventory (pg 25); and 7. Zoning and land use processes should result in lodging development that is compatible and appropriate within the context of the neighborhood, in order to: a. Create certainty in land development… b. Protect small town character community character… c. Limit consumption of energy and building materials, d. Limit the burden on public infrastructure and ongoing public operating costs, e. Reduce short- and long-term job generation impacts, such as traffic congestion and affordable housing demand. 8. VII.1 Study and quantify all impacts that are directly related to all types of development. 9. VII.2 Ensure that new development and redevelopment mitigates all reasonable, directly related impacts. City Council provides the following direction to guide the development of LUC amendments on this topic: 1. Define short-term rentals (STRs) as a land use distinct from residential, commercial, and lodge uses; and, 2. Develop and implement a permitting and regulatory compliance system for STRs; and, 3. Use permit types to distinguish between STR types including owner-occupied, non- owner-occupied, and lodging-based STRs; and, 4. Use permit types to limit the duration (days per year) certain STR types may operate; and, 5. Develop and implement a neighborhood noticing system for STR permit applications; and, 311 Resolution No. 43, Series of 2022 Moratorium Code Amendments Policy Resolution Page 5 of 7 6. Assess a permit fee on STR permits which mitigates the administrative and community costs for the STR permit system; and, 7. Assess the appropriateness of an impact or other nexus-based fee on STRs to mitigate the affordable housing demand, community infrastructure impacts, and costs associated with STRs; and, 8. Quantify the affordable housing demand generated by STRs in residential properties; and, 9. Use zone districts and concentration limits to limit the number of STRs in the community and focus the use in appropriate districts; and, 10. Develop comprehensive life safety standards for STRs; and, 11. Develop public information and “good neighbor” policies to assist STR occupants in supporting and following Aspen’s regulations and cultural norms; and, 12. Development a system of inspections, audits, and enforcement for STRs; and C. Growth Management and Development Pace and Scale The Aspen Area Community Plan includes policies directing the City of Aspen to address growth management and development mitigation, including: 1. We must pursue more aggressive measures to ensure the needs of the community are met, and to preserve our unique community character. (pg 20); and 2. I.1. Achieve sustainable growth practices to ensure long-term vitality and stability of our community and diverse visitor-based economy. (pg 24); and 3. V.1. Encourage a commercial mix that is balanced, diverse and vital and meets the needs of year-round residents and visitors. (pg 26); and 4. V.2. Facilitate the sustainability of essential businesses that provide basic community needs. (pg 26); and 5. V.3. Ensure that the City Land Use Code results in development that reflects our architectural heritage in terms of site coverage, mass, scale, density and a diversity of heights, in order to: a. Create certainty in land development. b. Prioritize maintaining our mountain views. c. Protect our small-town community character and historical heritage. d. Limit consumption of energy and building materials. e. Limit the burden on public infrastructure and ongoing public operating costs. f. Reduce short- and long-term job generation impacts, such as traffic congestion and demand for affordable housing. (pg 26) and, City Council provides the following direction to guide the development of LUC amendments on this topic: 1. Conduct a generation and mitigation study to support updates to the employee generation and mitigation rates for single-family, duplex and multi-family residential uses within the City; and 2. Assess the adequacy of the current system of development allotments at managing growth through controls on residential development; and, 3. Analyze the relationship between residential demolition, the allotment system, and the pace and scale of residential development and redevelopment to determine 312 Resolution No. 43, Series of 2022 Moratorium Code Amendments Policy Resolution Page 6 of 7 whether demolition constitutes residential development activity warranting and allotment under the GMQS; and, 4. Analyze appropriate performance standards for residential development seeking an allotment under the GMQS; and, 5. Analyze residential development standards to ensure the mass and scale of residential development and redevelopment reinforces neighborhood and community character; and, 6. Amend the standards for the calculation of development metrics to ensure residential development and redevelopment mitigate for their community impacts. D. Development Review Procedures The Aspen Area Community Plan includes