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HomeMy WebLinkAboutagenda.council.regular.20120924 CITY COUNCIL AGENDA September 24, 2012 5:00 P.M. I. Call to Order II. Roll Call III. Scheduled Public Appearances a) Support for Thompson Divide Coalition IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Minutes — August 27, September 4, September 10, 2012 b) Resolution #89, 2012 — Contract — Ute Avenue Utility Improvement Project C) Resolution #90, 2012 — Contract Vehicle for Asset -Glenwood Springs Ford d) Resolution #91, 2012 — Contract Vehicle for Water - Bighorn Toyota e) Grant Request—Aspen International Mountain Foundation f) Resolution #92, 2012 — Contract Thomas Reservoir Tree Removal g) Resolution #93, 2012 — Contract — Hunter Creek Trail Extension Crossing VII. First Reading of Ordinances a) Ordinance #24, 2012 — Source Gas Franchise P. H. 10/9 VIII. Public Hearings IX. Action Items X. Adjournment Next Regular Meeting October 9, 2012 COUNCIL'S ADOPTED GUIDELINES • Stick to top priorities • Involve others in community problem solving • Be thorough, deliberate and accountable for consequences when making decisions COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. September 24, 2012 The Honorable Michael Bennet United State Senator 1127 Sherman St., Suite 150 Denver, Colorado 80203 Senator Bennet, The City of Aspen supports the efforts of the Thompson Divide Coalition (TDC) to secure protections from oil and gas development on federal lands in the Thompson Divide Area.As you know, the TDC represents a broad-based group of local ranchers, farmers, hunters, anglers, recreationalists, and local governments, formed to address mutual concerns regarding existing oil and gas leases on public lands in the Thompson Divide area. The Thompson Divide Area is defined by abundant wildlife and wildlife habitat; essential watersheds, and historic grazing rights for local ranches that provide significant economic, agricultural, and social values to this small region of the state. We are concerned that the area's clean water, rural and agricultural heritage, and recreational and sporting activities could be negatively impacted by oil and gas development. Having reviewed a discussion draft of the "Thompson Divide Withdrawal and Protection Act,"we recognize that the proposed legislation does not affect existing uses or property rights, including current natural gas leases, and request that you introduce the bill during this session in order to move this effort forward. Thank you for your efforts on behalf of the people of Colorado.We look forward to working with you on this issue in the weeks and months to come. Sincerely, Michael C. Ireland, Mayor City of Aspen V1 b MEMORANDUM TO: Mayor and Council FROM: Garrett Sabourin, Project Manager, Engineering Dept THRU: Tyler Christoff, P.E., Senior Project Manager Tricia Aragon, P.E., City Engineer DATE OF MEMO: September 17, 2012 MEETING DATE: September 24, 2012 RE: 2012 Ute Avenue Utility Improvements Contract Approval SUMMARY: Staff recommends Council approve the Ute Avenue Utility Improvements Project contract with Aspen Digger, Inc. in the amount of$243,615.00. DISCUSSION: The 2012 Ute Avenue Utility Improvements Project combines the upgrades of storm sewer and water main along a section of Ute Avenue. The 2001 City of Aspen Drainage Masterplan identifies conveyance upgrades required to ensure the health and safety of the public. The existing Ute Avenue storm sewer system is undersized and unable to convey large storm runoff events. This lack of capacity has flooded parts of Ute Avenue and adjacent properties during minor rainfall events. The proposed storm sewer upgrade will boost conveyance while improving the overall safety to the surrounding community. Upgrades to the Ute Avenue water main will address water demand in the surrounding area and eliminate stormwater infrastructure conflicts during construction. By combining these two infrastructure projects the City will gain economies of scale, limit utility service disruption, and mitigate construction impacts. The 2012 Ute Avenue Utilities Improvements was advertised for bid on August 22, 2012. One bid was received and opened on September 05, 2012. The Bid was received from one Contractor as seen below: Aspen Digger, Inc. $243,615.00 Aspen Digger, Inc. was the only responsible bidder. Staff recognizes this bid as being competitive and within the engineering estimates set forth for the project. BACKGROUND: Aspen Diggers Inc. has experience in various City infrastructure improvement projects and has performed well in previous contracts. Staff recommends that the City award the final construction contract to this vendor. FINANCIAL IMPLICATIONS: Funding Stormwater Budget $125,000.00 Water Main Budget $140,000.00 TOTAL $265,000.00 Expenditures Aspen Digger, Inc. Construction Bid $243,615.00 Contingency $ 21,385.00 TOTAL $265,000.00 RECOMMENDATION: Staff recommends council approve the Ute Avenue Utility Improvements contract with Aspen Digger, Inc. in the amount of$243,615.00. PROPOSED MOTION: "I move to approve Resolution No. , Series of 2012." CITY MANAGER CO MENTS: eu ATTACHMENT A—Contract with Aspen Digger, Inc. RESOLUTION # (Series of 2012) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND ASPEN DIGGER INC, SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE UTE AVENUE UTILITY IMPROVEMENTS PROJECT 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 Aspen Digger, 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 Aspen Digger, Inc regarding Ute Avenue Utility Improvement Project, 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 September 24th 2012 Kathryn S. Koch, City Clerk The City of Aspen CONTRACT FOR CONSTRUCTION City fluerney'sOffice THIS AGREEMENT, made and entered into on September 14,2012 by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Aspen Digger. Inc. I , hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Ute Avenue Utility Improvements and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract for Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice to Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Two Hundred Forty Three Thousand Six Hundred Fifteen ($243,615.00 ) DOLLARS or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the CC1-971.doc Page 1 "CC1 Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract for Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract for Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract for Construction. CC1-971.doc Page 2 "'CC1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract for Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract for Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By: Title: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: By: City Engineering Department City Attorney ATTE D BY- CONTRACTOR: THE AsPEA/ ,E/tc e i1 , , AiL. By: — Title: P fS[DEUa Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. M-971.doc Page 3 "CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF Cot-oRA �o ) SS. COUNTY OF 66Ki--let-0 ) On this 4th day of SEP'T�(,4f)- 20 12—, before me appeared PI2�}rl/z % S'TDAJ , :&7 to me personally known, who, being by me first duly sworn, did say that s/he is Pi1E5 i,QEt/T of '� �4 e set%,/ [ )16c mac, 1njL and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. Notary Publ' Eam 3.CORCOPMAN NTMYFNUC SA�of COLOU o Address am My commission expires: CC1-971.doc Page 4 "CC1 Certification and Supplemental Conditions to Contract for Services - Conformance with §8-17.5.101, et seg. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens— Public Contracts for Services." This new law prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to comply with the requirements of this new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208. 104th Congress, as amended, and expanded in Public Law 156, 108th Congress. as amended,that is administered by the United States Department of Homeland Security. "Contractor" means a person having a public contract for services with the City of Aspen. "Public Contract for Services" means any type of agreement, regardless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.: By signing this document. Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien: and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: 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 verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens: and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services. Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. 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 City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting 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 cease 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. 7. 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 City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated. Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8- 17.5-102, C.R.S. Public Contract for Services: a' AVF&/uF QTY �i�.j�r G(:' 1�1��11TS 2012 -16V Contractor: /HE 66--4W, /i/( By: Title: JPW-saved:9/2412012-867-M\citN\cityatt,v,,coiitract\forms\certificatioiI-hb-06-1343.doe LIQUIDATED DAMAGES .for FAILURE TO COMPLETE THE WORK ON TIME The undersigned contractor declares his/her full awareness of the content and terms of this contract and affirms that the contractual time is the period mentioned in the contract Specifications plus the time extension(s), if any, granted by the City of Aspen for successful completion of project. T he undersigned contractor further acknowledges he/she understands and agrees to liquidated damages to be deducted from moneys due to him/her for any delayed calendar day beyond the total time at the rate of$1,000.00 per day. This amount and the total allowed time by the City shall not be negotiable under any conditions. Attest: Corporate Seal SFr AJ [/1 C;( �� ��C-• Contractor By: I STATE OF COLORADO ) FkkAjZ 1: SS. COUNTY ) Before me Ott �1 , a notary public and for �9�C�i`FZ �n� c" County, Colorado personally appeared �if�xn zo< ,c known to 2 me personally to be the person(s) whose signature(s) in my presence this /oZ- day of A.D. 2012. My commission expires: (S a MDTNIY RUX N t y Public 1W 0 1.11-971.doc. *LD 1 The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five(25) Percent of the total bid. By signing this document, Contractor certifies and represents that at this time: (1) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. I hereby acknowledge receipt of ADDENDUM(s) numbered 1 through I ESTIMATED QUANTITY LIST UNIT TOTAL BID ITEM DESCRIPTION UNIT QUANTITY COST 'RICE Materials Testing LS l $4275.00 $4275.00 Water Line Testing LS 1 $730.00 $730.00 Removal of Asphalt Mat SY 560 $5.00 $2800.00 Removal of Temporary Asphalt SY 400 $9.50 $3800.00 Removal of Sidewalk SY 192 $6.00 $1152.00 Removal of Concrete Pavement SY 20 $53.20 $1064.00 Removal of Curb and Gutter LF 230 $6.00 $1380.00 Reset Structure (Grate- Private Drive) EA 1 $663.00 $663.00 Reset Structure(Traffic Sign) EA 3 $158.00 $474.00 Reset Structure(Landscape Materials) LS 1 $3733.00 $3733.00 Reset Structure(Snowmelt Material) LS I $900.00 $900.00 Unclassified Excavation CY 10 $90.00 $900.00 Rock Excavation DAY 1 $2937.00 $2937.00 Riprap Energy Dissipater(18 Inch) CY 25 $176.00 $4400.00 Hot Mix Asphalt(Roadway) SY 560 $52.00 $29120 Temporary Asphalt Restoration SY 400 $23.00 $9200.00 Bituminous Sidewalk SY 192 $36.00 $6912.00 Concrete Pavement - Private Drive SY 20 $270.00 $5400.00 Curb and Gutter Type 2 (Section I1-13) LF 230 $41.00 $9430.00 BPI-971.doc 'BPI Page 1 ntractoft Initials MH 4 foot Dia(5 FT) EA 2 $2785.50 $5571.00 Curb Inlet EA 1 $2687.00 $2687.00 Double Gutter Inlet Grating and Frame EA 1 $1995.00 $1995.00 Gravity Headwall EA 1 $5905.00 $5905.00 30 Inch C905 PVC Pipe LF 255 $179.00 $45645 8 Inch SDR 26 PVC Pipe LF 54 $59.00 $3186.00 Fernco Coupling 1002-88 (8" clay x 8" PVC) EA 2 $97.50 $195.00 12 Inch Ductile Iron Pipe LF 318 $125.00 $39750 8 Inch Isolation Valve EA 1 $1024.00 $1024.00 12 Inch Isolation Valve EA 3 $2503.00 $7509.00 12 Inch 90 Degree Bend EA 1 $479.00 $479.00 12 Inch Cross EA 1 $789.00 $789.00 12 Inch by 8 Inch Reducer EA 1 $105.00 $105.00 12 Inch by 6 Inch Reducer EA 2 $105.00 $210.00 Erosion Control LS 1 $986.00 $986.00 Temporary Sanitary Sewer Service LS 1 $500.00 $500.00 Temporary Water Control DAY 2 $1000.00 $2000.00 Temporary Water Service LS 1 $800.00 $800.00 Potholing DAY 1 $2500.00 $2500.00 Mobilization L.S 1 $5050.00 $5050.00 Construction Zone Traffic Control DAY 18 $1500.00 $27000 TOTAL BID IN NUMBERS: $243,615.00 Total Bid in Words: ,�_�� 1` 1 acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer: /qua,g 'Ga e Title: Aes%dtk r Full name signature: BP1-971.doc 'BPI Page 2 Contractor's Initials vt MEMORANDUM TO: Mayor and City Council FROM: Jerry L. Nye, Superintendent of Streets THRU: Randy Ready,Asst. City Manager DATE: September 11, 2012 DATE OF MEETING: September 24,2012 RE: Vehicle Replacement Contract Approval 2012-099 REQUEST OF COUNCIL: Staff recommends approval of the contract 2012-099 for the fleet replacement of one Ford Escape that will be a shared vehicle between the Capital Asset and Environmental Health Departments. PREVIOUS COUNCIL ACTION: The 2012 Asset Management Plan contains the funds for this fleet replacement purchase. City Council approved the 2012 Asset Management Plan as part of the 2012 Budget. BACKGROUND: This purchase is the result of a competitive bid process in which Glenwood Springs Ford was the lowest responsive bidder with the Ford Escape. The Toyota Prius and the Ford Ranger pickup that are being replaced are both beyond the 5 year, 60,000 mile replacement criteria. The new vehicle will be put on a 5 year, 60,000 mile replacement cycle and be reassessed at that time. DISCUSSION: As part of this year's fleet replacement we will be replacing two older vehicles with one versatile vehicle that can meet the needs of both the Capital Asset and Environmental Health Departments. The Capital Asset Department has a 2000 Ford Ranger pickup and the Environmental Health Department has a 2001 Toyota Prius. We will be replacing these with a Ford Escape that will be a shared vehicle between the two departments. The 2000 Ford Ranger still has some useful life for short trips around town, and will be transferred to the Golf Department to replace a 1995 Ford Ranger pickup. The 2000 Ranger pickup will help out the Golf department by getting them into a more reliable vehicle for the next couple of years. The old truck from Golf and the Prius from Environmental Health will be put on the City Surplus auction site to be auctioned off. Page 1 of 2 FINANCIALBUDGET IMPACTS: The General Fund had budgeted$24,500 for this purchase. The contract price for this vehicle is $22,807.00. The Prius and the older Ford Ranger will be auctioned off on the City surplus auction site and the funds from those auctions will be returned to the General Fund. ENVIRONMENTAL IMPACTS: The new Ford Escape will come with the new 1.6 liter 4 cylinder Eco Boost engine. Ford has discontinued its Hybrid Escape model, and is going with the Eco Boost. The Eco Boost engine still has the 30 MPG rating that the hybrid had, but it costs approximately $7,000 less. Furthermore, by replacing two vehicles with this one vehicle purchase that will require scheduling coordination between the two departments, there will be some additional reduction in fuel consumption and carbon emissions. RECOMMENDED ACTION: Staff recommends council approval of contract 2012-099 for the purchase of one Ford Escape for the Environmental Health and Capital Asset Departments. PROPOSED MOTION: "I move to approve Resolution# of 2012 on the consent calendar of Monday, 12012. CITY MANAGER COMMENTS: ',(�t ,� ��,�Q Qr, d? .r -�i�•� `; ATTACHMENTS: Page 2 of 2 RESOLUTION # (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GLENWOOD SPRINGS FORD AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for a 2013 Ford Escape 4x4 vehicle, between the City of Aspen and Glenwood Springs Ford, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for 2012 Ford Escape 4x4 vehicle, between the City of Aspen and Glenwood Springs Ford, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 10th day of September 2012. 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, September 10, 2012. Kathryn S. Koch, City Clerk The City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT ' SUPPLY PROCUREMENT City of Aspen Project No.: 2012-099. AGREEMENT made as of 10°i day of September, in the year 2012. BETWEEN the City: Contract Amount: The City t>t Aspen C/0 Streets/Fleet 130 South Galena Street Total: $22,807.00 Aspen. Colorado 81611 Phone: (970) 920-5055 If this Agreement requires the City to pay And the Vendor: an amount of money in excess of $25,000.00 it shall not be deemed valid Glenwood Springs Ford until it has been approved by the City Council of the City of Aspen. c/o Bruce Klein 5J Storm King Rd City Council Approval: Glenwood Springs, Colorado 81601 Phone: 915-2317 Date: Resolution No.: Summary Description of Items to be Purchased: One 2013 Ford Escape 4x4 vehicle Exhibits appended and made a part of this Agreement: Fxhibit A: 1-ist of'supplies, equipment, or materials to be purchased. The City and Vendor agree as set forth below. I. