Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
agenda.council.regular.20090824
CITY COUNCIL AGENDA August 24, 2009 5:00 P.M. 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 on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments e) Board Reports VI. Consent Calendar (These matters maybe adopted together by a single motion) a) Resolution #60, 2009 -Rocky Mountain Water Consultants Geothermal investigation Services b) Resolution #61, 2009 -Contract Purchase Betz Electric Transformers c) Resolution #62, 2009 -Contract Purchase Electric Pad-mount Switchgear d) Resolution #63, 2009 -Contract Purchase Underground Primary Cable e) Minutes-August 10, 11, 2009 VII. First Reading of Ordinances VIII. Public Hearings a) Ordinance #18, 2009 -City Water Plant 500 Doolittle SPA Amendment b) Ordinance #19, 2009 -Aspen Local Marketing District IX. Action Items a) Resolution #64, 2009 -Ballot Question X. Adjournment Next Regular Meeting September 14, 2009 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. vi a~ MEMORANDUM To: FROM: THRU: DATE OF MEMO: MEETING DATE: RE: Mayor and City Council John Hines, Utility Engineer Phil Overeynder, Public Works Director August 17, 2009 August 24, 2009 Contract Award to Rocky Mountain Water Consulting, LLC REQUEST OF COUNCIL: Staff requests awazd of a contract to John Kaufman, PG, CPG of Rocky Mountain Water Consulting, LLC to conduct a study and prepaze a water rights report in support of the City's geothermal water rights decree application (Case No. 08CW083). The study will develop sufficient data together with a report to determine where or not Aspen should proceed with a geothermal water right application, test well drilling, and a numerical ground- water model that would lead to adjudication of a geothermal water right and a contemplated geothermal production and injection system. A second objective of the study is to determine if development of the City's geothermal resources is feasible and whether or not senior water rights will be injured by such development. The work scope will be divided into two phases. In the first phase, a conceptual model and report will be developed that is based on available data. The second phase scope will be based upon the findings of the conceptual model in the first phase. The second phase will include well drilling, testing, modeling and a report. This scope of work pertains only to the phase 1 tasks. The total contract award is $33,000.00. Mr. Kaufrnan prepazed the prior study which consisted of a geothermal reconnaissance study of the Aspen area. PREVIOUS COUNCIL ACTION: In 2008, a geothermal reconnaissance study of the Aspen area was completed at the request of CORE and the City of Aspen. The study found that warm ground water associated with hydrothermal igneous deposits of silver, lead, and zinc ore beneath the City of Aspen may be present in sufficient quantities for direct heat exchange or for application of a ground- waterheat pump system. With certain assumptions about the geothermal resource, the study found that up to 167 billion Btu/year could be achieved through heat transfer from geothermal reservoir. The study had certain findings pertaining to potential aquifer yield, temperature, water quality, and water rights. Recommendations addressed testing the Molly Gibson mine shaft and construction and testing of a 2,500- to 3,500-foot test well in the city. Page 1 of 3 4. On behalf of the City of Aspen, Colorado an application for underground geothermal water rights was filed in Division No. 5 Water Court. The application was filed on June 30, 2008. BACKGROUND: In response to the water rights application, the Division 5 Engineer (Alan C. Martellaro) issued a Summary of Consultation stating the applicant must provide an engineering report detailing the proposed closed-loop system to prove that no consumptive use or losses will occur, and that no valid, prior water right or geothermal right will be materially injured, as defined in CRS 37-90.5-107(8) (i.e.: no diminution or alteration in the quantity, temperature, or quality). The report should also explain why the reinjection Well No. 6 will only be 1,200 feet deep while the withdrawal wells will be 2,500 to 3,500 feet deep, as the reinjection should be the same source from which the withdrawals were made. [This paragraph and the Division Engineer's concern is the primary objective of this scope of work. The feasibility of injecting geothermal return jlows needs to be determined.] DISCUSSION: Scope of Work For the reconnaissance study 1. Compile and review available and pertinent hydrogeo[ogic information. 2. Water Rights Tabulation. 3. Develop conceptual model. 4. Monitor ongoing studies by others on the Aspen anomaly. 5. Interim Technical Memorandum. The work products of each task will be presented in an interim technical memorandum to Alperstein and Covell, Aspen's water counsel, by August 15, 2009. The memorandum will enable Aspen to determine whether or not the project is feasible before moving Forward on the water court application and the construction of any test wells. FINANCIALBUDGET IMPACTS: The cost of Scope of Work for the reconnaissance study is $33,000.00. There is 2009 budget authority to cover this contract expense. ENVIRONMENTAL IMPACTS: The City of Aspen is proposing a geothermal project to provide heating (air, water, and snowmelt) and cooling to businesses within a four square mile area of downtown Aspen. An incentive for participating is that Aspen is marketed as a "green destination". Participants will be able to offer use of renewable energy for heating, cooling and provision of snowmelt as a way to reduce the carbon footprint of hotel and guest services. The project's estimated annual greenhouse gas reductions: 13,513.62 tons COZe RECOMMENDED ACTION: Staff recommends Council approve the contract to John Kaufman, PG, CPG of Rocky Mountain Water Consulting, LLC for $33,000. ALTERNATIVES: The alternative to selecting John Kaufman, PG, CPG of Rocky Mountain Water Consulting, LLC to perform this work would be to advertise and request proposals from other hydro-geologists consultants. John Kaufman, PG, CPG has already performed Phase 1 of this work. The possibility of receiving a less expensive bid for the same amount of expertise and experience is unlikely and would cause project delays and inefficiencies. PROPOSED MOTION: I move to approve Resolution # Ep~ Page 2 of 3 CITY MANAGER ATTACHMENTS: 1. Contract between City of Aspen and Rocky Mountain Water Consulting, LLC. Page 3 of 3 RESOLUTION #~D (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND ROCKY MOUNTAIN WATER CONSULTING LLC SETTING FORTH THE TERMS AND CONDITIONS REGARDING GEOTHERMAL INVESTIGATION SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Rocky Mountain Water Consulting LLC, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Rocky Mountain Water Consulting LLC regarding geothermal investigation services a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held August 24, 2009. Kathryn S. Koch, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES This Ageement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and ROCKY MOUNTAIN WATER CONSULTING, INC, ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scoce of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Professional shall wmmence 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 ofthe Work in a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed no later than December 24, 2009. Upon request ofthe City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause,be exceeded by the Professional. 3. Pa ent. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise mutually ageed to by the parties the payments made to Professional shall not initially excced $33,000.00. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assienabiliri. Both parties recognize that this wntract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subwntractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee ofthe Professional to the extent ofthe subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination. The Professional or the City may terminate this Ageement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the PS1-971.doc Page 1 termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 6. Covenant Against Contineent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other wnsideration contingent upon or resulting from the award or making of this contract. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant ofthe 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 ofthe 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 enfvely 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 wnnection 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 ofthe services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on aceount of injury, loss, or damage, including without limitation claims arising from bodity injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fanh ofthe Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee ofthe 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 ofthe Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incun•ed by the City in wnnection with, any such liability, claims, or demands. If it is determined by PS1-971.doc Page 2 the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers'Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensationlrequire((7~~71~1~ents of this paragraph. ~p f s~~G~.Q ~plr (ia~/2i~e ..Qac.l: %?B~ ~ldGnxfCVSK laTedr L'p~cky(~h1ei LCL %S Q ~i ~srO~O~%lJ`brS~u dIN~~n (ii) Commercial General Liability insurance with minimum combined single ~-~~ limits of ONE MILLION DOLLARS ($1,000,000.00) each oceun•ence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including wverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. 3oo~eoo (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than °" DOLLARS ($~969;99~99) each oceun•ence and DOLLARS $1-099,99- 9-99) aggregate with respect to each Professional's owned, hired and non-0wned 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,(theP~rofessional providing services to the City under this contract. ~~y~'"~'"'"" 8-/7-09 PSt-971.doc ~~' ~/~T~'ra"'~ W/~j~ ~~ Page3 141RCE HUND12Eb 7NO~SA+vD ~ (iv) ~ggrggate. iJuivt4 ua-irco .se../.P~oa~.ir~ aG'~wi q~e ~o d~~+-c/~w.~ ~rmcl .Xa 3~/!~/,~N/GS OrE y'6 d~Uj~~ !*•rif/r a~rats~ro~ ~-/7-09 (c) The policy or policies required above shall be endorsed to include the City and the City's d M/~I„w,,, officers and employees as additional insureds. Every policy required above shall be primary insur- 7 ance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not wntributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall wntain 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 wverages 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 covemges, 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 $15Q000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 2410-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 0. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific wverages offered by CIItSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. PS1-971.doc Page 4 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: Professional: City Manager John M Kaufman City of Aspen Rocky Mountain Water Consulting, Inc. 130 South Galena Street 20203 East Maplewood Place Aspen, Colorado 81611 Centennial, CO 80016 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101. a. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the Owner, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a PS1-971.doc Page 5 Contractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. b. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the 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-]02(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "Services" means the famishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. c. By signing this document, Contractor certifies and represents that at this time: 1. Contractor shall confirm the employment eligibility ofall employees who are newly hired for employment to perform work under the public contract for services; and 2. Contractor 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 illegal aliens. d. Contractor hereby confirms that: 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor 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. PS1-971.doc Page6 4. Contractor shall not use the either the a-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: i. Notify such subcontractor and the Owner within three days that Contractor has actual knowledge that the subcontractor is employing or subcontracting with an illegal alien; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Contractor 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. Z If Contractor 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. Ifthis Agreement is so terminated, Contractor shall be liable for actual damages to the Owner arising out of Contractor's violation of Subsection 8- 17.5-102, C.R.S. 17. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or wvenants 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. PS1-971.doc Page 7 (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] PS1-971.doc Page 8 ATTESTED BY: CITY OF ASPEN, COLORADO: WITNESSED BY• ~'h L, By: Title: Date: PROFESSIONAL: ROCKY MOUNTAIN WATER CONSULTANTS By: Title DaG PSI-971.doc Page 9 EXFIIBIT °A" to Professional Services Agreement Scope of Work 1. Compile and review available and pertinent hydrogeologk information. The Colorado Geological Survey has mapped in detail much of the geology of Roaring Fork River Basin from Aspen to Glenwood Springs. Copies of these maps have been obtained and will be reviewed along with other relevant USGS maps of the area. Pertinent well records on file at the Colorado State Engineer's Office and Oil and Gas Commission will also be compiled, tabulated, mapped, and reviewed. Available and relevam water-quality data will be compiled from municipal sources and the State Geological Survey. 2. Water Rights Tabulation. A tabulation by drainage of existing water rights along the Roaring Fork River and it tributaries from Aspen to Glenwood Springs will be developed from State Engineer's Office records including the online Colorado River Decision Support System. The tabulation will include both surface-water and ground-water rights. The tabulation will include water right names, locations, appropriation and adjudication dates, permit numbers for wells, case numbers, decree amourrts, uses. 3. Develop conceptual model Using the data compiled in tasks l and 2 above, hydrogeologic cross sections will be prepared as necessary that will extend from Aspen to the Colorado River at Glenwood Springs. A conceptual model (as described above) will be developed that will be used to design test wells and form the basis of a numerical ground-water model in support of the water rights application. 4. Mon#or ongoing studies by others on the Aspen anomaly. Ongoing research by others on the Aspen anomaly will be monitored. Opportunities for joirrt funding of test drilling or other activities through grants and/or Loans will be explored. 5. Interim Technical Memorandum. The work products of each task will be preserved in an interim technical memorandum to Alperstein and Covell, Aspen's water counsel, by August 15, 2009. The memorandum will enable Aspen to determine whether or not the project is feasible before moving forwazd on the water court application and the construction of any test wells. The interim technical memorandum will ant address potential funding opportunities for subsequern phases of the project, such as test drilling and modeling. A discussion of funding opportunities would be the product of a separate analysis. Future test well(s) and necessary numerical ground-water modeling should provide essential quantitative information about flte availability and feasibility of developing geothermal resources beneath Aspen. The feasibility must address the technical, water PSI-971.doc Page 10 rights, and economic factors that would likely affect the outcome of the project. The test well and modeling information will also provide needed information about the hydraulic connection between the geothermal ground-water source and the alluvium of the Roaring Fork River system and the need for an augmentation plan. Collectively, this information will be used by Aspen and their water counsel to determine if and how to move forward with the Water Court case. Each subsequent phase of the project would also be accompanied by an appropriate interim technical memorandum that addresses the issues and outcomes of the respective phase of work. A final project report would be completed at the conclusion of the final phase of the project work in support of a geothermal water right decree. Test well drilling and modeling (Phases 2 and 3) are not included in this scope of work aad will be addressed separately following completion of the Phase 1 tasks. A cost estimate for each task in Phase 1 at a billing rate of $115 per hour (plus expenses) is as follows: PSI-971.doc Page 11 EXHIBIT "B" to Professional Services Agreement Rate Schedule A wst estimate for each task in Phase 1 at a billing rate of $115 per hour (plus expenses) is as follows: Task Est. Hours Labor Expenses Totat 1 20 $2,300 $1,000 $3,300 2 20 $2,300 $1,000 $3,300 3 160 $18,400 $2,000 $20,400 4 20 $2,300 $400 $2,700 5 20 $2,300 $1,000 $3,300 Totals 240 $27,600 $5,400 533,000 Costs will be billed on a time and expense basis with a cost not to exceed $33,000. Travel time to meetings will not be billed PS1-971.doc Page 12 VI b MEMORANDUM TO: Mayor and City Council FROM: John Hines, Renewable Energy Utility Manager THRU: Phil Overeynder, Public Works Director DATE OF MEMO: August 17, 2009 MEETING DATE: August 24, 2009 RE: The approval of the purchase of nine (9) electric transformers from Betz Transformer Company for the City's 25kV overall Express Feeder project. REQUEST OF COUNCIL: Our request for disbursement of allocated funds in the amount of $64,185.00 for the purchase of 9 electric transformers from Betz Transformer Company for the Express Feeder projects. The Express Feeder will provide a direct connection of several City- owned facilities (presently served directly by Holy Cross Energy) to the existing Aspen Municipal Electric system, as well as making provisions for connecting the proposed Castle Creek Energy Center. In addition to reducing energy costs for City facilities, the Express Feeder, when completed, will provide a more reliable source of electric power to the Aspen Municipal Electric System. When combined with the existing Puppy Smith 25kV Feeder, the Express Feeder will also reduce our reliance on facilities that are owned by Holy Cross Energy (HCE). BACKGROUND: Switching from HCE electric power facilities to municipal electric facilities has three