policies directing the City of Aspen to address development review procedures, including: 1. We must pursue more aggressive measures to ensure the needs of the community are met, and to preserve our unique community character. (pg 20); and 2. I.1. Achieve sustainable growth practices to ensure long-term vitality and stability of our community and diverse visitor-based economy. (pg 24); and 3. V.3. Ensure that the City Land Use Code results in development that reflects our architectural heritage in terms of site coverage, mass, scale, density and a diversity of heights, in order to: a. Create certainty in land development. b. Prioritize maintaining our mountain views. c. Protect our small-town community character and historical heritage. d. Limit consumption of energy and building materials. e. Limit the burden on public infrastructure and ongoing public operating costs. f. Reduce short- and long-term job generation impacts, such as traffic congestion and demand for affordable housing. (pg 26); and, 4. VIII.1. Restore public confidence in the development process. (pg 27) 5. VIII.2. Create certainty in zoning and the land use process. (pg 27) 6. IV.3. On-site housing mitigation is preferred. (pg 42) City Council provides the following direction to guide the development of LUC amendments on this topic: 1. Ensure that review processed for residential development and redevelopment, affordable and free market, support and deliver upon adopted City policies including analysis of by-right, administrative, and board review processes and the level of scrutiny and community involvement appropriate for different development types; and, 2. Modify review standards and processes to promote the development of additional affordable housing; and, 3. Modify review standards and procedures to better align the use of land, infrastructure, and resources for residential land uses supports City policy and economic, environmental, and community needs. Section 3: Other Amendments as Necessary 313 Resolution No. 43, Series of 2022 Moratorium Code Amendments Policy Resolution Page 7 of 7 Other amendments may be required to ensure coordination between the sections identified above and other sections in the LUC which may not have been anticipated. The code sections identified in this resolution is not an exhaustive list and may be modified to ensure coordination between LUC sections and to follow subsequent Council direction on these topics. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY,adopted this 22nd day of March, 2022. ______________________________________ Torre, Mayor ATTEST:APPROVED AS TO FORM: _______________________________________________ Nicole Henning,City Clerk James R True, City Attorney 314 Short-term Rental Policy Direction City Council –Work Session March 1, 2022 315 Work Sessions: Policy Resolution: Regular Meetings: Moratorium Conceptual Project Timeline February 1st March April May June 8th code drafting and Council adoption community engagement research, analysis, concept testing Notes •topics for work sessions will respond to staff work product and Council policy direction •engagement project evolves to deliver relevant data to inform process steps •each topic will be addressed through stand-along ordinances •ordinances will be presented to Council for first reading as they are completed engagement report delivered to Council 3/1 3/14 3/28 4/11 4/12 4/25 4/26 5/11 5/25 3/22 316 Constraints •Time –we have established a fixed timeline for this •COVID –Intersection of public health and public engagement •“Wicked”problems •Conflicting Views in the Community 317 Ideas Shaping Staff’s Thinking Focus on the things that will have the most direct effect Do a few things thoughtfully and effectively Identify things that require the protection of the moratorium Some (maybe, many) topics can wait Set realistic expectations 318 Request of Council Tonight A robust conversation to arrive at: •Shared understanding of the scope of STR amendments •Clear direction on questions in Council packet •Agreement on next steps on code amendments 319 Degree of Difficulty STR Regulatory Options Easy –admin. focused, precedent, uncontentious Moderate –precedent, uncontentious, staffing needs, increased regulations Hard –nexus or fee studies, public votes,legal challenges, increased costs, industry burden, staffing needs 320 Short -Term Rentals Acknowledge STRs as a distinct land use with distinct characteristics Mitigate employee generation and other impacts Basic health, safety, and visitor experience standards Limit impacts on community and neighborhood character Discourage further displacement of working locals 321 Short -Term Rentals Permit Standards and Processes Life safety –inspections, fire, signage and noticing Permitting –eligibility, transferability Operational standards –days of operation/year, occupancy, nuisances, wildlife/trash, parking/access Enforcement –staff support, enforcement