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2. Delivery. (FOB 1080 Power Plant Road, Aspen, CO 8 161 1.) [Delivery Address] 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. (per manufacturer). 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8. 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. ll. Certification Rei,,ardina 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 Against Contingent Fees Gratuities Kickbacks and Conflicts of Interest. (A)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. (B)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. (C)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. (D)In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: I. 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 using 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. [SIGNATURES ON FOLLOWING PAGE] FOR THE CITY OF ASPEN: ATTEST: By: City Manager City Clerk VENDOR: GLENWOOD SPRINGS F By: Title ' 4 BID PROPOSAL FORM PROJECT NO. : 2012-099 BID DATE: PROJECT: Purchase of a Small 5 Passenger 4x4 SUV PROPOSAL SUBMITTED BY: Vendor's Name CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for SixtV (60) Consecutive Calendar days from the date of bid opening. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City,to waive any informalities or to reject any or all bids. By signing this document, Contractor certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii)Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. I hereby acknowledge receipt of ADDENDUM(s)numbered through BP1-971.doc 'BP1 Pa e 1 Contractors Initials Minimum specifications must be met in order for the bid to be considered: ITEM DESCRIPTION RESPONSE General The City of aspen expects to receive bids for a new year _niodel, small SUV similar or equivalent to the Ford Escap GMC Terrain ✓ Engine min cyl 4 Min disp 1.61- e-e-0 boos T. Transmission Automatic ✓ 4 X 4 YES Brakes 4 wheel ABS Power Wheel Base Standard Fuel Tank 14 gal min Primary Fuel Unleaded ✓ Air Cond. YES ✓ Tilt wheel YES ✓ Cruise Control Yes ✓ Wipers Intermittent Mirrors Left and right,controlled from inside vehicle, Floor mats Front and rear Seats Front bucket,rear bench,cloth ✓ Radio Standard �✓ 4 Door model YES Tires Bid standard for your product. All season radial. Enter size bid here ? 3 5 55 ✓L 17 ct 5, Color Vehicle=White, Warranty All standard warranties,published or implied are assumed to be included in the bid price. Any additional or extended warranty options which you may wish to offer,shall be listed separately with associated costs,within the sealed bid envelope,but not included in your actual bid price. Fuel ratings Please list the EPA fuel ratings for the vehicle that you have bid -<� M.P.G City -3a M.P.G Highway Delivery Estimated time of delivery Hybrid option Please list if there is a hybrid option for the vehicle bid and cost and availability associated but do not include this price in your base bid. i I 00 Total Bid in Numbers: Total Bid in Words: C e),�✓�c,� �i J ' O , I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer: Al u C-e Title: Full name signature: / Company address: 57 J- ��h r /�✓' Telephone number: Email: Attested by: R i s i BP1-971.doc *Bpi Page 3 Contractors Initials I MEMORANDUM TO: Mayor and City Council FROM: Jerry L. Nye, Superintendent of Streets THRU: Randy Ready, Asst. City Manager DATE: September 11,2012 DATE OF MEETING: September 24, 2012 RE: Vehicle Replacement Contract Approval 2012-097 REQUEST OF COUNCIL: Staff recommends approval of the contract 2012-097 for the fleet purchase of one all-wheel drive Toyota Sienna passenger van for the Water Department. PREVIOUS COUNCIL ACTION: The 2012 Asset Management Plan contains the funds for this fleet purchase. City Council approved the 2012 Asset Management Plan as part of the 2012 budget. BACKGROUND: This purchase is the result of a competitive bid process in which Bighorn Motors in Glenwood Springs was the lowest responsive bidder for the Toyota Sienna all-wheel drive passenger van DISCUSSION: As part of this year's fleet replacement plan, the Water Department had a 2004 Ford Explorer to be replaced. With the Department growing in size, they are currently carpooling with a Toyota Highlander and at times with the Ford Explorer. Staff would like to keep the commuting down to a one vehicle vanpool with a vehicle that can serve additional purposes during the day in town. The Toyota Sienna van will be a good fit for these purposes since it has the capability to carry up to 8 people, yet still remains small enough for office staff to use for trips into town. Staff will keep the Explorer for an additional vehicle to be used for short trips, but it will be taken off the replacement schedule. The Highlander was due to be replaced in 2013, but staff will push that replacement out to 2014 since it will be better utilized for the short trips here in town, thereby keeping the mileage down. Page 1 of 2 FINANCIALBUDGET IMPACTS: The Water Department has $37,748.00 remaining in its fleet replacement budget for this year. The Toyota Sienna passenger van came in at $29,780.00. This vehicle will be put on a 5 year 60,000 mile replacement cycle and be evaluated at that time. The Ford Explorer that the department will be keeping will be taken out of the replacement cycle and kept until it is deemed no longer economical to maintain. ENVIRONMENTAL IMPACTS: The van comes with a standard 3.5 liter V6 engine in the all- wheel drive model. It has a fuel rating of 22 mpg. By going with the passenger van, it will accommodate all the vanpooling passengers that currently require two vehicles. By purchasing this van, all of the emissions from the 2nd vehicle will be eliminated. RECOMMENDED ACTION: Staff recommends council approval of contract 2012-097 for the fleet purchase of a Toyota Sienna passenger van for the Water Department. PROPOSED MOTION: 91 "I move to approve Resolution# of 2012 On the consent calendar of Monday, 2012 CITY MANAGER COMMENTS: ATTACHMENTS: Page 2 of 2 RESOLUTION # (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND BIG HORN TOYOTA AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for 2013 Toyota Sienna A" Van, between the City of Aspen and Big Horn Toyota, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for 2013 Toyota Sienna A" Van, between the City of Aspen and Big Horn Toyota, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on theth day of September 2012. 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, September,, 2012. Kathryn S. Koch, City Clerk ��l The City of 11spen CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2012-097. AGREEMENT made as of 100' day of September, in the year 2012. BETWEEN the City: Contract Amount: The City of Aspen c/o Street/Fleet Department 130 South Galena Street Total: $29,780.00 Aspen, Colorado 81611 Phone: (970)920-5055 If this Agreement requires the City to pay And the Vendor: an amount of money in excess of $25,000.00 it shall not be deemed valid Bighorn "Toyota until it has been approved by the City c/o Ed Rosenberg Council of the City of Aspen. 152 West 6th Street City Council Approval: Glenwood Springs, CO 81601 Phone: 970-945-6544 Date: Resolution No.: Summary Description of Items to be Purchased: 2012 Toyota Sienna AWD n aL Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. The City and Vendor agree as set forth below. 1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2. Delivery. (FOB 1080 Power Plant Road, Aspen, Colorado 81611.) [Delivery Address] 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. (Manufacturer's warranty applies). 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained,to be performed, kept and observed by the other party. 8. Aueement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11. Certification Regarding Debarment, Suspension, Ineli ig bility, 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 Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (A)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. (B)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. (C)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. (D)In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a 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 using 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. [SIGNATURES ON FOLLOWING PAGE] FOR THE CITY OF ASPEN: ATTEST: By: City Manager City Clerk VENDOR: BIGHORN TOYOTA By: Title BID PROPOSAL FORM PROJECT NO. : 2012-097 j I BID DATE:August 20,2012 PROJECT: Purchase of One Toyota Sienna AWD Van- PROPOSAL SUBMITTED BY: CONTRACTOR CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen,Colorado ` ,I The undersigned responsible bidder declares and stipulates that this proposal is made in good faith,without { collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the date of bid opening. 1 The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. By signing this document, Contractor certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii)Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. I hereby acknowledge receipt of ADDENDUM(s)numbered through BP1-971.doc *BPI Pagel Contractor's Initials 3 I i I M t TECHNICAL SPECIFICATIONS AND BIDDER'S RESPONSE CITY OF ASPEN BID NO.2012-097 ITEM DESCRIPTION RESPONSE General The City of aspen expects to receive bids for a new year model,Toyota Sienna all wheel drive van �! Model LE Transmission Automatic All wheel drive YES S Brakes 4 wheel ABS Power Zto Wheel Base Standard Fuel Tank standard Primary Fuel Unleaded Air Cond. YES Tilt wheel YES Cruise Control Yes Wipers Intermittent Mirrors Left and right, controlled from inside vehicle, s Floor mats Front and rear Seats cloth Ve Radio Standard Sliding side door YES Tires Bid standard for your product. All seasor},rad* I. Enter size bid here_ P 2 3.�/ <� (•C I S Color Would prefer white if available.we do not want the Black, south pacific pearl or the Salsa Red Pearl. Warranty All standard warranties,published or implied are assumed to be included in the bid price. Any additional or extended warranty options which you may wish to offer, shall be ���s listed separately with associated costs,within the sealed bid envelope, but not included in your actual bid price. Fuel ratings Please list the EPA fuel ratings for the vehicle that you have bid �M.P.G City M.P.G Highway BP1-9i i.uut; Page 2 Contractor's Initials I Delivery Estimated time of delivery �I A. Av Total Bid in Numbers: C') Total Bid in Words: ;k,/ a J-QJ 1141 r I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer: T C , Title: Q _ Full name signature: Company address: w' ��, Telephone number: Email: v. FiA a,m Attested by: BPI-971.doc 'BPI Page 3 Contractor's Initials THE CITY OF ASPEN MEMORANDUM V1 TO: Mayor and Council FROM: R. Barry Crook, Assistant City Manager DATE: September 17, 2012 MEETING DATE: September 24, 2012 RE: Grant Request from Aspen International Mountain Foundation Summary: The Aspen International Mountain Foundation (AIMF) is requesting $7,500 of a previously awarded grant of$10,000 in order to fund a planning meeting in October for purposes of developing plans for a North American post-Rio conference to be held in 2013. This meeting will consist of some 30 people including AIMF board members, Rocky Mountain Science and Sustainability Network(RMSSN)board members, Mountain Partnership members and other invited guests. Previous Council Action: In March 2011, the Council awarded the Aspen International Mountain Forum a $10,000 Mining for Ideas grant which was scheduled to be used in 2012 for purposes of working with the United Nations Mountain Partnership program (an international organization dedicated to sustainable mountain development) to convene a forum in Aspen to discuss important issues that mountain communities face. It was envisioned as a 3-day conference with a variety of forums and venues attended by guests from around the world and open to the public. Discussion: AIMF is a member of the Mountain Partnership and has sponsored the induction of the city of Aspen into MP. Unlike the other major regions of the world,the Mountain Partnership lacks a North American headquarters. AIMF believes that a North American hub is critical to providing the vital infrastructure, support and visibility needed to elevate and address mountain ecosystem issues at the local, regional, national and international level. Towards that end the United Nations has invited AIMF to establish a North American hub for the Mountain Partnership in Aspen. Since giving AIMF its endorsement, the UN has been treating AIMF as the de facto hub and AIMF has been operating as such. Some of those efforts include: • AIMF produced a report for the MP in January 2012 —Sustainable Mountain Development, North American Report — for inclusion in the materials presented at the UN Sustainable Development Conference (Rio+20), held this past June and attended by approximately 50,000 people and over 100 heads of state. Page 1 • AIMF's Secretary, Rebecca Wallace, and AIMF's President, Karinjo DeVore, attended Rio+20 for two weeks working at the Global Mountain Pavilion and meeting with MP members. • Last November, AIMF Board Member Jim True represented North America at an MP meeting in Uganda, focused on coordinating MP activities in Africa with the rest of the MP community. • Last February, AIMF President Karinjo DeVore represented North America at an MP meeting in Rome, focused on the overall MP governance structure. • In October, Rebecca Wallace and Karinjo DeVore have been invited to participate on a panel discussion as part of the MTNCLM research conferences. These annual conferences, hosted by the Consortium for Integrated Climate Research on Western Mountains, are dedicated to mountain climate sciences and the effects of climate variability on ecosystems, natural resources and conservation in western North American mountains. AIMF has also mounted a fundraising effort to establish the MP hub in Aspen. While the conference that was proposed for the Mining for Ideas grant would have brought many people to Aspen for the conference's duration, establishing a headquarters office for a UN program has the potential for bringing a significant number of people to Aspen every year for many years to come. The meeting in October is for the purposes of developing plans for a North American post-Rio conference to be held in 2013. It is anticipated that the future conference being planned will be similar in scope to the conference originally proposed by AIMF. In addition, a critical part of the planning meeting will be devoted to a discussion on how to move forward to establish the MP hub in Aspen. Request of Council: AIMF requests that Council allow AIMF to devote part of its $10,000 grant to the upcoming planning meeting in October. They will be sharing the cost of the meeting with RMSSN and estimate their share of the costs at approximately $7,500. They would like to be able to use the rest of the grant to help establish the North American MP hub. Attachment: • Request Packet from AIMF Page 2 '00"0) 410� ASPEN INTERNATIONAL MOUNTAIN FOUNDATION 8/28/12 Dear Aspen City Council Members: In March 2011, the City of Aspen awarded the Aspen International Mountain Forum (AIMF)1 a $10,000 Mining for Ideas grant, which was to be used in FY 2012. AIMF's original grant application proposed working with the United Nations' Mountain Partnership (MP) program, an international organization dedicated to sustainable mountain development, and the City of Aspen to convene a forum in Aspen to discuss important issues that face mountain communities. AIMF envisioned a 3-day conference including a variety of forums and venues that would be attended by guests from around the world and would be open to public. However, much has happened since AIMF received its grant, which has caused AIMF to refocus its energies and prompted us to ask the City to repurpose the grant funds. As you may recall, AIMF is a member of the Mountain Partnership, and in 2010, AIMF sponsored the City of Aspen's induction into the MP. In March 2011, we learned that, unlike the other major regions of the world, the MP lacks a North American headquarters. Regional headquarters, or hubs, are critical to the governance structure of the MP. They: • Are focal points for networking, communicating, and sharing information with members • Complement, support, and strengthen ongoing initiatives in sustainable mountain development; and function as a broker for joint initiatives • Facilitate contact between countries and institutions; and create conditions for cooperation and resource mobilization at the national, regional, and global levels • Lead efforts to develop information on issues affecting North America's mountain communities for consideration and action by policy makers AIMF believes that a North American MP hub is critical to providing the vital infrastructure, support, and visibility needed to elevate and address mountain ecosystem issues at the local, regional, national, and international levels. Towards that i AIMF has changed its name to Aspen International Mountain Foundation. 