main benefits. Greenhouse gas emissions attributable to energy use by City facilities will be substantially reduced. City facilities will also have direct access to lower cost and renewable energy sources. One other benefit to making this switch will, of course, be more flexibility in serving the City of Aspen's electrical needs. DISCUSSION: The present phase of the Express Feeder project encompasses the following: ^ Extension of the power and communication conduit/vault system that was installed with the Water Reuse Line and the Maroon Creek Bridge upgrade. The existing conduit system runs from the Burlingame Subdivision to the Aspen Municipal Golf Course facility near Cemetery Lane and Highway 82. The power and communication conduit/vault system will be extended as follows: o From the Golf Course east to the vicinity of the proposed Castle Creek Energy Center Page 1 of 3 o From the Golf Course south and west to intercept existing conduits running to the Aspen Recreation Center o From the vicinity of the new Castle Creek Energy Center to the Water Treatment Plant o From the vicinity of the proposed Castle Creek Energy Center to connect to the Aspen Municipal Electric System at 8th and Francis Street ^ Installation of 25kV power cable and fiber optic communication cable in the new and existing conduit/vault systems. ^ Installation and connection of electrical switchgeaz at critical junction points on the new sections of the electric distribution system. The installation of the new system will be integrated with the Parks Department modifications on the Bike Trail south of Highway 82 and west of Castle Creek. It will also include the installation of the piping for the drain from the retention pond at the Water Plant. The installation of this equipment will enable the Aspen Municipal Electric System to directly feed the following City of Aspen loads: Water Plant, Aspen Recreation Center, Burlingame Affordable Housing, Streets Shop, and Aspen Municipal Golf Course. FINANCIALBUDGET IMPACTS: The cost of the transformers for this project is $64,185.00 (this amount including other elements of the "Express Feeder Circuit") will be paid back in an estimated 10.3 years as a result of savings incurred from lower use of facility chazges (wheeling, substation chazges, etc.) imposed by HCE for electric power wheeled over their circuits. This material will be used with other elements of the "Express Feeder Circuit" and is within the 2009 Amp budget for this project. It also will mean the City facilities will be served by the City of Aspen Electric which will mean lower electrical costs due to our electric rates being lower. It also will allow us the potential to serve other facilities that aze presently being served by HCE when our franchise agreement is over in 14 yeazs. ENVIRONMENTAL IMPACTS: The net reduction in carbon dioxide emissions will be 1125 tons/yeaz for the combined elements of the Express Feeder circuit due to the increase in renewable energy available to customers on the City municipal system. A direct compazison of C021evels is: 0.61bs co2/kwh for the City vs. 1.781bs co2/kwh for HCE. RECOMMENDED ACTION: We request the council approve the expenditure of $64,185.00 for the purchase of electric transformers to enable construction of the next phase of the Express Feeder project. ALTERNATIVES: The alternatives would be for the City's loads to continue being served by Holy Cross Electric Association, and to remain limited to one primary feeder serving the City Municipal Electric System. This alternative would also result in the continued production of elevated greenhouse gases as shown in the above `Environmental Impacts' pazagraph. PROPOSED MOTION: I move to approve Resolution # Page 2 of 3 CITY MANAGER ATTACHMENTS: A. Map E-I, City of Aspen Electrical Distribution Projects. B. Bid/Proposal ~a~ Page 3 of 3 RESOLUTION #(Q (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND BETZ TRANSFORMERS INC SETTING FORTH THE TERMS AND CONDITIONS REGARDING REBUILT PADMOUNT TRANSFORMERS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Betz Transformers Inc., a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Betz Transformers Inc. regarding rebuilt Padmount transformers a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held August 24, 2009. Kathryn S. Koch, City Clerk SUPPLY PROCUREMENT AGREEMENT THIS AGREEMENT, made and entered into, this day of August, 2009 between the City of Aspen, Colorado, herein after referred to as the "City" and BETZ TRANSFORMERS, INC. hereinafter referred to as the "Vendor". WITNESSETH, that whereas the City wishes to purchase rebuilt Padmount Transformers hereinafter called the UNIT(S) being more fully described and attached herewith as 'Exhibit A', in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Document and more specifically in Vendor's Bid for the sum of Sixty One Thousand One Hundred Eighty Five Dollars ($64,185.00). 2. Delivery. (FOB 500 DOOLITTLE LANE, ASPEN, CO) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8. Aoreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11. Certification Reaardina Debarment, Suspension. Ineligibility. and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of Citv. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16.Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Rearesentative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: By: City Manager ATTEST: City Clerk VENDOR: BETZ TRANSFORMERS, INC. By: Title EXHIBIT A Date: 8!22/2009 QUOTATION .Betz Transformers, Inc. P.O. Box 729 Olathe, CO 81425 1-800-245-8123 Fax(970j323-5179 SOLD TO: SHIP TO: Exponentlai Engineering Aspen, CO AtN: Devil Cox 328 Airpark Drive FL Collins, CO 80524 Phone: 970-207-9648 ExL 121 Fax: 970-207-9657 Cell: 970-217.8545 email: davWCBfiexoonendelenaineerlna.wm Date: 8/22!2009 QUOTATION Betz Transformers, Inc. P.O. Box 729 Olathe, CO 81425 1-500-245-8123 Fax (970)323-5179 SOLD TO: SHIP TO: Exponent~l Engineering Aspen, CO Attn: David Cox 328 Airpark Drive Ft Colfine, CQ 80524 Phone: 970.207-9&i8 Ext. 121 Fax: 970.207-9857 Cell: 870-217-0545 email: davidc(alexoonen0alenaineerina.com CUSTOMER ORDER NO: - ~ - ~~ ~ ;~ - ~ ., x~ / ~, ~ i D' ---- -- ~~ ~ ~ fi (} ~ ~ ; ., - _ _~ L __ ~` ~ ~ _~ ~~ a ~~ ,. ~~ ,, ~` ' _ // .~ ..c: ~\ `~~ ,i 1 /I Y r'K_ h T.~~ / ~~ r ~ / f y, / ./(„ ~ .ti Tl' ~r~-_~ ~ ~ ~~ 11n/ _ h w_ / rT~y ~^; \. t~~~ ._.~ wY / ~'h~ ..,1 ,,~ ~ ~~ i C_ __ ,; ° x ~ CITY OF ASPEN ' - - ~ L•Kponential nx wew w - m ~ ; Hngmccring _ ELECTRICAL DISTRIBUTION I - ~ Company . ;~ ~' ~~~ .~o~~~ PROJECTS '°"',o,~pb,~., ~, ~„ =Z Z ~~ ~Q » Q NO YIN f cz X o ua~~u°u W Wwwuuuuuw Sa00y~ Z ~S SSSSiii zxxn I zzzzzzzz~0°~YF Z Jjt(~Clt(OI~ WW U. 0464000LL¢>UI~i NOD Z IIIIIIIIIIIIIII 3 Q nnrnonooo~nnro ~ IIIIIIIIIIIIIII O WWWWWWWWW WWW WWW W N.a+cy Rd - .$ V I sl ~ Ynprs ~+ d~o~^` W d --~ ~ ~,n, crc~~,,,1 ^ 4' ~ ~ ~-1:/ ~ E (~ m~ ..aU fm~ ', `~.oe9 .!~; ~vA ~~ d- M. I ~ Z S -x° ; ~ F`'' W W W m~ J~ ~ r`~~a ^~ N ^~ A A R~ ~ j~~.. o Cn 0 ~ ~ ~ i~; ~: ~ ua ~ ~ ~ ~ i = L.L.. W U J ~-~- . ' ~ N W ~ ~ ~`' ~' . W 0D ; +a t, . ~ ~ w' 3 3 ~/ LJ JF A A O ~. 3 `J ~ -. ~ `,IY ~ t, :, ":~~ ..:... ~ ~~~ - ~ a.~, us ny, ~ -~ C2 .. `."Hl P" ~~ x ~~. ~ ~ ,N ,.,~k~.~u }m Y a ~ ~.a zs Y '£~ d F ~° '"a :; .y o-o _ ~°' •"~€ ~ __- - ) ) ) y- 5~a ~" u ~ ~ ~ ~~ ~~ e z __~; ~~~ , $ Ca ~ ~g k p __ (~j/~~/}) ~ s ~ _~r~~ T T i is ~/ [ _- ~ is ~~5 Fllu~ ~~{ 1~ 1Q °J~~ ..~~ ~ L B L _ `- ' ~~~ _- ~ - I m .~ ' o m m -a ~ ---~ ~, aI ~: ; - ~ ---- o~ ~ _ a a x, . ~ ~. __, ~, ~~ Y ~ I I ti ~ ~ e y T I ~ 014 ___,___a ______~~`i 66 i~ 15 s ~ ~ ~$ Rg ~ ~ 8 e~ ~~ m ~s fo ~~~ sm ~ cgs 3 °:t CITY OF ASPEN ~'ca eil ^ HAY s :°t ASPEN, CO m•:' ~ ' ~~ ~~~ _ FOREST SERVICE TO BURIINGAYE ,'~^ ~ ONE-LINE DIACRAY 2E ~ ~ b m A~ m^ ., NaII ~ ~~ ~ ~ __. ~eq~r p'G<~. i ~ •~~~~ „ 1 ~ i ~ ~~ __ ~ ~ -- i. ~: _. __ ... ~- ji ~ ~ _ ~, ~i ~~; ~ 1 , ~ r' ~~ ~ I ~- ~ I ~~ ~ J ~ ._ ~ _~~. ice' 1~~~ ~ ~ ~ i ~ / ~ ~ ".~ t~,~~ r -~ O n,~ ~gekrvC~ - EoEn sOE^ °: ~• F• ~~~ I~&L 9F 6~ `R y Y$ ~~3m R'B ^R€ ; 4 i ~ ~ R~ ~ ~~ ^ ~ 8a ~ m~ Bi; / i B m: N ._, s a aoPa:c~~ mK ~ $ h S~ a ~-o~E ~v $ x€ ~ ~m ~ s o-.......o F^ o~ ~~ / j E !~ Fj9 ~ ~ € ~ ~ „° ~ a ~ ~ 5 n \ `~\ j . I Q~~~<rv Brirup~v Ln'c ~.~lYn~ ~.. ~. ~ ~ _ ~` ~' ~ q~VP~~ea3o~ _ ~ 8 ~ ~ C ~ i ~~~~n.AnRr;o ~` 4 S f ~ S~~gP~ @P~"~ P ~ ~Id F 8 a ~ xg o € ;x ~ RzF ~ ~ ~~ P n ~ ti ~~~ Aft ~ + 5 ~~ ~ ~ ~_ }=a r; "^F aOE~ rw~W CITY OF ASPEN mq~P x~ is~ ~ FHB ASPEN. CO -- _.. N> ~g~ ~~I C~d. .,, FOREST SERVICE TO BURUNCAYE I I ~-^-- -_______ ~-~"° PUN VIEW ---- 1 I !, ! ~I ,i ,, ', ~1 1 ~ $a ~ ~~ ~~ ~ ~ E V -~-ZJ ~` m € a H ~- ~~# ~ u ~`C v. am _._~ _P'~V{I'~ ~/ ~~ -- ~~~/ ~ / / / / u~ / \ \ / / ~ / / ~ \ / ~\ // ~~ /~ i ` ~m/ I a / I ,I ~/ 1 ~~ ~ .~°~ i iii I m m :os & ~ 3 ~ ~ a" ~ y 7 ~ FNF I "u&BN ~ ;3 E S A B ~~ "a € era gg gg ? ~ II c~ P ~ ~ ~ ~ P ~ k ~ ?~~ ~ob <e ~=E P„ t / / :~~q~°~ Fn@n V,~,F ~A;,A nga,S 4: $~50 °x °~~m °~ F,~,m^ °~ v~ ~e"~ ~s R~~~ `>~ FF a FyFR =~ c~ ~ a- mS~F~y,. ~~~~ ~~ ~ __. CRY OF ASPEN m _ .a-. ___.. 6II-- R@ ASPEN, CO W° I. aC ~~I' C~Y ~, FOREST SERVICE TO BURLINCAYE _ -- _ PUN VIEW r r I ~':"~ „ / ~ I I I I I I I I I I ~° I 1 1 I aaaa ~=~e~° ~::: .R:R h uhys $p°$ : ov~ 9~ a~yn ~~ ~ S~ n ~mm ~ ~ i n< o~~s $~ >~~ agh ~~ ~~ ~ gx = y ~ ~ CITY OF ASPEN .m m mrd~ ~~ i~1 ~ ~°Q ASPEN CO 0`° ~~~ ~~~ L ~, FOREST SERVICE TO BURUNOAYE - .^.~ PLAN VIEW ~/ ~ ~ / / /~/ ~ i / ~ ~ ~ / ~ %~// ~/ ~' /~ ~ ~' i ' i ; i ~~ ~ i~ i~ i~ ~; ~~_ _~'=v~ -' ,' \ ,~ ~' ~~, A / ~ooo u°~H ~ en~'S 2: ~ °080 ° / .~ ~ <F 2~ / 'F„.,c / ~«q g: / "- ~ ~: Nye' ^~~z F3 / Fq. ~ m ~ aaaaaa -- i P~W~"~ i i ~°c~=ea ~ 7L i ' i i i . , pp __ r _ n , ~ ^ CITY OF ASPEN m .a m m 5 ~ " q' ~~ ASPEN. CO ut°I ~~~ ~~~ ~, FOREST SERVICE TO BURLJNGAME _ PLAN VIEW ---- I I / j i~ ~ % ~ ~ ' / / i / i j ~ , / / i / / / ~ % i i / i / , / ' / ; ~ ~ ~ P / i ~ i / / ~ ~ ~~~ - % / ~ V / m / ~ ~ / j / / / i % / / j / / / / / / / iv rvi^un w ~~ ~ / / / .~:u aaaa <asa^e„ ^^ti^ ~"~a29~~F j / / Y:7S O1l+N~ W ^aa$ Y / / / E ~6mti °aAa °x % / „aF s5 - ~ / o^~ / g<m~ ~N ;9 ~ ~Y - j / - .< / ^§Fg <„ / ^~a~ ~': / ~aFC / oR /~ ~~ 0 r- - ~ € ~ ~ U CITY OF ASPEN ~ 5 ~ ° ~' ee~"'8 ASPEN CO ~ ^ . - C" . LLL~~1 @ @ ^W°y a'~ g r °~° ' FOREST SERVICE TO BURUNOAYE ~ ~ ~ ~ „ _,~, KP^°~ V W PLAN IE ` ~_-=_ _ "~- _ _~ / ~ ~ - / / / / o % ~ ~ // / / ~ mtl €~~~~~ k.~r »C~N Aono v: sg ~<m` e~ -' ,< "~ ~; omF~ ~~ e=Q~ €_ ~~ e.,,S 7~8e ~ P+P~°~ CIT' OF ASPEN m~~® >>~__ _.. ' t ~^7 ~" ~ 6ogj0O0~- ASPEN, CO . _ . a Cooky VF p~~' I ~~~ ~ ~ FOREST SERVICE TO BURUNGAME -~-"_ _ _ @ '-~~°~ PUN VIEW .i ~ ~. i ~~~~ ~_' I ~ ~~ - ~ _ I i I ~ i ~I _____________________--~-____ I I ~ I I I I I I II k Q i I ~ I I I I II Y4 I I -----__ _ ~~~~ ~~"she"~ III wu.ym ~~~~ iu 4M~N ~+' ~Q+S ~~i ye `iP ~ < °''~' c ~ 9~Fo ~P Fs m;~2 m ~ VIII ~- ~ i ' 2. , y Fapooaeel CITY OF ASPEN m ~ i e 5~T ae ~j ^ w, I; ~~r -- ASPEN, CO ~° ~gL r~r °~,°",,.,~, FOREST SERVICE TO BURLINGAYE ~~+ I ~qf~ PUN VIEW a - ----fly I II '444~"'a F ^p~ ^g = 9<~ ~Y _ ~ p~ ~O~o o ~ ~ i ~~ P~my Qrv FF n< ~ pm ~~~o p ' m9$C P z G~ ~ ~ p ~E ~ ~ " EapmmW CITY OF ASPEN +a "~ " __ . _%~~ F q 3 s ~1 t ASPEN CO ~ C , I @ +O+ y P ~ ~ FOREST SERVICE TO BURLINGANE - ~ I ~ ~ I ~ "~""~- VIEW ' PUN a < ~~~ a~~ H ]q {/ •~$ _ IIII .~ ~ C D C r y a~ gg O Y'~ 0 ~ gFg ~ ~ k C u C R~ ¢L?L~ W ~k n ~nC F ~~R ~T ERA F a ~ ~ r ~"q ^' ~0 ~ =;=o~s tsar A<~m„ aas ~F~"o @ H92 , ~-~"A Q A~~~`~ gN~~g ~ 9.gF:5 c ^@ y m i;~ -~P ~ ~~' v a ~ ~ ~ . c ' $ ~P~^~ _.. CITY OF ASPEN w ~ra ao _ e "` mn pp 3, ~ ~ i g e e g 4 o .poew N I ~ G' ,~„o FOREST SERVICE TO DURLJNGAYE ~ ~ kw ~ l15 -_ - I I RI VAULT DIAGRA ~¢ 9 _I ~~= _ /~ m~ _________~~ 11 ~11 11 __~.~ - _ _ I1 -_ ~,...~ 11 ~!..- 11 1 1X ///, _ _ 11 e~ ~ ~ 1 ' I o \ f ~ \ - N ~ p i A ~ \ I ~ m I / \\ \\/ ~ ~ ~~ ~ Z £ ~ i I N £ I I ~~ o ~~ l I / .~ m $ p ~ ~' I(~ 0 f ~ A iu~®©®~ y i u ~ ~og~e~~~~F ~ ~ -hnoveog~ 7 4 "^nge°`° I B>,~° ~~ ~H 4 ~~~ P Q~ - ^ 2.Ponmu! CITY OF ASPEN W. •_ ... PI P d ~ 7"1 _. m aariw eo ~ : @ C~9 - - ASPEN, CO ~~~ ~~P pPa ~, FOREST SERVICE TO BURIJNGANE _ C-DOT PER11R DRAWING SOlOHd 3115 u..~~, I 3WV9 NIl21f18 Ol 301AM3S 153bOd ""' :,°ow~a /~ ~ s~l ~ ~~ i cV ' ~~~~ H N3dSV 00 9mua 8 ' ^ m u~ l 1 ~ g ~ ~ ~ ~ ~ b W N3dSV d0 A110 ~.gwuodx3 E . ~ s e .~,~ ~,„tl w . S o a $ ~~ ~ ~oo~ ~~~z W~~~+ yy ~ ~ W~ pppWQpu¢ ~QWQ~ ONW / ~Q~ 1~V F y i ~J=OSq~O~~C i ''' ~e~`~~ 0 0 ~ T ---~`p----~ :--~ -----~ yyyyyy(~~~~~ t ~ Irl . X. . ~ r : , * t 1 ~ _, ~ ~ ~ Y ~ _ ~ -`~,'x Y w ~ a.. ' k. da AfRR ~~ V f U u~]' ~ .y~ R^' f 1 J ti. _ ~.J ~ . ':.,s ~iP ~~~. ri~~ 1 ' Q a ~S'~~~A ~, ~ ~ ~ ~ ~ ~ ~' t er. ~~ ~ " ~ ti ~ k~Ry "ts '.. . I~ ~ S ' ; ! ~ ,~ 1 EI w ~ ^v ~+v,r ~ " rA '~~~ , k 0 + ' ' ~ ' , , , t.. 3 W ~ M r~ Z ~~~ ~ Y~ ~ ~. ~ I ~~ { In ~ : '~. ~~ ' '` 3 a.g~j~~ g 3i'p +' Y` ' Y ~ ~~ N ~ k ` ~ {4~. i 4 1 rr '. ~j ~ 1 y a .~ ~ ~" ,~ M + ~ ro i ': f. ~~~ 5 ~ N .; t ~:. ~ ~ r ~,# ~.:F' . Xr~zL Z Q ... ~ ~ 1~ 4 + ~Y"' ,p,,, F' ~P} t M ' ~ 9}}}}~~~~,,,, `t ` ~jt ~' ~ ~,~ ^,~ - I ~`~ ~. ~ ~1. yR ~ ~~ ~~y, ~ U O i [k '. , t i ~ ~ ~f + W. rr q~ ,, ,1 RR •r., ~ L R ~ ~ Lr ~ I "i ~ J av ~~ ~ O > ~; ~. , .,4 ,. N e ~;~,. ,~' a •, ~ .. }i I~T. 11 Y ~ ~i' ~ ~ ~ . _ ~ 1~ j ~'E'~ - - - SOlOHd 3115 ....swd« ~~~ ~~~ I I=~ w.~rtaw w 319VJNIlaf18 Ol 301AM35 153MOd '°'" «„.~'°w:e ~ a M 00 'N3dSV ~~~ - 8aur~m8v~ s 3 " ~ s ~ 4J , ,~ ;~ N3dSV ~0 ul0 lepmaodr~ ~ ~ ~ 6 ~ ~ ` ~ 8 g ~ ~ <" - b~ °~~ „,.'~ o~ ~WaN~~~"a~l~ a~~~°oW W~>~ ~aa~yy~o a~~°~~aoye'~ W~~ "-' J Y ,/C,",, ~y~ J! .~ III O Z ~ m 4 "'~'fK'a `1 Y U 2 1 ~ '~ x ~ ~ Q ' W W ,, ~ s ~ ~. :~t ~ , y ~ ~~a ~ ~ L i H F a ',-ice;! ~ r ~,' ~ Z Mr i?y+~ R ^~ ~ ~ Q .:~ s;~ w 1 i,a G t.. . '-~ ff tRt~. J~ ~ 1 f.7 N ¢ 1y. +4~~ £wR, x.i, F UI a4 ~` m ~ ~~ tr e ~, _ 's1 h O al ~ S~F~-I~'~ ~( ~~b ~ E W U ~1 ~w-._- ' ,, ',~ *' Z r~hk ~ fz 4 L' V O '- J a` 11"1 Y ~~'1~I.SI~. { ~ ,~~a~s~t. ~~ I w .r f a j ~.Y'/ W Z I O W ~~ `a ~ i v o O ~ 2 J ~ i M W M i~ ~ ~ ~ 10. P y '~ ~ ~ 3 i.i ~ .. {1, t JJJ ~ v4U ~!~,+~ k ~y a ~ .- 1~~~ + ~ ~ I W I~I ~ m 77yy>> P 1" ~~V' ~~ Y1~. ~ N tr, 3 .,...'N ~ yip N W 1 ~ U 3 1 k A4, -.- Q W t a~ 1'~ ,;~ Z a K + i5~~ Q Z i~? ~ a r,,i ` z a ~~! g ~'t a ~- ~ gyp; ~'~~ a W 1".~~.,. _ W '1'.,. c~ o ~ a Y ' ~ ~~ ~ _ i m ± il,; ~.' ~ 7 .~: i - .. __, ------------------------------------------- I ion , ~_ i y q c y ~ ~~ ` ~ E .. € ~ $ 6 R R y f g R < ~ g ° ° in St I c ~A~ C I.. ~ f ~ 6 • •~• ~ E x 6' N' iY' P 9' s T~ o P ~ X p ~ e r A ~ m €~°~n ~ ~ P Pg'Ft^¢~ •. o 99 I i ~ Y ~, ~ .~ A+ ~ ~ 9 A I L,.sr~ ~ r.rr ti ~9~ ~~ ~ A ~ # fF~m~R }[ M A ~~ ~• r' z N ~ 9 ~ ~~ 1 ~ ~ I' II ~i ~~ r~i g $ p S A ~---'~' ~r G.7 1 R v I~ ~ ty~~7 ~~1117_~_ ~~ ~ ~ e ~ V F ~:{; ~, qq Aq~°Q~Pgp ° ~ jZ 'I _ 11t~ m k^ _ A ~ 1 ~ ~ e 3 c L -.r L i ~ ~5~ I( m al s ~ ! Ifl ~ ~ ~ 'F a ti c ~ ~ + .; w I o < • . ~_.~_. ~ ~~ ~ (~( ~ o z in ~ ci ~ ~ n s ~, ^ t r} 4-F pp e a ~ ~ '^ ~ ~ ~il .I - IL~ ~ i~ ~5 I ~ > - ~ E~ 5 y I r:P N ~ f~~ f f;t n z i~ C1 A gg i ~ A . cc~'«~q" p ~ e~m~~~°~~~ Z i n _ VI CM^^svg p~ i ~{s pb$#ACa~on a i6~ mT9 $~s«~ z ~~„ ~~a" c rnt}i ~s9 ~~ CITY OF ASPEN ' I ! c ASPEN, CO ~q~~, FOREST SERVICE TO BURLINGAME DETAILS 8 CONSTRUCTION UNITS F _ i )1 'i! 1 , • l~ I 1 1 1 f 4 ( t f 1 11 51 SJf 11 , 1; ;i t5 ' r; :; 31 ?; +% %r ,r }r Pl ir , f. .j i; 5x yd lz e+ te : 5~ %i j~ ti ti f i `i jy (3 5i jj i3 ii i t i sP i 75 ~ 3 dt > at r r/ rr s sr rr r ir }r r rl r> _. AJ 3J f d P4 ntl v, it i " i . } } ,, ,, ,. ti „ ~ .. i t iJ 1: fl +t lP li / 1 P5 Ff lJ f I! i! Y} 5 Yf 55 t YY i5 5 (1 11 1! •! !5 1 f1 f9 ~f , of ~s F`: ., @z o a g~ oz i h c o o y i 4 o f// n a ~ r z ~I ~ ~ i y ~.., ~ a ~ ~.i S 7 -z~i ~~ z ii < c ~ y z s N c n ~ q m m I, ~ ~ I~'. : m c m ~ y v P ~ v u ~ n i ~ o ~ ~ $ of o^ < '~ ~ - :. ', ~ k ~ a ~ ~ SA i ^ § ~j i mx tm S v ~ ~' € C N v ^y £~ m ~~ m m~ n u rv -~ • •_w s,~~.. ~ n ! ~ag~ ~' II3F pov ~ £ :.; ?~O.Y i ~eF 7 S .~.\ 8 izx n ~~ ~qs ~ a e~ g~ ~ ~ 5 ; ~ °~m o ._ ^~ t "T E ~" &, a 'r"~ N m m ~i"~ l JY fiAVA H `- ~g;d APB ^a~ap i @;=~g $"~~ :., _ p $ ~ CITY OF ASPEN r'e" ___ ms~T k„ as m6 ASPEN, CO ~° i IpF Irg 11@`; ~°Y' FOREST SERVICE TO BURUNCAME Ut ~~I I P~ weww -.__ DETAILS h CONSFRUCTION UNITS VIG MEMORANDUM TO: FROM: THRU: DATE OF MEMO: MEETING DATE: Mayor and City Council John Hines, Renewable Energy Utility Manager Phil Overeynder, Public Works Director August 17, 2009 August 24, 3009 RE; The approval of the purchase of four electric pad-mount switchgear units from Western United Electric Supply Corporation the City's 25kV overall Express Feeder project. REQUEST OF COUNCIL: Our request for disbursement of allocated funds in the amount of $304,114.00 to Western United Supply Corporation for the purchase of (4) electric switchgear for the Express Feeder projects. The Express Feeder will provide a direct connection of several City-owned facilities (presently served directly by Holy Cross Energy) to the existing Aspen Municipal Electric system, as well as making provisions for connecting the proposed Castle Creek Energy Center. In addition to reducing energy costs for City facilities, the Express Feeder, when completed, will provide a more reliable source of electric power to the Aspen Municipal Electric System. When combined with the existing Puppy Smith 25kV Feeder, the Express Feeder will also reduce our reliance on facilities that are owned by Holy Ctoss Energy (HCE). BACKGROUND: Switching from HCE electric power facilities to municipal electric facilities has three main benefits. Greenhouse gas emissions attributable to energy use by City facilities will be substantially reduced. City facilities will also have direct access to lower cost and renewable energy sources. One other benefit to making this switch will, of course, be more flexibility in serving the City of Aspen's electrical needs. DISCUSSION: The present phase of the Express Feeder project encompasses the following: • Extension of the power and communication conduit/vault system that was installed with the Water Reuse Line and the Maroon Creek Bridge upgrade. The existing conduit system runs from the Burlingame Subdivision to the Aspen Municipal Golf Course facility near Cemetery Lane and Highway 82. The power and communication conduit/vault system will be extended as follows: o From the Golf Course east to the vicinity of the proposed Castle Creek Energy Center Page 1 of 3 o From the Golf Course south and west to intercept existing conduits running to the Aspen Recreation Center o From the vicinity of the new Castle Creek Energy Center to the Water Treatment Plant o From the vicinity of the proposed Castle Creek Energy Center to connect to the Aspen Municipal Electric System at 8th and Francis Street ^ Installation of 25kV power cable and fiber optic communication cable in the new and existing conduit/vault systems. ^ Installation and connection of electrical switchgeaz at critical junction points on the new sections of the electric distribution system. The installation of the new system will be integrated with the Pazks Department modifications on the Bike Trail south of Highway 82 and west of Castle Creek. It will