plan, fine schedule Financials –permit fee, impact fee Zoning –number, location, density/intensity of use, surrounding uses 322 Problem Statement #1 STRs are a land use distinct from residential and lodge uses. Yet land use regulations do not make that distinction. This results in a variety of inequities and community impacts which our current system fails to address. Possible Responses Definition of STR –distinct from residential and lodge uses use zoning to align with uses allow for difference between residential, lodge, commercial, and STR 323 Problem Statement #2 Aspen has not sought to mitigate the impacts of STRs on employee generation and other infrastructure and service demands. Possible Responses Permit fee – mitigate community impacts cover program costs 324 Problem Statement #2 Aspen has not sought to mitigate the impacts of STRs on employee generation and other infrastructure and service demands. Possible Responses Increase lodger’s tax –mitigate community impacts, program funding sister community's lodger’s tax rates 2.00% - 4.00% public vote Distinct STR tax sister community’s STR specific taxes 2.00% - 7.50% 15.00% excise tax public vote 325 Problem Statement #2 Aspen has not sought to mitigate the impacts of STRs on employee generation and other infrastructure and service demands. Possible Responses Impact Fee –mitigate community impacts, program funding no known examples possibly tied to GMQS allotment system OR permitting system 326 Problem Statement #3 The community has not established review criteria to ensure basic health and safety standards for individual STRs,or to provide common expectations related to property management and guest behavior standards. Possible Responses Life Safety Standards –ensure occupant health and safety fire code building code emergency contact 327 Problem Statement #3 The community has not established review criteria to ensure basic health and safety standards for individual STRs,or to provide common expectations related to property management and guest behavior standards. Possible Responses Inspections –ensure regulatory compliance at time of permit & thereafter fire and building codes exiting waste management occupancy emergency contact 328 Problem Statement #3 The community has not established review criteria to ensure basic health and safety standards for individual STRs,or to provide common expectations related to property management and guest behavior standards. Possible Responses Messaging –ensure good neighbor behavior noise parking wildlife public safety emergency contacts 329 Problem Statement #4 The scale and rapid expansion of STRs are changing the nature of important aspects of neighborhood and community character in ways that we are just beginning to understand.It is clear that some STRs are operating as commercial uses in dedicated residential zone districts. Possible Responses Neighborhood noticing –public information & participation, transparency applicant information posted or mailed notices designated radius responsibility of permittee 330 Problem Statement #4 The scale and rapid expansion of STRs are changing the nature of important aspects of neighborhood and community character in ways that we are just beginning to understand.It is clear that some STRs are operating as commercial uses in dedicated residential zone districts. Possible Responses Different permit types –permit different operators differently owner-occupied whole or partial house Condo-tel non-owner-occupied broker represented others? 331 Different permit types –permit different operators/properties differently owner-occupied condo-tel non-owner-occupied/hosted broker/manager operatedworker housing 332 Problem Statement #4 The scale and rapid expansion of STRs are changing the nature of important aspects of neighborhood and community character in ways that we are just beginning to understand.It is clear that some STRs are operating as commercial uses in dedicated residential zone districts. Possible Responses Zoning Controls –location, number, etc. permitted, conditional, prohibited uses commercial, residential, lodging zones 333 Problem Statement #4 The scale and rapid expansion of STRs are changing the nature of important aspects of neighborhood and community character in ways that we are just beginning to understand.It is clear that some STRs are operating as commercial uses in dedicated residential zone districts. Possible Responses Duration Limits limit days/year by permit type? by zone? 334 Problem Statement #5 STRs,particularly in multi-family developments,have accelerated a transition of many housing units that previously were owned or rented by working locals into de facto lodge units. The displacement of locals from these units over time is not a new trend,but STRs have brought a new scale and pace to this challenge. Possible Responses Concentration Limits limit density of STR s by zone by block by unit type within developments 335 Zoning & Concentration Limits City of Durango 336 Enforcement Expanded regulations will likely require a new approach to enforcement and an expanded program to manage. Possible Responses Complaint-based Enforcement status quo Active Enforcement inspections audits outreach compliance staff 337 OTHERS? Any other topics that aren’t currently included in staff’s thinking? 