1 POST OFFICE BOX 0A ASPEN, CO 81612 • 970.925.11+0 • AIMF.ORG end, the U.N. has invited AIMF to establish a North American hub for the Mountain Partnership in Aspen. (See attached letter from the U.N.) Since giving AIMF its endorsement, the U.N. has been treating AIMF as the de facto hub and AIMF has been operating as such. For example: • In January 2012, AIMF produced for the MP a report, Sustainable Mountain Development—North American Report, for inclusion in the materials presented at the U.N. Sustainable Development Conference—Rio+20—which was held this past June and attended by approximately 50,000 people and over 100 heads of state from around the world. • AIMF's Secretary, Rebecca Wallace, and I attended Rio+20 for 2 weeks, working diligently at the Global Mountain Pavilion and meeting with MP members to discuss how to move the sustainable mountain development agenda forward. • Last November, AIMF Board member Jim True represented North America at an MP meeting in Uganda, which was focused on coordinating MP activities in Africa with the rest of the MP community. • This past February, I represented North America at an MP meeting in Rome, which focused on the overall MP governance structure. • This October, Ms. Wallace and I have been invited to participate on a panel discussion—Perspectives on Emerging Mountain-Climate Institutions—as part of the MTNCLIM research conferences (www.fs.fed.us/psw/mtnclim). These annual conferences, hosted by the Consortium for Integrated Climate Research on Western Mountains, are dedicated to mountain climate sciences and effects of climate variability on ecosystems, natural resources, and conservation in western North American mountains. The panel will focus on how to better link academics and researchers who focus on mountain issues with other stakeholders and decisionmakers. In addition to these initiatives, which have required a significant amount of time and effort, AIMF also has mounted a fundraising effort to establish the MP hub in Aspen. AIMF is a volunteer organization. Everything we've accomplished to date is the result of a small group of people donating their time to the important cause of sustainable mountain development. But this work requires more than part time, volunteer efforts. To be effective, AIMF must put its time and energy into establishing and securing the financial support for the North American MP hub in Aspen. While the conference we proposed for the Mining for Ideas grant would have brought many people into Aspen for the conference's duration, establishing a headquarters office for a U.N. program has the potential for bringing a significant number of people to Aspen every year for many years to come. Currently, AIMF is partnering with the Rocky Mountain Science and Sustainability Network (RMSSN) (www.rmssn.com) to host a meeting in Aspen this October for the 2 purpose of developing plans for a North American post-Rio conference to be held in 2013. This planning meeting will be relatively small—an estimated 30 people— including AIMF Board members, RMSSN Board members, MP members, and other invited guests. We anticipate, however, that the future conference being planned will be similar in scope to the conference originally proposed in AIMF's grant proposal. In addition, a critical part of the planning meeting will be devoted to a discussion on how to move forward to establish the MP hub in Aspen. AIMF requests that the City of Aspen allow AIMF to devote part of its $10,000 grant to the upcoming planning meeting in October. We will be sharing the cost of the meeting with RMSSN and estimate that our share of the costs will be approximately $7,500. We would then like to be able to use the rest of the grant funds to help establish the North American MP hub. AIMF is grateful to the City of Aspen for the support it is given us over the years. We hope that the City will grant our request to repurpose the grant funds and help us create the North American MP hub, which will open the doors to numerous opportunities for bringing events to Aspen. Thank you for your consideration. We look forward to hearing from you. If you have any additional questions, please feel free to contact me at 319-9273 or karinjoaspen @aol.com. Kind regards, Karinjo DeVore President Aspen International Mountain Foundation 3 Mountain Partnership Rome, 31 October 2011 Dear Friends of the Mountains, The United Nations' Mountain Partnership Secretariat invites you to join us in supporting Aspen in its efforts to create a North American Hub for the Mountain Partnership. This exciting opportunity will fill a critical void in representation for this important region of the world. The Mountain Partnership is a voluntary alliance of almost 200 international members, including 50 countries, committed to working together with the common goal of improving the lives of mountain people and protecting mountain environments around the world. The dynamic core of the Mountain Partnership is action and initiatives on the ground, which are guided by the recommendations of the World Summit for Sustainable Development (2002). They cover specific themes, such as policy and law, sustainable livelihoods, watershed management, gender, education, sustainable agriculture, rural development, ecotourism and sports, and private sector investment in mountains. The Mountain Partnership also is a focal point for collecting data on issues affecting mountain communities and for disseminating that data at international summits that inform the world's policymakers. The Mountain Partnership Secretariat is the organizational entity that supports and serves its members. The Secretariat's current structure consists of a central Hub in Rome and decentralized Hubs in Latin America, Asia/Pacific, Central Asia, and Europe. The Secretariat helps to link existing activities in mountain development, foster synergies to promote closer collaboration, avoid duplication, and achieve greater coherence and better results in terms of sustainable development. Establishing a North American Mountain Partnership Hub in Aspen will help its members, which include the City of Aspen and Town of Basalt, connect and interact with one another and with the rest of the international membership. It also will allow their positions to be better represented in critical international policy discussions and give the North American mountain region more prominence in the world. Furthermore, it will offer public and private 5 entities unique opportunities to network within the vast international mountain community. over €fiou l(",in s`'aOri•:ishi(:t`".6<..�:.fr.<.i.0 e - e cC+d inn A(gi:'c ltu!ls Oicio ization 1TA01 ol?h�-- ttrtilsd, V i o 1 e ueIEe ierrne d.i Caroca11a U!0153 Rcme,i i a f y Pcx +;?.q 06 5705-51,37. E-mail:info@-rtourntc nparfinei h i :r The Aspen International Mountain Foundation (AIMF) brings over a decade of experience addressing issues facing mountain communities. As a member of the Mountain Partnership,AIMF has now launched a campaign to establish the North American Hub.The Mountain Partnership Secretariat enthusiastically endores AIMF's efforts. We are confident that"the City of Aspen and the entire Roaring Fork Valley,with their leadership role in promoting sustainable living in mountain communities, would provide an extraordinary venue for the Mountain Partnership's activities. I urge you to generously support AIMF's efforts and help make Aspen the North American home to the Mountain Partnership. Yours sincerely, Eduardo Rojas-Briales Assistant Director-General Forestry Department Karinjo DeVore cc: Her Excellency Aspen International Mountain Foundation Ertharin Cousin P.O.Box 0-3 Ambassador to FAO Aspen,CO 81612 United States Mission to the United Colorado,USA Nations Agencies for Food and Agriculture Permanent Representation to FAO Rome,Italy E UNITED, STATES EKVR0Wf&,ENTAL PROTECTION AGENCY $ Q WASHINGTON, Q.C. 20460 2� 0 FiVTgC PROS'-�" FEB 0 2012 OFFICE OF WATER Ms. Rebecca J. Wallace Aspen International Mountain Foundation P.O. Box 0-3 Aspen, Colorado 81612 Dear Ms. Wallace: Thank you for your letter of January 23, 2012, to Lisa P. Jackson, Administrator of the U.S. Environmental Protection Agency (EPA), forwarding the North American Report on Sustainable Mountain Development for Rio+20. Administrator Jackson has asked me to respond to your letter. I am pleased in the commitment by the Aspen International Mountain Foundation and Telluride Institute reflected in the submission of this report to the United Nations Conference on Sustainable Development. I am very gratified that the mountain coalition has made this important contribution to the promotion of sustainable mountain development, addressing various challenges, from the fragile North American mountain ecosystems to social equity. The mobilization of this vast amount of research on our region's mountain ecosystem, water resources, and forests adds important content to the global understanding of the North American situation and provides valuable policy input to the sustainable development agenda. I appreciate very much your providing a copy of your report to the EPA, and wish you well in the work that lies ahead. Si_r_cerely. Nancy K. Stoner Acting Assistant Administrator Internet Address(URL)•http//www.epa.gov Recycled/Recyclable •Printed with Vegetable Oil Based!inks on 100%Postconsumer,Process Chlorine Free Recycled Paper A/CONF.216/L l U A/ - Tl+e Fu-'u l/a, W d n�" Q is AO Oa t'c0 vY)t fk*Pe'Y eradication. In this regard, we encourage and recognize the importance of partnerships and initiatives for the safeguarding of land resources. We also encourage capacity-building, extension training programmes and scientific studies and initiatives aimed at deepening understanding and raising awareness of the economic, social and environmental benefits of sustainable land management policies and practices. 208. We stress the importance of the further development and implementation of scientifically based, sound and socially inclusive methods and indicators for monitoring and assessing the extent of desertification, land degradation and drought, as well as the importance of efforts under way to promote scientific research and strengthen the scientific base of activities to address desertification and drought in accordance with the United Nations Convention to Combat Desertification. In this respect, we take note of the decision of the Conference of the Parties to the Convention, at its tenth meeting, to establish an ad hoc working group, taking into account regional balance, to discuss speck options for the provision of scientific advice to its parties. 209. We reiterate the need for cooperation through the sharing of climate and weather information and forecasting and early warning systems related to desertification, land degradation and drought, as well as to dust storms and sandstorms, at the global, regional and subregional levels. In this regard, we invite States and relevant organizations to cooperate in the sharing of related information, forecasting and early warning systems. Mountains 210. We recognize that the benefits derived from mountain regions are essential for sustainable development. Mountain ecosystems play a crucial role in providing water resources to a large portion of the world's population; fragile mountain ecosystems are particularly vulnerable to the adverse impacts of climate change, deforestation and forest degradation, land use change, land degradation and natural disasters; and mountain glaciers around the world are retreating and getting thinner, with increasing impacts on the environment and human well-being. 211. We further recognize that mountains are often home to communities, including indigenous peoples and local communities, who have developed sustainable uses of mountain resources. These communities are, however, often marginalized, and we therefore stress that continued effort will be required to address poverty, food security and nutrition, social exclusion and environmental degradation in these areas. We invite States to strengthen cooperative action with effective involvement and sharing of experience of all relevant stakeholders, by strengthening existing arrangements, agreements and centres of excellence for sustainable mountain development, as well as exploring new arrangements and agreements, as appropriate. 212. We call for greater efforts towards the conservation of mountain ecosystems, including their biodiversity. We encourage States to adopt a long-term vision and holistic approaches, including through incorporating mountain-specific policies into national sustainable development strategies, which could include, inter alia,poverty reduction plans and programmes for mountain areas, particularly in developing countries. In this regard, we call for international support for sustainable mountain development in developing countries. 40 12-38164 Why mountains matter for Norte mi- a Fast population growth in mountains and their valleys and an increase in mountain tourism are impacting the a} biodiversity of mountain ecosystems. Generally accom- panied by new infrastructure such as reservoirs, roads, and fences,such development has focused on the valleys and foothills that provide key winter habitat or move- ment corridors for seasonal migrations of native fauna fresh water. Other natural resources, such as coal and can be barriers to essential seasonal movements. and natural gas,are pillars of North American ener- One effect of such fragmentation includes loss of fauna gy economies. The recreation and tourism industry fitness due to isolation and inbreeding. — the lifeblood of many mountain communities — contributes significant revenues for state and pro- Mining is an important economic driver in North vince budgets. And for many, mountains provide America's mountains, however, its impacts often are profound. Mountaintop removal (MTR) coal mining in solace and a spiritual connection,and are treasured the Appalachian Mountains in the United States can as places to experience the wonders of nature. But involve removing 200 meters or more of a mountain a warming climate, human encroachment, and summit to get at buried seams of coal and dumping some business practices present severe challenges the remaining earth into neighboring valleys. Mining to these fragile ecosystems. also poses other threats to mountain environments. Most extraction processes use toxic chemicals (cyanide, arsenic)that create poisonous run-off. Tailing ponds try to contain the toxins, but have been notorious in their How current trends threaten sustainable frequent failures over time, causing serious downstream mountain development in North America damage to land, water, and people. The North American West is heating up even more v. than the world as a whole. From 2003 to 2007, global temperatures averaged 1.0°F warmer than the 20th century average while the average temperatures in 11 western U.S. states were 1.7°F warmer, 70% more warming than the rest of the world (Table 1). Along with temperature increases, the West is getting drier as evidenced by decreases in snowpack and snowfall, earlier snow melt, more winter rain events, increased peak winter flows, and reduced summer flows. Evidence of significant decreases in the length and volume of glaciers raises the question of climate change and its impact on future water supplies. The Colorado River and its tributaries are the primary water providers Colorado River Delta:one of Arierica's great—untairi n—s ro,I.,,ge,r—he,the (P M(B,,dO for the western United States. However, water short- ages have now reached the point where cities such as High-volume hydraulic fracturing, or "fracking," is the Los Angeles, Las Vegas, and Phoenix, have acquired all process of injecting millions of gallons of water, chemi- possible water-use rights in the Colorado River system all cals, and sand into shale rock formations deep under- the way to the Colorado Rockies. In some cases, entire ground at high pressures to break open the rock and watersheds in mountains are being earmarked as water release natural gas, which is considered by many to be supplies for the mega-cities. the clean energy alternative to coal and oil. In addition to concerns about the depletion of local water supplies, fracking, like coal mining, produces hazardous waste- water. There have been more than 1,000 documented cases of water contamination near fracking sites in the United States. i ASPEN INTERNATIONAL MOUNTAIN FOUNDATION A Colorado nonprofit corporation, 501(c)3, dedicated to promoting sustainable development in the world's mountain communities A MEMBER OF THE i UNITED NATIONS MOUNTAIN PARTNERSHIP WHY FO(- CIS ON 1 OLIN 1AINS? Fountains are crucial to all life on earth; Denali,North 4merica 10,120 Protecting mountain ecosystems and promoting oUR 013]FC TIY'F stability in mountain regions is essential. ` m To establish a North American Hub for the Mountains cover about 25 percent of the � ""'� �',i�°�P fl d Y earth's surface and are home to 12 percent of the UN Mountain Partnership in