also include the installation of the piping for the drain from the retention pond at the Water Plant. The installation of this equipment will enable the Aspen Municipal Electric System to directly feed the following City of Aspen loads: Water Plant, Aspen Recreation Center, Burlingame Affordable Housing, Streets Shop, and Aspen Municipal Golf Course. FINANCIALBUDGET IMPACTS: The cost of these switch geaz for this project is $304,114.00 (this amount including other elements of the "Express Feeder Circuit") will be paid back in an estimated 10.3 yeazs as a result of savings incurred from lower use of facility charges (wheeling, substation charges, etc.) imposed by HCE for electric power wheeled over their circuits. This material will be used with other elements of the "Express Feeder Circuit" and is within the 2009 Amp budget for this project. It also will mean the City facilities will be served by the City of Aspen Electric which will mean lower electrical costs due to our electric rates being lower. It also will allow us the potential to serve other facilities that are presently being served by HCE when our franchise agreement is over in 14 yeazs. ENVIRONMENTAL IMPACTS: The net reduction in cazbon dioxide emissions will be 1125 tons/yeaz for the combined elements of the Express Feeder circuit due to the increase in renewable energy available to customers on the City municipal system. A direct compazison of CO2levels is: 0.61bs cot/kwh for the City vs. 1.781bs co2/kwh for HCE. RECOMMENDED ACTION: We request the council approve the expenditure of $304,114.00 for the purchase of electric switchgeaz to enable construction of the next phase of the Express Feeder project. ALTERNATIVES: The alternatives would be for the City's loads to continue being served by Holy Cross Electric Association, and to remain limited to one primary feeder serving the City Municipal Electric System. This alternative would also result in the continued production of elevated greenhouse gases as shown in the above `Environmental Impacts' paragraph. PROPOSED MOTION: I move to approve Resolution # (O~ Page 2 of 3 CITY MANAGER ATTACHMENTS: A. Map E-1, City of Aspen Electrical Distribution Projects. B. ProposaUBid Page 3 of 3 RESOLUTION # ~j (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND WESTERN UNITED ELECTRIC SUPPLY SETTING FORTH THE TERMS AND CONDITIONS REGARDING ELECTRIC SWITCHGEARS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Western United Electric Supply, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Western United Electric Supply regarding electric switchgears a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held August 24, 2009. Kathryn S. Koch, City Clerk SUPPLY PROCUREMENT AGREEMENT THIS AGREEMENT, made and entered into, this day of August, 2009 between the City of Aspen, Colorado, herein after referred to as the "City" and Western United Electric Supply Corporation hereinafter referred to as the "Vendor". WITNESSETH, that whereas the City wishes to purchase underground switch gear hereinafter called the UNIT(S) being more fully described and attached herewith as 'Exhibit A', in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth agree as follows: Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Document and more specifically in Vendor's Bid for the sum of Three Hundred Four Thousand One Hundred Fourteen Dollars ($304,114.00). 2. Delive (FOB 500 DOOLITTLE LANE, ASPEN, CO) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. 5: Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 12. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attornev's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11. Certification Regarding Debarment Suspension Inelioibilitv and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16.Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Inteoration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18.Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: sy: City Manager ATTEST: City Clerk VENDOR: S & C ELECTRIC COMPANY By: Title EXHIBIT A ® SBtC ELECTRIC COMPANY Ezcsllsrtes Though Innovsaion Auberllon >ys~aa gMYJm eeot NeM tta4a BoWvard Cnkago. elYwM eoese>!~y • 'twPlans f~) 998-1000 Jatwery 29, 2p6S BevbelAprkd, 100d-aee trawl#J. IterbaBMq 37, J88d b isehk the s~48Jdea of (!J MLISC4DJfabrobSClDAi27U pa iRrfa ask. A4e b s~mtpete~os a@duw askt N Ltaiiedt 9oeMASCAD m aadl o b the eradog na amlg'aa kawt 1 ! J M>4~dartorraef apAosa ssl tl"lrsd/aa JGvitedJanaary J7, J889 wsplm pr7dAg, d ~a44' cf kas 1 a R)• klabs88tg14;18096v Gtdrods Yavbsa Ctmga Btiau Hwd Pawaon Comp®y S[7BJEG`t: City ofAapmSWitcbgar 29kV Viata farFulwn Autwmt[an 8&C Quoto#PMT-3775 Ber. 0 IkarBrlan, Thedt you for the oppottumty w toapoad w you roquaet far qudation. SdcC>OacsdcCo Se pleased w paeaed the followingquoWion for 68rC Mavtal Viala4lUodagraood [Nstn'butian SWitah~ gear, ~Y fp'tup7(e wwmatum. Its PartiVo.f Ndlkks6s. ] 1 38rCCatalogNo.934223P6F2L2R7f2Y4•S~arzblzmmlViNaUndu~ 67695.00 ground DiMribrturo SWItcbgeae, 29 kV, Model 422,1251U. Wim provi• raan forFuturcRemote Supecviwry Operation (OOLFI • F6 Pzd•Ma~cd3gdo,MUAStoei.Olive(kem • 77 ThreapoleFauAlatatuptisg(12SIC~ • F2 MotmtisgProvidonatarFauhlodiawr~ • 1.2 PotmtiallodiaflmWrthTeatFeahae • R2 lt.aoole Lav Prmwe Alain • Y4 Toinel0deinDatialVTforSmronea TaskWglbeirazeeaedby One Way, a~ ~ VohageHoclosue b naW "P6". • Sxxx tmlud'mg6"Hase3pear; Lu`dodafoac(4)tluarphescVSA'r for Culute vokege among, wbed w a junction box farpropa gram• ding; fieludralowYolageBaowameboltedw(beBighVoWgaBo- eloara; toladsde640sopbaYop~mgorotlmatwofadt ' IstetrapterWaya; To includeajunatiauiboxformotaopamorwira iMo the LVB (automa w latervriee MO'a vno t)k juactio06ox~ 2 1 S&CCaWogNo.935233-P6F2L2R2Ri1T3Y4~Sxac ManuelVi~Un- 87454.00 dtrgrotmd DiatBzdion SwikLgea , 29 kV, Model323,12.5 KA, Withpra vla~ttforPWursR®ots SBC tTatadae-Remote SnpaviwoayVia _ 9.'06 not slur[tzr3 (CCEC9 • P6 Pm-Mamt~a sq~la M;w sc«t, ou•~ a~ • T3 TLreaPalaFauttlutatapting(12,SKA) • F2 MomniagProviaknefaFanltLidieamr • L2 PotmdalhtdkatbnwhhTeetFeahue • R7 RemoteLmoPraeuteAlatm • R31 &sleradTripProvbioaahaddkbnmNaadard • Y4 ToiochdelntmmlVTforfutumwe • Sxulncludlo~B'HmeS~pecer;Ircludeeldtu(S)8ueaphawVSA'a for futuro whage amatng, evhed m a jmidionbmc Sorpropa grouo- diu~, FncludaLowVokaFeBoclowtaboWdOothtHiQhVohagal$- au~e; specwxr~aT~lplzevnc.rm~r«atr~~.u~; ro. terml Amt t:onNeb oa tke tkroe Egtlt teta~eaptor ways tpottleo and blades); m Inclade 600 amp MnYlep ao only ox (d} [anlt ia- tempterway; ToinclndaajtmcNonboae6ormomropemtorwirain- mthe LVB (cuetoma to testa wiro MO's into the joaetiaa box). 3 1 S&CCetalogNo.934313-P6FtL2RZ'f1Y4-S~ooc MaaalViataUada• 58897.00 grand I)latn'bmion btvilcbgaar, 29 kV, Madel 431,125ISA, with provi- aieoafor Futuro Ramae Supavlcay Operadon (FOREST SIItVIC~ • P6 Pad•Mamted 6tglq Mild Steel, OlivaOtern • Tl Tluao-Pok:Fauklctetn~iug(12SKA) • F2 MouolmgProvWomforFanhlndiata • L2 Potmtiellndiea8oawi8tTeatFesime • R2'RrmoteLowPremueAlum • Y4 ToineladebvamlVfferfdareme • S~ooc tookding6"13eoeSpaca; Iuoludmfour(4)1lavo-plmeVSA't fortiumewlteQeaeorit~p,witedtoajnuctioabmifaptopagrom. diu~ loeludaLowVoltagePneloemebokedmthell3ghVoltageFn- c1om~ To inckateajunaioobaxl6rna7taopaNarwiraimothe LVB (esamma m Iota wire M0'a ium the juouion box). 4 1 3&CCatabgNa935233•P6F2L7RZT3Y4-S~aac MamulVipaUoda- 66817.00 ground I>iaMbutiw S~ri6dy{ar, 29 kV, Model 523, l25 KA, mithprovi- dom taFoQne Remote Supavlwry Opaatiou (WATIdtPLANT) • P6 Pad-MOtmted Style, MiM Steel, Olive (Imes • T3 Threo-PoleFaukltltaraptiog(12.SKA) • F2 MoaodngPmvWoml6rFaultlodieamr • L2 Poteffiial L~atim withTeet Pasture • R2 RamotelaePranneAlarm • Y4 To iaohafelotemalVTfotiWmeuae • S~aa iadtdtng 6" Heee 3peaer, bulodae four (5) three~pbate VSA'e for faNm wltage wired m a jum#ion box forptopa griwm- Low Vo ldnclotum 6oked to the Yo 13n- BkCQiataBoa-RamobSupavlcayVbh 9:O6AM 3/!04009 closre; to inelude 600 amp bushings on only one (1) fault ioterrap• ter way; To include a junction box for tnotor operator woes into the LVE (a~atomer to later wino MO's brio the junction box). S 2 S&C Catalog No. TA-2367 Overcutroat Control Adapter Cablo fm twn- netting co~rol to user famished PC having 9-pin serial communication rt forPC's ha ' 25- ' serial Comm n TA-2 1 O t . 00 6 2 S&C Catalog No. TA-2369 Overcttnrent Control Adapter Cable for coa- mcdng control (removod from its enclosure) to Weer furnished PC in the shop having 9-pin serial commtmication port (for PC's having 25-pin aerial ~ n TA-2368 7 0 i . 00 • 7 2 S&C Catalog No. TA-3153 USB Cable kit fot Connection to a PC and the Vista thercturent Control 225.00 8 2 3&C Catal No. 9931-704 PeMahead Sookot for ~"drive 34.00 9 1+ S.@CCetalogNo.QCUA-xxacxVistaMotorOpaatorKitAssembly (in- eludes motor operator, cable assembly, and nxassary hardware). 2790-r0 R ~~ ~ ~ _ - - ,' F ~~ _ ~ J _}- a o n ~_ ~° ~~ ~^ J __ ~ ~ _ --- _~ I~ ~~, _ r ~ .,, ~ ~, ,t . ~ ~,. `~ = t: ~f f !r - ~ ~ ~ r `~ ~ ~ ~, ~ ~_.I ~~ :,~ ~a ~r ~~ - , f~ ? I~_ r ~ ~. ~; ~\ ~, Qn _~ ~~ _~ ~~ _ .. r r., ~~ ~ l - r` ~` ~ r;~ A_I ~ `* ~~ ~--f~ ~` " m r , ~,~ ~ (~ ~,7I / ~~I '~,~ ~~ 1 1. ~ ~~ ` ~~ r' t r y f I t f f ~r,~~~_ .~ 1 1. q~ (~ ~~~' ' ~ ~ ~~ I ~ _ _._ ago°~n'9:° _ g ~ o s CITY OF ASPEN ~ Lxponemial w f R M r,.i ~e P • ~ n E~ Gngincering ELECTRICAL OISTRIBlJTION o [ ~' a.~~.. PROJECTS I ~ ~ ~ Company arm ::"~,o. r,.~,„ .~ 'D ~ _~~ Y~iy lp 3 A y ~ ~ N ~gSe ~ ~ n o ~~a~'~ ~. __ ~ -~~ ~ ~= ~ ,'o ~~~' ~ - ; : ~ ,2 ~ ~ all,awb~ r~ ~° ~o. s ~~~ 5 ~I a.~.~ ~A~, a-0 '~ ~~ ~~_ ~~a17°~ ~ ~ ~ ~~~ ~A ~; :~~.0~: _.= i sd ; , -- . ~ I nnmm~nmm~nmm A iii ~~l llilll111 u>uu-on~aouau N- D I II111111111111 Z mmarp<9a~Vf199p mr~o~s»i>SSi~ _ ii o zzzzzzzzl mwii'~c5554i55`- Z ooa~Fff EE EEEm I'1 RROOZn nnbbgn ~ X i~ i bb Ob ~~ ~ C nn ~ go 0 z zz Hy NY "T1 Z7 m m ~ r ~ ~~~~C7 CDZC~ OzomO ~~op~ D ODOCZ O ~ Z Z D m ~a '~ ._ Y h f >`~ ^I v ,w xcwi n ^~ r tw ~cu¢ µ ~F~ .1 A. S~j: _Y m 5S c a ~ _ .a F F .~i.. 6. ..~.~ d o ~ ~~ N a ~ z !] v.o .. =s a -- ^~~_~ - _ / ~ f~ 1 M YM[uM __ ) ~) 1 )~YF 0 '£ ~~ Y 4? ' :a o q:„ ~. z _ ^ A <~~ ~ F ~ ~ ~ n 4 4 \ ~ 4 i ~i i 6 _. a 'Wi'n ~~ ~ ° 8 ~~ ~ aka W ~ .. _ i» _r~, - - ~~^ aui° I~ 1 1 ° ,; l J _ ~ i e FL_~ e ~ _A p~ F c nl;t p$ _„ ~ o° F~ r, s ~3 i F¢ -. i ~~' _._ - _._ I i ~ ~ -o ~ o. - T4 J ' ' aI I -, 1 ,~ r ,. o~ ~ o __. ,~ -0 e -- ~~_, _ ;: 'g ~ u r ~ __ i o i ~ I4 ____ __ _1, ,) ~ ~ ~ j 55B ' ~ ~~ °~R Npz $ B 8 ~b A ~ ~ $A ~~~ ~~~ g~ 9 ~ : ~ ? i = f Etpoemcd CITY OF ASPEN ^ m i • gggEE ° i @@ ~ s°i100°~ ASPEN, CO ~' @h ~~r ~ `~ FOREST SERVICE TO BURLINGAME ^••^~~ ONE-LINE DIAGRAM ~m____ 4 _ ~3 ~ ~a i ~ R ~ a ~~ 8 RB ~~ ~~ ~a R ~~ ~ E~ ~ ~ $$77 nannn: M.ryn ~~ o °°:a ~~ ~~a~2 ~Z ~~ ~~ F o 2~ m~~~ S° a ~ p 1 ~~~ rv ~ vv1`~, ~ I ~` ~ 1 ~~I ~ ~ `T"`)<4y~ !i ~ l ~;; ~ ~ ~ ~~ ,~' ~ ~ ~ _--~ :~y_ e ) , ;, J i ;, ~ ~ , „~~m _ .\ / oy ~~, ,. ~~ ~ .` Y O ~.`. ~ --:~:., ti~ c ° 3 _ ¢ ^e44N~B~ >.; W~ ~~ ~ N @ _ ..~~ ~~~ ~ ~ 7 4 ° E a ~ o~,~„d~R»~ R w ~ Aim ~ n E ~ A ~Aam R mg ~B ? ~ ~vo ~ ~~ F s a a ~ Sg €i€m w R ~~ ! / w o R ~ ~ ` 9 °fr: ~'~a~ d ~ CITY OF ASPEN w mn °` s ~ mt e ~ C ASPEN, CO _ ---~ _. No p ampoT _._._ _.__ ~~ ~ ~ ~I' ~~~ FOREST SERVICE TO BURUNGAME _ _ _ a PL1N VIEW - 1 -' i 1 ^> e~ ~, ~- ~ ~~~\ _ ~ ~ -~ i ~ `- ~ % /' I II _____ I I II ~ pe©B®~ ~ D Ili CJ -s::" ~~~I<~a-~~~ '"g ~~N Ntlpa~ .op II c~ ~ ~ ~ ~ ~ ~ ~ ~ ~~p ~g2 ~~ F~~4~a~ r @a ^F ^F~~ =n pag" ~y °o~o eb o„ ~ ~A <mn ~~, ., < $o~d 4^> ~~.~ ,'~^ >Pa~~ o£ ~ ~_ _ IIF w, mY T `4 ~ ~ ~ x ~ ~~ ~~~ I I CITY Of ASPEN _.. I : ~ ~r - ASPEN, CO - ~- w° ~~~ ~~~ ~ ~~, FOREST SERVICE TO BURLINGAYE PUN VIEW ~ -_ - a~ I I I I I I // I I I I I ~m ~~ w ti ammm ~§$@~„& ~:°" >gfi AF &MRe Rp 9 ~~ ~^~~y^ g~ gmmm E9 :a~~ q~ P~oF `- ~yF~ ^ o~ U~ ~ mpt~~~V~ t~~3 ~~ CITY O( ASPEN _.a s__ I . R ASPEN, CO 'P° ~~E (~F ~~, FOREST SERR UCN V~BURIJNGAME _ / / / / ~~ / / / ~ i /~ ~ ~ ~ ~ / / 9A / // ~ % ~ % ~ i ~' ~' ~ ~ ~ i ~ ~~ "~ ~ ~~~\~ / , ~ ___~~ \~\ ~~ j ~ \ / `~ % ~ ~ / \~ / i -~ ~, ~ ~~ -~~~ ~ / ~ ~ ~,\\ ~ / \\ 3 /// /~_\ ~~ ~~ 9~~ ~~~n ~~ ~~~~ $g$o ~~ ~ `-- kegi 4~ ~ ~ ~p~: gy i - / ` °~5~ <m ~ ~_~v=~~ Sg4A >zs / "00700 '~` ^_ ~~ &~1:7='~ l r e mgt#gp,. ~ i ~~ CITY OF ASPEN m I? COY ASPEN, CO ~o`r..o. FOREST SERVICE TO BURl1NGAME _-~~~~ -- PUN VIEW _ ~- / / / / / i // % i / / / / / / / % ~/ / % ~/ // C"~ ~ / I ___ % / / ~ / / / / / / // / ~/ ~/ ~ N rrr~ ~ g ~mN v / i ~~ ; CNN ~ F~"o Ya :» ~F / ~/ ~/ T xmmA $o~~ # °x / >9 N 4~`F ~`< 4"> ~/ Rpe <F €: ~ fagA ~ "a -- ~ _€ ~~ ~- • „F ~ r9. ~ 9 ~ ~J CITY OF ASPEN m ?- m ;3 .1 y. ~i { ASPEN, CO I . m' 5551. rr ¢¢¢RR ^ ~l ~ffi ~ ~ ~ ~A FOREST SERVICE TO BURLINCAME ~ ~ PUN VIEW /~~ %% i -= __ __ --- -- ----fl'~ ~~ - < 88^e=„ - °$yH ~Y go_o a~ 03 ~~m v9 _~H~ ~~ $> o~Fo ~m 9F ~1 ~z ~~ n~ ~ s_ / ~}}' i i i i i i i i i e i ~' ~a .a mi~~•'z ~~ £~~I CRY OF ASPEN __ Jf.~Jj" ASPEN, CO ---~-"- I:k~ f~~ ::°"r. ®, FOREST SERVICE TO BURLINGAME __ ~-- -~ FI I I~M~Y 1O"°~ PLAN VIEW ....o <~~~mw= ooamkl ~4~gJ.95F =~ $py. ~. ~n~u 9.- aA 4P.,F 4~ FAr~ 2~ -- .,< a":: ~P 9~zi p~~~ m ~ _ o'g c ~ ~ 5 ~ € ~ "r ~ ~' I I a I ~ E`P0°~ CITY OF ASPEN rP eo w _ m i' ~ e ~ ^ C~ ASPEN. CO __ __ ~° ~& ~u~.o`....w FOREST SERVICE TO BURLINCAME ~~~ ~~I "'^°~ PLAN VIEW ._.____- P C - u~ I li wu~ u rv 'o oo qq i44 Q'm+~'p f ° v T.S ~y =" ~P ~~N~ SU` ~R'~9 ~: =S= 'x - °~ PAR= g~ -- „< o~«~ ~m ~n5o ~: =gA c ti ..i ~,~ (~ • ~ ?. ~ 4 ~~6 CITY OF ASPEN m .a ® - ASPEN CO I ~ ~' _ _ @F ^ Cmpmy ""'0" , r FOREST SERVICE TO BURLINGAME RR PL1N VIEW ~~ i > ~3a C C RAR pp u ~ ~ 4:~ P S J'R -III a+~ R s c ~ ti ~S y ~ m A '~ Y~ b^ U D C C R'R N CS w R f~~~ ~~nQ < < p~ C G ~ y qQ R m v €s ~ ~ €p~ 69~ €F"g~Amd 0 ~<4 R~g , 6R~~~ 8 9: 9i _ ~ Q g c ~ ~_ ~ oomoil - m ~; ? ~ ~ ~ 6 ~ 4 CITY OF ASPEN ro isxa ra ___... o _._.. .. . N ' ~ 0 ~~ ~ ~ ~,. FOREST SERVICE TO BURLINGAYE C ~ _ P VAULT DUGRANS 2g a i _ may. n ~i ~. ~ , , %~ _ 1 .; %~ - / 11 1 - =- ---- ~ 11 111 11 11 a t1 11 y _.. - 20 AN1 111 11 11 ~~ 11 1 IL /i. 11,-1~_ ~^ - 'Ja''f'1 sq ~ / j1 ~'~. `i ~ ~ 1 C~ o ~ o \ y D m 'I ~ \ ~. ~\ ~~ ry n g m Z o ° 's ~ ~' _ l /// K < I / v ~ ~ / mo VR _ _ ~~ m ~ _ ~ A O < - f ~ ~~ 1 ®8®~ u rv SeF~=KB=m ~ ~ ~ ~ ~E$e„oAgi9 E _ ~ ~ 6S: _._ ~ k7 ~' E ~ #~9As'~'~u ~~ ~ ~;e""mAm ~P g,a•~ CC ~ ~ m;~€gy"~ ~ a ® ~~~ CITY OF ASPEN m~mc.ws _ +a g eapoed0~ ASPEN, CO ~~M f ~P ~ ~ ®, FOREST SERVICE TO BURLINGAME C-DOT PERNR DRAWING 3 w 4 W K Q H Z W 2 U Q r F- a LJ C7 _0 LY m C J W O Z 2 - m o a Z U Q U U Z N ~ W W U W > ~ 3 W Z O Q V O 3lvvoNnane of aolna3s ls3ao~ 0~ 'N3dStl N3dStl jo Ally N U N LY Q W Z G lY r `z J a W 3 O a r N 3 W t W LY 6 H Z W 3 U ____________________i_________________, __ _ mo iif I ~~~ > ~ ~dr r ~ E F a ~~~ ~ ~ n ' ~ Z A ~ ~ ~ i ~ ~ ~ N AF EE ;i. y£ €R€ m .9 S~ n rj 3 - y o e o x tr < e . m n ~ .E ti # R _' '~ o ~ 6 N• 2S' P 9' N X t ~ ~ ,'{ D v ~mvi c EOU i f x F i e ? ~~m4 i o ; + i r.l 3 ~~ ~~ ~ ~ ~ @ ~zr~s ~ ~ 9 .1.. ~ ~ ~rF tl~._ j~~ jttj N G ~ fF ~ N 9~II {{3(((( A' n ~ ~ 3a V ~•~ ~ I ~ (t ~~ o ~ ~ < d °L ! i yy ~ 1~ r ~ ~ < ~:LJ ,A,e IA 1 4 Z i y ~ m • ,I I~ j ~t i A ., e s - -_. } ~,~ m~;,° ~ m ~~~ ~ _< A i~smotl~~ ig £qn..~h ~4m ~ m E ~ ~~ ~~ ~ 3i ~ ~a. n m I '~ ` ~ ~ -- ~ t, DZ 51® I. 1 Ey ~ ~ Sf ~ i'1 1 O O a _- ~ ~ < +!I _ f 1 I'~ f ~ tlj n P x n A 5t p ~ CA~ }~~e ~igR +;.. FA 8Y- F N j R~~C ~m~ 2 3 ~ ^~ ~ i N a d f,~ ~~~~~~~~~n R~ U~~AC'S.gi <.5.n4o~fi' c ~ u "` CITY OF ASPEN m ; - i ~' 3 ~ ,se- - I 7 a ea ~r ASPEN. CO _ ___-._ __ A'r tinri FOREST SERVICE 70 BURIJNGANE __ "^~'° DETAILS k CONSTRUCTION UNITS r t ,~ ' /~ :~ ,1( x ei /5 .5 )i Ei ). .a ' '% {{ ~ t 5 1S Si /{ {) SS 11 /+ a ]) ~ • I] } • i) }} r / )~ e. i i ~< ~i E ` f 1 7 C !~ } it /d Ce 6} 19 f` IY !A ~e ' F€ n= n a '~ o~ o za i ~ ~ rte-. ~ Y ~' / o g i i ~~~ / m >_ i ~ ~ 1 - ~ Pe• o[rm r O j ? ~ 1 y C `/`/ ~ i ~ c i s '. ~ N s III', m ~ ,1 ~ m C v N 4 v - c /J 2 y u °. u °m Nw ^ 5 $ o~ ~^ < / / ~ o O I I k k ~ a $ °~ F' b~ 3,~ ~ i~ J p p N y '~ i ^ i - S 1 A $: U o " k n `~~ 4 K ,3,. m m~ F (^ C~~ s ¢3Mi ~ ~ "€ ~ - R arc -- - _ ~ >`g S m ~ ~g~~q ~f - GIs- ~ _. I~~ s n 7~'~ ~ Y~ Nom vl o ~~$j`~ ~ee ps ~ ~ 3 •y ? ~ gN o s ~ m 7 a n £ P-~ ^^Ji9 B d Laj #C3 g g\~ ~ SSA I ~^ gg 3 S (( pqpq 1 c ~ g EF ~ € C~ ~ N i <~S cy as ~ - ~~ C 5 ~~ C ^ R - ..U t ~ y d m o ~ - I A~^. Y ~i l^~A~ nQnp~ _..~ js~g ~°~~g ~ ' n ; ~ $ ^ esvmmmi. CITY OF ASPEN ...____ m s s a 4- sp@ ~"'?