338 STR Engagement Plan Engagement Tactics •Aspen Community Voice –information, survey, email registration •Technical Stakeholder Advisory Committee •brokers, lodge operators, STR operators, property managers, advocates •1-on-1 Interviews •residents, stakeholders, professionals, advocates •Neighborhood/HOA –Presentations and Conversations •Social Media engagement •Print Media and Radio engagement •Public meetings and Social Events –public health orders permitting •Boards and Commissions –P&Z, HPC, APCHA 339 Next Steps: •Ongoing engagement •Staff and consultant analysis •Council work sessions: 3/14, 3/21, 3/22 (Policy Reso)3/28, 4/5, 4/11, 4/25, 4/26 Staff will return to Council on March 14 to discuss policy preferences for residential development topics. 340 Residential Development and Affordable Housing Policy Direction City Council –Work Session March 15, 2022 341 Public Engagement Update Last week was a flurry of events focused on Residential Development: •Pop -up events on the Pedestrian Mall •Events directed at different parts of town •Focus Groups geared to different groups •One-on-one conversations continue •Continued build-out of resources on Aspen Community Voice +Feedback that was received last week shaped staff’s memo and recommendation +We plan a similar week of outreach in mid-April prior to finalization of any Amendments 342 Public Engagement Update Last week was a flurry of events focused on Residential Development: •Pop -up events on the Pedestrian Mall •Events directed at different parts of town •Focus Groups geared to different groups •One-on-one conversations continue •Continued build-out of resources on Aspen Community Voice +Feedback that was received last week shaped staff’s memo and recommendation +We plan a similar week of outreach in mid-April prior to finalization of any Amendments 343 Work Sessions: Policy Resolution: Regular Meetings: Moratorium Conceptual Project Timeline February 1st March April May June 8th code drafting and Council adoption community engagement research, analysis, concept testing Notes •topics for work sessions will respond to staff work product and Council policy direction •engagement project evolves to deliver relevant data to inform process steps •each topic will be addressed through stand-along ordinances •ordinances will be presented to Council for first reading as they are completed engagement report delivered to Council 3/1 3/14 3/28 4/11 4/12 4/25 4/26 5/11 5/25 3/22 344 Constraints •Time –we have established a fixed timeline for this work •COVID –Intersection of public health and public engagement •“Wicked”problems •Conflicting Views in the Community 345 Ideas Shaping Staff’s Thinking Focus on the things that will have the most direct effect Do a few things thoughtfully and effectively Identify things that require the protection of the moratorium Some (maybe, many) topics can wait Set realistic expectations 346 Request of Council Tonight A conversation to arrive at: •An understanding of trade-offs and opportunities of policy options on residential development and affordable housing •Clear direction on questions in Council packet 347 Pace and Scale of Residential DevelopmentGMQS does not capture or mitigate for current trends in development Inconsistent with climate action goals Construction impacts on neighbors Impacts to infrastructure Mass and Scale are inconsistent with AACP 348 Residential Development –policy choice Should we further limit the floor area (either net or gross ) of new or redeveloped free-market,single-family or duplex development? OR Should we pursue updated mitigation requirements and other alternatives that do not reduce floor area? 349 Residential Development Should we further limit the floor area (either net or gross ) of new or redeveloped free-market, single-family or duplex development? 1) Limiting the net, allowable floor area as established for each Zone District in 26.700, or 2) Eliminating or reducing the floor area exemptions established in 26.575.020 –most impactful are sub-grade and garage exemption, or 3) Creating a new maximum allowable, gross floor area based on lot size. 350 Residential Development Limiting the size of homes –through floor area reductions Pro + Could have both visual and environmental impacts Con -Extremely contentious –due to the value of square footage -Unless floor area is substantially reduced,would likely not translate into the outcomes Council is desiring -Would require significant study to arrive at a defensible reduction -Other alternatives could provide more impactful outcomes –that likely will be