Aspen, Colorado. Mont Blanc,Europe 15,774 world'sopulation. f Five regional Hubs representing all other alf of humanity depends on mountain's as a parts of the world already exist. source of fresh water. Mountain ecosystems are extremely vulnerable Kosciuszko,Australia 7,110 �1rrpen International Mountain Foundation to the impact of global warming and are early Formally organized in 2001 in the heart indicators of climate change. of the Rocky Mountains,AIMF evolved from a decade of NIA ountains are home to some of the world's working collaboratively with the United Nations'Environment most important and threatened biodiversity. Program (UNEP),the City of Aspen, the Aspen Institute, Carstenrz-Pyramid,Oceania 16,014 Aspen Sister Cities,and other public and private organizations he genetic diversity preserved in mountain that produced a series of international conferences focusing ecosystems helps to ensure the worlds future food security. on issues facing mountain communities. Elbrus,.Europe 18,510 U�I;A1N�111LE ,R1OlIN FAIN Dl-W-1-011,V1E N is AIMF lead the effort to write -i[ I IIN(, I-JU\1AN NJ [t)S a report for the June 2012 Rio+20 Earth Summit \VHH1 IT I SFRVINC, I Hl I NVIR0N\1l_Ni (www.uncds20l2.or&/rio2O) that summarizes Aconcagua,South America 11,841 information on sustainable development initiatives in North America's mountains over the lase 20 Years. Kilimanjaro,Africa 19,140 Everest,Asia 19,015 Vinson,Antarctica 16,050 \VI IAT IS I IIF MOLIN LAIN PAR RSI IIP" The United Nations,Mountain Partnership (www mountainpartnership.org)is a.voluntary alliance of almost 200 international members, V V I I A I I I I I N O R I I I A\11 R K A N 1 111€3 DO including 50 countries, committed to working i As the North American headquarters for together with the common goal of improving the Mountain Partnership,AIMF will: the lives of mountain people and protecting Be the focal point for networking, mountain environments around the world. communicating, and sharing information The Mountain Partnership addresses the between members challenges of mountain regions by tapping Complement,support, and strengthen the wealth and diversity of resources, ongoing initiatives in sustainable mountain knowledge (including traditional knowledge, development;and function as a broker for information,and expertise,from and through joint initiatives its members in order to stimulate concrete racilitate contact and cooperation between initiatives at all levels that will ensure public and private organizations working to improved quality of life and sustainability promote sustainable mountain development In the world's mountain regions. at the local,regional,national, and global levels Lead efforts to analyze information on issues affecting North America's mountain communities'for consideration and action b policy d .� - y p y andecision makers WFIY SHOULD AIMI FS IABLISI I A MOtIN LAIN OUR I LINDR%\ISINC; (10 \L.S PAR 1NLRSIIIP IILIB IN ASI'LN! AIMF seeks to establish an operating endowment that will Aspen lies within a high mountain ecosystem that faces issues sustain a North American Hub permanently.We hope to begin affecting all mountain communities throughout the world. operations early in 2012.This will enable us to prepare for and _ _ participate in the upcoming strategic conference Rio+20,which � he economics of our community, a premier mountain will establish environmental priorities for mountain regions for sports and cultural center, are dependent on sustainable mountain tourism and lifestyle. the next decade and beyond.We will then be poised to advance the mountains'sustainable development agenda,and will Aspen has been a leader in sustainable development through work tirelessly to promote Aspen, the State of Colorado, its numerous public,private,,and nonprofit organizations. and North America as leaders in mountain sustainability. I he Hub will open doors of international knowledge, i1�11 '9Y information,and key connections to Aspen,and provide MEN a forum for sharing the latest economic,environmental, social, and political thinking that will help preserve and defend North America's precious alpine environments. I'LLASL SLII'('��?IZ f ��UIZ L:LLC�RTS Aspen is an intellectual center with the experience,human resources,and infrastructure to convene conferences that 1 C1 LS ABLIS1 I TI IL NOR I I I AMERICAN promote the exchange of ideas. V OLI NTAIN I AIU N ERSI 111 L l u B.... I hrough the Hub's participation in various g lobal forums, AN LXTRAORDINARY OI' 'OK FUNI I Y � our community will benefit from actively showcasing its commitment to sustainable economic development. 1 OR OUR VAL.I TY. BOARD OF DIRECTORS Karinjo DeVore Margi Wilkinson Levitt Chip Bishop Rebecca Wallace Pat Fallin Liba Ichan James R.True ADVISORY BOARD Meal Beidleman April Bucksbaum Jay Cowan Chris Davenport Billy Kidd Chris Klug Pete McBride Sally Spaulding Potter Sam von Trapp ASPEN INTERNATIONAL MOUNTAIN FOUNDATION POST OFFICE BOX 0-3 ASPEN,CO 81612 • 970.925.1140 • AIMF.ORG LOGO AND BROCHURE DESIGN: SHARON WELLS DESIGN great desip1 still needs the human hand SHARONWELLS C)SHARONWELLSDESIGN.COM 970.9+8.1655 SHARON WELLSDE SIGN.COM MEMORANDUM V1 TO: Mayor and City Council FROM: Rob Covington, Water Resource & Hydroelectric Supervisor THRU: Mike McDill, Deputy Director of Utilities Dave Hornbacher, Director of Utilities and Environmental Initiatives DATE OF MEMO: September 14th,2012 MEETING DATE: September 24th,2012 RE: Approval of a contract between the City of Aspen and Gould Construction for the Leonard Thomas Reservoir Tree Removal Project. REQUEST OF COUNCIL: Staff requests a contract award to Gould Construction in the amount of$145,938.00.00 for the removal of twenty-five tree stumps from the Leonard Thomas Reservoir jurisdictional earthen dam and re-compaction of soils in the impacted areas. This project was set as a High Priority by the Division of Water Resources Dam Safety Engineer. PREVIOUS COUNCIL ACTION: As part of the 2011 Water Utility budget, Council approved the work necessary to complete the emergency drain line and the spillway as essential safety improvements to Thomas Reservoir. Council also approved a contract with Heyl Construction Inc. for the installation of a flow meter and access port on the Maroon Creek raw water delivery line, and a 24" isolation valve on the raw feed between the reservoir and the treatment plants on June 4, 2012. BACKGROUND: The construction of the Intake Structure, Meter Vault and Drain Line at the Leonard Thomas Reservoir required the City of Aspen to hire a qualified consultant to reevaluate the Hazard Classification of the Leonard Thomas Reservoir and develop an Emergency Action Plan for the facility. The Division of Water Resources Dam Safety Engineer accepted the engineering analysis from the City of Aspen consultant and the Leonard Thomas Reservoir Hazard Classification changed from "Low" to "Significant" Hazard Rating. The Significant Hazard rating requires the Dam Safety Engineer to perform two inspections a year. The first of the 2012 inspections was in April of 2012 and the reservoir received a rating of conditionally satisfactory (state report attached). The removal of the trees and root systems in the earthen dam are required to be removed as a "High Priority" by the Dam Safety Engineer. All other discrepancies have been corrected. The two main concerns with the trees are the possibility of a piping failure from the root intrusions through the earthen dam and blow down from a high wind Page 1 of 3 least impactful to draw the reservoir down one time to complete both the root removal and soil re-compaction project- at the same time as the meter and valve work, staff requests approval of the attached contract with work to proceed this fall. Council approval of this contract will direct staff to include $165,000 in the Fall 2012 Supplemental Appropriation ordinance to cover this work and the associated construction inspection, testing, and engineering services. ENVIRONMENTAL IMPACTS: The environmental impacts of this project are minimal. The contractor will be tasked with proper stormwater and sediment control including the use of Best Management Practices. The work will be performed under a City of Aspen Landscape and Grading Permit. All disturbed surfaces will be reclaimed to their original condition, minus the trees. RECOMMENDED ACTION: We request the council approve the contract with Gould Construction in the amount of$145,938.00 for the removal of tree stumps and root systems and re-compaction of the soils in the Leonard Thomas Reservoir Earthen Dam. We also request approval to include the cost of this work and associated construction inspection, testing and engineering services in the Fall 2012 Supplemental Appropriation Ordinance. ALTERNATIVES: The City of Aspen is required to operate the Leonard Thomas Reservoir in the safest manner possible and stay in compliance with the Division of Water Resources Dam Safety and Inspection Department. The only alternatives allowing continued operation of the reservoir are to: a. Perform the work this fall, or b. Perform the work next spring after all the frost is out of the ground, and deal with the extra labor and operating costs associated with stacked materials over the winter and a second draw down of the reservoir in the spring during the high run-off season. PROPOSED MOTION: "I move to approve Resolution authorizing the City Manager to execute a contract with Gould Construction in the mount of $145,938.00 for the Leonard Thomas Reservoir Tree Removal Project." CITY MANAGER COMMENTS: nk ATTACHMENTS: A. Proposal/Bid B. Dam Inspection Report Page 3 of 3 RESOLUTION #q' (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GOULD CONSTRUCTION INC., AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Leonard Thomas Reservoir Tree Removal project, between the City of Aspen and Gould Construction Inc., a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Leonard Thomas Reservoir Tree Removal project, between the City of Aspen and Gould Construction Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 24th day of September 24, 2012. 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, September 24, 2012. Kathryn S. Koch, City Clerk OF COO . DEPARTMENT OF NATURAL RESOURCES N� 96l DIVISION OF WATER RESOURCES John W.Hickenlooper ,f 1876 Governor April 11, 2012 Executive King 1 Executive Director Dick Wolfe,P.E. Director/State Engineer Alan C.Martellaro,P.E. Division Engineer David Hornbacher City of Aspen 130 South Galena Street Aspen, CO.81611 Horubachet@ci.asaen.co. RE: Leonard Thomas Reservoir Dam Water Division 5,DAIVIID: 380102 Dear NIr.Hornbacher: 1 completed an inspection of the Leonard Thomas Reservoir Dam on April 4, 2012. This is in accordance with Section 37-87-107, C.R.S., which assigns to the State Engineer's Office the 310sponsibility for determining the safe storage levels for all reservoirs in this state. Please review the enclosed report and implement all recommendations. Sign, date, and return a copy of page 4 of the inspection report to this office, and retain the complete inspection report for your files. Overall the clam and all its appurtenant structures are performing satisfactorily after its first fill after the major modification took place last year. However the large trees on the downstream slope of the old east clam,which was not part of the modification, is a concern. The associated root systems penetrate into the dam. When the vegetation dies, the decaying roots can provide paths for seepage that could lead to a possible piping failure of the clam. Also, if the trees were to fall over from high winds or other external means, the associated uprooted root balls would leave large holes in the clam effectively reducing the dam's cross section and shortening potential seepage paths, which could also lead to a Piping failure of the clam. The sloughing and disturbance seen during the inspection around the large roots indicate that clam safety problems may already be starting.As such, the dam was rated conditionally satisfactory and the trees need to be removed as a high priority. We greatly appreciate your cooperation and all the efforts that have been made over this last year to ensure a safe structure. If you have any questions regarding this report,please contact me. At (970) 945-5665 ext. 5016 Sincerely, John Blair, P.E. Dam Safety Engineer Ec: Robert Covington, City of Aspen Dean Derosier, McLaughlin Water Engineers Alan Martellaro, Division Engineer Bill McCormick, Chief, Dam Safety Branch Bill Blakeslee, Water Commissioner Water Division 5 • Glenwood Springs 202 Center Drive,Glenwood Springs,CO 81601 • Phone:970-945-5665 • Fax:970-945-8741 Mailing Address:P.O.Box 396,Glemvood Springs,CO 81602 •http:H1vater.state.co.us ENGINEER'S INSPECTION REPORT INSPECTOR: JGB OFFICE OF THE STATE ENGINEER-DIVISION OF MATER RESOURCES-DAM SAFETY BRANCH 1313 SHERM.IAN STREET,ROOM 818,DENVER,C080203,(303)866-3581 DAM NAME: LEONARD THOMAS RESERVOIR T: 100S R: 085OW S: 13 COUNTY: PITKIN DATE OF INSPECTION: 4!412012 DAM ID: 380102 YRConlpl: 1964 DAM HEIGHT(FT): 19.0 SPILLWAY WIDTH(FT): 13.0 PREVIOUS INSPECTION: CLASS: Significant hazard DAM LENGTH(FT): 28110 SPILLWAY CAPACITY(CFS): 207.0 NORMAL STORAGE(AF): 10.0 DIV: 5 WD: 38 CRESTWIDTH(FT): 14.0 FREEBOARD(FT): 2.5 SURFACE AREA(AC): 1.0 EAP: 121212011 CRESTELEV(FT): 8184.5 DRAINAGE AREA(AC,): 2.0 OUTLET INSPECTED: CURRENT RESTRICTION: --NONE— OWNER: CITY OF ASPEN OWNER REP.: ADDRESS: 130 SO GALENA CONTACT NAME: DAVID HORNBACHER ASPEN CO 81611 CONTACT PHONE: INSPECTION PARTY: Rob Covington,Charlie Bailey(later) Dean Derosier Bill Blakeslee John Blair REPRESENTING: City Of Aspen McLaughlin Water Engineers Water Commissioner Dam Safety Engr FIELD WATERLEVEL: BELOWDALi CREST _ 5 FT. 2.5 FT. GAGE ROD READING 12 CONDITIONS BelowSpille+ay _ OBSERVED GROUND MOISTURE CONDIT 1011: DRY © VIET E SNOWCOVER OTHER DIRECTIONS: MARK AN X FOR CONDITIONS FOUND AND UNDERLINE WORDS THAT APPLY UPSTREAM • • PROBLEMS NOTEDQ(0)NONE F] (1)RIPRAP- MISSING,SPARSE, DISPLACED,WEATHERED [] (2)WAVE EROSION- WITH SCARPS FI(3)CRACKS WITH DISPLACEMENT [:](4)SINKHOLE U (5)APPEARS TOO STEEP [](6) DEPRESSIONS OR BULGES Q (7)SLIDES [-](8)CONCRETE FACING- HOLES,CRACKS, DISPLACE[). UNDERNUNED ❑ (9)OTHER The new upstream slope on the north embankment has a clay liner. No problems noted. It needs to be lined with grass,which Is planned. The old dam on the east side is somewhat irregular but also has no significant problems. (7):A slough exists near the South intake to the plant. However,this area Is not on the dam but on the opposite shoreline. See pictures page 5 CONDITIONS OBSERVED: El Good El Acceptable Poor PROBLEMS NOTED❑(10)NONE [:](11 RUTS OR PUDDLES E](12)EROSION [:](13)CRACKS- WITHDISPLACELIENT [:](14)SINKHOLES FI(15)NOT WIDE ENOUDH ❑(16)LOW AREA �(17)t!ISALIGI+L'£M+T x(18)IMPROPER SURFACE DRAINAGE J](19)OTHER Trees on east dam New crest on the north side is smooth and uniform. Crest of old dam(east side)BIDS appears in relatively good condition.