~ ASPEN. CO ____ V•° ~~~ ~~r Ji"J1 ~^ ~ FOREST SERVICE TO BURLINGAME _ __ --- DETAILS 3 CONSTRUCTION UNITS VI d MEMORANDUM TO: FROM: THRU: DATE OF MEMO: MEETING DATE: Mayor and City Council John Hines, Utility Engineer Phil Overeynder, Public Works Director August 17, 2009 August 24, 2009 RE; The approval of the purchase of 80,575 feet of 25kV underground primary cable from Western United Electric Supply for the City's 25kV overall Express Feeder project. REQUEST OF COUNCIL: Our request for disbursement of allocated funds in the amount of $467,179.00 for the purchase of 80,575 feet of primary electric cable from Western United Electric Supply Corporation for the Express Feeder projects. The Express Feeder will provide a direct connection of several City-owned facilities (presently served directly by Holy Cross Energy) to the existing Aspen Municipal Electric system, as well as making provisions for connecting the proposed Castle Creek Energy Center. In addition to reducing energy costs for City facilities, the Express Feeder, when completed, will provide a more reliable source of electric power to the Aspen Municipal Electric System. When combined with the existing Puppy Smith 25kV Feeder, the Express Feeder will also reduce our reliance on facilities that are owned by Holy Cross Energy (HCE). BACKGROUND: Switching from HCE electric power facilities to municipal electric facilities has three main benefits. Greenhouse gas emissions attributable to energy use by City facilities will be substantially reduced. City facilities will also have direct access to lower cost and renewable energy sources. One other benefit to making this switch will, of course, be more flexibility in serving the City of Aspen's electrical needs. DISCUSSION: The present phase of the Express Feeder project encompasses the following: ^ Extension of the power and communication conduit/vault system that was installed with the Water Reuse Line and the Mazoon Creek Bridge upgrade. The existing conduit system runs from the Burlingame Subdivision to the Aspen Municipal Golf Course facility near Cemetery Lane and Highway 82. The power and communication conduit/vault system will be extended as follows: o From the Golf Course east to the vicinity of the proposed Castle Creek Energy Center Page 1 of 3 o From the Golf Course south and west to intercept existing conduits running to the Aspen Recreation Center o From the vicinity of the new Castle Creek Energy Center to the Water Treatment Plant o From the vicinity of the proposed Castle Creek Energy Center to connect to the Aspen Municipal Electric System at 8th and Francis Street ^ Installation of 25kV power cable and fiber optic communication cable in the new and existing conduitJvault systems. ^ Installation and connection of electrical switchgeaz at critical junction points on the new sections of the electric distribution system. The installation of the new system will be integrated with the Pazks Department modifications on the Bike Trail south of Highway 82 and west of Castle Creek. It will also include the installation of the piping for the drain from the retention pond at the Water Plant. The installation of this equipment will enable the Aspen Municipal Electric System to directly feed the following City of Aspen loads: Water Plant, Aspen Recreation Center, Burlingame Affordable Housing, Streets Shop, and Aspen Municipal Golf Course. FINANCIAL/BUDGET IMPACTS: The cost of the cable for this project is $467,185.00 (this includes other elements of the "Express Feeder Circuit") will be paid back in an estimated 10.3 years as a result of savings incurred from lower use of facility charges (wheeling, substation charges, etc.) imposed by HCE for electric power wheeled over their circuits. This material will be used with other elements of the "Express Feeder Circuit" and is within the 2009 Amp budget for this project. It also will mean the City facilities will be served by the City of Aspen Electric which will mean lower electrical costs due to our electric rates being lower. It also will allow us the potential to serve other facilities that aze presently being served by HCE when our franchise agreement is over in 14 years. ENVIRONMENTAL IMPACTS: The net reduction in cazbon dioxide emissions will be 1125 tons/year for the combined elements of the Express Feeder circuit due to the increase in renewable energy available to customers on the City municipal system. A direct comparison of C021evels is: 0.61bs co2/kwh for the City vs. 1.78 lbs co2/kwh for HCE. RECOMMENDED ACTION: We request the council approve the expenditure of $467,185.00 for the purchase of primary electric cable to enable construction of the next phase of the Express Feeder project. ALTERNATIVES: The alternatives would be for the City's loads to continue being served by Holy Cross Electric Association, and to remain limited to one primary feeder serving the City Municipal Electric System. This alternative would also result in the continued production of elevated greenhouse gases as shown in the above `Environmental Impacts' pazagraph. PROPOSED MOTION: I move to approve Resolution #~~ Page 2 of 3 ATTACHMENTS: A. Map E-1, City of Aspen Electrical Distribution Projects. B. Bid/Proposal Page 3 of 3 RESOLUTION # ~~ (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND WESTERN UNITED ELECTRIC SUPPLY CORPORATION SETTING FORTH THE TERMS AND CONDITIONS REGARDING OKONITE PRIMARY CABLE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Western United Electric Supply Corp., a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Western United Electric Supply Corp. regarding Okonite primary cable a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held August 24, 2009. Kathryn S. Koch, City Clerk SUPPLY PROCUREMENT AGREEMENT THIS AGREEMENT, made and entered into, this day of August, 2009 between the City of Aspen, Colorado, herein after referred to as the "City" and Western United Electric Supply Corporation hereinafter referred to as the "Vendor". WITNESSETH, that whereas the City wishes to purchase Okonite primary cable for the Express Feeder hereinafter called the UNIT(S) being more fully described and attached herewith as 'Exhibit A', in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Document and more specifically in Vendor's Bid for the sum of Four Hundred Sixty Seven Thousand One Hundred Seventy Nine Dollars ($467,179.00). 2. Delivery. (FOB 500 DOOLITTLE LANE, ASPEN, CO) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transferor sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be pertormed, kept and observed by the other party. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11.Certification Regardino Debarment Suspension. Ineligibility and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Aoainst Continoent Fees, Gratuities. Kickbacks and Conflicts of Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel-this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13.Termination for Default or for Convenience of Citv. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16.Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18.Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: By: City Manager ATTEST: City Clerk VENDOR: WESTERN UNITED ELECTRIC SUPPLY CORP. By: Title EXHIBIT A 1. 750 MCM Okonite URO-J 1/C 61X ALUM. Filledstrand-ss-260 Okoguard EPR-055 SCEPR-1/3 Neutral Copp@r Concentric wire- 0800kolene PE WB Red Stripes-SEQ Print (Okonite #160-23-4046) 2500' reels=60,000 feet (Product data: Section 2: Sheet 38) $295,742.00 13 weeks 2. 500 MCM Okonite URO-J 1/C 37X ALUM. Filled strand-ss-260 Okoguard EPR-055 SC EPR-1/3 Neutral Copper Concentricwire- 0800kolene PE W/E Red Stripes-SEQ Print (Okonite #160-23-4.043) 2500' reels =42,000 feet (Product data: Section 2: Sheet 38) $152,418.00 13 weeks 1/0 Okonite URO-J 1/C 19X ALUM. Filled strand-ss-260 Okoguard EPR-055 SC EPR-Full Neutral Copper Concentricwire-080Okolene PE W/E Red Stripes-SEQ Print (Okonite #161-23-4022) 2500' reels =9000 feet (Product data: Section 2: Sheet 38) $19,019.00 8 weeks ~Rgg ,. ~'a$ 5 ty 1 ~ ~ -~- l- ~ i .' .. - - ~~ °~'J jJ' ji ~ o~ i/ ~ So~ ~" +I t r / i `~` r S a ; '` J~ .. r f 9 1// i A ', ' ~ f~ -. ~ 4 ~1- `~ i -- -'C"J I .- Y` / __ ._. / •_ R.,; _ .-- .. F, - i~ r- {~_, -,~ ~ r ~~;?r_, I ,~ ~ ~-~ r ~.-~ ~ ,, _ f,- ~~, ,' s -t- i r~' _j~., ~ ; ~ _ ~ a -, _~ ~. ~f ~~yF. y- r Y r t , ~ ~ i ~ ;. ~~~ ~~ ~~~~~ ' €a ~~ jx__ ~y ~_ ,tr~~~ ~.~ ~ - ~~ .. _ ~' A A O~ e 4f ^ O ° - - Exponcmial CITY OF ASPEN °' m ~ ? ' ° o ~ engineering ELECTRICAL DISTRIBUTION xu I o ~ Cmnpany _ _ ~~~ `._ ~.~ __ PROJECTS ~: __ o~ -~ ~ ~ ~ >; c a ~ ~o ~n < <_ o0 X c ueo$uu W WW WYUW WWW~GOO~~ Z =SSS>SSSSOt,SINN ~z zzzzzz~onai2 cztc«<aa ~u~F.-I- 2J~~~~~~~<I Oa aaaal6a>UY~1n00 Z VIII IIII II IIII 3 a .ao,.ooo_n.,.° ~ ~I ~IIIIIIIIIIII Q WWWWWWWWWWWWWWW 1 -- .. ~ ~ w+a+o,.a Rq __ .ogi - rN,,~e'~ g Y '.1 _ ) Mgryiy `l7~ ~'~, '4>Bidl R' i v N~l4 ~~ , ~+ ~~ W _ ° ~. ,fie t2. ,Q. r3 ~: cr Ucn.MxlM7 ~ W~~ Q $ I K V r n pF ~i Yam ~! V ~afie4 IZ .n ,~ a S ~ 6. W W Z n CanalaVt AA1~ ~ Ua~y ~`' r p ~ 3 Z~ Q Ica u. ~ y A A m P m cl O J UJ O ~ ~ Q I-- a W~I~ ~~7~~. _ p ~ ~ byp.4~ ~~~ I.I. ____ OVUQw '~;`~ a~T~ N Z F-+-~1 ~>w~~ A a Q W Q v ~ `° ~. U) J W W L1J ~ ~ ~ ~ (1~ ~ W ' 3 3 ~ 3 ~: o ~~~ `~'~, 3 Q ~ I ~ .. J c cd o ~.,~~~ o ~ ~ ~ ~ ~ , ~~ \Y nl L~ _$Ia'w ka lY mod... _ •~ ~~ c6 ~a - oa~'~ _ rte: ~. S ' p.,s=«` r~ KI ~.. s . /IYtl0Y10 3NIl-3N0 s~ ~~~ ~~ ' 31'IYONf1Nf19 Ol 301Nl35 153tl0! r ~O«' 00 'N3d5Y A¢ooglrj ~ i ~ ~ ; ~ W r .. .... N3dSY !0 .W3 ~°00~ e ~ a ~:'~,'e t S ~~ ~ ~ N~ ~g £ 3 ko ~ ~ C g~ 8 a 4 W S o' ~,~ ~~ ~~sW~ ~~a ~5n ~ ~ ~ _ 9 Z ~$ ., g TaN ° .. ~ ° p5 ~I ~ 1 ~ I '~I a ~ z sL ~ ______ ______ ~ a - V~ I 1 m ~ \ _i ~f O. I ° .. __. L 1 ., -__ ; m°s ~° m«~ - _ s a r „ r ^ ~ ii --- ~ ~ I _ I° ;: ~: f v s ~^ ~ ~u L ~ _ -. _.. 4~ I -. i r a x -~ s .,; ~ ; ,f ~` r ,i ova T l vl4 .. ... ~ JroL~ ~~ ~Tull° g~~ ~ L - III i _ ~. 0 a~ $ x ,p r ,e ° ~ sa ~ '~ ~ -- s---- ~ j wv J :: a ~ ~ ~ - --a __ - ~s ~~a __ _ e~ o ( (~ ( ~~a ,w- -~ a$ e __ oI- L_. ~} ~. m ~ ~ __ ~~ G N- vwrvv - g.. .....! p rj' ate-, ~v __. - ~~ 9 { A ~ _ ~ M31A N1'ld ..ter., ~ ~~~ ~~~ sYY ~~ _- aNV~Nnane of aauaas u-~ao! ^'°~ _- _. - 09 'N3dSV a ; :gym ~~. °1°' 00. N3dSV l0 All0 ~a.~ Ff~: ;=',~~~ ~_ ~.~ :>. W$;~~-~,W=w ~ it ~ ~ " ~ ~~bI3 ~ ~~~~ ~~~ a ~ _ a~~'ti~~~s_a~3 ~ ®©©©O i II I /~ a ~' a° r- WE // / // / /~ ~ ~~ each Y~ ~0 3 es a.,.,~~.,~~„ ~c° 5 4o e '_ _ I / ~s s ;~ spy` ~` ~~ n o~ ~' / ~ ~ S a~6 w E / ~~ $'W A~ i~ iF ..~.° ~~~ ~~~ m~ ~~~ F „oWEWCo~~W: ., . \. o oooaroa~. ~ y ~ ~ ~ 9 4 0 ®© ° ^WWwwWoW°°cW l (~` ~ ~ / i/ ~ i ~, r ~~~i l / I --' ~ ..~ I '~ ) ~ ~ ._ ~~ ~ ~ ~~., i~ ~~ ~ i. \\\\\\\\ ~ II \\b3<~'~ \ _ ~ II ' ~~_. __~ _... li ~,;. ~~ $... ~~~~~ ~ ~~ a„~ <,- ~ ~ 3S~J ~u< 1w i~ ,~ #>: ^ Y~ M31A NYId ~'~" ,IA~ ~~~ I=pM _ ~~- 3hrONIIM(18 Ol 301A113S 153x0! „~..°,e nE 55 pp .I 00 'N3d5r __._ r --~®°• N3d5Y !01110 ~ ~ 5:~t 5`-=:=~aW -.~ ?L ~ 8e -- s. W, :~ Y~„3 ~' ~ ~ ,.~ g~~a >~ :<§ ~5~g a~ ;;;; ~~ s~aa "~'^ ~„waa^3 ~„ :a a~~ 3Y3 $~i e C ~~~ a ~~ ~ > ~ r ~ 8 $ $ ~ ~~ ~; `°a~~ -_1 m ~ ~~ d3~ , E ~ r ~ ~ S ~~' ~ 1 g*~ ~ "o. 8 ~ f Y ~ t $ ~ ~?aA= O 11 Vic. e~~~ ~~~I~~ 1 ~~_ ~ III I 11 p~ oo®oeo i II I I WWW-- 1 ~~ 1 1 // ~ I 1 W~ ~-~" ~' _ w // ~~ i ~~ i i ~~ ~~ ~~ i ~~ i .~ ,- ~ ~ _ gain Nnd v~ ~~~ ~~~ anv~Nnane of aainaas uaaoe ::,a tv 0~ 'N3d5tl ~ c s W y "a ~ c .~ -~ ne m. N3dSY !O A110 m : ~ ~ i ~ ~ • g e ^ _Q ~ ~ ~: k G"' ~ ^W ~~ .~„s '<8~ ~a BE~. ~$ e~~ 'c~ $o~~ ~$ ~ o ?d a§~a =r,m ~~ 6g6; a0N8 asa~~ e:ee .W~ „^ 'wWWW c (~ I I I I I I I I I I ~W i i i M31A NYId „'" ~~~ ~•~~ Ipu' _. _..... .. ___ -- 3YIVONIlMf18 Ol 30UN3S 153!!0! ~.~'0..,~ _ 00 'N3dStl ~ os pY?w N3dSl~ !0 A110 ~ F ~ ~ ~ ~ : t" ~ ~ ~ nB neSNb~. • ~/ ~o ~w~ww~~ ~~ ~~ yy~ ~'.~ ~eya5 wwwwuu~ / i1 xa zi. \ ~ "'~'~ Wtit I / ~~ ~S°" \\\ __ A~ ono' -~ ~ aaC°~°~ ~ ~___ ~ _\ / \/ \- \ -_ ~ / ~ _ \ ~ i ~ ~ ' -_ ~ ~/ ~~ ~~ \ i i i i .~ i i ~~ ~~ ~~ i ,,\ -, ~~ -_ ~~ ~~ i /, i W / ~ / / / `~~ ~ i ;~ i~w~ % ~ i ~;/ i // i ~ ~ ~/ ~ ~/ i/ % ~ / ~ _ __ M31A NYId ~~~ !~~ ~~~ -~ __ aNw~Nnane of 3oina3s isaao~ ::.. 00 'N3dSV 7mm~3 ~ ex gp~w ~ -~ Yo / b ~ Ww ~~_~ ~'~b. ~ i# ~,`° /~ ~a ?p.b / N. _ Qa / / W'i~ / ~~°: / ~ i ~g~' ~ RY ffia~g & «& ~ i ~' uW~~°~~ Woow ~~ '~ / . ~~~~ ~ ~RNa / /, ~ ~ ~/ ~ / / j / ~ / ~ / / / / ~- // ~ / / ~, ~--___ I ~ l ~ ~ ~ N~/ / j // i ~ i/ % i/ ~ / / / // ~/ ~ ~ ji _ M31A NY7d .. ~. - ~~~ I ~~8 I I:n -- .- ._-_ - 317YONf1808 Ol 30NN3S 15380! ~e __ _. -. - 09 'N3d5Y a~~ .s .-jw 1Of '6 m N3d5Y !0 ALJ ~ t .?d _=~a ~~~ a - ~ --~ 7c -Q Ww ~~_ ~~ ~;oo >g ~~=- Ga W~>J e§ w" - xe o;~g =.w~gg„ RW WW WNRF i __ ice/ ~/~ i~ i i i a i~ i / i i i~ i i i i i _--- i _______ _'__-_- - _ _ w ~ -__..____--_-_ _ -C~ __ _---_ _ _ ,____i M31A NYId s.r-. _ ~ ~ _ ~~~-~~~~~~-~- 311YONIlNlIB Ol 301AN35 153N0! °"~ ~: ~ :aD ' ~ 00 N3dSV ~ s yw ! ~ ~ e p ee w, m N3dS/ !0 AUO ~mwEig ~ - "^ e # ~ ~~ Yo WW ~ . Y~~g Q S' ~~~ d ~ ~a ctn. a$ W;'d_a . .Y gSgg m"a~x~: ~ ~''° aa a ~ ~WWW -- -__ ~~--- i --o---------- I i i i i i i i ---------~~Iyy -- W I I I M31A NYId - - - ___. 311YONIll1f18 Ol 301AN351S3?!O! ~ar~ °~°'~" ~~ ~ ~~ ~ 00 'N3dSV ~'~~ " I ~^.. -' __-_ a N3d51' d0 A110 j ~ 6f ~ e"'~•~{ i C iW o' qy -~ ~o ww ~`o. ~ g d ~j~ ~ :~~` ~ ;~ ~S o ~° ~ ~ ~~ g, ,gF gb aaa~ ~ W W I Wo-- __ -- ---o- ------- ------o------ - snva~na noun r e ~ ~ ~ - anvonnane of 3awaas isaao~ ^°° . ~ ~ ~ c ' - 00 'N3dSV - W __ N3dSV !O LLIO ~ drd _ ~ ; s - . ~gmoo -•~ ~L -~ g~- t'" w L~ r e a~~e >` '~~a a ~ ~~.aey > ~~ ap~W=~ !~~a_> ~ j~a~ pe v ~as~;W C 45 E~ w ~ ~ a > ~ ~ > k r ~~ y ? ~ ~ g5~ w ~'y w ~y ra m i 5 > ~~ ~ Y Cu W 8r Cg Y ~~ W OC[ Y ~~az e~~- J a > ~ ~ ~ p e[ - ONIMVtlO LYItl3d 100-0 rr~ ~~~ ~~~ 3NWJNIINOB Ol 3~Utl35 1S3MOd "'°'" -~ ...re _. 00 'N3dSY ~ c ~ . s W _..~.~ _- - N3dSY !O 1110 s ~ .=~BL~b . ,°~ .„» ~ ..= ~. ~~ .>:~=~C ~ 8 ~ l.M o`~gJ-a,'1`:4 ~ W ~~?h,49o~i °e ~ i ~~ ®A® I ~~ \ / > 0 c / _ n Y i ~ g' / o ,~ ~~ ~ -- -- -~a W m I 3' ~ ~ ~ a S _ ~ U o-' ~ > I 0 ~ W a I\I \\~ o U , /f i 1 U~ I 1 ~ _ _ _ 1 ~~111}}}~~,1///~~~1yy~(((1/ %1~1 / 1 1 1 1 1...11 -1 1 1 11 MIY. 02 1 ~` 11 1 ~1 j~~ 11 ~ _ 11 ~ /' ~~ /,/ d ~.~~ t SOlOHd 3115 _~,~,,,,,_, ~~~ I ~~~ I I=~ 3YIV'ONf121f18 Ol 301A213S 153210! '° :,q ~°„~ M 00 'N3dSV ~O~ I n N3dSV d0 u10 ~n0,0oa,~ ~ g s ~' g ~ _~ ~ , ~ ~ « w ! _E6e .% ?% ~ 'o yn',l~ '&'~Q~W~~za°a Sg~aoasoiruw'd O ~yOJ ~jJ 6¢¢2C~<~Q~W= ~N 6<yyy$ SOU O,.i4r4ii~ 44K N O-C itn ~n~ -~ W / 'F .- = Z_ ~ r ~ W m . 'tT . K ~ l/1 ~ . J~' ~ ,.~~. ~. Q W W ~ ^" ,K. U W i = { *? W f ,~; Q n, ~rt s .~ ¢ Z W '~+aiV:1£ ~ ~d~ 4o Q c~ ~" 3 p ,k- i~~' j, U N Ii i m w ~ f.. ~ °' ~,~.... .5 w U ~~ 3 w k~' V O ,4ra f t a - tk.' ~ 9 a I W ~. , I j w ~ Z /~ - ~ ~ O I/ W / p \~11~ V C V Z ~ © 1'~ J C M y'. W C t ~ ~.,~ 1!. ~ Fj,~ij~~k~ fir ~ •r ~ ~ w 0 m ~af, ~. s 1 ~ N t ~y ~ a ° ~ r ~ ~ W W f~y~) .t 0 H 1rlt Z 4~ ~ I W I 'i t ~ 3 5 Z I = ;j ~ g . ~ a a F ;' {{,, W ~~ Q ,' 3 ~ ~ ''' u U a - o + - -, m } .} t ,A - _- _. ,_ si{Nn NouonauNOO x si;r~a ..,, ~ ~~~ ~~~ =~ - anr~Nnane of 3~{na3s ts3ao~ °.e v ---- .$ ~ilti N3d$r !0 Alq P ~q ~ c~~~ ps'e~,~~:w ay~o6~ ~'^ __ Qo. ~-..°YNn, W ~u~' ukbE~~ i ;;c ...v{PP{{ 3idd;q;a!€€ ^.f m ~v3~`cg~B°~ of{iii {,iif{{S: iitii{{idlf. t r ga amain Yj .:[ •. $. jiiw w asa aia $£$ S $aaf ~ O ,,,,{{ $'" ~~ ~wj .IL (f SFt<tt (((tt t([ {f!f!~f Z Qdd~d.N~C)o=gZ e i[ ~8g~~i2av.3 ,, P-f, PP i o afi{ aiit' $S' { w [. }ai ti 4't Eiifp~ii[:p[•€a4::.1 L) 2 V6 tfgxppp a~ U 'l:vvv ! a vvvpvv vv vs. evv;:;'.!: ~:°;:; :'i 1 - n; a .:. :au ...-. is _..:~5 ® ~ 1 .e. € ~ J O € ~ o ~ ' i~ ~ Ea i t ® U v a w ~ ~~ ~ ~ ~ . ~ e _ ~ ~ o ~ ~ I N 2 ] ~= d I ,~ i r~: ~ !~ p I ~i E ~ o ~~ ~~i -3 III ~~ `_^. T I • ~ ~ 3 tld:M~: b3 _._ ° ~ 3 ea a~~p W W ° ~ a'. m ' ~ o ~ ~ ~ ~ ~f 19 ~_-~m µ7.I. ,~.,.~ i \ o '_ ~ ~/ I4 ~ ~ I' I ~ ~ ° o~4o'j ~ 3 v o ~} f8€ .A°r if. ~ " I S E o r S t sf oz 'k~'. 2 ~ d n ~ Sii i.a I ~ n.i ~ ~ 8~`tl~~w i 9 ` _.W#g~ tl W _______-.- °e~ ~ j x r .5 .e re 2 .9 iu a y io ~E Z 3 A°~ ~ R }s ~ z {8 S O R j ~ ~ '~' i ~i = rc m$ w ~~~ ~ _ ~{ of v A a 3 p• Z ® • N ~ ~ i ~~{ O U 1 ~~~ ~ ~ ~ ~~i ~ u sUNn Nou~nauNOa ~ suv~a ~ e ~~~ ~~~ (e~ -_ - awvsNnane of a~inaas is3ao! ^°- 00 'N3d5t 8m~ ~ s ' x t i 3 W _ax t - _ _- a' NldSY !O ALO ~ymmar3 ~®"'` ~ ~ 1 §~~°8 __ ~~"~d `~o~e_ ~":a'e" >~SN y~' ~~3gY ~,. 1. ~a ~FW II _ _ ^ g ~ ~~ Sir ! i~$~ ~ - i ~° ~u ~ . 3 a p i c~~ - m vai m°w~ 8E ,~ B~P~ 7 u a ti~ v Sx .g ._I ~ I ~£~ ~, > m m a~ __,.~ ___ ~. ~ _ ~~._.! .-G ~ ,;J~JA9p5p ~i 1~~n ~J U L ~< 9 i `€ a ~ d a7 N ~ 0~6 ~ a + ' /^' o< ~ ~ v u m ~ N I 8 0 ~.. Q 33 ~ J a I z N ~ ~ J 0 ~ I' N U ti ~ ~ N J d' J j I p ._ ' 1 ~~ it V l Z Illd30 ,BI ~ ~ ~ J r ~ /1 ~ I o l ~~I U J n ~ O '4~ i, ~'., ~ u i~ 3d sy :~ r~ MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: August 21, 2009 RE: Addition to the Consent Calendar -Appointment of ARC Advisory Committee Members This item was submitted to the city clerk's office on time but did not make it to the agenda. Please add it to the consent calendar for approval August 24`h. Attachment MEMORANDUM TO: FROM: CC: MEETING DATE: RE: Summary: MAYOR & CITY COUNCIL TIM ANDERSON, RECREATION DIRECTOR STEVE BARWICK, CITY MANAGER JEFF WOODS, MANAGER OF PARKS & RECREATION AUGUST 24, 2009 APPOINTMENT OF ARC ADVISORY COMMITTEE MEMBERS According to an agreement entered into by and between the City of Aspen and the Friends for the Aspen Sports and Recreation Complex (SPARC), City Council will appoint one member of the community to represent the interests of the user of the swimming facilities, and one member of the community to represent the interests and concerns relative to the entire ARC facilities. Each of these positions will serve two year terms. These conditions are laid out in section 2. (a) (iii), (iv) and (b) of the SPARC agreement (attached). Recently staff advertised within the ARC and in the local newspapers that the ARC Advisory Committee was seeking nominations for these two positions. Staff had 4 applicants for the two positions. • Gordon Gerson: current advisory committee member representing the swimming community. Gordon is a local doctor, has two children on the swim team, is on the board of the Speedos swim club, and very active within the swimming community which serves the Speedos and the High School Swim team. • Sam Louras: local member of the community who moved to Aspen about 2 years ago and was interested in becoming active in the Recreation Facilities and programs that serve the community. • Jon Tollefson: local banker and avid user of the ARC for his training. He would bring a sense of business to the committee as well as an inside look at user needs from the ARC. • Carol Sams: High School Athletic director and user of the ARC as well. Carol brings a crossover of local user of the ARC as well as the needs of the school dist. Programs which share facilities with the recreation division. The ARC Advisory Committee wishes to thank outgoing committee member Laura Kornasiewicz for her service since the opening of the ARC. Laura has served on the committee as the at large representative and the swim representative. Laura was the swim team president atone time, director of the largest western slope swim meet held at the ARC (400 swimmers), and serves on the school board currently and brought a great partnership to the ARC Advisory Committee and the School District relationship. Recommendation: The ARC Advisory Committee is recommending for approval and appointment to the Advisory Committee per the SPARC agreement, that Gordon Gerson is reinstated as the Swim Representative, and Carol Sams be appointed to the at large position. Staff would concur with these appointments and feel that both Gordon and Carol are good selections for the available positions. Manager's Comments: AUG-O9-03 13= 53 FROM=HOLLAMDHART ID =9709259415 PAGE 4/14 services offered within the Aspen Recreation Center and the coordination thereof with the existing City of Aspen Ice Gazden; and W~REAS, the City Council desires to execute an Agreement, in substantially the form as appended hereto as Exhibit A, with SPARC that clarifies and uzcorpozates prior commitments to SPARC and its private donors. NOW, WHEREFORE, BE TI' RESOLVED BY THE CITY COUNCIL. OF THE CITY OF ASPEN, COLORADO; THAT Section I. Establishment of Asnen Recreation .Center Advisory Committee. There is hereby established the Aspen Recreation Center Advisory Committee (the "ARC Advisory Committee") as hereinafter set forth. Section 2. Composition_ Term_ Qualifications of Members. The ARC Advisory Committee shall be constituted as follows: (a) The ARC Advisory Committee shall consist of seven ('~ members. (i) Four (4) members shall be appointed by Friends for the Aspen Sports and Recreation Complex ("SFARC"} (ii) One member shall be appointed by the Aspen Youth Center' Board of ITirectors to represent the interests and concerns of the Aspen Youth Center facilities at the ARC. (iii) One member shall be appointed by the City CouttciI to represent the interests of the users of the swimming facilities at the ARC_ (iv) One member shall be appointed by the City Council to represent the general public interests and concerns relative to the entire ARC facilities, including the ice skating rink, swimming facilities, youth center 3 AUG-05-03 13:53 FROM=HOLLANDHART ID:9709259415 PAGE 5/14 :4~iseryonerations within the ARC, climbing wall and other recreational amenities within the ARC and immediate surrounding areas, concession facilities, and all common areas of the ARC. (b) All members of the ARC Advisory Committee shall be appointed for a period of two (2) years, provided that with respect to the four members initially appointed by SPARC, 2 members shall serve 1 year terms and 2 members shall serve 2 year