less contentious 351 Residential Development Limiting the size of homes –through floor area reductions Pro + Could have both visual and environmental impacts Con -Extremely contentious –due to the value of square footage -Unless floor area is substantially reduced, would likely not translate into the outcomes Council is desiring -Would require significant study to arrive at a defensible reduction -Other alternatives could provide more impactful outcomes –that likely will be less contentious 352 Residential Development Should we pursue updated mitigation requirements and other alternatives that do not reduce floor area? 1) AH Mitigation –already contemplated, a new generation study is being conducted and improvements to local deferral agreements are being discussed. Ord. 24 of 2021 is tabled and will be modified in response. 2) Changes to How we measure dimensions to respond to mass and scale concerns –examples: height, grade, exterior spaces, what can be located in a setback. 353 Residential Development Should we pursue updated mitigation requirements and other alternatives that do not reduce floor area? 3) Changes to GMQS to create allotments and performance standards for demolition scenarios. 4) Performance standards, incentives, impact fees related to energy consumption and construction waste. 5) Building and Energy Code updates to ramp up efficiency standards. 6) Consistency and clarity across City standards and rules 354 Residential Development Mitigation and Alternatives Pro + A limited number of items that would have to occur under the moratorium +More opportunity to identify incentives and disincentives +More opportunity for cooperation and collaboration +Cumulatively, these could transform Aspen’s built environment Con -Not as definitive a response as reducing floor area -Some of these items will take time to implement 355 Residential Development Mitigation and Alternatives Pro + A limited number of items that would have to occur under the moratorium + More opportunity to identify incentives and disincentives + More opportunity for cooperation and collaboration + Cumulatively, these could transform Aspen’s built environment Con -Not as definitive a response as reducing floor area -Some of these items will take time to define and implement 356 Residential Development Council Discussion and Direction Limitation on floor area (net or gross) OR Mitigation and other alternatives 357 Promotion of Affordable Housing Can we identify additional incentives for private sector development? The Land Use Code can be a barrier to predictable AH development Do we want to continue a system of AH development that relies on more development? 358 Affordable Housing Does Council wish to bring more certainty and predictability to the development of affordable housing by moving reviews of AH projects from a P&Z or HPC review –to an administrative review or a “straight to building permit” scenario? This would require a project to be fully compliant with established performance and dimensional standards and review criteria. 359 Affordable Housing Does Council wish to promote the opportunity for AH development across all Zone Districts –residential and commercial? This would require creating the opportunity for additional density (number of units) and creating affordable, multi-family as a “permitted use” in Zone Districts that do not currently allow for this use. 360 Affordable Housing –If “Yes” to the last slide Should dimensions for 100% AH projects, other than the number of units, remain consistent with the underlying Zone District (floor area, height, setbacks, etc.)? OR Should projects that are 100% affordable, be granted additional dimensional flexibility? (Would be Zone District specific standards) 361 Affordable Housing Crafting amendments in response to affirmative answers to any of the previous questions would have the following effects: Pro + Would set important foundations for other polices that would encourage both private and public sector AH development . + Would bring compliant AH development into an equal position with “by right” free-market development. Con -Would limit the degree of public and neighbor input on affordable housing development that was compliant with requirements. 362 Affordable Housing Council Discussion and Direction 1) Streamlined and predictable review process for 100% AH? 2) Density opportunities for 100% AH across Zone Districts? 3) Dimensional flexibility for 100% AH projects (Zone District specific)? 363 OTHER THOUGHTS? 