(19):However the large trees on the down shoulder Is a problem See pictures page 5 CONDITIONS OBSERVED: �X Good �X Acceptable Poor DOWNSTREAM SLOPE PROBLEMS NOTED[](20)NONE Q(21)LIVESTOCK DAMAGE 0(22) EROSION OR GULLIES [:J(23)CRACKS- WITH DISPLACEMENT E](24)SINKHOLE F./](25)APPEARS TOO STEEP [-](26) DEPRESSIONS OR BULGES ❑(21)SLIDE 0(28)SOFT AREAS O(29)OTHER Large trees Downstream slope of new north dam appears in good condition. It needs grass cover as planned. (28):The drain outfall daylights on the left side of the dam causing soft saturation. (29):The downstream slope of the old east dam is steep and covered with large trees-rated poor. There are exposed large roots with holes and surface disturbance and minor slide activity related to the trees and roots. See pictures page 5 and 6 CONDITIONS OBSERVED: ❑x Good Acceptable ❑X Poor PROBLEMS NOTED❑(30)NONE n(M)SATURATED EMBANKMENT AREA Q(32)SEEPAGE EXITS ON EMBANKMENT [:](33)SEEPAGE EXITS AT POINT SOURCE ❑(34)SEEPAGE AREA AT TOE [—](35)FLOW ADJACENT TO OUTLET F](36)SEEPAGE INCREASED/ MUDDY DRAINOUTFALLSSEEN �No QYes Shor+loca:'onofdrensnskekhandindxa:e [:](37)FLOW INCREASED/ MUDDY ❑(38)DRAIN DRY/ OSST RUCTED amount and qua'y old,srharge. ❑(39)OTHER Toe drain is passing 0.66 gpm. This is similar to recent readings taken with this first fill and is most likely related to a spring exiling under the dam than from the reservoir as indicated by water quality samples and the construction history. It Is performing as it should. However, it exits on to the dam surface causing saturation(see item(28)under DOWNSTREAM SLOPE). See picture page 6 CONDITIONS OBSERVED: Good Acceptable ❑Poor Page 1 of 4 ENGINEER'S INSPECTION REPORT DATE. 41412012 DAIVI NAME: LEONARD THOMAS RESERVOIR DAM I.D.: 380102 • NN PROBLEMS NOTED E340)NONE ❑(41)NO OUTLET FOUND ❑(42)POOR OPERATING ACCESS ❑(43)INOPERABLE n(44) UPSI RFAIJ OR DOWNS rREAM STRUCTURE DETERIORATED (45)OUTLET OPERATED DURING INSPECTION [_]YES ❑NO INTERIOR INSPECTED Z(120)NO ❑(121)YES R(46)CONDUIT DETERIORATED OR COI LAP-,FD [-](47)JOINTS DISPLACED ❑(48)VALVE LEAKAGE W(49)OTHER Abandoned old outlet on south side of lake The inside of the new north outlet intake structure was inspected. No problems noted-see pictures page 7. (44):The protective shield on the top of the new north dam outlet Intake structure has been dislodged.It apparently fell into the hole into the lake and could be a operator safety hazard-see picture page 6. (49):There is an old outlet on the south side of the reservoir not associated with a dale that used to feed the clarifiers downstream of the east dam. It is not used anymore and need to be abandoned. CONDITIONS OBSERVED: x❑Good ❑x Acceptable Poor PROBLEMS NOTED n(50)NONE❑(51)NO EMERGENCY SPILLWAY FOUND ❑(52)EROSION WITHIBACKCUTTING ❑(53)CRACK-VJIIH DISFl ACE61LN( ❑(54)APPEARS TO BE STRUCTURALLY INADEQUATE ❑(55)APPEARS 700 SMALL ❑ (56)INADEQUATE FREEBOARD ❑ (57)FLOW OBSTRUCTED 5j](58)CONCRETE DLI ERIORATED J UNDERMINED Q(59)OTHER Minor erosion and drainage issues (58):Minor pockets of exposed rock pop-outs exist on the right spillway wall Wear its crest. (59):Exposed soil that drains back into the reservoir exists at the upstream end of the emergency spillway. Better riprap protection is Heeded to protect this area. Also,the downstream end of the spillway chute has standing water due to no drainage of normal runoff in the stilling basin. See pictures page 7 CONDITIONS OBSERVED: ❑x Good Acceptable Poor MONITORING EXISTING INSTRUMENTATION FOUND ❑(110)NONE 91(111)GAGE ROD (112)PIQOl.1ETERS W(113)SEEPAGE WFIRS J FLUI.IFS x(114)SURVEY MONUMENTS ❑ (115)OTHER - MONITORING OF INSTRUMENTATION ❑(116)NO Q(117)YES PERIODIC INSPECTIONS BY: W(118)OWNER x(119)ENGINEER This was the first fill of newly modified reservoir. An excellent monitoring program is in effect with the daily plezometer and drain seepage readings taken along with weekly readings of the monuments during this first fill. The approved monitoring plan needs to continue. (111):The gage rod mounted on the Intake structure suffered some ice damage and is bent. It is planned to install a pressure transducer gage in tile future, (113): The seepage is measured with a bucket and stop watch at the downstream end of the drain. CONDITIONS OBSERVED: 0 Good L'Acceptable 11 Poor MAINTENANCE PROBLEMS NOTED [:1(60 NONE ❑ (61)ACCESS ROAD NEEDS MAINTENANCE ❑ (62)CATTLE DAF,IAGE O(63)BRUSHON UPSTREAM SLOPE, CREST,DOWNSTREAM SLOPE, TOE Q(64)TREESON UPS I REAM SLOPE, CREST,DOWNSTREAM SLOPE, TOE ❑(65)RODENT ACTIVITY ON UPSTREALI SLOPE, CREST,DOWNSTREAM SLOPE, TOE ❑(66)DETERIORATED CONCRETE- FACING,OUTLET,SPILLWAY ❑(67)GATE AND OPERATING MECHANISM NEED MAINTENANCE ❑(68)OTHER 63):Scattered brush on the upstream slope of the old east dam. (64):Large trees,which could compromise the safety of the dam located on the downstream slope of the old east dam-rated poor See pictures page 5 and 6 CONDITIONS OBSERVED: E]Good O Acceplab'e Poor Go to next page for Overall Conditions and Items Requiring Actions Page 2 of 4 ENGINEER'S INSPECTION REPORT DATE. 414/2012 DAM NAME: LEONARD THOMAS RESERVOIR DA11 I.D.: 380102 OVERALL CONDITIONS Overall the dam and all its appurtenant structures are performing satisfactorily after Its first fill after a major modification took place last year. However the large trees on the downstream slope of the old east dam,which was not part of the modification,Is a concern that could compromise the safety of the dam in the future. The sloughing and disturbance around large roots show that dam safety problems maybe starting as a result of these trees.As such,the dam was rated conditionally satisfactory and the trees need to be removed as a high priority. Based on this Safety Inspection and recent file review,the overall condition is determined to be: ❑(71)SATISFACTORY 2](72)CONDITIONALLY SATISFACTORY ❑(73)UNSATISFACTORY ITEMS REQUIRING ACTION BY OWNER TO IMPROVE THE SAFETY OF THE DAM MAINTENANCE-MINOR REPAIR•MONITORING O 0` 2](60)PROVIDE ADDITIONAL RIPRAR At the upstream end of the emergency spillway. Also provide grass erosion protection for the new north dam ❑(81) LUBRICATE AND OPERATE OUTLET GATES THROUGH FULL CYCLE a S o O FVJ(82)CLEAR TREES AND.'OR BRUSH FROM Brush from the upstream slope of the east dam can be removed as a maintenance Item. ~ y = ❑(83) INITIATE RODENT CONTROL PROGRAM AND PROPERLY BACKFILL EXISTING HOLES: C -q FI(84)GRADE CREST TO A UNIFORM ELEVATION WITH DRAINAGE TO THE UPSTREAM SLOPE: E ------ -••--••------------------•-•°••--------------------- ---------..-_... c i -'� l9 o ](65) PROVIDE SURFACE DRAINAGE FOR. the downstream end of the emergency spillway by constructing a drain through the downstream concrete wall 0ia'- 2](86) MONITOR: Trees on downstream slope visually for more disturbance,signs of seepage,signs of falling and tearing out portions of the dam,until they u v s a can be removed properly ❑(87)DEVELOP AND SUBMIT AN EMERGENCY ACTION PLAN' -„ ,„'r', ❑(88)OTHER Repair slough located on the southwest side of the reservoir near the south Intake to the plant E c ❑ ? 0't� (69)OTHER r' o �0 Replace protective shield that has been dislodged from the north outlet Intake and repair gage rod. E `o'n -V ENGINEERING•EMPLOYAN ENG'NEER EXPERIENCED IN DESIGN AND CONSTRUCTION OF DAMS T0: (Plans and SpeGLcafons must to approved by Stare Eng'rieer prior to constnXtioa) 32 , m ❑(90)PREPARE PLANS AND SPECIFICATIONS FOR REHABILITATION OF THE DAt.0 ___----.------------------------------------------------------ ................... '? �•n c ❑(91)PREPARE AS-BUILT DRAWINGS OF: : „u,p,L .................................................................................................................................... O ,-, M1, 'v E .2 PERFORI.1 A GEOTECHNICAL INVESTIGATION TO EVALUATE THE STABILITY OF THE DATA [](93)PERFORr,1 A HYDROLOGIC STUDY TO DETERMINE REQUIRED SPILLWAY SIZE: ;.. - - ----------- 3 ,c c O; ' W](94)PREPARE PLANS AND SPECIFICATIONS FOR AN ADEQUATE SPILLWAY:Repair rock pop-outs in the emergency spillway concrete(can be performed as a , B,0 „ maintenance Item) L5 S_ y =' W](95)SET UPA MONITORING SYSTEM INCLUDING WORK SHEETS,REDUCED DATA AND GRAPHED RESULTS: Continue excellent monitoring Under the approved rp � c>'- monitoring plan 0 we F-1(96)PERFORM AN INTERNAL INSPECTION OF THE OUTLET: _----..............................__---......--_.-_-------_--_-_.__'------------_.._..------------' 2](97)OTHER: Remove all trees from the downstream slope of the east dam Including their root systems. This will require significant excavation Into the embankment and proper backfill and compaction 2](98)OTHER: Extend toe drain outfali off of the embankment(can be performed as a maintenance item) , 2](99)OTHER: Properly abandon the old outlet that used to feed the clarifier on the south side of the reservoir off of the dam SAFE STORAGE LEVEL: RECOMMENDED AS A RESULT OF THIS INSPECTION ❑(101) FULLSTORAGE _ FT.BELOW DA1.1 CREST 2](102) CONDITIONAL FULL STORAGE FT.BELOW SPILLWAY CREST ❑(103) RECOMMENDED RESTRICTION - FT.GAGE HEIGHT ❑(104)CONTINUE EXISTING RESTRICTION NO STORAGE•t.tAINTAIN OUTLET FULLY OPEN REASON FOR RESTRICTION ACT 10,11S REQUIRED FOR CONDITIONAL FULL STORAGE Items(88)and(97) Engineer's O4ner's Signature J� /�7 ,"l S' nature ry j � t,t�•/ rr/ -g DATE: OWNERIOWNER'SREPRESENTATIVE C.� f Page 3 of 4 ENGINEER'S INSPECTION REPORT DATE. 414/2012 DAM NAME: LEONARD THOMAS RESERVOIR DAM I.D.: 380102 GUIDELINES FOR DETERMINING CONDITIONS CONDITIONS OBSERVED-APPLIES TO UPSTREAM SLOPE,CREST,DOWNSTREAM SLOPE,OUTLET,SPILLWAY GOOD ACCEPTABLE POOR In general,this part of the structure has a near new Although general cross-section is maintained,surfaces Conditions observed in this area appear to threaten the appearance,and conditions observed in this area do not maybe Irregular,eroded,rutted,spelled,or otherwise not safety of the dam. appear to threaten the safety of the dam. In new condition.Conditions in this area do not currently appear to threaten the safely of the dam. CONDITIONS OBSERVED-APPLIES TO SEEPAGE GOOD ACCEPTABLE POOR No evidence of uncontrolled seepage.No unexplained Some seepage exists at areas other than the drain oulfalls, Seepage conditions observed appear to threaten the safety increase in flows from designed drains.All seepage is or other designed drains.No unexplained increase in of the dam.Examples: clear.Seepage conditions do not appear to threaten the seepage.All seepage is dear.Seepage conditions 1)Designed drain or seepage flows have increased without safety of the dam. observed do not currently appear to threaten the safety of increase in reservoir level. the dam. 2)Drain or seepage flows contain sediment,i.e.,muddy water or particles in JF r samples. 3)Widespread seepage,concentrated seepage,or ponding appears to tt reaten the safely of the dam. CONDITIONS OBSERVED-APPLIES TO MONITORING GOOD ACCEPTABLE POOR Mloniloring includes movement surveys and leakage Monitoring Includes movement surveys and leakage All instrumentation and monitoring described under measurements for all dams,and piezometer readings for measurements for High and Significant hazard dams; "ACCEPTABLE"here for each class of dam,are not High hazard dams.Instrumentation is in reliable,working leakage measurements for Low hazard dams, provided,or required periodic readings are not being made, condition.A plan for monitoring the instrumentation and Instrumentation is In serviceable condition.A plan for or unexplained changes in readings are not reacted to by analyzing results by the owner's engineer is in effect. monitoring Instrumentation is In effect by owner.Periodic the owner. Periodic inspections by owners engineer. Inspections by owner or representative.OR,NO MONITORING REQUIRED. CONDITIONS OBSERVED-APPLIES TO MAINTENANCE AND REPAIR GOOD ACCEPTABLE POOR Dam appears to receive effective on-going maintenance Dam appears to receive maintenance,but some Dam does not appear to receive adequate maintenance. and repair,and only a few minor items may need to be maintenance items need to be addressed.No major repairs One or more items needing maintenance or repair has addressed. are requirecl begun to threaten the safety of the dam. OVERALL CONDITIONS SATISFACTORY CONDITIONALLY SATISFACTORY UNSATISFACTORY The safety inspection Indicates no conditions that appear to The safety Inspection indicates symptoms of structural The safety inspection indicates definite signs of structural threaten the safety of the dam,and the dam is expected to distress(seepage,evidence of minor displacements,etc.), distress(excessive seepage,cracks,slides,sinkholes, perform satisfactorily under all design loading conditions. which,if conditions worsen,could lead to the failure of the severe deterioration,etc.),which could lead to the failure of Most of the required monitoring is being performed. dam.Essential monitoring,inspection,and maintenance the dam if the reservoir is used to full capacity.The dam is must be performed as a requirement for continued full judged unsafe for full storage of water. storage in the reservoir. SAFE STORAGE LEVEL FULL STORAGE CONDITIONAL FULL STORAGE RESTRICTION Darn may be used to full capacity with no conditions Dam may be used to full storage if certain monitoring, Dam may not be used to full capacity,but must be attached. maintenance,or operational conditions are met. operated at some reduced level in the interest of public safety. HAZARD CLASSIFICATION OF DAMS High hazard Significant hazard Low hazard Loss of human life is expected in the event of failure of the Significant damage to improved properly is expected in the Loss of human life is not expected,and damage to dam,while the reservoir is at the high water line. event of failure of the dam while the reservoir is at the high improved property Is expected to be small,in the event water line,but no loss of human life is expected. of failure of the dam while the reservoir is at high water fine. NPH hazard-No loss of life or damage to Improved property,or loss of downstream resource is expected in the event of failure of the dam vMfie the reservoir is at the Ngh crater line. Page 4 of 4 V ? .A' �11yy� Looking outheast at the old dam with large trees, The exterior gage rod on the new north outlet intake emergency spillway, and outlet to water treatment structure at a reading of 12. Note it is bent from ice plant and from the new north outlet intake structure, action. .—•fir+ �..... .�..r s ...j, .r 44 �. A slough near the south intake to the plant. This The upstream slope of the new north dam around the area is not on the dam but on the opposite shoreline. new enstock and north intake structure. a�fi-..`�i'• ..t� The crest of the old east dam with heavy tree growth The downstream slope of the new north dam. Note on the downstream shoulder. I gravel on the erosion preventing matting. Leonard Thomas April d, 2012 (Page 5 of 7) - r } r lr t. Kati`4 � The downstream slope of the new north dam near an IiTbe new north downstrean lope from near the toe old ditch crossing. The old wooden flume has been draiu out.faU. Note backwa. i ditch and settling removed. Notes oils. �oiicls. a, .S ,r• • J a.rf��•Ir r .f1'. �t j�� •, to ' • a' '�.; `� � ,�:rl` ''-11111 . �� 1, '.� r The new toe drain outfall. It exits oilto the left side The downstream slope of the old dam with heavy of the new north dam causing saturation. It was tree growth. Note disturbed area near large tree flowing 0.66 m with exposed roots. The fi•ont of the new north dam outlet intake structure. Note protective shield that has been dislodged. It apparently fell into the hole into the lake. EMI Leonard Thomas April 4, 2012 (Page 6 of 7) MR � � P The inside of the new north outlet operating The upstream end of the new north outlet inside the structure and enstock. operating structure. a. F ,I 9/u�l•t F �=:5 • f The bypass valve and pipeline inside the new north The upstrean end of the emergency spillway. Note outlet operating structure. exposed sediment that drains into the reservoir. Better ri pra p protection is needed. The right spillway wa near its crest. Note small The downstream end of the spillway chute with pockets of of exposed rock po pouts. I standing water. Drainage needs to be provided. Leonard Thomas April 4, 2012 (Page 7 of 7) The City of Aspen CONTRACT FOR CONSTRUCTION city fisaoroevsOfiiice THIS AGREEMENT, made and entered into on September 24, 2012, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and GOULD CONSTRUCTION INC, hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: 2012-105 Leonard Thomas Reservoir Tree Removal Project, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract for Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice to Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed ONE HUNDRED FORTY FIVE THOUSAND NINE HUNDRED THIRTY EIGHT ($145,938.00) DOLLARS or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the CC1-971.doc Page 1 **CC1 Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract for Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract for Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract for Construction. cc1-971.doc Page 2 **cc1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract for Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract for Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By: Title: APPROVED AS TO FORM: By: City Attorney ATTESTED BY: CONTR TOR: \ /uv�� By: Title: Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. cc1-971.doc Page 3 ""cc1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF e0j6+-jade ) SS. COUNTY OF CIw4e ) On this day of Eee2),-,412 , 20 l Z— , before me appeared to me personally known, who, being by me first duly sworn, did ay that s/he is tO �s �1� - of tea, 0 0a'tS�4��-'On t Pi and that the seal affixed to said instrument is the corporate seal of said corporation, and-that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. otary Public lie 4 U w� Ia Address My commission expires: cc1-971.doc Page 4 "cc1 BID PROPOSAL FORM PROJECT NO. : 2012-105 BID DATE: September 2012 PROJECT: Leonard Thomas Reservoir—Tree Removal i i PROPOSAL SUBMITTED BY: CONTRACTOR f CONTRACTOR'S PROPOSAL i TO: .The Governing Body of the City of Aspen, Colorado i The undersigned responsible bidder declares and stipulates that this proposal is made in good faith,without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid,all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open i l for Sixty(60) consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre-construction conference held by the Water Department,which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City,to waive any informalities or to reject any or all bids. The City shall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work, including furnishing all materials,equipment and tools,and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages,anticipated profit,or otherwise on account of any differences between the BPI-971.doc `BP1 ge 1 C otors Initials a amount of work actually performed and materials actually furnished and the estimated amount of work. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five(25)Percent of the total bid. f By signing this document,Contractor certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States;and (ii)Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. �I I hereby acknowledge receipt of ADDENDUM(s)numbered—�---through ESTIMATED OUANTI77LIST Item Description Totals 1. Tree Stump and Root System Removal: This item is to include removal of topsoil,removal of stumps,all root systems,material around root systems such as rocks dirt and other debris to a depth of 3' minimum,hauling off all removed dam,stump, and root material off site, surveying before and after root system removal,subgrade preparation for dam embankment replacement, scarifying, relocation of existing water and electrical materials and spare parts off the borrow area,return of those materials relocated back to the borrow area upon completion of the resurfacing,borrow area preparation(removal of existing vegetation,debris and unwanted material and topsoil),borrow area excavation,screening,hauling all unusable screening process material of site including all material found during process such as concrete and boulders,preparation of material to meet embankment specifications,hauling and placing material, compaction,keying material into existing dam bank per specifications, and grading per the drawings,Includes at the unit price per cubic yards as calculated by the quantity survey performed at the dam for material removed and replaced for the stump and root system removal. 475±cubic yards.@ $I? o /CY= 2011 $ " 2. Revegetation: C S 20 ` v0 ! O 1-3 51l ©©(' '°t This item includes all costs for Revegetation - 6" of topsoil, seed mix, raking, mulch, matting, pins, blankets, erosion control bars on slopes greater than 4:1,sod replacement,and all other items required to revegetate all disturbed areas.All irrigation line repairs or replacements as required by the City and State per the revegetation and restoration specifications. Item to be paid as a Lump Sum: BP1-971.doc •BP1 9 2 o ctor s Initials i Lump Sum @ $ 47, (e . o o /LS ot Z $ 4-7, fe3O. co 2013 AZ���•�� 3. General Conditions and Mobilization: This item is to include all Mobilization and Demobilization, fence removal and replacement, silt and limits of disturbance fencing, truck wash and track pad areas, all erosion and control items required, all surveying not associated with material calculations, utility line locates and potholing, coordination of reservoir draining and reservoir operations as need or required by the State Engineer for construction, access road maintenance, dust control, project management, and all other items not include in the other bid items required to complete the project.Item to be paid as a lump sum: /�� 00 Lump Sum @$ �__ Jt—&0,` /LS= $ 4. Borrow Area Surface Replacement 201-2 1 ) Includes grading per plans, supplying and hauling material, compaction of finish surface to 95%, drainage swales, preparation of surface for gravel, installation of 4" of V screened rock and compaction of rock Grading back to existing slopes, matching existing storage area grades, cleanup,and all other items to return borrow areas,(existing and new)to usable conditions. Item to be paid per square foot of returned borrow area. 6,000 square feet @$—LID/SF= $ 60 5. Soils Testing Includes all soils material testing and soils investigations associated with embankment replacement including all reports as required to insure material and methods meet all Design Specifications and State Engineer requirements. Item is to include any soil investigations of borrow area and dam area for embankment soil compatibility and information soils investigations needed for installation and compaction efforts needed to meet the specifications, testing and reports during embankment replacement, subgrade soils testing, and includes all soils and compaction testing required after removal of borrow material in preparation of replacement of the borrow area surface including any compaction testing needed. All soils material investigations and testing are to be provided by CTL Thompson and be part of this contract. This quote is attached to the contract documents and is to be used by all bidders and contractors. Soils investigations and testing are an integral part of the work to be performed. The City of Aspen has requested the contractors to use CTL Thompson due to their direct involvement and experience in the recent Leonard Thomas Reservoir dam construction work for the City. ' BP1-971.doC *BPI 4zel- Contractoft Initials The contractor is responsible to contact, coordinate,schedule,and monitor CTL soils investigations and testing. See Technical Specification and Contract drawings for more information. Contact John Mechling or Dan Downing at CTL 970-945-809 Lump sum @$5748.00/LS= $5748.00 LEONARD THOMAS RESERVOIR TREE REMOVAL TOTALS (1-5) $ t e CO- TOTAL BID (I - 5) Total Bid in Numbers: 114S iQ 36 Total Bid in Words: 0of ci Vl beep eQC--9Jbc441b WE I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer: JA-TZ-r_ ,Title: fr . Full name signature: Company address: co Telephone number: Email Address: 'COMA Attested by: BPI-971.doc *BP1 4 &es InRiais VI & MEMORANDUM TO: Mayor and Council FROM: Austin Weiss, Trails Manager Stephen Ellsperman, Director of Parks and Open Space THROUGH: Jeff Woods, Manager Parks and Recreation DATE OF MEMO: September 17, 2012 MEETING DATE: September 24, 2012 RE: Resolution#2012-C��: Approval of the Contract for Construction Services for the Red Mountain Road Trail Crossing SUMMARY: At this time we are requesting you to authorize a Contract for Construction Services for the construction of the Red Mountain Road Trail Crossing of the new Hunter Creek Trail Extension for the amount of$76,603.00 PREVIOUS COUNCIL ACTION The last Council Action specific to Hunter Creek Trail Extension occurred on August 13th, 2012, when Council approved the acquisition of one (1) timber pedestrian bridge spanning Hunter Creek for the Hunter Creek Trail Extension project. Other Council action regarding the Hunter Creek Trail Extension was the approval of the 2012 Parks Department budget which included $250,000.00 for the construction of the trail connection. BACKGROUND: Bids were solicited in September for the construction of a formalized pedestrian crossing on Red Mountain Road as a component of the extension of the Hunter Creek Trail, currently being developed in partnership with Pitkin County Open Space and Trails. This trail connection will extend the existing Hunter Creek Trail down across Red Mountain Road to the Rio Grande Trail along the north side of Hunter Creek. The Pitkin County Board of Commissioners gave their final approval of the trail crossing of Red Mountain Road on August 21 st, 2012. A Contract for Construction Services has been awarded to Mueller Construction Services, Inc. with a value of$76,603.00 for the construction of the Red Mountain Road Trail Crossing. The Vendor, Mueller Construction Services, Inc. was the only vendor who submitted a viable bid proposal. DISCUSSION: The Vendor, Mueller Construction Services, Inc. has a history of successfully working with the City of Aspen on various projects. The relationship between the Vendor and the City of Aspen Parks Department is positive and staff believes that a satisfactory bid proposal has been submitted for the construction of the Red Mountain Road Trail Crossing. FINANCIAL IMPLICATIONS: This Contract for Construction Services would be funded from the Hunter Creek Trail Extension project budget. The Hunter Creek Trail project budget would be encumbered with $76,603.00 toward the Agreement. The Hunter Creek Trails Extension project can sustain the proposed costs for the construction of the proposed t ail crossing,of Red Mountain Road. �A&f—ed',, i 6,J 1G6or C.�,T-h Lid he ��f(7 Yuri-k,r'reof &L %1 kscz,� /. Pagel of 2 ENVIRONMENTAL IMPLICATIONS: There are no significant environmental implications with proceeding with the construction and installation of a pedestrian crossing of Red Mountain Road for the Hunter Creek Trail Extension project. ALTERNATIVES: City Council could choose not to approve this Contract for Construction Services, which would delay the completion of the Hunter Creek Trail Extension. The scope of work for this project includes significant components that are being completed by in-house City of Aspen Parks Department construction crews. PROPOSED MOTION: I move to approve the Contract for Construction Services between the City of Aspen and the Vendor, Mueller Construction Services, Inc., Inc. for the construction of the Red Mountain Road Trail Crossing for the amount of Seventy Six Thousand, Six Hundred and Three Dollars ($76,603.00). CITY MANA R COMMENTS: (f s ATTACHMENTS: A. Contract for Construction Services: Mueller Construction Services, Inc. as Vendor Page 2 of 2 RESOLUTION #q-5 (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND MUELLER CONSTRUCTION SERVICES INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Red Mountain Trail Crossing, between the City of Aspen and Mueller Construction Services Inc., a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Red Mountain Trail Crossing, between the City of Aspen and Mueller Construction Services Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 24th day of September 2012. 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, September 24, 2012. Kathryn S. Koch, City Clerk The 811V of Aspen CONTRACT FOR CONSTRUCTION 011YRnornevs00ice THIS AGREEMENT, made and entered into on September 24, 2012, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and MUELLER CONSTRUCTION SERVICES INC., hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Red Mountain Trail Crossing, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract for Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice to Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed SEVENTY SIX THOUSAND SIX HUNDRED THREE ($76,603.00) DOLLARS or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. CC1-971.doc Page 1 "CC1 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract for Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract for Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager(or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract for Construction. 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract for Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For CC1-971.doc Page 2 "cc1 Construction and that he/she has full and complete authority to enter into this Contract for Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By: Title: APPROVED AS TO FORM: By: City Attorney ATTESTED BY: CON T AC R: � l Title 117� Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CC1-971. oc Page 3 ••CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF SS. COUNTY OF C/ "1 -�- ) On this-f--�day of - � � _ , 20_0_, before me appeared J's to me personally known, who, b ing by me first duly sworn, did say that s/he is S G ! of Xi-4-L-LWL C�y ay �iX-41C.f6 /9,--' and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. LIZ'` n { J J O J • o Notary Public Address My commission expires: 9'��°�� W-971.doc Page 4 "'cc1 .A ITACHMENT C DID PROPOSAL FORM Project No. : 2012-114 BID DATE: PROJECT: Red Mountalu Road Trail Crossing PROPOSAL SUBMIT MD_BY: 30--rvl'e-e-s► Inc. CONTRACTOR' CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen,Colorado The undersigned responsible bidder declares and stipulates that tlus proposal is made in good faith,without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid,all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre-construction conference held by the Parks Department,which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City,to waive any informalities or to reject any or all bids, The City shall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in,the bid form shall be considered a subsidiary obligation of the Contractor and all costs in conmection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work, including fiirnishing all materials, equipment and tools,and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. Tile basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages,anticipated profit,or otherwise on account of any differences between the BP1.971.doc 'BP1 Page 1 Contractor's Initials amount of work actually performed and n)alerials actually furnished and the estimated amount of work. The City roserves the right to increase or decrease the amount of work to be clone on the basis of the bid unit price And up to plus or minus 751ten(p rihe(2S)Percent of the total bid. I hereby acknowledge reeeij)t of ADDENDUM(s)numbered 1 through I .ESTIMATED QUANTITYLIST (.BASE BID Red Mountain A001 Trail Crossitz�) )lip IT�Iy�D CILiPTIOI�t nUANTITY UNCLASSIPIRD.IixCAVATION(CIP) GY 20 $250 $5,000 I.nBOIt{iR nit 20 $40 $800 PRoslm Lolls LF 50 $2:50 $125 CONCitBTF WASHOUT LA 1 $500 $500 STORM INLtiT PROT1:0toN LA 2 $150 $306 S@Oihl OrltmovALANDDISPOSAL HR 10 $75 $750 ttesleN f3eNTROIrSNIWliMGR MIts 30 $0.00 $0.00 Aaaikuanit;tBASCCouRsF(CLASS 0) '1'N 20 $130 $2600 EiE mm 30 $0.00 $0.00 HOT BITUMINUS ASPHALT PATCUtNO '1T! 5 $350 $1750 Go,*:R r,CLASS D(COLORED SAN Dmo BUFF) CY 16 $350 $5600 CONCRIalF.CURB RAMPS(x2) SY 14 $150 $2100 CONCKUTB FOUNDATION PAD BA 2 $500 $1000 Pr:DP.STRIAN SIONAL SPECIAL UA 2 $10,894 $21,788 MOBILIZATION LS I $10,000 $10,000 T1tmw CONTROL PLAN RA 1 $300 $300 TRAFFIC CONTROL MANAorim Nr DAY 10 $850 $8,500 BARIOCADB(TYI'e 3 N4-A)('ItiiMP) HA .2 S 500 $1,000 CONSTRUCTION TRAFFIC SION PLAN(PANEL SIZB A) FA 6. $150 $900 DRUM CHANNFI.IMNOINIVICR 13A 10 $125 $1,250 RHcvc.ilnASPHAUf(SPrvQHUMt) SP 1,350 $4.60 $6,210 CONCRRTBCURB&GUTTHR(CURRCUT) LP 6 $280 $1,080 Pdr4V&�(RaX-5100L IU"tmgM0=64T-121-'DNq+Q SF +e0 • $0.00 $0.00 1211 1tOAD STRIPINo(Pmt MUTCO,NO.3B-31) LA 2 $750 $1,500 SPEeo HUMP PAINT(x2YBLLow) SF 1,350 $2.00 $2,700 ROAD WAhtNINa SIONS(SPRED HUMPS) IiA 2 $125 $250 TO'T'AL RED MOUN'T'AIN ROAD FRAIL CROSSING BASE BID IN NUMBERS: 76.603.00 Total Red Mountain ,Road Trail Crossing Base Bid in Words;—Seventy Six Thousand Six Hundred Three pPi•971.t1co 'BP1 'ago 2 Contractors Illtlals I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer:4t: - Per ,Title: 1 f� + c)&r f`Full name signature:Company address: Lr�b i a Qom- t i Ye- (S)p 1JwV VMl._�r+'i1 q*, Co 814,°1 - Telephone number: � _ t���� ` a©! Fax number: `�`/D 3't ID-6 Attested by: Subcontractor& Material Supplier List Name: — — - �U(C,� ,Phone#: Address: Service or Product: rI -it !!;I gw&ly, _ Nairn: ,Phone#:_-- Address: f Service or Product: Name: __ ,Phone#: address: Service or Product: DPI-971.doo `Bpi Pag_e 3 Gontracxu►s Initials MEMORANDUM TO: Mayor and City Council FROM: Don Taylor, Director of Finance THRU: Steve Barwick, City Manager DATE OF MEMO: September 17"', 2012 MEETING DATE: September 24"', 2012 RE: Proposed Franchise Agreement with Source Gas REQUEST OF COUNCIL: Review the terms of the proposed franchise agreement with Source Gas, provide feedback and give direction to set ballot question. PREVIOUS COUNCIL ACTION: City Council approved a ballot question approving a franchise agreement with a natural gas provider that was subsequently assigned to, or acquired by, Source Gas. This franchise expired in 2007 but has been continued annually by mutual agreement. BACKGROUND: The City charter provides that public utilities that wish to utilize the City rights of way to deliver their services to citizens and property owners in the City must first enter into a franchise agreement. The franchise agreement provides the terms and conditions that the public utility must follow and the consideration that is to be paid to the City. The City charter provides that all franchise agreements be approved by the voters. DISCUSSION: Most of the conditions of the franchise were readily agreed to and are standard provisions for utilization of the right of way. Compensation for use of the franchise took some negotiation to settle. Source gas was offering to pay the City either 2% of each of their retail customers' total bill or to charge all their customers based on a dollar amount per therm delivered. The difference is that the per therm basis picked up their transport only customers which have expanded in recent years. Changing to a per therm basis picks up these customers but it locks the city into a low franchise fee rate that can be changed only once every five year. Gas prices are really low right now and the city was reluctant to lock into a low rate. We were able to convince them that they should bifurcate the franchise fee methodology into a percentage rate for the retail customers and a per therm rate for the transport customers. This makes the franchise fee charge, which is passed on to customers, equitable regardless of Page 1 of 2 who they are buying the actual commodity from. The amount of the franchise fee stipulated to in the agreement is 2% of the amount charged. The other area of disagreement has to do with Section 6 of the agreement regarding the relocation of the facilities. Source gas readily agrees to pay for relocation of their facilities when city projects require that they be moved if the City agrees to meet and confer with them prior to the project being initiated do that they may explore methods for managing their costs. This is typically what happens. However they have inserted a provision that if the City does not meet and confer prior to the initiation of the project that the expense shall be borne by the City. City staff was concerned about either emergency situations or just plain oversight. This provision was finally settled by agreeing that the city would pay for only the incremental cost over a less expensive solution that Source gas may have identified. FINANCIAL/BUDGET IMPACTS: The source gas franchise will generate approximately $260,000 per year for the City. RECOMMENDED ACTION: Approve ordinance at first reading ALTERNATIVES: Make revisions to the ordinance before the election or remove the question form the November ballot. PROPOSED MOTION: I move that the ordinance approving the Source gas franchise agreement be approved at first reading. CITY MANAGER COMMENTS: ATTACHMENTS: Draft franchise agreement Page 2 of 2 ORDINANCE NO. Series of 2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A NON-EXCLUSIVE FRANCHISE TO SOURCEGAS DISTRIBUTION LLC, ITS SUCCESSORS AND ASSIGNS, TO LOCATE, BUILD, CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN AND OPERATE INTO, WITHIN AND THROUGH THE PRESENT AND FUTURE CORPORATE LIMITS OF THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, A GAS SYSTEM AND WORKS FOR THE PURCHASE, PROCESSING, TRANSMISSION AND DISTRIBUTION OF GAS, EITHER NATURAL, ARTIFICIAL OR MIXED, AND TO FURNISH, SELL AND DISTRIBUTE SAID GAS TO THE CITY OF ASPEN AND THE INHABITANTS THEREOF, FOR HEATING, COOKING OR OTHER PURPOSES, BY MEANS OF PIPES, MAINS, CONDUITS, SERVICES OR OTHERWISE, OVER, UNDER, ALONG, ACROSS AND THROUGH ANY AND ALL STREETS, OTHER PUBLIC WAYS AND PLACES IN SAID CITY OF ASPEN, FIXING THE TERMS AND CONDITIONS THEREOF AND REPEALING ORDINANCE NO. 14, SERIES OF 1986. WHEREAS, the City staff and SourceGas Distribution LLC have negotiated an agreement providing for a grant of franchise subject to approval by the City Council of the City of Aspen and the electors of the City of Aspen; and WHEREAS, the City Council has determined that the grant of franchise is in the best interests of the citizens of the City of Aspen. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: SECTION 1. SHORT TITLE. This Ordinance shall be known and may be cited as the SourceGas Distribution LLC Franchise Ordinance. SECTION 2. DEFINITIONS. For the purpose of this Ordinance, the following terms shall have the meaning given herein: "City" is the City of Aspen, Pitkin County, Colorado, the grantor of rights under this franchise. "Grantee" is SourceGas Distribution LLC, its successors and assigns, the grantee of rights under this franchise. "Council" is the City Council of the City of Aspen, Colorado. 1 "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. SECTION 3. GRANT OF AUTHORITY. A. There is hereby granted to the Grantee the right, privilege and authority to locate, build, construct, acquire, purchase, extend, maintain and operate into, within and through said City as the same now exists or may hereafter be extended, a gas system and works, for the purchase, processing, transmission and distribution of gas, either natural, artificial or mixed, and, for the period and upon the terms and conditions hereinafter specified, to furnish, sell and distribute said gas to the City and the inhabitants thereof, for heating, cooking or other purposes, by means of pipes, mains, conduits, services or otherwise, over, under, along, across and through any and all streets, alleys, viaducts, bridges, roads, lanes and gas easements in said City and over, under, along, across and through any extension, connection with or continuation of the same and/or over, under, along, across and through any and all such new streets, alleys, viaducts, bridges, roads, lanes and gas easements as may be hereafter laid out, opened, located or constructed within the territory now or hereafter included in the boundaries of said City. B. This franchise and the right to use and occupy said streets, alleys, public ways and places shall not be exclusive, and the City reserves the right to grant the use of said streets, alleys, public ways and places, to any person during the period of this franchise. C. This franchise constitutes a valid and binding contract between the Grantee and the City. The City has exercised its proprietary authority in granting this franchise. In the event that a franchise fee specified herein is declared illegal, unconstitutional, or unenforceable by any court of competent jurisdiction, the Grantee agrees to cooperate with the City in modifying the franchise to assure that the Grantee collects and the City receives an amount in franchise fees or some other form that is the same amount of franchise fees collected by the Grantee and paid to the City as of the date of such declaration, to the extent permitted by law. SECTION 4. GENERAL CONDITIONS. The Grantee is further granted the right, privilege and authority to excavate in, occupy and use any and all streets, alleys, viaducts, bridges, roads, lanes, and other public ways and places under the supervision of the properly constituted authority for the purpose of bringing gas into, within and through the City, and supplying gas to said City and the inhabitants thereof and in the territory adjacent thereto, provided however, that the Grantee shall so locate its works, transmission and distribution structures, equipment, mains, pipes, conduits, services or other appurtenances within said City in a manner to meet with the approval of the City and further in locating said facilities shall do so in such manner as to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners whose property adjoins any of the said streets, alleys, or other public ways and places. Should it become necessary for the Grantee, in exercising its rights and performing its duties hereunder, to interfere with any sidewalk, graveled or paved streets, roads or alleys, or any other public or private improvement, the Grantee shall repair at its own expense in a workmanlike manner subject to the approval by the City and in accordance with the 2 provisions of the City Municipal Code, such sidewalk, graveled or paved street, road, alley, or other improvement after the installation of its pipes or other structures. The Grantee shall use due care not to interfere with or damage any water mains, sewers, or other structures now in place or which may hereafter be placed in said streets, alleys, or other public places, and said Grantee shall, at its own expense, repair in a workmanlike manner subject to the approval of the City and in accordance with the provisions of the City Municipal Code, any such water mains, sewers, or other structures which are damaged through the action of Grantee, provided, however, that the City may make such repairs and charge the reasonable cost thereof to the Grantee. SECTION 5. INDEMNIFICATION, INSURANCE and BONDS or OTHER SURETY. - - A. General Indemnification. The Grantee agrees to indemnify, save and hold harmless, and defend the City, its officers, elected or appointed officials, employees, agents, boards and employees, from any action or claim, including third party claims, for injury, damage, loss, liability, cost or expense, including administrative hearing, court and appeal costs and attorneys' and expert witness fees and expenses, arising from any casualty, accident, injury or loss to person or property, including, without limitation, copyright infringement and defamation, and all other damages in any way arising out of, or by reason of, any construction, excavation, operation, maintenance, or reconstruction of the Grantee within the City and the securing of and exercise by the Grantee of the rights granted in this franchise, or any act done under or in connection with this franchise by or for the Grantee, its agents, or its employees by reason of any negligence or other fault of the Grantee. B. Additional Circumstances. The Grantee shall also indemnify, defend and hold the City harmless for any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and attorneys' and expert witness fees or expenses in any way arising out of- (i) The action of the City in granting this franchise; (ii) Damages arising out of any failure by the Grantee to secure consents from the owners, authorized distributors or licensees, licensors of programs to be delivered by Grantee, whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise. C. Procedures and Defense. The City may participate in the defense of a claim. The Grantee may settle any claims affecting the City without the City's approval, or the Grantee may relieve itself of all duty to defend and indemnify the City by paying to the City that sum which the claimant has offered to accept and which the Grantee would have paid but for the City's objection, but in any such case, only if such settlement or payment would fully discharge and satisfy all claims against the City arising from or related to such claim. 3 D. Non-Waiver. The fact that the Grantee carries out any activities under this franchise through independent contractors shall not constitute an avoidance of or defense to the Grantee's duty to defend and indemnify under this section. E. Notice to Grantee. The City shall provide prompt written notice to the Grantee of the pendency of any claim or action against the City arising out of the exercise by the Grantee of its franchise rights. The Grantee shall be permitted, at its own expense, to appear and defend or to assist in defense of such claim. F. The obligations under Paragraphs 5A-D shall not extend to any injury, loss or damages to the extent it is caused by the act, omission, error, professional error, mistake, negligence, or other fault of the City, elected or appointed officials, its officers, agents, boards or its employees. G. Insurance. The Grantee shall maintain in full force and effect, at its own cost and expense, during the term of this franchise, Comprehensive General Liability Insurance in the amount of not less than $1,000,000 combined single limit for bodily injury, and property damage for the City, its officers, employees and insurers. The insurance shall provide coverage at all times for not less than the amounts set forth at Section 24-10-114, C.R.S., as limitations on judgments, as amended from time to time. Said insurance shall designate the City as an additional insured and loss payee, as applicable. Such insurance shall be non-cancellable except upon thirty (30) days' notice to the City. Grantee, upon request, shall furnish a certificate of insurance to the City for said insurance. Grantee shall procure and maintain the minimum insurance coverages identified or referenced above. The insurance limits hereunder shall be revised upward in the event the statutory maximums applicable to local governments in Colorado, as provided in the Governmental Immunity Act, are raised during the term of this franchise, upon sixty (60) days advance written notice to the Grantee by the City. The Grantee shall have had notice of the pendency of any action against the City arising out of such exercise by the Grantee of said rights and privileges and be permitted at its own expense to appear and defend or assist in the defense of the same. H. Bonds or Other Surety. Except as expressly provided herein, the Grantee shall not be required to obtain or maintain bonds or other surety as a condition of being awarded the franchise or continuing its existence. The City acknowledges that the legal, financial, and technical qualifications of the Grantee are currently sufficient to afford compliance with the terms of the franchise and the enforcement thereof. The Grantee and the City recognize that the costs associated with bonds and other surety may ultimately be borne by Grantee's customers in the form of increased rates. In order to minimize such costs, the City agrees to require bonds and other surety in accordance with the provisions of the City Municipal Code and only in such amounts and during such times as there is a reasonably demonstrated need therefore. Initially, no bond or other surety will be required. In the event that one is required in the future, the City agrees to give the Grantee at least sixty (60) days prior written notice thereof stating the reason for the requirement. Such reason must demonstrate a change in technical, legal or financial qualifications which would materially prohibit or impair Grantee's ability to comply with the terms of the franchise or afford compliance therewith, or may be based upon the Grantee's 4 demonstrated failure to comply with the terms of this franchise in a timely manner or in a manner that poses a substantial risk to the health, safety and welfare of the City's inhabitants. I. Grantee hereby waives any claim for damages to its property within streets, alleys and gas easements against the City, its officers and employees, except for damages caused by the negligence, recklessness, or the specific intent of the City, elected or appointed officials, its officers, agents, boards or its employees. SECTION 6. RELOCATION OF FACILITIES. A. The City may undertake City projects including, but not limited to, the change of grade, new construction, installation or repair of sewers, storm sewers, drainages, waterlines, power lines or any government-owned communication system, public work or improvement, or any government-owned utility or public right-of-way vacation. City projects, by definition, are not emergency situations. If at any time it shall be necessary for Grantee to change the position of any gas main or service connection to permit the City to undertake such a City project or as a result of an emergency situation, the Grantee shall do so at its own expense. During the preliminary stages of planning and engineering of any City project which may require the Grantee to relocate its facilities and at any time at which the City determines that it may materially modify such City project, the City shall provide notice to Grantee of such City project or material modification of such City project and offer to meet and confer with Grantee on date(s) and at time(s) and location(s) that are mutually acceptable to the City and Grantee. The purpose of such meeting(s) is to seek Grantee's input and explore means of reducing the costs to the Grantee and to provide the City with a timetable within which the involved Grantee facilities will be relocated, including anticipated start date, so as to facilitate coordination with the timetable to be established by the City for completion of the City project. The City shall make reasonable efforts to mitigate the financial impact of any such project on the Grantee. If the City does not meet and confer with the Grantee prior to finalizing the planning and engineering and any subsequent material modification of any City project which may require the Grantee to relocate its facilities, the City shall pay the Grantee relocation and restoration expenses incremental to the expenses that Grantee would have incurred if the City had met and conferred with the Grantee in such manner. The City will not be required to pay relocation or restoration costs in those circumstances in which the City could not have reasonably known that there would be a potential impact to Grantee facilities. B. If the City and the Grantee meet and confer and agree on a facilities relocation plan, the Grantee shall complete such relocations by the deadline agreed upon in the facilities relocation plan; except that the Grantee may be granted an extension of time for completion equivalent to any delay caused by conditions not under its control. However, if the City and the Grantee meet and confer but do not agree on a facilities relocation plan, the Grantee may request a review by the Aspen City Manager. Upon review,the decision by the Aspen City Manager shall be final and subject to judicial review, and Grantee shall fully comply with the conditions set forth in the final facilities relocation plan absent judicial review. 5 C. Following relocation conducted at Grantee's expense, all property identified in the facilities relocation plan shall be restored by the Grantee to substantially its former condition, in accordance with the then existing City municipal ordinances, laws, and regulations. Such restoration work shall be performed at the Grantee's expense, except as otherwise provided in paragraph 6A. D. Relocation of underground facilities shall be undergrounded in similar fashion and in accordance with the provisions of the City Municipal Code, unless otherwise agreed to by the City and the Grantee in a facilities relocation plan. Relocated above ground facilities shall be above ground in similar fashion and in accordance with the provisions of the City Municipal Code, unless otherwise agreed to by the City and the Grantee in a facilities relocation plan. E. There is no requirement that the City intervene in proceedings before the Public Utilities Commission of the State of Colorado ("PUC") in which the Grantee requests recovery of costs that the Grantee has incurred in complying herewith. If the City is considering whether to intervene in any such proceeding, it first shall meet and discuss its interests with the Grantee prior to filing any request to intervene. SECTION 7. SERVICE STANDARDS. A. Reliability. 