terms, as desigrlated by SPARC, in order to stagger such terms. Thereafter, all SPARC -appointed members shall serve 2-yeaz terms. Members appointed by SPARC shall serve at the pleasure of the SPARC Board of Directors. The member appointed by the Youth Center shall serve at the pleasure of the Youth Center Board of Directors. The two members appointed by the City Council shall serve at the pleasure of the City Council. There shall be no restraint on the number of terms that members may serve on the ARC Advisory Committee. (c) All members of the ARC Advisory Committee, at the time of their appointment, sha11 be residents of Pitkin County for a period of no less than one (1) year- At least two (2) members appointed by the SPARC .Board of Directors shall be residents of the City of Aspen at the time. of their appointment and durins their. term as members of the ARC Advisory Committee. Members shall continue to be residents of Pitkin County during their term as members of the ARC Advisory Committee. Residence for purposes of this section shall mean having a principal residence in the City of Aspen or Pitkin County, as appropriate, with only occasional absences from the City of Aspen or Pitkin County not exceeding 3 months in any calendar year. 4 vn~ a- MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Errin Evans, Current Planner THRU: Chris Bendon, Community Development Director~t4/j~ DATE OF MEMO: August 14, 2009 MEETING DATE: August 24, 2009 RE: 500 Doolittle Drive, City of Aspen Water Treatment Plant - Specially Panned Area Amendment and Growth Management Quota System Review Second Reading of Ordinance No. 18, Series of 2009 APPLICANT /OWNER: Water Department, City of Aspen REPRESENTATIVE: Mitch Haas, Haas Land Planning, LLC LOCATION: Civic Address - 500 Doolittle Drive; Legal Description -Lot 25, Water Plant Affordable Housing, City of Aspen; Parcel Identification Number - 2735- 132-04-825 CURRENT ZONING & USE Located in the Public (PUB) zone district with a Specially Planned Area (SPA) overlay containing the City of Aspen Water Treatment Plant facility. PROPOSED LAND USE: The Applicant is requesting to remodel the main office building while adding a carport to a second building. STAFF RECOMMENDATION: Staff recommends that the Aspen City Council approve the request for a Specially Planned Area Amendment and Growth Management Review. SUMMARY: On June 16`h, this application was presented to the Planning and Zoning Commission, who approved the 8040 Greenline Review and made a recommendation to Council to approve the SPA Amendment and the Growth Management Quota System Review. Now before the Council are the SPA Amendment and the Growth Management Review for Council approval. Revised 8/17/2009 Page 1 of 5 STAFF COMMENTS: The applicant has submitted a minor change to the application since the First Reading. The applicant would like to extend the eave for the carport for the entire length of the building instead of only partially as first presented. The applicant requested the meeting to be continued because one Council member was absent. The changes have been included as Exhibit D as a supplement to the application. The memo that was provided from the meeting on July 27`h has been included for your reference. E u z=ego aox~ is3a zom FEES BACKGROUND: The City Water Treatment Plant is located at the end of Doolittle Drive off of Castle Creek Road. Currently the facility is comprised of several buildings and ponds that comprise of the City's water treatment plant. The applicant, the City of Aspen Utilities Department, proposes to remodel the administrative building and add a roof extension to create a carport on an existing building at the facility located at 500 Doolittle Drive (See Application - Exhibit B). Please note when you review the application, you will notice that the applicant would like to expand the existing office space by 1,200 square feet. This issue and the relevant reviews will be explored at a later date. Staff requests that the application be bifurcated and the approvals for the additional office space will be heard at a later date. Revised 8/17/2009 Page 2 of 5 Figure 1: Vicinity Map approved the 8040 Greenline Review for the project and recommended that the Council approve the Specially Planned Area Amendment and the Growth Management Review. For the proposal before the Council at this time, two approvals are required. The required approvals for this proposal include a Specially Planned Area (SPA) Amendment and Growth Management Quota System Review. LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the City Council to remodel the administrative building and a carport: • SPA Amendment pursuant to Land Use Code Section 26.440.050 (A) Review Standards for a development in a Specially Planned Area. This application does not qualify for an administrative amendment. All modifications shall be approved by the Planning and Zoning Commission and Council. This proposal does qualify for Consolidated Review. In this case, the conceptual and final plans may be combined based on the limited scope of the project. The Planning and Zoning Commission, at a public hearing, may make a recommendation to the City Council for approval, approval with conditions or disapproval of the SPA amendment. The City Council is the final authority. The Planning and Zoning Commission made a recommendation to Council on June 16`h to approve the amendment. • Growth Management Quota System -Essential Public Facilities pursuant to Land Use Code Section 26.470.090 4. Any development to an essential public facility requires the Planning and Zoning Commission, at a public hearing, to make a recommendation to the City Council for approval, approval with conditions or disapproval of the Growth Management Review. The Cit~Council is the final authority. The Planning and Zoning Commission made a recommendation to Council on June 16`" to approve the review. • 8040 Greenline Review for any development located at or above 8040 feet above mean sea level as pursuant to Land Use Code Section 26.435.030 (C) 8040 Greenline Review Standards. The Planning_and Zonine Commission is the final review authority, who may approve, approve with conditions, or deny the request. The Planning and Zoning Commission approved the 8040 Greenline Review on June 16`h. SPECIALLY PLANNED AREA DEVELOPMENT AMENDMENT REVIEW: The applicant proposes to remodel the entrance to the building by extending the roof over the ramps and changing the configuration of the ramps. The Community Development staff believes that the proposed remodel and the carport extension are consistent with the intent of the approved final development plan for the Water Treatment Facilities. The changes proposed aze relatively minor. The remodel to the front of the administrative building will be an improvement over the existing entrance. The accessibility ramps will be easier to use. No changes are proposed to the floor area at this time. The existing administrative building is shown below in Figure 2.• Existing Administrative Building as seen when approaching the site through the gate from Doolittle Drive. Revised 8/14/2009 Page 3 of 5 GROWTH MANAGEMENT REVIEW: This application also requires growth management review for the new carport. The extension of the eaves of an existing building will not create any new employee generation. The carport will not be enclosed and will be used to store a crane. The carport is intended for storage purposes only. No new employees will be generated as a result. This application is required to undergo review under Growth Management because it is an addition to an essential public facility. Essential Public Facilities are assessed based on its unique employee needs. As an Essential Public Facility, staff recommended that the Planning and Zoning Commission determine that no new employees are generated with the addition of the carport. The Planning and Zoning did, in fact, determine that no new employees were generated. It is the authority of the City Council to confirm that finding. STAFF REFERRALS: Only a few departments provided a response to this application. This project was reviewed by the Engineering Department, the Environmental Health Department, the Parks Department and the Fire Department. The Engineering Department found that the application did not have the information that they require for a complete review. The applicant will be required to submit a Drainage and Erosion Control Plan and Report stamped by a Colorado Professional Engineer when the building permit is submitted. The report must be approved by the City Engineer to meet approval conditions. The Environmental Health Department nor the Aspen/Pitkin Housing Authority have concerns with the remodel or the carport. They do have comments regarding the second portion of the application and the comments will be included at that time. RECOMMENDATION: Staff believes that the application is generally minor in nature. It is consistent with the final development approval of the Water Treatment Plant. It does not substantially change the exterior of the buildings and the same materials will be used. No employees are generated as a result of the new carport. Staff recommends that the City Council approve the Specially Planned Area Amendment and the Growth Management Review. Revised 8/14/2009 Page 4 of 5 Figure 2: Existing Administrative Building CITY MANAGER'S COMMENTS: RECOMMENDED MOTION: "I move to adopt Ordinance No. 18, Series of 2009. ATTACHMENTS: Exhibit A -Staff Findings Exhibit B -Resolution No. 10, Series of 2009, Planning and Zoning Commission Exhibit C -Application (Provided July 27`h, First Reading) Exhibit D -Supplement to the Application Revised 8/14/2009 Page 5 of 5 ORDINANCE N0. 18, (SERIES OF 2009) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A GROWTH MANAGEMENT REVIEW AND A SPECIALLY PLANNED AREA AMENDMENT FOR THE REMODEL AND ADDITION OF A CARPORT TO THE CITY OF ASPEN WATER TREATMENT PLANT, LEGALLY DESCRIBED AS LOT 25, WATER PLANT AFFORDABLE HOUSING AND COMMONLY DESCRIBED AS 500 DOOLITTLE DRIVE ParcellD: 2735-132-04-825 WHEREAS, the Community Development Department originally received an application from the City of Aspen Water Treatment Plant, represented by Mitch Haas of Haas Land Planning, requesting the City Council to approve Growth Management Review and a Specially Planned Area (SPA) amendment and requests for approval of Special Review and 8040 Greenline Review from the Planning and Zoning Commission for the minor addition and remodeling of the Water Treatment Plant. The applicant proposed to remodel the fagade and add an additional 1,200 square feet of office space to the administrative building and extend the eave of an existing building to create a carport; and, WHEREAS, the applicant has requested to bifurcate the application into two phases. As a result, the first phase of the application will include review for the remodel of the facade of the administrative building and the carport. The applicant requested that the City Council approve Growth Management Review and a Specially Planned Area (SPA) amendment and that the Planning and Zoning Commission approve 8040 Greenline Review for the minor addition of the carport and remodeling of the facade of the Water Treatment Plant; and, WHEREAS, Phase 2, which consists of constructing 1,200 square feet of additional office space will be reviewed at a later date; and, WHEREAS, the Community Development Department received referral comments from the Aspen/Pitkin County Housing Authority, Consolidated Sanitation District, City Engineering, Fire Protection District, Parks Department, as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed SPA amendment, Growth Management Review, and 8040 Greenline Review and recommended approval; and, WHEREAS, the Planning and Zoning Commission approved Resolution No. 10, Series of 2009 to approve the 8040 Greenline Review and made a recommendation to Council to approve the SPA Amendment and the Growth Management Review on June 16`I', 2009; and, WHEREAS, the subject property is located in the Public (P) Zone District with an SPA overlay and requires a amendment to make changes to the Final Development Order, pursuant to Section 26.440.090; and, WHEREAS, pursuant to Section 26.440 and 26.470 of the Land Use Code, Growth Management Review and Specially Planned Area amendment approvals may be granted by the Page I of 3 City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, Growth Management Review and Specially Planned Area amendment review requires a recommendation to Council by the Planning and Zoning Commission at a public heazing and this application was reviewed at a public heazing on June 16`h, 2009 where the recommendations of the Community Development Director and comments from the public were heazd; and, WHEREAS, the Aspen City Council finds that the development application as proposed and identified as Exhibit C of the July 14`h staff memo meets the review standards for a Growth Management Review and a Specially Planned Area amendment to remodel the facade and to extend the eave of another building to create a carport if certain conditions are adhered to. NOW, THEREFORE BE IT ORDAINED that the Aspen City Council approves the Growth Management Review and the Specially Planned Area Amendment Review for the City of Aspen Water Treatment Plant subject to the conditions listed in Section 3 below. Section 1: Growth Manaeement Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves Growth Management Review for the project located at 500 Doolittle Drive, Aspen, Pitkin County, Colorado and determines that the scope of this approval: new carport and facade remodel generates zero employees. Section 2: Specially Planned Area Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves the SPA amendment to remodel the fapade of the administrative building and add a carport by extending an eave on an existing building for the project located at 500 Doolittle Drive, Aspen, Pitkin County, Colorado with the following conditions: The applicant is required to apply for a building permit and shall meet adopted building codes and requirements if and when a building permit is submitted. Section 4• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: 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 sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: All material representations and commitments made by the Applicant pursuant to the approvals as herein awazded, whether in public heazing or documentation presented before the Planning and Page 2 of 3 Zoning Commission or City Council, are hereby incorporated in such approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: A public hearing on this ordinance shall be held the 24 day of August, 2009, in the City Council Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 2009. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this _ day of _, 2009 by a _ - vote. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Page 3 of 3 EXHIBIT A 26 470 090 Growth Management Review Standards for Development of Essential Public Facilities The development of an essentia- public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved approved with conditions or denied by the City Council based on the following criteria: a. The Community Development Director has determined the primary use and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. Staff Findings: The carport and remodel are proposed to the City Water Treatment Plant Cdty which is considered to be an essential public facility. The City Water Treatment Plant meets the water needs of the City. The carport will be used to store the city crane and the remodel the faFade will improve the use of the accessibility ramps. Staff finds this criterion to be met. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate or warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Staff Findings: No mitigation is required,for Phase 1 of this application. The remodel and the carport do not create any net leasable space nor generate any new employees. Phase 2 will be reviewed at a later date. Staff finds this criterion to be met. EXHIBIT A (Continued) 26.440.050 Review Standards for development in a Specially Planned Area In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and City Council must consider the following: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Findings: Currently, the site consists of an administrative building, storage buildings, plant buildings and ponds. The site is located beyond the Water Plant Affordable Housing and is isolated from other development by topographical features. The addition to the City Water Treatment Plant is a minor in nature relative to the size of the facilities. The additions consist of extending the roof eave on another building to create a carport to protect a crane and remodeling the front entry of the administration building. The Specially Planned Area (SPA) reflects the long term plans for the site and this proposal is consistent with the future goals. The original SPA allows for over 104,549 more square feet of buildings for this facility. The project meets the requirements for land use, height, density, architecture and landscaping. Staff feels that this proposal is compatible with the existing facilities, the intent of the SPA and the surrounding area. Staffftnds this criterion to be met. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Findings: No increased impacts on the public facilities or roads are predicted. Stafffinds this criterion to be met. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. Staff Findings: The parcel is suitable for development. The area where the buildings are situated is mostly level. There are no environmental constraints that would limit the construction of the carport or the facade remodel. The parcel is not located in the floodplain area or an area that is particularly steep. Staff f nds this criterion to be met. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public space. Staff Findings: The proposed development will not have any impacts on the view planes or adverse environmental impacts. The carport will be located under an extension of an existing eave. The remodel of the facade will be finished with exterior treatments and rooJlines to match the existing buildings. Because of the nature of the topography, the new additions will not be visible from adjacent properties. Staff finds this criterion to be met. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Staff Findings: The remodel and the addition of the carport do not contravene any of the goals or policies of the Aspen Area Comprehensive Plan. Staff finds this criterion to be met. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. Staff Findings: The Water Department has the funds to remodel the facade and construct the carport at this time. Staffftnds this criterion to be met. 7. Whether proposed development on slopes in excess of twenty percent meet the slope reduction and density requirements of Section 26.445.040 (B)(2). Staff Findings: There are no slopes in excess of twenty percent where the addition is to be located. The increase in density is not applicable. Stafffrnds this criterion met. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Findings: GMQS allotments are not required for Essential Public Facilities. Phase 1 of this application does not require any mitigation for the remodel or the carport as they do not increase net leasable space or generate new employees. This project requires growth management review. Stafff:nds this criterion met. ~}ctii .~--r ,~ RESOLUTION N0. 10, (SERIES OF 2009) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A GROWTH MANAGEMENT REVIEW AND A SPECIALLY PLANNED AREA AMENDMENT AND APPROVING 8040 GREENLINE REVIEW FOR THE REMODEL AND ADDITIONS TO THE CITY OF ASPEN WATER TREATMENT PLANT, LEGALLY DESCRIBED A5 LOT 25, WATER PLANT AFFORDABLE HOUSING AND COMMONLY DESCRIBED AS 500 DOOLITTLE DRIVE ParcellD:2735-132-04-825 WHEREAS, the Community Development Department originally received an application from the City of Aspen Water Treatment Plant, represented by Mitch Haas of Haas Land Planning, requesting the Planning and Zoning Commission recommend approval of Growth Management Review and a Specially Planned Area (SPA) amendment and requests for approval of Special Review and 8040 Greenline Review for the minor addition and remodeling of the Water Treatment Plant. The applicant proposed to remodel the fagade and add an additional 1,200 square feet of office space to the administrative building and extend the eave of an existing building to create a carport; and, WHEREAS, the applicant has requested to bifurcate the application into two phases. As a result, the first phase of the application will include review for the remodel of the facade of the administrative building and the carport. The applicant requesting the Planning and Zoning Commission recommend approval of Growth Management Review and a Specially Planned Area (SPA) amendment and a request for approval of 8040 Greenline Review for the minor addition of the carport and remodeling of the fagade of the Water Treatment Plant; and, WHEREAS, Phase 2, which consists of constructing 1,200 square feet of additional office space will be reviewed at a later date; and, WHEREAS, the Community Development Department received referral comments from the Aspen/Pitkin County Housing Authority, Consolidated Sanitation District, City Engineering, Fire Protection District, Parks Department, as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed SPA amendment, Growth Management Review, and 8040 Greenline Review and recommended approval; and, WHEREAS, the subject property is located in the Public (P) Zone District with an SPA overlay and requires a amendment to make changes to the Final Development Order, pursuant to Section 26.440.090; and, WHEREAS, the proposed development is located at an elevation of approximately 8,150 - 8,170 feet above sea level and is subject to 8040 Greenline Review, pursuant to Land Use Code Section 26.435.020, Environmentally Sensitive Areas; and Page 1 of 3 WHEREAS, pursuant to Section 26.440 and 26.470 of the Land Use Code, Growth Management Review and Specially Planned Area amendment approvals may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.430 and 26.435 of the Land Use Code, 8040 Greenline Review approvals may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, Growth Management Review and Specially Planned Area amendment review for a recommendation to Council by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing on June 16`h, 2009 where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, 8040 Greenline review for approval by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing on June 16`h, 2009 where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, an application was submitted for the City of Aspen Water Treatment Plant, which proposed on Lot 25, a remodel of the fapade of the administrative building for accessibility and an extension of a roof eave on an existing building to create a carport. WHEREAS, the Commission finds that the development application as proposed and identified as Exhibit A of the June 16`h staff memo meets the review standards for a Growth Management Review, a Specially Planned Area amendment, and 8040 Greenline Review if certain conditions are adhered to. NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council approve the Growth Management Review and the Specially Planned Area Amendment Review for the City of Aspen Water Treatment Plant and that the Planning and Zoning Commission approves the 8040 Greenline Review, subject to the conditions listed in Section 3 below. Section 1: Growth Mana¢ement Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that the City Council approve Growth Management Review for the project located at 500 Doolittle Drive, Aspen, Pitkin County, Colorado and determines that the scope of this approval: new carport and facade remodel generates zero employees. Section 2: Specially Planned Area Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that the City Council approve the SPA amendment to remodel the facade of the administrative building and add a carport by extending Page 2 of 3 an eave on an existing building for the project located at 500 Doolittle Drive, Aspen, Pitkin County, Colorado with the following conditions: The applicant is required to apply for a building permit and shall meet adopted building codes and requirements if and when a building permit is submitted. Section 3: 8040 Greenline Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the request for 8040 Greenline Review to remodel the facade of the administrative building and add a carport by extending an eave on an existing building for the project located at 500 Doolittle Drive, Aspen, Pitkin County, Colorado subject to the following condition: a) A Drainage and Erosion Control Plan and Report stamped by a Colorado Professional Engineer. On-site drainage is to be designed in accordance with the City of Aspen Engineering Design and Construction Standards. IBC Section 3307.1 requires that provisions be made to control erosion. The City requires a plan that shows the location of erosion control measures, drainage patterns, and details of erosion control structures. The plan must include notes that describe how erosion control measures will be regularly maintained. The erosion control plan must show the location of mud racks, the location of water for washing tires and the retention of the wash water. 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 ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior 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. APPROVED by the Commission at its regular meeting on June 16`h, 2009 by a 5 - 0 vote. APPROVED AS TO FORM: Jim True, Special Counsel ATTEST: Jackie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: Stan Gibbs, Vice-Chair EXHIBIT 1: Approved Building Elevations Page 3 of 3 ~~g~T ~ ~ STORAGE BUILDING EABT ELEVATION _ 2 STORAGE BUILDING NORTH ELEVATION- _ ~;~ -~ ,~.~...~ ~a <, z>ag W iFm< K «o o~~° u~ W. 6f 3~ C RENO -SMITH ~.e~ N6A 302 ~~~~~T ~ -`LLJ =. _I 3= ~adS yWy FtmGG< 6~OepJCt p~FU >y V~b~ ~ 3~ U Cpl STORAGE BUILDING wICARPORT PLAN ~~' r_~~ ~'..:. RENO SMITH O ~~ A 301 COVERED PANCNING 1.155 S. F. VIII b :. xi the CCy of Aspen City phorney~ Olhce MEMORANDUM TO: Mayor and Members of Council FROM: James R. True DATE: August 3, 2009 RE: Aspen Local Marketing District Attached for your consideration and review is a proposed Ordinance which, if adopted, would organize the Aspen Local Marketing District and submit to the voters of the proposed District a question for the approval of the organization of the District as well an approval of a one percent (1%) lodge tax. The lodge tax, as proposed, would be an additional tax on the purchase and sale of rooms, accommodations, and lodging within the proposed district. The creation of a Local Marketing District is authorized and governed by C.R.S. Section 29-25-101, et seq. This is before you on August 10, 2009 for second reading of the ordinance. Please note, however, that the statute requires that the matter be considered in two public heazings. The second public hearing is scheduled for August 24, 2009. That date is the Clerk's deadline for submission of a ballot issue. The statute that authorizes the creation of a marketing district requires 50% of the owners of commercial real estate within a district representing at least 50% of the assessed valuation within the district, to submit a petition to City Council for the creation of the district. The City Council must then determine the sufficiency of the petitions then approve the organization of the district. The organization of the district is specifically contingent upon the approval of the registered voters who reside within the district. The Ordinance attached addresses the specific requirements of counsel and submits the matter of the organization and the tax to the voters. The Clerk will also submit a memo regarding her investigation and validation of the petitions. This will provide the evidence upon which you may base your findings. Unlike other petition efforts where the clerk makes the final determination of the validity of the petitions, pursuant to this statute this decision is the City Council's. It is anticipated that Council may raise the question of whether the entire city should be allowed to vote on the organization of the district or the tax that is proposed. If the Council wishes a city- wide vote, there are two ways to address the matter. One would be to expand the district to encompass the entire City. It would create the district under the management set forth in the operational plan that is submitted. The other way to have acity-wide vote on the tax would be to reject the organization of this district and seek to amend the existing tax. Although the existing tax includes a sharing of revenue, a ballot initiative could dedicate the new tax to the marketing effort under the same mechanism as exists now. Please note, however, if the existing tax is going to be increased, Council would have to act immediately in order to place this on the November ballot. It is anticipated that representatives of ACRA and the proposed district will make a presentation regarding the proposed district, its initial operating plan and budget. Staff will also be available for any questions. ACTION REQUESTED: A Motion to approve Ordinance No. ~ ,Series of 2009. CITY MANAGER'S COMMENTS: cc: City Manager MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: August 3, 2009 RE: Aspen Local Mazketing District C.R.S. 29-25-105 Organization and creation - notice of hearine (11 requires a district to be initiated by a petition filed in the office of the city clerk. Petition was filed July 1, 2009. (2) states the petition shall be signed by persons who own commercial real property in the service area of the proposed district having a valuation for assessment of not less than 50% of the valuation. The city's GIS department outlined all the commercial real property in the proposed district and the assessor provided the valuation, from which the city clerk determined it has been signed by 58.53% of commercial real property owners. The petition meets all the requirements in 29-25-105 including types of services and 3 persons who represent the petitioners. Attachment Petition for the Organization of the ALMD PETITION FOR THE ORGANIZATION OF THE ASPEN LOCAL MARHETPING DISTRICT (ALMD) The undersigned persons hereby petition the City Council of the City of Aspen, Colorado for the organization of a local marketing district. In support of this petition, petitioners state: 1) The name of the proposed district shall be the Aspen Local Marketing District ("ALMD" or "proposed district"). 2) The service area of fhe proposed district will consist of the area generally bounded by Main Street to the north, 5th Street to the west, Clevehuni Street to the east, and Aspen Mountain to the south, inchd;,__g rhP_nm~rariat amac of the Aspen Meadows Resort and the Aspen Highlands Ski Area. The service area of the proposed district consists of approximately 186 acres, more or less. A map of the proposed ALMD boundary is attached hereto for reference. 3) The ALMD will be authorized to provide any and all services authorized by the Local Marketing District Act, including but not limited to coordinating tourism promotion activities. Services of the proposed district will be funded by a one percent (1 %) marketng and promotion tax, following voter approval of the same. 4) The names of three persons who represent the petitioners and who have power to enter into agreements relating to the organization of the AIdvID aze as follows: Name: Title: a. Waxen Kkug general Manager, Aspen Squaze b. Calandra Foister General Manager, Innsbruck Lodge c. Tim Clark Partner, Friar Properties 5) This petition is sigaed by persons who own commercial property in the service area of the proposed district having a valuation fca- acsescme^t of not less than fifty percent of the vahration fair assessment of all commercial real property in the service area of the proposed district. 6) This Petition is filed with an initial cash deposit in the amount of Five Hundred Dollars ($500.0(1), art amount deemed sufficient to cover all municipal expenses connected with organizational proceedings in case the organization of the proposed district is not effected. 7) A copy of the ALMD's initial operating Plan and budget (the "Initial Operating Plan") has been submitted to the City cont~paraneously with the submittal of this Petition, or.will be submitted to the Ciry prior to the required public hearings on the sufficiency of this Petition. 8) Petitioners hereby fom~alIy request that the Board of Directors of the ALMD have five (5) members, all of whom shall be appointed by the Ciry, pursuant to and in accordance with Section 29-25-108(1)(6), C.RS. WIIEREPORB, petitioners respectfully request Ciry Council to approve the organization of the Aspen Local Marketing District, to approve the Initial Operating Plan, which document will include the AI.MD's preliminary 2010 budget, to appoint the initial five (~ members of the Board of Directors of the proposed district, and to take such other and further actions as maybe necessary to effecd>ate the organization of the AIMD in acrnrdamr with rhr. i~ral MasirM;nu ORDINANCE N0. (Series of 2009) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ORGANIZING THE ASPEN LOCAL MARKETING DISTRICT; APPOINTING THE INITIAL MEMBERS OF THE BOARD OF DIRECTORS OF THE DISTRICT; AND APPROVING THE INITIAL OPERATING PLAN AND BUDGET FOR THE DISTRICT; AND SETTING AN ELECTION AND BALLOT QUESTION THEREFOR WHEREAS, the City Clerk of the City of Aspen, Colorado (the "City"), has received a petition for the organization of the Aspen Local Mazketing District within the City (the "District")" and WHEREAS, based upon the petition for organization (the "Petition")and other evidence presenting to the City Council at a public hearing held on August 10, 2009 and a subsequent public heazing held on August 24, 2009, which public hearings were concerned with determin- ing the sufficiency of the Petition, the Petition has been determined to have been signed in conformity with the Local Marketing District Act, C.R.S. Section 29-25-101, et seq., (the "Act"), in that the signature on the Petition aze genuine, and the signatures of petitioners represent the persons who own commercial real property in the service area of the proposed District having a valuation for assessment of not less than fifty percent of the valuation fro as- sessment of all commercial real property in the service azea of the proposed District; and WHEREAS, C.R.S. Section 29-25-102(2), states that the creation of local mazketing districts aze essential to the continued economic growth of the State of Colorado; and WHEREAS, the Petitioners have also caused a copy of the District's preliminary Op- eratingPlan and 2010 Budget (the "Initial Operating Plan") to be submitted to the City, which plan and budget are attached hereto as Exhibit "A"; and WHEREAS, the Petition sets forth, among other things: a) The name of the proposed District, which is "Aspen Local Mazketing District"; b) A general description of the boundazies and service azea ofthe proposed District, which is to wit: the area generally bounded by Main Street to the north, Sa' Street to the west, Cleveland Street to the east, and Aspen Mountain to the south, including the commercial areas of the Aspen Meadows Resort and the Aspen Highlands Ski Area; c) A description of the types of services to be provided by the proposed District; d) A description of the marketing and promotion tax proposed to be levied by the District pursuant to C.R.S. Section 29-25-112, being one percent (1%); e) The names of three persons to represent the petitioners, who have the power to enter into agreement relating to the organization of the District; f) A request that the City Council appoint the initial members of the Boazd of Di- rectors of the District pursuant to C.R.S. Section 29-25-108(1)(b); g) A request that City Council approve the Initial Operating Plan; h) A request that City Council approve the organization of the District conditioned on the outcome of an election held for that purposes; and WHEREAS, City Council has determined that it appears that the allegations ofthe Petition aze true; and WHEREAS, City Council has determined that the types of services to be provided by the proposed District, as further set forth and described in the Initial Operating Plan, are those services which best satisfy the purposes of the Act; and WHEREAS, the Petition was filed with a cash deposit in such amount determined sufficient to cover all municipal expenses associated with these proceedings in case the organization ofthe proposed District in not effected; and WHEREAS, the service area of the proposed District is entirely within the City; and WHEREAS, a map of the boundaries of the proposed District is attached hereto as Exhibit "B" and is incorporated herein by this reference. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to its authority to organize local marketing districts under the Act, and specifically C.R.S. Sections 29-25-105(3) and 29-25-106, the City Council, as the govern- ingbody ofthe City, hereby adjudicates all questions of jurisdiction to find that jurisdiction is vested in the City Council to organize the local mazketing district described in the Petition submitted by the petitioners for the Aspen Local Marketing District. Section 2: Subject to the outcome of the election provided for in Section 12 hereof, the City Council hereby declares the organization of the Aspen Local Marketing District. The bounda- ries and service area of the District shall be as set forth in Exhibit "B", which exhibit is at- tached hereto and incorporated herein by this reference. Section 3: The District shall be a separate political subdivision and body corporate of the State of Colorado an shall have all of the duties, privileges, immunities, rights, liabilities and disabilities of a public bode politic and corporate. The District shall hereafter have the corpo- rate name specified in the Petition: Aspen Local Mazketing District. g) A request that City Council approve the Initial Operating Plan; h) A request that City Council approve the organization of the District conditioned on the outcome of an election held for that purposes; and WHEREAS, City Council has determined that it appears that the allegations ofthe Petition are true; and WHEREAS, City Council has determined that the types of services to be provided by the proposed District, as further set forth and described in the Initial Operating Plan, aze those services which best satisfy the purposes of the Act; and WHEREAS, the Petition was filed with a cash deposit in such amount determined sufficient to cover all municipal expenses associated with these proceedings in case the organization ofthe proposed District in not effected; and WHEREAS, the service azea of the proposed District is entirely within the City; and WHEREAS, a map of the boundaries of the proposed District is attached hereto as Exhibit "B" and is incorporated herein by this reference. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to its authority to organize local mazketing districts under the Act, and specifically C.R.S. Sections 29-25-105(3) and 29-25-106, the City Council, as the govern- ingbody ofthe City, hereby adjudicates all questions of jurisdiction to find that jurisdiction is vested in the City Council to organize the local mazketing district described in the Petition submitted by the petitioners for the Aspen Local Marketing District. Section 2: Subject to the outcome of the election provided for in Section 12 hereof, the City Council hereby declares the organization of the Aspen Local Marketing District. The bounda- ries and service area of the District shall be as set forth in Exhibit "B", which exhibit is at- tached hereto and incorporated herein by this reference. Section 3: The District shall be a separate political subdivision and body corporate of the State of Colorado an shall have all of the duties, privileges, immunities, rights, liabilities and disabilities of a public bode politic and corporate. The District shall hereafter have the corpo- rate name specified in the Petition: Aspen Local Mazketing District. Section 4: The purpose of the District shall be to provide the services set forth in C.R.S. Sec- tion 29-25-111(1)(e)(I)(A), (B) and (C), and to exercise all other powers of a local marking district in accordance with the Act. Section 5: Pursuant to C.R.S. Section 29-25-108(1)(b), the City Council may appoint initial members of the Board of Directors of the District (the "Board"). The Board shall have five (5) members, and each member shall be an elector of the District. The City Council hereby ap- points the following five (5) initial members of the Board: (1) WarrenKlug (2) Casandra Foister (3) Tim Clazk (4) Dale Paas (5) TamiSolondz Section 6: In accordance with C.R.S. Section 29-25-105(4)(b), which requires City Council to specify the voting requirements for District elections, an "elector" of the District shall mean a natural person who is legally qualified to vote in the State of Colorado, who has complied with the registration requirements of the Uniform Election Code, and the Colorado Municipal Election Code and who resides within the boundaries of the proposed district. Section 7: In accordance with C.R.S. Section 29-25-108(1)(b), members of the Boazd of Directors of the District shall serve at the pleasure of the City Council. Within thirty (30) days after a vacancy occurs, a successor shall be appointed by resolution. Section 8: Within thirty (30) days of the execution date of this Ordinance, or within thirty (30) days of each subsequent appointment to the Board of Directors by the City Council by resolution, each member of the Boazd shall appear before an officer authorized to administer oaths and take an oath that he or she will faithfully perform the duties of his or her office as required by law and will support the constitution of the United States, the Constitution of the State of Colorado, and laws made pursuant thereto. A majority of the members of the Board shall constitute a quorum. The Board shall elect one of its members as presiding officer, one of its members as secretary, and one of its members as treasures. The office of both secretary and treasurer may be filled by one person. The Board shall carry out the responsibilities re- quired of such Board by the Act and other applicable law. Section 9: The Initial Operating Plan is hereby approved in accordance with C.R.S. Section 29-25-110. Section 10: The ballot issue shall be substantially as set forth below: SHALL THE ASPEN LOCAL MARKETING DISTRICT BE ORGANIZED AND SHALL TAXES BE INCREASED $1.0 MILLION ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY IN EACH SUBSEQUENT YEAR BY THE LEVYING OF A ONE PERCENT (1%) MARKETING AND PROMOTION TAX ON THE PURCHASE PRICE PAID OR CHARGED TO PERSONS FOR ROOMS OR ACCOMMODATIONS WITHIN THE DISTRICT AS INCLUDED IN THE DEFINITION OF "SALE" IN C.R.S. SECTION 39-26-102(11), COMMENCING IN 2010 AND CONTINUING IN EACH YEAR THEREAFTER; AND SHALL THE DISTRICT BE AUTHORIZED TO COLLECT, RETAIN AND SPEND ALL REVENUES RECEIVED IN 2010 AND EACH YEAR THEREAFTER WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAWS OF THE STATE OF COLORADO? The District is authorized to proceed with an election on November 3, 2009. As set forth in C.R.S. Sections 29-25-105(6) and 29-25-112(1), the City Clerk shall assist the District with conducting the election. Section 11: The Boazd shall file its future operating plans and budgets and any amendments thereto, if necessary, with the City Clerk for the approval of the City Council as provided in C.R.S. Section 29-25-110. City Council may require the District to supplement its operating plan or budget in any year where necessary. Section 12: The actions of the City Clerk, petitioners, and petition representatives in setting and providing public notice ofthe public hearings on the sufficiency of the Petitions, insetting and providing public notice of the date of the public hearings at which this Ordinance was con- sidered, and in furtherance of the November 3, 2009 election are hereby ratified and con- firmed. Section 13: In accordance with C.R.S. Section 29-25-105(6), this Ordinance shall not be effective unless first submitted to a vote of the electors of the District. The District shall not be established unless a majority of said electors voting on the establishment of the District at the election vote in favor of such establishment. Section 14: The District shall continue to exist for a period of five yeazs, unless otherwise extended by a vote of the electors of the District. This Ordinance may not be repealed, termi- nated, or rescinded so long as the District has any outstanding financial obligations. Section 15: If the District is dissolved in accordance with C.R.S. Section 29-25-115, any funds or assets of the District remaining after the District has satisfied any outstanding finan- cialobligations existing as of the date of dissolution, shall be remitted to the City and the City shall use said funds for tourism promotion activities and/or to provide substantially the servic- es outlines in the District's last Operating Plan filed with the City in accordance with C.R.S. Section 29-25-110. Section 16: 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 17. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 18. A public hearing on the ordinance was held on 2009 and on 2009, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 27c' day of July 2009. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this day of August 2009. ATTEST: Kathryn Koch, City Clerk Michael C. Ireland, Mayor APPROVED AS TO FORM: John Worcester, City Attorney OPERATING PLAN AND BUDGET FOR THE ASPEN LOCAL MARKETING DISTRICT in the City of Aspen, State of Colorado (2010) Submitted: June 30, 2009 TABLE OF CONTENTS 1.0 PURPOSE AND SCOPE OF THE DISTRICT 2.0 COMPOSITION OF THE BOARD OF DIRECTORS ......................................................... ....2 3.0 DESCRIPTION OF DISTRICT SERVICES ......................................................................... ....3 4.0 FINANCIAL PLAN AND BUDGET ................................................................................... ....4 5.0 ADMINISTRATION AND OPERATION ............................................................................ ....4 6.0 MUNICIPAL OVERSIGHT OF DISTRICT ACTIVITIES .................................................. ....4 7.0 CONCLUSION ...................................................................................................................... ....5 EXHIBIT A Legal Description of Territory Within District EXHIBIT B Map EXHIBIT C District Services EXHIBIT D Proposed 2010 Budget i OPERATING PLAN AND BUDGET FOR THE ASPEN LOCAL MARKETING DISTRICT 1.0 PURPOSE AND SCOPE OF THE DISTRICT 1.1 Introduction and Purpose. This Operating Plan and Budget for the Aspen Local Marketing District (the "District") has been prepared and submitted in accordance with the provisions of the Local Marketing District Act, Sections 29-25-101 et seq., C.R.S. (the "Act"). The main purpose of the District is to promote the continued vitality of commercial businesses within the service area of the District (the "Service Area") by focusing on providing services in the following three main areas: (a) organization, promotion, marketing, and management of public events; (b) activities in support of business recruitment, management, and development; and (c) coordinating tourism promotion activities (collectively, the "District Services"). The District, acting by and through its appointed Board of Directors, will work closely with those groups which currently perform marketing activities in and around the Service Area, including but not limited to the City of Aspen (the "City"), the Aspen Chamber Resort Association ("ACRA"), the Aspen Ski Company ("ASC"), Stay Aspen Snowmass ("SAS"), and the Town of Snowmass Village ("TOSV"). The Service Area of the District consists of approximately 186 acres and is located entirely within the City. The District is a Title 29, Article 25, Part 1 Local Marketing District, and will be utilized to provide the District Services identified in this Operating Plan. The District Services will not be provided unless and until voters approve a one percent (1%) marketing and promotion tax (the "District Tax") at an election held for that purpose. Currently, it is anticipated that voters will vote on the question of the formation of the District and the authorization of the District Tax at an election to beheld on November 3, 2009. 1.2 Back rg ound. The formation of the District is a critical step toward expanding and enhancing the current marketing activities undertaken by ACRA, ASC, SAS, fOSV, and other groups. Section 29-25-102(2), C.R.S. states that the creation of local marketing districts is a key component in ensuring the continued economic growth of the State of Colorado. The Service Area of the District, and the Aspen-Snowmass area, is the premier resort destination for visitors from within the State of Colorado, across the United States, and internationally. The creation of the District establishes a vehicle through which the Service Area and surrounding region is assured of visibility in an increasingly competitive international tourism marketplace. 1.3 District Service Area. A description of the boundaries of the Service Area of the District (the "Service Area") is attached hereto as Exhibit A. A map depicting the boundaries of the Service Area is attached hereto as Exhibit B. 1.4. Oneratinn, Plan Contents. Pursuant to the provisions of the Local Mazketing District Act, Section 29-25-101, et seq., Colorado Revised Statutes, as amended, this Operating Plan specifically identifies (a) the District Services to be provided by the District, (b) the District Tax to be imposed by the District, and (b) such other additional information as the City may require. 2.0 COMPOSITION OF THE BOARD OF DIRECTORS 2.1 Annointed Board. Electors. The Board of Directors of the District shall have five (5) members, all of whom shall be appointed by the City, pursuant to and in accordance with Section 29-25-108(1)(b), C.R.S. All Board members must, by law, be electors of the District. As set forth in the resolution organizing the District, an "elector" of the District shall mean a natural person who is legally qualified to vote in the State of Colorado, who has complied with the registration requirements of the Uniform Election Code, and who: (I) Makes his primary dwelling place in the District; or (II) Owns commercial real property within the boundaries of the District; or (III) Is the natural person designated by an owner of commercial real property in the District which is not a natural person to vote for such owner. Such designation must be in writing and filed with the City Clerk and the secretary of the District. Only one such person maybe designated by an owner. 2.2 Initial Board. The individuals who are to be appointed to the initial Board of Directors of the District are: 1) CasandraFoister 2) Tim Clark 3) Dale Paas 4) Warren Klug 5) 2 3.0 DESCRIPTION OF DISTRICT SERVICES 3.1 District Services. As set forth in Section 1.1 above, the District Services consist of services to be provided by the District in the following categories: (a) organization, promotion, marketing, and management of public events; (b) activities in support of business recruitment, management, and development; and (c) coordinating tourism promotion activities. The District Services are more particularly described in Exhibit C attached hereto and incorporated herein by reference. The Board of Directors of the District will, to the extent practicable, coordinate the District Services with ACRA, ASC, ASA and TOSV in order to avoid the duplication of services. 3.2 District Powers. In addition to the District Services described in Section 3.1, the District shall have all of the powers of a local marketing district as described in the Act. 4.0 FINANCIAL PLAN AND BUDGET 4.1 General Matters, Budget. The District's preliminary 2010 budget is attached hereto as Exhibit D, and is incorporated herein by reference. The specific line items identified in the budget, including "basic marketing activities," "related marketing activities," "winter marketing campaign," and "group sales initiative" are further described in Exhibit C. Following organization of the District by resolution of the City Council and approval of the formation of the District and District Tax by voters at the November 3, 2009 election, the Board of Directors of the District will formally adopt a budget for 2010 in compliance with the Colorado Local Government Budget Law, including the required public notice and hearing before the Board of Directors of the District. The Board shall take no formal action on the final 2010 budget unless and until voters have approved the formation of the District. The budgets for 2011 and subsequent years shall be incorporated into the District's annual Operating Plan submitted to the City for review and approval as required by Section 29-25-110, C.R.S. 4.2 Initial Election. The District shall hold an election on November 3, 2009 for the purpose of authorizing the formation of the District and authorizing the imposition of the District Tax. 4.3 District Tax. Contingent on the favorable outcome of the November 3, 2009 election, funding for the District Services will be provided through the imposition of a one percent (1%) marketing and promotion tax on the purchase price paid or charged to persons for rooms or accommodations as included in the definition of "sale" in Section 39-26-102(]1), C.R.S., and as further set forth and authorized pursuant to Section 29-25-112, C.R.S. Notwithstanding the foregoing, the definition of "sale" shall not include "the exchange of property as well as the sale thereof for money," as referenced in Section 39-26-102(10), C.R.S. 3 Revenues generated by the District Tax will be collected by the Colorado Department of Revenue (the "Department of Revenue") in a timely fashion, pursuant to and in accordance with Section 29-2-106, C.R.S., in order that the District Services identified in this Operating Plan may be funded and operational beginning as early as calendar year 2010. In accordance with Section 29-25-112(1)(b)(II), C.R.S., the Department of Revenue shall perform an annual analysis to determine the net incremental cost of the collection, administration and enforcement of the marketing and promotion tax, and shall retain an amount determined to be necessary to offset said incremental costs, except that such amount may not exceed three and one-third percent (3.33%) of the amount collected in any year. 5.0 ADMINISTRATION, OPERATION AND MAINTENANCE 5.1 General. The District shall be responsible for providing its own administrative operations and the District Services. District Services will be performed by District personnel or by contract or agreement with other governmental or non-governmental entities. Pursuant to Section 29-25-111(1)(j), C.R.S., the District shall be authorized to exercise all rights and powers necessary or incidental to or implied from the specific powers granted to local marketing districts by the Act. 5.2 Funding of Administrative and Operating Costs. The District's administrative and operating costs, including accounting and legal services, will be funded through the District Tax. As set forth in the preliminary budget attached hereto as Exhibit D, administrative and operating costs are expected to comprise a maximum of 5% of the District's overall budget. The majority of District funds raised by the District Tax will be spent on the provision of District Services. 6.0 MUNICIPAL OVERSIGHT OF DISTRICT ACTNITIES 6.1 Annual Operating Plan and Budget. The District shall submit to the City by September 30th of each year, an annual operating plan and budget describing its proposed budget for the next fiscal year in accordance with Section 29-25-110, C.R.S. This Operating Plan shall constitute the District's Operating Plan and Budget for 2010. The District shall submit its next operating plan and budget to the City on or before September 30, 2010, and by September 30th of each year thereafter. 