364 Next Steps: •Ongoing engagement; one-on-one conversations •A second round of community-wide engagement –early to mid-April •Staff and consultant analysis continues •Council work sessions: 3/14, 3/21, 3/22 (Policy Reso), 3/28, 4/5, 4/11, 4/25, 4/26 365 MEMORANDUM TO:Mayor and Council FROM: Nancy Lesley, Director of Special Events CJ Oliver, Director of Environmental Health and Sustainability Lisa Rigsby Peterson, Wheeler Opera House Executive Director Steve Barr, Parks Operations Manager THROUGH: Diane Foster, Assistant City Manager Austin Weiss, Director of Parks & Recreation MEMO DATE:March 11, 2022 MEETING DATE: March 22, 2021 RE:Rio Grande Park Rental and Free Community Concert REQUEST OF COUNCIL:Staff is asking Council if they support the following: Rental of Rio Grande Park for 3 nights of music, the first night being free and open to the community Monetary support from the Wheeler Opera House for the free to the community concert Waiving the noise ordinance for the three nights SUMMARY AND BACKGROUND: Staff has received, and the Permit Committee has reviewed, the application by Belly Up Aspen to host three nights of live music in Rio Grande Park on July 22nd, 23rd and 24th, 2022. While there are still details to be worked out, the review committee supports this event and will work to ensure the best outcome if Council approves. Rio Grande Park has hosted concerts before, most notably JAS Aspen June Festival multiple years with June 2008 being the last one. DISCUSSION:According to their application, “Belly Up Aspen has been booking, producing, and promoting live music concerts in Aspen for over 17 years. Beyond producing over 4,500 concerts held at the indoor venue on Galena Street, we have co- promoted events with ESPN/X-Games, Aspen Skiing Company, outdoor concerts in Vail, the Wheeler Opera House and more.” Their application requests a multi-genre outdoor concert featuring a single stage experience targeting an average demographic in their mid-30’s. 366 Per the City’s municipal code (Sec. 2.12.080. - Parks Department fees), the exclusive use of the park is subject to a fee of $8,415. This is generally applied as a per-day fee, however since this is not explicitly defined in the code, Council could direct staff to apply this fee in various levels. This could be: a one-time fee ($8,415), applied only to the private two-day event ($16,830), applied to the duration of the event ($25,245), or for the entire impact to the park including setup and tear-down, which is likely between 7 and 10 days ($58,905-$84,150). Based on past precedent and cost recovery, staff recommend applying the two-day fee of $16,830, for the exclusive use of Rio Grande Park. Additionally, staff would likely require a bond to be posted for potential damage caused to the park and adjacent infrastructure. Events Calendar - Staff has seen a dramatic increase in event and park rental applications, phone call and inquiries. It appears there is a significant pent-up demand to get back to normal and do things in groups with friends or for a cause. Staff has already approved over 10 new events with traditional events also filling the calendar. These new events are a wide variety and range from athletic based to community oriented. The requested dates for the outdoor concerts work well within the events calendar. Impacts - The Parks Department has tools to help mitigate turf damage, which has been used during various events on parks, most notably Food & Wine. These materials and philosophies will be deployed and have been agreed to by the applicant. The applicant will be required to put up a refundable bond to ensure any damage by the event will not be funded by the City. The Park will become an enclosed area that will be exclusive use for the 3 days of the concerts. The application also requests the closure of Rio Grande Place with a few exceptions. Access to the City Hall parking lot and bank parking will remain open. Access to the parking garage will be off Mill Street with the egress a one way out of the garage heading east on Rio Grande Place. Access to the Rio Grande Recycling Center, Obermeyer Place and other businesses will be maintained from Spring and Main intersection. There will be a maintained and continuous Emergency Vehicle access lane for the duration. The applicant has requested the ability to go beyond the limits set forth in the City of Aspen Noise Ordinance which allows public events to produce noise levels up to 100 decibels until 9:00 PM. Specifically, the applicant is requesting to continue the event until 10:00 PM and potentially exceed the 100 decibel sound level on each of the three evenings. Staff recommends that this decision be considered by Aspen City Council. Theatre Aspen has been notified of this event and they anticipate noise bleed from the concert to negatively impact their performances. They have not suggested any alterations to their plans, nor do they recommend another weekend that would work for their calendar. Community - Staff is also looking at expanding our community based programming and offerings. The need for our community to be able to come together for various reasons 367 is strong and overdue. The Aspen community has long been acknowledged as tight-knit and staff has been working on ways in which to bring people back together to celebrate being (hopefully) past COVID and to acknowledge