1. The Grantee shall maintain and operate its structures, apparatus, mains, pipe and other equipment and render efficient service in accordance with the rules and regulations of the PUC and the terms and conditions of City codes and State Statutes as revised from time to time. 2. Grantee shall provide to the City telephone numbers and e-mail addresses of the Grantee's management personnel responsible for utility service in the City and shall, upon request, provide the City with status reports on a twenty-four hour basis concerning interruptions of the supply of utility service in any portion of the City. B. Inspections and As-Built of Work. 1. Work performed by Grantee may be subject to municipal ordinances requiring inspections of work to ensure that the work has been performed in accordance with the requirements of the laws, ordinances, and regulations of the City. Such inspection may include, but not be limited to, the following matters: location of facilities in streets; cutting and trimming of trees and shrubs; disturbance of pavements, sidewalks, and surfaces of streets. Grantee shall promptly perform reasonable remedial action required by the City pursuant to said inspections. 2. It shall be a condition of the City's approval that, for any major facility installed, renovated, or replaced after the effective date of this franchise, Grantee shall provide 6 the City with as-built drawings of each such facility in such formats and providing such details as reasonably requested by the City. C. Maps. Grantee shall prepare and submit to the City a map showing the location of its distribution system, showing location and size, as applicable, of lines, valves, gates and all appurtenances incident to the distribution system, so far as the location of such facilities can reasonably be projected. The map shall be kept current and filed with the City Clerk's office by May 1 of each year. D. Installation, Extension, Relocation, or Modification of Grantee Facilities. Before commencement of the installation, extension, relocation or modification of Grantee facilities in City streets and alleys, the Grantee shall prepare and submit to the City for review and approval by the Aspen City Manager or designee a map showing the location and size, as applicable, of lines, valves, gates and all appurtenances incident to the distribution system, so far as the location of such facilities can reasonably be projected, as well as show the location of other pertinent facilities and surface features as deemed necessary by the Aspen City Manager to evaluate such plan. The Aspen City Manager may require Grantee to pothole location of identified facilities to confirm depth, clearance, or other information in the due course of review prior to approval. In addition, the Grantee shall submit a construction plan indicating a construction schedule, showing the streets and alleys where excavations will be simultaneously open at any given time, making provision for traffic routing in the event of interruption, setting forth the places where pavement cuts are expected, and where underground boring will occur for pipe installation. Construction may then proceed upon timely review and approval of said map and plan by the Aspen City Manager. E. Access to Premises. To the extent allowed by law, Grantee shall have the right to enter the premises of its customers at reasonable times for the purpose of reading meters, inspecting gas appliances, pipes and equipment and for the purpose of ascertaining loads, making necessary tests and installing, disconnecting or removing meters. F. Permits. Grantee shall be responsible for obtaining all applicable permits, including any excavation or tree cut permits, in the manner required by the laws, ordinances, and regulations of the City, except as expressly stated in Section 9 of this Ordinance. G. Extensions of Service. 7 Grantee shall make such reasonable extensions of its mains from time to time as may be required to furnish service within the City to consumer(s) making application therefor; but Grantee shall not be required to make any extension for the purpose of serving any consumer(s) if Grantee is, for any reason, unable to obtain an adequate supply of gas to warrant the construction of said extension or if such extension would be inconsistent with its tariff approved by the PUC. Service to such consumer(s) shall be in accordance with the terms of this franchise, including payment of franchise fees. SECTION 8. SUPPLY OF GAS. If during the term of this franchise, there occurs a failure or partial failure of the supply of natural gas available to the Grantee because of depletion of such supply, the Grantee shall take all reasonable steps to obtain an additional natural gas supply from other sources to be delivered to the Grantee, and if unable to procure same, it is hereby authorized to supply artificial or mixed gas for the unexpired term of this franchise. If Grantee, within a reasonable period after failure of the supply of natural gas, shall fail to supply to its customers artificial and/or mixed gas, the franchise rights granted herein shall terminate. SECTION 9. FRANCHISE FEES. In consideration of the rights and privileges herein granted, the Grantee shall assess, effective the first billing cycle after this franchise becomes effective, to residential and commercial customers of Grantee within the City of Aspen, Colorado, a franchise fee or fee equivalent to 2 percent (%) of annual gross revenue derived from gas sales service within the corporate limits of the City that is billed by the Grantee, including the revenue received from the sale of industrial gas, and a franchise fee equivalent to $0.0174 per therm for gas transportation service within the corporate limits of the City that is billed by the Grantee, and excluding the amount received from the City itself for gas service furnished it and after adjustment for the net write-off of uncollectable amounts and corrections of bills theretofore rendered. Payments to the City shall be made quarterly within 60 days of each calendar quarter and each such payment shall be accompanied by a statement supporting the payment. The City may on each five (5) year anniversary of this franchise request review and adjustment of the franchise fees consistent with the amounts charged to other utilities that have a franchise with the City or with the amounts charged to Grantee by other Colorado municipalities with which Grantee has a franchise. The City must provide 60 days' written notice to the Grantee prior to any such anniversary of such request for review and adjustment. If 60-days' written notice is not provided by the City to Grantee, the franchise fees in effect shall continue. Such payment shall be in lieu of any and all other fees, charges, licenses, taxes or assessments which said City may impose for the rights and privileges herein granted or for the privilege of doing business within said City and, for the use of the rights of way, and in the event any such fee, charge, license, tax or assessment shall be imposed by said City, the payment to be made in accordance with the provisions of this section shall be refunded in an amount equal to the annual burden of such fee, charge, license tax or assessment imposed upon the Grantee. Ad Valorem property taxes imposed generally upon all real and personal property within said City shall not be deemed to affect the obligation of the Grantee under this section. If at any time during the term of this franchise the manner in which a franchise fee specified herein is calculated, collected or paid is changed, whether by action of the Grantee, the 8 PUC, or any entity having jurisdiction thereof, the Grantee agrees to cooperate with the City in modifying the franchise to assure that the Grantee collects and the City receives an amount in franchise fees or some other form that is the same amount of franchise fees collected by the Grantee and paid to the City as of the date of such change and required modification, to the extent permitted by law. SECTION 10. PURCHASE OF SYSTEM. The City's rights and privilege of purchasing or condemning the Grantee's system subject to this franchise shall be governed by the laws of the State of Colorado. SECTION 11. TERM. This franchise and the rights, privileges, and franchises hereby granted shall be and remain in full force and effect for a period of twenty (20) years from the effective date of this franchise as set forth below. SECTION 12. TERMINATION OF FRANCHISE. Upon the termination of this franchise if the Grantee shall not have acquired an extension or renewal thereof and accepted same, Grantee may have and is hereby granted the right to enter upon the streets, alleys, bridges, viaducts, roads, lanes and other public places of the City, for the purpose of removing there from any or all of its plants, structures, pipes, mains or equipment pertaining thereto, at any time after the City has had ample time and opportunity to purchase, condemn or replace them. In so removing said pipes, mains or other property, the Grantee shall, at its own expense and in a workmanlike manner, refill any excavations that shall be made by it in the graveled or paved streets, alleys, bridges, viaducts, roads, lanes and other public places after the removal of its mains, pipes or other structures, and repair all surfaces to the condition prior to such removal. SECTION 13. ASSIGNMENT. The Grantee may assign this franchise, or the rights granted hereunder by providing prior written notice to the City Manager, but without first obtaining the written consent of the City, except in the circumstance the Grantee offers to sell or enters into a contract to sell only the system subject to this franchise. The City's consent to such an assignment shall not be unreasonably withheld, and this section shall not be construed to restrict or prevent the issuance of bonds, debentures, or other evidence of indebtedness, needed or useful for the purpose of financing the system or any portion thereof. SECTION 14. FORFEITURE. The City reserves the right to declare a forfeiture of this franchise for the breach of a substantial and material provision thereof. In the event that the City believes that the Grantee has not complied with any term of the franchise, it shall notify the Grantee in writing in reasonable detail of the nature of the alleged noncompliance. No forfeiture shall be declared until the Grantee shall have had an opportunity to be heard and to correct the alleged breach. Upon failure of the Grantee to exercise reasonable diligence to correct such condition, or to demonstrate that remedying the breach is legally proscribed, the City may take action to correct such condition, the cost of which the Grantee shall promptly reimburse, or may declare this franchise forfeited and notify Grantee in writing. In the event that this franchise is forfeited, then the Grantee agrees to continue to render service as theretofore until the City makes alternative arrangements 9 for such service. In addition to the remedies set forth above in this section, if the City prevails in any judicial action to enforce any of the terms or conditions of this franchise, the City shall be entitled to recover all of its costs and expenses, including reasonable attorney's fees, incurred in such action; provided, however, if the City does not prevail in any such judicial action, the Grantee shall be entitled to recover from the City all of the Grantee's costs and expenses, including reasonable attorney's fees, incurred in such action. SECTION 15. ORDINANCE REPEALED. Ordinance No. 14, Series of 1986, passed under date of April 28, 1986, is hereby repealed and of no further force or effect. SECTION 16. RESERVED RIGHTS. The right is hereby reserved by the City to adopt, from time to time, in addition to the provisions herein contained, such ordinances as may be deemed necessary in the exercise of its police power, provided that such regulations shall be reasonable and not destructive of the rights and benefits herein granted, and not in conflict with the laws of the State of Colorado, or with orders of other authorities having jurisdiction in the premises, except, if applicable, as permitted in the exercise of the City's home rule powers granted by Article XX of the Colorado Constitution. The Grantee shall comply with the requirements of all municipal building and zoning codes, and requirements regarding curb and pavement cuts, excavating, digging, and other construction activities, except as expressly stated in Section 9 of this Ordinance. This franchise shall be subject to all valid and effective provisions of the City Charter whether enumerated herein or not. SECTION 17. MISCELLANEOUS PROVISIONS. A. No Waiver of GIA. Nothing herein shall be in any way construed as a waiver on behalf of the City of any of the protections or provisions of the Colorado Governmental Immunity Act. B. Consent Not Unreasonably Withheld. In any action by the City or authorized representative thereof mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld. C. Captions. The captions to Sections contained herein are intended solely to facilitate the reading hereof. Such captions shall not affect the meaning or interpretation of the text herein. D. ContinuinLy Jurisdiction. This franchise and the ordinance approving the same and the respective rights and obligations of the parties hereunder are subject to all present and future valid governmental legislation or regulation, whether federal or state, of duly constituted authorities which have jurisdiction over this franchise, one or both of the parties, or any transaction hereunder. E. Venue. Venue for all judicial actions shall be in Pitkin County, Colorado. 10 F. No Waiver. Neither the City nor Grantee shall be excused from complying with any of the terms and conditions of this franchise by any failure of the other, or any of its officers, employees, or agents, upon one or more occasions, to insist upon or to seek compliance with any terms and conditions. G. Representatives. Both parties shall designate from time to time in writing representatives for the Grantee and the City who will be persons to whom notices shall be sent regarding any action to be taken under this franchise. Notices shall be in writing and forwarded by certified mail or hand delivered to the person and address stated, unless the person and address are changed at the written request of either party, delivered in person or by certified mail. Until such change shall hereafter be made, notices shall be sent as follows: To the City: The City of Aspen City Manager 130 S. Galena Street Aspen, CO 81611 To the Grantee: Manager—Division Operations 0096 County Rd 160 Glenwood Springs, CO 81601 H. Severability. Should any one or more provisions of this franchise be held to be illegal or unenforceable by any court of competent jurisdiction, such holding shall not affect the validity of all other provisions; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a substitute term for each such provision held to be illegal or unenforceable that will achieve the original intent of the parties hereunder. I. Payment of Expenses Incurred by City in relation to Voter Approval Election of this Franchise Agreement. At the City's option, Grantee shall pay in advance or reimburse the City for expenses incurred in voter approval election, publication of notices, publication of ordinances, photocopying of documents, and staff and consulting expenses arising for the negotiations, voter approval and implementation of this franchise agreement. SECTION 18. EFFECTIVE DATE. This franchise shall become effective and be in full force and effect from and after final passage of the ordinance approving the same by the Aspen City Council, the ordinance's publication as by law required, upon written acceptance and ratification by Grantee and voter approval as set forth herein below. SECTION 19. APPROVALS. 11 A. City Approval. This grant of franchise shall not become effective unless approved by a majority of the electors of the City of Aspen voting thereon in accordance with Section 11.4 of the City of Aspen Home Rule Charter. B. Grantee Approval. Grantee shall file with the City Clerk of the City of Aspen its written support of this franchise and all of its terms and conditions prior to public hearings set for consideration of the franchise by the City of Aspen City Council. Within sixty (60) days of the approval of the ordinance by the Aspen City Council, Grantee shall file a written acceptance and ratification of the franchise with the City Clerk. The acceptance and ratification shall, in the form and content, be approved by the City Attorney. This franchise shall not become effective for any purpose until written acceptance and ratification has been filed. INTRODUCED AND ORDERED PUBLISHED on first reading this.--\- day of I�71')O 2012. Michael C. Ireland, Mayor ATTEST: City Clerk PASSED,ADOPTED AND APPROVED on second and final reading this day of J,"CTV&q 2012. Michael C. Ireland, Mayor ATTEST: City Clerk 12