6.2 Inclusions and Exclusions. Any proposed inclusions or exclusions of territory into or from the District shall be accomplished pursuant to and in accordance with Section 29-25- 113, C.R.S. 4 7.0 CONCLUSION It is submitted that this Operating Plan for the Aspen Local Marketing District meets the requirements of the Local Marketing District Act and that the District Services identified in this Operating Plan are those services which best satisfy the purposes of Part 1 of Article 25 of Title 29, C.R.S., as required by Section 29-25-107(4), C.R.S. It is further submitted that the formation of the Aspen Local Marketing District has a demonstrable public purpose, in that it will support and promote the continued vitality of the commercial interests located within the boundaries of the Service Area by providing a vehicle through which tourism promotion activities and related District Services may be funded on an annual basis moving forward. The creation and continued existence of the District will ensure that the Service Area and the related region remains a visible world class destination and remains competitive in terms of capturing tourist revenue in an increasingly competitive global tourism marketplace. 5 EXHIBIT A General Descri~fion of District Boundaries The Aspen Local Marketing District is bounded by Main Street running east from Fifth Street to Monarch, but including half of the blocks north of Main Street between Garmisch and Second streets; then north on Monarch past Clark's Market and including the Puppy Smith commercial buildings; then up Mill Street to the alley between Hopkins and Hyman, east down the alley to Original Street, south to Hyman and east again to West End, then north to Hopkins, east to Cleveland Street then south to Cooper Avenue. The Boundary runs west on Cooper to Original, up to Ute Avenue to include the Aspen Silverglow and Gant properties, then south to include the Aspen Alps properties, west along Aspen Mountain to include the Lift 1 area and the Shadow Mountain Condominiums, then north along Garmisch to Hyman, east along Hyman to include the St. Moritz Lodge, north on Third Street to Hopkins, west again to Fifth Street and north to Main Street. The Aspen Local Marketing District also includes the commercial buildings at the Aspen Meadows and Aspen Institute, and the commercial buildings and lodging at the base of Aspen Highlands. The area included approximates 186 acres. A specific map of the District Boundaries is attached. EXHIBIT B Map of District Service Area Boundaries EXHIBIT C District Services The services to be provided by the Aspen Local Marketing District are those certain services described in Section 29-25-111(1)(e), C.R.S., as more particularly described below: A. Organization, promotion, marketing and management of public events 1. Public and Special Events. The District may assist with funding special events in the Aspen downtown core aimed at adding vibrancy to the community and enhancing the visitor experience. The District may assist existing special events with organization, promotion, marketing, and management. B. Activities in support of business recruitment, management, and development 1. Public Relations. The District will focus on increasing the travel budget to host more journalists and television crews in and around the City of Aspen for targeted stories. The District will also focus on increasing participation in the Colorado Tourism Office ("CTO") and other media events in key markets, which events are deemed to support business development within the service area of the District. 2. Business Development, Film Commission. The District will consider developing a local film commission aimed at providing resources and support for companies interested in filming in and around Aspen, which will develop business within the service area of the District by generating revenue for local businesses and hotels. C. Coordinating tourism promotion activities 1. Basic Marketing Activities. The primary purposes of the District will be to assist and interface with the Aspen Chamber Resort Association ("ACRA") to coordinate tourism promotion activities, including but not limited to the following: • Increase advertising budget (print and online) within targeted media outlets in both the Denver Front Range market and other key feeder markets such as Houston/Dallas, Los Angeles, New York, Chicago and Atlanta. • To the extent practicable, advertising funds will be allocated to maximize effectiveness by complementing advertising done by CTO and ACRA. • Direct mail and email marketing campaign - to past visitors to the City of Aspen and surrounding area from the database of the Aspen Skiing Company ("ASC"), the Town of Snowmass Village ("TOSV"), Stay Aspen Snowmass ("SAS") and ACRA. • Further participation in CTO cooperative advertising opportunities and travel trade-show program. • Utilize additional media outlets that have been out of reach due to limited budget (radio, TV, Comcast, mobile applications). • Increase presence in the Denver/Front Range markets and other "driver" markets through advertising at existing Colorado Welcome Centers, AAA and other drive market providers and increased distribution of collateral materials. To the extent practicable, the District may consider funding billboard, direct mail and Internet campaigns. • Basic marketing activities of the District will consist of a combination of print advertising, online and email advertising, cooperative advertising, radio, television and mobile phone applications, public relations and special promotional efforts. 2. Related Marketing Activities. In order to complement and support the above basic marketing activities, the District may purchase high-end photography of spring, summer and fall images for website and marketing materials, may increase the travel budget for industry events and trade shows, and may consider the sponsorship of special events, public events, group business initiatives, production crews, or other complementary activities. The District will also focus on increasing the web presence of marketing efforts through targeted email campaigns, database management and strengthening web based tracking mechanisms. All related marketing activities of the District will be aimed at promoting and attracting more visitors to the Aspen area. 3. Winter Marketing Campaign. ACRA has historically focused on non-winter marketing due to its limited budget. The District will focus on tourism promotion activities aimed at including a "winter component" to current marketing efforts. The District will work with ASC, SAS, TOSV and ACRA to complement current campaigns and will focus outreach on increasing the visibility of winter activities (other than skiing) that take place in and around the service area of the District during the ski season. 4. Group Sales Initiative. The District will focus on increasing the marketing budget for Aspen groups to include strategic marketing campaigns aimed at corporate, association, group travel, and destination weddings, including but not limited to the following: (a) increase presence and sponsorship at meeting industry events and trade shows; (b) fund the development and distribution of additional collateral marketing materials to include wedding planner and meeting planner guide; and (c) funding additional advertising in meeting media. Pursuant to Section 29-25-111(1)(d), C.R.S., the District may enter into contracts or agreements with ACRA or other third parties to provide, or assist with providing, any of the services outlined in this Exhibit C. Note: No revenue collected from the marketing and promotion tax levied under Section 29-25- 112, C.R.S. may be used for capital expenditures, with the exception of tourist information centers. EXHIBIT D 2010 Budget (preliminary) ASPEN LOCAL MARKETING DISTRICT 2009 YTD 2010 Revenues and Budget Projected Marketing and promotion 0 1,000,000 taxes Other 0 0 Total: Expenditures Marketing Programs (Basic Marketing Activities and Related Marketing Activities) Public and Special Events, Public Relations Winter Marketing Campaign Group Sales Initiative Miscellaneous Management / Administrative and Operating Costs Legal Accounting /Audit Insurance Contingency Emergency Reserve 0 1,000,000 0 513,500 0 100,000 0 200,000 0 75,000 10,000 50,000 0 8,000 0 8,000 0 500 0 5,000 0 30,000 Total: 0 1,000,000 ' Estimated revenue based on proposed one percent (1%) marketing and promotion tax imposed and collected in accordance with Section 29-25-112, C.R.S. ' I .~~ ~~~ ~~ LL ~~ ~~d ~ ~ ~ ~ ~~ ~ E 1 ~~ E oy VoS~i ^ ~ ~ n~~s _ 1.~ N )Ar 91r9N V o r ~L d 5 y~er uaN31F7Ms ~_ ' i ~ - ~l ~ N ~~ ~ ~ W ~ ~ Y ~ m ~ ~~` t0 ~ ~ 'i! ~ 16 it -- ~ o m m ~ '~' 19 ONIWSN 19 OMW9f r;it~i 6~tl ~/i n ~~ ! moo. ' oy @ n.;~p S lp Y61NlIH p f ~ ~ ~ ~ _. ~ °~. 4 a a9 rN6iro a .s firy. j e°~ i : J'~ \ ] p ~ I ~m `J U 11AY 9 0 0 ~y, /J 1i ~ ~ ~ J ~ ~ Lo i ryes 4 S ~ } ~fy i ao ~Q N r pJ ~ N ~ ~ ~ i • O 0*Y W ' a~% e8~ +~~~ 19 NONYN0119 ,V °~. p o ' ~. s, ~ ~ °°<o, ~ s ~~~eee - c ~ ~ ~ ~ s o) ~p !9 M3i9Y N _ ~ w ~ (`S4 19 N9A9Yi ~~ ~0` i ~ +~ v0 • . ,F" 3y ~ 4+oO kj J [jF • /ayp ! `''' '`J o. ffi ~ ~ tl OM ~o 19 NOiIWtlYOt • ~,t` `+:.~ 1 nJ • i ` y 8 '". ~ ~ ~' s ~ a~a ~ 9: 3 7 •QO) I 1II 111N T Yp a lp 16l 6 1 ~ 4 i ~~~ ~ 14 r i e y` 1 ~ ~ ~ `~ •~ ~ o-p ~~p U 011[ X !~G i 1p OMp n y E NE 6o-i 4pS i B~~ ~EA L, ~ ~~i 19 0Nt N f ~O 16 OOG f D.Y IiNLN ti~,6 li NU i p `o ~p a 1JP W ~0~ '^ 16 NLG N 1 1 sl°' 3 e W w 151119ry _ ~ V3 a p o~ `~ ~~ M9A0~ O u NB1N 5i N ~_ i ~J i iV/ 4tOF' ~ ~ Tv s O N ~ C R N d ~ I?/t/R n ..ncEN oN .C _. .:'1 W Page 1 of 1 Kathryn Koch From: Susan Hamley [shamley@snowmasstourism.com] Sent: Monday, August 10, 2009 2:06 PM To: Kathryn Koch Cc: dbraun@aspenchamber.org; jtheisen@aspenchamber.org; warren@aspensquarehotel.com Subject: ALMD Hi, Kathryn! Hope you're doing well. As an ACRA Board member and Aspen/Snowmass marketing partner, I'd like to state for the record this evening: The Town of Snowmass Village passed a 2.5% marketing & special events tax in 2002 and a 2.4% lodging tax towards group sales in 2005. When we started that represented about $3.5MM, and as a result of additional marketing spend, in 2008 our sales tax revenue/budget grew to well over $SMM. This infusion of funding was essential in helping to get our name out in the marketplace and to generate business. While Aspen is an internationally recognized resort, that alone isn't enough to reward loyal guests to return or to encourage new trial. Now, more than ever, tourism dollars are needed to communicate key messages about visiting Aspen, such as the tremendous values, world-class events & amenities, and convenient access. Our competition is spending more ... we need to make sure we don't fall behind in share of voice. Additional marketing is needed to help keep Aspen businesses and locals -those who deliver the appealing experience to our guests which impacts visitation -- healthy and employed. Please support the ALMD request. Thank you, Susan Hamley Snowmass Tourism Director shamley@tosv.com 970-922-2296 '9 Page 1 of 1 Kathryn Koch From: Don Sheeley [aac@rof.net] Sent: Monday, August 10, 2009 2:03 PM To: Kathryn Koch Subject: Marketing District To the Honorable mayor and city council. Since I will not be able to attend your meeting, I would like to voice my support of the new marketing district. For years, Aspen has been the envy of all major ski resort. It is surprising to me that we have done so much with so little marketing money. Well, times have changed. In a down economy, it is so important to up the marketing and marketing dollars. History has shown that those who continue to boost their marketing during down times are the first to emerge in the recovery. I ask that you support this district. Tax dollars, services, transportation, small businesses and the economic vitality of our f ne town and community depend upon this. If you look at other resorts, Aspen has been at the bottom in terms marketing dollars spent. Let us be pro-active and show the world what we offer. Thank-you Donald K. Sheeley 8/10/2009 Page 1 of 1 Kathryn Koch From: Mark Elias [mark.elias@hotmail.com] Sent: Monday, August 10, 2009 3:54 PM To: Kathryn Koch Subject: Aspen Local Marketing District Dear Aspen City Council, I support the proposed Aspen Local Marketing District and would just ask that you reevaluate the 5-year sunset clause. At a minimum 10 years makes more sense. I do not live inside the district and do not feel disenfranchised by not being able to vote on the issue. Thank you, Mark Elias Aspen Get back to school stuff for them and cashback for you. Trv Bing now. 8/10/2009 Page 1 of 1 Kathryn Koch From: Victoria Caras [vcaras@concentric.net] Sent: Thursday, August 13, 2009 7:00 PM To: Kathryn Koch Subject: Aspen Local Marketing District Dear Aspen City Council, I want to express my strong support of the Aspen Local Marketing District. In a challenging national economy, it is all the more important to market Aspen so that our local economy remains as vibrant as possible. We are one of the premier resorts in the US and will continue to draw visitors so long as we have excellent marketing, which must be funded to function. I feel that the Aspen Chamber is doing an excellent job with the limited marketing resources they have and would utilize additional funds well. Although I live in Aspen, I do not live in the District and I, like many others, will be the beneficiaries. Not only do I not feel disenfranchised, but fortunate that we have an active organization creating a Marketing District that will benefit us all. Victoria Caras Aspen, CO 970-379-2292 vcaras@concentric. net 8/14/2009 Page 1 of 1 Kathryn Koch From: Kip Hubbard [kip@aspenhistory.org] Sent: Tuesday, August 18, 2009 11:33 AM To: Kathryn Koch Subject: Local marketing district Hi Kathryn, After speaking at some length with Warren Klug, as a member of the local non-profit community, the Aspen Historical Society supports the Aspen Lodging Association and ACRA in the formation of a local marketing district. Best regards, Kip Hubbard Deputy Director Aspen Historical Society 620 West Bleeker Street Aspen, CO 81611 970.925.3721, extension 105 970.925.5347 fax de putydi rector@aspenhistory.org www.aspenhistory.org "Whatever you can do, or dream you can, begin it. Boldness has beauty, magic and power in it" Goethe `'~ Please consider the environment before printing this e-mail ^" 8/18/2009 Page 1 of 1 Kathryn Koch From: scottgordon@alpinebank.com Sent: Tuesday, August 18, 2009 3:43 PM To: Kathryn Koch Subject: ALMD support Dear City Council Members: I am writing in support of the Aspen Lodging Association and the Aspen Chamber Resort efforts to establish an Aspen Local Marketing District (ALMD). I do not personally reside in the ALMD, so I cannot vote on the referendum. I do however feel I am a stake holder in the success of our lodging community and our broader economic community. The ALMD will provide a consistent source of funds to be utilized towards getting our message out to clients. This effort should help maintain repeat guests and attract new guests to our community. While I cannot speak directly on behalf of all local non profits and other business organizations, all of us will benefit by having a consistent level of guests in our community. I hope you join us in supporting the ALMD effort. Scott B.Gordon President-Alpine Bank Aspen 970.429.2107 direct phone x 2107 internal extension 970.366.1011 cell 970.920.3781 fax scottgordon@alpinebank.com http://www.alpi nebank. com Alpine Bank Aspen 600 East Hopkins Aspen, CO. 81611 Please consider the environment before printing this email. This communication is covered by the Electronic Communication Privacy Act. It may contain 8/18/2009 8/19/09 RE: Aspen Local Marketing District Dear City Council members, Thank you for considering the ALMD lodging tax. I believe this proposal warrants approval for the following reasons: • This additional 1% brings the room tax up to (approximately) the national average • There is consensus amongst the lodging community and therefore an investment to make it work • This small tax will have a large impact on the entire community as they ancillary services. Its effect will be felt far beyond 'heads in beds'. • My passion and professional purpose is to help young professionals work live and stay in the valley. Increased jobs (especially good ones) can make or break this goal. • District support is a great way to start; it can always be expanded to a city-wide vote if appropriate. Thank you for your consideration, Kim Moore Director Sales/Marketing The Aspen Club and Spa VP-Aspen Young Professional Association RE: Aspen Local Marketing District Dear City Council members, Thank you for considering the ALMD lodging tax. I believe this proposal warrants approval for the following reasons: • This additional 1% brings the room tax up to (approximately) the national average • Therein consensus amongst the lodging community and therefore an investment to make it work • This small tax will have a large impact on visifersrthe entire community as lodges ~ieH-pares aad-refer ancillary services. Its effect will be felt far beyond 'heads in beds'. • My passion and professional purpose is to help young professionals work, live and stay in the valley. Increased jobs (especially good ones) can make or break this goal. • District support is a great way to start; it can always be expanded to a city-wide Beal vote if appropriate. IXa RESOLUTION NO. "' (Series of 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN AT THE NOVEMBER 3, 2009, SPECIAL ELECTION AN ADVISORY QUESTIONS REGARDING INSTANT RUNOFF VOTING. WHEREAS, the City Council is authorized pursuant to Section 5.7 of the Aspen Home Rule Charter to, on its own motion, submit questions to a vote of the electorate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CTI'Y OF ASPEN, COLORADO, THAT: Section 1. The following question relating to Instant Runoff Voting shall be placed on the ballot at the November 3, 2009 election: Shall the City of Aspen Retain Instant Runoff Voting Procedures for the Election of Mayor and City Council Members? Yes: No: INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of Aug st, 2009. Michael C. Ireland, Mayor RESOLUTION NO. (Series of 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CTfY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN AT THE NOVEMBER 3, 2009, SPECIAL ELECTION AN ADVISORY QUESTIONS REGARDING INSTANT RUNOFF VOTING. WHEREAS, the City Counci] is authorized pursuant to Section 5.7 of the Aspen Home Rule Charter to, on its own motion, submit questions to a vote of the electorate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. The following question relating to Instant Runoff Voting shall be placed on the ballot at the November 3, 2009 election: Do you support the retention of Instant Runoff Voting Procedures for the Election of Mayor and City Council Members? Yes: No: INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of Au ust, 2009. Michael C. Ireland, Mayor