how hard the last couple of years have been. To that end, various departments are involved in this endeavor. The Recreation Department is hosting a Community Health Day in late May. The Wheeler Opera House is looking to create a family friendly “hands-on” program that will be hosted in September or October. The Events staff will be bringing you some options regarding your Community Picnic. With the inclusion of this Wheeler Opera House co-promotion, the expanded community calendar might look like this: May – Recreation Department Community Health Day July – Wheeler Opera House & Belly Up Aspen Free Outdoor Concert August – Community Picnic re-focus September – Wheeler Opera House – Family Day FINANCIAL IMPACTS: The Parks Department will enter into a contractual agreement with Belly Up Aspen for the park rental. Part of the contract will be a bond for the regeneration of the park if that becomes necessary. In addition, the Parks Department will incur additional staffing costs, which can be absorbed into the current budget authority. The Wheeler Opera House will co-promote the performer for the Friday night concert with Belly Up. There would need to be an additional appropriation of approximately $30,000 in the Wheeler operating budget to cover anticipated expenses. If approved, this amount would be incorporated into the 2022 Spring Supplemental as a previously approved action. ENVIRONMENTAL IMPACTS: The applicant has agreed to work with the Environmental Health staff to minimize the environmental impacts of the event through waste minimization and diversion practices. This event is geared towards people who are already in town who can use public transit, pedestrian access and We-cycle to reach the venue. ALTERNATIVES:Council can direct staff to not take any further action on the special event application. RECOMMENDATIONS:Staff recommends approving each of the three requests of Council. CITY MANAGER COMMENTS: Attachment Event Calendar CouncilmemoexhibitA32022 368 Event Proposed Dates Location Kick Aspen Night Skiing 3/24/22 Aspen Mountain Walk for Wilko 3/27/22 Buttermilk to Aspen AABC trail Bud Light Core Party 4/2/22 Cooper and Galena Highlands Closing day 4/10/22 Aspen Alehouse Return to Hope 5K run for Mental Health 4/23/22 Memorial Walk, Carry the Load 5/24/22 Aspen Art Museum Opening Reception 5/26/22 Cars and Coffee 6/4/2022 and 10/15/2022 Hopkins between Hunter and Galena RBC Gala Event 6/6/22 Indepence Pass Private location Food and Wine 2022 6/17-6/19 2022 Wagner Park, Paepcke Park, Powerhouse, Silver City Ice Rink AMEX food and Wine 2022 6/18/22-6/19/2022 Aspen Cycling Club Races 6/22/22 Smuggler Hutner Creek Rugby Game 7/2 and 7/3 SWAY--Austrailias Strange Fruit July Wagner Park AVSC July 4th Community Picnic 7/4/21 Koch Park Buddy Race 7/4/22 Wagner Park/In front of Aspen Times Aspen Cycling Club Race 7/6/22 Government Trail Power of 4 Run 7/9/22 4 ski mountains Tunnel to tTowers 5 K 7/23/2022 OR other Aspen Valley Marathon 7/16/22 Aspen Invitational Bike Ride 7/16/22 Bugsy Bernard Aspen Arts Festival 7/16-7/17 Paepcke Park Outdoor Concert 3 nights, Friday Night free community Concert7/22/2022-7/24/2022 Rio Grande Park Aspen Backcountry Marathon 7/30/22 start/finish Rio Grander Park Ducky Derby Tent on the mall 7/31-8/13 Pedestrian Mall Tour de Rump 8/6/22 Koch Power of 4 Bike 8/6/22 4 ski mountains Ducky Derby 8/13/22 Rio Grande Park Motherlode 8/31-9/5 Rio Grande Wagner koch park Ruggerfest 9/15/2022-9/18/2022 Wagner Park/Rio Grande Park Golden Leaf 9/17/22 Koch Park Global Meeting of Mountain Partnership 9/25-9/28 369 Flag football tournament summer 2023 basketball tournament summer 2022 370 RESOLUTION # 047 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE USE OF CITY PARKS FOR A SPECIAL EVENT IN JULY AND GRANTING A TEMPORARY VARIANCE OF THE NOISE ORDINANCES RELATED TO THIS EVENT. WHEREAS, there has been submitted to the City Council a proposal for three nights of live music in Rio Grande Park on July 22nd, 23rd and 24th, 2022 to be a co-production of the Wheeler Opera House and the Belly-Up, requesting financial support and variances from the City’s Noise Ordinances. 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 the use of the Rio Grande Park for three nights of live music on July 22nd, 23rd and 24th, 2022, Friday night of which will be a free concert co-production of the Wheeler Opera House and the Belly-Up, and a financial contribution of not more than $30,000 towards such event. In addition, the City Council authorizes the Special Events Committee to issue such variances to the City of Aspen’s Noise Ordinances set forth Chapter 18.04 of the Aspen Municipal Code, pursuant to Section 18.04.050 g., on such terms and conditions as deemed by the committee to be appropriate. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 22nd day of March 2022. 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, March 22, 2022. Nicole Henning, City Clerk 371